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Exhibit C BCC Minutes 4-26-16April 26, 2016 MR. OCHS: Ten minutes, ma'am? CHAIRMAN FIALA: Oh, yes. Well, we could be back -- let's make it all the way to 11 o'clock. MR. OCHS: 11 o'clock. We'll be back at 11 a.m. Thank you. A brief recess was had.) CHAIRMAN FIALA: Everyone take their seats. MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN FIALA: Thank you very much. I'm going to ask, in the interest of time and because for today only, I just have to leave here at 11:15 promptly. I've got somebody waiting for me -- a security guy right in the audience to make sure I get out of here on time. So I was going to ask if we could please just -- quickly just get to No. 11D and just discuss that. That was about the RaceTrac. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: But we have to have Commissioner Taylor here, too. I don't know where she is. COMMISSIONER HILLER: Do you want it at 5 o'clock? MR. OCHS: We'll go ahead and -- CHAIRMAN FIALA: No. This isn't -- that isn't what it is. Well, we can -- 11D — Item #11D FORWARDING PETITION NUMBER ASW-PL20150002369, WHICH SEEKS THE GRANTING OF A WAIVER FROM THE MINIMUM REQUIRED SEPARATION DISTANCE OF 500 FEET BETWEEN FACILITIES WITH FUEL PUMPS, FOR THE PROPOSED RACETRAC TO BE LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN FREDERICK STREET AND PALM STREET, WHICH MATTER IS PRESENTLY SCHEDULED TO Page 63 April 26, 2016 BE HEARD BY THE BOARD OF COUNTY COMMISSIONERS BOARD) ON MAY 24, 2016, TO EITHER THE HEARING EXAMINER OR THE COLLIER COUNTY PLANNING COMMISSION (PLANNING COMMISSION) FOR A FINDING OF FACTS AND RECOMMENDATION TO THE BOARD - MOTION TO REMAND THIS ITEM TO THE COLLIER COUNTY HEARING EXAMINER FOR HIS REVIEW — APPROVED MR. OCHS: Yes, ma'am. 11D is to ask the Board if they want to consider forwarding the petition having to do with the requested waiver of the minimum required separation distance between fuel pumps for the proposed RaceTrac project at the corner of U.S. 41 and Frederick and Palm Streets. That is scheduled to be heard by the Board to, perhaps, remand that for a hearing first to either your Hearing Examiner or the Collier County Planning Commission for a finding of fact. CHAIRMAN FIALA: Right, right. And so, Commissioner Nance? COMMISSIONER NANCE: Yes. I think this is a very thoughtful and wise agenda item. I'm -- based on his previous works, I'm going to make a motion to remand this to Mr. Strain and allow him to put us together an analysis and deliver the facts to the Board for their consideration. I think he's done an excellent job in this sort of work in the past, and it's been to our benefit, and I think that will help us -- COMMISSIONER HILLER: I'll second that. COMMISSIONER NANCE: -- put this in perspective. COMMISSIONER HILLER: I'll second it. CHAIRMAN FIALA: Okay. There's a second. Commissioner Taylor? COMMISSIONER TAYLOR: Yes. I was going to make the Page 64 April 26, 2016 same motion. I think, clearly, from his work at Haldeman Creek, which was kind of-- well, it wasn't my introduction, but close to it, in my beginning of my term as a commissioner. It was, I think -- CHAIRMAN FIALA: A fire ring. COMMISSIONER TAYLOR: Yeah, yeah. It was -- it was well done. It will be a public meeting. I think he can certainly -- he has shown that he will be very professional, get rid of the politics and deal with the facts and do the research. So I would agree. CHAIRMAN FIALA: Okay. Any further comments? COMMISSIONER HILLER: No. CHAIRMAN FIALA: Okay. Then all in favor of this motion, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: And opposed, like sign. No response.) Item #1 lE RECOMMENDATION TO ADOPT A RESOLUTION TO HOLD A PUBLIC HEARING TO CONSIDER VACATING ONE 30-FOOT WIDE PUBLIC RIGHT-OF-WAY, AND A PORTION OF ONE 30- FOOT WIDE PUBLIC RIGHT-OF-WAY, BEING A PART OF COL-LEE-CO TERRACE, PLAT BOOK 1, PAGE 32 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (VAC-PL20150002788) THE SUBJECT PROPERTY IS LOCATED ON THE Page 65 April 26, 2016 SOUTHWEST CORNER OF THE TAMIAMI TRAIL EAST (U.S. 41) AND THE PALM STREET INTERSECTION) - MOTION TO FORWARD THIS ITEM TO THE COLLIER COUNTY HEARING EXAMINER FOR HIS DETERMINATION — APPROVED MR. OCHS: Madam Chair, thank you. And, Commissioners, there's a companion, 11E. This will take just a moment, I believe. It was a request for the Board to schedule a public hearing to consider vacating some public right-of-way on that same project site. You can either approve that, deny it, or continue that to a later date to synchronize it with the hearing that's scheduled after you get your report from your Hearing Examiner. COMMISSIONER TAYLOR: I would make a -- MR. OCHS: It is required -- the hearing is required as part of the state statutory process. I'm looking at my colleague across the room there for some guidance. MR. KLATZKOW: Yeah. If you want to hear both items in a public hearing at the same date, then I would suggest you do that. But my recommendation on 11E is simply continue it. COMMISSIONER TAYLOR: I would make a motion to continue. CHAIRMAN FIALA: And second? COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Question on the motion. CHAIRMAN FIALA: Pardon me? COMMISSIONER HENNING: Question on the motion. CHAIRMAN FIALA: Sure. COMMISSIONER HENNING: Is this -- this doesn't have to go to the Planning Commission? MR. KLATZKOW: No, sir. Page 66 April 26, 2016 COMMISSIONER HENNING: Wouldn't you want to send it to the Planning Commission so it can be aired? CHAIRMAN FIALA: Actually, I like that idea. MR. OCHS: Sir, are you referring to 11E, the vacation of the right-of-way? COMMISSIONER HENNING: Right. COMMISSIONER NANCE: That's a resolution. COMMISSIONER HENNING: Is that the one we're on? MR. OCHS: Yes, sir. COMMISSIONER HENNING: That's what I thought. MR. OCHS: There's a statutory process, I think, that's defined there. Jeff? MR. KLATZKOW: Well, the statutory process is the Board would adopt a resolution to set an advertising date, and then we would bring it back. If you're asking that this be heard at the same time with the prior item, the 500-foot waiver item, that -- the Board could do that if it would like. I would suggest, rather than the Planning Commission, since you're sending it to Mr. Stain, you'd send this one to Mr. Strain as well. COMMISSIONER HILLER: I agree. COMMISSIONER HENNING: Okay. COMMISSIONER TAYLOR: Can we -- what would you -- COMMISSIONER HENNING: You have to modify your motion. COMMISSIONER TAYLOR: To be held at the same time? In conversations, I don't think it should be held at the same time. In the same day -- MR. KLATZKOW: Yes, ma'am. COMMISSIONER TAYLOR: -- but I think it could be -- you're talking -- CHAIRMAN FIALA: After. Page 67 April 26, 2016 COMMISSIONER TAYLOR: -- the same day? Maybe one hearing after another, I would agree, but not the same day (sic). CHAIRMAN FIALA: But this can't be heard before the other because -- COMMISSIONER TAYLOR: That's correct. CHAIRMAN FIALA: -- it changes the outcome -- COMMISSIONER TAYLOR: Right. CHAIRMAN FIALA: -- and we all know that. COMMISSIONER TAYLOR: Yeah. MR. KLATZKOW: You have similar facts and circumstances between the two. I'd allow Mr. Strain to -- if you're going to send both items there -- to use his discretion on how he thinks best to hear it. COMMISSIONER TAYLOR: Okay. Then I'll withdraw my motion to continue and make a motion that we'll send this -- forward this to Mr. Strain for his determination how he wants to handle it but that he also addresses the waiver. CHAIRMAN FIALA: Okay. This would be -- MR. KLATZKOW: It would be the vacation. CHAIRMAN FIALA: -- following -- this would be -- this would be the second one he would hear after the first one, correct? COMMISSIONER TAYLOR: That is correct. Whether it's the same day or next week or the next month, that's going to be up to his schedule. MR. KLATZKOW: Because you're going to have the same -- you're going to have the same members of the public on both. COMMISSIONER NANCE: It would be very convenient for them. MR. KLATZKOW: It would be convenient for them if-- CHAIRMAN FIALA: I just want to make sure that it's in the right order. MR. KLATZKOW: Yeah. Page 68 April 26, 2016 CHAIRMAN FIALA: Okay. Did I hear a second? I'll second it. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: And opposed, like sign. No response.) CHAIRMAN FIALA: Very good. MR. OCHS: Thank you, Madam Chair, Commissioners. Item #5A AN OVERVIEW OF THE PROCESS FOR THE EASTERN COLLIER HABITAT CONSERVATION PLAN (HCP) BEING CARRIED OUT BY THE US FISH AND WILDLIFE SERVICE — PRESENTED MR. OCHS: That takes us to your 11 a.m. time-certain hearing this morning. That was Item 10B that was moved on the agenda to become Item 5A under presentations. This is a presentation to provide an overview of the process for the Eastern Collier Habitat Conservation Plan being carried out by the U.S. Fish and Wildlife Service, and this item was brought forward on the agenda by Commissioner Taylor. COMMISSIONER TAYLOR: Thank you very much. Are you Mr. McDonald? MR. McDONALD: I am. COMMISSIONER TAYLOR: Nice to meet you. Page 69