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BCC Minutes 06/24/2014 R BCC REGULAR MEETING MINUTES June 24, 2014 June 24, 2014 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 24, 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 Tim Nance Donna Fiala Georgia Hiller Fred Coyle ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Finance Director 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 L r AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 June 24, 2014 9:00 AM Commissioner Tom Henning, District 3 - BCC Chair Commissioner Tim Nance, District 5 - BCC Vice-Chair; TDC Chair Commissioner Donna Fiala, District 1 - CRAB Chair Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair Commissioner Fred W. Coyle, District 4 - CRAB Vice-Chair 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 June 24,2014 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. Pastor Bob Scudieri - Faith Lutheran Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. May 27, 2014 - BCC/Regular Meeting 3. SERVICE AWARDS A. 20 Year Attendees 1) Pam Callis - Utilities Finance Page 2 June 24, 2014 2) John Daly - Information Technology 3) Liz Froloff- PUD Operations Support UBCS 4) Denise McMahon - Library B. 25 Year Attendees 1) Emmanuel Augustin-Road Maintenance, 2) Russell Greer-Water Lab, 3) John Houldsworth-Engineering & Project Review 4. PROCLAMATIONS A. Proclamation designating Collier County as a Purple Heart County and designating August 7th of each year as Purple Heart Day. To be accepted by Jack Wagner Commander of the local chapter of the Military Order of the Purple Heart. Sponsored by the Board of County Commissioners. B. Proclamation designating July 1, 2014 as Florida Southwestern State College Day in Collier County to be accepted by Dr. Robert Jones, Collier Campus President. Sponsored by Commissioner Henning. C. Proclamation designating July 2014 as Bladder Cancer Awareness Month to be accepted by Carla L. Dean, President of Bladder Cancer Foundation of Florida Inc. Sponsored by Commissioner Coyle. D. Proclamation recognizing Marco Island restaurants Bistro Soleil and Petit Soleil for earning the Waste Reduction Awards Program award to be accepted by Bistro Soleil and Petit Soleil owner Lisa Meurgue. Sponsored by Commissioner Fiala. 5. PRESENTATIONS A. Recommendation to recognize John Houldsworth, Senior Site Plans Reviewer, Engineering Services Department as the Employee of the Month for May 2014. Page 3 June 24, 2014 B. Regional Overview Presentation by Margaret Wuerstle, Executive Director, Southwest Florida Regional Planning Council (Commissioner Hiller). 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 p.m. 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 p.m. unless otherwise noted. 8. BOARD OF ZONING APPEALS 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 a Resolution providing for the establishment of a conditional use to allow Food stores with greater than 5,000 square feet of gross floor area in the principal structure (groups 5411-5499); Permitted food service (5812, eating places) uses with more than 6,000 square feet of gross floor area in the principal structure; and Permitted personal services, video rental or retail uses (excluding drug stores - 5912) with more than 5,000 square feet of gross floor area in the principal structure, within a Commercial Intermediate (C-3) zoning district pursuant to subsection 2.03.03.C.1.c of the Collier County Land Development Code for property located on the north side of U.S. 41, east of the Collier Boulevard (C.R. 951) and U.S. 41 intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida (CU- PL20130001768). Item #9 to be heard no sooner than 1:30 p.m. unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to consider an Ordinance amending Ordinance number 04- 41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Page 4 June 24, 2014 Development Code, more specifically amending the following: Chapter One - General Provisions, including Section 1.08.02 Definitions; Chapter Two - Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.07 Overlay Zoning Districts; Chapter Three - Resource Protection, including Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, Section 3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07 Preservation Standards; Chapter Four - Site Design and Development Standards, including Section 4.01.02 Kitchens in Dwelling Units, Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, Section 4.06.02 Buffer Requirements; Chapter Five - Supplemental Standards, including Section 5.03.02 Fences and Walls, Excluding Sound Walls, Section 5.03.03 Guesthouses, Section 5.03.05 Caretaker Residences, 5.04.04 Model Home and Model Sales Centers, Section 5.04.05 Temporary Events, Section 5.06.00 Sign Regulations and Standards by Land Use Classification, Section 5.06.02 Development Standards for Signs Within Residential Districts, Section 5.06.04 Development Standards for Signs in Nonresidential Districts, Section 5.06.05 Exemptions from these Regulations, Section 5.06.06 Prohibited Signs, Section 5.06.09 Nonconforming Signs; Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter Nine - Variations from Code Requirements, including Section 9.03.03 Types of Nonconformities; Chapter Ten - Application, Review, and Decision-Making Procedures, including Section 10.02.08 Requirements for Amendments to the Official Zoning Atlas, Section 10.02.13 Planned Unit Development (PUD) Procedures, Section 10.03.05 Required Methods of Providing Public Notice, Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four, Adoption of Amendments to the Collier County Zoning Atlas, more specifically amending the following: Zoning Map number 0502S to rezone various properties located on the north side of Davis Boulevard (SR-84) from Airport-Pulling Road (CR-31) west to the Naples city limit, from C-4 General Commercial and C-5 Heavy Commercial to C-4-GTMUD-MXD and C-5-GTMUD-MXD (Gateway Triangle Mixed Use Overlay District - Mixed Use Subdistrict); Section Five, Conflict and Severability; Section Six, Inclusion in the Collier County Land Development Code; and Section Page 5 June 24, 2014 Seven, Effective Date. B. This item has been continued from the May 27, 2014 BCC meeting: This item requires that ex parte disclosure be provided by Commission members. 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, Range 26 East, Collier County, Florida [PUDA-PL20130001919]. C. Recommendation to approve (Adopt) an Ordinance amending Ordinance No. 2002-61, which established the Fiddler's Creek Community Development District No. 2, in order to increase the acreage of the District; providing for severability; and providing for an effective date. D. This item requires that ex parte disclosure be provided by Commission members. Recommendation to approve an Ordinance Amending Ordinance No. 07-71, as amended, the Naples Reserve Golf Club Residential Planned Unit Development (RPUD), to approve the excavation and off-site hauling of 1,050,000 cubic yards of fill; to increase the size of the preserve tract and add permitted uses; to amend the RPUD Master Plan and to provide for amendments to list of Developer Commitments; and providing an effective date. The subject property is located one mile north of U.S. 41 and 1-1/2 miles east of Collier Boulevard (CR 951) in Section 1, Township 51 South, Range 26 East, Collier County, Florida consisting of 688+/- acres (Petition number PUDA-PL20140000342). This is a companion to Agenda Item #11B. 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to appoint member(s) to Hispanic Affairs Advisory Board. B. Recommendation to direct staff to prepare a fiscal analysis and a recommended straw ballot question concerning the return to the original intent of the Tourist Development Tax to be presented to the BCC for approval at the meeting on July 8, 2014. If approved by the BCC, the straw ballot would be placed on the November 2014 ballot. (Commissioner Coyle) Page 6 June 24, 2014 11. COUNTY MANAGER'S REPORT A. Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. (Michelle Arnold, Alternative Transportation Modes Director) B. This item to be heard immediately following Companion Item 9D. 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 the off-site removal of fill from the Naples Reserve RPUD consistent with the companion PUD Amendment. This is an amendment to Commercial Excavation Permit PL 20140000342 to allow excess fill to be removed from the site. The excess fill is a result of previously approved development lake excavations within Naples Reserve RPUD. This item is a companion item to Naples Reserve RPUD PL20140000342, Agenda Item #9D. (Jack McKenna, Engineering Services Manager) C. Recommendation to approve a conceptual transition plan for the annexation of the Isles of Capri Fire and Rescue District by the East Naples Fire Control and Rescue District pending approval by referendum of a majority vote of electors in the district. (Len Price, Administrative Services Administrator) D. Recommendation to approve a Resolution establishing the Collier Area Transit (CAT) Advertising Policy, Standards and Rate Schedule. (Trinity Scott, Alternative Transportation Modes Public Transit Manager) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY Page 7 June 24, 2014 1) This item to be heard at 10:40 a.m. Recommendation that the Community Redevelopment Agency (CRA) review an offer to purchase CRA owned property in the Gateway mini-triangle by Fortino Construction & Development, LLC and Assignee and provide staff direction. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Proposed Future 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) Recommendation to approve a Resolution repealing and replacing Resolution No. 96-491, any and all amendments thereto, in order to update the fee schedule used by the Natural Resources Department for analytical and professional services and providing for an effective date of October 1, 2014. 2) Recommendation to approve an easement agreement for the purchase of a road right-of-way, drainage and utility easement required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East, Project No. 60040; (Fiscal Impact $1,527). 3) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement, Parcel 142RDUE, required for the expansion of Golden Gate Boulevard from East of Wilson Boulevard to 20th Street East. Project No. 60040 (Fiscal Impact: $4,235.50) 4) Recommendation to review the proposed zoning maps changes and support documentation, and direct the Chair to sign the official zoning Page 8 June 24,2014 maps. 5) Recommendation to award Contract No. 14-6268, 28th Ave SE Bridge to Quality Enterprises USA, Inc., in the amount of$668,777, Project No. 60123. 6) Recommendation to approve a budget amendment in the amount of $23,490.94 to recognize revenues received from traffic accident reimbursements from Insurance Companies in Landscape Project Fund 112, Project #60076, Traffic Accidents and Turnlanes, and Landscape Project Fund 112, Project #60075, Landscape Asset Management. 7) Recommendation to approve Petition VAC-PL20140000680, to quitclaim and release the County's interest in six (6) 30-foot strips of land described as easements for public right-of-way as recorded in Official Record Book 160, page 237, Official Record Book 168, page 843, Official Record Book 164, page 177, Official Record Book 184, page 858, Official Record Book 164, page 087, and Official Record Book 164, page 683, of the Public Records of Collier County, Florida, located in Section 36, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. 8) Recommendation to award Bid #13-6168 Demolition of Commercial and Residential Structures to Honc Enterprises, Inc. d/b/a/ Honc Destruction, as the Primary Contractor and Paragon Construction Unlimited, Inc., as the Secondary Contractor. 9) Recommendation to approve a release of lien with an accrued value of $11,154.80 for payment of$1,354.80, in the code enforcement action entitled Board of County Commissioners v. Neil Forney, Code Enforcement Special Magistrate Case No. CEPM20110010215, relating to property located at 5573 Cove Circle, Collier County, Florida. 10) Recommendation to authorize the Clerk of Courts to release an Irrevocable Standby Letter of Credit No. FGAC-13071 in the amount of$113,320 which was posted as a guaranty for Excavation Permit Number 59.917-2, (PL20120002425) for work associated with Bella Page 9 June 24, 2014 Firenze at Treviso Bay. 11) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge at Ave Maria Phase 3, (Application Number PL20140000067) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 12) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$445,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20100000306) for work associated with Verona Walk Phase 4C. 13) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation for approval of an excavation permit to allow offsite removal of up to 100,000 cubic yards of fill from property described in the Lely Resort PUD as Lely Resort - Signature Club EXP-PL20 1 4000 1 1 1 0. The excess fill is a result of previously approved development lake excavation within Lely Resort and the material is also tied to current and proposed excavations. 14) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$97,520 which was posted as a guaranty for Excavation Permit Number 60.082, (PL20120001222) for work associated with Hacienda Lakes of Naples, Phase 1. 15) 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 Bent Creek Preserve Phase 1 A, Application Number FP-PL20130002155. 16) Recommendation to approve a Memorandum of Agreement between Collier County and the Big Cypress National Preserve detailing the terms of a combined effort designed to restore a more natural surface Page 10 June 24,2014 water flow pattern to a section of the Turner River. 17) Recommendation to award Contract No. 14-6228 - Collier County Beach Renourishment 15-year Permit in the amount of$127,566 to Coastal Planning and Engineering Inc., authorize the Chairman to execute the corresponding agreement, authorize the necessary budget amendment, and make a finding that this item promotes tourism. (Project #80165) 18) Recommendation to approve the ranked list of design professionals pursuant to RFP No. 14-6257, "Doctors Pass Jetty", authorize staff to negotiate a contract with the top ranked firm for subsequent Board approval, and make a finding that this item promotes tourism (Project No. 90029). 19) Recommendation to approve a Work Order with Humiston and Moore Engineers to provide professional engineering services as needed by the Marco Island Central Beach Re-grade project under Contract No. 13-6164-CZ for a Time and Material amount not to exceed $169,724; authorize the County Manager or his designee to execute the Work Order, approve necessary budget amendment, and make a finding that this item promotes tourism, Project No. 90062. 20) Recommendation to approve a proposed amendment to the Tourist Development Tax Ordinance No. 92-60, as amended, that would authorize the reallocation of funds between Tourist Development Tax categories with a supermajority vote of the Board and direct the County Attorney to advertise ordinance changes to be approved by the Board at a future meeting; to allow TDC grant funds previously awarded to the City of Naples to "carry forward" for expenditure in FY2015 for a major renovation of the City of Naples Pier; and to make a finding that this item promotes tourism. 21) Recommendation to approve the consultant rankings by quadrant for Request for Proposal #14-6190 Golden Gate Stormwater Drainage Improvement Project Design and authorize staff to negotiate contracts with the top ranked firms for subsequent Board approval. 22) Recommendation to approve a Work Order with CB&I Coastal Planning & Engineering, Inc. to assist the County with The Florida Page 11 June 24,2014 Department of Environmental Protection (FDEP) 2015-2016 Local Government Funding Request (LGFR) Submittal under Contract No. 13-6164 for a Time and Material amount not to exceed $9,979, authorize the County Manager or his designee to execute the work order, and make a finding that this item promotes tourism (Project No. 80165). 23) Recommendation to approve a Developer Agreement between Naples Associates IV, LLLP (Developer) and Collier County (County) to provide design and post construction services to intersection improvements at the intersection of Collier Boulevard and Immokalee Road. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency (CRA) to approve a Commercial Building Improvement Grant Agreement between the CRA, Sabal Court Restaurant, Inc., and Sabal Court, LLC, for property located within the Bayshore Gateway Triangle Area at 3275 Bayshore Drive in the amount of$3,550. C. PUBLIC UTILITIES DIVISION 1) Recommendation to award Bid #13-6162R, "Chlorinator Equipment Maintenance," to Water Treatment and Controls Company and authorize the Chairman to execute the attached contract. 2) Recommendation to approve a work order under Request for Quotation #08-5011-119 in the amount of$352,447 to Mitchell & Stark Construction Co., Inc., to replace pumps and motor controls in Sludge Pump Station No. 4 under North County Water Reclamation Facility Technical Support Project Number 73968. 3) Recommendation to approve a Utility and Access Easement Agreement with Kensington Park Master Association, Inc., for the acquisition of an easement at its appraised value to accommodate the rehabilitation of a wastewater pumping station, at a total cost not to exceed $900, Project Number 70046. 4) Recommendation to approve a Purchase and Sale Agreement with Page 12 June 24, 2014 Designers' Collectibles LLC at a cost not to exceed $308,000 to purchase property for the construction of a new wastewater master pump station as part of the Wastewater Basin Program, Project Number 70050. 5) Recommendation to award Invitation to Bid Number 14-6290 in the amount of$207,850 to Gulfstream Petroleum Services, Inc., for Project Number 71066, "North County Regional Water Treatment Plant Diesel Fuel Storage Tank Replacement," and authorize a budget amendment in the amount of$200,000. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve a State Housing Initiative Partnership Subrecipient Agreement with Centro Campesino Farmworker Center, Inc. for the administration of an Owner-Occupied Rehabilitation Program for a total contract award of$856,000 and to accept a six- month extension of the expenditure deadline for SHIP Fiscal Year 2011/2012 program funds granted by the Florida Housing Finance Corporation. 2) Recommendation to approve a Budget Amendment recognizing $828,973.79 of State Housing Initiative Partnership Program allocation and program income for Fiscal Year 2013/2014. 3) Recommendation to authorize staff to advertise an Ordinance that would repeal and replace Ordinance 94-39, as amended, known as the Collier County Residential Rehabilitation Program, to adopt a revised program to be known as the Collier County Owner-Occupied Rehabilitation Program and bring back the proposed Ordinance for a Public Hearing. 4) Recommendation to approve Amendment No. 4 to the Subrecipient Agreement with the Collier County Housing Authority, Inc. for Tenant Based Rental Assistance to extend the project completion date to August 31, 2015, modify budget language to be consistent with other agreements and update department contact information. 5) Recommendation to amend the Neighborhood Stabilization Administrative Plan and approve Amendment 2 to the Developer Page 13 June 24, 2014 Agreement with Habitat for Humanity of Collier County, Inc. for the Neighborhood Stabilization Program 1 and Amendment 5 to the Developer Agreement with Habitat for Humanity of Collier County, Inc. for the Neighborhood Stabilization Program 3 to reflect grant program closeout guidelines and clarify appraisal requirements. 6) Recommendation to approve four satisfactions of mortgage for owner- occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. 7) Recommendation to approve a satisfaction and release of lien for payment of countywide impact fees. 8) Recommendation to approve the Collier County FY2014-2015 One- Year HUD Annual Action Plan including the re-programming of funds from previous years for Community Development Block Grant, Home Investment Partnerships, and Emergency Solutions Grant Programs; approve the Resolution, U.S. Department of Housing and Urban Development (HUD) Certifications, and SF 424 Application for Federal Assistance, and authorize transmittal to the HUD. 9) Recommendation to approve the FY14 Program of Transit system Operations and Capital Projects and submittal of a grant application for the Federal Transit Administration, 49 USC § 5307 FY14 grant funds in the amount of$2,888,127 through the Transportation Electronic Award Management System. 10) Recommendation to approve the FY14 Program of Transit System Capital Projects and submittal of a grant application for the Federal Transit Administration, 49 USC § 5339 FY14 grant funds of$365,428 through Transportation Electronic Award Management System. 11) Recommendation to approve the 2014 Annual Progress Report of the Collier County Transit Development Plan and authorize its submission to the Florida Department of Transportation. 12) Recommendation to approve the submittal of a FY 2013/14 grant application for Federal Highway Administration Flexible Funding in the amount of$294,000 for additional bus shelters through the Federal Transit Administration Transportation Electronic Award Management Page 14 June 24, 2014 System. 13) Recommendation to approve the submittal of a FY 2014/15 grant application for Federal Highway Administration Flexible Funding in the amount of$287,124 for the construction of additional bus shelters through the Federal Transit Administration Transportation Electronic Award Management System. 14) Recommendation to approve a substantial amendment to the U.S. Department of Housing and Urban Development Community Development Block Grant FY2010-2011 HUD Annual Action Plan, as amended, to redirect funds to the Immokalee CRA First Street Plaza (aka Zocalo) project in the amount of$34,000. 15) Recommendation to approve a one-time Exhibition and Facility Use Agreement with the Marco Island Foundation for the Arts to provide exhibit and an after-hours event reception space at the Marco Island Historical Museum. 16) Recommendation to adopt a resolution approving the expenditure of funds not to exceed $2,000 for activities and incentive prizes associated with the 2014 United Way of Collier County Campaign and to waive the entrance fees into Sun-N-Fun Lagoon for participants on the day of the Walk (September 27, 2014). 17) Recommendation to approve Amendments and Attestation Statements with Area Agency on Aging for Southwest Florida, Inc. for the Community Care for the Elderly, Alzheimer's Disease Initiative, and Home Care for the Elderly programs to extend the term of the agreements and ensure continuous funding for FY 2013/2014. 18) Recommendation to approve Amendments and Attestation Statements with Area Agency on Aging for Southwest Florida, Inc. for the Community Care for the Elderly and Alzheimer's Disease Initiative programs to increase funding for FY 2013/2014 (Net Fiscal Impact $55,356). E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve the Collective Bargaining Agreement Page 15 June 24, 2014 between Collier County and Local Number 4719, Professional Fire and Marine Rescue of Isles of Capri, International Association of Fire Fighters. 2) Recommendation to approve an Assumption Agreement with Intelligent Infrastructure Solutions, LLC as it relates to Contract #12- 5985 Fiber Optic Installation, Repair and Maintenance. 3) Recommendation to authorize the necessary Budget Amendments in the amount of$185,000 for Americans with Disabilities Act improvements to the public restrooms on the 3rd floor of the W. Harmon Turner Administration Building (Building "F"). 4) Recommendation to approve and authorize County Attorney to advertise an amendment to Ordinance No. 83-25, as amended, to correct the name of the deferred compensation provider to Nationwide Retirement Solutions, Inc. previously known as National Association of Counties (NACo) and previously administered by Public Employees Benefit Services Corporation (PEBSCO), to approve removal of Section 2 of the Ordinance removing the advisory committee, and to include Supervisor of Elections (SOE) under the deferred compensation plans of the Board of County Commissioners. 5) Recommendation to adopt a resolution authorizing the cancellation of 2014 taxes upon a fee-simple interest in land Collier County acquired by Warranty Deed for Conservation Collier and without monetary compensation. 6) Recommendation to approve rankings of firms under Request for Proposal #14-6255R, Architectural, Engineering and Construction Administrative Services for the Orange Tree Sheriff's Substation and direct staff to bring a negotiated contract to the Board for subsequent approval. F. COUNTY MANAGER OPERATIONS 1) Recommendation to accept the fifth annual report on the "Impact Fee Program for Existing Commercial Redevelopment" and approve a resolution extending the Program to July 1, 2015, based on the continuing interest in the Program. Page 16 June 24,2014 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2013-14 Adopted Budget. 3) Recommendation to approve Tourist Development Tax Category `B" funding to support the National FBU Youth Football Championships in December, 2014 up to $125,000 and make a finding that this expenditure promotes tourism. 4) Recommendation to approve Tourist Development Tax Category "B" funding to support the ConnectSPORTS Executive Sports Forum in November, 2014 up to $15,000 and make a finding that this expenditure promotes tourism. 5) Recommendation that the Board authorize the Chairman, as a member of the Southwest Florida Job Training Consortium, to approve the Southwest Florida Workforce Development Board, Inc., proposed FY 2014/2015 budget as provided for in the Workforce Investment Act Second Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. 6) Recommendation to award Bid #14-6272 in the amount of $781,924.59 for the Pelican Bay North Berm Restoration to Quality Enterprises, USA, Inc., and authorize the Chairman to execute the resulting contract and approve all necessary budget amendments. G. AIRPORT AUTHORITY 1) Recommendation to approve the conveyance of two Underground Easements (Business) to Florida Power & Light Company for electrical service at the Marco Island Executive Airport located at 2001-2005 Mainsail Drive, Naples, Florida. 2) Recommendation that the Board of County Commissioners approves and executes a Collier County Airport Authority Standard Form Lease with Fletcher Flying Services, Inc., for a mobile office at the Immokalee Airport. 3) Recommendation that the Board approves and executes a Collier Page 17 June 24, 2014 County Airport Authority Standard Form Lease with Raven Air Marco Island, LLC, d/b/a Island Hoppers at the Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to reappoint three members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. 2) Recommendation to appoint members to the Affordable Housing Advisory Committee. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon on May 15, 2014. The sum of$18 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. Attended the Naples Press Club Luncheon on May 22, 2014. The sum of$25 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To provide the Board of County Commissioners the Clerk of the Circuit Court's Office Audit Report 2014-10 Parks and Recreation Immokalee Sports Complex Follow-Up Cash Review issued on June 18, 2014. 2) To provide the Board of County Commissioners the Clerk of the Circuit Court's Office Audit Report 2014-11 Parks and Recreation Immokalee Community Park Cash Review issued on June 18, 2014. 3) To provide the Board of County Commissioners the Clerk of the Circuit Court's Office Audit Report 2014-12 Parks and Recreation Beach Parking Cash Review issued on June 18, 2014. Page 18 June 24, 2014 4) To provide to the Board of County Commissioners the Clerk of the Circuit Court's Internal Audit Report 2014-9 Job Creation and Job Retention Agreements: Haynes Corporation, issued on June 18, 2014. 5) Request that the Board of County Commissioners approve the use of $25,000 from the Confiscated Trust Funds to support the Collier 211 Campaign. 6) Recommendation to approve a budget amendment recognizing $1,402,500 in revenues and expenditures in the Sheriffs FY2014 General Fund budget. 7) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of June 5, 2014 through June 11, 2014. 8) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of June 12, 2014 through June 18, 2014. 9) Recommendation to authorize the Chairman to sign a letter designating the Southwest Florida Crime Stoppers, Inc., a non-profit agency as the agent for the purpose of applying for and receiving funds from the Crime Stoppers Trust Fund. K. COUNTY ATTORNEY 1) Recommendation to approve a Final Judgment in the amount of $1,200 for Parcels 105TCE and 106TCE, along with statutory attorneys' fees, in the lawsuit styled Collier County, Florida v. Modelyne Jean Gilles, et al., Case No. 14-CA-764 for the Collier Boulevard Expansion Project (Project No. 68056) (Fiscal Impact $1,008). 2) Recommendation to approve three payments of fees and costs claimed by the property owners' attorneys and expert witnesses in connection with the taking of Parcels 116FEE, 116TCE1, 116TCE2, and 116TCE3 in the lawsuit styled Collier County v. RTG, LLC, a Nebraska limited liability company, et al., Case No. 2013-CA-259 (US-41/Collier Boulevard Intersection Improvement Project #60116). Page 19 June 24, 2014 (Fiscal Impact: $571,207). 3) Recommendation to approve a Stipulated Final Judgment in the amount of$3,500 for all costs associated with the taking of Parcel 134TDRE for the construction of Oil Well Road (Project No. 60044) in the case styled Collier County v. Christopher Link, et al., Case No. 07-4218-CA. (Fiscal Impact: $3,570) 4) Recommendation to approve a Stipulated Order of Taking and Final Judgment in the amount of$5,300 for Parcel 156TCE in the lawsuit styled Collier County, Florida v. Robert E. Williams, Tr., et al., Case No. 14-CA-816 for the Collier Boulevard expansion (Project No. 68056). (Fiscal Impact $5,470) 5) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment in the amount of$129,278.63 for the acquisition of Parcel 206DAME in the lawsuit styled Collier County, Florida v. John D. Lawrence, et al., Case No. 11-3207-CA (Outfalls 3 and 4/LASIP Project #51101). (Fiscal Impact: $122,328.63) 6) Recommendation that the Board of County Commissioners approve an after-the-fact filing of a joint Petition with the Florida Association of Counties ("FAC") and other counties to challenge proposed new rules related to the billing and collection of the county cost share for juvenile pre-disposition secured detention. (Potential fiscal impact $3,500) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- Page 20 June 24, 2014 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- PL20140000611, to disclaim, renounce and vacate the County and the Public interest in the 60-foot public road right-of-way as described and recorded in Official Record Book 590, page 1304 of the Public Records of Collier County, Florida, located in Section 15, Township 49 South, Range 25 East, Collier County, Florida. B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20140000073 to vacate the County and public interest in the Stormwater Drainage Easement (Exhibit A-2 only) as recorded in Official Record Book 3188, pages 1727 through 1733 of the public records of Collier County, Florida, located in Section 28, Township 48 South, Range 26 East, Collier County, Florida, being more specifically shown in Exhibit A. C. Recommendation to review and consider approving the 2013 Cycle 2 Growth Management Plan Amendment for transmittal to the Florida Department of Economic Opportunity for Review and Comments response. (Transmittal Hearing) D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2013-14 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383 Page 21 June 24, 2014 June 24, 2014 MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN HENNING: Good morning, ladies and gentlemen. Welcome to the Board of Commissioners' meeting. If you would either turn off your phones or silence them, it will help us in today's proceedings. We're going to start out with the invocation and the Pledge of Allegiance -- followed by the pledge. The invocation will be given by Pastor Scudieri of Faith Lutheran Church. Would you all rise. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE PASTOR SCUDIERI: Solomon wrote in Ecclesiastes 11, Cast your bread upon the waters, for you will find it after many days. Let's pray. Thank you, Lord, for talented people who serve as county commissioners. Thank you for people who have been willing to sacrifices their lives for their country. They lived what your servant Solomon instructed your people, Cast your bread upon the waters; it will return to you. Lord, you've blessed the people in our county with more time, more talent, more treasure than 99 percent of this world. Save us from fearful and selfish instincts that would cause us to hoard those blessings. Save us from simple satisfaction with the way things are that keeps us from using the blessings we have to bring a better life to more people. Save us from complacency and instead enrich us with courage and boldness and love to face the future with optimism and faith in your loving presence and guidance. We ask for that presence and guidance in this place now. Page 2 June 24, 2014 In your name, oh, Lord, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: County Manager, do we have any changes to today's preposed agenda? Item #2A APPROVAL OF TODAY'S REGULAR CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA — APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Yes, sir, we do. Good morning, Mr. Chairman, commission members. These are the proposed agenda changes for the Board of County Commissioners' meeting of June 24, 2014. The first proposed change is to continue Item 11A from the regular agenda and move that item to the July 8, 2014, BCC meeting. That is a proposal to establish an MSTU for the Platt Road improvements, and that continuance is made at Commissioner Nance's request. The next proposed change is to move Item 16A20 from your consent agenda to become Item 11E on your regular agenda. That is a proposed amendment to your Tourist Development Tax Ordinance that would allow for an advanced funding of a renovation project at the Naples Pier, and that item is moved to the regular agenda at Commissioner Henning's request. We have an agenda note this morning, Commissioners, on Item 16C4. The two folio numbers referenced on the change sheet are corrections from two folio numbers published in the agenda that had transposed numbers. These are the correct folio numbers for the record. Page 3 June 24, 2014 Commissioners, I also have a -- an item under notes that I wanted to discuss briefly with the board due to the high level of interest that the board has had in this item. This has to do with the letter that the chairman received and the board members were copied on from Collier Resources Company dated June the 12th. Let me just zoom in here. Excuse me. The area that I've underlined is what I wanted to discuss briefly with the board. This is a matter that I would normally handle administratively, but due to the high level of interest and involvement that the board has had in this subject, I wanted to discuss it briefly. You can see in the letter and in my discussion with Mr. Gable and Mr. Jones, Collier Resource Company has offered to do groundwater monitoring and testing in that area around the well, and they've asked to collaborate with the county staff on the selection of that engineering firm. In speaking with those gentlemen, I think we've come up with a process that hopefully the board will concur, and unless there's an objection, I would like to proceed in that manner, and that is that they would submit a name of five different engineering firms that they believe are qualified to do the modeling and testing. We would take those five firms and evaluate those similar to what we do in any other engineering services contract with our experts on staff and then send the top two firms, at least the ones that we believe are most qualified, based on our review, back to Collier Resources Company, and they could choose either of those firms to do the testing. And then that way we would have some assurance that there's an arm's length transaction there and that we would be able to verify the results of the test and, ultimately, give this board and the community some assurance about the condition of the groundwater in and around that well. CHAIRMAN HENNING: Okay. MR. OCHS: So, again, procedurally, that's how I would Page 4 June 24, 2014 recommend we proceed in response to this offer from CRC, unless the board has some other method that they would prefer me to pursue. So I'm just looking for some endorsement of that approach, if that's agreeable to the board. CHAIRMAN HENNING: Well, I have three commissioners that want to speak and, including Commissioner Nance, four. Starting with Commissioner Hiller, then Commissioner Coyle. COMMISSIONER HILLER: Yeah. Leo, I'm very happy to see that the discussion we had at the last board meeting where the community requested testing and I suggested testing, among other commissioners, to see Collier Resources so responsive is very positive, and I think it's absolutely essential that we be part of the process. I want to make sure I understand. We are not being asked to pay for anything; is that correct? MR. OCHS: No, ma'am. And if you'll see, the last portion of that underlined paragraph is -- COMMISSIONER HILLER: Oh, yeah. I see. The CRC will pay for testing. MR. OCHS: -- CRC will pay for the testing. COMMISSIONER HILLER: Well, I am happy to see that they are engaging us in the process. I endorse the suggestion, the recommendation that you're proposing. I think we should absolutely be involved with who the engineer or the specialist will be who will do that testing. And I would hope that Collier Resources would then come back and give us all the information for our review and for presentation to the public. Now, I would like to take it one step further in addition to that direction, is to say that, quite frankly, at this point I think I would ask the board's support to direct you to go back to Collier Resources and not only to do the testing, but to stop drilling using the technique that Page 5 June 24, 2014 has been used that has raised this issue till Florida's DEP makes a determination that this type of drilling is either safe or not safe as it relates to the public. I don't see any reason to encourage this drilling to continue till FDEP takes a stand and makes a determination as it is required to do in the public's interest. So not only would I like to recommend that you do what you suggest but that in, addition, you take that message back to them. And I would like to see a response back to this board by the July meeting. We have one meeting left, and I would like to -- if they are willing, to see them stop using this technique. They've been drilling out there for decades using conventional drilling techniques. There's no need to engage in this technique at this time ahead of DEP's determination. MR. OCHS: I'd be happy to do that, ma'am, if that's the pleasure of the board. CHAIRMAN HENNING: Okay. Well, we'll see if we get a consensus. Commissioner Coyle, then Commissioner Fiala. COMMISSIONER COYLE: Yeah. I would like to commend the Collier corporations for stepping forward. They have been drilling here safely for over 50 years. And it's this new technique, I think, that has caused us a lot of difficulty. So I appreciate their help. But here's the problem. If you're going to drill a test well, you've got to decide where you're going to drill it and how deep you're going to drill it. You can drill a 100-foot deep test well, and it is going to be inconclusive. The well that has been drilled there is 12,000 feet deep or more. I don't know how deep you have to drill the well to answer all of the questions definitively, but I do know that if you are not aware of the chemicals that have been placed into the current well, you cannot properly test, because each chemical has a specific test Page 6 June 24, 2014 requirement. So those questions have to be answered first. And in order to accomplish this without spending a lot of time and wasting a lot of money, there are wells in the area that have been supposedly plugged that are quite deep. You might explore the possibility of drilling through the plugs in those wells and getting very deep very quickly and taking samples from those. And that way you'd get it done more quickly. You'd get a deeper sample. You could sample at various depths, of course, in those deeper wells. So before we agree to go ahead with a test, let's make sure we're going to have test results that are definitive; otherwise, we'll produce them, and the public will find fault with them, and we'll have to do it again. And we don't want to keep doing this. MR. OCHS: No. COMMISSIONER COYLE: So if you -- my problem really is with the Dan A. Hughes Company. And I agree with Commissioner Hiller. They should not only be stopped from drilling; they should be stopped from doing business in Collier County. And if we have the capability to do that, I think we should do it. I think they are -- they're bad for the Collier companies, they're bad for us, and they're not appreciated by the public. Any time you start a business relationship with someone who lies to you upfront. It's not going to turn out well, and it's never going to turn out well, because people who do that will continue do it when they drill other wells. So I strongly support Commissioner Hiller's recommendation that those people just not be allowed to drill in Collier County, end of story. So there it is. MR. OCHS: Thank you, sir. COMMISSIONER COYLE: I support the thrust of your proposal, but we need to make sure we've got a good plan that's going Page 7 June 24, 2014 to answer all the questions. MR. OCHS: Yes, sir, and that's part of the modeling that goes along with the testing itself that -- when we model it, we'll make sure that we get to the proper depths, as you suggested. COMMISSIONER COYLE: Okay. Well, you understand you have to get the list of chemicals that Dan A. Hughes drilling company is using. They so far have said those are trade secrets. There are no trade secrets when it comes to health, safety, and welfare of the people of Collier County. MR. OCHS: Yes, sir. COMMISSIONER COYLE: And I'm not going to accept that excuse. MR. OCHS: Yes, sir, and neither has the chair. I know he's had some discussions with the secretary about that very thing. I'm sure he'll elaborate on it. COMMISSIONER COYLE: Okay, good. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. Rather than belabor it, I do agree with everything that's been said. And if, per chance, the county staff has a company that they would like to also offer as another company to be a groundwater expert, I'm sure that the Collier Resources Company would be happy to receive that. I'm so happy that they take this step forward. Thank you. MR. OCHS: Thank you. CHAIRMAN HENNING: So, Commissioner Fiala, you're in agreement with Commissioner Hiller's addition to the request? COMMISSIONER FIALA: And Commissioner Coyle's. CHAIRMAN HENNING: Well, actually, it was two different things. So we need to get a consensus of-- Commissioner Coyle wants them, Dan A. Hughes, to stop drilling in Collier County, which I think is impossible as private property rights. It's a contract between two private entities. I think what Page 8 June 24, 2014 Commissioner -- well, I understand what Commissioner Hiller is saying is request the Collier Resources to talk to the person doing the well drilling and request them or demand, whatever, not to do any alternative drilling techniques such as fracking and/or putting chemicals down the well under high pressure -- COMMISSIONER HILLER: Yes. CHAIRMAN HENNING: -- to disperse more oil. COMMISSIONER FIALA: Yes, of course I agree with that. Then Commissioner Coyle also said that he wants to know the list of chemicals that have been used that have so far been hidden from our viewing. CHAIRMAN HENNING: And that request was delivered to DEP via myself and the county manager. COMMISSIONER FIALA: That's good. And we just need to put it on the record right here. CHAIRMAN HENNING: Yeah. I think there's a lot of information that was given to us as of late last night. Commissioner Nance? COMMISSIONER NANCE: Yes. I fully endorse working with Collier Resources to identify experts on water -- on groundwater and suitable pollution-related testing. I will say that I also actually endorse working with Collier Resources to establish a group of experts on oil exploration and extraction going forward. I think it's something that the county is going to absolutely need so that the public can be assured that we have the best and the brightest people working on this issue. There's always some contention when people -- when firms and engineering firms and consultants are brought up that have done, in the past, work in that industry. Well, from my view, I think those experts are exactly the people that we're going to require to have available, the very best in the world, to determine what's going on here. Page 9 June 24, 2014 So I'm not so worried about who those people are as long as they pass muster with some review. And I fully endorse going through our regularly established process to give the public some comfort that we're selecting some people at arm's length together with the property owner. Regarding what Collier Resources would like to do and their contractual arrangements, I would -- I commend them for stepping up and taking the lead on this issue. Certainly no one has more at stake financially, certainly, than they do. And, you know, the name of their -- this county is linked to their family, so I'm certain that they do have concerns, and they have expressed them to me personally. So I would certainly endorse whatever action they feel is appropriate and they would like to take. They are the ones that have contractually engaged with this consultant, and it's apparent to me that DEP is not going to be forthcoming with information. So I commend Collier Resources. So I can endorse any discussion that you would like to have with them, and I look forward to seeing what -- you know, what they're willing to do at this point to take the lead on the item, sir. MR. OCHS: Thank you. CHAIRMAN HENNING: Commissioner Nance, are you endorsing Commissioner Hiller's suggestion that we request Collier Resources to go to Dan A. Hughes to stop the alternative methods of drilling? COMMISSIONER NANCE: I think we should ask them to look into that. I don't know, you know, what their business contractual relationship is. Whatever they can do to help us and to stabilize this situation till we can get our relationship with DEP, absolutely, I will endorse that, but I don't want to ask them to do something that they contractually can't do. So, you know, I'm sure, they -- they're clearly indicating here that they're taking the lead. So, in principle, yes, whatever they can do, I Page 10 June 24, 2014 would certainly appreciate. CHAIRMAN HENNING: So we have a majority to support the county manager's bringing forward of working with Collier Resources to identify the appropriate professionals to do groundwater testing or aquifer testing, and also you have a majority to request of Collier Resources, the Collier families, to ask the driller to refrain/stop any alternative methods/means of extracting more oil out there -- it doesn't include horizontal. It includes, but not limited to, putting chemicals down the well to disperse the layers under there to exact (sic) more oil until it is proven that it is safe for the citizens of Collier County and its resources. COMMISSIONER HILLER By DEP. It's their responsibility. CHAIRMAN HENNING: Yeah, absolutely it's their responsibility. COMMISSIONER FIALA: And what about the list of chemicals? CHAIRMAN HENNING: The list of chemicals is being addressed by DEP, and that request was sent. I sent also another letter asking them to respond to our request. There was several requests; not only the chemicals, but there was a whole myriad of things including tell us what those footnotes meet on the -- mean on the sealing of those two older wells, Well 98 and 103, or something like that. But there's a whole bunch of things, and the county manager and his staff of experts in the area requested this information. So we're waiting for that. We'll pass it on to the commissioners. COMMISSIONER NANCE: Mr. Chairman, I would also make one -- make one other request of the board, and that is to consider that going forward that -- it seems that this issue is going to continue to be of interest to the public and of interest to the county and of primary importance. I would ask the board to consider having a recurring agenda item as an update and report in our agenda so that people are aware of Page 11 June 24, 2014 when these issues are going to be discussed. You know, we've discussed them under public comment; we've discussed them under commissioners' comments; we've discussed them all over the board here. And I feel like we're not able to give the public full information about what has occurred over time because of this, and it's unknown by them from meeting to meeting when these things are going to be discussed. And, frankly, I would like to be able to make sure that they receive all the information and some of these disjunct communications that we have so they can understand exactly what the board is doing in their behalf and how, frankly, we're being treated by the agencies of record. So I would feel very comfortable about having something that we can regularly count on, and that way people can attend the meetings in an organized way and give and receive feedback. CHAIRMAN HENNING: In an organized way? COMMISSIONER NANCE: Well, as organized as we're capable of doing, sir, at this moment, which is not too, huh? CHAIRMAN HENNING: Commissioner Hiller, then Commissioner Coyle. COMMISSIONER HILLER: Yeah. I don't disagree that we have to have a formal process for bringing the information forward, but it shouldn't be a standing recurring item, because if there is no information, people shouldn't have to come to the meetings to hear nothing has changed. But what I would request is that the county manager, in conjunction with the chair, every time that there is something material to report, place it on the agenda as an agenda item to inform; not necessarily for us to vote on, but to inform the board and the public. And I think that would take care of your concerns, which I think everybody shares. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Mr. Chairman, you use the term Page 12 June 24, 2014 that the DEP is addressing the chemical issue. They can address that in a couple of different ways. One way for them to address it is to send us a letter saying that they have reviewed the list of chemicals and they are not harmful. The other way to address it is for them to give us the list of chemicals that are being used. And, of course, that is the method I prefer. And as you continue to work with them, I would ask that we clearly define that issue. We want the list of chemicals that are being used for the drilling operation. And that is a very simple request. They supposedly required that list from the driller, and I think we should have it, and the public should be aware of what it is. CHAIRMAN HENNING: Yeah. And let me provide the commissioners with the letter that was sent over to DEP of the requested information and talk about it during communication, if need be, because we definitely want to get this one right for the future of Collier County. It's very important. It's a lack of knowledge, and there's a lack of communication. DEP and, quite frankly, Collier Resources has stepped up to the plate and said, well, we're going to communicate more to the public and the Board of Commissioners. In fact, one -- after this challenge is done, DEP's going to come to a Board of Commissioners meeting and do a presentation to the board, and we're going to try to see if we can get some comfort level on the oversight of the agency and exactly what is being done by this company. So with that, County Attorney, do you have any changes to today's agenda? MR. KLATZKOW: No, sir. MR. OCHS: Mr. Chairman, excuse me. Thank you for that guidance. I do want to mention a couple of time-certains that you have. Page 13 June 24, 2014 CHAIRMAN HENNING: Okay. MR. OCHS: Item 14B1 will be heard at 10:40 a.m. this morning right after the reporter break. Item 11B, as indicated on your index, is a companion item to 9D, and that will be heard immediately following 9D. And then, finally, not on your change sheet, sir, but speaking of your advertised public hearings this afternoon, it might be useful in the interest of time -- and if any commissioners do have to leave earlier today -- to hear some of your public hearing items in a certain order. I would suggest we hear Item 9B at 1 :30. That's the Pine Ridge West item, followed by your LDC amendments at 9A, then 8A, 9D, and, finally, 9C if the board is comfortable with that order of hearing. COMMISSIONER HILLER: Could you repeat that order; 9B, 9A? MR. OCHS: 9B, 9A, then we would go to 8A, 9D, and then finally 9C. And that would all begin at 1 :30 with 9B. CHAIRMAN HENNING: Okay. MR. OCHS: Thank you, sir. That's all the changes I have this morning. CHAIRMAN HENNING: Commissioner Coyle, do you have any further changes or ex parte communication on today's consent or summary? COMMISSIONER COYLE: I have no changes to the agenda, and I have no ex parte disclosure for the consent or summary agenda. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Same with me; no changes, no corrections, no ex parte on either consent or summary agendas. CHAIRMAN HENNING: Ditto. Commissioner Hiller? COMMISSIONER HILLER: I have no changes, but I have quite a bit of communications. On 8A I've had calls. On 9B I've had meetings, correspondence, emails, and calls. On 9D I've had meetings. On 11B I've had Page 14 June 24, 2014 meetings, and then no disclosures on the balance. And if I may, Commissioner Henning, could I share my communications now. Because I will not be here for communications? It will be very brief. CHAIRMAN HENNING: Sure. Yeah. COMMISSIONER HILLER: First of all, we have a new business in town that just opened up, and it's very cool. And, Donna, I brought this for you. It's called the Air Bar. And I brought one for Crystal. If you'd pass that down to Crystal. And, Len, I have one for you. I have it right here. And I have one for Mary Jo, Leo. MR. O CH S: Oh, thank you. CHAIRMAN HENNING: And then I have a whole bunch more for all the other aides in the commission's office. And, essentially, the Air Bar is an incredible concept, and what they do -- and, men, you are not going to be interested at all. I'm just going to say that right upfront. COMMISSIONER NANCE: Particularly people that don't have hair. COMMISSIONER HILLER: Exactly. I'm just -- oh, Skip. This is definitely not for you. I just -- turn all cameras on Skip, okay. Not for you. Unless you want extensions and maybe a keratin treatment. So it is an incredible concept, and they're in North Naples by Tide Cleaners. And what they do is they blow your hair out, and it's very cool. So it's like you can look like, you know, you're made up for the prom without having to have everything else done. So, great concept. And what I like about this company is -- do you remember the wounded veteran, Mr. Hernandez, who we helped, you know, get that house built for in North Naples? Well, they hired his wife. Isn't that a great story? So she's working there. So the next thing I want to say is we broke the Guinness world of Page 15 June 24, 2014 -- world records by having the biggest swimming class ever, and that was held at North Naples Collier Park. And our parks and recs. department did an absolutely incredible job. Steve, kudos to you and your whole team. It was, like, amazing. Commissioner Fiala and I were there. And there were how many kids? MR. CARNELL: Fourteen hundred. COMMISSIONER HILLER: Fourteen hundred kids in the North Collier pools all at the same time all taking a swimming lesson at the same time on camera for the entire world to see. So anyone who says that Collier County doesn't have kids or isn't kid friendly is, like, extremely wrong. It was an incredible event. And, lastly, on Sunday I had the honor of making the opening remarks to a very large group of athletes -- and, actually, Skip was there with me -- hosting the first ever Thunderdome CrossFit competition, and it was amazing to see these people. I mean, these are the new decathletes. I mean, these people were so fit and so strong and so impressive. And it was sponsored by a company started by two Barron Collier graduates called Fit Nation. And they're taking off by storm. They're working with our sports marketing department, and I hope they will maybe be considered as one of the first companies to be housed in our incubator. And that's it for my comments. CHAIRMAN HENNING: Thank you. Commissioner Nance, do you have any ex parte on today's consent or summary or any further changes? COMMISSIONER NANCE: No furthers changes, Mr. Chairman, and no ex parte on today's summary or consent agenda. CHAIRMAN HENNING: I'll entertain a motion to approve today's agenda as amended. COMMISSIONER HILLER: Motion to approve. Page 16 June 24, 2014 COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Fiala. All those in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Page 17 Proposed Agenda Changes Board of County Commissioners Meeting June 24,2014 Continue Item 11A to the July 8,2014 BCC Meeting: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County$10,500 for emergency roadway improvements made to Platt Road. (Commissioner Nance's request) Move Item 16A20 to Item 11E: Recommendation to approve a proposed amendment to the Tourist Development Tax Ordinance No. 92-60,as amended,that would authorize the reallocation of funds between Tourist Development Tax categories with a supermajority vote of the Board and direct the County Attorney to advertise ordinance changes to be approved by the Board at a future meeting; to allow TDC grant funds previously awarded to the City of Naples to "carry forward" for expenditure in FY2015 for a major renovation of the City of Naples Pier; and to make a finding that this item promotes tourism. (Commissioner Henning's request) Note: Item 16C4: Folio Number on the Purchase and Sales Agreement should read: Project: Basin 101 Wastewater System Rehabilitation Vanderbilt Beach/Naples. Folios: 62427800009& 62427840001 Time Certain Items: Item 14B1 to be heard at 10:40 a.m. Item 11B to be heard immediately following Item 9D 6/24/2014 8 630 AM June 24, 2014 Item #2B MINUTES FROM THE MAY 27, 2014 BCC REGULAR MEETING — APPROVED AS PRESENTED CHAIRMAN HENNING: 2B is to approve the May 27, 2014, regular meeting. COMMISSIONER HILLER: Motion to approve. COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Motion by Commissioner Hiller to approve, seconded by Commissioner Nance. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #3A SERVICE AWARDS — 20 YEAR ATTENDEES — PRESENTED MR. OCHS: Commissioners, that takes us to service awards. We have several this morning. If you'd be kind enough to join us in front of the dais. Commissioners, we have four employees this morning celebrating 20 years of service with county government. Our first awardee, 20 years of service with utilities finance, Pam Callis. Pam? Page 18 June 24, 2014 (Applause.) MR. OCHS: Celebrating 20 years of service with information technology, John Daly. John? (Applause.) MR. OCHS: Celebrating 20 years of service with utility billing and customer service, Liz Froloff. Lis? (Applause.) MR. OCHS: And celebrating 20 years of service with the library system, Denise McMahon. Denise? (Applause.) Item #3B SERVICE AWARDS — 25 YEAR ATTENDEES — PRESENTED MR. OCHS: Commissioners, we're pleased to recognize three of our colleagues this morning celebrating 25 years of service with the agency, beginning with Emmanuel Augustin, 25 years with road maintenance. Emmanuel? (Applause.) MR. OCHS: Celebrating 25 years of service with the water laboratory, Russell Greer. Russell? (Applause.) MR. OCHS: And celebrating 25 years with engineering and project review, John Houldsworth. John? (Applause.) CHAIRMAN HENNING: You've been getting your money's worth lately. You've been very busy. John does all the plats, reviews all the plats in Collier County; has been for years. MR. HOULDSWORTH: A lot of items lately. (Applause.) Page 19 June 24, 2014 MR. OCHS: Commissioners, that concludes our service awards this morning. Thank you. Mr. Chairman, that takes us to Item 4 on your agenda this morning; proclamations. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS — ADOPTED Item #4A PROCLAMATION DESIGNATING COLLIER COUNTY AS A PURPLE HEART COUNTY AND DESIGNATING AUGUST 7TH OF EACH YEAR AS PURPLE HEART DAY. ACCEPTED BY JACK WAGNER COMMANDER OF THE LOCAL CHAPTER OF THE MILITARY ORDER OF THE PURPLE HEART — ADOPTED MR. OCHS: Item 4A is a proclamation designating Collier County as a Purple Heart County and designating August 7th of each year as Purple Heart Day. To be accepted by Jack Wagner, commander of the local chapter of the Military Order of the Purple Heart. This item is sponsored by the entire Board of Commissioners. Mr. Wagner, if you'd please step forward and receive your proclamation. (Applause.) COMMISSIONER FIALA: Thank you for all your service. COMMANDER WAGNER: And could I -- while I'm up here, could I bring up Mr. Don Tallan, a Purple Heart recipient from World War II, also a prisoner of war. (Applause.) MR. OCHS: Yes, sir. Page 20 June 24, 2014 COMMANDER WAGNER: And, Geno, also a Purple Heart recipient. (Applause.) COMMANDER WAGNER: As you can see, we represent in Southwest Florida not only the World War II veterans, not only the Korean War veterans and Vietnam veterans, but also our war on terrorism veterans. So I'm very proud to be a part with these guys. This is fantastic. And we do a lot for our Purple Heart recipients and our combat wounded veterans. All of us being combat wounded veterans, we know what it's like. So -- and we thank you so much for this proclamation. It's very special. Thank you. MR. OCHS: Thank you, sir. COMMANDER WAGNER: Thank you. Thank you all so much. MR. OCHS: It's a great honor to have you here, gentlemen. Thank you. Item #4B PROCLAMATION DESIGNATING JULY 1, 2014 AS FLORIDA SOUTHWESTERN STATE COLLEGE DAY IN COLLIER COUNTY ACCEPTED BY DR. ROBERT JONES, COLLIER CAMPUS PRESIDENT — ADOPTED MR. OCHS: Mr. Chairman, Item 4B is a proclamation designating July 1, 2014, as Florida SouthWestern State College Day in Collier County. To be accepted by Dr. Robert Jones, Collier campus president. And this item is sponsored by Commissioner Henning. Page 21 June 24, 2014 Dr. Jones, good morning. (Applause.) DR. JONES: I'm joined by Byron Donalds. MR. OCHS: Hold on, gentlemen. We've got another photo. Congratulations, do you want to say a few words? DR. JONES: Sure. Mr. Chairman, Commissioners, I just want to say thank you on behalf of the former Edison State College and the new Florida SouthWestern State College. This is still your college, and we hope to have even more impact on Collier County and on the region with our new name. And, again, thank you for this resolution. Thank you. (Applause.) COMMISSIONER FIALA: Could I ask him a question? CHAIRMAN HENNING: Sure. Commissioner Fiala has a question for you. COMMISSIONER FIALA: Just a simple question. DR. JONES: Yes. COMMISSIONER FIALA: I've written to a couple guys over there, but I haven't received an answer yet. Our library is located right down the street from the Collier campus. We were wondering, when you put up your new sign with your new name, if you could include that down that same street is the South Regional Library. DR. JONES: We would love to look into that. COMMISSIONER FIALA: Good. Might as well get it in when you can, right? DR. JONES: Our beautiful library is truly underrepresented, and we've talked about that. I'm going to give you my card just so we make sure we follow up. COMMISSIONER FIALA: Okay, good. Thank you very much. DR. JONES: You're the first person to get my new card. Page 22 June 24, 2014 COMMISSIONER HILLER: If I could -- COMMISSIONER FIALA: Okay, thank you. CHAIRMAN HENNING: Oh, Commissioner Hiller has a question or comment. COMMISSIONER HILLER: First of all, I'd like to congratulate Byron Donalds for being appointed to your board. Hi, Byron. Congratulations. (Applause.) COMMISSIONER HILLER: Absolutely. And, secondly, I'd like to, again, commend you on the name change. I had the honor of being up at -- in Tallahassee and in the legislature when the vote was taken. And as far as I remember, I believe it was unanimous. So I can't remember absolutely, but I think just about everybody thought it was a great idea, and I think you're going to have tremendous success going forward with that name. To that end, I think it's very important that everybody understands what a significant contribution you make to our community in terms of preparing our youth for our local workforce. And one of the things that we care about here in Collier County is that people who are educated at the higher educational institutions in the region find employment in the region. One of the things I've asked the county manager is if he would help me organize a meeting between the leadership of the various higher educational institutions here so that we can make sure everybody in our community understands what you are doing towards building our local workforce and how wonderful the students are who are graduating from your institution and how our local employers should be hiring your students, because there are tremendous job opportunities here in Collier County for them. They don't need to go to New York. They don't need to go to Los Angeles. They can stay right here and make a lot of money at Page 23 June 24, 2014 really great companies and have an incredible quality of life and bring up their families here. So to that end, I would hope you would participate and help us get the message out, because the Naples Daily News doesn't seem to understand how great you and the other higher educational institutions are and what you are doing for our local business community. So I'm going to help them make -- you know, get that understanding in their -- DR. JONES: Wonderful. COMMISSIONER HILLER: -- editorial brains. DR. JONES: Wonderful. Thank you, Commissioners. And I would be delighted to be part of that meeting and take a leadership role with our colleagues at FGCU, Hodges, and others; all join in wanting to support all the efforts you just outlined. COMMISSIONER HILLER: That's great. And, you know, with new members on your board like Byron, I can only imagine that you're going to do even more great things beyond what you've already done for the community. So I thank you for everything. DR. JONES: Thank you. CHAIRMAN HENNING: Thank you. Next proclamation. Item #4C PROCLAMATION DESIGNATING JULY 2014 AS BLADDER CANCER AWARENESS MONTH ACCEPTED BY CARLA L. DEAN, PRESIDENT OF BLADDER CANCER FOUNDATION OF FLORIDA, INC. - ADOPTED (BARBARA BERRY ACCEPTED ON BEHALF OF CARLA DEAN) MR. OCHS: Item 4C is a proclamation designating July 2014 as Bladder Cancer Awareness Month. To be accepted by Carla Dean, Page 24 June 24, 2014 president of Bladder Cancer Foundation of Florida, Incorporated. And this item is sponsored by Commissioner Henning. CHAIRMAN HENNING: Carla couldn't make it. Barbara Berry will accept the proclamation in her place. MR. OCHS: Thank you, sir. (Applause.) CHAIRMAN HENNING: Would you all rise? Well, let's get a picture first. It's been too long. (Applause.) MS. BERRY: Chairman Henning and Commissioners, it's a pleasure for me to be here today, not necessarily to stand in for Carla, but to accept this proclamation on behalf of the Bladder Cancer Foundation of Florida. You are in good company, because the proclamation was passed by the Florida Legislature for a third year in row declaring that July 2014 or all years in July will be Bladder Cancer Month. Bladder Cancer is an insidious disease, and it is not exclusive to certain groups; however, they have found that people who handle chemicals and are smokers seem to be those who tend to get cancer of the bladder. And they have recently found that Vietnam veterans who were exposed to Agent Orange, they're seeing more bladder cancer in those veterans. So it's one of those things, there has not been a lot of awareness. It is the fourth most talked about cancer now in people. And the funding is certainly not what it should be, but they are doing more and more in this -- for this type of cancer. And it's through organizations such as the Bladder Cancer Foundation that is bringing awareness to the public more and more about this. Some of you, I know, know Jim Dean. Jim Dean was diagnosed with bladder cancer in 2010. Jim was a Vietnam vet who had the Page 25 June 24, 2014 misfortune of being immersed in Agent Orange in Vietnam, and he was diagnosed. By all measures, Jim shouldn't probably be here today but through -- thank you, God, and modern medicine and doctors, Jim, as of this last week, was cancer free. COMMISSIONER HILLER: That's wonderful. MS. BERRY: So this is certainly something that you're going to probably, unfortunately, hear more and more about. So hopefully we'll hear more and more good stories coming out about -- of this by raising awareness, and certainly early detection is important as well. So on behalf of Jim and Carla and the Bladder Cancer Foundation of Florida, I want to thank all of you, particularly Commissioner Coyle, for bringing this proclamation forward. Thank you so much. COMMISSIONER COYLE: Thank you. (Applause.) CHAIRMAN HENNING: Commissioner Hiller -- next? Item #4D PROCLAMATION RECOGNIZING MARCO ISLAND RESTAURANTS BISTRO SOLEIL AND PETIT SOLEIL FOR EARNING THE WASTE REDUCTION AWARDS PROGRAM AWARD ACCEPTED BY BISTRO SOLEIL AND PETIT SOLEIL OWNER LISA MEURGUE — ADOPTED MR. OCHS: Item 4D is a proclamation recognizing Marco Island restaurants Bistro Soleil and Petit Soleil for earning the Waste Reduction Awards Program award. To be accepted by Bistro Soleil and Petit Soleil owner, Lisa Meurgue. And this item is sponsored by Commissioner Fiala. Thank you. COMMISSIONER FIALA: Congratulations. Page 26 June 24, 2014 MS. SOLEIL: Thank you very much. COMMISSIONER COYLE: Thank you very much. CHAIRMAN HENNING: Okay. Entertain a motion to accept today's proclamations. COMMISSIONER NANCE: So moved. COMMISSIONER HILLER: Second. CHAIRMAN HENNING: Motion by Commissioner Nance, second by Commissioner Hiller. All in favor? COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. OCHS: Commissioners, that takes us to Item 5, presentations. Item #5A RECOGNIZING JOHN HOULDSWORTH, SENIOR SITE PLANS REVIEWER, ENGINEERING SERVICES DEPARTMENT AS THE EMPLOYEE OF THE MONTH FOR MAY 2014 — PRESENTED MR. OCHS: Item 5A is a recommendation to recognize John Houldsworth, senior site plan reviewer from our engineering service department, as the Employee of the Month for May 2014. John, if you'd please step forward. (Applause.) Page 27 June 24, 2014 CHAIRMAN HENNING: Yeah, a little appreciation for your service, obviously. A little check for your wife. I don't have any candy or gift certificates or anything like that. COMMISSIONER FIALA: That's great. MR. OCHS: John, stand right there while I tell the board a little bit more about you. Commissioners, as you know from earlier this morning, John's been a member of our organization for 25 years, and his primary responsibilities as a senior site plan reviewer is to review all applications which subdivide land in Collier County. And John always exhibits exemplary customer service and has led by example all these 25 years. In fact, when the growth management division established several new policies and procedures designed to reduce plan review times, John took an early lead role in that process and, through his efforts, generated an overall reduction in plan review times for his entire team. He's been instrumental in various updates to our Land Development Code and in creating the administrative code for land development, which took well over a year to develop, and we used many of his suggestions, which the board ultimately adopted. His dedication to the county is obvious in his daily work, his years of experience, and his tremendous can-do attitude, and his continuous efforts to improve efficiency and effectiveness in his department make him truly deserving of this award. And it's been a pleasure to work with John all these years. And, Commissioners, it's my honor to present to you John Houldsworth as your Employee of the Month for May 2014. Congratulations, John. (Applause.) Item #5B Page 28 June 24, 2014 REGIONAL OVERVIEW PRESENTATION BY MARGARET WUERSTLE, EXECUTIVE DIRECTOR, SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL — PRESENTED MR. OCHS: Mr. Chairman, Item 5B is a regional overview presentation by Margaret Wuerstle, the executive director of the Southwest Florida Regional Planning Council. And this item was brought to the agenda by Commissioner Hiller in conjunction with Ms. Wuerstle, and we're glad to have her here this morning. Margaret? CHAIRMAN HENNING: Good morning, Margaret. Before you start, Commissioner Hiller would like to say a few words. COMMISSIONER HILLER: To begin, Margaret, I want to thank you so much for taking the time to come here and present to the board. I had the honor of hearing Margaret's presentation when the French delegation was here, and she was explaining to the various French companies what the Regional Planning Council does for the region and how it assists with economic development. And it became very clear to me when I saw this presentation that's going to be put before you today that I think a lot of people in our community do not understand what the Regional Planning Council does. And so I thought it would be nice if Margaret presented and explained what her organization is doing. MS. WUERSTLE: Thank you. Good morning, Commissioners, and thank you for this opportunity to provide you with this update. I think for those of us who work in the field of planning, we have a general idea what the Regional Planning Councils do but, for the most part, people are uncertain. And I don't even think my own board of commissioners or council people understand the breadth of the Page 29 June 24, 2014 projects that we are working on and how we have been evolving. So I welcome this opportunity to update you. I need to advance. This is our formal mission. But when people ask me, what is it that the RPC does, I say we support and we improve the quality of life for everybody in the Southwest Florida region. It's a short tagline that helped them understand some of the programs that we're working on. I think I'm doing this. Okay. So we still have our regulatory responsibilities that we must do that include the regional planning and the growth management, and that's probably what we're known for mostly, but we also have regulatory responsibilities to do emergency management planning, and we do that. On the screen there's a list of our, what I'll call, divisions, for lack of another term. But it's regional planning, emergency management, natural resources. We do a lot of programs with the environment. As a matter of fact, we're just completing a project now for Collier County on the economic value of your conservation programs. Jim Beaver is completing the study and will be submitting it shortly. Of course, we do our information services with GIS and economic development, which I'm going to get into a little more in the presentation, but transportation planning also. Even though we don't have the MPO with the RPC anymore, we still do Transportation Disadvantaged in Hendry and Glades County. We are in the process -- this week it will be completed -- a regional study on veterans' transportation issues in the six-county region. We've also just submitted a TIGER Grant to implement some of the recommendations from that veterans' study. So we're doing a lot more to address the quality of life and economic development in the region. This is just a brief overview of some of the programs that we're working on. A lot of them have been around for years. But if you Page 30 June 24, 2014 look at the block that's titled "Projects, grants, technical assistance," that's the area that is changing on a yearly basis. These are some of the programs we have been working on in the last year. But what isn't on there are the programs for broadband that we just completed or a strategy for the Hendry County Educational Task Force or the business alliance plan -- business plan that we completed for the newly created Regional Economic Development Agency. When I submitted my last year's budget and work plan, I had explained to the -- my council that we were going to focus on economic development and quality of life. Specifically, there were four areas that I wanted to focus on, and one was our creative economy, and that is promoting the arts and culture as an economic driver in this region. It contributes millions of dollars to government revenues and other revenues. And I feel that we need to do more to promote it. So we just completed the pilot project for Lee County through a grant through the Southwest Florida Community Foundation where we mapped all of the public assets in the county and developed a field guide and then an ap. So you can go to the website and you can look at all the public art in Lee County. We have a much bigger project pending now for the six-county region to map all of the public art assets throughout there and then even expand the ap more so you'll be able to sort by a driving tour or a walking tour of whatever medium you want, whether it's sculptures or murals or whatever. We've submitted a number -- the second category was agricultural sustainability, and we have submitted a number of grants and projects in this category. Farm to schools -- we partnered with the school district in Collier County, Hendry County, Lee County, and Charlotte County to submit this application, and we're still waiting to hear. Page 31 June 24, 2014 We've done a lot of work on food deserts and finding for a mobile vegetable market so we can get healthy food to some of the food deserts in the six-county region. The third category was manufacturing competitiveness. And we did submit a designation to the federal government. It wasn't a grant application. It was strictly for a designation for an I-75 medical manufacturing corridor from Tampa to Miami. We weren't successful in receiving that designation, but we now have the strategy written so that we can improve it and apply for the designation in the next round, which we will be doing and then, of course, brownfields we have been working on, identifying them and finding funding to clean them up and get them back into productive use. What I do want to point out -- and this is something that not a lot of people are aware of-- is that the Regional Planning Council is a federal economic development district. All of the RPCs -- and there are 11 in the state -- are this federal economic development district. And as such, we have to write a comprehensive economic development strategy, or a CEDS, for the region. Every year it's updated, and every five years we do a major overhaul. And in 2012 we did the major overhaul, and we focused on making it consistent with the six pillars in the state economic development plan. So as we're implementing our projects, we're also helping the state achieve their goals. And why is this important? Well, I know this is difficult to see, but these are just some of the projects that have either been completed or are ongoing. And in the last 10 years we have had $110 million in public and private investments because of the CEDS vital projects. And we are changing the way we compete. I know we all think of agriculture construction as that three-legged stool, but we're looking at how can we expand this and diversify the economy. One of the tools that we have created in conjunction with the Page 32 June 24, 2014 other 10 RPCs -- the umbrella organization for all 11 RPCs is called FRCA, or the Florida Regional Council Association. So FRCA, together with the Florida Chamber Foundation, created this scorecard. And if you go to FloridaRPCscorecard.com, this will come up. These are not interactive. I have screen shots so I can show you examples. But if you don't include the RPC, you're going to come up to a different scorecard, so you want Florida RPC scorecard. And if you go here, you can either select information based on the region on the Regional Planning Council or on the six pillars. So, for instance, this is one of the pillars. It's business climate and competitiveness, and this shows you the stats for the six-county region, Southwest Florida. You can get that for any region in the state from this website. You can see what it includes; employment by industry and average on employment rate, a number of information that is interested to site selectors. Under civics and government systems, these are some of the -- this is some of the information you'll find on millage rates and voter participation and nonprofits in the region. We work with FRCA monthly to update information to make sure it's relevant. This, of course -- this screen shot is for Florida, not for the six-county. We don't have 19 million -- a population of 19 million. Ours is about 1 .6 million. But you can look at -- use this website in different ways to look at information that you're interested in getting. I would like to show you -- so I just want to give you a sample of that so that you're -- you can go to it later on and take a look at it. So these are all the different pillars and the information for our region there. What I'd like to show you is -- hopefully this will work. It is -- probably says much more articulately than I have -- what we have Page 33 June 24, 2014 done in the past year and some of our accomplishments. So do I rely -- click on it. MR. MILLER: You just -- we'll see. (DVD was played as follows:) "The mission of the Southwest Florida Regional Planning Council is to work together across neighboring communities to consistently protect" -- (Two voices being heard simultaneously.) "Internally, improvements to our operations and financial management have improved transparency and efficiency, providing a true picture of actual costs. "We are very proud to say that all projects for the fiscal year were completed on time and within budget. "Now let's take a look at some of the accomplishments in the individual planning areas. "We'll begin with regional planning. Over 40 reviews on Comprehensive Plan amendments and developments of regional impacts have been presented to the council for approval this year. The planning council partners with local agencies and governments on projects and grant submissions. "This past year, 70 grants were submitted and 15 were awarded, totaling $378,633. This added an additional $217,000 of revenue to the 2012/2013 budget. Consequently, the 2013 fiscal year ended with a balance of over $100,000. Page 34 June 24, 2014 "The Regional Planning Council was the lead agency for the Southwest Florida Brownfields Coalition in the submission of a Brownfields grant. In March the RPC partnered with the Florida Department of Environmental Protection to conduct the first annual Southwest Florida Brownfield Symposium with over 100 individuals attending the event. "We also provided technical assistance on important community projects such as the City of Bonita Springs' Homeless Shelter Ordinance, and two farm-to-school grants were submitted for the Hendry, Glades, Lee, and Collier County school districts. "A major emphasis for transportation planning has been providing services to the Transportation Disadvantaged. This past year over 21,000 one-way trips were provided in both Glades and Hendry Counties. Municipal partnerships expanded this year to include Lee Tran on a veterans assistance grant. The RPC's role was to determine transportation barriers for veterans and their families through nontraditional outreach. "The Southwest Florida Regional Planning Council is a source of low-cost, high-quality emergency management and preparedness planning and training expertise. This past year, the emergency management team created a series of storm-tie directional atlases based on storm strength and direction. This Page 35 June 24, 2014 valuable new tool creates a more accurate forecast of potential storm surge helping to reduce the number of areas that may need to be evacuated. "The RPC has a very active local emergency planning committee for hazardous materials. Four training and exercise planning workshops were held this year, along with three chemical suicide workshops, two emergency planning and community right-to-know workshops, and a Florida interoperable communication workshop. Fifty-five site visits for hazardous wastes were conducted. "The RPC's Natural Resources Program area had a very successful year as well, particularly with the Charlotte Harbor National Estuary Program and the Estero Bay Agency on bay management. The CHNEP, along with the two other Florida Gulf Coast National Estuary Programs adopted the Southwest Florida Regional Ecosystem Restoration Plan with a vision-and-priorities budget. "In addition, an Oyster Habitat Restoration Plan was completed, and the CHNEP updated its Comprehensive Conservation and Management Plan. The CHNEP also convened stakeholders this year to provide the U.S. Corps of Engineers recommendations on the Area-wide Environmental Impact Statement for the Central Florida Phosphate District. Page 36 June 24, 2014 "The Charlotte Harbor NEP water atlas is a convenient online tool developed this year that provides up-to-date water resource information to help people make informed decisions. "The Ecosystem Services and Climate Change Planning project developed a new method to assess the total ecosystem services provided by natural and manmade systems, which will assist in protecting and improving Southwest Florida's quality of life and sustainable economy. "And last, but certainly not least, let's look at this year's accomplishments of our Economic Development Program area. The Federal Comprehensive Economic Development Strategy has been updated and aligned with the State of Florida's Economic Development Plan. "The 11 Regional Planning Councils received an award from the Florida League of Cities for this effort. We worked extensively to build a team in the six-county region for the purpose of promoting arts and cultural venues regionally as a legitimate industry to unite our region in building competitive local economies. "And the Southwest Florida Regional Planning Council's comprehensive broadband plan ensures the long-term economic success of the region in the new digital economy. The hard work paid off when the SWFRPC and Page 37 June 24, 2014 the CFRPC received an award from the Florida Planning and Zoning Association for outstanding infrastructure plan for the comprehensive broadband planning project. "The Southwest Florida Regional Planning Council, in conjunction with the Florida Regional Planning Association, recently conducted an Energy Resiliency Study. The Florida Energy Assurance Study Report did not go unrecognized, as the study received an award from the National Association of Development Organizations as a 2013 innovation award winner. "A grant was awarded by the Department of Economic Opportunity to visions of community development to provide technical assistance by identifying regulatory barriers that impede the economic development in rural areas of critical economic concern. "Through partnerships, collaboration, and regional visioning, the Southwest Florida Regional Planning Council has promoted regional strategies and solutions to strengthen Florida's economic competitiveness, address problems of greater-than-local concern, and meet the needs of the local governments that we serve. "We are proud of our team's dedication and accomplishments this past year and look forward to working together across neighboring communities to consistently protect and improve the unique and relatively Page 38 June 24, 2014 unspoiled character of the physical, economic, and social worlds we share for the benefit of our future generation." (The DVD concluded.) MS. WLERSTLE: In closing, I just want to say we've surpassed last year in this nine months of this year. We've already brought in a million dollars to our local jurisdictions for various projects that they requested assistance with, and we have another 4.8 million pending right now for them. So we've been working real hard to address the needs of our local communities. And, with that, I'd like to thank you again for this opportunity and answer any questions you might have. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yes. Thank you very much, Margaret. That was very informative. As I said in the beginning, one of the things that was most interesting to me with respect to your presentation is the Regional Planning Council's involvement with economic development, and specifically, to that end, the ability of the council to work with the federal government to procure grants for economic development. The county manager and I have been working with our economic development director, Bruce Register, and we have been looking to get federal grants to assist with job creation, not only in Collier County but in the region, and we have projects that are currently ongoing that are intended to have a regional impact, specifically the accelerator projects, which will be both in eastern and western Collier, with the intent of benefiting the region. So to that end, I would like to ask, Leo, if you could please work with Margaret while you and Bruce are working on getting these grants to see what we can do to bring the federal funds in that the federal government would like to see committed. They've already allocated the funding. We should be applying for those grants and Page 39 June 24, 2014 bring those funds back to the community for job creation. I had -- I haven't spoken to all the transition teams of the candidates who are going to be -- one of whom will be voted in today in the District 19 congressional race, but we will have a new congressman. And to the extend that I have already established a relationship at least with, you know, one of the team's -- one of the transition teams, should they win or should any of the other teams be in place, if they don't win, I would like to share that information with you. And I already told them that we want to see job creation and we want help from the federal government to advance that end here in Collier County. So I will share the contact information I have with you if-- and it was actually Curt Clawson's transition team that I spoke to. If Curt Clawson should win, I would say, you know, jump on it right away. Let's get going. Let's, you know, get him working for our district as soon as possible to help. Not only with this but with everything else as well, but this was, from my perspective for the position that I'm currently holding, extremely important. So I really appreciate you coming and highlighting what you do, because I don't think people had any idea how extensive your involvement in our region is. MS. WUERSTLE: Just a heads up on the EDA grants, federal grants for infrastructure, and a number of other projects, they will -- once you submit your application, they will kick it back to us for a review -- COMMISSIONER HILLER: Okay. MS. WLERSTLE: -- and comment. So if we're involved in the beginning, it will expedite your review and your project. And we can give you tips on what they want to see and what they're looking for in the application. COMMISSIONER HILLER: Outstanding. We have a great Page 40 June 24, 2014 grants department that's very good at drafting. So if we could partner you with them, along with Bruce and Leo, I think we can do great things. And, like I said, bring in the transition team of whoever the next congressman is going to be to carry the torch for us. I think we can do great things together. MS. WUERSTLE: We'd be more than happy to assist. COMMISSIONER HILLER: So appreciate it. Thank you so much for coming. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. Ms. Wuerstle, I'd like to thank you for coming down. And the public should know what a great resource the Regional Planning Council is; I've enjoyed serving on it very much. And having representation from all the boards of county commission and municipalities across these six counties is a very, very dynamic thing and can contribute substantially to our effort on regionalism. And I think it's something that we should really try to expand on. Unfortunately, we can't seem to get funding out of the budget in the State of Florida, which I think we need to work for as a county and try to get that support and funding back in the state budget for the Regional Planning Council. I would encourage anyone to attend the monthly meetings and see what the projects are like and understand the staff that we have and the tremendous resource that it is. So thank you very much. MS. WUERSTLE: Thank you, Commissioner Nance. CHAIRMAN HENNING: Thank you, Margaret. Leo, I think we can get maybe a couple items done before our break. MR. OCHS: Yes. Next on your agenda, Mr. Chairman, is Item 10, Board of County Commissioners. Page 41 June 24, 2014 Item #1 OA APPOINTMENT OF MEMBER(S) TO HISPANIC AFFAIRS ADVISORY BOARD - MOTION DIRECTING STAFF TO BRING BACK AN ORDINANCE THAT WOULD SUNSET THE HISPANIC AFFAIRS ADVISORY BOARD — APPROVED MR. OCHS: Item 10A is a recommendation to appoint members to the Hispanic Affairs Advisory Board. COMMISSIONER FIALA: Public comments. Are you going to skip that? MR. OCHS: That's at 1 p.m., ma'am. COMMISSIONER FIALA: Oh, I'm so sorry. Thank you. Yeah, it sure is. Thank you. CHAIRMAN HENNING: Okay. We have a public speaker? MR. MILLER: Yes, sir, we do, sir; Robert Suarez. MR. SUAREZ: Good morning, everyone. Good morning, Chairman. My name is Robert Suarez. I'm here because yesterday I was reading the news, and I heard that they were considering to either dismantle, close, or reformat the board. I'm here as a citizen, and I want to say that I'm present. I would like this board to continue, be reopened, restructured, and I want to be a participant of that. I'm new in this. I've never been in these kind of meetings before, but as a resident of Collier, been here three years, I think I have a lot to offer to the board and to help this prosper and have a voice for the Hispanic community. CHAIRMAN HENNING: Thank you. Commissioner Nance? COMMISSIONER NANCE: Yes. COMMISSIONER HILLER: I think there's a public speaker who didn't understand the sign-up process. Page 42 June 24, 2014 CHAIRMAN HENNING: Did you sign up? Did you sign up to speak, sir? MR. BERNAL: I didn't. CHAIRMAN HENNING: Okay. So you don't want to speak? MR. BERNAL: I do. COMMISSIONER NANCE: I'm going to ask him to speak in a moment, actually. COMMISSIONER HILLER: Okay. COMMISSIONER NANCE: I'm very concerned about the Board of County Commissioners receiving good guidance regarding the Hispanic community and their concerns and overarching things that impact that. That having been said, having attended a number of meetings of the Hispanic Affairs Advisory Board, I believe that it became ineffective because it got focused on individual concerns of citizens that had many other methods to address those, but also, being comprised solely of citizens, I think that this advisory board is not able to accomplish the large job before us. The Hispanic community makes up over 25 percent of the population of Collier County and well over 40 percent of our children and students. And to that end, I believe that the advice that the board receives needs to come in a much more comprehensive and broad-based way than we can achieve from this advisory board. My concept would be to completely rethink how we gain information through regarding the Hispanic community and issues of importance by engaging a multi -- a task force -- a public/private task force comprised of public and private agencies in order to feed information and concerns to the board. Now, the reason I say that is I believe that it's going to take a much larger group and much -- and many more points of information in order to get that to us. Page 43 June 24, 2014 There's been some discussion about great organizations we have in the community, like the Council of Hispanic Business Professionals, which I see Mr. Luis Bernal, who's one of the founders of that organization today, and I'll ask him for his comments in a moment. But I believe that public agencies like the Sheriffs Office, code enforcement, the Collier County School District, who is responsible for educating many of our Hispanic students that are not only economically challenged and have -- are learning English as a second oral language, that these agencies like this that are public can very well work together with private groups like the Council of Hispanic Business Professionals, some of our chambers in largely Hispanic communities like Immokalee, to put together some advice and to be able to identify problems from the board to act on. And I would -- I would recommend for the board's consideration to consider forming a task force rather than renewing this advisory board so that we can get something much more comprehensive and usable for the board to work on. COMMISSIONER FIALA: Was that a motion, sir? COMMISSIONER NANCE: I will make a very short motion, ma'am, but that's just for the consideration. I'd love to hear the comments from the board and actually from Mr. Bernal at some appropriate point. CHAIRMAN HENNING: Well, what's the short motion? COMMISSIONER NANCE: The motion is to form a task force and to replace the advisory board with a task force of public and private organizations. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: I'll second the motion. CHAIRMAN HENNING: Okay. We have a motion and a second. Now we're going to have discussion. Commissioner Hiller? Page 44 June 24, 2014 COMMISSIONER HILLER Yeah. I think the idea of forming a partnership with the agencies that I think, from what I've received by way of email, have answers to concerns among constituents, like, for example, the schools and law enforcement, is really a good idea, Commissioner Nance, and to bring in the organizations, the Hispanic -- the representative Hispanic organizations in the community to be a part of that. It's all about working together. It's not one entity addressing one single set of issues. It's about the totality. And we have to work as a team. And it doesn't matter whether it's for the Hispanic community or the Haitian community or the, you know, Eastern European community or -- it doesn't really matter which community it is. It's the same approach for everybody. We have to have a cohesive, collective approach to addressing community concerns. So I think your idea is a very good one, and it should be a community-wide partnership between the private agencies, the public agencies, the businesses, the community at large. That's what you want. And address the issues. See what we can do to make it as good as this community can be. So I think it's a great idea. I want to compliment the Hispanic Council for all it has done for the community. We have -- I've been very involved in the Hispanic community for a very long time. My first intern in my office was a young Hispanic man, and he worked for me all summer. He was in college, and he was trying to find his way. And I mentored him, and I'm very proud to say he graduated with outstanding results, and he just got hired by UBS, so -- and then I knew him when he was, you know, an early tween. So, yeah, there are tremendous success stories out there, and I'm very excited to see you bringing this recommendation forward. I think it's extremely positive, and I'm happy that -- you know, to see everyone come to the table. CHAIRMAN HENNING: Commissioner Coyle? Page 45 June 24, 2014 COMMISSIONER COYLE: You know, these are all good ideas, but trying to fit them together is almost impossible. We have to keep in mind the requirements of the Sunshine Law. And if we create an organization consisting of all these community organizations, what we essentially do is create difficulties for them in carrying out their own duties in talking to each other. COMMISSIONER HILLER: You're right; you're right. COMMISSIONER COYLE: So I am disappointed and saddened that the Hispanic Affairs Advisory Board has not flourished, but -- because there are a number of problems that the Hispanic community had or has, and they involve agencies, in most cases, that are outside the purview of the Board of County Commissioners. COMMISSIONER HILLER: Yes. COMMISSIONER COYLE: So they get frustrated because they bring something to us that is an important issue concerning the Sheriffs Department or concerning the schools, and we're powerless to do anything about it. COMMISSIONER HILLER: Exactly. COMMISSIONER COYLE: So nothing gets done, they get frustrated, and we keep doing this year after year. So I think that if-- if the board wants to do something that is meaningful and that will not put us and them afoul of the Sunshine Laws -- and that is to encourage some existing organization, perhaps the Hispanic Chamber, to work as the organization which focuses the concerns of the Hispanic community and gets them to the right governmental agency for resolution, and that could easily be a task that the Hispanic Chamber might be willing to take on. There are other such organizations that might wish to take it on, but if we appoint it, we're right back where we started. COMMISSIONER HILLER: I think you're so right. Can I respond to Commissioner Coyle? COMMISSIONER COYLE: I'm sorry? Page 46 June 24, 2014 COMMISSIONER HILLER: Can I respond to you? COMMISSIONER COYLE: Only if it's going to be positive. COMMISSIONER HILLER: It is. I'm going to -- COMMISSIONER COYLE: Then you have 90 seconds. COMMISSIONER HILLER Okay. Commissioner Coyle is absolutely correct, and the Sunshine issue is a problem. And what I would encourage is what he suggested, and that is if, for example, the Hispanic Council were to create that task force, invite members of the various governmental agencies, the various businesses, the various nonprofits, to be part of your task force that we participate in so you don't have Sunshine issues and that you can have that open dialogue without, you know, all the limitations that come about because of how we have to operate. You know, we have not been able to host meetings of the advisory board because we haven't been able to achieve quorums through that membership. And then, of course, it doesn't move forward if you can't have a quorum. So, you know, you have latitude in the private sector that we don't have in the government sector. And I know that all of us have been involved in Hispanic events. Our staff has spoken to the various Hispanic organizations. I've been involved in a number of Hispanic events. I've attended, you know, different Hispanic community organized affairs, and so I know how active you all are in the community. If you bring that together, you know, any member of this board, I'm sure -- we can only have one member of the board sitting as a representative because of, again, Sunshine issues. We can have a member of staff sit there. You can call on the Sheriffs Office to send a representative, call on the school board to send a representative, and then, at the same time, ask all of us to come and speak to the community so we can hear what the concerns are, which is what we do with all the other issues that we address that are out there. CHAIRMAN HENNING: Just call Commissioner Hiller's office, Page 47 June 24, 2014 and she'll arrange everything. COMMISSIONER HILLER I will. I'll get it all done. I'm serious; I will. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. I would like to just get Mr. Bernal to address the board for a moment and see if he thinks this was something the Council of Hispanic Business Professionals would like to take on. I don't want to necessarily force something on this organization. I know it has its own mission statement. But, Mr. Bernal, what do you think about a possibility to work with others to bring these sorts of things to the board? MR. BERNAL: We have to have done that for the latest years. CHAIRMAN HENNING: Hold on. State your name for the record and your address. MR. BERNAL: My name is Luis Bernal. My address, 2760 Cypress Trace Circle, Naples, Florida, 34119. CHAIRMAN HENNING: Thank you. MR. BERNAL: I'm the executive director of the Council of Hispanic Business Professionals and its founder. The mission of the council is bridging the gap between Hispanics and non-Hispanics in this community in the areas of business, culture, entrepreneurship, and the arts. We've been in place. We were created by an initiative of the Greater Naples Chamber of Commerce. I was the founder, and we've been in place for almost eight years working to integrate Hispanics and -- Hispanics and the rest of the community in these areas. We are a part of the Partnership for Collier's Economic Future (sic), and that's a model that could work with this idea. I celebrate that you want to continue having some advice from the Hispanic community. I was part of the Hispanic Affairs Advisory Board a number of Page 48 June 24, 2014 years ago. Because of the Sunshine Law, because of the impossibility for the advisory board to have its own agenda to advise the Board of County Commissioners, I resigned, because there was no reason for me to be there. There was no -- an advisory board is as good as the advisee wants to take advice. So if the government of this county has a -- let's say, an agenda program that involves the Hispanic community, the different institutions of the government have their own concern -- concerns, we can help. In fact, we have done that, especially in the economic area. We're very, very involved in the economics. We go to those meetings to contribute with the feedback that we get by our members. Again, they are not only Hispanics. They are people of all backgrounds that are interested in what Hispanics bring to the economy, to business, and to a lot of organizations in health care, government, education, hospitality. If you go there, all are -- or many of them are Hispanics, and they are professionals. So what are the specifics of that partnership between the council and other organizations and the Board of County Commissioners and the government is something that we can probably fix with your authorization in a way that the legal problems are solved, in a way that you actually take advice, if you'd like to. And there is no one organization that is good for everything all the time. But we have done our best integrating some committees and people of different professional backgrounds to bring solutions, especially solutions -- that's a different approach -- as opposed to just, you know, get here to complain about everything. CHAIRMAN HENNING: Thank you. COMMISSIONER NANCE: Mr. Bernal, you can clearly see the commitment on this board with Commissioner Hiller, and you're well aware, sir, of my commitment to your organization. And I would look forward -- I would pledge my cooperation as well, Commissioner -- with Commissioner Hiller, to schedule, you Page 49 June 24, 2014 know, times for you to give presentations, if you should form such an organization, to present to the board as you have something and as you have something to report, and also to help you with the necessary contacts that you need to contact. I will call upon Roy Terry on the school board immediately and set you up so that you can discuss with the board and Superintendent Patten regarding the district and any others you might like. So thank you, sir. CHAIRMAN HENNING: Commissioner Nance, does your motion still stand with all the discussion going on? COMMISSIONER HILLER: I think you need to revise it. COMMISSIONER NANCE: I would make a recommendation that we consider establishing a contact with the Hispanic business professionals and other organizations to address their concerns and work with them to allow them to present information to the board as such an organization might be formed. CHAIRMAN HENNING: How do we address the item on the agenda? That's appointing members to the -- COMMISSIONER NANCE: I'm going to recommend that we sunset the -- make a motion that we sunset the Hispanic Affairs Advisory Board as existing. CHAIRMAN HENNING: So your amendment is to direct staff and the county attorney to bring back a resolution to dissolve the Hispanic Advisory Board? COMMISSIONER NANCE: Yes, sir. MR. KLATZKOW: Okay. CHAIRMAN HENNING: Jeff-- Commissioner Hiller -- or Commissioner Fiala, do you -- COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: -- support the amended second? Commissioner Hiller? COMMISSIONER HILLER: Yeah. I would like to volunteer as Page 50 June 24, 2014 the liaison to the Hispanic Council to help -- if the council is willing to create this task force within the private sector, to help put the team together. I know so many businesses in the Hispanic community. I know so many individuals in the Hispanic community. I know -- for example, I'll set up a meeting for you with the sheriff. As Commissioner Nance said, he would happily set up a meeting with the School Board and Kamela Patton. But I would love to put whatever effort you need into creating this together, and I will pull whatever resources I have to the table to help develop this task force. And I think the -- you know, obviously, bringing all -- any and all concerns that we can do as the Board of County Commissioners to us is something that I will help set up also with the county manager so that we have a very good system of communication. Again, what's important to emphasize is we cannot direct the school board to do anything. We cannot direct the sheriff to do anything or any other agency out there. The only thing that we can address is what we have jurisdiction over. And we will set up a mechanism so that this task source, if it has any issues that need to be brought to the board, is able to do it efficiently, effectively, and timely. MR. BERNAL: Well, you're most welcome, and thank you, the whole board, for continuing interest in the Hispanic community. CHAIRMAN HENNING: Yeah. You may sit down now. Thank you. You know, we have a motion and a second on the floor, and we're having a dialogue that can be done individually. But I just want to say, government does a great jobs of dividing ours Americans by categorizing them as different ethnic groups. So be it. Okay. I'm an American. When I fill out a form, I'm an American. Page 51 June 24, 2014 So, Commissioner Fiala, you want to speak on the motion or -- COMMISSIONER FIALA: On the motion, no. CHAIRMAN HENNING: Okay. COMMISSIONER FIALA: I've already seconded it. I would just like to say that I thank Commissioner Nance, because he has a great interest in that community, and I think he should certainly be the liaison. Secondly, I want to thank Commissioner Coyle for bringing it to our attention regarding the Sunshine Law. You know, I guess that escaped us. We wanted -- we were so eager to help that maybe we overlooked how we could shoot ourselves in the foot instead. And, of course, I, too, have been very involved with the community, so I appreciate Commissioner Hiller's efforts, but I would think that maybe it would be a great thing if Commissioner Nance would decide, being that he brought this to our attention, who the liaison should be, or I'll throw my name in the hat as well. CHAIRMAN HENNING: Okay. There's a motion and a second on the floor. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? No response.) CHAIRMAN HENNING: Motion carries unanimously. We have a 10:45 time-certain, so I want to take a short break and come back at 10:45. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. Ladies and gentlemen, please take your seats. Page 52 June 24, 2014 CHAIRMAN HENNING: Everybody take their seats, please. Next item, our time-certain. Item #14B1 COMMUNITY REDEVELOPMENT AGENCY (CRA) REVIEW AN OFFER TO PURCHASE CRA OWNED PROPERTY IN THE GATEWAY MINI-TRIANGLE BY FORTINO CONSTRUCTION & DEVELOPMENT, LLC AND ASSIGNEE AND PROVIDE STAFF DIRECTION - MOTION FOR STAFF TO PROCEED WITH A PUBLIC NOTICE FOR SALE OF THE PROPERTY — APPROVED MR. OCHS: Mr. Chairman, that's Item 14B1 on your agenda, Community Redevelopment Agency. It's a recommendation that the Community Redevelopment Agency review and offer to purchase CRA owned property in the Gateway mini-triangle by Fortino Construction and Development, LLC, and assignee, and provide staff direction. Ms. Jean Jourdan will begin the presentation. CHAIRMAN HENNING: Are we acting as the CRA in this? MR. OCHS: Yes, sir. MS. JOURDAN: You should be, yes. CHAIRMAN HENNING: So we are going to recess the BCC until we finish with the CRA business, and Commissioner Fiala is the CRA Chairman. CHAIRMAN FIALA: Okay. So may I call this CRA meeting to order. MS. JOURDAN: Good morning. For the record, Jean Jourdan, interim director for the Bayshore Gateway/Triangle CRA. I'm here before you with an offer to -- from Fortino. This is basically just to get board direction to see whether or not the board Page 53 June 24, 2014 desires for the CRA staff to enter into an agreement or begin any negotiations to sell CRA owned property. The property comprises of 5.27 acres of commercial land within the Gateway mini-triangle. The property was purchased in 2009 for the sole purposes of redevelopment for the amount of$6,386,000. The Fortino Construction is a company that has been in existence for 25 years. They've done development in New York, New Jersey; additionally, they now have offices in Naples. They're wishing to develop with a mixture of uses. Those uses are still being considered because it has to be -- they're wanting mixed use. So it would be what would be allowed per the Land Development Code. Currently, the property is being rented. We have leases on each of the properties. Most of the leases, all except for one, are set to expire. The tenants are desirous of re-leasing the property; however, they are all aware that the property is sited and slated for redevelopment. If you have any questions, I think it would be easier just to answer your questions than to read through an executive summary that you've already read through. CHAIRMAN FIALA: Thank you. I had my button on first, but somehow it is not on. Being that I'm chairman, I can call on myself first, which I will do then, and that is, you mention all of the rental properties. Now, I realize that what we're doing now is just in allowing this property to be reviewed with the offer of purchase, but I wanted to have a couple things clarified. The people that are renting now, until it is decided and a contract is actually not only signed but then the property is turned over to the new owners, would we still be collecting the rents on that? MS. JOURDAN: No. Once the -- well, once the property is sold, not -- once the property is sold, then they would assume the Page 54 June 24, 2014 leases. But the leases will actually transfer, so they will have to honor those leases. For instance, if there's a duration of one year or two years, they still have to honor those leases. CHAIRMAN FIALA: But if the process takes like three months MS. JOURDAN: We will still be collecting the rent until we actually close on the properties. CHAIRMAN FIALA: Okay, fine. And you said some of those leases are about to expire? MS. JOURDAN: Yes, they are. CHAIRMAN FIALA: Do they want to extend that -- MS. JOURDAN: They do, and we have discussed this with each one of the tenants that if we do renew the leases, if it is the so desire of the CRA board -- because they will come back to you for renewal -- that there will be a clause in there, 180-day clause, which would give them -- we would notify them once the property was ready to close 180 days -- so that they'd have 180 days to vacate, or that -- well, we wouldn't actually notify them. The buyer would notify them. CHAIRMAN FIALA: Okay. Good. Commissioner Henning? COMMISSIONER HENNING: So what is the offer, again? MS. JOURDAN: The current -- the first initial offer they made was 5 million. Of course, we haven't gotten anything from the board as to how much they would like us to advertise. The property would still have to be advertised in accordance with Florida Statute 193.6. So, therefore, not only do they have the opportunity to make an offer, anyone else does. We can't just sell them the property without giving the whole community -- and advertising it and letting them also come back and make an offer. COMMISSIONER HENNING: That's going to be the direction at the end of the day. MS. JOURDAN: Right. What would you like the minimum bid Page 55 June 24, 2014 to be established as? COMMISSIONER HENNING: And I think by Florida Statutes it has to be, you know, whatever the market rate is. MS. JOURDAN: Actually, for redevelopment purposes it can be what's in the best interest of the county and the people of the county because you're talking about redevelopment; whereas, this project, for instance, is planning to be a $55 million project. So what you have on there now equates to around 4 million. So you'd be generating taxes from 55 million compared to 4 million. So you don't have to actually have market value in accordance with the statute. COMMISSIONER HENNING: Right. But any contract purchase or offer on real estate doesn't mean that anybody has to pay whatever the asking price is? MS. JOURDAN: That's correct. COMMISSIONER HENNING: Right. And asking price could be -- an offer could be over what the asking price is? MS. JOURDAN: It could be. But if we advertise a minimum bid, then they have to make that minimum offer. COMMISSIONER HENNING: I don't think that we're -- we don't have to advertise it as -- MS. JOURDAN: Minimum bid. COMMISSIONER HENNING: You know, we're just saying it's on the market. We're taking offers. Here's the market value of it. MS. JOURDAN: Yes, we can, correct. COMMISSIONER HENNING: Just to establish, you know, ground rules. So that's my opinion. I don't want to see a contract come back where -- pending on zoning approvals. That is contract zoning. You need to work with the county attorney and the county manager's staff to make sure that we're going to get the best value. MS. JOURDAN: I agree. COMMISSIONER HENNING: And make sure that it's lawful Page 56 June 24, 2014 and legal. CHAIRMAN FIALA: And, County Attorney, did you have any comments on that or is that -- I see you nodding. MR. KLATZKOW: Commissioner Henning is right. This is a statutory process. We'll put it out pursuant to the statute. We will get proposals; hopefully multiple proposals. They can be different. We don't necessarily take the high price. We take what's in the best interest of the county as far as the redevelopment goes, and we can make it with no contingencies, which gets rid of the issue on zoning. COMMISSIONER HENNING: Right. I do want to say -- I think it's important that I say I'm excited that there are interests in there, and I would love to see that redeveloped down there, so -- CHAIRMAN FIALA: Thank you. COMMISSIONER HENNING: That's all I have to say. CHAIRMAN FIALA: Thank you for that. Commissioner Hiller? COMMISSIONER HILLER: Yes. I had the same concerns that Commissioner Henning expressed, and I'm glad to see that they've been asked and answered. So good job, Commissioner Henning. To that end, the motion today should be very different than what's recommended. First of all, I think staff has to take care of all the existing leases and how that's going to be handled on a sale, and I think you have to work with legal to get that done; secondly, put out an RFP, as the county attorney has described; thirdly, we need a valuation of the property from real estate to be delivered to the board so that we can make a determination of, you know, what we would deem reasonable -- what would be reasonable to sell that property at once we start getting these offers in. So I will make a motion to that effect to address -- to have those three issues -- CHAIRMAN FIALA: We already have that. I'm sorry, go Page 57 June 24, 2014 ahead. MS. JOURDAN: I'm sorry. We don't need to do an RFP. An RFP is different from a public notice in accordance with Florida Statute 163. Additionally, we have appraisals done by real property department, and Roosevelt's in the audience if you'd like to talk to him. CHAIRMAN FIALA: But that's not material today. MS. JOURDAN: We already got them just recently. COMMISSIONER HILLER: I understand, but we need to evaluate those in the context -- as a board in the context of what will come in as offers on that property. Jeff, can you clarify the process? I mean, the bottom line is, whatever you've done, I want to make sure Jeff agrees with it -- MS. JOURDAN: Yeah. COMMISSIONER HILLER: -- and that it is, you know, 100 percent in accordance with whatever the procedures are by way of statute. MR. KLATZKOW: Well, Jean's brought you an opportunity here. Now that we have this opportunity, the board needs to make a decision: Do you want to consider putting this property up for sale? All right. And if so, there's a statutory process to do that. My office will work with the County Manager's Office and Jean, and we will bring back various proposals to you which you can accept or reject. COMMISSIONER HILLER: Now, in addition to that, we have -- I mean, this is incumbered property, isn't it? Is it encumbered by the debt to Fifth/Third? MR. KLATZKOW: That's an issue we're going to have to work through, yes. COMMISSIONER HILLER: So we need to make absolutely sure, because -- that they will be okay with the sale of the property. MR. KLATZKOW: They don't have to be okay with the sale of Page 58 June 24, 2014 the property. COMMISSIONER HILLER: They don't? MS. JOURDAN: No. COMMISSIONER NANCE: It's not encumbered, ma'am. MS. JOURDAN: It's not encumbered. COMMISSIONER HILLER: I understand. MR. KLATZKOW: The proceeds may have to go to them, but they don't -- COMMISSIONER HILLER: Well, I understand. But the point -- so let me just understand. Fifth/Third does not have any sort of say in the sale. Is it a due-on-sale clause that we have? MR. KLATZKOW: My recollection -- and I haven't seen it in a while, ma'am, but my recollection is the proceeds -- COMMISSIONER HILLER: Will go automatically. MR. KLATZKOW: -- of these properties would go to them. CHAIRMAN FIALA: Crystal's shaking her head yes. COMMISSIONER HILLER: And so then the question -- the question I also have, then, with respect to that is, you know, how much of a loss are we going to take if the sales price is, you know, substantially less than fair market value if we go that route? MR. KLATZKOW: We don't know. The process is -- really the question that Jean has for you is do you want to consider the disposal of this property. If the answer to that is yes -- COMMISSIONER HILLER: Well, I think -- MR. KLATZKOW: -- we'll put out the public notices, and we will get you offers. And at that point in time, all these other issues will be part of the executive summary with all of the other considerations, and you could accept it or reject it. COMMISSIONER HILLER: So you will do a full financial analysis for us, including the implication with respect to our obligation to the bank and whatever deficiency there is if we sell at a lower price? Page 59 June 24, 2014 MR. KLATZKOW: That will be part -- yes, ma'am, that will be part of the executive summary. COMMISSIONER HILLER: So that will be brought to the finance committee and then brought to us? MR. KLATZKOW: Yes. COMMISSIONER HILLER: Okay. As long as all of that's included. So then it's up -- so the motion today is strictly whether or not we want to advertise this property for sale? MR. KLATZKOW: Do you want to consider the sale of this property? And if so, you know, the county manager and myself will work towards that statutory process. CHAIRMAN FIALA: Is that your motion as the attorney -- COMMISSIONER HILLER: Well, first let me ask the question, does this board want to consider the sale of this property? CHAIRMAN FIALA: Well, that's what we're -- is that your motion? COMMISSIONER HILLER: Well -- CHAIRMAN FIALA: Oh, okay. Well, then, you would withdraw until you find out if other board members -- COMMISSIONER HILLER: Yeah. So if the board does want to consider that, then I will make a motion to -- that the board would like to move forward with the sale of this property and direct the county manager and the county attorney to do what's procedurally necessary to comply with statute. CHAIRMAN FIALA: Okay. And before I call on you, Commissioner Coyle, we have speakers. MR. MILLER: Yes, ma'am. We have three registered speakers on this item. CHAIRMAN FIALA: First I will call on Commissioner Coyle, then Commissioner Nance. Thank you. Commissioner Coyle? COMMISSIONER COYLE: All right, thank you. Page 60 June 24, 2014 You know, it was fortuitous that we were able to pull together this property by assembling a lot of smaller properties and creating something much bigger, and our hope always was that something really, really good would be built there. So when you ask me a question, whether I would like to sell the property, the answer has to be qualified. What am I selling the property for, and how will it benefit the community? And I don't know how we qualify that sale under the current regulations, but here's the point of my concern. After all the years we spent trying to get control of this property so that we could produce something that was really nice for the redevelopment area, if we make the wrong decision at this point in time, we have lost it forever. There is no chance we'll ever get it back and be able to do anything with it. Now, the CRA redevelopment plan says this is a site for a catalyst redevelopment project; catalyst redevelopment project. A 5.27-acre automobile repair facility would not be a catalyst redevelopment project. So if we sell it to someone, how can we be assured that they're going to build a catalyst redevelopment project there on this site? So if I can hear someone tell me that we can make decisions based upon that, then I have no problem proceeding. But if I just have to advertise the sale with no control over what goes in there other than some broad interpretation of zoning language, I'm not happy with that. I would probably prefer a 100-year lease of the property rather than sell it. But, in any event, we -- in closing, we purchased this property. We put these properties together specifically for the purpose of creating something important and beneficial to the entire redevelopment area, and we need to look for a way to achieve that goal in any sale that we make. MR. KLATZKOW: We can structure it that way sir, yes. MS. JOURDAN: Definitely. Page 61 June 24, 2014 COMMISSIONER COYLE: Okay. MS. JOURDAN: Definitely. CHAIRMAN FIALA: I think that's an excellent suggestion. This is Commissioner Coyle's district, by the way. MS. JOURDAN: Yes, yes. Yes, we would definitely have that in the agreement and, you know, conveyed into however the county attorney wanted, and I know he will be -- make certain that the county's interests are protected and that we get developed exactly what we want. Now, when we bring back any contracts for the board, we're going to ask for conceptuals, what they're going to build. It's going to have to be stipulated so that this property cannot just anything be built on it. Additionally, there's two key sites that the CRA doesn't own, and that's the old Burger King property and the tire shop there at the corner and, unfortunately, we don't have any control over that. But this developer is actually in negotiations and will have contracts on those properties very soon. So not only will they control our piece, they'll control those other two pieces. COMMISSIONER COYLE: That's very important. MS. JOURDAN: Yes, it is. CHAIRMAN FIALA: Thank you. COMMISSIONER COYLE: Thank you. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Yes. I do concur with your concerns, Commissioner Coyle. I think that there's so much water and so much investment in this property, there's no time to screw it up at this moment, so I think we need to be diligent. Additionally, I would like to -- Ms. Jourdan, I would like to understand all the fiscal ramifications if the board should decide to put this piece of property for sale, because I see in your executive summary that there's a substantial rental income of approximately Page 62 June 24, 2014 $300,000 a year at present in the package. So realizing that that is the case, I think everybody needs to understand if this is a cash positive or a cash negative change regarding the CRA. I realize that we have substantial debt, but I'd like to understand all the fiscal ramifications of that as well as you go forward. But I do endorse -- I do endorse looking into it. I've met with Mr. Fortino and got a brief introduction to his company and his proposed development there, and I think it's very exciting, and it's deserving of consideration. CHAIRMAN FIALA: Thank you very much. Normally I like to hear from the speakers first before I get into the comments from the commissioners, but I felt it's important at this time to hear from the commissioners first and understand their concerns before we talk with our speakers. So will you call the first speaker, please. MR. MILLER: Certainly. Your first public speaker is Anthony Fortino, and he'll be followed by Deborah Savorsa (phonetic). MR. FORTINO: Good morning, Commissioners, staff. I appreciate you taking the time and the opportunity, giving me -- afford the ability to discuss this project this morning. I want to say that we are very excited about the property, when we first saw it, my group and I, and we wanted to put our visions forth to the commission because we believe in the project. We believe in the area. I'm glad that Commissioner Coyle had mentioned that it's not only price but it is vision, and it's what can be done, best and highest use for the property, not only in the short term but in the long term and the long vision for the City of Naples. And that's why we got involved. And we wanted to put forth our conceptual drawings and plan, which I had the opportunity to share, not only in mixed-use ability to do a development there in terms of Page 63 June 24, 2014 residential, whether it be a rental or a condominium process, retail, a rooftop restaurant, which was very exciting, got a lot of good feedback from a lot of different folks in town saying that that would be a great vision, as well as a hospitality component in the -- on the development site; not only from the short-term aspect of developing this project from the construction view, but it also goes into long-term, you know, jobs. I am now a full-time resident here for about a year. I've owned a house here in Naples for five years. I believe in the area. Love the area. I've got three daughters, a wife, and a mother-in-law, so I'm a blessed man. I've got women in the house. And, you know, my daughters are young, and I'd like to see them have jobs here, you know, in the future, as a lot of others folks here in Naples. So I believe in creating jobs, sustainability long term, not only short term. And while we develop this site, you know, the economics of the project obviously has to make sense not only for the developer but for the city as well in terms of generating taxes and all that good stuff. So I believe it's a team effort to develop this site. Welcome, you know, a lot of comments, good and bad, because we try and accommodate, you know -- all, you know, good and positive comments on the project. So, you know, if you afford us the opportunity to, you know, do this project, that's our vision, and we won't disappoint you. Thank you for the time. MR. MILLER: Your next public speaker is Deborah Savorsa. She'll be followed by John Burton. MR. BURTON: I was going to defer my time. MS. SAVORSA: Yeah. I'm going to defer my time to him. MR. MILLER: Oh. Did you have any more to say, sir? MR. FORTINO: No, I'm okay. Thank you. CHAIRMAN FIALA: Okay. So all three speakers were in one, Page 64 June 24, 2014 right? Okay, very good. Thank you very much. That was nice and quick. And just to comment about what you had said, Commissioner Coyle, which was right on target, and, of course, Commissioner Henning was here, too, at the time when they were purchasing these properties, what they wanted to do is make sure that once the GatewayTriangle was developed -- oh, yeah, I could speak into a speaker, yeah. Once the Gateway/Triangle was developed, it would be one comprehensive development. It would be the entry into East Naples or the entry into the City of Naples, whichever, way you're going. We had visions. There were a group of us that put together a plan many, many years ago before there was ever even a -- before there was ever a CRA; actually, before I was ever on the County Commission. It was back in the '90s. And what we had envisioned at the time was a hotel with an outdoor restaurant overlooking the bridge into the City of Naples and the sunset in the evening. We had envisioned a walking retail center where you had treeline streets and shops that people can walk through, then go up and have -- have dinner in the restaurant and maybe be staying at the hotel that's on the property. Maybe there would be -- just like 5th Avenue, there would be places for people to either have condominiums or something along that line. It was -- but it had to be the entire project with all the parking underneath and in the back. So I don't know where they're going to go with this. That was our vision at the time back in the middle '90s. But I'm hoping that our commissioners will at least let the CRA put this out for sale, and possibly you would want to -- before it actually goes, I'm sure you will be checking with the county attorney and the county manager, and it might be nice to check with the commissioner for that district, Commissioner Coyle, for the wording Page 65 June 24, 2014 to be correct. COMMISSIONER COYLE: You're going to have to check quick. CHAIRMAN FIALA: They can do it by email or phone, okay. COMMISSIONER COYLE: Yeah. As long as they do it before November. CHAIRMAN FIALA: Oh, no. They're going to do now. They're not going to be playing around here. So, anyway -- and it will be challenging because this is only six pieces of a 14-piece triangle, and it's going to be challenging to get all of those pieces assembled. You're talking about a lot of money when it comes down to it and -- as far as buying up all of those properties. But then you're talking about a lot of money, once it's rebuilt, to become something that will be a very positive thing to the community. Anyway, do we have a motion on the floor? Commissioner Coyle? COMMISSIONER COYLE: I'll make a motion that the staff be allowed to proceed to investigate the sale of this property. CHAIRMAN FIALA: Okay. Do I hear a second? COMMISSIONER NANCE: Second. CHAIRMAN FIALA: Okay. I have a second. Commissioner Hiller? COMMISSIONER HILLER: Yeah. Commissioner Coyle just made a remark, and I think it's a very important one. He said, let's hurry up and get it done before November. We have a new incoming commissioner for the district that this property is situated in that will be seated in November. And while I think staff can research, I don't think -- I don't think anything should be done till the -- that commissioner comes in because, as you properly said, Commissioner Fiala, it's not your district. It is Commissioner Coyle's district. Page 66 June 24, 2014 So directing staff to limit itself to do research and maybe sharing that research with the board ahead of any agenda item coming forward maybe is the right direction, but I want to emphasize that it is -- that we are not doing anything else but research. We're not putting out the advertisement or anything else for sale. MR. KLATZKOW: No, no, no, no. Maybe I've misunderstood. I thought the direction of the board was to move forward with the public notice. COMMISSIONER HILLER: No. CHAIRMAN FIALA: Right. COMMISSIONER HILLER: No, that's not -- no. CHAIRMAN FIALA: Right. That was before. COMMISSIONER HILLER: The motion on the table it to do research, that staff is to research. COMMISSIONER COYLE: That's not what I said. CHAIRMAN FIALA: Okay. Would you restate? COMMISSIONER COYLE: Yeah. I specifically said that I authorize the redevelopment agency to proceed with the sale of this parcel of land. And of course it has to come back to the board for final review. And what I would say further to that, in reply to Commissioner Hiller, is that it makes no sense to artificially delay this merely for an election of a new commissioner who has had no background whatsoever in this. The people who are best qualified to make this decision are the people who have been involved in this for the last 10 to 20 years and who understand the vision that we have for this redevelopment agency. So I just don't think we should postpone that for that reason, because if we get in that mode, we'll be postponing things every two years because we might have a different commissioner coming in. That is not a fruitful way to proceed with decision making on the Board of County Commissioners. Page 67 June 24, 2014 COMMISSIONER HILLER: Well, if I may respond, it's the future vision that matters, not the past vision, because, you know, what happened 10 or 20 years ago is not where we are today nor is it where we're necessarily going. I -- CHAIRMAN FIALA: Commissioner Hiller -- COMMISSIONER HILLER: I wouldn't have thought of it. Commissioner Coyle brought it up, and I have to say, I hadn't thought of it. CHAIRMAN FIALA: Well, I have somebody's button on first -- COMMISSIONER HILLER: Sure, go ahead. CHAIRMAN FIALA: -- so let -- COMMISSIONER HILLER: Sure, go ahead. CHAIRMAN FIALA: -- me call on Commissioner Nance. COMMISSIONER HILLER: Sure. COMMISSIONER NANCE: Yes. County Attorney, if we prepare -- prepare to receive offers on the property, this does not obligate the board to accept the offer, does it? MR. KLATZKOW: No. You do not have to accept the offer. COMMISSIONER NANCE: So we can prepare this property and make it available for sale and solicit offers and proposals, and then we can consider the offers and proposals and see if it's in the best interest of the CRA before we do anything? MR. KLATZKOW: Yes, and I would recommend that these multiple -- hopefully multiple proposals go through your advisory board, you know, before they get to you. COMMISSIONER NANCE: Is that acceptable to your motion, Commissioner Coyle? COMMISSIONER COYLE: Absolutely. COMMISSIONER NANCE: Then I will amend my second to include those affirmations. CHAIRMAN FIALA: Very good. And just as a comment, if we always held any decisions that we Page 68 June 24, 2014 make to build anything until a new commissioner came on board, whether it be in two months or a year or maybe somebody in the future wouldn't like it, we would never move forward. And I would hate to see that happen, because we're -- right after this coming election, we're going to have two or three more commissioners coming up for re-election. Maybe we shouldn't move forward with anything else either. COMMISSIONER HILLER: Commissioner Fiala? CHAIRMAN FIALA: Excuse me. Excuse me. COMMISSIONER HILLER: That's unreasonable. CHAIRMAN FIALA: You have to -- you have to give the commissioners who are sitting the opportunity to perform their job. That's what they're elected to do. So with that, I have a motion on the floor and a second. All in favor, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Opposed, like sign? COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: That's 3-2. Thank you. Motion carries. CRA meeting is adjourned. CHAIRMAN HENNING: Okay. We're going to go to the next item, which is? Item #10B RECOMMENDATION TO DIRECT STAFF TO PREPARE A FISCAL ANALYSIS AND A RECOMMENDED STRAW BALLOT QUESTION CONCERNING THE RETURN TO THE ORIGINAL INTENT OF THE TOURIST DEVELOPMENT TAX Page 69 June 24, 2014 TO BE PRESENTED TO THE BCC FOR APPROVAL AT THE MEETING JULY 8, 2014. IF APPROVED BY THE BCC, THE STRAW BALLOT WOULD BE PLACED ON THE NOVEMBER 2014 BALLOT - MOTION TO DENY RECOMMENDATION — APPROVED MR. OCHS: Is Item 10B, Mr. Chairman. That's a recommendation to direct staff to prepare a fiscal analysis and a recommended straw ballot question concerning the return to the original intent of the tourist development tax to be presented to the BCC for approval at the meeting on July 8, 2014. If approved by the BCC, the straw ballot would be placed on the November 2014 ballot. And Commissioner Coyle has brought this item onto the agenda. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: This is a relatively simple issue. The tourist tax was originally implemented over 20 years ago. And according to Ordinance 95-46, it allocated Category A funds, 60 percent, to finance beach improvement, maintenance, renourishment, restoration, erosion control, including pass and inlet management maintenance; and it established Category B funds as 40 percent of the division with 25 percent of the 40 percent to be allocated to tourism, advertising, and marketing; and 15 percent of the 40 percent should be allocated for local projects and/or activities which promote tourism, and that has become an allocation for museums. The process and the allocation of funds has been modified by commissioners to the point where now these categories are essentially reversed, and the beach renourishment maintenance and improvement aspects are closer to 40 percent now, and the advertising is almost 60 percent. It's my belief, as I've said before this board on numerous occasions, we should never be without a permit to replenish our Page 70 June 24, 2014 beaches yet we're -- we are confronted with beach renourishment problems, and staff tells us we need to get a permit. And it takes a year, year and a half, to get a permit. And during that time our beaches are not properly renourished or maintained. It's my belief that the cost of beach maintenance will, by necessity, be more intensive, and it will be more expensive. And if we do not maintain our beaches to a very high level, our tourism business is going to suffer. And I think that there has been a battle between hoteliers and others about how the money should be allocated, and I am merely saying -- asking a simple question, do you want the voters to weigh in on this and give us some idea about what we should do with this allocation, or do you want to ignore the voters and just continue to do it the way we have done it in the past. CHAIRMAN HENNING: Okay. Commissioner Coyle, I must say I looked at the question on the ballot, and it -- back in the '90s. It never stated a certain allocation of categories for the tourist tax. It doesn't say that. I'm surprised that you didn't include the ordinance you're referring to within your executive summary. COMMISSIONER COYLE: Well, I -- CHAIRMAN HENNING: Hang on. COMMISSIONER COYLE: All right. CHAIRMAN HENNING: So I have it, and if any commissioner wants a copy of it, I have copies here. And I want to refer to Page 4 of the ordinance and Category A, approximate cost or expense allocation, which is beaches, inlet passes, erosion control, et cetera. That was $4.2 million. Over the course of the years, since this ordinance, we've been allocating more money towards beach renourishment and inlet passes. And in tune, I think the upcoming budget they're looking at over $7 million. Leo, do you have that spreadsheet that I asked for? Can you put Page 71 June 24, 2014 that in the overview (sic)? COMMISSIONER FIALA: Do we have percentages on the figures that you're giving out? CHAIRMAN HENNING: Well, let me get to the percentage question. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Can you blow that up? MR. OCHS: Commissioner, it's kind of a long sheet here. I'll go to the end if-- COMMISSIONER NANCE: Why don't you kind of fold it in the middle, Leo, where we can see the categories and then maybe see the last five or six years. Can you maybe do that? MR. OCHS: Sure. COMMISSIONER NANCE: That might be helpful. You can see the early years and then the later years. CHAIRMAN HENNING: Okay. And you can see it's more than 4 million. MR. OCHS: No. That 2014 column is year to date. That's not -- we're not completed yet. CHAIRMAN HENNING: No. I do want to say there has been more money towards promotion. And you want to know why? The sitting commissioners, myself included, and all the commissioners to my right voted to add a one-penny tax for promotion in 2005. And there was no public referendum on that issue. So -- and, in fact -- and this ordinance, there was a -- an additional penny. There was -- originally the voters voted on two cents. So if you're going to ask the voters anything, go ask them, do you want to stay at two cents, because that's what they voted on. They didn't vote on percentage. So that's -- the executive summary that we're looking at today is misinforming the public and commissioners trying to make decisions on this. Page 72 June 24, 2014 That should be the question, if you want to have any question; however, it's interesting in 2005, all the commissioners voted for an additional penny for advertising. So you're going to have a disparage in percentage. Percentage is really not the issue. The issue of adding another cent is to allow all boats to rise. And you could see that by the information on the overhead provided to the -- provided by staff. And, in fact, in January -- this is why I pulled the item off the agenda for the allocation of monies to the pier. I think it's -- depending on what the board does, it's -- you know, if we're going to have a question -- because back in 1992 and 1995 the voters never voted on funding of the pier maintenance; never voted on that. They didn't vote on monies to the Collier County museums. It never was voted on. Never was their understanding. It was added by the Board of Commissioners over the year prior to, Commissioner Fiala, you sitting here. It was voted on the board in the mid to late '90s to add museums to it. So, I mean, you know, if you want to go back to what the vote was in 1992, you would remove funding for the pier, you would remove funding for the museums, and the only category you'd have is A and B, and that would be beach renourishment and inlet passes, along with promotion. So, you know, the understanding of the voters was should the County Commissioners institute a 2 percent -- two cents tax on every dollar to the visitors for beach renourishment, inlet pass maintenance, and advertising. That's the issue. I mean, unless the board goes back to 2 percent (sic), it's senseless. So, anyways, I'll go over to you, Commissioner Fiala. COMMISSIONER COYLE: Wait. COMMISSIONER FIALA: Okay. Go ahead. COMMISSIONER COYLE: Just a moment. You've spent some time telling us what it was supposed to be and alleging that the Page 73 June 24, 2014 executive summary is not correct. CHAIRMAN HENNING: The executive summary isn't correct. COMMISSIONER COYLE: And, in fact, most of the things you've said are not true. CHAIRMAN HENNING: The voters never voted on the percent. COMMISSIONER COYLE: Let me give you some facts. Would you like to hear some facts? CHAIRMAN HENNING: No, I would like to see the facts, not your opinion. COMMISSIONER COYLE: Okay. Then why don't you pull up Ordinance No. 92-60. It was filed with the Clerk's Office on August the 26th of'92. CHAIRMAN HENNING: Well, where's our copy? COMMISSIONER COYLE: You constantly pull up copies on your computer every time there's an issue, so I expect you to do the same thing here now. CHAIRMAN HENNING: Well, this is your item. I expect you to give us information. COMMISSIONER COYLE: And on Page 4 there is a very clear breakout of the categories of use of the percentage that is being voted on at that time. Category A, 60 percent; Category B, 40 percent; for tourism, advertising, and direct marketing, it would be 25 percent; and for local projects and/or activities which promote tourism, it would be 15 percent. Now, that is -- CHAIRMAN HENNING: What's the ballot question? COMMISSIONER COYLE: The ballot question wants to know if they want to put -- institute a TDC tax. CHAIRMAN HENNING: Correct. COMMISSIONER COYLE: That's right. And here is the Page 74 June 24, 2014 ordinance which authorizes you to do that which says the ballot question shall cause to be placed on the ballot at the next regular or special election to be held in Collier County a question asking, essentially, to -- for the tourist development tax or against the tourist development tax. And in the ordinance is how it is going to be allocated. Now, there is no referendum that I'm aware of ever in the history of Collier County or the State of Florida where something appeared on the ballot that wasn't also accompanied with substantial information to the public about what it was going to be used for. It's not in the ballot question. It is included in documents such as this that tell people what it's going to be used for. Now, there is no question that it was originally a 60/40 split, and that's what the voters approved. Now, you make a big point about the fact that more money has been allocated. Of course more money's been allocated because more money is coming in; we get more money, okay. But the percentage allocations have declined dramatically. So there is absolutely no question that the change in allocation has been modified dramatically over the years. Now, my question is really not debatable. It's a question that says, do you want to ask the voters for their opinion. End of story. Let them decide. Or do you just want to continue to manipulate the allocations to suit your needs? So the question before you is a simple one. Are you going to consult the voters on this issue or not? CHAIRMAN HENNING: Tim, can you go back to -- fold that over and go back to 2002 through 2006. Actually, just leave it there. Okay. You can see the percentage of monies in 2002 for beaches is 65 percent; 2003 -- or down to 66.5. COMMISSIONER COYLE: No. It's the same for both years, 66.5 for 2002 and 2003. Page 75 June 24, 2014 CHAIRMAN HENNING: And 200 -- COMMISSIONER COYLE: Four, five. CHAIRMAN HENNING: -- 4 and '5, and you can see the difference when you voted to institute an additional penny without the public approving it. COMMISSIONER COYLE: Okay. CHAIRMAN HENNING: Okay. Because the legislators allow you to do that, and those monies went to advertising. So we did everything up until you decided to vote for an additional penny. That's -- I mean, it's very clear that -- you can see that -- and those monies for promotion actually went to the museums. So, you know, if anything, you want to do is take the money from the museums and put it towards promotion. The beaches -- the beach renourishment and facilities always got what they was asked for. It was over -- over 60 percent until 2005 when another penny tax was instituted. So there's your clarity, and there's the facts. COMMISSIONER COYLE: No, no, no. From the very beginning, the museum category was included under promotion, from the very beginning of the process. CHAIRMAN HENNING: Well, look at your ordinance. It says -- here, I'll give you a copy of your ordinance you're referring to in your -- COMMISSIONER COYLE: I've got a copy. CHAIRMAN HENNING: Okay. And it says on Page 4, it's very clear. It doesn't say anything about museums, okay. That was instituted afterwards. COMMISSIONER COYLE: For local projects and/or activities which promote tourism, 15 percent. That's museums. CHAIRMAN HENNING: It doesn't say museums. COMMISSIONER COYLE: Okay. It says local projects and activities which promote tourism, and one of the criteria for a museum to get the money is that it has got to prove that it promotes tourism. Page 76 June 24, 2014 CHAIRMAN HENNING: And that wasn't on the ballot in 200 -- COMMISSIONER COYLE: We've already covered that. CHAIRMAN HENNING: 1992. COMMISSIONER COYLE: This is the ordinance that authorized the ballot. This is the ordinance that said how you divide it, and then on the next page it authorized you to advertise it and to put it on the ballot. CHAIRMAN HENNING: No. What -- you're going back towards -- you need to go back to 2005; however, that ordinance -- the public didn't approve that ordinance, okay. It approved a question; shall the County Commissioners institute a 2 percent (sic) tax on visitors? Commissioner Fiala. COMMISSIONER FIALA: Yes. Somewhere along the way -- I know when we voted in that extra penny tax and we wanted it for advertising because the tourism industry felt that they were collecting all of the bed tax, but they weren't benefiting by the collection, and they wanted more of the original two cents. We said, why don't we just give you a whole penny that it's just for yourself to be used? And that's, I think, where we voted in the other cent. Originally, the hoteliers did not want to have any bed tax. I was very, very involved in that communication, and it was led by Henry Watkins. They wanted to stifle any effort to collect a bed tax. Finally, the reason they came to this agreement is if the 60 percent went to the beach renourishment, they could live with that, and the 40 percent toward promotion. That's how it all occurred, and that was before it ever went to a vote by the taxpayers. That was what they had come up with. And time went on, and then the hoteliers felt -- now we're getting late into the 2000s, and they felt that they needed more promotion money, more advertising dollars, and they tried to find other ways to tap some of the other sources from that particular bed tax. They did Page 77 June 24, 2014 not want to increase the bed tax any more than that. They wanted to find other ways to creatively obtain more advertising dollars from what we had. But -- and both of you make very good points. The thing is, the beaches are the reason the tourists come here. The beaches, the passes, we really, really need to protect those and we need to be out in front of them and obtain these permits before we have to wait, and I think that's good. So there's got to be a compromise here because both points are well taken. The advertising dollars are needed. Maybe we should be able to put some of those advertising dollars that we have usurped into that account maybe back to the beach renourishment again so that there's a more even split. Let's face it, we've taken money from other promotions like museum and so forth as well because they wanted to use them for advertising. I think that there's a way we can come up with a good solution. I don't know if we'll be able to do it today with the emotions riding high, but there's got to be a solution whereby promotions still retain. Of course, all of the first -- that one penny and at least 40 percent of the other two pennies, and then the allocation for the beach renourishment facilities and museums and so forth are taken care of through the rest of that. So -- but I don't know. Maybe we need to have Jack go back and discuss it with a few people, not only just the hoteliers, because they're -- you know, they're hell bent for leather, and I understand that for advertising, but there must be a way to come up with a compromise where everyone wins here. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. I cannot endorse establishing a rigid percentage as a guideline to how we spend this revenue. It is -- it's essential that we have the ability to change it, and it's been changed Page 78 June 24, 2014 many times. Beach renourishment has always been accomplished. You know, when we were in the midst of the BP disaster, the Board of County Commissioners shifted money to tourism promotion because it was necessary and it was needed. That's called management. So I don't believe that we should go out and, by referendum, try to put ourselves in a box that we're immediately going to find out has absolutely no practical application of any value. If we want to discuss what the allocation is, I'm sure that that is going to be continually taking place on the board, and we're just going to have to -- we're going to have to do that. That's the purpose of the Board of County Commission. But I do believe, that having been said, that, you know, the beaches and the tourism industry are inextricably linked. You can't have one without the other. They're not going to work without one and the other. And we're going to be able to debate this ad nauseam. But we're also -- at some point down the road the citizens of Collier County are going to have to determine what other sources of revenue they're going to have to manage, not only the waterfront, but other important things like infrastructure. So, you know, it's very nice to be able to let people opine on how they want to tax somebody else. The citizens of this county are going to have to decide how they want to tax themselves in the end. That's my prediction. CHAIRMAN HENNING: Troy, why don't you call the public speakers, please. MR. MILLER: Your registered public speaker for this item is Bob Krasowski. MR. KRASOWSKI: Good morning, Commissioners. Bob Krasowski, for the record. I think this is a really good discussion. I think, Commissioner Coyle and Commissioner Henning, you're both wrong. But even more Page 79 June 24, 2014 importantly is that you're both right to the greater degree; Commissioner Henning bringing historical memory on the issue forward and Commissioner Coyle asking for discussion. So you're both right. So if you get those points that you're together on and move forward, I think you'd do us all a service. So the -- I had a couple questions. You've mentioned three cents of the taxes. There's actually four cents. I'd like to know where that fourth cent came from. I'm here today because I wanted to understand better this and didn't remember historically as much as you've brought up. And the beaches need more money. And also we have to put more in reserve. Not too long ago you realigned the finances and took some money out of the reserve for disaster and beaches and put it on the backs of the general fund if some catastrophe over $500,000 came upon us, and that was a bad idea, you know, as far as I'm concerned. Now, we should -- I think Commissioner Coyle's on the right track. We should have this evaluated by our finance committee or finance house and come forward with a presentation that would have a third party gather your -- both of your ideas and everybody's ideas and clarify the history and the alignment. But we need more money for beach renourishment as it gets more expensive and maybe some innovative thinking on how to do it as well. And I think we should not not consider an additional penny, which some people have been talking about, to do the beaches. You're very top heavy here, the whole government and this community, when it comes to considering solutions. The business interests are always strongly protected, and your TDC is overwhelmingly -- covers -- by the hotel industry and, of course, they don't want to spend another penny. But they're making money hand over fist. They charge hundreds of dollars per night in season. And so they could probably give up a penny to cover these beaches and maybe build our reserve and not have it on the backs of Page 80 June 24, 2014 people. And then one last question. I thought the -- when we did -- when you did levy the one cent for advertising, it was mostly supposed to be advertising in the off season, but -- so maybe somebody could speak to that, so there's two questions. Was the advertising budget supposed to concentrate on the off season, and the other question I mentioned earlier that I forgot now. So thank you for listening to my comments. CHAIRMAN HENNING: Commissioner Hiller, Commissioner Coyle, then Commissioner Fiala. COMMISSIONER HILLER: I have to commend Commissioner Nance. I think the remarks he made are on point. And -- are you going to make a motion? COMMISSIONER NANCE: I'm going to make a motion to deny the recommendation, actually. COMMISSIONER HILLER: And if you do, I'll second it. CHAIRMAN HENNING: Motion and second on the floor. Is that it? COMMISSIONER HILLER: That's it. CHAIRMAN HENNING: Okay. Commissioner Coyle, Commissioner Fiala. COMMISSIONER COYLE: I don't have any more to say. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yeah. I wanted to know -- and, Jack, you could help me -- when we transferred that emergency funding because of the BP problem and then we had other emergency funding, did we then, the following year, go back to the regular distribution of the dollars? MR. WERT: For the record, Jack Wert, your tourism director. When we did have the BP oil spill, also the downturn in the economy, one year we took funds from the beach renourishment fund, and that was primarily for the BP. We also took money from the Page 81 June 24, 2014 beach park facilities one year for the same reason. We were using funds from different uses. So -- and those were approved each time as a one-year change to the ordinance, and then it sunsetted at the end of each of those uses. COMMISSIONER FIALA: Okay. And we, as a county, taxpayers actually, have also been helping out in a little way, and that is initially some of the hoteliers wanted to bring in employees from Immokalee, and they had their own buses coming in, actually. And then when we started our bus service, they worked out an agreement a few years later to bus their people in, and they would just pay -- I guess they were going to be paying for the employees to bus in, and then it eventually -- they didn't pay for the employees to be bused in. Then the employees had to pay for it instead. So I just wanted to point that out. We have in -- because then when they only pay a buck, you know, the county taxpayers kick in to help that along. So I just wanted to mention that on the record. Thank you. CHAIRMAN HENNING: Motion and a second on the floor. All in favor of the motion, signify by saying aye. 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 and Commissioner Fiala dissenting. We have 15 minutes. Actually -- COMMISSIONER HILLER: Could we maybe -- CHAIRMAN HENNING: We have some people from the far East Naples Fire Department on the Isle of Capri issue. Could we get Page 82 June 24, 2014 to that? MR. OCHS: Yes, sir. Would you like to take that one? CHAIRMAN HENNING: If it will only take a few minutes for a presentation. MR. OCHS: I believe it will, yes, sir. CHAIRMAN HENNING: Presentation. Item #1 1 C A CONCEPTUAL TRANSITION PLAN FOR THE ANNEXATION OF THE ISLES OF CAPRI FIRE AND RESCUE DISTRICT BY THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT PENDING APPROVAL BY REFERENDUM OF A MAJORITY VOTE OF ELECTORS IN THE DISTRICT — APPROVED MR. OCHS: That's Item 11C on your agenda this morning, Commissioners. It's a recommendation to approve a conceptual transition plan for the annexation of the Isle of Capri Fire and Rescue District by the East Naples Fire Control and Rescue District pending approval by referendum of a majority vote of the electors in the district. Ms. Price will make a brief presentation. COMMISSIONER FIALA: Motion to approve. COMMISSIONER COYLE: Second. CHAIRMAN HENNING: Okay. There's a motion and second on the floor. Do we have any public speakers? MR. MILLER: No, sir. CHAIRMAN HENNING: Let me ask you something. On your presentation to the community, are you really saying that there'll be no change to the Isle of Capri Fire District if the voters vote no on this merger? MS. PRICE: Am I saying there'll be no change to the level of Page 83 June 24, 2014 service? CHAIRMAN HENNING: There'll be no change in the fire district. MS. PRICE: Well, it will be a different fire district. CHAIRMAN HENNING: No. If they did not merge. MS. PRICE: If they did not merge? Yes, that things would stay status quo until such time as the commissioners might make any other change. CHAIRMAN HENNING: Even though that -- you know, your revenue stream is different? What about the issue of Fiddler's Creek continuing wanting to merge with East Naples? Do you think that's going to stop after this ballot question? MS. PRICE: That would be up to the Fiddler's Creek people. I would assume that they're going to -- they would most likely go back and try one more time. CHAIRMAN HENNING: Right. So with that said, having that knowledge, do you think there will be no change in the Isle of Capri district if the voters vote no to merge? The answer is no, there will be change because you're going to have less money and the same amount of assets, fire station, firefighters, but you're going to have less money. MS. PRICE: Commissioner, I never said no change. What I said was status quo. CHAIRMAN HENNING: No change? MS. PRICE: Status quo would be exactly as things are today, which would be -- CHAIRMAN HENNING: No change? MS. PRICE: That the folks in Fiddler's Creek would still want to leave. And not knowing at this point what the voters are going to say -- certainly their survey indicated that there was very strong support for this annexation. I have every reason to believe that this is going to pass. CHAIRMAN HENNING: Okay. Well, this whole issue came Page 84 June 24, 2014 up because Fiddler's Creek wanted to annex out into East Naples. MS. PRICE: Correct. CHAIRMAN HENNING: And we know that that desire hasn't changed. So when you deliver to the residents within the fire district, Isle of Capri, can you give a little bit more information on your stance of no change? MS. PRICE: Certainly. CHAIRMAN HENNING: Okay. That's great. I understand that you had a meeting with East Naples on talks about Ochopee merging? MS. PRICE: No, sir. We have not started really talking about Ochopee's merger or any consolidation. I would like to speak with Sammy Hamilton first and get a representative from his group. I also didn't want to take any actions over the summer since we've had criticism in the past about doing things over the summer when so many people aren't here. So as soon as fall comes, I will go to the city council, ask them for a representative, and start those conversations. CHAIRMAN HENNING: So the meeting you had yesterday had to do with Isles of Capri? MS. PRICE: Isle of Capri and inspections. We were talking about setting up a plan for East Naples inspections in the Ochopee district. CHAIRMAN HENNING: And I understand part of the conversation that you had that the fire chief of Ochopee's going to challenge the Board of Commissioners' decision on the whole issue of the interlocal agreement with East Naples. MS. PRICE: No, sir. CHAIRMAN HENNING: He's not going to? MS. PRICE: He is not going to challenge. CHAIRMAN HENNING: He's not going to ask for an attorney general opinion? MS. PRICE: No, he is not. Page 85 June 24, 2014 CHAIRMAN HENNING: Okay. MS. PRICE: No. Apparently there was a misunderstanding. All we were doing is asking for East Naples to help us put together a plan so that the fire chief would be in a position to know exactly what's going to be inspected, you know, in what time frame, and East Naples said they would absolutely work with us on that. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. But with the inspections, being that Ochopee has done it very successfully, very quickly, no waits, and worked very closely with the community -- and I think that -- I don't know why we would want to take that away from the Ochopee Fire department. That's a source of income for them. CHAIRMAN HENNING: You voted on that. COMMISSIONER FIALA: What? CHAIRMAN HENNING: You voted on that. COMMISSIONER FIALA: Voted on what? CHAIRMAN HENNING: To allow East Naples -- COMMISSIONER FIALA: I understand that. It was on a consent agenda a couple -- like a month ago or so. And I didn't even realize what actually was all involved, and that was a source of income. And I was going to bring that back up anyway. Luckily you mentioned it now and we're talking about it now, because I don't -- and I talked with Sammy Hamilton about it. He also feels the same way. You know, they don't care to turn their inspections over to the East Naples Fire Department. They want to keep them within the Ochopee Fire Department. CHAIRMAN HENNING: Well, I think your issue to reconsider has already passed. COMMISSIONER FIALA: Well, I don't know that. Maybe the CHAIRMAN HENNING: Okay. Page 86 June 24, 2014 COMMISSIONER FIALA: Maybe we can -- maybe we can do something about reconsidering it or talking about it again or putting it on the agenda or addressing it in a different way. CHAIRMAN HENNING: You're always allowed to put anything on -- any commissioner -- anything you want on the agenda. COMMISSIONER FIALA: Well, I've been contacted -- written to you about this, and I've been asked to wait a little while, so that's why I haven't brought it up. But I think as long as you've mentioned that -- that subject, I would like to. CHAIRMAN HENNING: Okay. There's -- COMMISSIONER FIALA: I'd like to have your support, as a matter of fact. CHAIRMAN HENNING: There's a motion on the floor and a second. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: (No verbal response.) COMMISSIONER FIALA: (No verbal response.) CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: No opposed? So it's unanimous. COMMISSIONER FIALA: Wait a minute. Wait a minute. Wait a minute. COMMISSIONER COYLE: What was the motion? COMMISSIONER FIALA: Yes. The motion on the floor was to accept the transition between the Isles of Capri Fire District and East Naples Fire Control District; is that correct? CHAIRMAN HENNING: Correct. COMMISSIONER FIALA: Okay. Now, the motion? CHAIRMAN HENNING: Passed, 5-0. There was no abstention Page 87 June 24, 2014 (sic) from it; is that correct? COMMISSIONER HILLER: Yeah. CHAIRMAN HENNING: What's the next item? We've got -- or do we want to break? COMMISSIONER FIALA: We're not going to talk about that at all, right? Okay. CHAIRMAN HENNING: Well, what you want to talk about is not on the agenda. You can actually put -- again, put anything on the agenda you want. COMMISSIONER FIALA: Boy, are you cantankerous today. Thank you. I will. CHAIRMAN HENNING: No, I'm not. You know, it's the board's rules, you know. I'm -- we have items on the agenda -- COMMISSIONER FIALA: Excuse me. Let's just move on. CHAIRMAN HENNING: We have items on the agenda -- COMMISSIONER FIALA: Let's just move on. CHAIRMAN HENNING: -- and we have some people that want to continue to talk about other things that is not on the agenda. COMMISSIONER FIALA: You brought it up. CHAIRMAN HENNING: The duty of the chair is to stay on task. COMMISSIONER FIALA: Okay. I don't need any lessons today, thank you. Let's move on to the next subject. CHAIRMAN HENNING: So are you ready to stay on the subjects? Do we have anything that we can deal with in two minutes -- or seven minutes? MR. OCHS: Well, Commissioners, let me ask you, sir. The item that you moved onto the regular agenda regarding the pier renovation, would you like to take that? CHAIRMAN HENNING: Yes. Page 88 June 24, 2014 Item #11E PROPOSED AMENDMENT TO THE TOURIST DEVELOPMENT TAX ORDINANCE NO. 92-60, AS AMENDED, THAT WOULD AUTHORIZE REALLOCATION OF FUNDS BETWEEN TOURIST DEVELOPMENT TAX CATEGORIES WITH A SUPERMAJORITY VOTE OF THE BOARD AND DIRECT THE COUNTY ATTORNEY TO ADVERTISE ORDINANCE CHANGES TO BE APPROVED BY THE BOARD AT A FUTURE MEETING; TO ALLOW TDC GRANT FUNDS PREVIOUSLY AWARDED TO CITY OF NAPLES TO "CARRY FORWARD" FOR EXPENDITURE IN FY2015 FOR A MAJOR RENOVATION OF THE CITY OF NAPLES PIER; AND TO MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — APPROVED MR. OCHS: And that is Item 11E on the agenda. It was previously 16A20, and that is a recommendation to approve an ordinance amendment to your tourist development tax ordinance that would allow the board, by supermajority vote, to move money between categories, also allow the City of Naples to carry forward the $200,000 TDC grant award for the Naples Pier renovation made in this fiscal year into Fiscal Year '15 and, finally, that would thereby allow the advanced funding for the full renovation of the Naples Pier to occur in Fiscal Year 2015, which would be the fall of this year. CHAIRMAN HENNING: And I pulled this item, and I'm going to make a motion to approve this item as stated in the executive summary. COMMISSIONER NANCE: I will second it. CHAIRMAN HENNING: Discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye? Page 89 June 24, 2014 COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? No response.) CHAIRMAN HENNING: Carries unanimously. MR. OCHS: Thank you, sir. MR. OCHS: 1 lB is going to be heard after 9D, and I think 11D would probably be better treated after lunch, sir. CHAIRMAN HENNING: Okay. So why don't we recess for lunch and be back at 1 o'clock. MR. OCHS: Thank you. (A luncheon recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN HENNING: Good afternoon. We're going to go to public speakers until we have our time certain at 1 :30. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. MILLER: We have 11 registered public speakers. Your first speaker is Jennifer Hecker. She's been ceded additional time from Caitlin Weber and Nicole Johnson for a total of nine minutes. She will be followed by Joe Mule. CHAIRMAN HENNING: Jennifer, I noticed that you were passing out information; is that correct? Is this yours? MS. HECKER: Yes. The purple folders are the information that we'll be referencing in our comments. Page 90 June 24, 2014 CHAIRMAN HENNING: Okay. Well, the -- this kind of information has to be voted on by the Board of Commissioners whether they accept it or not. That's a long-standing rule. So the pleasure of the board? COMMISSIONER FIALA: Accept it. COMMISSIONER COYLE: We should accept it. COMMISSIONER NANCE: Accept it. COMMISSIONER COYLE: Yes. CHAIRMAN HENNING: Is that -- a motion by Commissioner COMMISSIONER FIALA: Motion. CHAIRMAN HENNING: -- Fiala, second by Commissioner Coyle. COMMISSIONER COYLE: Yep. CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. MS. HECKER: Thank you. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Go ahead. MS. HECKER: We have also emailed that electronically, the identical information as well. Jennifer Hecker, here today on behalf of the Conservancy of Southwest Florida and our more than 4,500 members. We commend the Collier County Commission for filing an administrative challenge to the Florida Department of Environmental Protection's deficient enforcement of the fracking-like unauthorized Page 91 June 24, 2014 activities undertaken by Dan A. Hughes, which has created a potential contamination risk to Collier County's drinking water. COMMISSIONER FIALA: Jennifer, you have to speak slowly enough so that the court reporter -- MS. HECKER: Okay. Sorry. I forgot, I have additional time, too. The County Commission has repeatedly stated that DEP should have revoked the Hughes/Hogan Well permit after Hughes willfully disregarded DEP's directive to not proceed without authorization with their extreme extraction technique and did not immediately cease their activities, even after DEP issued a cease and desist order. The DEP could have and should have revoked the permit as their enforcement. Instead, they settled with Hughes without Collier County's knowledge or involvement for a couple of menial provisions that left Collier County without the minimal financial commitments, remediation, and groundwater monitoring to safeguard its citizens and its public water supply. The county has stated in its petition it filed that it is, indeed, seeking the revocation of the permit, as well as some specific additional remedial actions; however, the county should broaden and strengthen the petition to cover all the bases by including the additional monitoring, remediation steps, and financial commitments that we and other groups have repeatedly provided and are, again, providing you an updated list of today. The majority of these enforcement terms are necessary to ensure that proper protection of the county and its citizens is provided with the enforcement and remediation of this violation. DEP has said that it is meeting with all of the Collier County's requests, yet it has not met its primary request to revoke the Dan A. Hughes permit. Continued drilling activities are being permitting at this well without the mechanical integrity test to ensure that it has not been compromised in response to the pressure it was subjected to with Page 92 June 24, 2014 this unauthorized procedure. DEP's groundwater testing is not the thorough, effective groundwater contamination monitoring that Collier County is seeking because we still don't have a complete list of all the chemicals that were actually used, regardless of what the company may try to claim are trade secrets and, therefore, have no way of comparing that against what DEP is actually testing for to know if they're testing for all of the potential contaminates of concern. As you can see from the couple of chemicals that we've been able to identify from photos taken by the DEP and the corresponding MSDS sheets we were able to obtain online from the chemical manufacturer's website, highly toxic cancer causing chemicals were identified on site. Moreover, the DEP's proposed testing is way too shallow to effectively detect the potential contamination from fracking-type activities undertaken since it would be from the up-welling of contaminates beneath our drinking water aquifers. Our hydrogeologist, whose expert opinion I have provided you today on the DEP groundwater sampling plan, states that these monitoring wells are only effective at monitoring for potential surficial contamination, with all but one being only 3 to 13 feet deep. Since this potential contamination would be coming from below our public water supply sources, the groundwater monitoring should be at least right below the defined USDW, the underground source of drinking water, which Dan A. Hughes' own consultant, Schlumberger, defined at 1,850 feet deep in this area; otherwise, it would have to migrate upward and contaminate all of the public water supply source aquifers to be detected at 13 feet deep. Additionally, DEP should be sampling as deep as possible within the boreholes of Well 86 and Well 103 to below the boulder zone at 3,500 feet where detecting contamination from the potential upward migration of fracking-type fluids would be best detected. Instead, Page 93 June 24, 2014 DEP has only proposed one deeper well near Borehole 86, and that is still too shallow at only 400 feet. DEP has proposed no monitoring to address the Borehole 103. To strengthen the county's ability to get the safeguards its seeking, we urge you to include the list of the additional enforcement terms that we've compiled from experts and file an amended petition as soon as possible, of which we have provided you an updated list today of those recommended enforcement terms to include. We also suggest that the commission might want to consider hiring outside counsel with specific expertise in these oil extraction and administrative hearing matters with -- and which does not have any financial ties to Dan A. Hughes or the Collier Resource Company to assist the county attorney in this case going forward. Finally, it is counterproductive to the county's legal action and to the commission -- there's a stated objective of an open, transparent resolution to this matter that involves meaningful public engagement -- for there to be any further private communications with county staff or individual commissioners outside commission meetings with the DEP and outside the public administrative hearing process. Therefore, we urge you, as a board, to publicly affirm that future discussions related to the resolution of this matter will be limited to those two forums as you have previously stated you are committed to doing. We, again, thank you for taking this necessary legal action on behalf of Collier County citizens, and we will do everything in our power to support you in this effort. And I would add that we just learned that -- Barron Collier contacted us about a press conference that is happening shortly at 2:30, or was intended to be at 2:30 on the Hogan Island site by the -- hosted by the DEP. We have learned that either that has been canceled or relocated because the DEP did not get permission from Collier Resources to have the press conference on that property. Page 94 June 24, 2014 So they have declined that, and that has been relocated, as well as the press conference that DEP has announced that will be taking place tomorrow at 10 a.m. So I think this, again, evidences the lack of communication and coordination amongst the parties and, again, gives us pause and concern about the open, transparent nature, because now the public does not have information to participate or attend, to hear the press comments that the DEP staff will be giving. So with that, I'd be happy to answer any questions you have, and we've provided supporting documentation for all the things that we referenced in our folder and have emailed you as well. CHAIRMAN HENNING: Next speaker? MR. MILLER: Your next speaker Joe Mule. He'll be followed by Dr. John Dwyer. MR. MULE: Good afternoon. Thank you very much. To clarify, as I stepped out a moment ago, the press conference for tomorrow has officially been canceled, and the one for -- the press conference, I'm sorry, for today has been canceled, and tomorrow they've rescheduled it for a different location. This all just makes me feel like I'm a kid in front of the TV and I'm watching the Keystone Cops. I hate to say it, but I see people running around and nothing really being accomplished. They're not speaking to each other, as Jennifer said. There is no communication. I understand now that earlier today Collier Resources said that they want to be involved in the water monitoring. That's great as long as it is an independent company that is doing it and someone that is not beholden to Collier Enterprises or Collier Resources. The severity of this thing is such that I can't understand why the DEP is taking the actions that they are. I was perplexed before with everything that they were doing. I'm even more perplexed right now because they're doing things -- actions that have no sense whatsoever Page 95 June 24, 2014 to set press conferences, stop them at the last minute, to say that they're going to hold this commission hostage that if you-all were to do what you did, which is to file to stop this, saying that they would stop enforcement action against Hughes Oil Company. That is wrong. I don't know how else to say it. I have a lot of things I could say, but that's just inherently wrong. These folks are not acting with the best interest of the people of Collier County. They're acting with the best interest of Hughes Oil Company and the folks from Collier Resources and Collier Enterprises. That's just not what they have been taxed to do, and I'm very fortunate to have moved to Collier County where I see that you-all do really take an interest in the community and the people that you represent that are your neighbors, your friends, and your family as well. I ask that you continue to do what you're doing, that you please hold their feet to the fire, you do not allow them to continue with any more shenanigans, that if they try, put a stop to it. They will continue to try to contact you personally and individually. They will continue to do whatever they feel is in the best interest of those select individuals that I mentioned, Hughes and Collier Resources, and there is nothing more that they want than to keep us all out of the picture, because they know that we have become a force that represents the community at large. And the people do not want this to continue. The people have had enough. We've seen what these people can do. They break the law, and then they try to get away with it continuously. Thank you very much. I appreciate your time today and your consideration. Thank you. MR. MILLER: Your next speaker is Dr. John Dwyer. He'll be followed by Dr. Karen Dwyer. DR. JOHN DWYER: Two weeks ago my sternly chastised Page 96 June 24, 2014 remarks to you were about why we cannot wait. I exhorted you to stay the course because, as I suggested, there might be wavering on the part of this commission to stand steadfast in our challenge to the consent order for Dan Hughes. However, Mr. Scott was preparing Mr. Vinyard leading a perfidious and expensive blitz to undermine us with their private settlements. The DEP does have one infuriating expertise. Psyops for crowd control. Today it seems to that the battle is taking place both here and at the Corkscrew well site, despite Blake Gable's late disinvite. Our demand for revocation of the permit is brushed aside. Despite our power of home rule in the Sunshine, four-fifths of the commission are, likewise, brushed aside. What can we do? First, we must not believe that the FDEP has the integrity or even the know-how to test or monitor our waters adequately. Duke University does. Second, we must not weaken our petition after what Mr. Vinyard and his men are doing but should, rather, strengthen it. You allowed for modifications. Third, we must not accept the offer of three more public meetings. They will obscure the dangers of Hughes drilling and their trucking off-site the flow back materials. Surface fluids mismanagement might have contaminated the surficial aquifer but also endangered the lower Sunniland, the Sandstone, and the Hawthorne aquifers. Collier County's water is not all on the surface. Tight rock will not protect us. And neither the state nor DC will protect us. We must do it ourselves. Stay the course, Commissioners. Remain steadfast. We cannot wait. Corkscrew well is the first of many that are now being planned. Thank you. MR. MILLER: Your next speaker is Dr. Karen Dwyer. She'll be Page 97 June 24, 2014 followed by Vern Hammett. DR. KAREN DWYER: Make no mistake, we want a public hearing, not private settlement. Imagine our concern when we heard about the private late-night meeting with Secretary Vinyard followed by a DEP press release calling, yet again, for private settlement. The commissioners were right to reject a secret closed-door settlement with the DEP and file for a public hearing. We need government transparency and full disclosure, especially because the DEP kept secret the illegal fracking and criminal noncompliance of Dan A. Hughes for months through all the key state and federal hearings. We need a full and fair and public investigation of Dan A. Hughes just as United States Senator Bill Nelson ordered and as a commissioner's legal challenge promises. The consent order needs to be challenged, overturned, and then renegotiated. The DEP and we know that the terms failed to safeguard Collier's drinking water from the potential contamination that resulted. How dare the DEP accuse the commissioners of thwarting enforcement action when they were on site during the illegal fracking and failed to notify the county, failed to call for immediate water tests, and failed to compel compliance? It is the DEP and Hughes who have put the public at risk, not the commissioners. Only a legal challenge will give us the transparency, full disclosure, verifiable evidence, enforcement terms, and revocation we need to stop the illegal activity from happening again and again. The Hogan well is a test case. It will set a standard for the hundreds of wells to follow on the 450,000 acres targeted for new extreme Everglades drilling and seismic testing. We cannot let this grave violation slide for the sake of getting along with the state agency that has, for six long months, suppressed information. Even yesterday the DEP talked around questions rather than Page 98 June 24, 2014 answering them. They refused to answer, is the Hogan well acid fracked. And why is this a threat to groundwater? And why is the DEP taking action now rather than six months ago? The DEP also said the rock is considered tight, contradicting their previous statement that it's highly fractured and fissured. The point is we need the clarity and close scrutiny of a public hearing. Your petition is strong, especially your call for revocation. Stand by it. It can be made even stronger by adding further stipulations by county staff and the Conservancy. Your lawsuit has compelled the DEP to start water testing. That is good news. The problem is that water tests are complicated. Without knowing where and what to test for, the DEP could come up with a false negative, as Commissioner Coyle said. So concerns remain about the veracity of the DEP test, given the complexity of accurately testing for 7,000 fracking fluids. I spoke with Professor Rob Jackson from Duke University yesterday, and he verified that testing requires geological studies and sampling schemes that could take up to a year. So we're just asking, in closure, multiple independent third-party experts as well. CHAIRMAN HENNING: Your time is up. DR. KAREN DWYER: Thank you. MR. MILLER: Your next public speaker is Vern Hammett. He'll be followed by Jeanie Van Arsdale. MR. HAMMETT: Good afternoon. My name is Vern Hammett. I really appreciate the opportunity to speak this afternoon. I think it goes without saying that development in Collier County is booming, and that in and of itself is really great news; however, there's a particular category that I'm really concerned as a Collier resident, and that's the growth of service stations in our area. The stations that we're most familiar with are the ones that we see in our communities. They typically have six to 12 pumps, have a convenience store that is consistent with that capacity; however, Page 99 June 24, 2014 there's a trend towards ever larger stations. And the EPA's defined a large station as one that pumps in the neighborhood of 3.6 million gallons a year, and that's actually 2 million more than the one that I've just described. And, actually, believe it or not, there's a trend towards even larger stations, and they're called mega-stations, and they pump in the neighborhood of over 3.6 million up to 20 million. We typically see these adjacent to highways in service areas. They typically have 24 pumps, 6,000 square feet of retail space, and they're situated on two-and-a-half to 3 acres of land. What's surprising and interesting is that these mega-stations are migrating into our built-up communities in our towns and cities, and that's cause for great concern. The mode of operation for these types of stations is completely different than the ones that we see in our community, not to mention the impact on adjacent land use. And, of course, what I'm talking about is the increase in traffic, the environmental concerns, both from a water and air-pollution standpoint. Our quality-of-life issues, particularly if they're located adjacent to residential areas, the increase in noise and lighting, and not to mention the possible stress on our smaller local businesses. I think also what needs to be taken into consideration is the aesthetic. You know, these things are enormous facilities that can really dictate the character for the neighboring area. So with that being said, there are actually mega-stations in the pipeline in our growth management department. And based on the conversations that I'm having with our planners, it's become very, very apparent that our Land Development Code is completely obsolete for these types of stations. And so what I'm asking from you guys is to consider a moratorium on new station applications so that the Land Development Code can be revisited, revised to consider these mega-stations, Page 100 June 24, 2014 particularly with restrictions when they're located adjacent to residential areas. Thanks for your time. MR. MILLER: Your next speaker is Jeanie Van Arsdale. She'll be followed by Eric Donihoo. MS. VAN ARSDALE: Here are the concerns with a mega gas station abutting -- COMMISSIONER HILLER: Can you speak into the mike? MS. VAN ARSDALE: Sony. COMMISSIONER HILLER: That's okay. Thanks. MS. VAN ARSDALE: Here are the concerns with a mega gas station abutting a residential property. Number one, pumping nine to 10 millions (sic) of gas a year adds to poor air quality for the neighboring homes, which then becomes a public health risk. Mega gas stations require complex traffic management. This is already visible on Airport Road, and the station hasn't even opened yet. Mega gas stations have a greater effect on property values of the adjacent home. With all of this, eventually -- with all of this, what is eventually created are legal and regulatory considerations for local government. A moratorium among gas stations is a push on the pause button while the Collier County legal department can redefine, quote, gas station. The mega gas station is a new entity; not a bad entity, but one that must be defined within our future zoning. By placing a moratorium on all gas stations until definitions are in place, we are looking into the future. According to an article in the Naples news dated April 11th, one petroleum company plans to build six or more stations in Collier and Southern Lee in the next year or two. It already has four stations under construction in Collier and Lee. Please consider a moratorium on new service station applications Page 101 June 24, 2014 until the code can be revisited by the legal department. Thank you. MR. MILLER: Your next speaker is Eric Donihoo. He'll be followed Alexis Meyer. CHAIRMAN HENNING: Commissioner Hiller has a question for Ms. Van Arsdale. COMMISSIONER HILLER: Jeff? No, for Jeff. Can you legally impose a moratorium on something that's permitted by the LDC at this time? MR. KLATZKOW: The problem with this request is it's aimed at a specific application that's now pending. I'm a little bit leery about that. MS. VAN ARSDALE: I would exclude the current application. COMMISSIONER HILLER: Can you -- hang on a second. MR. KLATZKOW: If we're excluding the current application, I'd want to come back to you on that. I mean, there's all kinds of issues on moratoriums. COMMISSIONER HILLER: Could you address that question and research that question? MR. KLATZKOW: If I've got three commissioners who want to consider a moratorium on gas stations, I'd be happy to do it. COMMISSIONER HILLER: I think we need to know whether or not there's a -- I mean, I'm not -- I don't know whether we should or shouldn't, and I don't know that much about these mega-stations. I know that there's a great deal of concern, and we're getting a lot of emails. I think we should just -- I think we need to have more information to find out, you know, what we legally can or can't do. CHAIRMAN HENNING: Well, we're getting a lot of emails on one particular site. That's what we're getting, not the issue of moratorium -- COMMISSIONER HILLER: But I think -- Page 102 June 24, 2014 CHAIRMAN HENNING: -- on, you know, gas stations or mega gas stations. COMMISSIONER HILLER: But I think the issue is is that -- we may be getting emails right now on a particular site, but there's reference to another site that has already been developed with a mega-station. So, in other words, it appears that this is one of many coming forward. And it may be that the board wants to accept, you know, that type of station in this community, or it may be that it doesn't. But I think we need to know, you know, what our legal rights are and how we can address it regard -- how we can address this issue regardless of which path we take. CHAIRMAN HENNING: Commissioner Coyle, Commissioner Fiala. COMMISSIONER COYLE: There's another question that, perhaps, we could answer and provide us with sufficient guidance, and that's the question, do we have sufficient discretionary authority to disapprove a gas station that is considered to be incompatible with the existing neighborhood or community? MR. KLATZKOW: It's going to depend upon the zoning. You have far more on a rezoning. That's where one of the criteria come in. But if you've got straight zoning, and that is a permitted right -- COMMISSIONER HILLER: You can't. MR. KLATZKOW: -- it never even comes to you. COMMISSIONER HILLER: And that's, you know, the issue that we always face with these kind of situations. COMMISSIONER COYLE: Then I think we need some information on a moratorium. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: I totally agree. I've already called upon Nick; I've put it in writing as well as spoken to him a couple times, and I've also spoken to the county attorney. We do have an Page 103 June 24, 2014 aging zone -- we do have aging zoning laws in place right now. They -- when they were put in place 20, 25 years ago, nobody ever even had heard of a gargantuan gas station. It was never even in the thought process, especially when the C4 backs right up to residential. We need to address that, and we need to address it quickly and bring our zoning rules into place for the LDC. So maybe -- you know, if you feel that a moratorium can be put in place until we get that job done and if it's legally permissible, maybe we should consider that. MR. KLATZKOW: Well, it's not just gas stations, though. I mean, if you're talking about impacts on -- CHAIRMAN HENNING: Wal-Mart. MR. KLATZKOW: Exactly, Wal-Mart. If you're talking about impacts on residential neighborhoods, it's -- there's a whole galaxy of intensified uses out there -- COMMISSIONER FIALA: That's right. MR. KLATZKOW: -- that your Land Development Code never thought about 20, 30, 40 years ago. COMMISSIONER FIALA: That's exactly right. Some of them -- for instance, there's one that's being built in an ideal spot right on Airport Road. It's a great big mega-station, right? It doesn't bother a soul because it's good for business, it's in a location where businesses/industries can get to it easily, and it's -- it's in a fine location. Whereas, when it's backed right up to -- I mean, at the edge of their property line are residential neighborhoods, and it will affect them -- and I'm talking 24 hours a day, sounds, noises, beep, beep, beeping of the backup delivery trucks all night long, that's a whole horse of a different color. And we need to address that for them. This is what we commissioners are here for, to protect our community, to protect our residents, and at the same time, to work with businesses. And I think we can do that, and we can put together Page 104 June 24, 2014 a sensible way of addressing this that will answer the needs in both of those areas. But we need to get it done quickly. MR. KLATZKOW: And what you're getting at is your straight zoning areas, not your rezones. COMMISSIONER HILLER: Right. MR. KLATZKOW: Your straight zoning areas. And what you're really saying is that, okay, it used to be for C3 zoning we would allow these types of uses. Well, instead of that, you're now going to have to be in C4 for these types of uses. That's really what you're saying. You're saying -- you've moving permitted uses from one zoning district into a different zoning district. COMMISSIONER HILLER: Or, alternatively, as a conditional use. MR. KLATZKOW: Or alternatively as a conditional use. But that's going to take your staff a lot of time to go through and analyze. I mean, there's a difference between six lanes on Pine Ridge Road and, you know, East Tamiami Trail right now. CHAIRMAN HENNING: No, there is no difference. Both of them are six-lane. We have a time-certain at 1 :30. MR. OCHS: Yes, sir. CHAIRMAN HENNING: We're going to -- COMMISSIONER FIALA: You have somebody. CHAIRMAN HENNING: Yeah, like it was said, we have a time-certain at 1 :30. We're going to suspend public comments until after we're done with that, okay. Leo? Item #9B AN ORDINANCE AMENDING ORDINANCE NO. 2001-09, THE PINE RIDGE CENTER WEST PLANNED UNIT DEVELOPMENT Page 105 June 24, 2014 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, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - WITHDRAWN BY THE PETITIONER'S AGENT DURING THE MEETING MR. OCHS: Mr. Chairman, Item 9B requires ex parte disclosure be provided by commission members, and all participants are required to be sworn in. This is a 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 new use -- excuse me -- a permitted use new- and used-car dealerships, and providing an effective date. The subject property consisting of 8.87 plus-or-minus acres is located south of Pine Ridge Road and east of Livingston Road in Section 18, Township 49 south, Range 26 east, Collier County, Florida. CHAIRMAN HENNING: Okay. Anybody or all wanting to participate in this discussion, would you please rise, raise your right hand, and allow the court reporter to swear you in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN HENNING: Okay. Ex parte communication by board members, starting with Commissioner Nance. COMMISSIONER NANCE: Yes, Mr. Chairman. I have reviewed the staff report on this item, I've had meetings with Mr. Pires, Mr. Anderson, Mr. Richter, and Mr. Pezeshkan on this item. CHAIRMAN HENNING: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yes. I have had -- I've reviewed Page 106 June 24, 2014 the staff report, I've had meetings with Mr. Casalanguida, I've had emails, and I've had calls, I think, with everybody. No, actually I haven't had any calls with Mr. Pires, but he did send correspondence to me regarding his client. CHAIRMAN HENNING: I received an email from Tony, I met with Mr. Anderson, Mr. Pezeshkan, Junior and Senior, Mr. Richter. I spoke to staff about this, and I think that's the only correspondence I have. The rest of it's in my communications file. Commissioner Fiala? COMMISSIONER FIALA: Yes. I, too, had meetings, correspondence, emails, and a staff report. I have spoken to staff, actually, a few times on this. Staff meeting, not only people in growth management but also our county manager and our county attorney. I've talked with Fred Pezeshkan and with Garrett Richter, I've also spoken to Bruce Anderson on a couple of occasions, plus I called him. I also spoke with Tony Pires and -- gosh, I can't remember who else was in the room. But, anyway, I did speak with more, but I've got them all in my file just in case I've forgotten to mention somebody. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Yeah. I met with all those people, too. They make all the rounds. So I've talked with them, and I read the staff reports. I have emails and correspondence, and it's all in my correspondence file. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: Can I? I have to restate my statement, because I thought I spoke to everyone. But based on all the people you spoke to, I spoke to fewer people than you. So I have to retract my statement, because I spoke to Bruce Anderson, Garrett Richter, Fred Pezeshkan, Jane with Agnoli Barber, Rick with Agnoli Barber, and that's it. CHAIRMAN HENNING: Okay. Mr. Anderson, do you have any ex parte communication you'd like to give? Page 107 June 24, 2014 MR. ANDERSON: I believe you-all have covered it sufficiently. Thank you. CHAIRMAN HENNING: All right. MR. ANDERSON: Good afternoon, Mr. Chairman and Commissioners. My name is Bruce Anderson from the Roetzel & Andress law firm. In 2010 our client, Robert Germane, Germane Real Estate Company, LLC, purchased Tracts B and E in the Pine Ridge Center West PUD from the Pine Ridge Investors, LLC, for the sole purpose of constructing a new-car dealership on the property. The Pine Ridge Center West PUD is located in an interstate interchange activity center which is intended to allow for this type of use. It is a highly sought after location in the industry with easy access to the highway. The proposed use of this property as a new-car dealership was acknowledged by Pine Ridge Investors of Naples, LLC, prior to the purchase. In 2011 my client brought the Pine Ridge Center West PUD amendment application forward. The application went through the neighborhood information meeting process, the Planning Commission twice. A second Planning Commission hearing was scheduled after a meeting with the First National Bank of Gulf Coast Executives on the east side of the building to work out any issues per the direction of the Planning Commission. It was then scheduled on the Board of County Commissioners' agenda. Due to the auto industry market conditions, our client made a decision to withdraw the item and wait for market conditions to improve. Prior to withdrawal, our team and our client made multiple attempts to work out any objections with neighboring property owners to the east, First National Bank of the Gulf Coast. I, personally, was not involved with the project at that time. Page 108 June 24, 2014 In April 2011 we received a no-objection letter from Kraft Office Center, LLC. The Brynwood PUD, which is just west of our site, was under PUD zoning review at the time that the application was withdrawn. They had attempted to include new-auto dealerships in their PUD application submittal and, in fact, it was filed that way. The Brynwood PUD's use for auto sales was contingent if the Pine Ridge Center West PUD amendment was approved for an auto dealership, since the Brynwood PUD is located outside the activity, unlike my client's property. During the past few years, the market has improved. In July 2013 my client requested from Pine Ridge Investors of Naples, LLC, an extension on the time period in which Germane Real Estate Company, LLC, had to initiate improvements on the property, which was granted. Also, in 2013, our client decided to bring the application forward again since the market seemed to be improving. We submitted our application, notified all surrounding neighbors, had the neighborhood information meeting, and received a unanimous vote of the approval from the Planning Commission. Our application incorporated all of the concessions from a 2011 PUD amendment submittal along with additional concessions that came out of the most recent neighborhood information meeting and the Planning Commission meeting, along with adding additional buffers along the Brynwood PUD side. During this submittal, current submittal, we have received objections from the First National Bank of the Gulf Coast, C12 Bank, which owns or controls the Brynwood PUD, and Pine Ridge Investors of Naples, LLC, who sold our client the property with the knowledge and intention of constructing a new-auto dealership on the site. Our team has reviewed all of the objections, and we strongly disagree with all of them. This petition was continued multiple times not because of our client, but because your staff requested it. Page 109 June 24, 2014 Our client has been more than patient with bringing his petition forward for County Commission review. Staff has recommended approval of this petition consistently. We have to remember that this property is in an interstate interchange activity center, not a high-end office park, which was stated numerous times in previous hearings and meetings. Our understanding is that the First National Bank of the Gulf Coast was presented a concept plan of an office park when they purchased their property, but the Pine Ridge Center West PUD has many approved commercial uses in the existing approved PUD. Also, all of the allowed uses stated in the prospectus were presented to the purchasers of the Pine Ridge Center PUD and Pine Ridge Center West PUD. For example, in the subject PUD, an auto parts store, lawn and garden supply, lawnmower repair, contractors' offices, and tire stores are all uses which are permitted as a matter of right. With this said, our client would like to respectfully withdraw this petition and pursue a development consistent with one or more of the existing approved PUD uses. Thank you for your time. CHAIRMAN HENNING: Wait. Are you saying you're withdrawing this petition? MR. ANDERSON: Yes, sir. CHAIRMAN HENNING: So, really, there's no need for any more discussion. MR. ANDERSON: No. CHAIRMAN HENNING: There's no vote. There's nothing. MR. ANDERSON: Thank you very much. MR. MILLER: I do have registered public speakers for the item, sir. MR. KLATZKOW: But there's no item. CHAIRMAN HENNING: We don't have an item. Page 110 June 24, 2014 MR. MILLER: Yes, sir. COMMISSIONER COYLE: How can we get everybody to do this? Try to use oil. CHAIRMAN HENNING: Like the barber says, who's next? Item #9A AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE - GENERAL PROVISIONS, INCLUDING SECTION 1 .08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTIONS FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.05 CRITERIA FOR REMOVAL OF PROTECTED VEGETATION, SECTION 3.05.07 PRESERVATION STANDARDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.01 .02 KITCHENS IN DWELLING UNITS, SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.03 SPECIFIC STANDARDS Page 111 June 24, 2014 FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, SECTION 4.02. 16 DESIGN STANDARDS FOR DEVELOPMENT IN THE BAYSHORE GATEWAY TRIANGLE REDEVELOPMENT AREA, SECTION 4.06.02 BUFFER REQUIREMENTS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.03.02 FENCES AND WALLS, EXCLUDING SOUND WALLS, SECTION 5.03.03 GUESTHOUSES, SECTION 5.03.05 CARETAKER RESIDENCES, 5.04.04 MODEL HOME AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.06.00 SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION, SECTION 5.06.02 DEVELOPMENT STANDARDS FOR SIGNS WITHIN RESIDENTIAL DISTRICTS, SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS, SECTION 5.06.05 EXEMPTIONS FROM THESE REGULATIONS, SECTION 5.06.06 PROHIBITED SIGNS, SECTION 5.06.09 NONCONFORMING SIGNS; CHAPTER SIX - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.06.02 SIDEWALKS, BIKE LANE AND PATHWAY REQUIREMENTS; CHAPTER NINE - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SECTION 9.03.03 TYPES OF NONCONFORMITIES; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.08 REQUIREMENTS FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS, SECTION 10.02. 13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 REQUIRED METHODS OF PROVIDING PUBLIC NOTICE, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; SECTION FOUR, ADOPTION OF AMENDMENTS Page 112 June 24, 2014 TO THE COLLIER COUNTY ZONING ATLAS, MORE SPECIFICALLY AMENDING THE FOLLOWING: ZONING MAP NUMBER 0502S TO REZONE VARIOUS PROPERTIES LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD (SR-84) FROM AIRPORT-PULLING ROAD (CR-31) WEST TO THE NAPLES CITY LIMIT, FROM C-4 GENERAL COMMERCIAL AND C-5 HEAVY COMMERCIAL TO C-4- GTMUD-MXD AND C-5-GTMUD-MXD (GATEWAY TRIANGLE MIXED USE OVERLAY DISTRICT - MIXED USE SUBDISTRICT); SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATE - MOTION TO CONTINUE (WITHOUT LDC SECTION 5.04.05 AMENDMENT) TO THE JULY 8TH BCC MEETING FOR THE SECOND PUBLIC HEARING — APPROVED MR. OCHS: Item 9A would be next, Mr. Chairman. That is a recommendation to consider a series of Cycle 1 amendments to your Land Development Code. CHAIRMAN HENNING: What item are we going to, County Manager? MR. OCHS: This is 9A, sir. COMMISSIONER COYLE: 9H? MR. OCHS: 9A; 9 alpha. COMMISSIONER COYLE: Nine alpha. CHAIRMAN HENNING: Your Land Development Code. MR. OCHS: These are amendments to your Land Development Code. Ms. Caroline Cilek will present. MS. CILEK: Good afternoon. It's so nice to see you so early this afternoon. Caroline Cilek, land development coordinator with the growth management division. Page 113 June 24, 2014 And I'm here to present the 2014 LDC Amendment Cycle Level 1 amendments. Many of these amendments originate from the prioritized list that was approved by the board last October. Not all of the amendments identified as Level 1 are ready for adoption today, but we will be returning in the next amendment cycle. There is an agenda in your LDC binders, and I will be presenting amendments by category as listed in the agenda. At the end of my presentation of the LDC amendments, I do have a brief PowerPoint that I would like to pull up and talk about regarding temporary markets. Because we are proposing changes to the permitted, conditional, and prohibited uses of several zoning categories, the Land Development Code requires that amendments are considered at two board hearing dates. To fulfill this requirement, I will be back on July 8th to present the amendments for the second hearing. If it pleases the board, I will begin with the agenda and provide a brief description of each amendment, answer any questions, and then request a vote for each amendment. May I proceed? COMMISSIONER COYLE: Can we approve all of them at one time? COMMISSIONER HILLER: Yeah. Well, that's my question. Do we have to have a discussion on each individual amendment and a presentation? I mean, everything is clearly documented. MR. KLATZKOW: No. The primary purpose of having multiple hearings is for the public to appear. COMMISSIONER HILLER: For public input? MR. KLATZKOW: Yes. You could just, in one motion, accept all of them. COMMISSIONER HILLER: Do we have to have a presentation on each amendment'? MR. KLATZKOW: No, ma'am. Page 114 June 24, 2014 CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: Okay. I think it's important that we allow the public to speak. MS. CILEK: I can also present the amendments by category and highlight several, if you have -- and answer any questions if you have any. COMMISSIONER HILLER: Well, my concern is I want to hear from the public. MS. CILEK: Okay. COMMISSIONER HILLER: So, I mean, I've read the material. I don't need to hear you repeat what I've read. MS. CILEK: Okay. COMMISSIONER HILLER: And it's all in our backup. MS. CILEK: It is. COMMISSIONER HILLER: I mean, I'd like to hear whatever the public has to say. That's what the purpose of the hearing is. CHAIRMAN HENNING: Commissioner Nance, are you okay waiting for the public? COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: Okay. Troy? MR. MILLER: We have two registered speakers. Your first speaker is Bruce Anderson, and he'll be followed by Anthony Pires. CHAIRMAN HENNING: They're gone. MR. ANDERSON: I thought that we might hear from the staff before you went to the public speakers. COMMISSIONER HILLER: I want to hear from you, because I didn't get to hear from you. I was expecting to have at least two hours of the sound of your voice. MR. ANDERSON: You will have another opportunity this afternoon. COMMISSIONER HILLER: Okay. MR. ANDERSON: Let's hold that thought. Page 115 June 24, 2014 CHAIRMAN HENNING: Bruce, you want to compose yourself first? MR. ANDERSON: No, no. I didn't think you were calling public speakers already. I'll waive my time. CHAIRMAN HENNING: Are you waiving your time? MR. ANDERSON: Yeah. I wanted to hear what staff had to say before I spoke. CHAIRMAN HENNING: Okay. You're waiting till afterwards to make your decision whether you want to speak? MR. ANDERSON: Yes, sir; yes, sir. Thank you. CHAIRMAN HENNING: Okay. Is that true with Tony, too? MR. PIRES: Yes. COMMISSIONER FIALA: I never saw a lawyer come up to a microphone before and say "I'll waive my time for now." MR. PIRES: And Bruce and I together at the same time. COMMISSIONER COYLE: I see you didn't say you're going to waive your fee. MR. ANDERSON: No. I mean, am I going to be given the opportunity to speak after staff? CHAIRMAN HENNING: Absolutely. MR. ANDERSON: Thank you. COMMISSIONER HILLER: Except -- COMMISSIONER COYLE: I have a question. MR. ANDERSON: Yes, sir. COMMISSIONER COYLE: Do you agree or disagree with the recommendations here? And if you disagree, how are you going to express that disagreement if you don't do it before we vote? CHAIRMAN HENNING: We didn't say that. MR. ANDERSON: Well, I'm hoping that I will have the opportunity to be sandwiched in somewhere between the end of the staff presentation and your vote. MR. KLATZKOW: But if they just make a motion to accept, Page 116 June 24, 2014 you're done. You're not going to hear from staff. COMMISSIONER NANCE: And the presentation will be over. COMMISSIONER HILLER The point being is that what we had said, Bruce -- what I had said was -- I mean, we have reviewed the material. MR. ANDERSON: Okay. COMMISSIONER HILLER: The purpose of this hearing is to hear from the public, not to hear from staff to just repeat what's written, so -- MR. ANDERSON: Okay. COMMISSIONER HILLER: That's why I suggested that we do the public comment, because it's the most important part, which is why we invited the public speakers to come up and speak at this time. MR. ANDERSON: Okay. Thank you. COMMISSIONER HILLER: Would you like to speak? MR. ANDERSON: No. I waive my -- thank you. MS. CILEK: If I may, is there any questions that you have about one of the amendments? And I can provide information. MR. ANDERSON: Thank you. That will be great. I'll be in touch. MS. CILEK: Oh, okay. MR. PIRES: I have nothing further to add also either. Accept all the changes. CHAIRMAN HENNING: I have questions on one of the items, and that is the special events. Is that what -- I'm probably not saying that right. MR. DURHAM: Temporary events. COMMISSIONER NANCE: Temporary events. CHAIRMAN HENNING: Temporary events. MS. CILEK: Temporary markets? CHAIRMAN HENNING: You know, in my opinion we need to separate this issue. We're getting more -- some of them are more like Page 117 June 24, 2014 a flea market or something that should be an established business within a commercial zone in a building, and then we've got the issue of farmers' markets. MS. CILEK: Sure. CHAIRMAN HENNING: Those issues -- that issue, or that amendment, all that, I don't agree with the Planning Commission's recommendations. MS. CILEK: Okay. CHAIRMAN HENNING: All that, I would like to put it in abeyance and give staff direction to take a look at, A, what's a farmers' market, and what's the appropriate places and how many of them and -- versus a flea market to where they're selling clothes, Avon, trinkets, so on and so forth, and where should that be permitted and, if we're going to do it on a temporary use or whatever, that should be addressed. So that amendment I would like to move out. And Commissioner Nance is in favor of that, Commissioner Fiala's in favor. So you have a majority of that, to do that. Otherwise, I'm okay. COMMISSIONER NANCE: Mr. Chairman, I would make a motion that we approve the amendments allowing designated ones to be continued by the board for further discussion and development so we can move this forward. CHAIRMAN HENNING: Yes. And -- COMMISSIONER NANCE: And I would propose that we -- that we remove temporary events, 5.04.05, as an item that I would like to see removed and maybe brought back under a separate agenda item for additional consideration as well. CHAIRMAN HENNING: Correct. Separate land development, whether it be special or the second cycle. MS. CILEK: Okay. COMMISSIONER FIALA: And I have some questions. If they're answered, I can go along with approving all the rest of them. Page 118 June 24, 2014 CHAIRMAN HENNING: Okay. We're going to recognize the motion, and I'm going to second the motion for discussion and then go to Commissioner Fiala for questions. COMMISSIONER FIALA: Thank you. Just a few simple questions, actually. Commissioner Henning nailed one right on the head, and that is the flea markets versus the farmers' markets or the combination of the two, and I totally agree with everything he had to say about that. But I had some other questions and just one little notation. On Page 81 over here on one, two, three, four -- the fourth bullet down it says "vegetation retention requirement of two acres or led," and I think you mean "or less" from the criteria. You just need to -- MS. CILEK: May I ask what LDC amendment again? COMMISSIONER FIALA: Pardon me? CHAIRMAN HENNING: Which number? COMMISSIONER FIALA: That's 3.5.7 -- or 3.05.07, and I just thought you might want to just make sure that people understand that. MS. CILEK: Sure. CHAIRMAN HENNING: Commissioner Fiala's looking at the summary. COMMISSIONER FIALA: Yeah. MS. CILEK: Oh, okay. Gotcha. COMMISSIONER NANCE: Preservation standards. COMMISSIONER FIALA: Yes. And it's just two acres or less, just to correct that. And then on Item No. 3.05.02, now we're talking about vegetation requirements for -- rather, requirements for vegetation protection, and I was just wondering, it says, "add additional exemptions to vegetation removal permit." And I didn't know what kind of exemptions, and I wanted to know also, remove the requirement for replacement with native vegetation. I didn't know -- MS. CILEK: Sure. Page 119 June 24, 2014 COMMISSIONER FIALA: Wouldn't we want to make sure that there was good vegetation following bad vegetation or what? MS. CILEK: And I'm going to let Steve Lenberger, with the natural resources department, answer your questions. He's the author of the amendment. COMMISSIONER FIALA: Thank you. Okay. I have a couple more. MR. LENBERGER: Stephen Lenberger, natural resources department. The one criteria for vegetation removal was replacing -- when you remove nonnative vegetation, replacing it with native vegetation. The only time we require that is when you're in a preserve, and that's done through a preserve management plan, to have a homeowner -- for example, out in the Estates, you move an area of Melaleuca and forcing to plant with vegetation. That's -- we're removing that. COMMISSIONER FIALA: Very good. Thank you. That helps me an awful lot. I appreciate that. And let's see. That one was already answered by staff. And here are two that kind of stick with me, and it's a little bit odd. 2.03.03, commercial zoning districts. And in this particular one it says, in order to provide -- what they want to do is add uses to respective commercial zoning in order to provide additional flexibility, and we're just dealing with some very flexible things right now that are distasteful in some neighborhoods. And I'm thinking I don't want to give any more flexibility when -- you know, if this is just one subject, fine, but with this particular one, we might be giving too much flexibility so that neighborhoods won't even be able to protect themselves. MS. CILEK: Do you have a specific concern about the amendment regarding a -- COMMISSIONER FIALA: I'm sorry? MS. CILEK: Do you have a specific concern about a use we're Page 120 June 24, 2014 proposing to add or a general question about -- COMMISSIONER FIALA: I just wanted to -- do we really need to add additional flexibility? COMMISSIONER HILLER: Didn't you list, like, additional uses that might be considered? MS. CILEK: Yes. COMMISSIONER HILLER: So it's not your -- they're not giving blanket -- MS. CILEK: Correct. COMMISSIONER HILLER: It's just limiting it to certain types of uses that have been found to be in demand. This was where -- we had a situation where we're getting the same requests over and over for changes to certain areas with the same types of uses, so just incorporating that into those types of zoning segments. COMMISSIONER FIALA: Yeah, but -- COMMISSIONER HILLER: It doesn't consider the gas stations. It would have no impact on that. COMMISSIONER FIALA: I want them to tell me that it doesn't do that. COMMISSIONER HILLER: Can you please state -- can you please -- excuse me. MR. OCHS: Yes, go ahead, ma'am. COMMISSIONER HILLER: Could you please state on the record that this does not allow for those mega-stations, that this is not allowing flexibility for those mega-station. COMMISSIONER FIALA: Well, not only mega-stations, but anything else also that might -- you know, this is to add uses to respective commercial zoning districts within the conditional-use section in order to provide for additional flexibility within zoning district -- MS. CILEK: Right. COMMISSIONER FIALA: -- use categories. Page 121 June 24, 2014 COMMISSIONER HILLER: But you still have conditional-use approval requirement of certain types of uses that keep recurring, but it's not going to create -- COMMISSIONER FIALA: Just as long as we're not opening up another door and then further allowing things -- you know, we have to also be protective, and I just wanted to make sure -- that then somebody will say, well, you know, it's already allowed. We don't even need to ask you for permission. MS. CILEK: Two important things. We're adding uses to the conditional-use section. So as Commissioner Hiller noted, these will go through a public vetting process. COMMISSIONER HILLER: We have to vote on it. MS. CILEK: And then second, in addition to adding a use to the conditional-use section of that category, zoning district category, we've identified additional standards for the reviewing and the approving agency to look at. So these are under extra scrutiny, those that we've added. COMMISSIONER FIALA: Some of these -- some of these, like, for instance, we'll just mention large gas stations. They don't even have to go for approval because they're already approved because there's -- the C-4 would include them. I'm afraid that something like this will also happen in other categories. Not particularly gas stations; anything. MS. CILEK: No. Those are permitted uses by right. COMMISSIONER HILLER: This is not permitted by right. MS. CILEK: These are -- we're adding conditional uses, so these do require the public process. COMMISSIONER HILLER: And they require a supermajority vote. COMMISSIONER NANCE: Chairman? COMMISSIONER FIALA: Okay, okay. And then here further on down, 2.03.03, commercial zoning districts again. It says -- and Page 122 June 24, 2014 they're talking about C2, C3 permitted use with equal or greater square footage without the need for a conditional-use application. I just worry about how -- it's great that we're flexible, but how much do we give before we start kicking ourselves in the foot? MR. BOSI: Mike Bosi, the director of planning and zoning. Last year -- this is -- that particular amendment was directed by the Board of County Commissioners. It was related to Rex Electronics' building. COMMISSIONER FIALA: Oh, yeah. MR. BOSI: It was a square-footage limitation -- COMMISSIONER FIALA: That was a good thing. MR. BOSI: -- for retail within the C3 zoning district. We said for existing structures it makes no sense. It's already been amortized at impact to the neighborhood; therefore, existing structures can move forward beyond those express limitations. COMMISSIONER FIALA: But that's just for that particular one? MR. BOSI: Yeah. That was the use that was directed by the board. COMMISSIONER FIALA: But it doesn't -- then doesn't lend itself to every other same situation? MR. BOSI: No. It's specifically unique to that situation of existing structures -- of existing structures with the existing uses that have the square-foot limitations and exemptions. COMMISSIONER FIALA: Not just for West, but for anybody? MR. BOSI: Yes. COMMISSIONER FIALA: Anything? MR. BOSI: Yes. MS. CILEK: Existing structures. COMMISSIONER FIALA: I'm afraid we're getting ourselves into a mess. CHAIRMAN HENNING: Okay. You done? Page 123 June 24, 2014 COMMISSIONER NANCE: Thank you. CHAIRMAN HENNING: All right. There's -- any further discussion on -- MS. CILEK: I just wanted to know -- I did prepare a presentation on temporary markets, but if you believe your direction will put forward an LDC amendment, we'll work on that. Just wanted to let you know -- CHAIRMAN HENNING: It sounds like the majority of the commissioners have talked to -- MS. CILEK: Okay. CHAIRMAN HENNING: -- staff. MS. CILEK: Great. COMMISSIONER FIALA: And this is coming back to us. I've talked with staff also. MS. CILEK: Perfect, yes. COMMISSIONER FIALA: And so right now afterwards -- although I've already spoken with staff, two members actually, different members, I should get to do that again one more time, but it will come back. So you'll -- I mean, we talked about it before, but just -- I need some assurance. Thank you. MS. CILEK: Sure. CHAIRMAN HENNING: Okay. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Page 124 June 24, 2014 MS. CILEK: Thank you, all. CHAIRMAN HENNING: Next item? Item#8A RESOLUTION 2014-140: A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW FOOD STORES WITH GREATER THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE (GROUPS 5411-5499); PERMITTED FOOD SERVICE (5812, EATING PLACES) USES WITH MORE THAN 6,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE; AND PERMITTED PERSONAL SERVICES, VIDEO RENTAL OR RETAIL USES (EXCLUDING DRUG STORES - 5912) WITH MORE THAN 5,000 SQUARE FEET OF GROSS FLOOR AREA IN THE PRINCIPAL STRUCTURE, WITHIN A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT PURSUANT TO SUBSECTION 2.03.03.C. 1 .0 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE NORTH SIDE OF U.S. 41, EAST OF THE COLLIER BOULEVARD (C.R. 951) AND U.S. 41 INTERSECTION, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA - ADOPTED W/STIPULATIONS MR. OCHS: Yes, sir. That takes us to Item 8A. This also is an item that requires ex parte disclosure and swearing of witnesses. It's a recommendation to approve a resolution providing for the establishment of a conditional use to allow food stores with greater than 5,000 square feet of gross floor area in the principal structure, permitted food service uses with more than 6,000 square feet of gross floor area in the principal structure, and permitted personal services, Page 125 June 24, 2014 video rental or retail uses with more than 5,000 square feet of gross floor area in the principal structure within a commercial intermediate C3 zoning district pursuant to Subsection 2.03.03.C.1.c of the Collier County Land Development Code for property located on the north side of U.S. 41, east of Collier Boulevard and U.S. 41 intersection. CHAIRMAN HENNING: Ex parte communication by board members. Commissioner Nance? COMMISSIONER NANCE: Mr. Chairman, I have read the staff report. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I read the staff report, I spoke to Bruce Anderson, and I spoke to Nick Casalanguida. CHAIRMAN HENNING: I spoke to staff on that. Commissioner Fiala? COMMISSIONER FIALA: Yes. I've had correspondence, I've had telephone calls, I've spoken with Bruce Anderson, and I've also spoken with staff as well as read the staff report. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: I met with Bruce Anderson on June the 23rd, and I've read the May the 15th, 2014, staff report. I've also received some correspondence concerning this issue. And that's pretty much it. CHAIRMAN HENNING: Troy, do we have any public speakers? MR. MILLER: I do not have any registered speakers for this item. CHAIRMAN HENNING: Commissioners, this item, the staff is recommending approval, the Planning Commission unanimously is recommending approval. The only reason that it's on a regular agenda is because there was one objection; however, that -- there's no public speakers on this item. COMMISSIONER NANCE: Mr. Chairman, I move approval. Page 126 June 24, 2014 COMMISSIONER FIALA: Second. CHAIRMAN HENNING: So I'm going to closing the public hearing, and Commissioner Nance makes a motion to approve, seconded by Commissioner Fiala. COMMISSIONER HILLER: I just want to get one thing clearly on the record, if I may. CHAIRMAN HENNING: Yes, you may. COMMISSIONER HILLER: Thank you. I just want to confirm that what we are doing here is not increasing the intensity. We're just allowing for a reallocation of the approved intensity within this project so that they can have units that are larger. CHAIRMAN HENNING: And that would have to be a question for staff to answer. MS. GUNDLACH: Do we need to be sworn in? CHAIRMAN HENNING: You're going to be sworn in. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN HENNING: Don't say a word, Bruce, and we won't swear you in. You know, I'm doing this because of your previous item, how kind you were to us. MS. GUNDLACH: Good afternoon, Commissioners. We are not increasing the intensity. COMMISSIONER HILLER: Thank you. MS. GUNDLACH: Just the square footage. CHAIRMAN HENNING: Any other questions? MR. ANDERSON: I do have one item that Commissioner Fiala had spoken to me about that I need to put on the record. CHAIRMAN HENNING: For this item? MR. ANDERSON: Yes, sir. CHAIRMAN HENNING: Do you need to be sworn in? (The speaker was duly sworn and indicated in the affirmative.) MR. ANDERSON: Commissioner Fiala and fellow commissioners, there are two other prohibited uses that we are adding. Page 127 June 24, 2014 We will prohibit pawn shops and, in addition to already prohibiting the sale of adult merchandise, nor shall we allow any rentals. COMMISSIONER HILLER: Any what? MR. ANDERSON: Rentals. CHAIRMAN HENNING: Rentals of what kind? MR. ANDERSON: Of adult merchandise. COMMISSIONER NANCE: No new- and used-auto sales, sir? COMMISSIONER COYLE: What adult merchandise do you rent? COMMISSIONER HILLER: So no -- so, wait a minute. Wait a minute. MR. ANDERSON: That's a question for staff. COMMISSIONER HILLER: So, I mean -- Bruce, no new and used adult merchandise? No new and used adult merchandise. COMMISSIONER FIALA: And they don't mean used. They possibly mean rental -- MR. ANDERSON: No new or rental. COMMISSIONER HILLER: Rental. Just checking. COMMISSIONER FIALA: It's a bad crowd. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Okay. Commissioner Nance, you want to include those prohibitions in your motion? COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: Commissioner Fiala, do you want to approve those in your second? COMMISSIONER FIALA: Yes. CHAIRMAN HENNING: I think we're going to let that one lie and just vote on the motion. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Page 128 June 24, 2014 COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) COMMISSIONER HILLER: And I actually commend -- CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER HILLER: I commend the petitioner for including those limitations. Thank you. MR. ANDERSON: Thank you. Item #9D ORDINANCE 2014-25: AN ORDINANCE AMENDING ORDINANCE NO. 07-71, AS AMENDED, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO APPROVE THE EXCAVATION AND OFF-SITE HAULING OF 1 ,050,000 CUBIC YARDS OF FILL; TO INCREASE THE SIZE OF THE PRESERVE TRACT AND ADD PERMITTED USES; TO AMEND THE RPUD MASTER PLAN AND TO PROVIDE FOR AMENDMENTS TO LIST OF DEVELOPER COMMITMENTS; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ONE MILE NORTH OF U.S. 41 AND 1-1/2 MILES EAST OF COLLIER BOULEVARD (CR 951) IN SECTION 1 , TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688+/- ACRES (THIS IS A COMPANION TO AGENDA ITEM #11B) - MOTION TO APPROVE W/CCPC RECOMMENDATIONS AND THE STIPULATION THAT 750,000 CUBIC YARDS OF FILL IS HAULED OFF-SITE VIA GREENWAY ROAD AND REMAINING 350,000 YARDS REMOVED USING AN ALTERNATIVE ROUTE — ADOPTED Page 129 June 24, 2014 MR. OCHS: That moves us to Item 9D, Mr. Chairman. This item also requires ex parte disclosure to be provided, and all participants are required to be sworn in. This is a recommendation to approve an ordinance amending Ordinance No. 07-71, as amended, the Naples Reserve Golf Club residential planned unit development, to approve the excavation and off-site hauling of 1,050,000 cubic yards of fill, to increase the size of the preserve track, and add permitted uses to amend the RPUD master plan and to provide for amendments to list of developer commitments, and providing an effective date. The subject property is located one mile north of U.S. 41 and one-and-one-half miles east of Collier Boulevard in Section 1, Township 51 south, Range 26 east, Collier County, Florida, consisting of 688 plus-or-minus acres. This is a companion item to agenda Item 11B, which will be heard immediately after this item. CHAIRMAN HENNING: Okay. We're going to swear anybody and all that want to participate in this item. Would you please rise and raise your right hand. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN HENNING: Commissioner Coyle, do you have any ex parte on this item? COMMISSIONER COYLE: Just that I've read the staff report dated May the 14th, 2014. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I have certainly read the staff report. I've spoken to staff about it. I've met with Rich Yovanovich with the gentleman sitting next to him, but I can't remember your name; I'm so sorry. But I spoke to you anyway. I've had some correspondence, and I've spoken also to some Planning Commissioners about this. CHAIRMAN HENNING: I've spoken to staff on that. That's the only ex parte I have. Page 130 June 24, 2014 Commissioner Hiller? I think you gave your ex parte communication in the beginning. COMMISSIONER HILLER: I did. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. I have read the staff report and met and talked several times with Mr. Yovanovich on this item. COMMISSIONER COYLE: Mr. Chair? CHAIRMAN HENNING: Yes, sir. COMMISSIONER COYLE: I failed to note that I also had met with the petitioner, Mr. Yovanovich, concerning this item. CHAIRMAN HENNING: Okay. Go ahead; proceed. MR. MULHERE: Thank you, Mr. Chairman. For the record, my name is Bob Mulhere with Hole Montes. I'm here this afternoon on behalf of the applicant. Also with me this afternoon -- COMMISSIONER FIALA: I'm sorry. I met with you, too; sorry. MR. MULHERE: Oh, that's okay. You did meet with me. You forgot me -- is Don Mears, who's with iStar; and Rich Yovanovich who's the Land-use Attorney on the project; Emilio Robau, directly behind me, is the Civil Engineer; and behind him is Norm Trebilcock, who is our Transportation Consultant. I'll do a brief presentation, and then I'd like to ask Emilio to come up and discuss a little bit about the operational aspects that are kind of part and parcel of this application. They relate more to the excavation permit, but I think it's all part and parcel; they're companion items. The primary amendment here -- there were some other changes to the PUD that were requested by staff which we've made, and they're textual changes, but the significant change that we've requested is to increase the amount of fill that could be excavated off site, fill materials, by 650 cubic yards, for a total of 1,050,000 cubic yards. Presently, the PUD allows for 400,000 cubic yards to be removed from the site primarily in support of the U.S. 41 widening project. Page 131 June 24, 2014 As we recognized that we would have significantly more fill -- and then also realized that there was a market for that fill very close to our project site -- we achieved a determination that it would be beneficial not only for the developer, not only for the other projects that are near us that need the fill, but for the entire community, given that they are now acquiring that fill or will be acquiring that fill from some 25, 30, 35 miles away. So this will be very, very close. And for that reason, one of the conditions we've agreed to was to limit the circumference of our delivery -- a delivery circumference limitation of no more than 10 miles from our site, although we believe most of it will be even closer than that. We had a neighborhood information meeting, and that was on April 9th. There were four members of the public in attendance. My recollection is that they were all from Reflection Lakes, which is the community that's located very -- just below us. And this is the subject site here, and this is Reflection Lakes right here below us. And the primary access to Reflection Lakes is right here, and our access point is right here. This is referred to as Reflection Lakes Boulevard. I'm sorry, Naples Reserve Boulevard; excuse me. And you can see that there's conservation lands on both sides of this entry road leading into our project. The Planning Commission heard this item and recommended approval by a vote of 6-1 . And the Planning Commission recommendation has a number of additional conditions that we've agreed to as it relates to this. I mentioned a 10-mile radius. That's one of them. I mentioned the maximum amount of fill being 1,050,000 cubic yards. We've agreed to a two-year limitation with the ability to ask for one additional year. If things are going well and we need a little bit more time, we can come back to the Planning Commission and ask for an extension of that two-year limitation. Page 132 June 24, 2014 We've agreed to hours-of-operation limitations for truck hauling and for operations. We've agreed to improve Greenway Road, which will be our truck hauling route, both before we begin the excavation and also after we've completed it, and we will improve that roadway based on the design input from the staff. We've agreed to a limit -- a maximum number of fill trucks of 140 exiting trips per day. And the -- from an operational perspective, there will be no stacking of any trucks either -- on Greenway Boulevard, so everything will be internalized to our site so there will be no impacts in that respect on the roadway. As I said, the Planning Commission heard this petition, recommended approval by a vote of 6-1 . We don't have any letters of objection. The staff is also recommending approval subject to the Planning Commission recommendations. Before we conclude, I'd like to have Emilio come up and discuss the operational aspects of the excavation permit, and then we'd respond to any questions that you might have. MR. ROBAUGH: Good afternoon. For the record, my name is Emilio Robau, professional engineer here in Collier County. Let me put something up here real quick. Great. What I'm going to speak about is the companion item, which is the excavation permit that we'd like to get on the same agenda so we can, you know, work out any of the details. And what you see there is an 8-and-a-half-by-11 shrink of the 24-by-36 plan set, one of them, that goes with the excavation permit. Really what you have -- except for the export of fill off site, you have a standard development excavation permit. Our depth is 20 feet, which is allowed in accordance with the Land Development Code right now. We switched from a golf course community to a more water centric community, and that increased the size of the lakes, et cetera. As a result, we have some excess fill. We also believe that it is better Page 133 June 24, 2014 to dig deeper lakes, which gives you better water quality and clarity. That's pretty much -- Harvey Harper calculations show you that. So that's how we ended up with the amount of lake and the depth. That produced an additional resource in the form of, you know, dirt that can be shipped off site. I believe there's a significant public benefit of keeping the trucks off of the roadways of a 39-mile or 25-mile haul, not to mention the bigger public benefits of carbon footprint reduction, which a lot of people really don't talk about, but I'm not afraid to say that. I think that's a really good thing. Basically what we're trying to get is we're trying to get the source of the resource distributed as close as possible from where we're getting it. As stated, it's a million fifty (sic) cubic yards, and we'll talk a little bit about the haul road. Essentially, we did a little bit of study before we actually proposed the haul road. I actually had Greenway Road videotaped. It was on the last day or the next to the last day of school, because we wanted to make sure that we captured whatever, you know, utilization is being used by school buses, et cetera. From my memory, essentially, we saw three bicyclists, but it was actually two bicyclists. One of them came and went, and another one. That was the extent of the cycling that we had. And we had video cameras actually set up. This is before any of the submittals, even before the first submittal. We had them set up on the very south side of Greenway, at the intersection of Greenway and 41, and we had them also set up at the very north side of Greenway where it actually enters into the property. The purpose of that was to actually get a videotape record of the usage on the road and compatibility and who's actually using the road right now. The only pedestrians that we saw out there -- and I took a look at the videos -- were people that actually came to the camera to see what we were doing. So, essentially, I just want to kind of characterize what we have Page 134 June 24, 2014 in the form of video is what was being used out there. We saw a lot of-- I saw a lot of landscaping-type vehicles with trailers. So, you know, essentially the roadway is already used by truck traffic and, you know, duallies with the trailers and the type of landscaping that you see. Some of our commitments that we wanted to make upfront was essentially we wanted to do a safety enhancement, what is essentially a 20-foot-wide pavement section of Greenway Road and some rather deep drainage ditches on each side which are actually pretty essential for the area, because the area needs good drainage, the ag operations, et cetera, so we didn't want to touch that. On one side of Greenway we have some water lines that are right up next to the road. The people who had improved Greenway before us, which was the Habitat for Humanity property, did some drainage improvements. We ended up with committing to four additional feet of pavement and shoulders, although they're minimal; they're 1-foot shoulders. And that's all allowed because it's an existing condition, and we felt that it was a safety enhancement. And we're doing that prior to commencement of the hauling operation. And, essentially, after the hauling operation, we're also going to overlay the roadway to leave it in a better condition than we found it when we are -- here today. I just wanted to tack something else on that we saw in the videotape. And I actually was out there myself, not only on the tape, but I was out there looking for this. I ran out there to see when the school buses came in and out, especially for the Habitat property. And I can testify that the bus goes into the Habitat property, it has the drop off inside the Habitat property, and then it exits. So it goes in on the south side, and it exits on the north side. We kind of knew that all this was going to be important, so we tried to -- you know, to substantiate our position onto Greenway Road. Page 135 June 24, 2014 We went to a neighborhood information meeting, and I'm sure you've heard the concerns of the Reflection Lakes folks. And I don't know if I've left anything out. I'm open to questions. Oh, a couple of items, just operationally; sorry. MR. OCHS: Use the hand-held mike, if you'd like. Just turn it on and speak right into it. Get it close to your mouth. MR. ROBAU: I got it. Thank you. There's always been a concern about blasting operations, et cetera, when you do any mining or any -- even residential, and I'm pretty happy to say that all these lakes in here have already been completed, and they're the ones that are closest to, you know, the neighbors out there. This area here is our stockpile area, which is sized for approximately 660,000 cubic yards. We didn't know exactly how much was being stockpiled at any one time. That's set so that the side slopes are appropriate consistent with the Land Development Code. We have a stacking area from here to here for our vehicles. It's over a thousand feet long, so we know we can get people off of Greenway Road. And any crushing operation, which has already been a concern, is limited to this area in the very northeast corner of the property. So -- and, of course, we have a berm around the entire property, and we're going to have truck well wash-down areas, et cetera. It's standard practice. And that is the end of my presentation unless you have questions. Thank you. CHAIRMAN HENNING: Commissioner Nance, then Commissioner Fiala. COMMISSIONER NANCE: Yes, sir. Could you put the previous illustration up there which shows the -- kind of the community and the road in questions. Yes. So we have Reflection -- we have the existing community of Page 136 June 24, 2014 Reflection Lakes and then your Naples Reserve property, which is under construction now; is that correct, sir? MR. ROBAU: I'm sorry. Someone whispered in my ear. Say that again. I apologize. COMMISSIONER NANCE: Oh, okay. No whispering. We have the existing community of Reflection Lakes at present, and then we have the community under construction now, which is your Naples Reserve property, right? MR. ROBAU: Yes. COMMISSIONER NANCE: And your property extended the road, Naples Reserve Boulevard, from the westernmost entry point at Reflection Lakes north to your project? MR. ROBAU: No. That actually already existed. It's an existing -- COMMISSIONER NANCE: It existed? MR. ROBAU: Yeah. It's an existing boulevard section, yes. COMMISSIONER NANCE: Okay. But there is an entrance to Reflection Lakes on Naples Reserve Boulevard, correct? And that's about in the middle? MR. ROBAU: Yes. COMMISSIONER NANCE: Yes. And there's another entrance for Reflection Lakes where? So you have two -- you have two entrances for that community? MR. ROBAU: That's correct. COMMISSIONER NANCE: Okay. So at present it's your proposal to use Greenway Road for all of the construction traffic for the Naples Reserve project? MR. ROBAU: That's correct. Well, the majority of it certainly for trucking. COMMISSIONER NANCE: Okay. You're using it -- how much construction traffic is going to be on Naples Reserve Boulevard? MR. ROBAU: I have not done a transportation study. Norman Page 137 June 24, 2014 Trebilcock is our Transportation Engineer. But I would kind of characterize it as, you know, not truck traffic. COMMISSIONER NANCE: Like none? MR. ROBAU: I can't stand up here and say no. MR. YOVANOVICH: Commissioner Nance -- for the record, Rich Yovanovich. As we discussed, there will be minimal construction traffic on Naples Reserve Boulevard. COMMISSIONER NANCE: None? MR. YOVANOVICH: Well, I can't tell you that there won't be an occasional electrician that comes up -- COMMISSIONER NANCE: Somebody that's lost? MR. YOVANOVICH: Yeah. It will be minimal. COMMISSIONER NANCE: Okay. You know, as we discussed, Rich, my concern is the total volume of traffic on Greenway Road. And, you know, your proposal, although you have two roads into your project currently, it's my understanding that all the construction traffic is planned for Greenway Road and, additionally, all of the excavation material, which is proposed to be a million cubic yards, is going to be on Greenway Road. And my question is, you know, what can we do to give the people on Greenway Road some relief so that they're not experiencing all this traffic, which could be split or some -- in some other way reduced to not put so much traffic on a rural residential roadway that's really not prepared for it? MR. YOVANOVICH: Okay. A couple of things, if I can; just take a small step backwards. And we do have a proposal, but I don't think it's fair to characterize Greenway as a local residential road. There are some residences on Greenway, but it's also -- it also serves some pretty significant agricultural operations, and there are -- and you may have even farmed in that area at one time. COMMISSIONER NANCE: Yes. I farmed your whole project Page 138 June 24, 2014 there, sir. MR. YOVANOVICH: So there already are existing bigger trucks using Greenway, and we acknowledge that we are putting more big trucks on Greenway. COMMISSIONER NANCE: Well, that's my point. It seems like we're putting all the traffic -- MR. YOVANOVICH: We are. COMMISSIONER NANCE: -- on one road. MR. YOVANOVICH: And we are. And in exchange for that, we are giving -- we are increasing the road width to a 25 -- 24-foot-wide stabilized road to make it better than it exists today. The road has already been approved for hauling of roughly 400,000 cubic yards for the FDOT road. So we're really talking about the delta of 650,000 cubic yards. COMMISSIONER NANCE: Well, it's -- right. I understand. But it's an incremental use of the road. We started out with construction traffic -- wait a second, wait a second. We started out with construction traffic, then we added 400,000 yards of dirt, and now we're talking about another 600,000 yards of dirt to a road you already acknowledge is a busy road. So, I mean, when do we get to the point where we're unfairly utilizing this one entry road? MR. YOVANOVICH: Well, I don't think we're unfairly utilizing it because in exchange for that we are rebuilding the road ahead of time to a better road. When we're done with the road, we're going to overlay it again. So we're not just using it and saying we're not going to take care of those people around us in exchange for using the road. Be that as it may, we're also providing an overall community benefit by taking trips off the overall Collier County transportation network because you're no longer having to haul 40 miles; you're hauling roughly 10 miles. COMMISSIONER NANCE: Well, you could also do the same Page 139 June 24, 2014 thing by taking some of it out Naples Reserve Boulevard. MR. YOVANOVICH: We can. And I will tell you that when we had our neighborhood information meeting, the people who showed up are obviously not here today as a result of that neighborhood meeting was -- their concern was, is Naples Reserve Boulevard going to be the haul route. And we said to them, no, it's not going to be the haul route. The haul route is going to be Greenway, which has already been approved as the haul route for the initial 400,000 cubic yards together with the construction, which was all discussed when the PUD was originally approved. So we're saying here, okay, in exchange for that, we would like to continue to use Greenway for basically an additional year, because we're already going to use it for about a year anyway for the FDOT improvements, and I think everybody acknowledged that was a good thing, you know, to have the fill for FDOT. COMMISSIONER NANCE: All good things. MR. YOVANOVICH: I could tell you that -- I feel fairly certain that if there was something in the staff report or something in our original request that says we were going to use Naples Reserve Boulevard for a haul route, there would be some people here from Reflection Lakes voicing their opinion. COMMISSIONER NANCE: Oh, I'm quite certain. MR. YOVANOVICH: So we said at the Planning Commission we were not willing to go back on our commitment to the people of Naples Reserve -- I'm sorry -- of Reflection Lakes by agreeing to an imposition -- a required use of Naples Reserve Boulevard as the haul route. We made a commitment. We were not willing to go back on that commitment. If the commission's going to require that we use Naples Reserve Boulevard, that's a different thing. We would prefer, as a proposal, regarding the 600,000 cubic yards, let us increase our allocation to Greenway to 750,000 cubic yards in and outs, okay. The other Page 140 June 24, 2014 300,000 cubic yards we think we can move between -- we already have some buyers for this, as you can imagine -- or we're pretty sure we have some buyers for this; that's why we can agree to the limited area. We think one of the buyers is going to be Winding Cypress, which was just recently approved -- the PUD was just recently approved. COMMISSIONER NANCE: You work for them, right? MR. YOVANOVICH: I do. COMMISSIONER NANCE: Oh, so you know that. MR. YOVANOVICH: So we think there's -- COMMISSIONER NANCE: You got the word on that, did you? MR. YOVANOVICH: I think so. I think there's an ability for us to move fill from this project to this project without having to use Naples Reserve Boulevard for that to occur. COMMISSIONER NANCE: So you're willing to limit the entire volume of rock pulled out on Greenway to 750,000 yards? MR. YOVANOVICH: Correct, which would be basically sharing -- COMMISSIONER NANCE: Sharing the pain. MR. YOVANOVICH: -- the pain. MR. OCHS: That's kind, sir. And you're willing to put that in writing? MR. YOVANOVICH: Well, I'm willing to accept that as a revision to the PUD. COMMISSIONER NANCE: Okay. And how are you going to verify that for us for our comfort? MR. YOVANOVICH: How am I going to verify it? COMMISSIONER NANCE: Yeah. MR. YOVANOVICH: Just the way we do now; we have to keep logs of trucks coming and going. COMMISSIONER NANCE: Okay. Page 141 June 24, 2014 CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Well, I was going to ask the same things, and Rich had told me yesterday what they intend to do as far as the Winding Cypress, if they could get their traffic in and out. I, too, was concerned. I'm also concerned about the fact that after the thousand -- or, rather, million cubic yards of fill is pulled out, all of the construction traffic will then be using Greenway Road, all of it, to build the facility, and I am concerned about that as well. So can we use some preliminary roads in Winding Cypress to bring some of that construction traffic in there? MR. YOVANOVICH: I can't speak for Winding Cypress. I doubt they're going to allow us to use their development to bring access to our project. COMMISSIONER FIALA: Well, before they're built, maybe they would. MR. YOVANOVICH: I'm assuming, timing-wise, there's going to be -- I'm assuming they're going to start their project soon, clearing, and once they clear, they're probably going to want fill. At that point I think it would be difficult for us to coordinate through their project getting access to our project for construction. COMMISSIONER FIALA: This Winding Cypress you're talking about, is that the extension from Verona Walk, or is this a separate one? MR. YOVANOVICH: Yes, ma'am. COMMISSIONER FIALA: Thank you. MR. YOVANOVICH: It's a totally separate project; not related in any way to Naples Preserve. COMMISSIONER FIALA: Well, I know that -- MR. YOVANOVICH: Yes, ma'am. COMMISSIONER FIALA: -- but yet at the same time -- oh, so they took that whole piece of property rather than just a section of it? MR. YOVANOVICH: They -- you know where it ends -- Page 142 June 24, 2014 COMMISSIONER FIALA: Yeah. MR. YOVANOVICH: -- and to the south, they'll be -- that will be being developed in phases. COMMISSIONER FIALA: Yes. MR. YOVANOVICH: With the phases closest to 951 first. So there won't be an easy road all the way from 951 all the way -- COMMISSIONER FIALA: So that whole thing -- they're going all the way down to U.S. 41 eventually? MR. YOVANOVICH: I forget where the preserve ends. I didn't bring that master plan with us. COMMISSIONER FIALA: The reason I'm asking is if there's opportunity for us to divert some more of that construction traffic so we don't put as much pressure on those people. Now I realize -- and as we talked in my office -- you'd already talked to the Habitat people and they said that was fine with them, and they probably understood, or I'm hoping you told them that all the construction traffic would also go down there, not just the haul traffic, and they were even okay with that. And you said there are only about six more homes on Greenway Road; is that what you said, sir? Don? Six more homes on there? MR. MEARS: Oh, for the record, Don Mears iStar. I'm sorry. Along Greenway -- COMMISSIONER FIALA: Uh-huh. MR. MEARS: -- there's approximately eight homes -- COMMISSIONER FIALA: Eight? MR. MITCHELL: -- that are set back off the road on 15- to 20-acre tracts, and I've spoken to four of those landowners. COMMISSIONER FIALA: And they understood that -- how long did they think it was going to take? MR. MEARS: I told them that we were supplying material for the FDOT expansion for 41, and that would probably be about a year, and then we'd be hauling about another year after that. Page 143 June 24, 2014 COMMISSIONER FIALA: I see. MR. MEARS: It would be ending about the same time they'd be completing the six-lane divided roadway expansion on 41. COMMISSIONER FIALA: Okay. And did you -- and how long do you think it's going to take you to construct your whole project? Usually that's quite a few years. MR. MEARS: Our project has three phases, and we're almost completing the first phase right now. And I would say it's probably a four- to five-year development cycle. COMMISSIONER FIALA: Eleven hundred fifty-four homes. That would probably take about that long at least, yeah. You know, I was very, very apprehensive about it until you told me that you had been taking videos of the street and of the children, because I wanted you to lay a sidewalk there, too, so the kids could get in and out. When you told me you could divert some of that traffic into Winding Cypress, that gave me a little bit of relief, too. I just worry about the surrounding neighbors and how they're impacted. But you say you've gone to visit them, and they do understand that we're talking about maybe a six- or seven-year project now, I mean, with all the construction traffic? MR. MEARS: They knew that our project had a thousand units and it was probably going to be a four- to five-year buildout project, yes, ma'am. COMMISSIONER FIALA: Okay. Well -- and they didn't -- and they're not here, and so they must be okay with it then. MR. MEARS: There was three different landowners. There really was no occupancy in the houses. So it looked like there were abandoned homes, so I couldn't even talk to a few landowners. COMMISSIONER FIALA: Okay. CHAIRMAN HENNING: Okay? COMMISSIONER FIALA: Yes. One other -- you answered my rock-crushing question and my blasting question. Let me just take a Page 144 June 24, 2014 fast look at something else just to make sure all my questions are answered. Thank you for this time. Yes, I think you've answered everything. Thank you. CHAIRMAN HENNING: It used to be called Pickle Patch Road. COMMISSIONER NANCE: Raspberry's piece. MR. YOVANOVICH: You-all go way too far back. CHAIRMAN HENNING: Yeah. It's time for some of us to retire, right? I think so. What is that -- it used to be Naples Boulevard or something next to Reflection Lakes. What is that road? MR. YOVANOVICH: It's Naples Reserve Boulevard. CHAIRMAN HENNING: Naples Reserve Boulevard. MR. YOVANOVICH: Correct. CHAIRMAN HENNING: Okay. Is that a public road? MR. YOVANOVICH: No. It's a private road. That's actually being maintained by Naples Reserve, so Reflection Lakes basically has got a free road. COMMISSIONER NANCE: Whoa. CHAIRMAN HENNING: But the same person developed the road. Now, Winding Cypress, it does have a proposed access to U.S. 41 on their property -- MR. YOVANOVICH: Correct. CHAIRMAN HENNING: -- correct? And there's no coordination between -- you know, since it's the same developer developing Winding Cypress as this Naples Reserve? MR. YOVANOVICH: No, they're totally different. Totally different developers. Now, they have a common lawyer. CHAIRMAN HENNING: Pardon me? MR. YOVANOVICH: They have a common lawyer, but they're different entities. Page 145 June 24, 2014 CHAIRMAN HENNING: Oh, I misunderstood. Yeah, Verona Walk. MR. YOVANOVICH: Yeah. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, finally, Mr. Yovanovich; I apologize. One other thing I wanted to talk about is you have some very specific language in your proposal that talks about hours of operation. I believe it says seven to five. I would ask you to reconsider that, sir, and base some of your work, early and late-based, as we discussed, on the bus stops and activities of children that may be taking place during the daylight hours. MR. YOVANOVICH: The hauling is eight to five. COMMISSIONER NANCE: What is seven to five? MR. YOVANOVICH: That's internal excavation on our property. COMMISSIONER NANCE: Oh, okay. MR. YOVANOVICH: No, the hauling is eight to five, and that specifically was with school hours. COMMISSIONER NANCE: Well, you just need to make sure that that is revolved around the actual bus schedule that takes place on Greenway Road as observed by -- I'm sure you know about it since you filmed the whole thing, so you ought to know when they're there. Just make sure that you don't have operations taking place during those hours when that's happening. And that's going to be early and late because you're going to have -- you know, I don't know how many buses you've got there, but you've got elementary schools, middle schools, and high schools that are all on different schedules. So is it possible for you to coordinate that activity with the buses to avoid -- MR. YOVANOVICH: Well, I'd hate to be prohibited from hauling because, as children -- I don't know if there's a -- you know, Page 146 June 24, 2014 elementary school starts at 7:50, I think, is what it used to be. I can't remember -- or early 8 o'clock. I mean, middle school's 9 o'clock. High school is 7 o'clock. So that would be three hours of no hauling if we were not allowed to haul because there might be one bus using that road. COMMISSIONER NANCE: Well, since you have all this data, you should know when the bus is there or no bus. Maybe there's no bus. I don't know. MR. YOVANOVICH: But we would -- obviously we're not going to put -- this is not a safety-related issue. We have widened the road -- COMMISSIONER NANCE: This is a safety-related issue, sir. I'm not worried about the road surface. And it's wonderful that you're improving the road and all that. This is a safety issue and a human issue I'm talking about. I'm not talking about the road surface. MR. YOVANOVICH: I can't tell you today that I know that there are -- is a middle school kid that lives there or an elementary school kid that lives there. If there is an elementary school kid who lives there next school year and there's a middle school kid that lives there next school year, that's, effectively, a two-hour block where a bus may come. COMMISSIONER NANCE: I'm just asking you to take this into consideration when you figure out your schedule. If there is a problem -- and, like I say, you say you assessed the situation -- MR. YOVANOVICH: Right. COMMISSIONER NANCE: We've got all this construction traffic and all this haul truck traffic. I just think we need to be respectful of the little bit of conflict we have between the few neighbors that are quietly enjoying their neighborhood now and the ones that are going to be disrupted for the next couple of years. That's all I'm asking you. MR. YOVANOVICH: We'll be happy to coordinate, but I just Page 147 June 24, 2014 can't -- I just can't be having a condition that prohibits. COMMISSIONER NANCE: Okay. Well, when we get a complaint, what are we going to do? MR. YOVANOVICH: We'll address it with the school board. COMMISSIONER NANCE: Okay. You'll address it here. MR. YOVANOVICH: If I need to come address it with you, I will. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: You know, I mean, I'm listening to this entire discussion. Why don't we just use the same standards that we used for the truck haul when we were doing the beach renourishment? I mean, we're -- we've gone through this before. We had certain standards. They were deemed to be solid standards by law enforcement of both jurisdictions. We had no issues whatsoever. It was, you know, a very safe exercise. So why doesn't staff just set the same standards that we used for that truck haul for this one? MR. YOVANOVICH: I don't know what those are, Commissioner Hiller. COMMISSIONER HILLER: I don't know what those are, either. That was set by staff and, you know, reviewed -- MR. YOVANOVICH: The hours of operations were discussed by the Planning Commission and unanimously agreed to. The only thing that was not unanimous on the Planning Commission was how to deal with the 600,000, making that equal. And I thought today by agreeing to limit 300,000 to Greenway and 300,000 not using Greenway, we had addressed the one concern, which was a fairness concern. COMMISSIONER NANCE: Yes, we have. MR. YOVANOVICH: But the hours of operation were unanimously agreed upon. COMMISSIONER NANCE: Well, when you and I talked the Page 148 June 24, 2014 other day, you -- COMMISSIONER HILLER: It seems like we're -- COMMISSIONER NANCE: -- you told me you'd address it. I'm sorry. COMMISSIONER HILLER: It seems to me that we're addressing all these details which, again, I think should be addressed by staff. Nick, can you come up? I mean, I'm not sure what -- we're going way beyond the discussion of, you know, splitting the traffic between two roads, and I'm just wondering why, when staff should be addressing those safety issues. MR. CASALANGUIDA: Ma'am, for the record, Nick Casalanguida. Your beach haul was actually from dawn to dusk, so this is more restrictive. COMMISSIONER HILLER: That's fine. So, you know, if you're providing for something more restrictive and they're fine with it and you've provided for, you know, consideration of school hours and traffic like that -- MR. CASALANGUIDA: They're storing the trucks on site. They're doing that thousand-foot queue so they'll be off Greenway Road. We didn't really do anything other than the school hours up on Corkscrew. We kept an eye on it, but we were hauling 20 -- you know, dawn to dusk. COMMISSIONER HILLER: Right. And I just -- if what you're -- all you need to tell us is that the standards you're imposing on this truck haul are even more restrictive. MR. CASALANGUIDA: They are, as far as I'm concerned. COMMISSIONER HILLER: That's fine. MR. CASALANGUIDA: Yeah. They're splitting traffic. COMMISSIONER HILLER: So then there's no reason to have any concern because the other haul was very successful with the standards that were applied to that haul. So I think we've solved the Page 149 June 24, 2014 issue of dividing the road, right? MR. YOVANOVICH: The traffic. COMMISSIONER HILLER: Dividing it between the traffic? So is there anything more to discuss? Can we have a vote on it? COMMISSIONER NANCE: Commissioner Hiller, the only thing I was trying to address -- and I appreciate your concern, but this road is a very local residential road that doesn't have a sidewalk. That's all -- I'm just trying to avoid an unhappy circumstance here. I'm making sure that if there is a known conflict, that we address it. And I don't know what those conflicts are. I'm not trying to be adversarial, Mr. Yovanovich. I don't even know if there are buses out there on a regular basis, but there may be one or two. And I know there's not a lot of residents. But if there are a couple, I would appreciate it if you would just avoid them at that time. MR. YOVANOVICH: We will coordinate. COMMISSIONER NANCE: Thank you. COMMISSIONER HILLER: If I'm -- can I finish my statement? CHAIRMAN HENNING: Yeah, about a motion? COMMISSIONER HILLER: Yeah. The public safety is number one, and it's imperative that staff ensure that anything that's approved like this has all the necessary components that, you know, no member of the public is put at risk. And I -- it seems to me, Nick, that you have reviewed it to that end and you've ensured that the standards that you've included or that your staff has included as part of this project do rise to that level. That's a yes, for the record, from Nick Casalanguida. I know you couldn't hear him all the way in the back of the room. So I make a motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER NANCE: I will second it with the stipulation with there's a maximum of 750,000 yards removed out Greenway Road and the remaining 300,000 out an alternate route not limited to Page 150 June 24, 2014 but including Winding Cypress and/or Naples Reserve Boulevard. COMMISSIONER HILLER: I'll amend my motion. CHAIRMAN HENNING: Is your motion including the Planning Commission's recommendations and staff recommendations? COMMISSIONER HILLER: Yes. COMMISSIONER NANCE: Yes. CHAIRMAN HENNING: Does the second agree to that? Is there any staff report? Do commissioners want to hear a staff report? COMMISSIONER HILLER: No. CHAIRMAN HENNING: Is there any public speakers? MR. MILLER: No. CHAIRMAN HENNING: Is there questions on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. YOVANOVICH: Thank you. Item #11B THE OFF-SITE REMOVAL OF FILL FROM THE NAPLES RESERVE RPUD CONSISTENT WITH THE COMPANION PUD AMENDMENT. THIS IS AN AMENDMENT TO COMMERCIAL EXCAVATION PERMIT PL 20140000342 TO ALLOW EXCESS Page 151 June 24, 2014 FILL TO BE REMOVED FROM THE SITE. THE EXCESS FILL IS A RESULT OF PREVIOUSLY APPROVED DEVELOPMENT LAKE EXCAVATIONS WITHIN NAPLES RESERVE RPUD. (THIS IS A COMPANION TO NAPLES RESERVE RPUD PL20140000342, AGENDA ITEM #9D) — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 11B, which is a companion to Item 9D. COMMISSIONER COYLE: Time for a break. COMMISSIONER HILLER: Do we have to give our court reporter a break? COMMISSIONER FIALA: We forgot our speakers. COMMISSIONER HILLER: You should not complain. You, of all people, should not complain. No, I'm sorry. You should not complain. CHAIRMAN HENNING: Let's dispose of the companion item then. COMMISSIONER HILLER: Okay. You can start complaining. MR. OCHS: This is the amendment to the commercial excavation permit to allow the excess fill to be removed from the site. Mr. McKenna will present, if the board would like a presentation. MR. KLATZKOW: I don't know how you say no now. COMMISSIONER NANCE: Yeah. I believe we have to give ex parte communication on this item; do we not? CHAIRMAN HENNING: It's the same as before. Is there any additional ex parte communication by commissioners? COMMISSIONER NANCE: No, sir. COMMISSIONER HILLER: No. COMMISSIONER NANCE: Same. CHAIRMAN HENNING: Okay. It's the same. Jack, do you have to -- based upon the board's discussion on the land-use item, do we need to modify or add or delete? Page 152 June 24, 2014 MR. McKENNA: No, sir. I don't believe that we -- there's any need to modify it because the volumes for the excavation permit would still be consistent. COMMISSIONER FIALA: Motion to approve. CHAIRMAN HENNING: Any public speakers? Motion by Commissioner Fiala to approve. COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Second by Commissioner Nance. All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: (Absent.) COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries 4-0; Commissioner Coyle absent. MR. OCHS: Thank you, Mr. Chairman. CHAIRMAN HENNING: We're going to take a 10-minute break and be back at 2:52. MR. OCHS: Thank you. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. I'd like to -- CHAIRMAN HENNING: Next item is 9 -- MR. OCHS: C. CHAIRMAN HENNING: Last item? Yes. Item #9C ORDINANCE 2014-26: AN ORDINANCE AMENDING ORDINANCE NO. 2002-61 , WHICH ESTABLISHED THE Page 153 June 24, 2014 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT NO. 2, IN ORDER TO INCREASE THE ACREAGE OF THE DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE — ADOPTED MR. OCHS: 9C is a recommendation to approve an ordinance amending Ordinance No. 2002-61, which established the Fiddler's Creek Community Development District, No. 2, in order to increase the acreage of the district. CHAIRMAN HENNING: Okay. Is this -- do we have to swear people in for this? MR. OCHS: No, sir. CHAIRMAN HENNING: Pardon me? MR. OCHS: No, sir. COMMISSIONER FIALA: Okay. I talked to everybody concerned, and I'd like to make a motion to approve. COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Okay. Motion to approve the recommendations on Fiddler's Creek, expansion of their CDD, by Commissioner Fiala, second by Commissioner Nance. Any public comments, public speakers? MR. KLATZKOW: No, sir. CHAIRMAN HENNING: Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? Page 154 June 24, 2014 (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #7 - Continued from earlier in the meeting PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, we'll move back now to Item 7 to complete our public comments on general topics. MR. MILLER: Your next speaker is Eric Donihoo. He'll be followed by Alexis Meyer. MR. DONIHOO: Thank you for your time. I want to start by saying I appreciate the comments of Commissioner Fiala where she specified earlier not only looking out for the interest of local residents but also of local businesses as we try to move forward. And what I'm looking at here is I know you've all had several comments and communications regarding the super gas stations and things of that nature. I represent the female small business owner of the station directly across the street. While I understand that you have to deal with people that have already applied until you can look at moratoriums and things of that nature, I would ask you to take a hard look at the ordinance that you have in place -- I believe it's 5.05.05 -- to talk about your 500-foot rule, and there should not be any additional service stations located within the 500-foot rule of an existing one. I know in this case the -- Mrs. Donihoo used her life's savings to purchase that 7-Eleven directly across the street with the full knowledge of 5.05.05 existing. In listening to recommendations that have come forward from the mega-superstations, their comments in regards to their average of a gas station's pumping potential, they say their average station is Page 155 June 24, 2014 85,000 gallons per week. I can tell you if they did just their average, which includes their small Raceways, not just their supercenters -- but if they did just their average, you would have to triple, to quadruple the gas consumption at that intersection currently. The service station directly across the street is only pumping at 25 percent of capacity, and at 25 percent of capacity, I would tell you, entertaining the possibility of waiving or giving variances to allow a superstation across the street does not serve a need for the growth of the community when you're looking at only doing 25 percent capacity now. And at the levels they're talking about pumping, you would basically have to have the station across the street, the Moble in downtown Naples 1 .2 miles away, and you would also have to have the other service station, which I believe is Kangaroo Express going the other direction, you'd have to have them all three pump zero gallons per week for that to be a possibility. Now, it doesn't seem rationale. It doesn't seem reasonable. And, obviously, if the superstation was to come in and pump at the levels they claim, you would basically be taking a very, very hard stance in putting existing businesses in the area that are locally owned, in two of the three cases, out of business. So my ask is that you continue to stay hard fast in your current guidelines, which are outlined in 5.05.05. I do understand you have a major thoroughfare that could give an exception in Tamiami Trail, which is four lanes or more; however, there's also a stipulation in there that it may not in any way, shape, or form negatively impact a residential usage in the adjoining area, which in this case it most definitely does. That is outlined on the second page up at the top of 5.05.05, as we have several homes directly behind said area. Thank you. I believe I've used my time. I appreciate your Page 156 June 24, 2014 consideration. CHAIRMAN HENNING: Is there any more public speakers on this issue? MR. MILLER: Alexis Meyer. I don't believe she's speaking on this issue. CHAIRMAN HENNING: Let me just say, this is a future issue, potential, and this board is sitting as a quasijudicial board. It's taking in all facts and all opinions, and none of the board members can make up their mind under public comments. I just want to make sure that everybody's aware of it. I don't know -- MR. DONIHOO: Absolutely. CHAIRMAN HENNING: -- where somebody's getting the idea to come to the Board of Commissioners under public comments and try to change things. So it's not going to happen. It's going to be done at the hearing if the hearing actually happens. Thank you. Next public speaker? COMMISSIONER FIALA: Did you say 86,000 gallons a week or a month? I'm sorry. MR. DONIHOO: They announced at their meeting held in the -- in you-all's offices that they were -- that their average station, which includes their small ones, pump 85,000 gallons per week. In doing so, they also said that would be less than one truck per day, which is bad information, as a tanker only holds 8,000 gallons. So obviously it's more than one a day. MR. MILLER: Your next public speaker is Alexis Meyer. She'll be followed by Dr. Joseph T. Doyle. MS. MEYER: For the record, Alexis Meyer. I'm with the National Sierra Club's Florida Panther Campaign. Two weeks ago the citizens of Collier County were ecstatic that you had followed through with a challenge to the DEP's consent order and demand that all meetings with the DEP be conducted in a public Page 157 June 24, 2014 manner. We are discouraged that private meetings with the DEP have been held and even more disturbed that talks of a settlement have been discussed. CHAIRMAN HENNING: Well, you're wrong on that, but go ahead. MS. MEYER: Okay. That's not what -- the information that I was provided. Sorry. When the DEP issued a direct threat, you rallied to uphold your vote to file a petition and not cave to the pressure of the DEP's intimidations. I hope that that is still the case. We ask that you follow through with the administrative challenge, which you have been, and hault all private meetings with the DEP or Dan A. Hughes. We ask that the petition be revised to include the 11 points that were drawn up by the Conservancy of Southwest Florida. Numerous issues were identified in their recommendations, and not one was included in this submitted petition. The commissioners have the ability to undertake water sampling in the county immediately. Numerous residents have expressed a desire to have their wells tested, and you can help them. We also ask that the DEP should be required to conduct independent groundwater monitoring done by a third party. How can we trust an agency that hid fracking from the public for four months to provide an unbiased water sampling test? Again, we ask that all future meetings, especially any that could include settlement talks with the DEP, be conducted in a public forum. Transparency is something that has been sorely lacking in the oil drilling talks. And we look to you as representatives of the residents to uphold the county's best interest for the people and the environment. Thank you. Page 158 June 24, 2014 CHAIRMAN HENNING: Well, I know there's a lot of outside interests outside of Collier County in this but, you know, I'm very saddened that the Conservancy's taken this kind of stance. I met with DEP officials along with the county manager and two of his staff members. And, Leo, let me ask you, was there any closed-door settlement talks on this when we met? MR. OCHS: No, sir. CHAIRMAN HENNING: What we tried to obtain is information and tried to get a dialogue going on with the agency; is that correct? MR. OCHS: That is correct. CHAIRMAN HENNING: Is there anything else? MR. OCHS: Not to my knowledge, sir. CHAIRMAN HENNING: Yeah, I -- you know, this -- you know, talk about this stuff is just nonsense. And for anybody to think that we should not talk to a controlling agency in the State of Florida -- which we don't have control over this issue -- that we shouldn't talk to these -- the agency is absolutely ludicrous. We want to do what's in the best interest of the citizens, and at no time have I stated that I want to change the course of challenging the consent order. I think there's a lot of things that need to be answered. I'm trying to gather information, okay. And, again, shame on the Conservancy for their tactics. Next speaker? MR. MILLER: We have -- yeah, we have one final speaker on public comment, Dr. Joseph T. Doyle. DR. DOYLE: Good afternoon, Commissioners. I have a new topic to talk about. The nation is facing a new -- actually, I'm Joseph Doyle, a Collier resident, and I'm board certified in public health and general Page 159 June 24, 2014 preventative medicine. And I'm here because the nation is facing a new public health disaster for which we must begin to prepare for here in Collier County. As most of us have seen recently in the media, thousands of illegal aliens and undocumented children from Central and South America have been overwhelming our southern sovereign border in Texas, New Mexico, and Arizona. In 2012, there were 6,500 children; 2013, 25,000 children; this year estimated to be about 65,000 children; and next year estimated 100,000 children trying to cross this border. The federal response has been inadequate from many perspectives, but it's the public health perspective that I want to discuss today. When my grandparents emigrated from Europe at the beginning of the last century, they were processed through Ellis Island before entering the country, and this was for infectious disease control primarily. Today we have no modern Ellis Island. These illegal, undocumented children are being relocated by our federal government today as we speak, from Texas directly to other states such as Massachusetts by air charter, bus, et cetera. Some have also been released locally in Texas and told to reappear at a later date for immigration hearings. Unfortunately, many of these are lost to follow-up and fail to attend the hearings. I suspect that many may join their migrant relatives, and several will eventually make their way here to Florida. As such, these children may reside in crowded, substandard living conditions which, is conducive to the spread of diseases. The media has reported lice, scabies, outbreaks of measles and chicken pox as well as multi-drug-resistant tuberculosis. It is the multi-drug-resistant tuberculosis that is most concerning because it requires a long treatment of at least one year and can cost Page 160 June 24, 2014 $250,000 per person to treat. These illegal, undocumented children can spread these diseases directly to their household contacts, as well as to contacts in schools, daycare centers, emergency rooms, malls, supermarkets, places of worship, and their household contacts can also spread these diseases to places of employment. As such, the epidemic can create a negative impact on our quality of life here but also a negative impact on lost work productivity, lost school days, and decreased tourism. Our highest risk residents are those with debilitative immune systems, such as the elderly, nursing home residents, diabetics, and cancer patients receiving chemotherapy. High-risk occupations include our first responders, EMS, fire, law enforcement, county workers, code enforcement inspectors, schoolteachers and staff, healthcare workers, hospitality workers, retail workers, and transportation workers. Given the recent retirement of our county health department director, I'm requesting that there's -- some type of task force be put together for all the concerned interests of county agencies, et cetera, to address a contingency plan for this potential problem that could result in an epidemic right here in Collier County. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yeah, I would like to comment on this issue. I agree with this gentleman. I believe we should join together with the school district, who's, in a lot of situations, likely to encounter some of these citizens first, or whether they're illegal or legal, and we should examine through our health department here what we could possibly do to make sure that the inoculations and things are up to snuff so that we don't create a problem here for ourselves. I believe that -- thank you, sir, for bringing it to our attention. DR. DOYLE: You're welcome. We have to have a high Page 161 June 24, 2014 vigilance on this. Thank you. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I'm particularly concerned about tuberculosis. That is, of what you described, a serious, serious problem and a real serious public health threat that we do need to watch for. DR. DOYLE: Yeah. A lot of people think that it had gone away, and it really never did. And we closed the A.G. Holley in Lantana about five years ago. COMMISSIONER HILLER: It is a big problem. And it is also a big problem where if we do find someone who is infected with tuberculosis, to ensure that they do take the medication, because without completing the full cycle of the treatment, it stays -- DR. DOYLE: That's correct. COMMISSIONER HILLER: -- and then they're publicly contagious. In fact, it's my understanding that the State of Florida has a law on its books that I think criminalizes failure to take the medication if you are diagnosed with TB, and it's a huge public health threat. So I do hope that whoever is the new medical director does look into what's going on with these issues, because we do need to ensure that not only those children are protected but that the public is protected if these children are, in fact, infected. DR. DOYLE: Right. CHAIRMAN HENNING: And then do what's necessary to also ensure that if treatment is given, that that treatment is adhered -- that whatever the treatment program is is adhered to through completion and that there is nothing that prevents them from, you know, getting the meds or getting assistance with, you know, taking those meds if assistance is needed. It is a big problem. DR. DOYLE: And that's why, you know, I bring it to your attention, because we have our emergency rooms, we have our first Page 162 June 24, 2014 responders who may be coming in contact with these people. They may think they just have a cold or something, and they're coughing on them directly. COMMISSIONER HILLER: I actually was in a situation where my daughter, when she was about two to three years old, was sick. She had Rotavirus, and she had to be admitted because she was getting so dehydrated that she had to be put on an IV. And she was admitted into a ward with -- I think there might have been eight other children who were sick. And I sat beside a mother, and she was a very sweet lady. And she was an immigrant, and she -- we were talking, and just out of the blue she said, you know, I have TB. I'm like, really? And she could not get the meds. She could not -- I don't know if she couldn't obtain them because she couldn't communicate that she couldn't get them or if she couldn't pay for them or she didn't know how to continue getting, you know, reissuance of her, whatever you call that, pharma slip, or whatever; I mean, I don't know the medical terms -- prescription. And so, I mean, it -- we had to be quarantined. I mean, the whole room, all eight or 12 kids had to be quarantined, every single one had to be isolated, every single one had to be tested. And, fortunately, you know, we were able to -- I mean, I called the health department and got help for this woman so she could get the proper level of care. But, quite frankly, it was a situation where, you know, you basically had immunocompromised, you know, young children who all could have been infected with tuberculosis because this poor woman didn't know what to do and how to protect herself. So, yes, it is a reality here, and we do need to take very strong precautions to help these people. DR. DOYLE: And there's no screening going on, I'll repeat, at the borders, and they're all just coming here and everywhere across the country. Page 163 June 24, 2014 COMMISSIONER HILLER: Well, we definitely need to help them. CHAIRMAN HENNING: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. And I think also our parks and rec department, who handles not only all of the parks, the little children all playing together, but also they have the pre-K little schools as well. And we need to be vigilant and work closely with the health department. I just hope somebody up there is going to lead this effort. DR. DOYLE: Well, do you have an ad hoc task force that periodically meets to discuss interagency issues? Because I think we can't wait for the health department to get a new director. I think the task force -- COMMISSIONER HILLER: Leo, do we have anything like that that -- I mean, we have so many advisory committees that we don't even know exist that are out there doing things, and they have all sorts of different names, so we'd have to -- and a lot of them -- I mean, they're supposed to be advisory to the board, but in some respects they've become advisory to staff. So what -- do we have something like that? MR. OCHS: Yes. We have a task force set up as part of our comprehensive emergency management plan that involved our agency as well as the public health department and other agencies. So I'll get with Mr. Summers and Mr. Carnell. COMMISSIONER HILLER: That's a great plan. MR. OCHS: And we'll work that out. COMMISSIONER HILLER: Thank you so much. Thanks for bringing that to our attention. DR. DOYLE: Thank you. COMMISSIONER HILLER: Very important issue. CHAIRMAN HENNING: Any more public speakers? MR. MILLER No, sir. Page 164 June 24, 2014 CHAIRMAN HENNING: We'll go back to our regularly scheduled agenda item. Item #11D RESOLUTION 2014-141 : ESTABLISHING THE COLLIER AREA TRANSIT (CAT) ADVERTISING POLICY, STANDARDS AND RATE SCHEDULE - MOTION TO APPROVE THE POLICY FOR AN INITIAL 2-YEAR PERIOD — ADOPTED MR. OCHS: Sir, that takes us to Item 11D, which is a recommendation to approve a resolution establishing the Collier Area Transit advertising policy, standards, and rate schedule. And Michelle Arnold, your director of alternative transportation modes, will present. CHAIRMAN HENNING: Thank you. MS. ARNOLD: Good afternoon. For the record, Michelle Arnold, Alternative Transportation Modes Director. I'm here to get your authorization for an advertising policy, standards, and schedule for the Collier Area Transit. This policy will regulate the types of advertising that would be permitted and prohibited. And we worked with the County Attorney's Office to ensure that this policy would meet within the guidelines of the county. The policy that's before you will set forth a framework to generate alternative funding or revenues for the county that we could use as matching funds for our grant dollars as well as reinvesting it back into our fixed route system. We estimate the revenues for the first year will be about $232,000. The advertising format will take the form of internal trans -- terminal cards, which is -- this is an example, and I've got a couple on the slide for you. They sit above the buses, inside the buses. We have interior terminal cards which would be within our Page 165 June 24, 2014 transportation itself as well as smart cards and audio media. And this is an example of what the terminal cases would look like. We've got just regular information displayed in here right now, but the advertising would be included in these cases. This is an example of the interior bus cards within our buses. And I think Trinity provided you all an example of our smart cards. We have our "Stuff the Bus" smart card logo on there right now, which is an event that's going to be taking place in September that we're coordinating with the United Way as well as the Harry Chapin Food Bank to do an event to encourage folks to purchase food for the food bank. And so that's just an example of, you know, the media that we could sell on our smart cards, which is our bus passes that we sell for weekly passes, daily passes, as well as the monthly pass. We also have the capability of doing audible media, and I've got an example for you so you can hear what one of the -- (A video advertisement was played.) MS. ARNOLD: So that's an example of the trigger points. When the bus gets to a certain location, you know, they'll advertise a restaurant or an apartment complex or something like that. We also have -- those are the types of advertising that we're proposing at this point. We do have the potential to do other things in the future. If we do do anything else, obviously, we're going to be back before the board to modify the schedule so that you all could authorize it. But some examples of what those additional media or advertising format could be is interior handles or grab bars within the buses and digital displays or videos. And this is just an example of a Harley Davidson bike handle that they have on the racks where the people hold, and they're standing in the bus. And an example of what the digital displays would be is nothing Page 166 June 24, 2014 different than your monitors that you're seeing here that we would have within our terminals, and we could sell advertising on those monitors as well as in the buses themselves. I don't know if you all have been in some of the larger cities, but they have it in their trains and stuff like that. They sell advertising. It keeps the public interested in what's going on. COMMISSIONER HILLER: I think we actually buy advertisements like that. I know that someone -- I can't remember if-- Jack Wert isn't here, but I think we were advertising in the New York subway, and we had had, like, the snowman, like, melting on the beach -- MS. ARNOLD: Right. COMMISSIONER HILLER: -- and we were advertising in the middle of the winter -- MS. ARNOLD: Right. COMMISSIONER HILLER: -- to encourage all those poor people who were suffering. MS. ARNOLD: To come down here and thaw out a little bit. COMMISSIONER HILLER: Yeah, exactly. So, yeah, we absolutely should be doing it, because our competition up in New York is doing it. COMMISSIONER NANCE: This is how Barron Collier acquired the county. MS. ARNOLD: Exactly, from exactly these cards in the buses. That's how -- that's one of his first things that he did. And that's what I wanted to present to you-all today. If you have any questions, I'll be happy to answer them. CHAIRMAN HENNING: Commissioner Fiala, Commissioner Nance. COMMISSIONER FIALA: Yes, I don't care for it myself. I think that our buses look pretty classy right now. And then the next thing that we'll want to do is -- the next people Page 167 June 24, 2014 that advertise will want to advertise on the benches and in the shelters. And pretty soon we're going to look like a -- like a cheap transportation system. MS. ARNOLD: Well, this is limited to the interior only. COMMISSIONER FIALA: I know. That's just where it starts, and then it spreads. And then in the future -- and how many people will like, while they're sitting on a bus, listening to advertising? They all have to listen to it regardless, and you think they're going to be pleasantly surprised and happy to hear the advertisements, the auditory advertisements? I don't think so. I don't think it's a good idea. We -- in fact, we never have all of these years. I appreciate the fact that you're trying to find some other ways to put some new dollars into the system. I don't care for it. CHAIRMAN HENNING: Commissioner Nance, then Commissioner Hiller. COMMISSIONER NANCE: Yes. Ms. Arnold, you -- under fiscal impact you've listed the revenues. What sort of additional expenses are going to be -- have to be expended for this program, or are the advertisers going to pay for everything? MS. ARNOLD: Well, we are expecting that we're going to absorb the cost for, you know, either having internal staff do it, or we have the ability, setting aside dollars, to do an RFP to solicit a company that would do it for us. COMMISSIONER NANCE: Okay. So we don't really truly know how much money we're going to make from this thing yet? MS. ARNOLD: Well, the estimate -- if we were to maximize our available resources, we estimate about $232,000. COMMISSIONER NANCE: Well, what I'm saying is we don't know what our expenses are. We know what the revenue is. What are the expenses that go with the revenue? MS. SCOTT: With regard to the printing materials -- I'm sorry, Page 168 June 24, 2014 Trinity Scott, Public Transit Manager. With regard to the printing materials, as it states in the policy, the advertising -- or the company that wishes to advertise would have to provide these items to us with the exception of the smart cards. The smart cards would be on us to print. We do already have a printer available to be able to do that, so they would have to provide us their graphics. So at this time what we're looking at is it's staff time to be able to administer the program. As Michelle stated, obviously if this grows into what we really hope that it can be, to provide some additional revenues for the system, we may at that time look at being able to hire a company to manage this for us if it starts taking over our staff time. COMMISSIONER NANCE: All right. Well, I would like to make a motion to approve for a period of one year provisional on the fact that we get an analysis after the end of the first year. We can assess whether we're actually doing something or we're not. CHAIRMAN HENNING: Okay. Is there a second to the motion? COMMISSIONER HILLER: I would like -- can I comment on that? CHAIRMAN HENNING: Sure. COMMISSIONER HILLER: I would like to support the motion, but I'd like to extend it for a little bit longer than a year. I have not been on any public transportation system that they don't advertise. And the extent to which we allow advertising is within our control, so nothing's going to, you know, overtake the buses unless we have bad taste and we vote to allow bad advertising to overtake those buses. So, you know, obviously it's important to have appropriate standards. And you're absolutely right, there is no cost other than administering -- you know, collecting the fee and putting up the ad, taking it down, and replacing it, and collecting the fee again. Page 169 June 24, 2014 And that is what we do as a county when we advertise in other jurisdictions. We pay infill to the other jurisdiction. We, you know, do our own won copying. We have an agency that is responsible for placing the ad on our behalf. So there is -- you know, we absorb all the cost when we advertise on the subway in New York, and it would be no different in this case. Whatever we do, Leo, like, through Paradise, you know, when we advertise on the subways in, you know, other cities, we should model whatever we're doing with them over here because, again, if it's 100 percent our cost going that way, it should be 100 percent their cost going this way. And, quite frankly, you know, I do think that people enjoy looking at some information when they're sitting on the bus or waiting in the station. When I'm at the airport and I see, you know, the advertisement for developments or events on the big screen TVs at the Southwest Florida Airport, I'm not offended by it. In fact, it's a distraction as I'm sitting there waiting for my luggage. And I -- you know, we live in a world where advertising is how business is done. So I don't see anything negative with it, but I would give them a little more time than a year, like maybe two years. I don't disagree, but if we give them enough time to get off the ground -- but they need time to set up the system, sell the product, install the product, you know, see how it goes, increase the marketing effort. I mean, it's a great way of getting alternative revenue to an important program. COMMISSIONER NANCE: If that would bring a second for discussion, I'll modify my motion and make it two years. COMMISSIONER HILLER: I would love that. I'll second it. CHAIRMAN HENNING: Okay. There's a motion and a second on the floor. You know, I don't think this is ripe for a vote, a positive vote anyways. There needs to be more information on what the costs are going to be. I have no idea. You know, if you have existing staff that Page 170 June 24, 2014 can do this, I would like to have that discussion. If you're going to hire somebody, I would like to know the cost, so I can't support the motion. MS. ARNOLD: We don't intend to hire anyone. CHAIRMAN HENNING: No new staff? MS. ARNOLD: No, not for this. CHAIRMAN HENNING: Then it's ripe for discussion at the budget hearing. COMMISSIONER HILLER: Well -- but let me -- can I ask a question based on what you just asked, Commissioner Henning. Let's be clear, are we going to have additional costs, or are you able to handle this program with the staffing that you have? MS. ARNOLD: What is being proposed to you is to handle it with the existing staff that we currently have. COMMISSIONER HILLER: So there is no additional cost? You're basically leveraging your staff to produce more revenue? MS. ARNOLD: Right. COMMISSIONER HILLER: So it's going to be a net positive if you're not adding any additional costs? MS. ARNOLD: That's the intent. COMMISSIONER HILLER: So there's no additional cost. So it's just revenue. CHAIRMAN HENNING: Maybe we have too many -- too much overhead in this department. If we're trying to create work for existing staff-- COMMISSIONER HILLER: But we're creating revenue here. CHAIRMAN HENNING: So there is a cost to that. COMMISSIONER HILLER: Well, what they're saying is they're -- are you saying that you've gotten more efficient over the current year because we created that advisory board that included Mr. Fogle, my neighbor, the young gentleman who has cerebral palsy who's very smart who I know has been giving you a lot of good advice? Page 171 June 24, 2014 MS. ARNOLD: Yes, he has. COMMISSIONER HILLER: So, as a consequence, are you more efficient this year than last year and, as a result, you're able to absorb this program that you couldn't have absorbed in the past because you're that much smarter? CHAIRMAN HENNING: Yeah, let me get my boots on. COMMISSIONER HILLER: No. I just -- I really have to commend them for doing a good job in looking for ways to raise revenue without increasing costs. And if you've become more efficient and if you can, with the same level of staffing, generate more revenue, I don't see how you can be faulted. MS. ARNOLD: Yeah. We are trying to do things -- COMMISSIONER HILLER: Smarter. MS. ARNOLD: Do more with less. You know, we're trying to reallocate the staffing that we have to take care of this if so approved by the board. COMMISSIONER HILLER: And I'm sure that probably what happened is when you were going through construction, your staff was absorbed -- your staff time was absorbed with managing this very large project, and now that this project is completed and you're operational, you're deploying the staff to where it was working before, which is with programs. MS. ARNOLD: Well, we've got our project management staff that's still pretty involved with the project that's going to be coming up over at Radio Road, so that staff is still pretty involved in that. COMMISSIONER HILLER: Okay. So they're still involved in that. So this is the balance of the administrative staff? MS. ARNOLD: A lot of this stuff is this lady here working many hours, you know, in the wee evening. COMMISSIONER HILLER: So she's working more than 40 hours, and that's why we can do it? MS. ARNOLD: That's -- a lot of the staff is working more than Page 172 June 24, 2014 40 hours. COMMISSIONER HILLER: That's commendable. That is really awesome. Well, I can't help but support that, and hearing that is, you know, worthy of applause. CHAIRMAN HENNING: Okay. Any more discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER COYLE: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Motion carries 4-1 ; Commissioner Fiala dissenting. MS. ARNOLD: Thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that takes us to staff and commission general communications. CHAIRMAN HENNING: Commissioner Hiller has already had her turn. COMMISSIONER HILLER He won't let me speak anymore. I shouldn't say "he." Commissioner Henning, Chairman Henning. He who shall not be named. CHAIRMAN HENNING: Do you have any additional? MR. OCHS: Just two quick things, sir. Number 1, I wanted to Page 173 June 24, 2014 thank Commissioner Nance for representing the board this past Monday when we entertained officials from the state VA nursing home -- CHAIRMAN HENNING: Absolutely. MR. OCHS: -- out on site, so we're hopeful that, obviously, we'll come out on top in that competition. We hope to hear something, we're told, in a matter of a couple weeks through the state VA, so we'll keep you apprised of that. And then, finally, on behalf of the staff, all of you know Kady Arnold who works in the Television Production Studio across the hall. COMMISSIONER HILLER: It's her last day. MR. OCHS: This is Kady's last week. Her last day is Friday. This is her last official production of the board's meeting, although she will be working the budget workshop hearing on Thursday as well. But I wanted to thank her for all her years of dedicated service on behalf of the county staff. So thank you, Kady. I know you're out there. COMMISSIONER HILLER: Kady, thank you. COMMISSIONER NANCE: I think we need to give her a certification. COMMISSIONER HILLER: Well, absolutely. What I was going to suggest is at the next board meeting, while she won't be working, we'd like her to come back and present her with a proclamation and recognize her for all her wonderful service all these years and for making us look so good. Notwithstanding that, you know, we're not like -- COMMISSIONER COYLE: She was unsuccessful. COMMISSIONER HILLER: Well, speak for yourself. MR. OCHS: We'd be happy to do that. COMMISSIONER HILLER: She's total rock star. MR. OCHS: Thank you. Thank you. That's all I have, Mr. Chairman. Thank you. Page 174 June 24, 2014 CHAIRMAN HENNING: County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN HENNING: Commissioner Coyle? COMMISSIONER COYLE: Nothing. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. I'd just wanted to remind Nick that we really need to work on upgrading our zoning ordinances, please. CHAIRMAN HENNING: George, I have something for you before you exit. That's all I have. Commissioner Nance? COMMISSIONER NANCE: Yes. I just like to make a further comment on the Veterans Homesite Selection Committee activities which took place Monday morning and Monday afternoon. We were very well represented by Mr. Carnell and Amanda Townsend from public services who did all the intel and everything to make those meetings come off as smooth as they did. I think -- I thought they went very well. They were very highly scripted according to the rules of the site selection committee, but we had Chief Kopka present, we had Dr. Allen Weiss from Naples Community Hospital Network, we had Mr. Gable from Barron Collier Companies there, and myself to try to answer as many questions as we could. We also had representatives from the community of Ave Maria that were there to answer some questions. I thought it went very, very well. I think their decision will hinge on, you know, how they feel about having the facility in a young and developing community versus an established community. And, of course, we have no way of knowing how that's going to turn out. But I think that we comported ourselves as good as we could under the circumstances. It was extremely hot, but I thought the meetings went very well. Page 175 June 24, 2014 Secondly, the only other thing I would like to mention is that I've received a lot of comments regarding kayak launching fees in the county. I've been barraged, and some of the harshest comments were actually by some members of county staff. So I would like to ask -- and some of the comments include why should they have to pay four bucks to put a kayak in when they don't really have any facilities to launch them, and they were complaining that the kayak people, in fact, had to use launching ramps that were damaging their kayaks, and so on and so forth. So I would ask Mr. Williams and Mr. Carnell to go back and really take a look at the kayak launching program that we have. COMMISSIONER HILLER: It was Stan Chrzanowski, guys. COMMISSIONER NANCE: Yeah. Stan is in full rebellion. He's threatening to boycott the county now if we don't -- COMMISSIONER HILLER: It's worse than that. He wants to take each one of us out on a kayak. MR. OCHS: We're all in favor of that. COMMISSIONER HILLER: Don't go there. COMMISSIONER NANCE: Anyway, I just thought I would mention that maybe we needed to reassess or at least evaluate what our kayak launching facilities are really like, and should we be proud to charge people to use them. Other than that, no further comments, Mr. Chairman. COMMISSIONER COYLE: It's not the kayak facilities we're charging them for. We're charging them a fee to use our water. COMMISSIONER NANCE: Oh, okay. Well, I think we need to test it and make sure that it's clean enough to use, perhaps, Commissioner Coyle. COMMISSIONER HILLER: Oh, dear. CHAIRMAN HENNING: Before I entertain a motion to adjourn, Commissioner Hiller has a burning desire -- COMMISSIONER HILLER: I do. Page 176 June 24, 2014 CHAIRMAN HENNING: -- to have a conversation. COMMISSIONER HILLER: It is, and it is a very important conversation to be had, because the next board meeting will be after July 4th. So you know what that means; Happy July 4th, right? And, County Attorney, we're constantly getting emails on fireworks, and I forwarded one to you. And I was wondering if you could take a minute to address all the tents that have gone up and you know, what the -- what our local regulations are with respect to fireworks and how and where they can be shot off. MR. KLATZKOW: It's all per code. These are temporary events. COMMISSIONER HILLER: It's open-mike night. MR. KLATZKOW: These are temporary events. COMMISSIONER HILLER: No, if you could just -- MR. KLATZKOW: I thought fireworks were fun. COMMISSIONER NANCE: It's in those pesky temporary events, ma'am. COMMISSIONER HILLER: We do have some constituents who do have concerns about how fireworks are sold in the county and the sale of fireworks. I forwarded the email to you, and if you could maybe -- MR. KLATZKOW: It's highly regulated by the state. There's very little we can do. COMMISSIONER HILLER: If you can just address the concern, and maybe if we could post something to our county website that addresses, you know, who has jurisdiction over this issue, you know, what our local rules are, what the state rules are so everybody can be mindful of being safe when they do enjoy them. So Happy July 4th. COMMISSIONER NANCE: Do we have a county Pyrotechnics Department, sir? COMMISSIONER HILLER: Leo, put that in the budget. Put Page 177 June 24, 2014 that in the budget. And one other thing besides July 4th; July 1st is Canada Day, which I just have to bring that in because we do have a lot of Canadians here, so we should remember them. And then July 14th is Bastille Day, but that's after the next board meeting, so I'll bring that up again next meeting. Just saying. So Happy July 4th. MR. OCHS: Same to you, ma'am. COMMISSIONER NANCE: Multi-national liaison. CHAIRMAN HENNING: Is there a motion to adjourn? COMMISSIONER HILLER: Motion to adjourn. CHAIRMAN HENNING: Second? Is there a second? I'll second it. COMMISSIONER COYLE: (Absent.) COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: We're adjourned. ***** **** Commissioner Hiller moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RESOLUTION 2014-128: REPEALING AND REPLACING RESOLUTION NO. 96-491, ANY AND ALL AMENDMENTS THERETO, IN ORDER TO UPDATE THE FEE SCHEDULE USED BY THE NATURAL RESOURCES DEPARTMENT FOR Page 178 June 24, 2014 ANALYTICAL AND PROFESSIONAL SERVICES AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2014 — FEES THAT ARE CHARGED FOR SAMPLING, TESTING AND ANALYZING DATA IN DETERMINING WATER QUALITY IN DRINKING WATER, WASTEWATER, SWIMMING POOL, AND GROUND/SURFACE WATER FOR THE GENERAL PUBLIC, NON-PROFIT ORGANIZATIONS & GOVERNMENT AGENCIES Item #16A2 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE & UTILITY EASEMENT, PARCEL 157RDUE, REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST OF WILSON BOULEVARD TO 20TH STREET EAST, PROJECT NO. 60040 (FISCAL IMPACT: $1 ,527) — A 30-FOOT WIDE, 4,500 SQUARE FOOT PARCEL Item #16A3 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE & UTILITY EASEMENT, PARCEL 142RDUE, REQUIRED FOR EXPANSION OF GOLDEN GATE BOULEVARD FROM EAST OF WILSON BOULEVARD TO 20TH STREET EAST PROJECT NO. 60040 (FISCAL IMPACT: $4,235.50) — A 6,962 SQ. FOOT ± EASEMENT WITH A NORTHERN PROPERTY LINE ALONG GOLDEN GATE BOULEVARD AND EASTERN LINE ALONG 2ND STREET SE Item #16A4 Page 179 June 24, 2014 PROPOSED ZONING MAP CHANGES AND SUPPORT DOCUMENTATION AND DIRECTING THE CHAIR TO SIGN THE OFFICIAL ZONING MAPS — A LIST OF 101 ATLAS MAP UPDATES RELATED TO BCC AND HEARING EXAMINER APPROVALS AND MISCELLANEOUS STAFF CHANGES Item #16A5 CONTRACT #14-6268 IN THE AMOUNT OF $668,777 WITH QUALITY ENTERPRISES USA, INC. FOR THE 28TH AVE SE BRIDGE PROJECT NO. 60123 — TO REPLACE THE EXISTING CROSSING WITH A PILE-SUPPORTED BRIDGE AT THE WEST END OF 28TH AVENUE SE DUE TO DRAINAGE PROBLEMS, THE RESULT OF PIPES WITH LOW CAPACITY IN MILLER CANAL, SOUTHEAST PORTION OF NORTHERN GOLDEN GATE ESTATES Item #16A6 BUDGET AMENDMENT IN THE AMOUNT OF $23,490.94 TO RECOGNIZE REVENUE RECEIVED FOR TRAFFIC ACCIDENT INSURANCE REIMBURSEMENTS IN LANDSCAPE FUND 112, PROJECTS #60076, TRAFFIC ACCIDENTS AND TURNLANES, AND #60075, LANDSCAPE ASSET MANAGEMENT — USED TO REPLACE DAMAGED PLANTS, BROKEN IRRIGATION PARTS AND INCIDENTAL LANDSCAPE REPAIRS IN COUNTY RIGHT-OF-WAYS MADE IN THE SUMMER MONTHS WHEN THERE IS LESS TRAFFIC Item #16A7 PETITION VAC-PL20140000680, TO QUITCLAIM AND Page 180 June 24, 2014 RELEASE THE COUNTY'S INTEREST IN SIX (6) 30-FOOT STRIPS OF LAND DESCRIBED AS EASEMENTS FOR PUBLIC RIGHT-OF-WAY AS RECORDED IN OFFICIAL RECORD BOOK 160, PAGE 237, OFFICIAL RECORD BOOK 168, PAGE 843, OFFICIAL RECORD BOOK 164, PAGE 177, OFFICIAL RECORD BOOK 184, PAGE 858, OFFICIAL RECORD BOOK 164, PAGE 087, AND OFFICIAL RECORD BOOK 164, PAGE 683, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A — TO CLEAR ANY POSSIBLE "CLOUDS" THAT MAY EXIST ON THE TITLE TO ALLOW THE OWNER TO DEVELOP THE PROPERTY Item #16A8 CONTRACT #13-6168 WITH HONC ENTERPRISES, INC. D/B/A/ HONC DESTRUCTION, AS PRIMARY CONTRACTOR AND PARAGON CONSTRUCTION UNLIMITED, INC. THE SECONDARY FOR DEMOLITION OF COMMERCIAL AND RESIDENTIAL STRUCTURES — TO DEMOLISH STRUCTURES CODE ENFORCEMENT HAS DEEMED ILLEGAL AFTER ALL LEGAL REQUIREMENTS HAVE BEEN MET AND PROPERTY OWNERS FAILED TO MEET COMPLIANCE; TWENTY (20) STRUCTURES ARE ESTIMATED FOR DEMOLITION THIS FY WITH AN AVERAGE COST OF $3,300 PER STRUCTURE Item #16A9 RELEASE OF LIEN WITH AN ACCRUED VALUE OF $11,154.80 FOR PAYMENT OF $1,354.80, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS Page 181 June 24, 2014 V. NEIL FORNEY, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20110010215, RELATING TO PROPERTY LOCATED AT 5573 COVE CIRCLE, COLLIER COUNTY, FLORIDA — BASED ON 41 DAYS OF ACCRUED FINES FOR AN UNMAINTAINED POOL BROUGHT INTO COMPLIANCE BY THE COUNTY IN DECEMBER, 2011 AND FOLLOWING FORECLOSURE A CERTIFICATE OF TITLE CONVEYED THE PROPERTY TO NEW OWNER ALEXANDER OPPLIGER, TRUSTEE OF THE 5573 COVE CIR TRUST Item #16A10 CLERK OF COURTS RELEASE OF IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC-13071 IN THE AMOUNT OF $113,320 AND POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.917-2, (PL20120002425) FOR WORK ASSOCIATED WITH BELLA FIRENZE AT TREVISO BAY — WORK WAS INSPECTED AND DEVELOPER HAS FULFILLED HIS COMMITMENTS WITH RESPECT TO THE SECURITY Item #16A11 RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE MARIA PHASE 3, (APPLICATION NUMBER PL20140000067) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY W/STIPULATIONS Item #16Al2 CLERK OF COURTS RELEASE OF A PERFORMANCE BOND Page 182 June 24, 2014 IN THE AMOUNT OF $445,000 POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20100000306) FOR WORK ASSOCIATED WITH VERONA WALK PHASE 4C — CONSTRUCTION PLANS WERE APPROVED AND PROPERTY HAS BEEN CLEARED AND STABILIZED SO A BOND IS NO LONGER REQUIRED FOR THIS PROJECT WITHIN THE WINDING CYPRESS PUD Item #16A13 EXCAVATION PERMIT NO. EXP-PL20140001110 TO ALLOW OFFSITE REMOVAL OF UP TO 100,000 CUBIC YARDS OF EXCESS FILL FROM A PREVIOUSLY APPROVED LAKE EXCAVATION AND IS ALSO TIED TO CURRENT AND PROPOSED EXCAVATIONS IN LELY RESORT'S SIGNATURE CLUB WITHIN THE LELY RESORT PUD — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A14 CLERK OF COURTS RELEASE OF A CASH BOND IN THE AMOUNT OF $97,520 POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.082, (PL20120001222) FOR WORK ASSOCIATED WITH HACIENDA LAKES OF NAPLES, PHASE 1 — ASSOCIATED WORK HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS WITH RESPECT TO THE SECURITY Item #16A15 RECORDING THE FINAL PLAT OF BENT CREEK PRESERVE PHASE 1A, APPLICATION NUMBER FP-PL20130002155 — Page 183 June 24, 2014 ENGINEERING SERVICES HAS COMPLETED THEIR REVIEW OF THE FINAL PLAT AND ALL FEES HAVE BEEN PAID ON THE PROJECT WITHIN THE BENT CREEK PRESERVE RPUD Item #16A16 A MEMORANDUM OF AGREEMENT BETWEEN COLLIER COUNTY AND THE BIG CYPRESS NATIONAL PRESERVE DETAILING TERMS OF A COMBINED EFFORT DESIGNED TO RESTORE MORE OF A NATURAL SURFACE WATER FLOW PATTERN TO A SECTION OF THE TURNER RIVER — USING A $60,000 SOUTH FLORIDA NATIONAL PARKS TRUST GRANT BIG CYPRESS RECEIVED THAT WILL BE SPENT OVER A PERIOD OF 2-YEARS ON MATERIAL NEEDED TO INSTALL THREE ADDITIONAL SETS OF CULVERTS UNDER TURNER RIVER ROAD WITH THE COUNTY CONTRIBUTING ALL LABOR AND EQUIPMENT NEEDED IN AN ATTEMPT TO DECREASE WASH-OUTS ON THIS LIME ROCK ROAD THAT HAVE LEAD TO WATER QUALITY ISSUES AND COSTLY REPAIRS ON THE COUNTY MAINTAINED ROAD THAT'S APPROXIMATELY 5.5 MILES EAST OF SR29 Item #16A17 CONTRACT #14-6228 WITH COASTAL PLANNING AND ENGINEERING INC. IN THE AMOUNT OF $127,566 FOR SERVICES RELATED TO SECURING COLLIER COUNTY A 15-YEAR BEACH RENOURISHMENT PERMIT, AUTHORIZE THE CHAIRMAN TO EXECUTE THE CORRESPONDING AGREEMENT, AUTHORIZE THE NECESSARY BUDGET AMENDMENT AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM. (PROJECT NO. 80165) — AS DETAILED Page 184 June 24, 2014 IN THE EXECUTIVE SUMMARY Item #16A18 A RANKED LIST OF DESIGN PROFESSIONALS PURSUANT TO RFP #14-6257, "DOCTORS PASS JETTY", AUTHORIZE STAFF TO NEGOTIATE A CONTRACT WITH THE TOP RANKED FIRM FOR SUBSEQUENT BOARD APPROVAL, AND MAKE A FINDING THE ITEM PROMOTES TOURISM (PROJECT NO. 90029) — FOR NEGOTIATIONS WITH HUMISTON & MOORE; AND IF THAT IS UNSUCCESSFUL WITH COASTAL PLANNING AND ENGINEERING. THIS IS FOR SERVICES NEEDED TO SECURE A PERMIT TO REBUILD THE DOCTORS PASS SOUTH JETTY AND THE DESIGN AND PERMITTING FOR AN EROSION CONTROL STRUCTURE Item #16A19 A WORK ORDER UNDER CONTRACT #13-6164-CZ WITH HUMISTON AND MOORE ENGINEERS FOR PROFESSIONAL ENGINEERING SERVICES, AS NEEDED, FOR THE MARCO ISLAND CENTRAL BEACH RE-GRADING PROJECT WITH A TIME AND MATERIAL AMOUNT NOT TO EXCEED $169,724; AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER, APPROVE THE NECESSARY BUDGET AMENDMENT, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM, PROJECT NO. 90062 — FOR PRELIMINARY DESIGN, STATE & FEDERAL PERMITTING, TECHNICAL SPECIFICATIONS AND BIDDING AND INSPECTIONS TO IMPROVE THIS AREA JUST SOUTH OF SAND DOLLAR ISLAND CONTINUING TO THE MARRIOTT Page 185 June 24, 2014 Item #16A20 — Moved to Item #11E (Per Agenda Change Sheet) Item #16A21 CONSULTANT RANKING BY QUADRANT FOR RFP #14-6190, GOLDEN GATE STORMWATER DRAINAGE IMPROVEMENT PROJECT DESIGN AND AUTHORIZE STAFF TO NEGOTIATE CONTRACTS WITH TOP RANKED FIRMS FOR SUBSEQUENT BOARD APPROVAL — FOR NEGOTIATIONS WITH AGNOLI BARBER AND BRUNDAGE, JOHNSON ENGINEERING, CH2M HILL AND RWA CONSULTING Item #16A22 A WORK ORDER UNDER CONTRACT #13-6164 WITH CB&I COASTAL PLANNING & ENGINEERING, INC., FOR A TIME AND MATERIAL AMOUNT NOT TO EXCEED $9,979 TO ASSIST WITH SUBMITTING A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) 2015-2016 LOCAL GOVERNMENT FUNDING REQUEST (LGFR), AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NO. 80165) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A23 DEVELOPER AGREEMENT BETWEEN NAPLES ASSOCIATES IV, LLLP (DEVELOPER) AND COLLIER COUNTY (COUNTY) TO PROVIDE DESIGN AND POST CONSTRUCTION SERVICES FOR INTERSECTION IMPROVEMENTS AT THE COLLIER BOULEVARD/IMMOKALEE ROAD INTERSECTION — AS Page 186 June 24, 2014 DETAILED IN THE EXECUTIVE SUMMARY Item #16B1 THE COMMUNITY REDEVELOPMENT AGENCY (CRA) TO APPROVE A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA, SABAL COURT RESTAURANT, INC., AND SABAL COURT, LLC, FOR PROPERTY LOCATED WITHIN THE BAYSHORE GATEWAY TRIANGLE AREA AT 3275 BAYSHORE DRIVE IN THE AMOUNT OF $3,550 — A RE-ROOFING PROJECT AT SABLE COURT RESTAURANT Item #16C1 AWARDING BID #13-6162R, "CHLORINATOR EQUIPMENT MAINTENANCE" TO WATER TREATMENT AND CONTROLS COMPANY AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED CONTRACT — TO PROVIDE LABOR AND PARTS FOR SEMI-ANNUAL INSPECTIONS, CLEANING AND PREVENTATIVE AND EMERGENCY MAINTENANCE AT THE NORTH & SOUTH COUNTY REGIONAL WATER TREATMENT PLANTS AND ASSOCIATED RE-PUMPING STATIONS — A 1-YEAR CONTRACT WITH THREE (3) 1-YEAR RENEWALS Item #16C2 WORK ORDER UNDER CONTRACT #08-5011-119 FOR THE AMOUNT OF $352,447 WITH MITCHELL & STARK CONSTRUCTION TO REPLACE PUMPS & MOTOR CONTROLS IN SLUDGE PUMP STATION NO. 4 UNDER NORTH COUNTY WATER RECLAMATION FACILITY PROJECT NO. 73968 — Page 187 June 24, 2014 EXISTING PUMPS AND MOTOR CONTROLS ARE 12-YEARS OLD — REACHING END OF USEFUL LIFE STATUS Item #16C3 UTILITY AND ACCESS EASEMENT AGREEMENT WITH THE KENSINGTON PARK MASTER ASSOCIATION, INC., FOR THE ACQUISITION OF AN EASEMENT AT ITS APPRAISED VALUE TO ACCOMMODATE REHABILITATION OF A WASTEWATER PUMPING STATION, WITH A TOTAL COST NOT TO EXCEED $900.00 (PROJECT NO. 70046) — THE EXISTING EASEMENT IS INSUFFICIENT IN SIZE FOR UPGRADES AND FOR ONGOING OPERATIONS & MAINTENANCE OF PUMP STATION (PS) 147 Item #16C4 A PURCHASE AND SALE AGREEMENT WITH DESIGNER'S COLLECTIBLES LLC AT A COST NOT TO EXCEED $308,000 TO PURCHASE PROPERTY FOR CONSTRUCTION OF A NEW WASTEWATER MASTER PUMP STATION AS PART OF THE WASTEWATER BASIN PROGRAM, PROJECT NO. 70050 — FOR THREE CONTIGUOUS VACANT LOTS AT 788 AND 792 110TH AVENUE NORTH THAT WILL BE HOME TO A NEW MASTER PUMP STATION (MPS) IN NAPLES PARK Item #16C5 INVITATION TO BID #14-6290 IN THE AMOUNT OF $207,850 WITH GULFSTREAM PETROLEUM SERVICES, INC., "NORTH COUNTY REGIONAL WATER TREATMENT PLANT DIESEL FUEL STORAGE TANK REPLACEMENT" AND AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $200,000 Page 188 June 24, 2014 (PROJECT NO. 71066) — TO REPLACE TWO 20,000 GALLON ABOVE GROUND DIESEL FUEL STORAGE TANKS AT NCRWTP THAT NO LONGER COMPLY WITH NATIONAL FIRE PROTECTION ASSOCIATION REGULATIONS Item #16D1 STATE HOUSING INITIATIVE PARTNERSHIP SUBRECIPIENT AGREEMENT WITH CENTRO CAMPESINO FARMWORKER CENTER, INC. FOR ADMINISTRATION OF AN OWNER OCCUPIED REHABILITATION PROGRAM WITH A TOTAL CONTRACT AWARD OF $856,000 AND ACCEPT A 6-MONTH EXTENSION OF THE EXPENDITURE DEADLINE FOR SHIP FY 2011/2012 PROGRAM FUNDS GRANTED BY THE FLORIDA HOUSING FINANCE CORPORATION — AN AGREEMENT EFFECTIVE JUNE 24, 2014 THROUGH SEPTEMBER 30, 2015 WITH A NON-PROFIT GROUP WHO HAVE SUCCESSFULLY ADMINISTERED SIMILAR PROGRAMS IN HENDRY AND DESOTO COUNTIES Item #16D2 A BUDGET AMENDMENT RECOGNIZING $828,973.79 OF STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM ALLOCATION AND PROGRAM INCOME FOR FY 2013/2014 — WILL BE USED TO PROVIDE PURCHASING ASSISTANCE, OWNER-OCCUPIED REHABILITATION ASSISTANCE AND FOR ADMINISTRATIVE SERVICES Item #16D3 AUTHORIZING STAFF TO ADVERTISE AN ORDINANCE Page 189 June 24, 2014 THAT WOULD REPEAL AND REPLACE ORDINANCE 94-39, AS AMENDED, KNOWN AS THE COLLIER COUNTY RESIDENTIAL REHABILITATION PROGRAM, TO ADOPT A REVISED PROGRAM TO BE KNOWN AS COLLIER COUNTY OWNER-OCCUPIED REHABILITATION PROGRAM AND BRING BACK A PROPOSED ORDINANCE FOR A PUBLIC HEARING Item #16D4 AMENDMENT NO. 4 TO A SUBRECIPIENT AGREEMENT WITH COLLIER COUNTY HOUSING AUTHORITY, INC. FOR TENANT BASED RENTAL ASSISTANCE TO EXTEND THE PROJECT COMPLETION DATE TO AUGUST 31, 2015, MODIFY BUDGET LANGUAGE FOR CONSISTENCY WITH OTHER AGREEMENTS AND UPDATE DEPARTMENT CONTACT INFORMATION — AN EXTENSION IS NEEDED TO ALLOW THE SUBRECIPIENT TIME TO ENTER INTO 12-MONTH LEASE AGREEMENTS WITH TENANTS, A REQUIREMENT PER HUD/HOME REGULATIONS Item #16D5 AMENDING THE NEIGHBORHOOD STABILIZATION ADMINISTRATIVE PLAN AND APPROVE AMENDMENT NO. 2 TO THE DEVELOPER AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. FOR THE NEIGHBORHOOD STABILIZATION PROGRAM 1 AND AMENDMENT NO. 5 TO THE DEVELOPER AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. FOR NEIGHBORHOOD STABILIZATION PROGRAM 3 TO REFLECT GRANT PROGRAM CLOSEOUT GUIDELINES Page 190 June 24, 2014 AND CLARIFY APPRAISAL REQUIREMENTS — NEEDED IN THE ADMINISTRATIVE PLAN AND DEVELOPER AGREEMENT REGARDING STANDARDS AND THE TIMEFRAME FOR PROPER APPRAISALS Item #16D6 FOUR SATISFACTIONS OF MORTGAGE FOR OWNER- OCCUPIED AFFORDABLE HOUSING UNITS THAT HAVE SATISFIED THE TERMS OF ASSISTANCE FOR COLLIER COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM — FOR PROPERTIES AT 244 PEBBLE BEACH CIRCLE B-201, 103A BOBOLINK WAY AND 940 AUTO RANCH ROAD IN NAPLES AND 710 NEW MARKET ROAD W. IN IMMOKALEE Item #16D7 A SATISFACTION AND RELEASE OF LIEN FOR PAYMENT OF COUNTYWIDE IMPACT FEES — FOR PROPERTY AT 4712 VERITY LANE, NAPLES AND REFUNDING PREMIUM TITLE SERVICES, INC. AN OVERPAYMENT OF $1,275.00 FOR MISCALCULATED FEES Item #16D8 RESOLUTION 2014-129: FORMALLY APPROVING THE COLLIER COUNTY FY2014-2015 1-YEAR HUD ANNUAL ACTION PLAN INCLUDING RE-PROGRAMMING FUNDS FROM PREVIOUS YEARS FOR COMMUNITY DEVELOPMENT BLOCK GRANTS, HOME INVESTMENT PARTNERSHIPS, AND EMERGENCY SOLUTIONS GRANT PROGRAMS; APPROVE THE RESOLUTION, U.S. DEPARTMENT OF Page 191 June 24, 2014 HOUSING URBAN DEVELOPMENT (HUD) CERTIFICATIONS AND SF-424 APPLICATION FOR FEDERAL ASSISTANCE, AND AUTHORIZE TRANSMITTAL TO HUD — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D9 THE FY14 PROGRAM OF TRANSIT SYSTEM OPERATIONS AND CAPITAL PROJECTS AND SUBMITTAL OF A GRANT APPLICATION FOR FEDERAL TRANSIT ADMINISTRATION, 49 USC § 5307 FY14 GRANT FUNDS IN THE AMOUNT OF $2,888,127 THROUGH THE TRANSPORTATION ELECTRONIC AWARD MANAGEMENT SYSTEM — FUNDS AWARDED TO ALTERNATIVE TRANSPORTATION MODES DEPARTMENT FOR THE COLLIER AREA TRANSIT (CAT) SYSTEM TO BE USED MAINLY ON CAPITAL PROJECTS INCLUDING BUS SHELTERS AND SECURITY ENHANCEMENTS, BUS REPLACEMENT AND MAINTENANCE, ADA SERVICES, AND OPERATING ASSISTANCE AT THE RADIO ROAD FACILITY Item #16D10 FY14 PROGRAM OF TRANSIT SYSTEM CAPITAL PROJECTS AND SUBMITTAL OF A GRANT APPLICATION FOR THE FEDERAL TRANSIT ADMINISTRATION, 49 USC § 5339 FY14 GRANT FUNDS OF $365,428 THROUGH TRANSPORTATION ELECTRONIC AWARD MANAGEMENT SYSTEM — FUNDS AWARDED WILL BE USED FOR COLLIER AREA TRANSIT (CAT) PROJECTS THAT MAY INCLUDE RADIO ROAD ADA AND SECURITY ENHANCEMENTS AND ADMINISTRATION Item #16D11 Page 192 June 24, 2014 THE 2014 ANNUAL PROGRESS REPORT OF THE COLLIER COUNTY TRANSIT DEVELOPMENT PLAN AND AUTHORIZE ITS SUBMISSION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION — FOR PLANNING PURPOSES AND MUST BE DONE TO CONTINUE RECEIVING STATE GRANT FUNDS Item #16D12 SUBMITTING A FY 2013/14 GRANT APPLICATION FOR FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE FUNDS THROUGH THE FEDERAL TRANSIT ADMINISTRATION'S TRANSPORTATION ELECTRONIC AWARD MANAGEMENT SYSTEM IN THE AMOUNT OF $294,000 FOR ADDITIONAL BUS SHELTERS — FOR DESIGN AND CONSTRUCTION OF TWELVE (12) BUS SHELTERS AND A REQUEST OF $73,500 IN TOLL REVENUE CREDITS FROM FDOT FOR A SOFT MATCH Item #16D13 SUBMITTING A FY 2014/15 GRANT APPLICATION FOR FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE FUNDS IN THE AMOUNT OF $287,124 THROUGH THE FEDERAL TRANSIT ADMINISTRATION'S TRANSPORTATION ELECTRONIC AWARD MANAGEMENT SYSTEM FOR THE CONSTRUCTION OF ADDITIONAL BUS SHELTERS — FOR DESIGN AND CONSTRUCTION OF TWELVE (12) BUS SHELTERS AND A REQUEST OF $71,781 IN TOLL REVENUE CREDITS FROM FDOT FOR THE SOFT MATCH Item #16D14 Page 193 June 24, 2014 A SUBSTANTIAL AMENDMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FY2010-2011 HUD ANNUAL ACTION PLAN, AS AMENDED, TO REDIRECT FUNDS TO THE IMMOKALEE CRA FIRST STREET PLAZA (A/K/A ZOCALO) PROJECT IN THE AMOUNT OF $34,000 Item #16D15 A ONE-TIME EXHIBITION AND FACILITY USE RENTAL AGREEMENT WITH MARCO ISLAND FOUNDATION FOR THE ARTS TO PROVIDE EXHIBIT AND AFTER-HOUR EVENT RECEPTION SPACE AT THE MARCO ISLAND HISTORICAL MUSEUM — FOR THE COMMUNITY FUNDRAISING EVENT "PAINTING S.W. FLORIDA HISTORY — CALL TO ARTISTS" FROM JANUARY 6-MARCH 28, 2015 WITH A PERCENTAGE OF FUNDS RAISED GOING TO THE COUNTY Item #16D16 RESOLUTION 2014-130: APPROVING EXPENDITURE OF FUNDS NOT TO EXCEED $2,000 FOR ACTIVITIES AND INCENTIVE PRIZES ASSOCIATED WITH THE 2014 UNITED WAY OF COLLIER COUNTY CAMPAIGN AND WAIVING THE ENTRANCE FEES INTO THE SUN-N-FUN LAGOON FOR THOSE PARTICIPATING IN THE UNITED WAY'S WALK ON SEPTEMBER 27, 2014 Item #16D17 AMENDMENTS AND ATTESTATION STATEMENTS WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. Page 194 June 24, 2014 FOR COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER'S DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY PROGRAMS TO EXTEND THE TERM OF THE AGREEMENTS AND ENSURE CONTINUOUS FUNDING FOR FY 2013/2014 — AMENDMEN T NO. 8 TO EXTEND CONTRACT ADI 203. 13 TO AUGUST 30, 2014 UNTIL A TIME FUNDING RENEWAL FROM FLORIDA DEPARTMENT OF ELDER AFFAIRS IS PRESENTED Item #16D18 AMENDMENTS AND ATTESTATION STATEMENTS WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE COMMUNITY CARE FOR THE ELDERLY AND ALZHEIMER'S DISEASE INITIATIVE PROGRAM TO INCREASE FY 2013/14 FUNDING (FISCAL IMPACT: $55,356) — AMENDMENT NO. 10 TO CONTRACT CCE 203. 12 TO SHIFT FUNDS BETWEEN ALLOCATED CATEGORIES AND ADI 203. 12 AMENDMENT NO. 9 TO INCREASE ALLOCATIONS Item #16E1 A COLLECTIVE BARGAINING AGREEMENT BETWEEN COLLIER COUNTY & LOCAL NUMBER 4719, PROFESSIONAL FIRE AND MARINE RESCUE OF THE ISLES OF CAPRI, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS — IN EFFECT JUNE 24, 2014 THROUGH SEPTEMBER 30, 2017 AND ALLOWS THE COUNTY, WITH NOTICE TO THE UNION, TO ASSIGN THE AGREEMENT IN THE EVENT ISLES OF CAPRI FIRE DISTRICT MERGES OR IS CONSOLIDATED, JOINED, UNITED OR ENTERS INTO CONTRACTUAL MANAGEMENT WITH ANOTHER AGENCY Page 195 June 24, 2014 Item #16E2 AN ASSUMPTION AGREEMENT WITH INTELLIGENT INFRASTRUCTURE SOLUTIONS, LLC AS IT RELATES TO CONTRACT #12-5985, FIBER OPTIC INSTALLATION, REPAIR AND MAINTENANCE — TO ASSIGN RIGHTS, DUTIES AND OBLIGATIONS AFTER THE PREVIOUS CONTRACTOR, SPE UTILITY CONTRACTORS WAS ACQUIRED BY INTELLIGENT Item #16E3 BUDGET AMENDMENTS IN THE AMOUNT OF $185,000 FOR AMERICANS WITH DISABILITIES ACT IMPROVEMENTS TO PUBLIC RESTROOMS ON THE 3RD FLOOR OF W. HARMON TURNER ADMINISTRATION BUILDING "F"— TO COMPLY WITH CURRENT ADA GUIDELINES Item #16E4 AUTHORIZE THE COUNTY ATTORNEY TO ADVERTISE AN AMENDMENT TO ORDINANCE NO. 83-25, AS AMENDED, TO CORRECT THE NAME OF THE DEFERRED COMPENSATION PROVIDER TO NATIONWIDE RETIREMENT SOLUTIONS, INC. PREVIOUSLY KNOWN AS NATIONAL ASSOCIATION OF COUNTIES (NACO) AND PREVIOUSLY ADMINISTERED BY PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION (PEBSCO), TO APPROVE REMOVAL OF SECTION 2 OF THE ORDINANCE REMOVING THE ADVISORY COMMITTEE, AND INCLUDE THE SUPERVISOR OF ELECTIONS (SOE) UNDER DEFERRED COMPENSATION PLANS OF THE BOARD OF COUNTY COMMISSIONERS Page 196 June 24, 2014 Item 416E5 RESOLUTION 2014-131 : AUTHORIZING CANCELLATION OF 2014 TAXES UPON A FEE-SIMPLE INTEREST IN LAND THAT THE COUNTY ACQUIRED BY WARRANTY DEED FOR CONSERVATION COLLIER WITHOUT MONETARY COMPENSATION Item 416E6 RANK OF FIRMS UNDER RFP #14-6255R, ARCHITECTURAL, ENGINEERING AND CONSTRUCTION ADMINISTRATIVE SERVICES FOR THE ORANGE TREE SHERIFF'S SUBSTATION AND DIRECT STAFF TO BRING A NEGOTIATED CONTRACT TO THE BOARD FOR SUBSEQUENT APPROVAL — IN THE RANKED ORDER: BSSW ARCHITECTS INC., HARVARD JOLLY AND RQAW CONSULTING ENGINEERS AND ARCHITECTS, FOR SERVICES RELATED TO CONSTRUCTION OF THE NEW SHERIFF'S SUBSTATION ON THE SAME PARCEL AS THE CURRENT COLLIER COUNTY EMS-12 STATION AND OCCUPANCY IN THE SECOND HALF OF 2015 Item #16F 1 RESOLUTION 2014-132: ACCEPTING THE FIFTH ANNUAL REPORT ON THE "IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT" AND A RESOLUTION EXTENDING THE SUNSET DATE OF THE PROGRAM TO JULY 1 , 2015 BASED ON CONTINUING PROGRAM INTEREST Item 416F2 Page 197 June 24, 2014 RESOLUTION 2014-133: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2013-14 ADOPTED BUDGET Item #16F3 THE USE OF TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDS TO SUPPORT NATIONAL FBU YOUTH FOOTBALL CHAMPIONSHIPS IN DECEMBER, 2014 UP TO $125,000 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — ACTIVITIES INCLUDE CHAMPIONSHIP GAMES FOR 6TH, 7TH AND 8TH GRADERS, COACH'S CLINICS, ALL STAR GAMES AND REGIONAL QUALIFIERS; FINAL GAMES WILL BE NATIONALLY TELEVISED ON NBC GIVING THE AREA GREAT EXPOSURE AND AN ESTIMATED $2.5 MILLION IN VISITOR SPENDING Item #16F4 TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDING TO SUPPORT THE CONNECTSPORTS EXECUTIVE SPORTS FORUM IN NOVEMBER, 2014 UP TO $15,000 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — THE FORUM IS HELD TO BRING IN SPORTS INDUSTRY PLANNERS INCLUDING SENIOR PERSONNEL FROM USA CYCLING, GYMNASTICS, VOLLEYBALL, LACROSSE, ELITE TOURNAMENTS, THE INTERNATIONAL SENIOR SOFTBALL ASSOCIATION AND OTHER NATIONAL BODIES WITH FUNDS USED TO UNDERWRITE EVENT RIGHTS HOLDERS' AIR FARE, GROUND TRANSPORTATION AND TO SPONSOR EVENTS RELATED TO THE FORUM Page 198 June 24, 2014 Item #16F5 AUTHORIZING THE CHAIRMAN, AS A MEMBER OF THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM, TO APPROVE THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC., PROPOSED FY 2014/2015 BUDGET AS PROVIDED FOR IN THE WORKFORCE INVESTMENT ACT SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F6 BID #14-6272 IN THE AMOUNT OF $781,924.59 TO QUALITY ENTERPRISES, USA, INC. FOR THE PELICAN BAY NORTH BERM RESTORATION AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT AND APPROVE ALL NECESSARY BUDGET AMENDMENTS — TO MAINTAIN FUNCTIONALITY AND PEDESTRIAN ACCESS TO THE NORTH BEACH, BERM SIDE SLOPES WILL BE RESTORED AND SEDIMENT BARRIERS INSTALLED BETWEEN PELICAN BAY COMMONS AND THE PELICAN BAY NORTH TRAM STATION Item #16G1 CONVEYANCE OF TWO UNDERGROUND EASEMENTS (BUSINESS) TO FLORIDA POWER & LIGHT COMPANY FOR ELECTRICAL SERVICE AT MARCO ISLAND EXECUTIVE AIRPORT ON MAINSAIL DRIVE — PART OF THE RUNWAY 17-25 REHAB TO INSTALL UNDERGROUND ELECTRIC Page 199 June 24, 2014 INFRASTRUCTURE AND PROVIDE ELECTRICAL SERVICE FOR THE NEW AIRPORT ROTATING BEACON Item #16G2 EXECUTING A COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE WITH FLETCHER FLYING SERVICES, INC., FOR A MOBILE OFFICE AT IMMOKALEE AIRPORT — A $500 MONTH-TO-MONTH LEASE FOR A 24 X 48-FOOT STRUCTURE OWNED BY THE AUTHORITY WITH ALL UTILITIES THE TENANT' S RESPONSIBILITY Item #16G3 EXECUTING A COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE WITH RAVEN AIR MARCO ISLAND, LLC, D/B/A ISLAND HOPPERS AT THE MARCO ISLAND EXECUTIVE AIRPORT — TENANT CURRENTLY HAS A LEASE AND PLANS TO ADD OFFICE AND COUNTER SPACE FOR ADMINISTRATIVE PURPOSES AND TO SERVE CUSTOMERS FOR CHARTERED FLIGHTS, AIRPLANE AND HELICOPTER SIGHTSEEING TOURS, FLIGHT INSTRUCTION AND AIRCRAFT SALES FOR THE MONTH-TO-MONTH RENT OF $378.42 Item #16H1 RESOLUTION 2014-134: REAPPOINTING THREE MEMBERS TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD — REAPPOINTING SHANE SHADIS (AT-LARGE CATEGORY), LARRY INGRAM (US41 BUSINESS OWNER) AND STEPHEN MAIN (BAYSHORE Page 200 June 24, 2014 BUSINESS OWNER) TO 3-YEAR TERMS Item #16H2 RESOLUTION 2014-135: APPOINTING MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE — APPOINTING MICHAEL P. BOHAYCHYK (CATEGORY OF EMPLOYERS WITHIN JURISDICTION) TO A TERM EXPIRING OCTOBER 1 , 2017 AND REAPPOINTING JOHN L. COWAN (CITY OF NAPLES REPRESENTATIVE) TO A TERM EXPIRING SEPTEMBER 2, 2017 Item #16H3 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC ASSOCIATION LUNCHEON MAY 15, 2014. A SUM OF $18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE HAMILTON HARBOR YACHT CLUB, 7065 HAMILTON AVENUE, NAPLES Item #16H4 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED A NAPLES PRESS CLUB LUNCHEON MAY 22, 2014. A SUM OF $25 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT THE HILTON NAPLES, 5111 TAMIAMI TAIL NORTH Item #16J1 Page 201 June 24, 2014 PROVIDING THE BOARD OF COUNTY COMMISSIONERS CLERK OF THE CIRCUIT COURT'S INTERNAL AUDIT REPORT 2014-10, PARKS AND RECREATION IMMOKALEE SPORTS COMPLEX FOLLOW-UP CASH REVIEW ISSUED JUNE 18, 2014 Item #16J2 PROVIDING THE BOARD OF COUNTY COMMISSIONERS CLERK OF THE CIRCUIT COURT INTERNAL AUDIT REPORT 2014-11, PARKS AND RECREATION IMMOKALEE COMMUNITY PARK CASH REVIEW ISSUED JUNE 18, 2014 Item #16J3 PROVIDING THE BOARD OF COUNTY COMMISSIONERS CLERK OF THE CIRCUIT COURT INTERNAL AUDIT REPORT 2014-12, PARKS AND RECREATION BEACH PARKING CASH REVIEW ISSUED JUNE 18, 2014 Item #16J4 PROVIDING THE BOARD OF COUNTY COMMISSIONERS CLERK OF THE CIRCUIT COURT INTERNAL AUDIT REPORT 2014-9, JOB CREATION & RETENTION AGREEMENT HAYNES CORPORATION ISSUED JUNE 18, 2014 Item #16J5 A REQUEST THE BOARD OF COUNTY COMMISSIONERS USE $25,000 FROM CONFISCATED TRUST FUNDS TO SUPPORT Page 202 June 24, 2014 THE COLLIER 211 CAMPAIGN — TO SUPPORT THE UNITED WAY'S INFORMATION AND REFERRAL SERVICE Item #16J6 BUDGET AMENDMENT TO RECOGNIZE $1,402,500 IN REVENUE AND EXPENDITURES IN THE SHERIFF'S FY2014 GENERAL FUND BUDGET — FOR UNSPENT COLLECTED FEES RETURNED TO THE BOARD FOR SERVICES PROVIDED BY THE SHERIFF'S DEPARTMENT INCLUDING DETAILED CONTRACTS, SEXUAL PREDATOR COLLECTIONS, INMATE SUBSISTENCE NEEDS, HOUSING AND INMATE LABOR Item #16J7 EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF JUNE 5, 2014 THROUGH JUNE 11, 2014 Item #16J8 EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF JUNE 12, 2014 THROUGH JUNE 18, 2014 Item #16J9 AUTHORIZING THE CHAIRMAN TO SIGN A LETTER DESIGNATING SOUTHWEST FLORIDA CRIME STOPPERS, INC., A NON-PROFIT AGENCY, THE AGENT FOR THE PURPOSE OF APPLYING FOR AND RECEIVING FUNDS FROM THE CRIME STOPPERS TRUST FUND — A PROGRAM Page 203 June 24, 2014 FUNDED SOLELY WITH DONATIONS AND GRANTS THAT ASKS COMMUNITY MEMBERS TO HELP FIGHT CRIME BY SUPPLYING LEADS OR ON-LINE TIPS THAT OFFERS A REWARD FOR TIPS THAT LEAD TO THE ARREST AND CONVICTION OF CRIMINALS Item #16K1 FINAL JUDGMENT IN THE AMOUNT OF $1,200 FOR PARCEL 105TCE AND 106TCE ALONG WITH STATUTORY ATTORNEY FEES IN THE LAWSUIT STYLED COLLIER COUNTY FLORIDA V. MODELYNE JEAN GILLES, ET AL., CASE NO. 14-CA-764 FOR COLLIER BOULEVARD EXPANSION PROJECT NO. 68056. (FISCAL IMPACT: $1,008) — FOR TAKING TWO TEMPORARY CONSTRUCTION EASEMENTS TOTALING 1,650 SQ. FEET Item #16K2 THREE PAYMENTS FOR FEES AND COSTS CLAIMED BY A PROPERTY OWNER'S ATTORNEY AND EXPERT WITNESSES IN CONNECTION WITH THE TAKING OF PARCEL 116FEE, 116TCE 1 , 116TCE2, AND 116TCE3 IN THE LAWSUIT STYLED COLLIER COUNTY V. RTG, LLC, A NEBRASKA LIMITED LIABILITY COMPANY, ET AL, CASE NO. 2013-CA-259 FOR US41/COLLIER BLVD INTERSECTION IMPROVEMENT PROJECT #60116. (FISCAL IMPACT: $571,207) — A TAKING OF RIGHT-OF-WAYS AND TEMPORARY CONSTRUCTION EASEMENTS FOR INVOICES THAT WERE PRESENTED AFTER THE JANUARY, 2014 WEEK-LONG TRIAL THE COUNTY IS CONSTITUTIONALLY MANDATED TO PAY Item #16K3 Page 204 June 24, 2014 STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $3,500 FOR ALL COSTS ASSOCIATED WITH THE TAKING OF PARCEL 134TDRE FOR CONSTRUCTION OF OIL WELL ROAD (PROJECT NO 60044) IN THE CASE STYLED COLLIER COUNTY V. CHRISTOPHER LINK, ET AL., CASE NO. 07-4218- CA (FISCAL IMPACT: $3,570) — FEES ASSOCIATED WITH PLANS THAT WERE MODIFIED TO REBUILD A PROPERTY OWNER'S DRIVEWAY Item #161(4 STIPULATED ORDER OF TAKING AND FINAL JUDGMENT IN THE AMOUNT OF $5,300 FOR PARCEL 156TCE III THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. ROBERT E. WILLIAMS, TR., ET AL., CASE NO. 14-CA-816 FOR COLLIER BOULEVARD EXPANSION PROJECT NO. 68056 (FISCAL IMPACT: $5,470) — FOR THE CONDEMNATION OF A 3,301 SQUARE FOOT TEMPORARY CONSTRUCTION EASEMENT THAT INCLUDED NEGOTIATED COMPENSATION FOR ATTORNEY FEES AND THE COUNTY TO TEMPORARILY USE THE OWNER'S PROPERTY TO STORE EQUIPMENT Item #161(5 MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $129,278.63 FOR THE ACQUISITION OF PARCEL 206DAME IN THE LAWSUIT STYLED COLLIER COUNTY, FLORIDA V. JOHN D. LAWRENCE, ET AL., CASE NO. 11-3207-CA. OUTFALLS 3 AND 4/LASIP PROJECT #51101 . (FISCAL IMPACT: $122,328.63) — AS DETAILED IN THE EXECUTIVE SUMMARY Page 205 June 24, 2014 Item #16K6 AFTER-THE-FACT FILING OF A JOINT PETITION WITH THE FLORIDA ASSOCIATION OF COUNTIES ("FAC") AND OTHER COUNTIES TO CHALLENGE PROPOSED NEW RULES RELATED TO BILLING AND COLLECTION OF THE COUNTY COST SHARE FOR JUVENILE PRE-DISPOSITION SECURED DETENTION (POTENTIAL FISCAL IMPACT: $3,500) — A PETITION SEEKING A REFUND IN EXCESS OF $5 MILLION FROM THE STATE IN REGARDS TO OVERPAYMENTS FROM THE COUNTY TO THE DEPARTMENT OF JUVENILE JUSTICE Item #17A RESOLUTION 2014-136: PETITION VAC-PL20140000611, TO DISCLAIM, RENOUNCE AND VACATE COUNTY AND PUBLIC INTEREST IN A 60-FOOT PUBLIC ROAD RIGHT-OF- WAY DESCRIBED AND RECORDED IN OFFICIAL RECORD BOOK 590, PAGE 1304, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA Item #17B RESOLUTION 2014-137: PETITION VAC-PL20140000073, TO VACATE COUNTY AND PUBLIC INTEREST IN THE STORMWATER DRAINAGE EASEMENT (EXHIBIT A-2 ONLY) AS RECORDED IN OFFICIAL RECORD BOOK 3188, PAGES 1727 THROUGH 1733 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, Page 206 June 24, 2014 BEING MORE SPECIFICALLY SHOWN IN EXHIBIT A Item #17C RESOLUTION 2014-138: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROPOSING AN AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, SPECIFICALLY AMENDING THE IMMOKALEE AREA MASTER PLAN ELEMENT AND IMMOKALEE AREA FUTURE LAND USE MAP TO ADD APPROXIMATELY 24.99 ACRES TO THE SR-29 AND JEFFERSON AVENUE COMMERCIAL SUBDISTRICT OF THE URBAN-COMMERCIAL DISTRICT, TO ALLOW FOR THE DEVELOPMENT OF UP TO 162,000 SQUARE FEET OF C-1 (COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT), C-2 (COMMERCIAL CONVENIENCE DISTRICT), C-3 (COMMERCIAL INTERMEDIATE DISTRICT), AND C-4 (GENERAL COMMERCIAL DISTRICT) COMMERCIAL USES AS DESCRIBED IN THE LAND DEVELOPMENT CODE (LDC); TO EXEMPT DEVELOPMENT ON THE SUBJECT SITE FROM THE ARCHITECTURAL AND SITE DESIGN STANDARDS OF LDC SECTION 5.05.08, AND THE SIGN STANDARDS OF LDC SECTION 5.06.00; AND PROVIDE THAT ARCHITECTURAL, SITE DESIGN AND SIGN STANDARDS BE ESTABLISHED THROUGH THE REZONING OF THE SUBJECT SITE, AND FURTHERMORE RECOMMENDING TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO). THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF WESTCLOX STREET AND STATE ROAD 29 IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. (CP-2013-8/PL20130001345) Page 207 June 24, 2014 Item #17D RESOLUTION 2014-139: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2013-14 ADOPTED BUDGET There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 3:39 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL ISTRI/STS UNDER ITS CONTROL TOM I TNI AIRMAN ATTEST DWIGHT E. BROCK, CLERK • N..0 1:'4-41: Attest as o Cha i ' s,,w The** 'J' es O q' 161 roved by the Board on ?jot , as presented V or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 208