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BCC Minutes 12/13/2016 R BCC REGULAR MEETING MINUTES December 13, 2016 December 13, 2016 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, December 13, 2016 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: Donna Fiala Penny Taylor William L. McDaniel, Jr. Burt L. Saunders Andy Solis ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Director of Finance and Accounting Troy Miller, Communications & Customer Relations December 13, 2016 Page 2 MR. OCHS: Ladies and gentlemen, please take your seats. Thank you very much. Madam Chair, you have a live mike. CHAIRMAN FIALA: And the room comes to a hush. Isn't that kind of nice? Yes, thank you very much, County Manager. I'm just getting my stuff here together. But let's start with the prayer, and Reverend Kirt Anderson will lead us in prayer. Please stand. Item #1A INVOCATION GIVEN BY REVEREND KIRT ANDERSON OF NAPLES COMMUNITY CHURCH REVEREND ANDERSON: Well, I have to say I'm here today because of Bill McDaniel, and it was his request that I come. And Bill and I coached at North Naples Regional Park together for about five years. COMMISSIONER McDANIEL: Yes. REVEREND ANDERSON: And now that he's gone, we're winning. So greetings from Naples Community Church. Let's all bow together. Our loving God, no one is appointed to positions of service without the deliberate employment of your will. Their challenge is to listen as they lead and to serve as they govern. They are charged with the responsibility of constructing and maintaining a moral ecology that reflects the highest values of human community. This is the healthiest, happiest place to live in the country and accomplishment of discernment and effort. So guide these Commissioners in their work, for these are no ordinary deliberations. December 13, 2016 Page 3 May they discharge their duties with the joy that comes from the privilege to serve, set aside any rancor or self-interest, and unify their purpose in mutual humility and care. We pray under the sovereign watch of your incarnate love. Amen. CHAIRMAN FIALA: And then, Commissioner Taylor, would you lead us in the Pledge, please. COMMISSIONER TAYLOR: I'd be honored. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: You and I look half like a Christmas tree, green and red. COMMISSIONER TAYLOR: With some white stars, snowflakes. CHAIRMAN FIALA: Thank you all for being here today. This is a momentous occasion when we install three new county commissioners. And it's an exciting day for them and for us. Can I take a personal note? I'll never forget the first time I sat down here at my first meeting in coming to a County Commission and sitting on this side. And I looked at the audience, full like it is today, and all of a sudden I realized what I was doing here. And everybody was looking at me like I knew what I was doing, and I didn't know what I was doing. I mean, I was so new I didn't even understand the words. I didn't even know where the bathroom was yet and I thought, oh, my goodness, what -- you know, I never -- I'll never forget how filled I was with the importance of this job and how humbled I was that I was serving everybody. And, you know, today I still feel the same way. And thank you very much. And with that, shall we move on? Item #1B December 13, 2016 Page 4 SWEARING IN CEREMONY OF DISTRICT 2 COMMISSIONER SOLIS, DISTRICT 3 COMMISSIONER SAUNDERS AND DISTRICT 5 COMMISSIONER MCDANIEL. SWEARING IN TO BE ADMINUSTERED BY COLLIER CIRCUIT JUDGE CHRISTINE H. GREIDER – ALL SWORN IN MR. OCHS: Yes. Madam Chair, at this time we'd like to conduct the swearing-in ceremony. If the three new commissioners would step forward in front of the dais. And we have Circuit Judge Christine Greider that will preside. Judge Greider, thank you for being here this morning. JUDGE GREIDER: Thank you. (Commissioner McDaniel, Commissioner Solis, and Commissioner Saunders were sworn in by Judge Greider and answered in unison as follows:) JUDGE GREIDER: Good morning. If you will please raise your right hand. Do you solemnly swear. COMMISSIONER McDANIEL: I do solemnly swear. COMMISSIONER SAUNDERS: I do solemnly swear. COMMISSIONER SOLIS: I, Andrew Solis, do solemnly swear. JUDGE GREIDER: That I will support, protect, and defend. IN UNISON: That I will support, protect, and defend. JUDGE GREIDER: The Constitution and the Government. IN UNISON: The Constitution and the Government. JUDGE GREIDER: Of the United States. IN UNISON: Of the United States. JUDGE GREIDER: And the State of Florida. IN UNISON: And the State of Florida. JUDGE GREIDER: That I am duly qualified. December 13, 2016 Page 5 IN UNISON: That I am duly qualified. JUDGE GREIDER: To hold office. IN UNISON: To hold office. JUDGE GREIDER: Under the Constitution of this state. IN UNISON: Under the Constitution of this state. JUDGE GREIDER: And that I will well. IN UNISON: And that I will well. JUDGE GREIDER: And faithfully. IN UNISON: And faithfully. JUDGE GREIDER: Perform the duties of County Commissioner. IN UNISON: Perform the duties of County Commissioner. JUDGE GREIDER: Of Collier County. IN UNISON: Of Collier County. JUDGE GREIDER: On which I am now about to enter. IN UNISON: On which I am now about to enter. JUDGE GREIDER: So help me God. IN UNISON: So help me God. JUDGE GREIDER: Congratulations. (Applause.) COMMISSIONER TAYLOR: So did you let them know where the bathroom was? COMMISSIONER SOLIS: Yes. I was just going to ask, where's the bathroom? CHAIRMAN FIALA: But I didn't remember to tell them, if the door's closed, you have to knock because sometimes there's nobody inside. See, that's an important thing, right? COMMISSIONER McDANIEL: Very important. CHAIRMAN FIALA: Okay, Leo. Let's move on. Item #2A December 13, 2016 Page 6 TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AND SUMMARY AGENDAS.) - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Thank you, Madam Chair. Welcome, new commissioners. We look forward to working with you. Congratulations. These are the proposed Agenda Changes for the Board of County Commissioners Meeting of December 13, 2016. The first proposed change is to add Item 5C. This is the presentation by Paradise Reef, and this is added at Commissioner Taylor's request. The next proposed change is to move Item 16A37 from your Consent Agenda. It would become Item 11F under the County Manager's Regular Agenda. And this is a recommendation from staff to amend your county right-of-way handbook. And that request is made by Commissioner Fiala. I have one agenda note related to the agenda this morning. Commissioners, that relates to Item 16J8. This is a payables report placed on the agenda by the Clerk's Office. The Board's purchasing ordinance requires that prior to payment the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose. In reviewing the report, I believe the information provided is incomplete in that it does not contain all of the expenditures paid as of December 7, 2016, and for which no Board finding of valid public purpose was made. I have two time-certain items, Commissioners. The first is Item 11A. That will be heard at 10 a.m. That has to do with a proposed spring training baseball facility, and Item 9D is scheduled to be heard December 13, 2016 Page 7 at 11 a.m. This is a petition for amendment to a Planned Unit Development at the Courthouse Shadows. A couple reminders: Our court reporters typically have a break at 10:30 and again at 2:50 p.m., public comment on general topics is scheduled no sooner than 1:00 p.m. or at the conclusion of the agenda, whichever occurs first, and your advertised public hearings are to be heard no sooner than 1:30 p.m. or at the conclusion of the agenda or in this case today as already scheduled for 11 a.m. time-certain hearing. Those are all the changes I have, Madam Chair. CHAIRMAN FIALA: Thank you very much. Yes. COMMISSIONER SOLIS: I have one more item that I'd like to have continued; 16F4, relating to the Pelican Bay Services Division. If we can have that continued to the next meeting. MR. OCHS: Sure. 16F4 is being requested to be continued to the next meeting. CHAIRMAN FIALA: I don't have a problem with that. Okay. MR. OCHS: As we go through all the individual commissioners, then we'll typically vote on the amended agenda, right? CHAIRMAN FIALA: Thank you very much. So, Commissioners, let us begin by declaring any ex parte that we might have on any of the items on the consent agenda and not inside the actual regular agenda, okay. So starting with -- let's see. COMMISSIONER McDANIEL: Start down there because mine's not here yet. CHAIRMAN FIALA: Oh, okay, good. Okay. How about you, Commissioner Saunders? COMMISSIONER SAUNDERS: Okay. I don't think I have any ex parte on the consent agenda. CHAIRMAN FIALA: Okay. And summary agenda? COMMISSIONER SAUNDERS: Or the summary agenda. CHAIRMAN FIALA: Okay. Very good. December 13, 2016 Page 8 Commissioner Solis? COMMISSIONER SOLIS: No. CHAIRMAN FIALA: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: Yes. I have no disclosures except for the Courthouse Shadows PUD I've had meetings, emails, and telephone calls regarding that. I'm sorry. Let me give you the number. I should be more exact on that. CHAIRMAN FIALA: Is that on the regular agenda? COMMISSIONER TAYLOR: On the regular agenda, 9D. 16A25, I have had telephone calls regarding that. That is the Panther Island Mitigation Bank. And I believe that's all I have here. Let me double-check. Yep, I believe so. Yep. That would be it. CHAIRMAN FIALA: And, Commissioner McDaniel. COMMISSIONER McDANIEL: We'll endeavor here. I think this is mine coming right here, as a matter of fact. Thank you very much. I had ex parte on 9D as well; meetings, correspondence, emails, and calls. On the consent agenda I had calls, 16A25; 26, none; 27, 16A27, emails, and on the summary agenda, 17C, I had -- I did have emails, and that's all. CHAIRMAN FIALA: Okay. You'll probably have to talk again about your ex parte when the subject on the regular agenda comes up because we -- on the nines and tens. COMMISSIONER TAYLOR: That's right. COMMISSIONER McDANIEL: Forgive me. You called for just a consent agenda, didn't you? COMMISSIONER TAYLOR: Well, I did. I led you astray, sir. COMMISSIONER McDANIEL: Ah, again. First day. CHAIRMAN FIALA: Ex parte for me, on Item No. 16A29, Argo Manatee, I met with Rich Yovanovich, I've received emails and December 13, 2016 Page 9 discussions regarding the sidewalk, the bus shelter, and I also had a staff report on that. And Item No. 17C, which is the New Hope Ministries, I've had meetings and calls plus the discussion with the Planning Commissioners that I've had and also East Naples Civic Association meetings, calls from residents, and a staff report. And also on Item No. 17D, which is the Morgan Road request, I've had East Naples Civic Association meetings, again, calls, and a staff report. And on 17E, which is the Price Street CPUD, I met with Bruce Anderson, discussions with Planning Commissioners, and staff report, and that is me -- that is all for me. So would anybody like to make a motion to approve the agenda? COMMISSIONER TAYLOR: So moved. MR. OCHS: Madam Chair? CHAIRMAN FIALA: Yes. MR. OCHS: Excuse me. Did you have a presentation item you wanted to add? CHAIRMAN FIALA: Oh, wait. Yes, I do, as a matter of fact. Thank you very much. Number 5D. I would like to have a presentation from Spirit -- MR. OCHS: Promotions. CHAIRMAN FIALA: -- Promotions. Thank you very much -- which is pickleball stuff. So would you put that under 5D, please. Yes. COMMISSIONER SOLIS: And, Madam Chair, I have one item I need to -- I will not be voting on 16D25 just out of an abundance of caution. It's the Forge Engineering matter on the consent agenda. CHAIRMAN FIALA: Okay. Does he need to fill out a form? MR. KLATZKOW: Already taken care of. CHAIRMAN FIALA: Okay, great. Thank you very much. Thank you for that. December 13, 2016 Page 10 And so may I have a motion to approve the agenda as modified? How does that sound? That's a good word. COMMISSIONER TAYLOR: So moved. COMMISSIONER McDANIEL: Second. CHAIRMAN FIALA: A second. Okay. All in favor, signify by saying aye. COMMISSIONER SAUNDERS: Just for a clarification, real quickly. I'm sorry. He's going to be voting on the agenda but just without that one item. CHAIRMAN FIALA: Right. COMMISSIONER SAUNDERS: So that one item needs to be removed, I would assume. Is that -- MR. KLATZKOW: No. You vote on the consent agenda, but Commissioner Solis' vote will be for everything but for that one item. COMMISSIONER SAUNDERS: I just wanted to make sure. CHAIRMAN FIALA: Very good. Thank you so much. So let's see. All in favor, signify by saying aye. Motion opposed like sign. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: And opposed, like sign. (No response.) CHAIRWOMAN FIALA: Very good. I better slow down a little bit, huh? COMMISSIONER McDANIEL: Oh, you're doing fine. CHAIRMAN FIALA: Okay. Fine. Leo? MR. OCHS: Yes, ma'am. Proposed Agenda Changes Board of County Commissioners Meeting December 13, 2016 Add On Item 5C: Presentation by Paradise Reef regarding the Emmy Award received for their production of the artificial reef. (Commissioner Taylor’s request) Move Item 16A37 to Item 11F: Recommendation to direct staff to amend, as needed, the “Construction Standards Handbook for Work within the Right-of-Way, Collier County, Florida” and Land Development Code section 5.05.09 Communication Towers, to update the standards for communication towers located in the County’s right-of-ways. (Commissioner Fiala’s request) Note: Item 16J8: Pursuant to the Board’s Purchasing Ordinance 2013-69, as amended, request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of December 7, 2016. The Board’s Purchasing Ordinance requires that “Prior to payment, the Board shall approve all expenditures with a finding that such expenditures serve a valid public purpose.” I believe the information provided in Item 16J8 is incomplete in that it does not contain all of the expenditures paid as of December 7, 2016 and for which no Board finding of valid public purpose was made. (Leo E. Ochs, Jr., County Manager) Time Certain Items: Item 11A to be heard at 10:00 a.m. Item 9D to be heard at 11:00 a.m. 5/7/2018 10:22 AM December 13, 2016 Page 11 Item #2B BCC/REGULAR MEETING MINUTES FOR OCTOBER 25, 2016 - - APPROVED AS PRESENTED MR. OCHS: Item 2B is the approval of the Board of County Commissioners meeting minutes from the October 25th, 2016, meeting. COMMISSIONER TAYLOR: Move to approve. CHAIRMAN FIALA: And do I hear a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) Item #2C BCC/REGULAR MEETING MINUTES FOR NOVEMBER 15, 2016 - APPROVED AS PRESENTED MR. OCHS: Item 2C is approval of the minutes from the Board of County Commissioners regular meeting of November 15, 2016. COMMISSIONER TAYLOR: Move approval. COMMISSIONER SAUNDERS: Second. CHAIRMAN FIALA: All in favor? COMMISSIONER McDANIEL: Aye. December 13, 2016 Page 12 COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Very good. Item #4A PROCLAMATION DESIGNATING JANUARY 7-15, 2017 AS KINDNESS AWARENESS WEEK IN COLLIER COUNTY. ACCEPTED BY BOB VOTRUBA AND HIS DOG BOGART – ADOPTE D MR. OCHS: Madam Chair, that takes us to Item 4A on your agenda this morning. This is a proclamation designating January 7th through 15th, 2017, as Kindness Awareness Week in Collier County. To be accepted by Bob Votruba and his dog Bogart. If you'd please step forward and receive your proclamation. (Applause.) MR. VOTRUBA: Thank you. CHAIRMAN FIALA: It's a lot of fun seeing Commissioner Coletta sitting out there, isn't it? MR. VOTRUBA: A very good morning to everyone. I'm Bob Votruba from One Million Acts of Kindness. And for the last eight years I've been traveling the country promoting kindness to schoolchildren in classrooms and having some great results. I settled here in Collier County and actually both coasts of Florida during the winter months and visit classrooms and schools and December 13, 2016 Page 13 churches. Collier County's a very special place to me. Last year we visited 18 of the 30 elementary schools. And between all the private schools and elementary schools we talked to over 18,000 elementary schoolchildren promoting kindness as a goal. Think about the goals in your life. When you have kindness as a goal, it can be a game changer for you. And this is something I want to thank the commissioners for. The last three years we had a one-day event. This upcoming year we're going to have a nine-day event, so it will give a lot of people time to think about what they want to do for community in a very kind way. One last item of note: Tomorrow is the fourth anniversary of the shooting at Sandy Hook; 20 children and six adults. I'll be out on my bicycle. Some of you have probably seen me on my bicycle or in my kindness bus raising awareness for issues and not forgetting about any of these things that happened to schoolchildren across our country. I thank you very much. (Applause.) MR. OCHS: Madam Chair, may I have a motion to approve today's proclamation? COMMISSIONER TAYLOR: I move to approve. COMMISSIONER SOLIS: Second. CHAIRMAN FIALA: Good. Motion and second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you. MR. OCHS: That takes us to Item 5 this morning, presentations. December 13, 2016 Page 14 Item #5A PRESENTATION OF COLLIER COUNTY BUSINESS OF THE MONTH FOR DECEMBER 2016 TO LAKE MICHIGAN CREDIT UNION OF FLORIDA. ACCEPTED BY MIRANDA SHARKEY, DISTRICT MANAGER, LAKE MICHIGAN CREDIT UNION OF FLORIDA; SUSAN KUHAR, ACCOUNT EXECUTIVE, GREATER NAPLES CHAMBER OF COMMERCE; AND BETHANY SAWYER, MEMBERSHIP ENGAGEMENT SPECIALIST, GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: Item 5A is a presentation of the Collier County Business of the Month for December 2016 to Lake Michigan Credit Union of Florida. To be accepted by Miranda Sharkey, Regional District Manager; Connie Vestal, Branch Manager; Lisa Sher (phonetic), Regional Sales Manager; Brian Mundy, Mortgage Loan Officer; Susan Kuhar, Account Executive with the Greater Naples Chamber of Commerce; and Bethany Sawyer, Membership Engagement Specialist with the Greater Naples Chamber. If you'd please step forward and receive your proclamation and presentation. (Applause.) CHAIRMAN FIALA: Are you all from Michigan? Cute accent. Thank you and congratulations. Come up here. And who shall I give this to? Everybody stand right there. Okay. Now I have to find a spot in between. I'm always so short. COMMISSIONER TAYLOR: You have to give a little space in the middle there. Item #5B December 13, 2016 Page 15 RECOGNIZING MELISSA PEARSON, CONTRACT ADMINISTRATION SPECIALIST, GROWTH MANAGEMENT DEPARTMENT AS THE NOVEMBER 2016 EMPLOYEE OF THE MONTH – RECOGNIZED MR. OCHS: Item 5B this morning is a recommendation to recognize Melissa Pearson, Contract Administration Specialist with the Growth Management Department, as the November 2016 Employee of the Month. Melissa, if you'd please step forward. (Applause.) CHAIRMAN FIALA: And, Melissa, we have a little something special for you. Here's a plaque for your wall and a little check. That always helps, especially at this time of year. So let's take a picture. MR. OCHS: Commissioner, I'm going to tell you a few things about Melissa while she's getting her picture taken. Melissa joined the county staff in 2015 working with our Road Maintenance Division. She came to the Road Maintenance Division after serving 16 years in the Sheriff's Office's Purchasing Department. She's a member of the Florida Association of Public Procurement Officials and brings a wealth of knowledge to our organization. She's often sought out to assist other divisions within the county when putting together our maintenance contracts. Melissa recently was tasked with writing the specifications for an airboat purchase for Road Maintenance. She's extremely detail-oriented, fully focused on the task at hand. She's earned a reputation for being professional and is well respected by our employees and vendor community alike. Her easy-going practical approach to projects makes her a pleasure to work with, and she's very deserving of this award. Commissioners, it's my honor to present Melissa Pearson as your December 13, 2016 Page 16 Employee of the Month for November 2016. Congratulations. (Applause.) COMMISSIONER TAYLOR: So I want to know what the specs are for an airboat. COMMISSIONER McDANIEL: And I would like to drive it. Item #5C PRESENTATION BY PARADISE REEF REGARDING THE EMMY AWARD RECEIVED FOR THEIR PRODUCTION OF THE ARTIFICIAL REEF – PRESENTED MR. OCHS: Item 5C -- well, excuse me. Item 5C this morning is a presentation by Paradise Reef regarding the Emmy Award received for their production of the artificial reef documentary. And Commissioner Taylor brought this item on the agenda. Commissioner, would you like to introduce this one? COMMISSIONER TAYLOR: Yes. This is a very, very exciting time for Collier County given what we've done as a county in promoting sustainability and creating a growing and very successful fishing industry by sinking 800 tons of clean building debris for reefs. This is a quintessential public/private partnership. And it was recognized not only by the TDC but certainly by this commission. And last Saturday the film that was created by the Paradise Reef folks won an Emmy statewide, Suncoast division up in Orlando. So Lance Julian, who was one of the producers on this film, is here to speak to this. MR. JULIAN: Thank you, Penny. Good morning, Board. COMMISSIONER McDANIEL: Good morning, sir. MR. JULIAN: It gives us great pleasure, almost a year ago now, December 13, 2016 Page 17 that Collier Board of Commissioners came on board to assist us with making this film. Our team is very excited to share with you the documentary film Paradise Reef which showcased the community's effort to deploy 18,000 tons of clean concrete to create 36 artificial reefs along the Florida paradise coast from nine miles out through just on 27 miles. Peter Flood and Diane Flagg, here with us today, led the initiative to secure the original funds that actually brought the Collier County, the City of Naples, and the City of Marco Island get together for this artificial reef project. The film makers and director, John Scoular, who will speak shortly, we led the charge to bring not only the reef but the benefit to Collier County through the Everglades with Clyde Butcher: Dr. Heywood Matthews, better known as "Dr. Reef"; and experts from NOAA, Rookery Bay, the Naples environmental team, to show the beauty of the Everglades, the Ten Thousand Islands, the Gulf of Mexico, and Collier County in total. The film also featured extensive underwater footage by world renowned cinematographer Andy Casagrande plus two local divers here with Catie and Chris, which contributed to the underwater footage that was so well shown. The Paradise Reef film not only showcases the beauty of Southwest Florida environment; it also demonstrates the importance of preserving the natural environment, teaching viewers that the action of a few can ensure rich and rewarding diverse fish inhabitant ecosystem for generations to come. And then through the efforts of individuals, such as Diane Flagg, Peter Flood, Russell Berlin and, again, Catie and Chris, it showed that there is a local talent here right in Collier County to make film. We were honored to have WGCU, our local TV station, come to the distribution agreement. And these are the figures that they've given December 13, 2016 Page 18 us; that on June the 30th, when we actually showed the first of the film, WGCU had a viewage of 23-plus thousand; WLRN, on the east coast, had just over 19,000, which total was some 42,000 viewers on the opening night of June the 30th. Since then, it's been shown on the PBS stations throughout Florida, Alabama, and Mississippi, and the estimate, what they call their estimated potential viewers -- so obviously that's not everybody, but there's a lot of people -- in Florida is some 20-plus million; in Alabama was 4.8 million; in Mississippi was just over 3 million. WGCU also have it on their website, and that's had over 6,000 hits. It's -- the film has been visited of viewers from 1,251 cities, including Tampa, Orlando, Chicago, New York, L.A., Washington, Columbus, Detroit, Atlanta, et cetera. Forty-two countries have come in to have a look at the Collier County film, including Canada, UK, Germany, Switzerland, France, and, I've got to say, New Zealand, so that's nice. We're also rather pleased to now show you today that the film won the Suncoast Chapter of the National Academy of Television, Arts, and Sciences in the topical category. John, Madeline, myself and my son Harry were fortunate enough to be up at the Emmys, and we were able to go on stage and push Naples, Florida, for a little bit of fishing and diving. I'll ask John to speak before I make the presentation. MR. SCOULAR: Good morning. I'm John Scoular. I'm the director, cinematographer, and editor of the Paradise Reef documentary film. Commissioner Taylor, Commissioner Fiala, thank you so much, and welcome and congratulations to you guys. COMMISSIONER McDANIEL: Thank you. MR. SCOULAR: Big responsibility for you. I'll be kind of brief. I moved here -- my family here from Los Angeles about seven years ago, so I had to move to (sic) the mecca of December 13, 2016 Page 19 film to Southwest Florida to win an Emmy, which is kind of funny. But, anyway, the reason I got involved is because I have four children under 10. I didn't move here for any other reason but this beautiful environment. I have a passion for this environment. What goes on in the Gulf of Mexico is so important and essential to this whole ecosystem coming from Okeechobee down to the Glades. And I am just so pleased that you guys lended the support to make a quality documentary film to get the word out so we keep an eye on this. As I drive around town, there's a lot of stuff going on, which is fantastic. I just think we -- I just want to be a good steward for my children because people who live in Collier County, all the kids who -- they move away, they all come back. And I know my kids are all going to come back here, and I just want to leave something good for them. I mean, what Peter did by putting 36 artificial reefs, I mean, that's just an idea. It's an idea that went into action, excuse me, and I just feel honored that we were able to capture it on film and make a quality documentary. I will say my Emmy's at home in a safe with an armed guard, but Lance brought his here. But I don't want to go on and on. I just want to say thank you. I will continue to make films about this environment so we bring awareness to it so we don't become -- I mean, I love Miami, but I don't want to become Miami. We have to hang on to our resources because this is a special place. So thank you very much. (Applause.) COMMISSIONER McDANIEL: Amen. (Applause.) MR. JULIAN: Just one other thing before we make the presentation here. This film was made by all local film-capable people, and that was at the Everglades, in the swamps, up in the air with the December 13, 2016 Page 20 choppers, on the water, under the water; everything was done with local crew, and that's something that we obviously put forward as part of the package, and I believe, now with the Emmy on top, that's been accomplished. So, once again, I wish to thank the Collier Board of County Commissioners, and we'd just like to make a little presentation to you-all. COMMISSIONER TAYLOR: So are we getting the Emmy? MR. JULIAN: No. COMMISSIONER McDANIEL: Set it up here for a little bit. COMMISSIONER TAYLOR: Oh, look at this. CHAIRMAN FIALA: That's lovely. COMMISSIONER McDANIEL: How pretty is that? MR. JULIAN: This is our poster in what they call the floating look, which we thought was quite appropriate. COMMISSIONER McDANIEL: Very nice. Congratulations. CHAIRMAN FIALA: Thank you. Do you have, like, a three-minute -- three-minute thing to show? COMMISSIONER TAYLOR: Have you got a blurb? MR. JULIAN: No, we didn't. We didn't want to take up too much of your time. You've got a big day. CHAIRMAN FIALA: Well, thank you for that consideration. It would have been fun, but I hope everybody tunes in and pulls it up on their computer at least. COMMISSIONER TAYLOR: You can? You think you can? Oh, good. MR. SCOULAR: Can I get my phone and get a picture of you guys. COMMISSIONER TAYLOR: With your phone? CHAIRMAN FIALA: Oh, sure. I shouldn't be holding your Emmy. December 13, 2016 Page 21 MR. JULIAN: It feels good. CHAIRMAN FIALA: Oh, it feels -- I hope this is solid gold. COMMISSIONER SOLIS: Maybe they can join us. COMMISSIONER TAYLOR: Oh, John. You need to be in this. MR. SCOULAR: Selfie? COMMISSIONER TAYLOR: Now we're going to see how good he is. Let's see how good he is. CHAIRMAN FIALA: Thank you. Thank you. Thank you very much. Something I would just like to say as these gentlemen leave is this was a wonderful thing. And I want to tell you that it took all of that construction debris that was clean and took it out of our landfill so that we didn't have to dispose of it and made it -- and taken to the Gulf of Mexico to becoming a living, thriving home for all of the sea life out there. And what happened was, also it became a place that people would like to dive. And we've never had that industry here in Collier County before, so that's another tourism event that they can now promote. And on top of that, it's great for fishing, because we lost a lot of our fish in this area because there was no place for them to hide. You can't hide on a sand bottom. And it's bringing them back. I've got some pictures on my telephone of this one -- this goliath grouper, and he's looking through the windows on this tent thing like that they have got buried in there, and he's just looking at you with that great big face. It is so cool. Anyway, thank you for all you're doing and all of the other far-reaching things that have culminated since then. Thank you very much. (Applause.) MR. OCHS: Madam Chair, I've been asked to bring to the audience and the viewing public's attention, on the screen here you'll see under the heading "Watch Anytime," is the website where you can December 13, 2016 Page 22 view the video at anytime online and also a website that will allow you to access the GPS coordinates for the various reefs that are out there. So anybody interested in seeing the film or getting the coordinates, you can find them at those locations. Thank you very much. COMMISSIONER TAYLOR: And may I just say one thing, and it's -- it is so exciting that this was locally conceived and locally produced, and now it's viewed worldwide and applauded worldwide. But I also would like to thank Peter Flood. And if there are any children here listening or will be listening, don't ever underestimate the fact that you can have an idea in the United States of America and make it happen. It is such a testimony to your vision, but also the willingness of this community to see the benefits of doing something new and believing that we can make a difference. And so my hats off to the Paradise Reef folks, to Peter Flood and Diane Flagg, and to all those who contributed to this, and we're looking for the next one. Thank you. Item #5D PRESENTATION BY SPIRIT PROMOTIONS REGARDING PICKLEBALL – PRESENTED MR. OCHS: Commissioners, that takes us to Item 5D. This was an add-on item. It's a presentation by Spirit Promotions regarding pickleball. Terri Graham and Jim Ludwig will present. MS. GRAHAM: Good morning. My name is Terri Graham, and I'm the president and founder of the U.S. Open Pickleball Championships and the U.S. Open Pickleball Academy along with my left-hand guy here, Jim Ludwig. We're here representing our other December 13, 2016 Page 23 partners, Carol Caefer, and Chris Evon, who couldn't join us this morning. With all due respect, Commissioner Fiala, that was pretty poor planning. You put us behind an Emmy. So sports tourism. You've been voting on sports tourism for the last year, as far as I know, and maybe even more than that, how important sports tourism is to a community. There's a magazine out there called Sports Destination. This magazine reaches hundreds of thousands of people every month, and each year they give out awards for the champions of economic impact to sports tourism. And there's about 20 of them that are nominated -- or 2,000 that are nominated, and then about 20 that actually win the award. Well, this year, I found out about a week ago, that Collier County and the Mento U.S. Open Pickleball Championships actually did win one of the awards. COMMISSIONER TAYLOR: Congratulations. COMMISSIONER McDANIEL: Nice. MS. GRAHAM: So we have this Emmy-like plaque -- where did Lance go? -- that says, Champion of economic impact sports and sports tourism in recognition of outstanding accomplishments and event planning and economic impact presented to Mento U.S. Open Pickleball Championships and Collier County Convention and Visitor's Bureau. So what I would like to do is I do have one of these magazines for each one of you. The editor has asked me if we could get a photo of all of us so she could -- again, continuing to promote us. There's a fascinating article in this magazine written by a professor on sports tourism and what it's doing in this country. I suggest that you spend some time reading it. The numbers are mind boggling. One of the numbers is last year direct visitors' spend on December 13, 2016 Page 24 amateur sports reach 9.6 billion dollars in the U.S., and that's growing every year. Thirty-five million people stayed at least one night in towns hosting amateur competition, and 60 percent of those people said they would visit that city again. So if you do the math, there are 35 million and 60 percent. That's just constant people coming back to your community over and over again. That's why it is so important to develop a strong sports tourism in Collier County. And we are very proud to think of the Mento U.S. Pickleball Chairmanships as your anchor for sports tourism. We just extended -- for the new commissioners, we just extended our contract here with Jack Wert with the CVB for an additional five years and beyond. And as you know, you'll be voting a lot on pickleball over the next year or two as it continues to grow. Last year we had 806 players, 10,000 spectators. This year, here we are in December, the event isn't until the end of April. We're at 1,200 registered, another 200 on the wait list, and we're predicting 15- to 20,000 visitors this year. So this thing really just took off more than we could ever imagine. Now right now, finally, I have one more thing to mention to you. There's some poor guy sitting on an airplane in Grand Rapids, Michigan, and it's snowing, and he's on the tarmac, and he's waiting to be de-iced. And he's looking around, something to do, and he sees this magazine in the seat pocket in front of him, and he starts thumbing through the magazine to find his crossword puzzle or his Sudoku or whatever. The American magazine reaches more people in the month of December than any other month out there. In here they have a whole article on the importance of sports tourism to the local communities and how it's becoming one of the most competitive features out there for places like Collier County to get these sports to come to their community because it brings in so much revenue. December 13, 2016 Page 25 It's also a fact, according to the professor, that sports tourism is recession proof. Well, that's music to everybody's years. So as he's thumbing through here, he turns the page, and there's a picture of the Mento U.S. Open Zing Zang Championship Court right there, and there's a whole thing on here about the economic impact of the Mento U.S. Open Pickleball Championships. He sits there, and he's on the plane, and he's looking at this beautiful picture, and he looks out and it's snowing still, and there's 30 planes lined up, and now he's going to be landing in Chicago this afternoon where it's snowing still, and I can guarantee you by the time he lands in Chicago he's already booked his family to come down to Naples, not just for the Mento U.S. Open, but just to visit. So sports tourism is more than just a seven-day event. It's a year-long event. If you're anybody flying American this month, grab one of these magazines. Again, another fascinating article on how important sports tourism is to the community. I want to thank you for your time. Again, on behalf of Jim and our other partners that aren't here, really appreciate all of your support, and I thank you for the time this morning to present to you. (Applause.) MS. GRAHAM: So is it okay if we do a little photo with the magazines and stuff? Do we have time for that? COMMISSIONER McDANIEL: We like pictures. COMMISSIONER SOLIS: You know, I hate to say it, but I've never played pickleball, but I hear it's good for broken down tennis players. MR. LUDWIG: You come on down sometime. CHAIRMAN FIALA: It is the funnest thing, I tell you. COMMISSIONER TAYLOR: So you want us to hold the magazines like this? MS. GRAHAM: Yes, please. December 13, 2016 Page 26 MR. LUDWIG: Is Donna in here? She all right? CHAIRMAN FIALA: Yes, I am. COMMISSIONER TAYLOR: Not above your head. It will be cut off. MS. GRAHAM: Thank you. CHAIRMAN FIALA: Terri, good to see you again. MS. GRAHAM: You, too, Donna. MR. OCHS: Thank you, Terri. Thank you, Jim. Commissioners, that takes us to Item 10 on this morning's agenda, Board of County Commissioners. Item #10A THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK TO THE BOARD AN ORDINANCE THAT WILL IMPLEMENT A TWELVE MONTH MORATORIUM ON NEW APPLICATIONS FOR DEVELOPMENT ORDERS FOR USES AUTHORIZED BY THE COMMERCIAL FOUR (C-4) AND COMMERCIAL FIVE (C-5) ZONING DISTRICTS, AS WELL AS GAS STATIONS, PAWN SHOPS AND CAR WASHES IN ALL COMMERCIAL DISTRICTS ON BOTH SIDES OF U.S. 41 FROM THE PALM STREET/COMMERCIAL DRIVE/U.S.41 INTERSECTION TO THE PRICE STREET/U.S.41 INTERSECTION, AND DIRECT STAFF TO DEVELOP AND BRING FORWARD LAND DEVELOPMENT CODE AMENDMENTS TO PROMOTE THE VISION FOR THE EAST TRAIL CORRIDOR STUDY. NOTE BY COUNTY ATTORNEY: APPROVAL OF THIS ITEM WILL IMMEDIATELY COMMENCE THE MORATORIUM PERIOD PENDING FUTURE BOARD ACTION ON THE ORDINANCE - MOTION FOR THE COUNTY ATTORNEY AND GROWTH MANAGEMENT December 13, 2016 Page 27 DIVISION TO WORK TOGETHER TO DRAFT AN ORDINANCE THAT WOULD IMPOSE A 1-YEAR MORATORIUM ON THE FOLLOWING: SELF-STORAGE, GAS STATIONS, PAWN SHOPS, CAR WASHES AND TO INCLUDE A SIMPLE EXEMPTION PROCESS AND COMMISSIONERS TO SHARE THEIR THOUGHTS WITH THE COUNTY ATTORNEY AND GMD AS TO WHETHER THEY WOULD LIKE ANY USES ADDED TO THE MORATORIUM LIST – APPROVED MR. OCHS: Item 10A is a recommendation to direct the County Attorney to advertise and bring back to the Board an ordinance that will implement a 12-month moratorium on new applications for development orders for uses authorized by the Commercial 4 and Commercial 5 zoning districts, as well as gas stations, pawnshops and car washes in all commercial districts on both sides of U.S. 41, from the Pumps (sic) Street/Commercial Drive/U.S. 41 intersection to the Price Street/U.S. 41 intersection, and direct the staff to develop Land Development Code amendments to promote the vision for the East Naples -- excuse me -- East Trail corridor. This item's placed on the agenda by Commissioner Fiala. CHAIRMAN FIALA: Yes. I'll just give a slight introduction to the reason I put this on here. I've become very aware -- and I brought it up at a couple more commission meetings -- that as people are buying up land in East Naples -- and it sounds great, but there is no plan for the corridor. So anything that's going in there doesn't have -- you know, doesn't have a plan to it, especially to serve the residents, to serve the people in the community. And what you find now are self-storage units that are buying up land to build three-story self-storage units, but right across the U.S. 41 corridor -- and all of a sudden you get enough of those -- and I know of a few going in right now -- that you're going to have a canyon effect. December 13, 2016 Page 28 There's no place for us to shop in. The same with all the gas stations. Most of you know that the gas stations are prolific in this area already and more that are coming through. And, really, they don't encourage anybody to go out to eat lunch or anything. There's just no place for people to go and shop. And if you want to be a healthy, vital, vibrant community, you're going to have a plan for that corridor. So I just wanted to -- I wanted to address the self-storage units, the gas stations, the car washes, and pawnshops and figure, let's put those things on hold for a little while and encourage the others still to come in, the retail and the restaurants and businesses that we all can use, but until we have a plan in place. So I've talked with our staff, and I've talked with members of the East Naples Civic Association. We all feel that a plan had been started many years back and then it ended, and it was only the beginning. And we want staff there. They're really capable of doing this, and they know what the needs are and how to plan a good corridor so that in the end it's a credit to the community that we're living in. So that's my purpose on it. And I'm hoping that they can finish it in a few months rather than a year, but anyway, that's -- that's what I'm looking at right now. And as far as the -- we have some limitations -- and I want to be correct in saying this -- with U.S. 41. It says going all the way up to Price Street. Well, Price Street has a canal that goes right around, and that is the line that should have been signified in this thing because it goes -- it's just the border rather than Price Street itself. It's the Price Street Canal. So I wanted to make sure that that's included. Commissioner Taylor? COMMISSIONER TAYLOR: Thank you so much for bringing this forward. I read the introduction and the plan, the plan from 2009, I think it is, for the corridor that was brought forward, and I'm assuming December 13, 2016 Page 29 that it was brought forward by citizens and given to the county. And I guess we all know what happened in and around that time. And it's no wonder, you know -- and I'm delighted you brought it forward. CHAIRMAN FIALA: Thank you. COMMISSIONER TAYLOR: I'd heard about it. And what I found was fascinating about the plan is talking about mixed-use. And so I guess your intention is to have staff review it and start to try to create some codes for the corridor; is that correct? CHAIRMAN FIALA: And that plan isn't complete. Staff really -- it abruptly stopped. And so it really needs some work to put together a Comprehensive Plan that would be workable for that entire corridor there, and that's what we're looking for. Mixed-use plays an important part in that, along with many other things. But, you know, one of the detractors for that area is the corridor. It's just a thin line right around the middle. We found when we were working on that that there's -- you couldn't have a shopping center, for instance, because that wasn't enough. It's all strip things, so they might have to address that as well. There's a lot of things to look into. COMMISSIONER TAYLOR: Well, one of the things I'd like to see staff do, if it was possible -- because I'm a really very strong proponent of mixed-use, and I would like to see what kind of incentives we can give to potential developments to encourage mixed use, to encourage residential. When you think about the way we live, you know, who would want to live on U.S. 41? Well, you know what, there might be a lot of people who wouldn't mind that, but there has to be incentives built into their projects and to have it as mixed use. So as we go forward, I don't know if I -- CHAIRMAN FIALA: There are some planned already for that. Like, for instance, at Southwest Boulevard, there was a developer that December 13, 2016 Page 30 owns that, but we wanted to do a mixed use, and it's a beautiful project. It's just not moving yet. But there are some -- but there was enough land to do it. COMMISSIONER TAYLOR: Right. CHAIRMAN FIALA: A strip, it's rather difficult. I'm going to let the experts address that. I'm glad you've put that on the record. COMMISSIONER TAYLOR: Right. And I don't know if I have consensus to see about incentives for mixed use, but I hope I do because I think it's very, very important as we go forward to do that. We all remember -- I mean, I remember the space I used to live in when I started out, and it was a very small apartment, probably 5-, 600, 700 square feet. There's no reason we can't give a variety of options, and maybe rentals, so that people that are starting out here can start out, and they don't have to start out in Lee County and drive to Collier County. CHAIRMAN FIALA: Oh, we've got plenty of those in East Naples. Anyway, I want to guarantee you that. That's a good thing. So I would like to here a motion. Would anybody -- COMMISSIONER SAUNDERS: Yes. CHAIRMAN FIALA: Do you want to push your button? See that little red button there? COMMISSIONER SAUNDERS: Uh-uh. I just did. CHAIRMAN FIALA: Oh, good. COMMISSIONER TAYLOR: Well, it's not on. CHAIRMAN FIALA: That's McDaniel. Try it again. COMMISSIONER McDANIEL: Only -- maybe only one at a time can go up? COMMISSIONER SAUNDERS: Right. Actually, it's -- COMMISSIONER TAYLOR: No. Everybody can go up. Look. COMMISSIONER McDANIEL: Oh, okay. COMMISSIONER TAYLOR: There you are. Burt got it. December 13, 2016 Page 31 COMMISSIONER SOLIS: You've got to hold it down. COMMISSIONER TAYLOR: You've got to hold it down. CHAIRMAN FIALA: Okay. Very good. COMMISSIONER SAUNDERS: You've got a lot of red buttons there. None of this technology existed when I was here before. CHAIRMAN FIALA: It's been a long time, Burt. COMMISSIONER SAUNDERS: Yes, it has. A couple questions. If this agenda item is approved, will that essentially create a moratorium beginning today, or is it just simply saying we're going to consider a moratorium; nothing changes until we actually adopt an ordinance? MR. KLATZKOW: The moratorium would take effect as of today pending your review and vote on a moratorium ordinance. COMMISSIONER SAUNDERS: Do we have any implications at all with Bert Harris property rights? MR. KLATZKOW: My preference would be -- I'm just looking at, like, C5 right now, and you've got over 184 uses in C5 that we would be freezing. I don't know if it's the Board's intent to freeze all of those units (sic) or, as Commissioner Fiala mentioned, just a handful of the units (sic). My preference would be a more targeted approach to this rather than just simply stopping C4 and C5 development for a year. COMMISSIONER SAUNDERS: Well, that was my concern is that it seemed to be rather broad. And I don't know if that would trigger a claim that we're inordinately impacting someone's property by doing this. And you're indicating that the moratorium would be in effect today and would cover some 150 uses; is that what you said? MR. KLATZKOW: That's just for C5. There's also C4. So you're looking at an awful lot of uses. And I don't think that Commissioner Fiala intends, for example, to end accounting uses or that sort of thing. CHAIRMAN FIALA: No. I just want our staff -- you know, December 13, 2016 Page 32 because that isn't all uses. I just identified four uses, and those are the only ones, and that's because what we're trying to do is revitalize that area. You've seen, it looks like a slum, and we're trying to bring it up to a better quality for everybody to use and live in and be proud to live in. And so I'm hoping that staff will be able to put together a plan to lead us all in the right direction. COMMISSIONER SAUNDERS: Let me ask one more question of the County Attorney then. The agenda item is very broad. Commissioner Fiala has indicated that there are four or five uses that she wants to target in terms of a moratorium. If she states those four or five uses on the record and we approve that, would that -- MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: -- eliminate that concern about the 150 uses? MR. KLATZKOW: That would greatly reduce my concern over this, yes. COMMISSIONER SAUNDERS: And, Commissioner Fiala, you had indicated that you have only a few uses that you really are concerned about. If you could let us know what those are, then perhaps we could fashion a motion that's limited. MR. KLATZKOW: And you may want to speak with Mike Bosi, who might give you a little clarity on, you know, why these uses, you know, need to be looked at and the intensity and whatnot. CHAIRMAN FIALA: Do you want to say -- MR. BOSI: Good morning, Commission. Mike Bosi, Planning and Zoning Director. The intent, and from my understanding, is basically the vision of the East Naples corridor study provided for a different type of arrangement of the specific end users, and Commissioner Fiala felt that some of the predominant land uses that seem to have been requested December 13, 2016 Page 33 over the past year were overburdening that vision. So I understand the intent, and with the clarification, if we do just segment it to the four or five uses that she's expressed concern about, we can -- we can, I think -- better able to tackle the endeavor in a more expediated manner, because if we're trying to, you know, put a moratorium, and it's 188 uses, that's a lot of analysis, that's a lot of staff time. And that's one of the things we will engage with the administration of just exactly the resources and how we're going to go forward to target to get the end results the commissioner is looking for. But with the specificity it provides a much more targeted approach, I think, to how we find the correct amendments so we can fit the vision of the East Naples corridor with the actual zoning. And what it -- and the reason, I think, it has been cited is it's that old strip commercial zoning. Now, our Growth Management Plan in '89 said we wanted all the commercial at our intersections. That was a reaction to that strip zoning. We're still left over with that strip zoning. The strip zoning property owners still have property rights that are associated with that. So that's all going to have to be weighed and analyzed and put into factors, and we'll come back with a proposal, hopefully, that could meet what Commissioner Fiala and the Commission would be looking for. MR. KLATZKOW: So, Commissioners, if it's okay with you, I would ask that you vote on the four or five issues that Commissioner Fiala's concerned on and direct Mr. Bosi to come back and take a better look at the C4 and C5 uses to see if there are any substantially equivalent uses that you might want to consider as well. CHAIRMAN FIALA: Okay. Let's see. I don't know if you were next, Commissioner McDaniel. Let's try you, and then I know that you were last, Commissioner Solis. COMMISSIONER McDANIEL: I was next. Thank you -- CHAIRMAN FIALA: Okay. December 13, 2016 Page 34 COMMISSIONER McDANIEL: -- Madam Chair. And I'd like to speak to Mr. Bosi, if I may. I have a -- and I concur with Commissioner Taylor with regard to penalization -- or incentivization in lieu of penalization. And the word "moratorium" brings up a lot of connotations that I'm not happy about. The unintended consequences of an action such as this, even if it's limited -- because you have specificity with where what you're looking to endeavor to provide, but there could be unintended consequences that come from this. There are property owners that are out there that we're not necessarily even thinking about that may have relationships that this could negatively impact, and I have a big concern with regard to that. And my question for staff is, is there another way we can get there from here to offer up this or move ahead this -- this process so that we can do the study and get some conformity with what we're looking to do without the enactment of a moratorium? MR. BOSI: I would not be aware, because those uses are allowed by right now. Those uses are allowed by right by the C4 and C5 zoning district. And if you wanted to prevent -- if you wanted to get a better handle in terms of what was the spatial arrangement for how these individual uses should have within the individual area in the relationship to each other, without placing those type of restrictions on through some sort of limiting action, the free market is allowed to pursue the property rights that are available to them through their zoning. COMMISSIONER McDANIEL: And a moratorium's a moratorium? There's no discussion about special exceptions. If we have one of those unintended consequences, as Commissioner Saunders brought up, the legality with regard to the property rights that exist with C -- we're talking about the most lucrative commercial zoning that we have available in Collier County. And there's no December 13, 2016 Page 35 possibility of exempting out if someone were to come in with a special exception? A moratorium is done? MR. KLATZKOW: Well, we could place it, and if it's the Board's wish, you know, some sort of process where somebody could have the ability to come back to the Board for an exception -- COMMISSIONER McDANIEL: Well, there you go. MR. KLATZKOW: -- if that's what you want. So you'd place the general moratorium, and you could put in a provision where if somebody wished to come to the Board and ask for an exemption, they could do that. CHAIRMAN FIALA: As long as it comes to a vote, right? COMMISSIONER McDANIEL: Of course, it would have to come -- MR. KLATZKOW: Yes. COMMISSIONER McDANIEL: I would think it would have to come to a vote. But, I mean, that, I think, would allow for sufficient protection for those unintended consequences that necessarily could come from an action such as this. CHAIRMAN FIALA: And my purpose is, I'm just trying to bring us up to the same quality that everybody else has in this county. COMMISSIONER McDANIEL: And, Madam Chair, if I might add, I mean, the intent behind what it is, we all see what it is that you're doing. The methodology is where I had concerns. I'm all about -- and along with Commissioner Taylor -- incentivization in lieu of penalization is how we have to go. CHAIRMAN FIALA: Commissioner Solis? COMMISSIONER SOLIS: Yes. And I'm in complete agreement that developing a study is a great idea. It's a vital area of the county. But I, like Commissioner Saunders, was a little concerned. There's so many uses, it would -- the moratorium would be everything, and there would be -- I would be concerned with that. But if it's limited to the December 13, 2016 Page 36 uses that are of concern, then I think it also probably addresses Commissioner McDaniel's concerns. CHAIRMAN FIALA: And those are the ones that are mentioned in here. COMMISSIONER SOLIS: Okay, okay. That really was my question as well. Was it -- is it these specific ones that were referenced, or is it just C4 and C5 in general? I would be concerned from a legal standpoint as well. CHAIRMAN FIALA: Okay. COMMISSIONER McDANIEL: Are you looking for a motion? CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER McDANIEL: Oh, I'm sorry. Forgive me. COMMISSIONER TAYLOR: And I don't need to say much except I think your intention is we're not trying to stop; we're trying to shape, and we need -- CHAIRMAN FIALA: That's exactly -- beautifully said. Right. COMMISSIONER TAYLOR: And so let's get on with it. It's time. CHAIRMAN FIALA: Okay. So -- MR. OCHS: Madam Chair? CHAIRMAN FIALA: -- where do we go from here? COMMISSIONER TAYLOR: Make a motion being very specific about what uses you want to have delayed until we can shape it. CHAIRMAN FIALA: Now, say, for instance, somebody comes in and they want to build a dog track or something, and that isn't mentioned -- I mean, not that that's going to happen, but something like that, then what do we do? COMMISSIONER TAYLOR: That's a -- CHAIRMAN FIALA: Yeah. That's the problem. That's why we used C4/C5, but that's when they get a special permit or something to have whatever, right? December 13, 2016 Page 37 MR. BOSI: A use such as a dog track is not a permitted use. CHAIRMAN FIALA: I know. It was the first thing that came to my head. MR. BOSI: Those require -- those are normal uses that are allocated, but they're allocated on a conditional basis. So any of -- even the larger -- the uses that are identified as conditional uses within C4/C5 would not be affected by it, but they would have to go through the public hearing process that's required by the zoning if they were to seek approval for it. CHAIRMAN FIALA: Yeah. It's the things like -- for instance, we desperately need a hotel, a boutique hotel. We don't have any in East Naples; none. And so that would be -- that would be a use. Especially with the pickleball teams going here, we need a place for them to stay. They've got things going on all year now. They've got an academy. They bring people in from around the country, but there's no place for them to stay in that corridor. Well, it would be wonderful to see that happen. You know, I don't know what use or what zoning that is, but we would encourage things like that. COMMISSIONER TAYLOR: That's right. CHAIRMAN FIALA: So -- and, oh, gosh, we would love to have some restaurants. It would be so nice. And we would love to have some shopping areas. We finally have a little shopping area, but that's it. We would love to have more places for us to go. So I'm hoping it will encourage that instead of encouraging more and more self-storage units and stuff where we can't use them. I mean, but everybody else can around the county, but we get nothing from it. COMMISSIONER McDANIEL: Do we have a motion? COMMISSIONER SAUNDERS: There's not a motion yet. I would need the list read into the record as to what uses we're talking about if we're going to support the motion. I know there's a list here in December 13, 2016 Page 38 the executive summary, but if you could -- if you could take a look at the executive summary and let's list the four or five uses... CHAIRMAN FIALA: So I wonder if it's something else that's distasteful like a huge massage parlor. I mean, they seem to be cropping up everywhere. How do you stop that? You know, with the C4/C5, I'd rather have that requirement in there, and then they could come in and say, look, you know, I really want to build a nursing home or something, and we can then vote on it. I think that that would be okay. But I think that we want to create an area out of -- I mean, an area that would be inviting to people who are thinking of moving to the area or who are just in the area. And I just don't know how else to say it other than that. MR. KLATZKOW: Well, this will be coming back. You're just directing me to advertise an ordinance. I'll be working with Mr. Bosi. You could limit this to the four or five issues that concern you. You could then get with Mr. Bosi off line and go through the C4 and C5, see if you wanted to add other uses. CHAIRMAN FIALA: Oh, that would be a good idea. COMMISSIONER McDANIEL: But doesn't -- forgive me, Madam Chair. Doesn't it, per Commissioner Saunders' request, take effect today, even though it's going to be publicly advertised with specificity? MR. KLATZKOW: It takes effect today. There will be -- as of today, staff will not be taking any development orders on those uses that the Board wishes a moratorium on, but it's coming back at your next meeting, and at that point in time the Board will do what the Board wishes to do. COMMISSIONER McDANIEL: So the potential for unintended consequences, before we vote on it, again, is nil? MR. KLATZKOW: Well, it's not nil, but it's minimal since it's December 13, 2016 Page 39 only a couple weeks in duration. COMMISSIONER McDANIEL: Okay. CHAIRMAN FIALA: Commissioner Solis? COMMISSIONER SOLIS: I was going to suggest the same thing; that maybe there's a motion that can be made today that goes to the specific ones that are of concern, but then we would have an opportunity to go through the 180, whatever it was, uses, and the final ordinance would be very specific as to what's being -- COMMISSIONER McDANIEL: Prohibited. COMMISSIONER SOLIS: -- prohibited, right. And we can get everything done that you would like to see happen but not have just a blanket no development orders or applications. CHAIRMAN FIALA: There's still nothing we can do about rentals. We have a rash of massage parlors coming up over and over again; two on my corner, three over on the next road. And, you know, there's nothing we can do about rentals. They're just there. So there are things we cannot stop anyway. But -- and those aren't really conducive to a vibrant, healthy community. But, anyway, so now do I hear a motion? COMMISSIONER TAYLOR: Well, why don't you make the motion -- COMMISSIONER McDANIEL: I was just going to say, you do it. You're the one that brought it up. COMMISSIONER TAYLOR: And be very specific about the -- CHAIRMAN FIALA: Okay. I make a motion to send this to Mike Bosi and his department to craft a -- what would it be -- an ordinance seeking to improve the U.S. 41 corridor and put a moratorium on certain businesses such as self-storage units or -- COMMISSIONER TAYLOR: Gas station. CHAIRMAN FIALA: -- gas stations or car washes or -- COMMISSIONER SOLIS: Pawnshops. December 13, 2016 Page 40 CHAIRMAN FIALA: -- pawnshops, yes, and massage parlors, but they just rent. They don't -- they want to be able to get out of there quickly when they're caught. So, anyway, would that be okay with you? COMMISSIONER SAUNDERS: Just if I could ask you, in the motion you indicated uses "such as." If you could just say these uses and not modify it with "such as," because then that -- no one will know what that means. So the motion would be to impose a one-year moratorium on the following four uses: Self-storage, gas stations, car washes, pawnshops, and direct staff to come back with a moratorium ordinance to impose that. In addition, staff will meet with the Chairman, and perhaps we'll all go through those other uses to see if there are additional uses to add. CHAIRMAN FIALA: I'd like everybody to meet with staff and give their opinions also. COMMISSIONER SAUNDERS: But this moratorium would just cover those four uses. CHAIRMAN FIALA: Right. COMMISSIONER McDANIEL: With an exemption process, simple exemption process. CHAIRMAN FIALA: Okay. MR. KLATZKOW: If that's the Board's wish. Are you adding that to the motion, Commissioner? COMMISSIONER McDANIEL: Sir? MR. KLATZKOW: You wish to add to the motion? COMMISSIONER McDANIEL: I would like -- if the motion maker would like to add that portion of it there, I would appreciate that. CHAIRMAN FIALA: Okay. COMMISSIONER McDANIEL: That would let me sleep tonight. CHAIRMAN FIALA: All right. December 13, 2016 Page 41 MR. KLATZKOW: And you direct me to advertise this? CHAIRMAN FIALA: Yes, please. MR. KLATZKOW: And let the public know in the advertisement the board may be considering other uses within C4 and C5 zoning. CHAIRMAN FIALA: My motion has a lot of people putting their stuff into it, but it makes it for a better motion. So, yes, I will agree with all of these things. Can you get that, Terri. Good, thank you. COMMISSIONER SAUNDERS: And I'll second the motion. CHAIRMAN FIALA: Okay. And Commissioner Saunders seconds. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Great. So we'll move forward and hopefully to begin to create a more vibrant and appealing community with the results of this. Thank you. Item #11A EVALUATE THE INITIAL FEASIBILITY OF DEVELOPING A PROFESSIONAL BASEBALL SPRING TRAINING FACILITY THROUGH A PUBLIC PRIVATE PARTNERSHIP AND TO REQUEST GUIDANCE ON FUTURE DIRECTION - MOTION TO DISCONTINUE NEGOTIATIONS WITH ATLANTA BRAVES – December 13, 2016 Page 42 APPROVED MR. OCHS: Commissioners, that takes you to your 10 a.m. time-certain item this morning. It's Item 11A on your agenda. This is a staff report on the previously board-directed feasibility analysis developing a professional baseball spring training facility in Collier County. For the benefit of the new board members, a little bit of history. In the spring of this year representatives from the Atlanta Braves approached the Board, along with a land developer, with a proposal to locate the Atlanta Braves spring training facility here in Collier County on a parcel of land along Collier Boulevard south of Davis Boulevard. At the time, the Board rejected that proposal but indicated to the Braves that if they were interested in considering alternative sites in Collier County that the Board would welcome that interest. Subsequent to that board meeting, we did receive that interest from the Atlanta Braves. I came back and reported that to the Board, and in June of this year, the Board then directed the staff to go out and conduct an initial feasibility analysis of the project. Since that time we've been working with the prospective landowners, the team, the State of Florida, and also looking at other professional spring training facilities in other counties in Florida to conclude our analysis. Mr. Casalanguida, our Deputy County Manager, has been the point person on our staff for the project. He's going to take you through some of the primary elements that went into the feasibility report. I would like to mention that Mr. John Schuerholz and his executive team from the Atlanta Braves are here in the audience this morning. Mr. Schuerholz would like to make a few brief remarks when Nick concludes his remarks. And as an aside, I'd like to congratulate Mr. Schuerholz, who is a recent inductee into the Professional Baseball December 13, 2016 Page 43 Hall of Fame. So with that, I'll turn it over to Nick. MR. CASALANGUIDA: Thank you, Mr. Manager. Good morning, Commissioners. COMMISSIONER McDANIEL: Good morning. MR. CASALANGUIDA: Commissioners, there's three components to the assessment when you're looking at a facility like this. And this takes me back to the days working on the private side because that's what I did most of the time was site feasibility analysis and presentation to banks and shareholders to spend large sums of money and determine what the viability of a project would be. One component is always the land component; in other words, a location that would suit the purpose and be able to handle both the impacts to the community and accessibility for the uses that are there. The only location in your urban area that would meet that criteria, both from a time perspective, because that's a component of this project as well, too, is the City Gate location that's at the corner of I-75 where 951 meets. Just to the east of City Gate is our 305 acres that county owns. To the east of that is the county's landfill project. City Gate was designed as a light industrial commercial park. It's being developed in phases, and we've worked with the Rice family quite a bit in developing developer agreements to build that park out and widen the roads that are there. The interchange is going through an FDOT/PD&E study where they've evaluated additional improvements. And the county has several road projects both pending and in the future that would provide even more connectivity to the east at that location. So the site itself would accommodate traffic, zoning, the recreational component that's there, up to a concern point, not the stadium. That would require a rezone for that to go forward. Going into more detail, we developed a site plan consistent with December 13, 2016 Page 44 the Braves' requirements and a typical sports spring training facility, providing both a stadium, temporary parking that would be relocated at a later time, and permanent facilities that would support the spring training facility, as well as, the other nine months out of the year, additional uses that would be there. The site would access City Gate Boulevard North, which is already being designed, pending construction connecting to the east of our parcel, as well as a back access to the other portion of the road that would connect to 951. Mentioned in the executive summary, we had a report that was done and presented to the Board by Hunden about sports feasibility long term that identified, as Terri pointed out, we're maxed out with existing facilities for recreational sports. North Collier Park is utilized almost at 100 percent to the point where the fields need additional resting. If we're going to continue to promote triathlons, pickleball, soccer tournaments, you know, softball tournaments, we don't have the facilities to do that. So we tried to incorporate an option with this evaluation that if you did move forward, the Braves' spring training facility would provide baseball, softball, but to the east of that it would also provide the ability to expand this into a major sports complex should you wish to proceed in that manner. With the location behind this, we looked at revenues and expenses and a way to look at this if we were to fund this project. Without a doubt, most of the communities outside of Collier County have a four -- actually 5 and 6 percent local TDT tax. We're at 4 percent. We would encourage you, if you're going to proceed, that you'd have to initiate that fifth cent to pay for it. That would raise about $5.2 million annually. Team lease ranges based on terms to one point -- 1 million to $2 million a year on usually a 30-year term. Why does it range? Because December 13, 2016 Page 45 it really ties down to the nuances of the agreement who controls the facility, what times of year. That gets done at a later phase, but it gives you a range. The state participation for one team is up to $20 million, and it's paid monthly, actually, based -- when you look at the Florida Statutes and broken down in increments, you're usually anywhere from about a million dollars or a little less a year over a 20-, 30-year period. So on the revenue side, that would be about 7.2 to $8.2 million. On the expense side, we purposely left it -- gave you a range, because we've sat down with the folks that own the property and designed it with some of the engineers to give you a feel for what we could put there. So the range of the land would be 18 to $28 million, depending on how much we took and how much we gave back. And what do I mean by that is, doing site civil design, you could give the lakes back that we would use and some temporary parking, because we own 305 acres to the east. So you might put in some temporary facilities and then relocate some of those facilities on the parcel that we currently own. So that gives you a range. The design, permitting, and construction of the facility is about $68 million including your soft costs, and then some offsite parking numbers that are in there as well, too. So for the facility total to be put in place as shown, it's about 90 to $101 million. And you only have a preliminary design, so it is a range. We broke out some debt issuance numbers based on the revenue that we have for over 100-, 130-, and that would take into account if you were to expand the 305 acres as well, too, with the other sports components of the site as well. In doing our review, we looked at what Lee County had done as part of their 2009 review and their 2012 application as well to the state for the Minnesota Twins applications, highlighted where the Atlanta Braves falls in the spring training attendance in the state of Florida; December 13, 2016 Page 46 they're second behind the Yankees, ahead of both Minnesota and Boston. They're in Lee County. So it gives you a feel that you're playing with a tier-one team in terms of attendance or potential draw. The third component is after the facility's constructed, what would you do when it's done? Ongoing operations and maintenance, talking to the Lee County folks, is about $2 million per facility or stadium, and then capital commitments for refurbishments, replacements, expansions, they set aside about a half a million dollars a year. Both of their studies submitted, when they did the Minnesota Twins and Boston team, showed direct spending, not direct revenues to the county, and that's important to disseminate between -- discern between the two -- is about $25 million a year on the conservative side; in other words, what people spend when they come to these games. The government doesn't get that; the community gets that as a benefit. In reviewing what they've done after their facilities have both been done, they've exceeded those numbers. We stayed on the bottom end because, you know, we wanted to be conservative. Direct government revenues are between 1 and $2 million; and they've told us pretty honestly that they treat it like a regional park. They put in General Fund or ad valorem funds to support the facility. On the revenue side, it is not much of a revenue generator for the events that are there; no different than the North Collier Park or the other parks we have. You don't charge a lot to use the facility. It's the spending of the tourists, as Terri pointed out in her presentation; it's the draw. Schedule is probably one of the most challenging things as we've looked at it with the site civil folks and the vertical folks. In looking at the potential timeline to do this, we would have to come back, both with an agreement from the landowner and the team, within about 90 days. It was pretty much locked down. December 13, 2016 Page 47 At the same time, we would have to submit a state application that would take about three to six months to review it and go into their FY18 budget for commitment. The zoning process would take seven to 10 months with some availability to do some concurrent site work because the site is already zoned for certain recreational uses, not the stadium itself. And you would have to have plan and permits final in October, November of this year to be going vertical at that time to meet the date of December of 2018. So it's a pretty aggressive schedule to complete that. As the manager pointed out, we were tasked from the members of the prior board and existing board to meet with the landowners, the team, look at this location, bring you back a high-concept review, and be prepared to answer any questions. I'll tell you, we've worked with the Braves organization. They've been truly professional and answered our questions. And with that, we'll leave it open to any questions that you have. MR. OCHS: Commissioners, I'd like to first call on Mr. Sherholtz. He wanted to make a few statements to the Board. MR. SHERHOLTZ: Thank you, Nick, and thank you, Leo, for that and for your hard work on this project. I just simply want to say that we would request -- the Atlanta Braves would request the Gold Standard Organization, so named by Commissioner Bud Selig, the Atlanta Braves, who were only outdrawn in spring training by those New York Yankees, a popular draw in spring training, that the Board would authorize Mr. Ochs and Mr. Casalanguida to continue a study and give us a chance to negotiate with Collier County so that we might someday locate our spring training facility here in Collier County. It would be a year-round use. It would be used principally for spring training during two months, February and March. But all December 13, 2016 Page 48 throughout the year we have programs running and operating that facility, so it will be utilized year-round. There will be other times when it will be available for the county's use as we negotiate and explain that to this very, very talented staff you have here of administrators. So we're hopeful -- we simply request that you consider allowing these gentlemen, or whomever you designate, to negotiate with the Atlanta Braves so that we might find a way to bring Braves baseball to Collier County. By the way, most of you know, I have a home in Collier County; truth be told. But that's not why. When I was with the Kansas City Royals, we trained up the road in Fort Myers, and I learned how beautiful and how wonderful Collier County and Naples, Florida, is, and that's why I'm here. Not for that; not for baseball. But that's just an aside. Thank you very much. I appreciate it. MR. OCHS: Any questions for Mr. Sherholtz? (No response.) MR. OCHS: Madam Chair, you have several registered speakers on this item. CHAIRMAN FIALA: That's just what I was going to say. Let's call on the speakers. COMMISSIONER SAUNDERS: Can I ask one question of Mr. Schuerholz. I may have misunderstood what you were saying. I just wanted to make sure I understood. You had indicated or said you want to keep the process going so the county could negotiate. Are you talking about a spring training facility in December of 2018, or are you talking about the possibility of something down the road from that? You kind of left the door open. It sounded like -- MR. SHERHOLTZ: December of '18, utilization for the calendar year 2019. December 13, 2016 Page 49 COMMISSIONER SAUNDERS: Right. I just wanted to make sure that that -- MR. SHERHOLTZ: That's correct. COMMISSIONER SAUNDERS: Okay. CHAIRMAN FIALA: And as our practice, we usually ask our speakers to present first, and then commissioners can ask questions afterwards. So, Troy? MR. MILLER: Madam Chairman, we have nine registered speakers on this item today. Your first speaker is Linda Penniman. She'll be followed by Louis Piche. COMMISSIONER McDANIEL: Vice mayor. MS. PENNIMAN: Good morning, Commissioners. I'm not used to being harnessed by way of time. So I've scripted myself this morning. So if you'll bear with me, I'll appreciate it. My name is Linda Penniman. I'm actually not here representing the City of Naples today. I'm actually here as a Coastal Advisory Committee member. I've been a member of that particular committee for about four years. I want to congratulate the commissioners today on their being on the winning side of the equation recently. And I'm not going to speak with you this morning about the stadium proposal because we all know it's a bad deal for the taxpayers of Collier County. Were this such a terrific deal, I would think that there would be private monies clamoring to get in on this deal, but when public monies become a part, you almost know right away that it's a bad deal for the taxpayers. Also, I want to caution you -- I'm not against sports travel or anything like that, but I want to caution you about the difference -- do not confuse the difference between economic impact with tax revenues. There's a big difference there. December 13, 2016 Page 50 What I'm going to talk to you about today are our 34 miles of beaches which we know guarantee a five-to-one return on our investment by way of sales, taxes, revenue. They're also there 365 days out of the year, and they're available to all of us 24 hours a day. Beaches are the reason that a hundred million visitors came to Florida last year and the reason people pay huge premiums to live and invest near and on them. You'll be interested to know that just last week the CAC moved to take a proactive approach towards protecting our beaches by adopting a coastal resilient initiative. We are aware that well-nourished beaches reduce the impact of storms by a half. Furthermore, we acknowledge that protecting our upland structures that arguably could be well worth over billion -- $10 billion is a critical next step for us. It's been 12 years since a major event occurred here, and our luck is about to run out sometime, and if it does it could cause untold billions of destruction, which would include our hotels, without which -- without a doubt they have the biggest investment on our beaches. While I can't get into this today, we also know that this resiliency will provide protection for our low-lying areas that we know exist in Collier County. So in order to provide this resiliency, we must continue to renourish our beaches so as to increase the height, depth, and width, and by doing we can begin to ensure some protection from not only huge storms but from speed breakers that come with just common everyday variety storms. Our hotels are not going to lose bookings over a penny, but they sure are going to lose bookings over an eroded beach. Thank you for your time today. MR. MILLER: Your next speaker is Louis Piche. He'll be December 13, 2016 Page 51 followed by Dr. Joseph Doyle. MR. PICHE: Good morning, Commissioners. Thank you for having me this morning. Congratulations to the new commissioners. COMMISSIONER McDANIEL: Good morning. MR. PICHE: My name is Louis Piche. I'm a senior field director with Americans for Prosperity and today wanted to talk to you about the spring training stadium funding. At Americans Prosperity we believe in the free market, and we believe that if the Atlanta Braves want to come to Collier County and build a stadium, we have open arms for them; we just don't want the taxpayers to pay for it. Our information that we get came from the study from the Office of Economic and Demographic Research, and it's the study, a 57-page study, called "The Return on Investment for Florida Sports Foundation Grants and Related Programs." First, stadium funding does not boost economic growth. The EDR found that professional sports franchise incentives only return 30 cents for every dollar spent by the state on the program, and spring training franchise incentives provide even worse returns of only 11 cents per dollar spent by the state. Number two, stadium funding does not create long-term goals. High-paying, long-term jobs created by pro sports teams are usually few in number. They're held by out-of-state individuals like the players, the owners, and the league executives. The jobs for the state are usually the seasonal jobs, often part time, especially in the case of spring training facilities, which create employment slumps for our local economy. In the fiscal year 2012/'13, economists found that, on the whole, professional sports franchise incentive program actually lost Florida jobs. December 13, 2016 Page 52 Number three, stadium funding crowds out local businesses. Every additional dollar brought in by the additional tourist tax revenue is not just another dollar not spent elsewhere, but it reduces the income available to businesses that already call Collier County their home. Number four, pro sports teams do not contribute strongly to tourism. A very small percentage of ticket sales for pro sports games are from out-of-state visitors. The EDR report provides that two professional sports impact studies identify the overnight, out-of-state attendees ranging from 6 percent to 10.5 percent. And, lastly, tax dollars should not be used in a bidding war. Over the last 15 years, the Braves have put the local, state, and governments (sic) on the hook for almost a billion dollars in public funding, including $392 million of the 722 million cost of their new stadium in Atlanta, set to open next year. Although an already poor investment, it is simply unfair for the team very conservatively valued at $775 million, whose real value may be as high as twice as much, and whose owners pay players millions of dollars to ask Collier County residents to foot the bill. And in conclusion, we ask that you would be good stewards of taxpayer money. Thank you very much. MR. MILLER: Your next speaker is Dr. Joseph Doyle. He's been ceded three additional minutes from Sandra Doyle, who I see here. He will be followed by Garrett Beyrent. DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle, Pelican Bay. And I want to thank you for continuing the consent agenda item to a future meeting. One month ago we witnessed the seat change in American politics. The election on the surface was Republican versus Democrat, but at a deeper level it was the American people versus big government. This is not just about federal government. It applies to state and December 13, 2016 Page 53 local governments, too. And with $1 billion budget and a book of regulations and ordinances, Collier County is big government. We need to drain the swamp but not replace it with a baseball stadium. All of you are registered Republicans, and I will remind you and point out that on Page 28 of the 2016 Republican party platform, there is a section regarding crony capitalism and corporate welfare. And cronyism is inherent in the progressive vision of the administrative state, which is our bureaucracy. And when government uses taxpayer funding and resources to give special advantages to private companies, of which the baseball teams are, it distorts the free market and erodes public trust in our political system. By putting the weight of government behind the status quo, it leads to economic stagnation. And I'd also like to point out that Brent Baton of the Naples Daily News had an excellent commentary this past weekend in the newspaper, and he went to remind us that, actually, this has been going on since 1990. My mother moved here in 1990, so we've kind of been watching this. I think -- it's almost like a cat with nine lives. The people of Collier County aren't interested in funding a stadium so that billionaire owners can pay millionaire ballplayers to perform 18 to 20 times per year while thousands of everyday Joes shell out exorbitant amounts for tickets, parking, concessions, and a select few of Joes land part-time low-paying jobs attending the games. They don't see the return on investment the proponents are always touting. The Florida Office of Economic and Demographic Research routinely examines the effectiveness of the state's various financial and incentive programs. And it last looked at investments in spring training baseball in January of 2018, and what it found is that for every tax dollar the state put into funding spring training baseball, it received about 11 cents back in tax revenue. That's a return investment of .11. The OEDR did find that baseball raised the state's GDP by more December 13, 2016 Page 54 than 32 million and increased Floridians' disposal income by 21 million. So that was Brent. Also in Forbes, January 31st, 2015, in an article, "Publicly Financed Sports Stadiums are a Game that Taxpayers Lose," by Jeffrey, J-e-f-f-r-e-y, Dorfman, D-o-r-f-m-a-m. And he pointes out that the economic impact is not the same as tax revenue when evaluating these things. So, for instance, a person may fly here, spend money on the airplane ticket, the hotel, $300 on food, maybe $500 a ticket to the game, spend $3,000, but that results in $300 of tax revenue. And then there's some tax revenue that has to go to the governmental costs of providing for extra police traffic control, perhaps public transit. And at the end of the day, a very small fraction of total spending associated with stadium events is left over to help pay back the taxpayers for the building of the stadium. And the other thing is, is that for the local people, money comes from a family budget to go to the ballgames, so that money will actually come from what they would have spent possibly in supporting other local businesses. So it's really a transfer from some of the already existing businesses for that family dollar, and it's not really going to increase local tax revenue here to Collier County Government to pay back those bonds. So, you know, the other thing that I've noticed is that we are Southwest Florida; that would include Collier, Lee, and Charlotte Counties. And Lee County has just built Jet Blue Park. I saw a clip on the TV a couple months ago where Hammond Stadium in downtown Fort Myers is really not generating any revenue, and the taxpayers of Lee County still have to pay back those bonds. So I'm just asking you, really, to just stop this initiative right now. Don't even let the staff waste any more of their time and taxpayers' dollars for their salaries in evaluating this project. December 13, 2016 Page 55 Thank you. MR. MILLER: Your next speaker is Garrett Beyrent. He will be followed by Jason Hartgrave. MR. BEYRENT: For the record, my name's Garrett FX Beyrent, and I've asked the court reporter if I could be sworn in because I want to testify later at an unrelated situation that requires that I be sworn in under oath. Oh, I have to ask -- actually, I have to ask the chair. They told me to ask Donna Fiala if I could be sworn in. CHAIRMAN FIALA: Yes, you can be sworn in. COMMISSIONER McDANIEL: As long as we get to find out what "FX" stands for. MR. BEYRENT: Federal Express. See, that's the first lie. Frances Xavier. I'm a Catholic. COMMISSIONER McDANIEL: Outstanding. MR. BEYRENT: Can't trust those people. (The speaker was duly sworn and indicated in the affirmative.) MR. BEYRENT: Yes, I do. For the record, my name's Garrett FX Beyrent. I've been a developer in Collier County for exactly 45 years. I got -- actually, 45 years in five minutes. How do you like that for timing? In any case, I'm here specifically to talk about my favorite, pickleball, related to the Atlanta Braves, which is there's no relation at all; however, I remembered something when I was a little kid. It was like, we're the home of the free in the land of the brave, not Braves. So brave is just one word. So in any case, first thing I want to do is I want to thank Commissioner Fiala for her service to the community for the past -- well, let me see. I bought carpet from you, padding, during the great oil embargo, and I couldn't get it from anybody else. And I had eight apartments to close when I was developing the Glades, and you December 13, 2016 Page 56 sold me padding so I could close on eight apartments. You were the only person. Jim Craig and Larry Crotus got it for me. They were your buddies, right? Any case, I just want to say that because everybody on this board knows me because I've done business with you over the last 45 years. So first thing I want to do is I want to give Commissioner Fiala a big hand. (Applause.) COMMISSIONER McDANIEL: He's going to pull it out of the box. There we go. Garrett, do you lay awake at night and think of these things? MR. BEYRENT: I do. Thank you, Bill. By the way, I know you, too. COMMISSIONER McDANIEL: As well. MR. BEYRENT: That's a big hand for you. CHAIRMAN FIALA: Now, you have to take this back, though, because I can't accept a gift. MR. BEYRENT: I didn't give her a big hand, did I? I swear. COMMISSIONER McDANIEL: Is that a cast of Donald Trump's hand? MR. BEYRENT: Yes, it is. No, are you kidding? I don't like Donald. Uh-oh. I'm a Republican, by the way. 1980, George Bush told me I got to be. Okay. Now, carrying on with our favorite topic of pickleball, okay, I had a meeting yesterday with the only company in Southwest Florida -- it's a small fishing village -- Naples, Florida, and they actually produce pickleball paddles. I had to tell Jace Kentner that because he thinks faster than me. He's your economic director, whatever that is, temporary. You should make him permanent. Because I've dealt with the other ones in the past. Guy thinks faster than me or Nick Casalanguida. December 13, 2016 Page 57 So first thing I want to do is I want to give away pickleball paddles to the people that deserve them. Oh, by the way, I had three minutes ceded to me by my ex-wife's husband, Pat Bruskey. He'll stand up and he'll say yes. Right there. That's him. CHAIRMAN FIALA: Is he -- MR. MILLER: I don't have a slip for him, no. MR. BEYRENT: Oh, does he need a slip? MR. MILLER: Yes, sir. CHAIRMAN FIALA: Yeah. MR. BEYRENT: Then I'll just -- did my bell ring yet? MR. MILLER: Yes, sir. MR. BEYRENT: I'll do it real quick. You two have to challenge each other to a pickleball match. This is made in China. That's yours. There's two paddles in there. CHAIRMAN FIALA: You know what, we can't receive any gifts. MR. BEYRENT: They're not gifts. These are temporary. These two -- you've got to play with Bill. I know how much you love that. Okay. Now, this is -- I gave you one of those. COMMISSIONER McDANIEL: I'll let you hold it. MR. BEYRENT: Now, getting back to the woman that actually is responsible for pickleball -- this meeting actually occurred yesterday at 5 o'clock, okay. And these are actually made here in Naples. These are pickleball paddles. There's seven of them. Are they here? Okay. CHAIRMAN FIALA: You know what, we have to bring -- MR. BEYRENT: I know. CHAIRMAN FIALA: -- bring this to an end. I'm so sorry. It's a lot of fun, but we just can't go on. MR. BEYRENT: You have to pick one of the seven and then give the rest back to the -- and play pickleball. CHAIRMAN FIALA: Okay, fine. December 13, 2016 Page 58 MR. BEYRENT: You're the pickleball queen, you know that? CHAIRMAN FIALA: Yeah, I know. COMMISSIONER McDANIEL: Garrett, just stay in order. You're out of order. MR. BEYRENT: I'm out of order. Already? COMMISSIONER McDANIEL: Yes, sir. MR. BEYRENT: You don't need a copy of this. COMMISSIONER McDANIEL: Not right now. MR. BEYRENT: Okay. MR. OCHS: Time is up, ma'am. MR. BEYRENT: I needed another three minutes. CHAIRMAN FIALA: So Garrett -- okay. MR. OCHS: Time has expired. CHAIRMAN FIALA: Yes. We really have to go on. Garrett, could you take some of these things back over here? MR. BEYRENT: They actually weren't -- seriously, they're not donations. They're actually -- I wanted to encourage pickleball over baseball. That's all it was. COMMISSIONER McDANIEL: We got it. MR. OCHS: Next speaker. MR. MILLER: All right, ma'am. Your next speaker is -- MR. BEYRENT: Thank you very much for your time. MR. MILLER: Your next speaker is Jason Hartgrave. He will be followed by Terry (sic) Godshaw. MR. HARTGRAVE: Hi. It's good to see you again, Commissioners. This is Jason Hartgrave, for the record. I'm a local resident here. I have a house in Naples, Florida, too, and I also, by extension, carry some of the wishes of the Libertarian Party of Collier County in that we agree with the sentiments of the previous speakers in that we welcome the Atlanta Braves with open arms. We have nothing against baseball. Everybody loves a good December 13, 2016 Page 59 baseball game. But when it comes to using taxpayers' funds to, you know, go towards these private projects, you know, the Atlanta Braves are not necessarily a charity organization. They're, I think, valued at over $1 billion, so they could buy multiple stadiums. But, in fact, that is part of their real estate investment strategy is, according to some sources online, of which I have emailed all of you some links to some articles and reading materials, their philosophy to grow their organization is to get these private monies to build multiple spring training facilities and, thus, increase their real estate empire on the backs of taxpayers, which we don't really want to become a statistic. And there are multiple other places where these stadiums have been built. One is Pearl, Mississippi, and there's a lot of controversy you can find online about those types of situations and how the residents actually feel. Maybe we're all excited when that stadium opens in 2019, but then there's 2025 and 2026 and a long time for paying back these projects. So thank you very much for your time and careful consideration of these matters. It is our wish that the project does not continue using our funds. Thank you. MR. MILLER: Your next speaker is Terry Godshaw. He'll be followed by Ian McKeag. MR. McKEAG: Thank you for allowing me the time to speak here. I'm Jerry Godshaw. I actually have a PhD in Economics done a long time ago. And I actually like baseball; however, I have -- believe that I think it would be a waste of taxpayer money to fund the stadium. The economic literature is replete with evidence that conclusively states that investments in stadiums is negative. It does not pay for itself. There's no economic benefit. Even professors here at the University of South Florida have suggested that the Tampa Bay Rays, December 13, 2016 Page 60 when they came to Charlotte County, had no impact on the local economy at all. And most cases, the local governments finance the cost of a stadium through an increase in the tourist development tax, which is what is proposed here; however, as has been stated by other speakers, this money does not go into the hands of the county government once it's generated. I mean, the tourist development tax does, but what ultimately happens is that the monies that are spent are -- go primarily to the baseball franchise or potentially some local businesses that might be located near the ballpark. It's not a question whether tourists visit the area primarily for baseball. My view is, as Linda Penniman has said, that people come here primarily for our wonderful beaches. And if we're going to raise tourist development tax, I would assume it should go to enhance our beaches because that certainly attracts much more consumer or tourist dollar than a baseball game. The revenues, certainly from the taxes, go to the county, but as has been pointed out, most of the revenue from ticket sales, concessions, parking, et cetera, would go to the baseball team. And as it was recently pointed out, the Atlanta Braves certainly have the wherewithal to fund this themselves. Another argument made is that the baseball -- the Atlanta Braves have had historically high attendance. I don't see any reason why that would continue. If they relocate here, they're going to be further away from Atlanta. I think most of the folks who live here have come from the Northeast or the Midwest, which is not Atlanta's home area. The manner of financing this stadium, as I said, if we're going to increase the tourist tax, I think it ought to be increased. I have no problem with it, as long as it goes towards our beaches and things that actually attract tourism. Despite many assertions to the contrary, I also believe the stadium December 13, 2016 Page 61 will be used primarily during the more congested time of year when it's high season. There is a lot of traffic. We already have full hotels and restaurants. I don't say any net benefit to that. And there's little evidence that it will be highly supported during the off season. In other words, the hundred million dollars is also likely to be exceeded once you consider all of the additional expenditures the county has to take for roads, et cetera. So in sum, the only beneficiary to the stadium, to me, appear to be the Atlanta Braves and potentially a few businesses close to the facility. The taxpayer loses, and I think it would be incumbent upon the commission to just stop the whole exercise at this point. I recognize the good work they've done. It's great work. It's hard work. I know. I've done these things. But I thank you for the work, but I also think it would be worthwhile to terminate at this point. Thank you. MR. MILLER: Your next speaker is Ian McKeag. He'll be followed by Mary Shea. MR. McKEAG: Good morning. Ian McKeag on behalf of the Collier Citizens Council. As we have read in the Naples Daily News, Collier County has a long and consistent history of rejecting tax increases to fund baseball spring training facilities, and with good reason. First, the proposal requires a 25 percent increase from 4 percent to 5 percent in this tourist tax to subsidize this venture. Yet, over recent years, Collier County has not approved any tourist tax increases even for the purpose of protecting our prime tourist amenities and key drivers of real economic impact: Beaches and water. In effect, a spring training tax levy purloins future money from beach renourishment and disaster reserves, both of which are severely underfunded in the event of catastrophic storm damage and the concurrent spikes in the cost of sand. December 13, 2016 Page 62 To accommodate both the Atlanta Braves and the beaches, a 50 percent tax increase is needed, from 4 percent to 6 percent. Obviously, this is not viable in Collier County. Second, the return on investment is slight according to Florida's Office of Economic and Demographic Research. As previously cited, the return is only 11 cents on each dollar. Third, the proposal structure reflects an imbalance of the scarce supply of baseball teams and an abundance of Florida and Arizona counties bidding for one or multiple ventures. Accordingly, there's not any offered sharing in the substantial cash flows of ticket sales, parking fees, naming rights, sports paraphernalia, billboard advertising, and concessions. In other words, not a balanced business deal. Fourth, the projected sponsors are considering other counties and have not even paid for and provided a current feasibility study on the proposed Collier County facility. Fifth, we now benefit from the proximity of Jet Blue Park and Hammond Stadium in Fort Myers. In effect, we enjoy the local tax and intangible branding benefits of those facilities without spending scarce tax dollars. Finally, sports economists, as we have heard, have debunked the illusionary net positive economic impact of spring training facilities. In fact, some say the results are negative. For all these reasons, the Collier Citizens Council urges the commissioners to vote no on this unmerited proposal. Thank you. MR. MILLER: Your final speaker on this item is Mary Shea. MS. SHEA: Hello, everybody. First and foremost, I want to welcome the new commissioners. It's nice to see the new faces, and looking forward to a great 2017. My name is Mary Shea, and I'm the president of the Sports Council of Collier County and also the membership director of Quail December 13, 2016 Page 63 Creek Country Club. And I'm here not to say yea or nay on the Atlanta Braves. I'm here to emphasize and continue to push for the expansion of amateur and recreational facilities that is needed down here. I've heard all these speakers talk about the beach and the beauty of the beach and the hotel needs that we do have in some areas in Collier County, but we're also changing gears in Collier County. We emphasized so much in the last several years of beach tourism, and now if you haven't seen it, I really want you to look at it this way. We're no longer a seasonal destination. We're 12 months. And in that 12 months, we need to get more sports down here. Amateur, senior. We have great success stories of pickleball thanks to Terri and Jim. And 2017 was their first championship, and they've doubled in size in 2017. FBU, we're on the third year now. They've doubled since last year, and they're going to triple for next year, whoever hasn't heard that yet. I just heard from Steve Quinn. So what I'm asking for -- and I'm following up on what Nick had said. North Collier Park is completely sold out. So I'm here just -- we need more sports facilities. If we're going to build more hotels, we need to take care of them 12 months out of the year, not just the -- you know, the seasonal January, February, March and get the high rates. We need to take care of the attractions. We need to take care of all these restaurants. I think it was said in the newspaper recently, there's 37 or 47 new restaurants. They can't live on seasonal business. We need to get bigger. We need to get smarter. And I really think it's the division -- I mean, the direction is all sports. And I'm really hoping and, speaking for the Sports Council, we don't lose sight of the need for growth and the facilities for sports and recreational needs in Collier County. As we've said -- and I think most people have heard me say this in December 13, 2016 Page 64 the past, if you built it, they will come. And pickleball is a great example. So thank you for having me here, and I look forward to a great many years to come. Thank you. COMMISSIONER McDANIEL: You as well. Thank you, Mary. CHAIRMAN FIALA: That's all of our speakers, correct? MR. MILLER: Yes, ma'am. CHAIRMAN FIALA: Okay, fine. Commissioners, what I'm going to do, before I even ask you to speak, we're going to have a break right now because poor Terri needs to rest her fingers. So we're going to take a 10-minute break. We'll be back at 10:55. Thank you. MR. OCHS: Eleven o'clock. CHAIRMAN FIALA: Oh, yeah. Eleven o'clock. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. CHAIRMAN FIALA: Thank you very much. First, Leo, before we proceed, I just want to quickly say how nice the decorations look in the room. And I think that's Mike Sheffield and his group doing that. And I just want to say thank you, Mike and your gang. You made it look so festive and nice. MR. OCHS: Thank you, ma'am. CHAIRMAN FIALA: Now we will continue. MR. OCHS: Madam Chair, you have an 11 a.m. time-certain hearing, but I know you also had a request from the Clerk. CHAIRMAN FIALA: Yes, yes. So what we're going to do, we have to finish, of course, discussing this one, and I hope all the commissioners can -- you know, we can be brilliant, be brief, and be gone -- MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: -- on discussing this first subject, and then December 13, 2016 Page 65 we'll do the Clerk of Courts, then we'll go to the 11 o'clock time-certain. I know that we're going to rush a little bit, but Dwight is sick, and so he's saying please just do this for me; I need it to be done. MR. BROCK: I will be brief and be gone. MR. OCHS: So, again, Madam Chair, the recommendation from staff was just to receive some direction from the Board to either end the project analysis at this point or move on to the next phase. CHAIRMAN FIALA: Okay, fine. And, of course, we're talking about the Atlanta Braves. And, Commissioner Taylor, you're up. COMMISSIONER TAYLOR: Yes. I would -- my office has been involved with this since January of 2016 for the full year, and we have done some research. And with your indulgence -- it won't take long -- it's about six or seven slides, I'd like to bring this up just as, for me, an important summary from our office and certainly from me about this whole proposal. CHAIRMAN FIALA: Okay. Yeah, as long as we can move it along. COMMISSIONER TAYLOR: Yep. It will be moved along. Okay. So next slide, please. And this is a consideration. The history -- I'm a history buff, and it was fascinating when my office went back and found some interesting facts that of the 42 stadiums built in this time period, 29 stadiums were abandoned, 13 remain active; that's a 69 percent attrition rate. Teams leave for better stadiums and better deals, and teams stay if existing stadiums are renovated every 25 years at an average cost of 45 million or if new ones are built. Next slide, please. And here we have a graph to show that the renovations can range anywhere from 27 million to $81 million. Again, we've sourced all this information. We heard some economists. I think we actually had someone speak here who is an economist. And this comes from Financing Sport December 13, 2016 Page 66 Facilities from the Department of Economics at the College of Holy Cross. And I'm just going to read it because it's fairly direct about what goes on. Researchers who have gone back and looked at economic data for localities that have hosted mega events, attracted new franchises, or even built new sports facilities have almost invariably found little or no economic benefit from the spectator sports. The methodology used to formulate estimates is fatally flawed resulting in a consistent bias towards large but unrealized impacts. Next slide, please. But is Collier County really interested in sports tourism? Again, next slide, please. Clearly it is. We have approved, unanimously, the hiring of a deputy director of tourism reporting directly to Jack Wert. We've also employed Hunden Consultants to talk about expanding our sports facilities here not only for amateur sports coming into town but also for our own children who need the space to play. Next slide, please. Funding the proposed stadium means more new taxes. The tourist tax would increase -- would raise an estimated 5.2 million a year, and the funding gap of the 1 to 2 million would be paid for from the county's General Fund. That's our tax money. None of these taxes, none of them, would go to beach restoration. One thing we did this year in the AUIR -- and it was a very important exercise -- is we sort of take a look at where we are and what we need in the future. We do it every year. Collier County isn't required to, but Collier County does it. It's hats off to management to keep this before the commissioners just to remind them what is needed for funding. And it's very interesting to note that 130 million is needed in unfunded transportation needs today in Collier County. And, interestingly enough, it is almost identical to the proposed stadium debt. December 13, 2016 Page 67 So I ask you, what is the best use of taxpayers' funds? Next slide, please. And that's it. Oh, here we are. Good. This is very interesting about baseball stadiums as tourist attractions. This is Lee County and Collier County. And you can see that even though Lee -- and, by gosh, they've been doing it for 92 years; they've had baseball in their community. Collier County has outpaced them with visitors. And that's all I need to end with. Thank you very much. CHAIRMAN FIALA: Thank you. Commissioner McDaniel? COMMISSIONER McDANIEL: Are you ready for a motion? CHAIRMAN FIALA: Sure. COMMISSIONER McDANIEL: I'd like to make a motion that we direct staff to discontinue negotiations with the Braves and this stadium facility. COMMISSIONER TAYLOR: I will second that. CHAIRMAN FIALA: Okay. And I hear a second. Any discussion among commissioners? COMMISSIONER SAUNDERS: I do have one comment, not directly related to that motion, but sort of. We're going to have some very significant beach renourishment issues in the coming years, and I think this board's going to be tasked with considering raising the tourist tax for beach renourishment and beach enhancements, and that's where I think the best bang for the buck is. So I support the motion. I just want to point out that the issue of raising the tourist tax is probably something that's going to come back to us. CHAIRMAN FIALA: Commissioner McDaniel again. COMMISSIONER McDANIEL: Yes. And I just wanted to go on the record and say this has nothing to do with sports tourism as being a benefit to our community. It just is the transaction that's in front of us right now and having our staff moving forward in a more positive December 13, 2016 Page 68 manner for the entire community. CHAIRMAN FIALA: Commissioner Solis? COMMISSIONER SOLIS: And I'd like to share the same thing that this is not -- not against sports tourism. I think it -- in the right situation, if it makes sense in the analysis -- we have enough time to do the analysis, I think it's -- you know, I'm going to keep an open mind about it; however, my biggest concern is the time. The schedule that's been laid out for this to actually work just in my mind, is just undoable; it's unrealistic. CHAIRMAN FIALA: Thank you. COMMISSIONER SOLIS: So that's going to be -- I'm going to support the motion. CHAIRMAN FIALA: Okay. COMMISSIONER McDANIEL: Am I allowed one more little thing? COMMISSIONER SOLIS: I'm sorry. I turned my light on again. I'm sorry. CHAIRMAN FIALA: Okay. Well, I've got two more, but I'll make a comment also. I'll get in and get out real quickly and just say, as much as I love sports tourism -- and I'm a big fan of the pickleball group and everything, and that's great -- but in this particular situation we don't need any tourism in February and March. We already have so much that we're overloaded with it and to try and add more is just going to complicate moving around the county even more than it is right now. Secondly, it says right here the team almost always retains all revenue streams from facility operations. So that means we get to pay for the facility, and they get to keep the revenue generated from it. That doesn't hit me right. So now you know where I stand. Commissioner Taylor? COMMISSIONER TAYLOR: I just want to say that -- I want to December 13, 2016 Page 69 thank the Atlanta Braves. I want to thank you for considering us in your plans for the future, and I wish you great good luck and much success and many, many wins. I think Collier County is a mature enough county that we know who we are. I think this was a question of identity. And who we are is a county that values its number-one attraction, and that's the beaches, and understands that we need to diversify our economy, but that economy can be diversified with sports tourism that has to do with amateur teams coming in. And the beauty of expanding our facilities for that kind of tourism means that our local children, our kids, the neighbors' kids, little boy who signs up for the baseball team or the soccer team, can play on those fields, too. So again, thank you. Thank you for your time and your energy, and I wish you good luck in your endeavors going forward. CHAIRMAN FIALA: Okay. Could you -- COMMISSIONER McDANIEL: And, Madam Chair, forgive me. I'm new at this, and so things pop up along the lines, but I definitely wanted to echo what Commissioner Taylor had to say. This has nothing to do with the organization of the Atlanta Braves or the efforts that have been put forth to date to bring this to our community. There's certainly a benefit to sports tourism that it can, in fact, be derived. It was the transaction itself that prompted me to make the motion. CHAIRMAN FIALA: Okay. The reason I kept trying to hurry you is we have an 11 o'clock time-certain but a clerk out there waiting. COMMISSIONER McDANIEL: I'm quite aware. Things pop up. CHAIRMAN FIALA: I don't mean just you. I meant, you know, all of us, just get to the point. Okay. Good. So with that, a motion is on the floor and a second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. December 13, 2016 Page 70 COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: That's a 5-0. Thank you very much. Item #10D THE BOARD OF COUNTY COMMISSIONERS (BOARD) ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CLERK OF THE CIRCUIT COURT AND COMPTROLLER - MOTION TO CONTINUE UNTIL THE JANUARY 10TH BCC MEETING AND AS OF TODAY NO MORE EXPENDITURES FOR OUTSIDE COUNCIL BY THE COUNTY OR THE CLERK - APPROVED MR. OCHS: Commissioners, before your 11 a.m. time-certain, I presume you want to take Item 10D. CHAIRMAN FIALA: Yes. COMMISSIONER TAYLOR: Before we have to carry our clerk out. CHAIRMAN FIALA: Don't anybody get close to him. He's sick. MR. BROCK: And I assure you, you don't want what I've got. MR. OCHS: Commissioners, this is a request that the Board enter into a memorandum of understanding with the Clerk of the Circuit Court and Comptroller. Commissioner Saunders has placed this on the agenda. COMMISSIONER SAUNDERS: Madam Chair? CHAIRMAN FIALA: Yes. Go ahead. December 13, 2016 Page 71 COMMISSIONER SAUNDERS: Okay. I didn't push the red button, so I wasn't sure if I was authorized to speak or not. Before we start the actual discussion, there is a typographical error in the memorandum of understanding. In Section 2 of the proposed agreement, there is a Subpart E where the Clerk agrees not to expend taxpayer funding for outside counsel regarding litigation between the Clerk and the Board. That same paragraph should have been brought down to Subpart 3 where the Board agrees to not expend taxpayer funding for outside counsel regarding litigation between the Clerk and the Board. So with that change, the reason that I asked this to be on our -- quite frankly, on our first agenda, is throughout the summer and throughout the fall during the political campaigns, there was a great deal of discussion about the infighting between Collier County and the Clerk. And all of us that were on the campaign trail, whether it be Republicans or Democrats, indicated a strong desire to put an end to the infighting. It's not a question of who's right and who's is wrong. It's simply a question of who wins. And in this case, no one does except for the lawyers that have been hired over the years to be involved in these cases. Certainly the taxpayers don't win. And so I've had several meetings with the Clerk who has been extremely gracious in terms of wanting to get all of this behind us and come up with a way to make sure that we don't have any of these problems in the future. And so we came up with a draft memorandum of understanding that basically says that we're going to stop the arguing and work towards a real resolution. I had suggested to the Clerk that it would be appropriate to have a member of the Collier County Commission work as a liaison to the Clerk so that if there are kind of rough spots that the Board can be alerted immediately. And during the summer campaign, when Andy December 13, 2016 Page 72 Solis and I were both candidates and the Sunshine Law did not apply, we discussed the issue of this type of a liaison. And if my memory is correct, Commissioner Solis had indicated that he'd be willing to serve in that capacity, again, just to make sure that we're sending the right signal to everybody that we don't want to have any more of this type of dialogue. MR. BROCK: May I speak to this issue? I've been clerk for 24 years, and I will have to admit that during that 24-year period I don't think I have ever had all of the commissioners that were either candidates or sitting commissioners to continue that came to me individually and sought to find a resolution to -- a solution to what was obviously perceived as and, in all reality, was an issue that the public should be concerned. Even back during the period in time in which some of the members were in the primaries, some of the candidates came to me and said, let's sit down and figure out a solution between elected official to elected official. During this process, one of the things which was very, very important to me and indicated a true concern of the issue was during the meeting that was set up between Commissioner Solis and my office, I happened to have to go -- or didn't have to, but I happened to end up going on a vacation, and it was obvious after I didn't show up that Commissioner Solis wanted an elected official to elected official meeting. That said something to me. That said something to the effect of, we as elected officials need to get together and come to a solution that we can agree with. Commissioner Fiala, every time I have ever spoken to her, has yelled in my ear, "We've got to quit this," and for that I've also been appreciative. Commissioner Taylor has always been there yelling in my other ear trying to do the same thing. Bill has always been an individual that said, you know, "We've got to quit spending the money. December 13, 2016 Page 73 It solves nothing for us." And there's a lot of reality to that. We've got to figure out a way in which we can all work together, come to a common solution that we can all live with without any of us giving up our principles, and move forward. And I think this is, in fact, a process which will allow us to do that. And since Commissioner Saunders is actually the one that started the groundwork for this whole process -- and in the conversations that we have had with other commissioners, there have been additional pieces added to it that were recommended by the other commissioners. I think it is something that we should give an opportunity to work. I can tell you that if I could pay every bill the day that we get it, the work in my office would be cut appreciably. My staff would love me to death for it, and that's what we're striving for, ladies and gentlemen, and I thank you. COMMISSIONER SAUNDERS: Madam Chair, just one other quick comment. I did meet with the County Manager Leo Ochs to discuss this, and he was also very gracious in terms of wanting to get this behind us, and so I want to thank the manager for your efforts to solve the problems, and we're looking forward to not having these conversations anymore. MR. BROCK: And I want to thank Commissioner -- Leo. I'll elevate you, Buddy. MR. OCHS: That's okay. MR. BROCK: Leo. He has hired some people that seem to be working for him and his staff and working very well with our staff, and for that -- you know, we seem to be working toward a solution to all of the problems which may negate us ever having to go further than sending us the bill. CHAIRMAN FIALA: That sounds like paradise to me. MR. BROCK: Oh, it did to me. CHAIRMAN FIALA: I think it sounds great. And being that I December 13, 2016 Page 74 have no commissioners' lights on and I don't get a chance to put a light on, I'll just speak then, and I'll just say, I love to see this all work together. I think -- well, you know, you and I have sat down many times. We've been wanting to do that for a while. I love how it sits. The only thing is it kept referring to an agreement, but I couldn't compare what this is to the agreement that it was speaking of. Could we ever wait to get -- MR. BROCK: Memorandum of understanding. CHAIRMAN FIALA: Huh? MR. BROCK: The memorandum. CHAIRMAN FIALA: Yeah, not MOU, but it was -- in here it was talking about the other -- what is it? COMMISSIONER McDANIEL: Interlocal agreement. CHAIRMAN FIALA: Interlocal agreement. And I was wondering -- MR. BROCK: One has no relationship to the other. I think the County Attorney opined to the other. I think Crystal, when we saw that, contacted -- CHAIRMAN FIALA: I was just wondering if we could just -- so that we could all get a copy of it and just come back the next time -- I mean, we want to all get going and everything. I think we all want to sing Kumbaya, you know, and that's a good thing. But I would love to be able to see what the one says versus the other. It refers to them. Would you mind? COMMISSIONER SAUNDERS: We have -- CHAIRMAN FIALA: I don't have it, though. COMMISSIONER SAUNDERS: The County Attorney -- as pointed out, the County Attorney has opined that whatever's in this agreement takes precedence over the memorandum of understanding. It's a July 2010 agreement. And it doesn't say a whole lot different than what we just pointed out in the memorandum of understanding, quite December 13, 2016 Page 75 frankly. There's just a process for solving these issues. And so I'm going to make a motion before this item is completed to approve the memorandum of understanding. I don't want to wait until January 10th to bring this back. MR. BROCK: May I speak to it? The memorandum of understanding addresses nothing that -- the agreement that the Board has with the Clerk -- COMMISSIONER TAYLOR: A long-standing agreement. MR. BROCK: -- the long-standing agreement affects nothing; absolutely nothing. The long-standing agreement deals with transfer of funds from the Board to operate the Clerk's Office. The memorandum of understanding is even more restrictive in that it eliminates the ability to expend any funds for outside counsel. CHAIRMAN FIALA: Okay. I just brought it up because I haven't seen it, and so you're -- you're asking to -- MR. BROCK: You passed it, Commissioner. CHAIRMAN FIALA: Yes, but I have not been able to compare it now. And I'm not even asking anything. I'm saying, yes, let's just operate by it until the next meeting. I would love to see what I'm voting on. I can't vote for anything if I can't even see it, and it's nice that you bring it up. And I wish you would have included it in here or something so I would have had -- see, I read these things on Saturdays and Sundays, and sometimes Monday nights, too, and so I just didn't have anything to compare to. I'm absolutely for it. I don't want to do anything that isn't for it because we've been waiting to do this for a long, long time. But would you -- would you mind if I first read, you know, the agreement and the MOU -- well, I read the MOU, but I didn't read the agreement, but still proceed as though it's in effect or something. I just -- I just can't vote for it till I see everything in writing, no matter what you say. COMMISSIONER SAUNDERS: Can I make a suggestion in that December 13, 2016 Page 76 regard? We're going to be breaking for lunch at some point. Let me give you a copy of the agreement; take a look at it. We don't need to have Dwight come back, but we'll continue this until after -- CHAIRMAN FIALA: But you're just talking to me. How about everybody? Yes, please. I'm sorry. Yes, you should be pushing your button so that I can call on you. But Andy Solis already has his button on. Okay. Go ahead, Andy -- I mean Commissioner Solis. COMMISSIONER SOLIS: I really -- I think this is going to be a huge step in the right direction. I think it's well past due to find an understanding where we can, you know, efficiently do what we need to do both on your side and our side. My only concern -- and, obviously, I volunteered to be the liaison. I'm not sure what that means. MR. BROCK: You may regret it. COMMISSIONER SOLIS: And I may regret it. But, as I said, I want to work towards being able to work efficiently. I want to have the kind of a relationship where we're -- the Board and the Clerk's Office are working together. I'm a little concerned, as is the chairman, that I haven't seen the interlocal agreement. I think if we have an agreement, we ought to have one agreement instead of two. I think it just -- and for me, I think there's a lot in this memorandum of understanding that needs to be fleshed out a little bit, because I'd like to know what I'm getting myself into, frankly. So I would just like to suggest that we continue this item, because I do want to have something that we can all agree to but something that's clear for everybody's sake so we don't end up, you know, disputing what does it mean. And that's my only concern. And I don't know if the County Manager wants to chime in, but I think there's -- there's just other things that I think I would like to have in there. If I'm going to be a liaison, I'm a liaison of what? What am I going to do? And I am handicapped with a law degree, so it makes me December 13, 2016 Page 77 nervous. That's all I would like to suggest is can we continue this item to flesh out exactly what it's going to mean. And I would like to see some coordination with this with the interlocal agreement if there needs to be. Frankly, I don't know if there does need to be or not because I haven't -- like the chairman, I haven't really looked at it. So that's just going to be my suggestion. MR. BROCK: As I said -- CHAIRMAN FIALA: Commissioner McDaniel? Commissioner McDaniel? COMMISSIONER McDANIEL: I'd like to second the motion. CHAIRMAN FIALA: Which motion? COMMISSIONER McDANIEL: The motion that was made to -- CHAIRMAN FIALA: To just approve it? COMMISSIONER McDANIEL: -- adopt the MOU as it sits today. We have had discussion -- all of us, necessarily, have had discussion with staff. Our attorney has also shared with us the legalities and how one agreement is necessarily separate from the other, and I don't necessarily disagree with the cautions. I actually talked about integrating this into the interlocal agreement necessarily at some stage of the game. But in premise of the MOU for what, in fact, it stands for, I'd like to second the motion. MR. BROCK: And we can certainly look at it down the road if you want to consolidate it to one agreement. I don't have a problem if we're going to open the floor for everything. Look at it as one. Deal with that. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: I know that -- Mr. Brock, I know it's -- I really believe you have sincere efforts to try to create a working relationship with the County Manager, but you can not touch him again because he'll get sick. December 13, 2016 Page 78 CHAIRMAN FIALA: And don't breathe into the microphone. COMMISSIONER TAYLOR: That's all I had to say. CHAIRMAN FIALA: Oh, okay, fine. Commissioner Saunders? MR. BROCK: I don't think that is what makes him sick, from what I've got. COMMISSIONER SAUNDERS: Thank you, Madam Chair. I'm not trying to create any dissension on the board here at all, and I understand everybody's desire to, you know, better understand what we're trying to do. Whatever we do today is not cast in concrete. What I wanted to do today is send a message, but more importantly send a message to the attorneys that we're not dealing with them anymore. And so Commissioner McDaniel has seconded the motion I haven't made yet, but I'm going to make that motion. COMMISSIONER McDANIEL: I thought you did at the beginning of all this. COMMISSIONER SAUNDERS: I had indicated that I was going to, but I am making that motion to approve the memorandum of understanding today with the understanding that this will come back on January 10th for modification so that you'll have an opportunity to change it any way you want. All this memorandum of understanding does is basically set up a process to help us resolve the issues, and it can be changed at any point in time. COMMISSIONER McDANIEL: Second. COMMISSIONER SAUNDERS: So I am making the motion because I want to send the message today. I think it's important that we stop the bleeding. COMMISSIONER McDANIEL: My bad. Second. CHAIRMAN FIALA: Well, the message it -- now it's my turn -- COMMISSIONER McDANIEL: Oh, I'm sorry. December 13, 2016 Page 79 CHAIRMAN FIALA: -- because I don't have a button to push. COMMISSIONER McDANIEL: Yes, ma'am. CHAIRMAN FIALA: And I think that's -- as I said, I would like to just go on as we are, you know, with this in our minds. But without being able to see everything I'm voting on, I'm afraid I can't. And it's not that I reject the Clerk or Crystal, who's my friend, or anything. It's just that I want to see the whole thing. I want us to do it together, but I don't know what -- I talked with Crystal yesterday about this, and we -- I said to her, I just think it's a wonderful thing, except I don't know -- at the time I was still reading, and I didn't have all of the information. And I'm so sorry that -- but I want to go ahead with it in January if we would bring it back then. MS. KINZEL: And, Commissioner Fiala, I think maybe there's some confusion, because the reference to the original interlocal agreement is actually in the statement that your County Attorney offered. The MOU stands on its own, and the interlocal is something that you already approved previously that we've been operating under for about four years. And it really was separated to avoid confusion to get one thing done at a time. And so I think that was Jeff's clause that brought up the interlocal. But what you have before you and what was in your packet is the totality of the agreement that is the MOU that you're voting on. CHAIRMAN FIALA: Okay. MS. KINZEL: Okay? If that helps. MR. BROCK: I mean, I'd like to hear Jeff's perspective. CHAIRMAN FIALA: I just want us to get along. That's all I want. I just want us to all understand what we're voting on. And right now it's -- to me, and maybe it's just me, it's still up in the air because there's so much going on. Do you want to say something, Jeff? December 13, 2016 Page 80 MR. KLATZKOW: May I make a suggestion to move this along? You always have the right to reconsider this so that -- there have been representations made to you, you know, on the dais and by the Clerk. You will be getting a copy of the interlocal agreement to look at. And if you don't care for it, you can make a motion to reconsider, next meeting, the MOU, and we can put it in any form we want to thereafter, if it's the majority will of the Board. CHAIRMAN FIALA: It isn't that -- I think every one of us says the same thing: We all like it. We all like it. We all want to get together. We all want to stop this fighting. We all want to stop the lawsuits and everything. I just -- I personally, I just haven't seen the other information. Am I wrong for saying I prefer to see it in front of me? COMMISSIONER McDANIEL: No, you're not wrong at all. You're certainly entitled to your opinion. CHAIRMAN FIALA: And that isn't anything against the Clerk's Office. The Clerk and I can go out to lunch. In fact -- no, never mind. You're sick. COMMISSIONER TAYLOR: Not today. MR. BROCK: I'll let you go with Crystal. CHAIRMAN FIALA: I just want to see the information before I vote on it. That's my opinion. And, Commissioner Taylor? COMMISSIONER TAYLOR: Yes. And, Commissioner Saunders, I think your intentions are well documented today. I think if we did continue it, I think it would -- we'd all have a moment to -- especially over the holidays, to kind of immerse ourselves in it and really think about it, and Commissioner Solis can figure out whether he really wants to be the liaison -- CHAIRMAN FIALA: He'll be good. COMMISSIONER TAYLOR: -- with conversations with staff. I don't think it -- by not passing it today and continuing it, I don't December 13, 2016 Page 81 think it minimizes at all your intentions or what you intended to do. CHAIRMAN FIALA: No. I think it will come out the same. It's just that then we'll all know what we're voting on. Excuse me. I didn't mean to comment. COMMISSIONER TAYLOR: No, that's quite all right. CHAIRMAN FIALA: So, Commissioner Solis. COMMISSIONER SOLIS: I agree. And, again, I think, at least from my standpoint, the message has been sent. I mean, I think we're all in agreement that -- and we've said it publicly -- that we want to stop the bleeding, we don't want to continue spending money, you know, fighting amongst ourselves. And so I would just like some time to really have a chance to look at it and wrap it all into -- we ought to have one -- I think, one agreement of understanding as to how all of it's going to work, and that's just my suggestion. You know, I agree in principle with all of it, and I appreciate that we had a chance to sit down and talk about this because it's very important, from my perspective, and it's important to the citizens of the county. So, again, I just -- I don't know what wouldn't be gained by making sure that we're all on the same page with what some of these terms mean. You know, the appointment of a liaison, I think we should have something like that, but what does that mean? What is the liaison going to do? If we're going to put it in writing, I think there's just some -- certain things that we need to spell out, if it needs to be in writing. I mean, I think we've all said the same thing. We all want the same thing. So that's just where I am. Thanks. CHAIRMAN FIALA: Okay. And, Commissioner Saunders? COMMISSIONER SAUNDERS: All right. Well, let me do this then -- because one of the things I did learn over the years is how to count to three. And so what I'd like to do, though -- I do want to stop the December 13, 2016 Page 82 bleeding on the outside counsel. So I'm going to withdraw -- with the permission of Commissioner McDaniel on the second, I'm going to withdraw the motion to approve the memorandum of understanding. I'm going to substitute a motion to continue this until January 10th and ask each member of the Board to, if you have comments, suggestions, changes, to make these changes. But part of that motion -- and I am going to ask for a vote on this -- is that we advise the County Manager and the Clerk no more expenditure of county funds from this point forward; from 11:36 a.m., December 13th, 2016, no more expenditure of funds for outside counsel as part of that motion to continue this until -- CHAIRMAN FIALA: I don't even think we -- COMMISSIONER McDANIEL: Do I have to hit my light to say "second"? MR. BROCK: Against each other? COMMISSIONER SAUNDERS: That's correct. COMMISSIONER McDANIEL: Second. CHAIRMAN FIALA: Okay. You want to second that, did you say? COMMISSIONER McDANIEL: Yes. Do I have to push my light to say "second," or can I just do it? CHAIRMAN FIALA: No. And I want to tell you all, we got a call from an outside source just before who was watching it on television, and he said nobody's speaking into their microphone. Would you please speak in there better so he can hear you? COMMISSIONER McDANIEL: Dwight's the one that's doing that. He's the one dancing around. CHAIRMAN FIALA: Okay, Phil. I've done it. Thank you. MR. BROCK: You can hear me without a microphone. CHAIRMAN FIALA: Yes, we can. And, Dwight, this is an exciting time for all of us because we've -- for a long time we've December 13, 2016 Page 83 wanted to work together with you. We didn't like this infighting, so this is a great thing that I look forward to finishing up in January. So with that I ask, all in favor of the motion, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. We'll see you in January. MR. BROCK: May I make one statement before I leave? It is, in fact, a pleasurable time period, and I think it's going to be a new era from dealing with each the commissioners. We've spoken to every one of the commissioners individually, and it has been a pleasure. It's been a new world, so thank you. COMMISSIONER McDANIEL: Hope you get better. MR. BROCK: Me, too. CHAIRMAN FIALA: Crystal, don't get too close to him. MR. BROCK: I know. If she comes to my house... CHAIRMAN FIALA: Don't let him breathe on you. Okay. We'll move on. Item #9D ORDINANCE 2016-45: AN ORDINANCE AMENDING ORDINANCE NUMBER 92-08, THE COURTHOUSE SHADOWS PLANNED UNIT DEVELOPMENT, BY INCREASING THE MAXIMUM SQUARE FOOTAGE OF THE SHOPPING CENTER AND OUTPARCELS BY 18,000 SQUARE FEET FOR A TOTAL December 13, 2016 Page 84 OF 165,000 GROSS SQUARE FEET OF FLOOR AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL .35+/- ACRES OF LAND ZONED COMMERCIAL INTERMEDIATE DISTRICT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (C-3-GTMUD-MXD) TO THE COURTHOUSE SHADOWS PUD; BY ADDING A MEMBERSHIP WAREHOUSE CLUB WITH ASSOCIATED LIQUOR STORE USE AND ANCILLARY FACILITY WITH FUEL PUMPS AS A PERMITTED USE; BY REVISING THE DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS. THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF US 41 AND OPPOSITE AIRPORT PULLING ROAD IN SECTIONS 11, 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 20.35+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE – ADOPTED WITH REMOVAL OF DEVIATION 6, 8 & 10 MR. OCHS: Commissioners, that takes us -- yes, ma'am. That takes us to your 11 a.m. time-certain. This is Item 9D. This is a petition to amend the commercial intermediate district, mixed-use district of the -- excuse me -- of the Gateway Triangle mixed-use district by adding a membership warehouse club with associated liquor store and ancillary facility with fuel pumps. And this is for the Courthouse Shadows Planned Unit Development. Commissioners, ex parte is appropriate for this matter, and -- CHAIRMAN FIALA: Which number is it? December 13, 2016 Page 85 MR. OCHS: This is Item 9D. And all participants should be sworn in by the court reporter. So first, ex parte, ma'am. CHAIRMAN FIALA: Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Okay. Commissioners, do you have any ex parte to declare? COMMISSIONER SAUNDERS: I had some conversations with the petitioner and the petitioner's counsel, and I've gotten several emails and telephone calls concerning the project. CHAIRMAN FIALA: Commissioner Solis? COMMISSIONER SOLIS: I met with Rich Yovanovich and Doug Kirby from the applicant -- on behalf of the applicant. I also met with Karen Beatty and received several emails from constituents as well. CHAIRMAN FIALA: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. I had several meetings, emails, and phone calls. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Meetings, emails, phone calls, about a year and a half worth of them. Thank you. Oh, I should speak into the mike, sorry. CHAIRMAN FIALA: I've also had quite a few emails. I'm saving them so that we can put them on the record. Also I've spoken to local businesses, a number of local businesses. I've attended the CRA meetings. I've -- I heard from the East Naples Merchants Association; from Doug Kirby at Kite Realty; members of the CCPC, Collier County Planning Commission; emails from Karen Beatty and residents; I wrote about it in my column and my newsletter; and I've also read the staff report and spoke to staff. Okay. So shall we move on? COMMISSIONER McDANIEL: I just have one quick question, December 13, 2016 Page 86 and it's procedurally, if I may. CHAIRMAN FIALA: Yeah. COMMISSIONER McDANIEL: During the ex parte, is it required that we actually name everybody and everything that we've heard from and talked to? MR. KLATZKOW: What we generally do is we put together a file for you for the emails and everything else. COMMISSIONER McDANIEL: Right. MR. KLATZKOW: And then as far as the major players would go, you would identify them. So, for example, you would identify the developer, if you met with the developer or -- COMMISSIONER McDANIEL: Right. MR. KLATZKOW: -- people of that nature. COMMISSIONER TAYLOR: Which I didn't do. COMMISSIONER McDANIEL: And I didn't do it either. There was a large disparity between Madam Chair's ex parte and mine, because I understood that as long as we acknowledged that we had meetings, telephone calls, and emails, that the detail could be included in the file individually. MR. KLATZKOW: Well, at the end of the day it would be Mr. Yovanovich's right to question you about the ex parte, which is why we do it. Mr. Yovanovich, do you have any questions on the ex parte communications? MR. YOVANOVICH: No, since I participated in -- MR. KLATZKOW: There's no issue. MR. YOVANOVICH: I think I know what we're talking about. COMMISSIONER McDANIEL: Well, this is for future reference as well. MR. KLATZKOW: I understand. CHAIRMAN FIALA: And I forgot to mention that this morning I December 13, 2016 Page 87 received an email from the East Naples Civic Association also supporting this effort. Thank you. Move on. MR. YOVANOVICH: All right. I'll try. CHAIRMAN FIALA: Mr. Yovanovich. COMMISSIONER TAYLOR: It's Christmas, Rich. MR. YOVANOVICH: I know. I'm going to be giving. Good morning. For the record, Rich Yovanovich on behalf of the petitioner. With me is Doug Kirby with Kite to address any questions you may have regarding the Courthouse Shadows shopping center; Wayne Arnold with Grady Minor & Associates, the professional planner on the project; and Jim Banks is our transportation consultant if you have any transportation-related questions. I'll try to do a quick and brief overview of the proposed project, and then Doug will come up and talk a little bit about the center, then we can answer any questions you may have. On the visualizer is an outline of the existing property. Essentially, we're adding a .35 acre parcel in this area right here to the project and adding 18,000 square feet of developable square footage to the property to go up to a total of 165,000 square feet on about 20.35 acres. The use, as Mr. Ochs pointed out, is to add a membership warehouse club with associated facilities to the list of permitted uses, and actually we're trying to clarify that. We believe that those uses were allowed anyway. But since we had to come in and revise the master plan, we were just clarifying that that use is a permitted use. We have added the conceptual master plan that's in your packet that identifies, if we go forward with the membership warehouse, where exactly that building will be located and the associated facilities. We wanted -- and I talked to both staff and your County Attorney. We wanted to clarify on Page 8 of 9 on the PUD document -- and December 13, 2016 Page 88 I'll -- hopefully you can see that. What we wanted to clarify is that the master plan is, in fact, conceptual, and that if we develop the property other than the membership warehouse, it would be developed in accordance with the development standards in the PUD as well as the applicable provisions of the Land Development Code, and that's what's intended by those minor revisions to the language that's included in your PUD. The property is within an activity center. The activity center allows for the full range of commercial uses from C1 to C5, and the use that we're adding is consistent with the Comprehensive Plan. Your staff's evaluated our petition and our request, and I believe the PUD document in front of you is obviously acceptable to staff and to us and incorporates all comments of the Collier County Planning Commission when we went to the Planning Commission. The Planning Commission recommended approval unanimously, 5-0, of our proposed changes to the PUD. So it's an overview. I think most people are very aware of what we're proposing to do on this site. The intended use is for a Sam's Club to come to this property at some point. There have been some -- you know, there's information that Sam's has put on hold it's capital expenditures for new projects for a couple years. We do want to go through with the PUD in case Sam's decides to come back to this site but also to add that outparcel, which we already own that property, in that it would give us the flexibility to continue to move forward with hopefully developing a center that has been struggling for very many years. And Doug will take you through the experience that Kite has had since it acquired that property, and then we'll be done with our comments, and we'll be able to answer any questions you may have regarding our request. CHAIRMAN FIALA: Number D that you wanted, for some reason it's really, really blurry on my screen. December 13, 2016 Page 89 MR. YOVANOVICH: Can you zoom in, Leo. I mean Mr. Ochs. CHAIRMAN FIALA: Okay, good. MR. OCHS: Better? MR. YOVANOVICH: Is that better? CHAIRMAN FIALA: Yeah, thank you. With that, Doug, you want to... MR. KIRBY: Thank you, Rich and Commissioners and public. I just want to kind of walk through a little brief history of the Courthouse Shadows shopping center. It was originally developed in the late '80s as a Walmart, and then sometime in the early '90s Walmart moved across the street, and shortly after that Albertson's took the box that Walmart had occupied and operated it as a grocery store until they ceased operations in the late 2000s. Around 2009 they ceased operations in Florida. Kite, Kite Realty Group, purchased the shopping center in 2006 prior to Albertson's ceasing operations. And when Albertson's left, Publix assumed the lease the Albertson's had with us and operated the center. And Publix operated that store until the natural expiration of that lease in 2014. Publix notified us prior to that in late 2013 that they were not going to exercise the options that were allowed to extend that lease. As soon as we found that out -- obviously, it was a blow to us and a blow -- we knew it was going to be a blow to the shopping center -- we immediately began looking for replacement anchor tenants, because we understood that this shopping center needed an anchor tenant in order for it to continue to operate and support the businesses that were in that and service the community. Unfortunately, we searched high and low and talked to every grocery store that was out there, other retail operations, clothing stores, home goods, furnishings, and no one was interested in taking it, until we were able to talk to Sam's and Walmart. And they had studied the December 13, 2016 Page 90 market and agreed to put a Sam's Club in the shopping center. Extensive negotiations with them, we were able to come to a ground lease -- an agreement with them for a ground lease. And we subsequently moved forward with the PUD amendment to add the additional land that Rich alluded to as well as amend the master plan and the uses to allow for a Sam's Club. Unfortunately, as Rich alluded to, Sam's, in the last couple weeks, has redistributed their capital into other uses and put on hold any new development. So with that, they have dropped the contract with us on this deal, and they're not ready to move forward. They still are very interested in the market and interested in the site, but they just are not going to expend any more capital for a couple years, so they've delayed this project. With that, we still want to move forward with the PUD amendment to add the additional land and begin developing the shopping center at least with that parcel, if not any other uses we can come up with in the shopping center. So we're looking for your approval to move forward with the PUD amendment so that we can continue that process. I don't have anything else. If there's any questions... MR. YOVANOVICH: I don't think there are any questions from staff. Transportation, obviously, has signed off, and all of your staff members have signed off on this. So I don't want to belabor the presentation if we don't have to, because I know you-all read your materials. So with that, we're available to answer any questions you may have regarding the proposed PUD amendment. CHAIRMAN FIALA: How many speakers do we have, Troy? MR. MILLER: Three. CHAIRMAN FIALA: Three speakers. Okay. Would you call on December 13, 2016 Page 91 our speakers, please? MR. MILLER: Sure. Your first speaker is Gary -- excuse me on this last name -- Kluckhuhn, Kluckhuhn. Am I close, I hope? MR. KLUCKHUHN: That's close. Close enough. MR. MILLER: He will be followed by Bill D'Anturo (sic). MR. KLUCKHUHN: Thank you. I'm Gary Kluckhuhn. I live at 2180 Sandpiper Street, so I'm a neighbor of this property by being down the creek. And recently I took a little dinghy up the creek and came up to 41 where the parking lot from Sam's Club and from the parking lot from the Courthouse Shadows basically sheet off into the headwaters of Haldeman Creek. And I commend every -- you know, the county with the ponds that are around, the drainage ditches. They do a pretty good job of directing the rainwater and converting it into stormwater waste, which I'm proposing that the variance that -- whatever happens at the Courthouse Shadows, that there be at least maybe a memorandum of understanding that we would collaborate with the engineers and the community to do something that would treat that water before it goes into the creek. The mangrove forest up there collects literally hundreds of pounds of Walmart bags. I'm proposing the property adjacent to where the -- if you pull the map up again, there's actually a vacant lot at the end of Collee Court where that dogleg is in their property. That's a C3 parcel. It's behind the Dunkin' Donuts and the Office Depot. But there's two C3 lots in there. I put an offer on it the other day just in hopes of maybe beginning to do something in there in the way of a water retention, like a water-world feature. I'm a retired builder, and I know -- I've done a lot of big stormwater management projects. I'd just like to propose that that parcel I'm going to go ahead and try and acquire it or maybe they could acquire it. I know they negotiated on it. December 13, 2016 Page 92 But we really need to do something besides just letting that rain run off those parking lots into the creek. And we have an opportunity to do something now. I work with Wounded Veterans Association. I suggest maybe a bed and breakfast on that parcel. It's zoned C3. We'd have a place for the guys, when they come to down, would be able to stay in season, because there's no place -- you can get hotel rooms for them off season, but the airboat outings we do is in season. We need, you know, water in the Everglades. But that would lend itself neatly to some sort of development that would make it sustainable, but mainly a water -- I don't like to call it stormwater waste because it's not waste until we treat it the way we're treating it. So if the county could somehow provide an incentive for what they -- what the property owners want to get serious about a project that would alter the condition that we currently have in Haldeman Creek; it used to be a clear water, white beaches, people swam in it. I'm out of time. I just ask you to please take advantage of this opportunity to make the positive step in cleaning that up. Thank you. CHAIRMAN FIALA: Thank you. MR. MILLER: Your next speaker is Bill D'Anturo. To be followed by Al Schantzen. MR. D'ANTUANO: Bill D'Antuano. I also live on Haldeman Creek on Canal Street. To kind of piggyback on what this gentleman said, I see the same plastics and everything. We have a lot of runoff not only from the Walmart, but also if we were going to go build this, it would also cause a lot of runoff. Recently in Haldeman Creek, they just cut down, I think, over a hundred feet of mangroves to put in some docks there, which just happened in the past couple weeks. I've also gone up under the bridge up on my little vessel there. I've seen the plastic, and there's actually a December 13, 2016 Page 93 lot of -- you know, it's a very interesting, very nice part of Naples that we don't even see just because it's covered in brush and it's tucked behind this big development here. It's kind of sandwiched in there. I just feel like Haldeman Creek is a little forgotten gem of Naples. We need to do what we can and not forget about it and not pollute it any more than it is. I mean, you can come on -- see my dock. You can see the algae blooms. You can see little deposits of oil and the trash. It's just sitting there. So just consider Haldeman Creek when you're making your decision. No questions? Thank you for your time. MR. MILLER: Your final speaker on this item is Al Schantzen. MR. SCHANTZEN: Good afternoon, Commissioners. COMMISSIONER McDANIEL: Good afternoon, sir. MR. SCHANTZEN: Al Schantzen. I live on the banks of Haldeman Creek on Canal Street down from this planned development. One of my major concerns is, with all the other gentlemen, is the ecosystem of Haldeman Creek. I mean, it's an ecotourist spot, because you've got a lot of people in canoes, paddleboards, and everything else using that area now. And what they had planned with the Sam's -- Sam's Club was putting in a gas station right on the banks of Haldeman Creek, which is within 500 feet of another gas station. And that, to me, is an eco disaster waiting to happen and all that runoff going into the Haldeman Creek with what would be members-only cars gassing up there, I don't think, is good for the CRA development of what the mission statement is of the CRA. The CRA and everybody else had voted on supporting the Sam's Club. It no longer is a Sam's Club going in, from what the gentleman said. So all this things of the PUD that they're trying to do today seems to be moot. They're going to have vacant buildings sitting there for two December 13, 2016 Page 94 more years until they maybe get Sam's Club in? All those questions come up on why we're voting on all the deviations to the Land Development Code at the same time we're going to wait for Sam's to come back two years from now to build a big-box store. So I'd like the whole site to be redeveloped for the watershed into Haldeman Creek. I know the traffic side and everything else, that could be handled with the engineers, but there's nobody to speak for and take care of Haldeman Creek. So I'd just like to have you consider that in whatever you decide to do with this development or future development. Thank you. CHAIRMAN FIALA: That's all of our speakers? MR. MILLER: Yes, ma'am. CHAIRMAN FIALA: Okay, fine. MR. YOVANOVICH: May I quickly respond to the three comments regarding the water management? Because it's addressed in our PUD already. CHAIRMAN FIALA: Good. MR. YOVANOVICH: If you look -- if you look at that paragraph, what you'll see is if we redevelop the site, which is what we're intending to do, we're actually going to bring it up to the current standards and abide by the water management requirements regarding detention and retention of water on site and treating that water on site before it goes into Haldeman Creek. So there are already regulations that apply to the property, and we're recognizing that. It will be an upgrade from the existing shopping center. So I think the three people who mentioned that as a concern, that is addressed already in the PUD document. CHAIRMAN FIALA: Would you like to read that just so that everybody in the audience can hear it? Or I will. MR. YOVANOVICH: I can now. December 13, 2016 Page 95 CHAIRMAN FIALA: I'll read it. MR. YOVANOVICH: I got it. Wait a minute. I have to have the microphone. It says under Paragraph C under water management as the heading, for purposes of stormwater management, the proposed redevelopment project shall be treated as a development project; therefore, it will comply with the existing offsite allowable discharge rates and retention/detention criteria as the date of this PUD amendment approval. So we will be modernizing the water management system as part of the redevelopment of the site. CHAIRMAN FIALA: Once this is approved? MR. YOVANOVICH: Correct. CHAIRMAN FIALA: Okay. Thank you. Okay. We have Commissioner McDaniel. COMMISSIONER McDANIEL: Well, Rich jumped in front of me to answer the questions because -- and that was right in line, Mr. Al, with what I had going on about the deviations, the questions I had with the proposition of going forward with this. The specificity of the deviations that were delineated in your request, are those all going to stay? MR. YOVANOVICH: The intention, subject to comments from the commission, would be for the deviations to remain in place. The -- we're not waiting for Sam's Club. Sam's Club -- we will move forward not knowing whether or not we'll ever get Sam's Club a couple years down the road. But, you know, should we not find another suitable redevelopment of the site prior to them -- because, as you know, time is money. Nobody's going to sit and wait. But if we're unable to find, you know, attractive tenants for this site, we're hopeful that Sam's will be Plan B now. It was Plan A. COMMISSIONER McDANIEL: So, yes -- the answer is yes, the deviations that you're talking about are, in fact, going to stay? December 13, 2016 Page 96 MR. YOVANOVICH: Again, subject to discussion from the County Commission. COMMISSIONER McDANIEL: And leads me right to where I wanted to go. I had issues -- or under the staff recommendation on the deviations, there was discussion about the acreage of the preserve that was delineated in the staff report, and then I also -- and I asked about questions -- maybe this is more of a staff question about the enforcement of these items when a breach occurs with regard to the extension or overextension, if you will, of the preserve area. And then there was some p.m. traffic items that were discussed as well. Do we have ongoing monitoring processes in place? And what, in fact, are the methodologies to determine whether -- what happens if you deviate from that? MR. YOVANOVICH: Well, I do know that the preserve issue that was referred to in the Collier County Planning Commission report has been resolved. COMMISSIONER McDANIEL: Okay. MR. YOVANOVICH: That's no longer an issue that is on the table. And staff can talk to the monitoring. But, yeah, I could tell you there's monitoring in place that makes all developers or all property owners comply with PUD conditions. COMMISSIONER McDANIEL: Including traffic. But there was no delineation of a penalty that travels along with that, or what do you do if you go over? MR. CASALANGUIDA: Sir, the traffic itself, when they come in with their actual development orders, it's compared to what they submitted in the PUD. COMMISSIONER McDANIEL: Right. MR. CASALANGUIDA: But as far as ongoing monitoring, each development's not monitored per se as how much they generate on a detail basis going forward. They just use the standard ITE December 13, 2016 Page 97 transportation engineering guidance, the application submitted, staff compares it to the PUD, and then approves the development order. CHAIRMAN FIALA: Okay. That's it? COMMISSIONER McDANIEL: Yes, ma'am. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: For staff, please. I guess Mr. Bosi. First of all, in the original document, was a membership warehouse part of the permitted use? MR. BOSI: There was not a specificity within the existing PUD for a membership warehouse, but the range of commercial users that were indicated would seem to fit underneath that umbrella. But there was never a specific official interpretation requested. Because they were going through a PUD amendment, that's why they asked for that clarification. It could have been done through a PUD amendment, or we could have done it through a staff clarification or an official interpretation. That wasn't sought because the avenue of the PUD amendment was provided, and that provided the opportunity to add the specificity so there's no ambiguity as to whether a membership warehouse could be added. COMMISSIONER TAYLOR: I wish your answer had been different. My angst at all times about this project was putting one big box across from another in a piece of road that is almost going to be failing in terms of traffic. And as we go forward -- and I guess this is a legal question -- how do we not allow membership warehouse to be part of the uses of this PUD? MR. KLATZKOW: I don't think you do. I mean, I don't see the difference between a membership store and a regular store as far as a zoning issue goes. I mean, to me, the big issue here was the separation distance with the gas station. COMMISSIONER TAYLOR: Well, that's another one but... December 13, 2016 Page 98 MR. KLATZKOW: Well, if you don't like that one, that more or less significantly impinges the warehouse concept that Sam's does. COMMISSIONER TAYLOR: All right. Okay. The addition of 16,000 square feet that -- it's not a deviation here, right? It's just part of the PUD? MR. BOSI: It's just that the PUD is requesting additional square footage. You have to remember, our Future Land Use Element, our Future Land Use Map designates this as an activity center. An activity center is a designation within our Future Land Use Map that says your most intense, your widest variety of commercial uses are what's encouraged. It's what's intended. And when Bayshore went through the redevelopment process and they allocated specific land uses to various geographic areas within the Bayshore, this activity center was segmented out and said we're not going to touch the individual uses within that activity center, because our Growth Management Plan, our Future Land Use Element allocates the specific purpose of their activity center from where our most intense commercial uses are supposed to be located. And based upon that recognition, they yielded any specificity of additional land uses and reserved those for other areas within the Bayshore redevelopment area because of the existing allocation of land uses by the Future Land Use Map. COMMISSIONER TAYLOR: Okay. So a horse is a horse is a horse, right? COMMISSIONER McDANIEL: Of course, of course. COMMISSIONER TAYLOR: Is the -- okay. So given that, I think what I would like to talk to staff and maybe Mr. Wilkison, specifically, about the water issue in Haldeman Creek. And I respect the fact that that -- Kite is going to bring it up to 2016/2017 standards. You know, I -- December 13, 2016 Page 99 MR. WILKISON: Good afternoon, Commissioners. For the record, David Wilkison. And welcome new commissioners. COMMISSIONER McDANIEL: Happy to be here, David. COMMISSIONER TAYLOR: It is afternoon. Thank you. Good -- MR. WILKISON: It is afternoon. COMMISSIONER TAYLOR: The water management, it has been approved by the county. It passed unanimously by the Planning Commission. How is it going to be monitored, or what is the process to make sure that -- we can't -- we're not asking the developer to clean up Haldeman Creek, but we certainly are asking him not to contribute to a problem that needs to be addressed by the county. MR. WILKISON: Right. And realize during the PUD review, it's a review of a conceptual water management system plan. And during the Site Development Plan review, when they submit detailed stormwater management calculations and design, then we'll perform a very detailed review of those plans and specs, and also they will need to go to the South Florida Water Management District for their environmental resource permit. And as Rich had said, or Mr. Yovanovich had said, one of the conditions of the approval of the PUD was that the site be reviewed as a new project, a new development, and so it will meet all current criteria both for water quantity attenuation and water quality treatment. And so, I mean, you're going to get an improved project and a modern surface water management system as opposed to an existing system that was designed and permitted and constructed many years ago. COMMISSIONER TAYLOR: Okay. Thank you. MR. WILKISON: You're welcome. COMMISSIONER TAYLOR: So, Mr. Kirby, representing Kite, I would like to see if you would agree to removal of three deviations December 13, 2016 Page 100 within the PUD. It's Deviation 6, 8 and 10. CHAIRMAN FIALA: Which are? COMMISSIONER TAYLOR: Deviation 6 talks about separation from adjacent -- waiving the fuel pump distance; No. 8 speaks about the massing issue, which would apply specifically to Sam's but doesn't necessarily have to apply to another development; and No. 10 is the landscape standards when a facility with fuel pumps is within 250 feet of a residential district. We're not going to be putting fuel pumps in there. We're not waiving -- we don't need to waive anything. Would you agree to that? MR. KIRBY: Yes. For the record, Doug Kirby with Kite Realty. Yes, we would agree to withdrawal of those three deviations, 6, 8, and 10, because they are specifically for the Sam's use at this time. COMMISSIONER TAYLOR: Thank you very much. Thank you. CHAIRMAN FIALA: So with that, I make a motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN FIALA: Second. Okay. Any further discussion? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. It is lunchtime, folks. COMMISSIONER McDANIEL: Before we go to lunch, can I say one thing, Madam Chair? CHAIRMAN FIALA: I don't know. You're holding up our lunch. COMMISSIONER McDANIEL: I know. December 13, 2016 Page 101 CHAIRMAN FIALA: Yes. COMMISSIONER McDANIEL: I think it's important to note here that it was brought up about issues that are going -- and this is for the residents in the area of Haldeman Creek, please. There were issues brought up by the neighbors and folks that live out there, and I think some direction to staff with regard to investigation as to that area as to what's going on, we all know there are a lot of circumstances that come up that impact hydrology, health of creek systems and the like. You mentioned grocery bags blown in from Walmart, a separate project, but I would like some direction to staff to look into that and come back to with us a formal report from our environmental services with regard to that, or whatever department it is that does that. MR. OCHS: Yes, sir. COMMISSIONER TAYLOR: I would agree. I would agree. COMMISSIONER McDANIEL: Got that? Got that. Now we can go to lunch. Well, if Madam Chair so desires, we can go to lunch. CHAIRMAN FIALA: It's lunchtime. See you in an hour. (A luncheon recess was had.) CHAIRMAN FIALA: Well, we're back in session. And before we begin, I'd like to correct a little something I said in error, and that is it was facilities who decorated this place so nicely for this time of year, and I just want to thank them for that. You make us all look good. Thank you. Okay. Leo, we're back on track. MR. OCHS: And, by the way, I gave you that incorrect information, so thanks for taking one for me. All right. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE December 13, 2016 Page 102 CURRENT OR FUTURE AGENDA MR. OCHS: We're moving on, Commissioners, to Item 7. This is public comments on general topics not on the current or future agenda. MR. MILLER: Madam Chairman, I have one registered speaker for public comment, John Swasey. MR. SWASEY: Now, that was fast. I was expected to be No. 7. Good afternoon, ladies and gentlemen. My name is John Swasey. I represent Exec Air, Inc., of Naples. We're a small taxi airline here in Naples; have been operating since 1997. We began scheduled service five years ago out of Naples Municipal Airport to Miami International. We proudly say we're the only scheduled service from Southwest Florida to Miami. The reason we are in front of you today is because the FAA last week finally released us to offer more published scheduled service. Being that season is so close around the corner, we really -- talking with staff at the Airport Authority, Justin, and working down with the Marco Island Executive Airport, we would like to operate some scheduled service in and out of that airport; however, facilities leasable to us do not exist at this point because they are tied up by other tenants. We're asking the Board to consider allowing the Airport Authority to do a deviation from minimum standards to allow us to operate in and out of the Marco Island Airport on a published schedule with our small single-engine aircraft to Key West. We propose operating once a day with the departure sometime between 1 p.m. and, you know, 5 p.m. Our last flight will probably arrive at about 7:00 -- between 6:30 and 7:00 p.m. in the evening in Marco. This would have little impact, really, on the staff there; that's because we can operate independently. We don't need a lot of services due to the size of our aircraft. Don't need a turnaround or anything like that. But it will take this board authorizing staff to do so. December 13, 2016 Page 103 The reason we're on the -- tried to get on the agenda today is because the timelines for us to make our announcement and do presales tickets before season starts at the beginning of the year, January 1st. We would like to start, actually, operations on January 1st or thereafter, very shortly. Does staff have -- the Board have any questions for me? CHAIRMAN FIALA: Yes, sir. You did speak to the airport staff, right? MR. SWASEY: I did, indeed, and they indicated that -- Justin Lobb, the interim director, indicated he would welcome the service, that he could not move any further forward because of the facility availability at this point in time. You know, there is one flight school that has an office in there that's willing to sublease space to me through their office, but then I -- there was a question brought up that we may jeopardize their lease because of the square footage for minimum standards, which would require a board authorization anyway. CHAIRMAN FIALA: Is there something that we can do to help this gentleman along and see that we can get some of that service into Key West? MR. OCHS: Well, yes, ma'am. I don't know that we can meet this gentleman's particular time frame. Typically, we like to have an opportunity to put a formal agreement together and make sure that we've done our due diligence on this to get it in front of the Board for approval. But, I mean, if the Board wants to direct us otherwise and allow the chairman to sign off on a lease agreement between now and your board meeting on January 10th to meet this particular gentleman's time frame, I guess we could look at something like that. But short of that, ma'am, we need some time to learn more about exactly what he wants to do and what the challenges may be. CHAIRMAN FIALA: Okay. So let me see if I understand what December 13, 2016 Page 104 you just said. MR. OCHS: Yeah. CHAIRMAN FIALA: So you said that there's -- you know, we don't have too much time to do this. You understand he's under a time limit; so are we. But you want to put together an agreement and you have to do your due diligence first. Is this all stuff that you say could be accomplished by the first meeting in January; is that what you were saying? MR. OCHS: Oh, yeah, absolutely. But I thought this gentleman is looking for permission to get into operation prior to that. COMMISSIONER McDANIEL: Yes. MR. SWASEY: That is correct. We'd like to make our announcement of ticket sales hopefully this week, and then -- that's the presales for operations to begin/commence on or about January 1st. And it takes at least that amount of time to spool up and allow the general public time to realize there is availability of scheduled service, again, in our small aircraft. We're not proposing anything big. We're using Cessnas and that kind of equipment, which are small, you know, six passengers at a time, you know, three, six, whatever. CHAIRMAN FIALA: PBA used to fly down there, yes. MR. SWASEY: Yeah. And, you know, they used bigger aircraft and, of course, you had Cape Air. It was here in Naples, and they used a twin Cessna. We're a little bit smaller than that, but we've been operating charter down there for years, and we've been doing it successfully. And it was, you know, time for us to make the next step. Unfortunately, the FAA -- we all know our federal government; it is extremely slow, if it doesn't move backwards. CHAIRMAN FIALA: So do you have suggestions, fellows? MR. OCHS: Ma'am, the only thing I could tell you, if the Board is interested in expediting this, you may want to consider allowing us December 13, 2016 Page 105 to work with this gentleman, apply all of your standard rules and regulations, and if those are all met, you know, you could allow me to execute the agreements and then bring them back to the Board on January 10th for ratification if that meets with the Board's approval. CHAIRMAN FIALA: Commissioner McDaniel? COMMISSIONER McDANIEL: You said just what I was going to say. I mean, there are consequences from every decision that we make, and there are other air carriers and the like that we need to have investigation on. The staff needs a period of time to go through its due diligence to make sure that the requests can be met and we're not negatively impacting anybody else. So I'm all over that if you can find that that's the case. CHAIRMAN FIALA: So do any other Commissioners have anything? COMMISSIONER McDANIEL: Burt does, but he hasn't hit his button. CHAIRMAN FIALA: No, so I'm not calling on him. Oh, Burt Saunders. COMMISSIONER McDANIEL: Hey, Burt. CHAIRMAN FIALA: Go ahead. COMMISSIONER SAUNDERS: No, I really don't have anything to say. No, just kidding. I think that I'll make a motion and then -- CHAIRMAN FIALA: This is the airport director. Would you like to hear from him first? COMMISSIONER SAUNDERS: Sure, sure. MR. LOBB: Good afternoon, Commissioners. For the record, Justin Lobb, Airports Manager. Sorry, I've got to catch my breath here. COMMISSIONER TAYLOR: You flew in, right? MR. LOBB: I was going through security and I saw Mr. Swasey, I said, oh, boy, I better get rolling. December 13, 2016 Page 106 So we did receive a formal proposal from Mr. Swasey over the weekend, and at this point I think it's more a matter of a timing issue. We just have not had the opportunity to thoroughly vet this and review it for compliance with our minimum standards, operating procedures, and that it fits into the airport management plan in general. As well, we do not currently have space available to accommodate this operation. And if we did, we would likely proceed with more of a formal advertisement solicitation to fulfill that space and make sure it's the best use of the limited space we have at Marco. So right now, you know, we will continue to work with Mr. Swasey and review this and vet this, but, you know, at this point it's a matter of just timing. CHAIRMAN FIALA: Commissioner Saunders, do you want to finish? COMMISSIONER SAUNDERS: Yeah. I'm not sure what motion to make at this point, then. It sounds like this needs to come back on January 10th, I think is our next meeting, with the recommendation to proceed with it, and perhaps by then you can have a -- if it's something that the airport authority feels comfortable moving with or airport director feels comfortable moving forward with, perhaps we can have the agreement ready for approval on January 10th. MR. LOBB: Correct. Well, we'll at least come with a recommendation as to what we need to do to move forward with this. CHAIRMAN FIALA: Do you have any other service flying to Key West? MR. LOBB: Well -- and that's the other issue. Right now we do have two based air-charter operators in, and meeting compliance with these standards is of utmost importance because these operators do currently have office space, and we need to make sure that there is a level playing field amongst those operators. CHAIRMAN FIALA: They're a charter service? December 13, 2016 Page 107 MR. LOBB: That's correct. CHAIRMAN FIALA: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: No, my question was answered. Yeah, you have to be very careful. But I think the thought was -- is not to come back and tell us what we need to do. I think the thought was to come back and tell us whether it can be done or not. MR. LOBB: Absolutely, right. And we'll do an analysis and bring that back. COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: So then do we make a motion to have you working together to see if they can come back on the 10th; is that what you're saying? MR. OCHS: You don't need a motion, ma'am. Mr. Lobb will work with this gentleman, like we always do, and we'll bring back appropriate items that need Board approval going forward. CHAIRMAN FIALA: Okay. That's about all we can do. We can't really move it up to the 1st, but on the 10th we'll see you. MR. SWASEY: Okay. That's -- I appreciate the Board's consideration to time. Thank you. CHAIRMAN FIALA: Okay. Item #10B THE BOARD OF COUNTY COMMISSIONERS (BOARD) TO CONSIDER SUPPORT FOR RE-ESTABLISHING FUNDING OF THE CONSERVATION COLLIER PROGRAM FOR THE CONTINUED ACQUISITION, PROTECTION, RESTORATION AND MANAGEMENT OF ENVIRONMENTALLY SENSITIVE LANDS IN COLLIER COUNTY - DIRECTING STAFF TO COME BACK TO THE BOARD IN JANUARY WITH IDEAS FOR December 13, 2016 Page 108 FUNDING OPTIONS AND COUNTY OUTREACH TO DETERMINE THE LEVEL OF COMMUNITY SUPPORT FOR THE PROGRAM MR. OCHS: Commissioners, that moves us back to Item 10B on your agenda. This is a discussion with the Board to consider support for reestablishing funding of the Conservation Collier program. This was brought forward by Commissioner Saunders. CHAIRMAN FIALA: Do you want to introduce this? COMMISSIONER SAUNDERS: Yes, Madam Chair. Thank you. It was kind of an interesting comment that one of the gentlemen made when we were talking about the Paradise Reef. The gentleman said that he didn't want Collier County to become Miami, even though he didn't have anything negative to say about Miami. He just didn't want that to happen here. And I think that Conservation Collier is a program that can help us control some growth; more importantly, it can help us preserve natural habitat that's important for the future of this county. And the county had a very successful program that sun-setted, essentially, in 2013, I believe, so there's no tax being collected. There's no additional property being acquired. And I think that this is something that we should very seriously consider, and I would hope that the Board would give staff direction to come back, maybe the first meeting in February, for example, with a proposal on how we could put this program back together again. So I'm looking for guidance from the County Commission to direct staff to look at how we would reinstitute this program and what the process would be. CHAIRMAN FIALA: And I will call on everybody. I usually like to let everybody speak first, but I'm going to horn in. COMMISSIONER McDANIEL: You're the chair. December 13, 2016 Page 109 CHAIRMAN FIALA: And I was -- I think it's -- oh, it was a wonderful program. It was very successful, and everybody in the community wanted to be a part of it. Are we going to, again, go out to the community and have them vote for it? COMMISSIONER SAUNDERS: Well, I think that's a discussion that the commission needs to have. Legally we do not have to have a referendum, but that may be the best policy. So that's part of the process of what steps the Board should take next. CHAIRMAN FIALA: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: I had a conversation with our County Attorney, and he pretty much succinctly -- I mean, we can have this discussion right now what we want to do, because he pretty much laid it out. We can tax anyone at any time, but... MR. KLATZKOW: Well, no. You can't increase the budget at this point in time. You have your budget. You can move money around if you wanted to start the program now, or you can wait till next year and go through the budgetary process and go through it that way. It's entirely your discretion. COMMISSIONER TAYLOR: We don't have to -- we don't have to go to the voters? MR. KLATZKOW: No. My recollection was that there was a desire of the Board then to go to the voters to see if the voters wanted to tax themselves to pay for this program. And it went out as a straw ballot, which is nonbinding, and the voters said, yes, we'd like, whatever it was, a half a mill or whatever it was, to be dedicated towards this program, but that was at the pleasure of the Board. You can do that -- you set the millage rates. COMMISSIONER TAYLOR: And whether we need to even go and have a special election or anything like that, that's completely -- MR. KLATZKOW: No, no. And as you noted, there is a cost involved in sending out ballots. December 13, 2016 Page 110 COMMISSIONER TAYLOR: A lot. MR. KLATZKOW: And the next general election's not going to be for two years so that you've got a timing issue if you wanted to go to the public as far as a vote goes. There are other ways to gauge voter sentiment, but as far as voting goes, it's probably two years at best. COMMISSIONER TAYLOR: What are the other ways to gauge voters' sentiment? MR. KLATZKOW: We could do polls. I mean, we could hire somebody to do a poll of the community to see if they wanted to do it. COMMISSIONER TAYLOR: That makes a lot of sense. CHAIRMAN FIALA: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes, ma'am. And just as a point of clarification, in reading over this, didn't I see that there was -- there's already some money in that fund from before, 120-some-odd thousand dollars, if I'm not mistaken? Don't quote me on that amount. I just briefly remember that. So there is some money that's available in there for this. I would like to -- I would like to express my like for this. I think this is a really good idea, but I also think we need to communicate with the voting populous to make sure that this is something that they wish to continue. And in the event that it does continue, it's imperative that a -- that a substantive portion of the revenues generated go into maintenance first. We have -- we have a huge issue with already-owned public lands and going to be public lands that are going to be owned through the Rural Land Stewardship overlay and the severance of those development rights, and the maintenance component is a huge draw on our -- on our General Fund. CHAIRMAN FIALA: That's what that 128,000 is for, maintenance. COMMISSIONER McDANIEL: It's still sitting over there? Is December 13, 2016 Page 111 that what that was for? CHAIRMAN FIALA: (Nods head.) COMMISSIONER McDANIEL: Okay. So I'm completely in favor of this thought process, but I would like to -- my thoughts were initially designating 75 percent of the generated funds to the maintenance aspect and then phasing that down as we develop a satisfactory budget as to what those expenses, in fact, are, and then moving it backwards, and then moving the maintenance aspect of the collected funds down to allow for more revenue for additional purchases and such as we go. CHAIRMAN FIALA: Commissioner Solis? COMMISSIONER SOLIS: I agree that this is a great program that needs to be supported. During the last election, it came up quite a bit, and it seemed to me that this was something that the voters would like put to them. That was my impression. And I'd be in favor of bringing it back, but I think we need at least -- I'd be in favor of putting it to the voters to see if they want to be taxed. CHAIRMAN FIALA: Okay. We have two speakers? MR. MILLER: Yes, ma'am. Your first speaker is Meredith Barnard. She'll be followed by Nancy Payton. MS. BARNARD: Good afternoon. For the record, my name is Meredith Barnard, and I greatly appreciate the opportunity to comment today on behalf of the Conservancy of Southwest Florida and our more than 6,000 member families. The Conservancy strongly supports the re-activation of the acquisition component of Conservation Collier to acquire, protect, and manage environmentally sensitive lands. Southwest Floridians strongly support protection of wetlands and wildlife habitat through local land acquisition programs. In Lee County, votes approved the Conservancy 2020 referendum by an overwhelming 84 percent. Collier County residents understand December 13, 2016 Page 112 the value of preservation, especially in the urban areas, which was reinforced by the tremendous public support to retain the preserves intact at North Collier Regional Park and at Creekside. Collier County also demonstrated their support for conservation in 2014 with the Water and Land Conservation Amendment, which passed by nearly 75 percent of the vote. As our coastal urban areas continue to build out and redevelop, local land acquisition programs are critical for setting aside and preserving natural areas. Collier County currently has the authority to reauthorize the use of ad valorem tax funds to finance the acquisition and management of conservation lands within the county. We ask the commission to consider an annual funding model moving forward with Conservation Collier. If a referendum is pursued, the Conservancy asks that you hold the referendum during a general election year when the voters are most likely to participate. Holding the referendum in 2018 would be critical for the success of the campaign, as it would provide time to obtain polling insight, develop ballot language, as well as adequately engage the public. There are several supportive community organizations that will take a strong stance to successfully renew this critical program; however, a sufficient amount of time is needed to be allocated for those of us in the community to dedicate the time for this campaign in order to organize and implement a strategy to support the reactivation of this program. Thank you. MR. MILLER: Your next speaker and final speaker on this item is Nancy Payton. MS. PAYTON: Good afternoon. Nancy Payton representing the Florida Wildlife Federation. December 13, 2016 Page 113 Welcome, new commissioners, and thank you, Commissioner Saunders, for acting on this so quickly. I, on behalf of the Florida Wildlife Federation, were involved in both the 2002 and the 2006 referendum questions. We do not endorse or do not support waiting until 2018 to ask the voters again whether they like this program. We know they like the program just by their use of the preserves and their general interest in other conservation efforts. I think polling is kind of a neat idea, but I don't think we have to go through the incredible expense of asking voters for conservation which they overwhelmingly, repeatedly have said they support. Yes, there is a need and a role for Conservation Collier. Support -- we support looking at a broader role within its current conservation purpose, and we point to North Belle Meade in the natural resource protection area there that needs rehydration, and Golden Gate Canal diverting of water is an excellent way to get that rehydration, and it also helps Naples Bay. There are a couple of county programs that are already looking at that NRPA area, and a big hurdle has been who's going to receive the lands and manage the lands. Under the TDR program, the county would receive a management endowment for those lands. Simply buying up TDRs or stewardship credits doesn't achieve conservation goals and really doesn't achieve our growth management goals. There is a need to have a recipient for the TDR lands in the rural fringe mixed-use district. It's a county program. It's the county's obligation, from our perspective, to accept and manage those lands, and Conservation Collier is the logical recipient. Likely, you'll hear about this during the January 3rd workshop. And I want to comment about rural lands and those stewardship lands. The county will hold or does hold now the easement, but there are no financial obligations from the county to manage those lands. December 13, 2016 Page 114 Those are privately managed for conservation purposes. We support revitalizing the program and particularly looking to North Belle Meade. And if you want to retire density, you need to look at North Golden Gate Estates, the southeastern portion of Golden Gate Estates. Two county studies said that's the area where density should be removed or should be extinguished. COMMISSIONER McDANIEL: If I can -- am I allowed to offer her a little more time? MS. PAYTON: I'm almost done. COMMISSIONER McDANIEL: Okay. The Chair can. MS. PAYTON: Thank you. North Belle Meade and North Golden Gate -- CHAIRMAN FIALA: He offered you the time. I guess I didn't. MS. PAYTON: Okay. CHAIRMAN FIALA: I really would, Nancy. MS. PAYTON: Thank you. I'll be done in a second. COMMISSIONER McDANIEL: Madam Chair, forgive me. MS. PAYTON: We look forward to having a very productive positive dialogue with the county, with the commissioners, with staff, with our Conservation colleagues, landowners, developers, and, most importantly, the taxpayers. We need all at the table to make this the ongoing successful program that it is. Thank you for the extra time. CHAIRMAN FIALA: Don't leave yet, okay. So I was thinking the same thing as Nancy earlier. I hate to wait two years, because I just think that's way too long. It was so successful before. And one of the things -- one of the many things, we really did write -- we gave them a drop-dead date with this -- you know, we're only going to collect it from here to here, and we stopped when we said we would. We went back to them and said, do you want us to again, and they said yes. I think you are right, because people do want to vote on how December 13, 2016 Page 115 they're going to spend their tax dollars, but maybe there's another way rather than going to the polls or spending all of the money. We send out water bills, and so does the City of Naples, so does the City of Marco Island, so does -- they have -- now, they don't get them in Golden Gate Estates, so there would have to be a different way to reach them, but for all of the people that receive a water bill, maybe we could tuck something in there with an envelope and say, would you vote for this or against this, and, you know, let people vote that way and somehow address people that do not receive a water bill as well. Do you think that's something we could even accomplish? And I'm looking at Leo, looking at Nick, looking at George even. Can we do that? MR. OCHS: We can certainly send out something in our water bills. I don't know that we can compel the other utilities to do the same. We can ask them. CHAIRMAN FIALA: We could certainly ask them. I mean, I'm on the City of Naples water -- well, so is this government center, and -- COMMISSIONER TAYLOR: They'd do it. CHAIRMAN FIALA: I think that they would. Would you like to try something like that and see -- MS. PAYTON: We'd love to discuss it. I will remind this commission that the previous commission did impose a landscape tax and didn't go to the voters. They just did it. And I don't think -- I don't see why you can't do the same thing for Conservation Collier, particularly because there's such a positive track record. MR. OCHS: That's an option, ma'am. CHAIRMAN FIALA: So -- well, discuss it. Commissioners -- oh, I've got -- which one first, Taylor or McDaniel? COMMISSIONER TAYLOR: McDaniel. CHAIRMAN FIALA: Okay. McDaniel; Commissioner McDaniel. December 13, 2016 Page 116 COMMISSIONER McDANIEL: Yes, ma'am. I had -- the question or the suggestion I wanted to make is there -- because I concur with Commissioner Solis with regard to at least minimally vetting this with the electorate. I'm not a proponent of new taxes. This necessarily would be a new tax, so I want to go -- I want to talk to the folks that are going to actually be participatory in the process. So I would like to suggest that we explore all avenues. I mean, your idea with the water bill is a great idea, but that doesn't service a lot of the folks that live in Eastern Collier County that are on different suppliers of utilities along those lines, and a lot of the folks that live in Golden Gate Estates aren't at all. So is there a way -- and I don't know who to look for, Leo -- Leo, I'll look at you. Is there a way that we can do, short of a -- because I'm not all that thrilled with polls. Polls sometimes get a cross-section. It depends on who the polling entity is and what cross-section that they choose to poll. Is there a way that over a, relatively speaking, brief period of time, we could go out to our populous through a myriad of circumstances, or methodologies, a myriad of methodologies, and get a consensus as to whether or not this is something that's favorable? MR. OCHS: Yes, sir. I don't know how, frankly, statistically valid it would be or -- COMMISSIONER McDANIEL: Well, a simple -- MR. OCHS: -- reliable -- COMMISSIONER McDANIEL: -- on our website. We put up a -- we put up a straw poll, if you will, on the website. It's documented with email identification so we don't have as many duplications as possible, and we all advertise it as we're going on out and about, and we do it over a 90-day period, let's say, so we have all had an opportunity to travel within our community and let folks know about it, and that's one way other than that what Commissioner Fiala brought December 13, 2016 Page 117 up. MR. OCHS: It's possible, yes, sir. Again, just to remind you what the County Attorney said earlier, if you're looking to actually spend money in the current fiscal year, your budget's already set, so you're going to have to rob Peter to pay Paul if you want to do that during the current fiscal year; otherwise, when you set millage for next year, you can certainly build it into your millage rate as you did your landscape program. I don't know how soon you'd need the polling, but if you don't plan to spend funds this year, we have a little bit of time to pull that together. COMMISSIONER TAYLOR: This year meaning 2016? COMMISSIONER McDANIEL: Correct. MR. OCHS: The current FY, yes, ma'am, that ends in September 30. We could set up a polling site on the website and do some Community Outreach with Community Organizations and Civic Associations if that's what you'd like. COMMISSIONER McDANIEL: That gives you six, seven months before we have to develop the budget and have it be on there. MR. OCHS: Well, to finalize it, yes. We're going to be in front of you in February and March to seek some general guidance in preparation for the budget, but we could certainly discuss it then and build that in. The board doesn't have to make a final decision until September. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: I agree with Mrs. Payton's remarks. There's a track record here. You know, it's not our first rodeo, and there seems to be an overwhelming support to have land put into conservation. I think it's across the state, frankly. So I'm very much in support of it, and I will certainly bow to the will of this commission, but it can't happen soon enough in my December 13, 2016 Page 118 opinion. CHAIRMAN FIALA: Yeah. It sounds like we're all heading in the same direction. We just want to find out how to get to the final goal. Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you. Obviously, we're all Republicans here, and we don't like raising taxes. And I understand the desire to go to the voters to ask, because that's sort of an easy way to make a decision on something that may or may not be popular in terms of raising taxes. On the other hand, we are elected to make those types of decisions if we feel it's in the best interest of the community. And so I'd like to explore whether there's an appetite in the community via a mechanism that's been discussed, the water bills, the polling, whatever mechanisms there are, do that over the next 90 days, 120 days, and just see. And I think, in order to do that, we would have to give you some parameters on what we're talking about, we're thinking about. The current millage or the millage before was .25. Maybe that's a bit high. Maybe it should be .15. That's a decision that the Board would have to make. But I think that with the Naples Daily News and their ability to do some polling, the ability to have some forums and see what type of input we get, I think we can get a good idea of where the community is. People that are opposed to us raising taxes aren't going to be shy about telling us, so I think we'll get a good sense of where the community is by doing that short of an election. If we do it that way, then we could impose the tax during this next tax budget cycle that ends in September and have money coming in in January of -- or in 2018 as opposed to having to wait a couple of years. I think that this program will be critically important to this community going forward, and that's why I wanted to get this board December 13, 2016 Page 119 talking about it as quickly as possible with the hopes that we might be able to implement it during the 2017 budget cycle. CHAIRMAN FIALA: Commissioner Solis? COMMISSIONER SOLIS: And I agree with everything that's been said. I would just wonder if what we should consider is to ask staff to come back to us with a framework of how to best, you know, get the sense of the people as to whether or not they would want to do this understanding already that there's been a track record; I understand that. But I think asking how everybody feels about it now -- things change quickly these days -- just to make sure that that's what they want to do, but maybe staff could come back with some suggestion as to how to actually do this. For example, it occurred to me that many condominium developments, the residents don't get water bills. It's paid through the association. So I just want to make sure that however we go about this we get as -- I mean, understanding also that it's not going to be statistically perfect, but we just cover as many people as we can. Maybe we can just have an idea or a framework of what's the best way to go about this and we can then make a decision on how we want to go about it. MR. OCHS: I think that's consistent with what Commissioner Saunders started off with to come back in a reasonable amount of time with some kind of options for the Board that lays out various program parameters and then have you make some decisions on exactly what you want this to look like, level of funding, how much would go to maintenance, how much would go to acquisition so we've got something to take to the voters and ask some specific questions so we can get you good data. CHAIRMAN FIALA: I agree. Commissioner McDaniel? COMMISSIONER McDANIEL: Just one small point, and that has to do with the lands that Collier County and/or the lands that are December 13, 2016 Page 120 already owned in some form or fashion or protected by government entities along the way. We're pushing 80 percent, 78 percent. I'm sure most of you saw quite regularly Commissioner Nance's green map, and it showed the amount of lands that are already under some form of government ownership or protection along the way. The necessity for this is, by no means, deterred by the amount that's already owned, but it's important that this isn't an emergency, but there is certainly a consensus for us to move this forward and bring this process back in. CHAIRMAN FIALA: I agree. And before I call on you, Commissioner Saunders, I would like to comment also. One of the other things that we're buying land for is to preserve our future water sources along all the sloughs and so forth. We have to make sure we do that. CREW is doing that, but there's not enough done, so we also have to protect that as well, and I think we have to take that into consideration when we determine where to buy and how to buy and how much we should charge, when it starts, when it ends. There's a lot of questions to be answered before we move forward, but -- COMMISSIONER McDANIEL: How it's maintained. CHAIRMAN FIALA: Huh? COMMISSIONER McDANIEL: How it's maintained after we own it. CHAIRMAN FIALA: Right. Goodness, yes. And we've always done -- we've set aside so much every time for maintenance so that -- COMMISSIONER McDANIEL: Right. It was 15 percent in the original -- CHAIRMAN FIALA: I don't remember how much it was. MR. OCHS: Yes. COMMISSIONER McDANIEL: It was 15 percent in the original referendum that went out before, and perceptibly there are some deficits on the maintenance side that I'd like to see taken care of if we December 13, 2016 Page 121 carry this forward. CHAIRMAN FIALA: Good. Commissioner Saunders? COMMISSIONER SAUNDERS: I'd like to ask the County Attorney to distribute to all the commissioners Ordinance No. 2007-65. That's the original land-buying program, or that's the ordinance amending the land-buying program. It does point out in the ordinance that there's a 15 percent reserve for maintenance. And there was some discussion about maintenance. I think the amount of money in the fund right now for maintenance is substantially higher than the hundred thousand, but -- I don't know what the number is, but I believe it's -- COMMISSIONER McDANIEL: Hundred and twenty-eight, I think. MR. OCHS: Well, there's a fund balance of $32 million that the prior board established that could not be brought below that point so that we would be able to maintain in perpetuity the ongoing maintenance of the properties. COMMISSIONER SAUNDERS: So the good news is we're not down to $100,000 for maintenance. COMMISSIONER McDANIEL: Gotcha. COMMISSIONER SAUNDERS: We're down to 32 million perhaps. But, anyway, this ordinance will -- the 2007-65 ordinance will lay out the program for you, and this is what we would be working from in terms of making some changes to this. CHAIRMAN FIALA: Thank you for putting that correction on the table. Commissioner Taylor? COMMISSIONER TAYLOR: And just -- I'm not the current new commissioner, but I think, Commissioner Fiala, you and I both received information from Duke Vasey with an organization which name escapes me, and there is a mathematical formula that's proven of December 13, 2016 Page 122 how to determine what you need to put aside for maintenance going forward in perpetuity. So I'm -- this is a wonderful, wonderful discussion that the community will get involved in, and I don't think we're going to be flying as blind as we were before. CHAIRMAN FIALA: Maybe at each meeting, as we come up, we can discuss this topic, so when the staff comes back to us in January with -- I'm not speaking into my microphone. Sorry about that, Phil. When the staff comes back and gives us recommendations to some of the things that we've discussed today, and then we can discuss that again at that time and either move forward in some directions and adjust a few others; at least we can start. This is a starting point. Thank you, Commissioner Saunders, for doing that. And so do you feel that that's what we should do? Now, I mean, I just want to make sure I'm not just jumping to conclusions. COMMISSIONER TAYLOR: Let's make a motion. COMMISSIONER McDANIEL: Do you want to let Burt do it? COMMISSIONER TAYLOR: Commissioner Saunders, do you want to make the motion? COMMISSIONER SAUNDERS: All right. Correct me where I'm wrong in this motion, but the effort is to direct staff to come back to the County Commission in January with some recommendations on how to gauge public support for a renewal of the Conservation Collier land-buying program. As part of that process, the County Commission will be making some policy decisions, for example, the millage rate, whether it's .25 or .15. And so we'll try to make those decisions in January when the manager comes back with those recommendations. COMMISSIONER McDANIEL: Second -- second. CHAIRMAN FIALA: Okay. All in favor? COMMISSIONER McDANIEL: Aye. December 13, 2016 Page 123 COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Now, you know what, we can also, if we have any ways of communicating with the public on our email list or anything, we can let them know what we're about to move forward on and just test the waters there a little bit, too. COMMISSIONER TAYLOR: Yep. CHAIRMAN FIALA: Yeah. I have about a thousand people on my tidbit list, and so that's a good way to judge it. And then I give county town hall meetings in two places, so I can -- I can mention it at both of those. And I'm just sure it's going to be just like we feel. I mean, people really like that. So, anyway. Nancy, thanks. MS. PAYTON: Thank you. CHAIRMAN FIALA: You've always been a joy to work with. Bless your heart. Okay. Let's move on. COMMISSIONER McDANIEL: Bless your heart. Item #10C THE BOARD OF COUNTY COMMISSIONERS (BOARD) CONCERNING THE COLLECTION OF DATA AND ANALYSIS FOR THE FUTURE ESTABLISHMENT OF A BUSINESS AND REGULATORY OMBUDSMAN TO STREAMLINE RULES, ZONING REGULATIONS, ORDINANCES AND POLICIES SUPPORTING ENTREPRENEURSHIP AND BUSINESS December 13, 2016 Page 124 GROWTH IN COLLIER COUNTY – DISCUSSED MR. OCHS: Madam Chair, that takes us to Item 10C. This is a discussion with the Board concerning collection of data and analysis for the future establishment of a business and regulatory ombudsman. This items was brought forward by Commissioner Saunders. COMMISSIONER SAUNDERS: All right. COMMISSIONER McDANIEL: You have to hit your button. CHAIRMAN FIALA: No. Whenever you bring one forward, it would be good for you to start. COMMISSIONER SAUNDERS: Okay. This is sort of a pet project of mine. And I'm not sure exactly where to go with it, but let me give you a little bit of a general idea. We've been talking in Collier County for 20 years on making Collier County more business friendly, making Collier County more competitive with our neighboring communities in terms of attracting new businesses. I know Andy Solis has been very involved, as the entire board has been, in economic development issues. And one of the things that I've heard literally for decades is that there are a lot of stumbling blocks through the county process. Even in this last campaign, I talked to many business folks and developers that had no problem in complying with the regulations, but there were so many regulations that made no sense that required additional time, additional funds, the hiring of experts to just navigate the system. And we also all talk about the fact that the citizens of Collier County are our customers, and we should treat them as our customers. There are communities around the country now that are trying to reinvent the way they do business and try to become more business friendly, more friendly with the customers. And so, for example, there's some communities where, if someone comes in to apply for some type of a project, there's an individual that that person is kind of December 13, 2016 Page 125 assigned to who helps navigate through the county or city systems to help expedite their approval process. You can see that at as nearby as the city of Gainesville, as an example. And you can Google that, and there's some interesting things that they're trying to do there to make their community more friendly to their customers. And that's what I'd like to see happen here in Collier County. So I came up with the idea of creating a regulatory and business ombudsman who would be the person that if a businessman has a problem with some regulation, he goes to the ombudsman, and the ombudsman comes to us as a representative of the business person to explain what the problem is, and we can direct staff to make the changes in the ordinances on eliminate those types of pitfalls or problems. And that was just a starting point. I was just trying to come up with a way to start the process of making Collier County more business friendly. That certainly isn't the end game. It's just a thought. So what I wanted to do today is see if the commission had an appetite for trying to come up with a way to improve the business climate, improve the regulatory climate, help the applicants through the process as customers as opposed to "we versus them." And if the commission is interested in that, then I would take the lead in terms of trying to come up with some additional information. I would, perhaps, recommend to the Board the creation of a citizens committee with people who have done this type of business before, this type of work before, to try to guide us on how we can re-invent what we're doing. This is something that will take a long time. This is not a two- or three- or six-month endeavor. It's probably a year or two, but it's something I'd like to get the commission to think about. And if there's an interest, then I'm willing to take the lead and try to make something happen with this. December 13, 2016 Page 126 CHAIRMAN FIALA: Did you know we already have a couple ombudsmen? COMMISSIONER SAUNDERS: No, I did not. CHAIRMAN FIALA: Yeah. And they -- I use them all the time; that's how I know. And whenever I get a call something is hung up or whatever, I immediately call Mike Levy or I call Claudine Auclair, and they search it out, and they have an answer for me. Many times we've had, you know, somebody so perplexed they want to tear their hair out. And they can't get their permit, they can't get their permit. They can't move on. And I call them, and here their engineer firm has told them that they submitted it, but they forgot to submit it. And it's -- you've run into that, too. COMMISSIONER TAYLOR: Absolutely. CHAIRMAN FIALA: Over and over again, but they've never going to say, well, I didn't do my job. It's always going to be "the county didn't." COMMISSIONER TAYLOR: The county. CHAIRMAN FIALA: That's a regular thing that happens. Commissioner Taylor has also witnessed that same thing. We've put a policy in place to turn around permits in five days, and it's been operating well for us; meanwhile, we've reached out into the business community. Not only the chamber of commerce to work closely with us, especially on economic development things, but also business and in general. We work very closely with CBIA. They always are here, and they guide us all along, and we check with them constantly to see if they're doing -- you know, if we're doing -- they're bidding. Meanwhile we have the DSAC, and DSAC is here and is comprised only of the development community and, you know, I think Bill Varian's been there before we invented dirt or something, you know; he's been there forever. December 13, 2016 Page 127 But, anyway, they all work together to get this process done. If we ever see anything where a shoe has dropped and nobody has picked that thing up -- well, usually somebody's calling one of our offices -- and we report that, and it's fixed almost immediately. So I haven't -- to be honest with you, I feel proud of what we've done. I'm not quite sure. You had mentioned here something about existing regulations create costly expansion requirements resulting in the loss of business, diversity, and good-paying jobs, and I wasn't quite sure if you could give me an example of what regulations you are talking about. COMMISSIONER SAUNDERS: You know, off the top of my head, I'm not going to be able to give you a specific. I did talk to some business folks this summer that had general issues, some dealing with architectural design issues that were not structural but were purely, you know, appearance oriented. And then a lot of issues, a lot of developers having some issues with navigating through just the county bureaucracy. And one of the examples was simply -- and I can't give you the specifics of it, but, you know, there would be an application, and then an issue would arise, two weeks later they'd be back but they'd be talking to somebody else, and then they'd have to start, kind of, the explanation process over again. So what I was thinking in terms of -- and, you know, if the commission is of the opinion that everything is fine, then that's okay, you know. If the job's been completed, then there's nothing for us to talk about. But I did talk to the Chamber of Commerce this summer and the Collier Building Industry Association this summer about this ombudsman issue, and both entities had indicated that this would be something that they'd like to see. The new CEO at the Chamber of Commerce had indicated that he was in a community or knew of a community that did something like this, that it was rather successful, and that they thought that this would December 13, 2016 Page 128 be a good idea. Now, I may be putting words into his mouth, and that's probably not fair, because it was during the summer, and it was during the campaign. So my understanding is that there are significant issues out there and that we can improve processes and the way we operate. And that's the purpose of this, to try to get that started. CHAIRMAN FIALA: Uh-huh. You mean hire another ombudsman over the ones we have or -- COMMISSIONER SAUNDERS: Well, not necessarily. CHAIRMAN FIALA: You know, maybe it just needs to be known in more places. Possibly whomever you spoke to is not familiar or had never asked or something. You know, I know right where to go, but naturally I would, you know; I'm here. And I thought, you know, with CBIA -- we've worked so well with them that I thought they would spread that word to everybody, but possibly they didn't. Who at CBIA? COMMISSIONER SAUNDERS: Just folks that I spoke to during the campaign. I'm not going to get into that sort of -- CHAIRMAN FIALA: Okay. That's fine. I don't blame you with that. I'm sorry, I didn't -- that wasn't -- COMMISSIONER SAUNDERS: That's not fair to them. CHAIRMAN FIALA: That was not right of me to ask that. I just thought, so who doesn't know about this but, you know, that's right. And, of course, DSAC -- and you know that we have that for ever so long. You were here when we had DSAC, weren't you? COMMISSIONER SAUNDERS: I don't know that. CHAIRMAN FIALA: Oh, okay. Okay, fine. And so development services. Yeah. COMMISSIONER SOLIS: Advisory committee. CHAIRMAN FIALA: Yeah. And so I hate to create something that we've already got in place, but -- well, Commissioner Taylor. December 13, 2016 Page 129 COMMISSIONER TAYLOR: Well, with the County Manager's indulgence, I'd like to bring Jamie French up here. I sat next to him in the CBIA meeting, and he explained in detail what his department does, and it's pretty darn impressive. MR. FRENCH: Good morning, or good afternoon. My name's Jamie French. I'm the Deputy Department Head for the Growth Management Department. Congratulations to our new commissioners. We look forward to serving you. Thank you. I will tell you that it has truly been an honor to work with this board and the previous board as well as the County Manager's Office primarily because in 2010 they challenged us. Collier was known -- and you're talking to somebody that grew up here. Collier was known as a place that was not very business friendly, and you couldn't get a permit. We struggled. There was a great deal of bureaucracy, and we found it. And so under Nick Casalanguida's leadership, Nick and I teamed up and we went back through and we sat with our client. Commissioner Sanders is absolutely right, they are our client. Without their business we don't exist. We are a 100 percent enterprise-funded operation. And so when we went back and we suffered through the recession, we let people go. As Commissioner Fiala's indicated, we do have a number of ombudsmen that exist within our organization that are paid for, not by taxpayer dollars, but by permitting dollars, that will handhold not only the mom and pop but also the professional developer that may be new to town. We do offer a 5-, 10- and 15-day money-back guarantee turnaround time on our building permits; 5-day for all single trade, commercial, and all single-family home no matter what the trade is or how complex it is; 10-day for two-trade commercial and three or more trades, which if you're building a Ritz-Carlton, say, a $45 million December 13, 2016 Page 130 remodel that got done in 66 days, the fastest in the history of any Ritz-Carlton in the world, we're pretty proud of that. So it does require a great deal of communication. Clearly, there are some things that fall between the cracks. We concentrate on customer service. We're a very customer-service oriented business. We recognize that. We're competing for those clients to come to our community. We recognize that it creates a tax base as well as demand, and so we encourage your feedback often either through the County Manager's Office or through one of our ombudsmen, and we'd love to be able to team up. And if you're hearing of anything individually, please let us know, because if one thing we do is we measure, and we can't manage what we don't measure, and if the measurement's bad, then we can't fix it unless we know about it. So I know that we've had a number of significant improvements. I've been very fortunate to be recognized individually as well as with the County Manager's agency for some of the improvements that we've made, and we encourage any feedback. COMMISSIONER TAYLOR: And I know that I've had, you know, panic time, how can we get this thing through, and we have to get it through, and I make a phone call, and it's five people solving the problem. Jamie is unbelievably responsive. He drops everything, and then he keeps everything going on the side to address these issues. COMMISSIONER SAUNDERS: Very good. COMMISSIONER TAYLOR: And, you know, I've been impressed because there is -- if other things come up that may be not as pressing, you have this AIMS network where you basically -- it's tracked. There's a complaint. How many days, and it's tracked. There's no, oh, I thought I took care of it. It's tracked so you know what's going on. December 13, 2016 Page 131 I've been so impressed, because this is a billion-dollar corporation, and how you do business, it's just getting better and better. MR. FRENCH: Also one of the things that I bring up is that the Board of County Commissioners, they did pass a fast-track resolution that was updated that allows for the County Manager or his designee -- if a project has been identified by our economic development staff as well as by the chamber, the County Manager has the ability to assign me to go ahead and make sure that we use either overtime or contract services to allow for an expedited review without, of course, making our other clients suffer, so we would still hit our target times. And, by the way, Commissioners, we have -- since 2010, since this policy was implemented, we have never refunded any money. COMMISSIONER TAYLOR: Wow. Wow. (Applause.) CHAIRMAN FIALA: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And, Jamie -- you know I know what he does. I've been doing business with our community for a millennia. And, Commissioner Saunders, I want to commend you for bringing this forward. There is -- there are still -- there is still room for improvement within our government systems. One of the things -- and I learned this as well on the campaign trail as we were going, a lot of the issues that we have are systematic issues and subtle adjustments to our systems and how we effectuate how we do business all day every day. I was saddened -- at one time we used to have a productivity committee, and I had actually talked to some folks along the way about reigniting the productivity committee to bring that back as an addition to the DSAC. I actually have the DSAC here in my notes, and the CBIA folks as well. I do quite a bit of business with them as well. December 13, 2016 Page 132 I might make a -- and I'm quite pleased to hear that we're not looking to grow government. I had interpreted this item as an opportunity to hire an additional employee, and we necessarily already have two. I think that maybe we could ask staff on a regular basis, maybe quarterly, to have a discussion, brief discussion and/or a report that can be included in our board report as to what systematic adjustments we have effectuated from the staff level and then ultimately brought to the Board, because a lot of regulations and things that we have are somewhat onerous -- but if we had some statistical data that we could bring back and allow for a period of time for this new board to take hold. I think there's already been a shift that's transpired here with this new board, again, just to initiate communication with the general populous. And I think allowing us an opportunity as a board to function, having these -- having these opportunities along the way. Second to that, a large portion of the issues that we have as a government entity -- and you know this, Mr. French, all too well, are put upon us by the federal and the state as statutory regulations and federal regulations that impose burdens on the general populous in order to get through. So I would like to actually add to that along those lines and start working on those things at both a federal and state level to assist you in doing the already admirable job that you're doing. MR. FRENCH: Thank you. I might add one more thing after speaking with Mr. Wilkison is we actually sit down with all of our industry partners, and we consider them partners, because we co-exist. We've recently sat down with the development industry on the land use side for the site civil work as well as those that have to navigate through our Land Development Codes as well as through our zoning ordinances, and I will tell you that the two biggest complaints, so you December 13, 2016 Page 133 know, is, of course, time. And there are certain state requirements, especially when you're moving forward with zoning actions, but as a board, you have adjusted your schedules as well as addressed this through your Hearing Examiner's office, site plan with deviations. These are a number of things that have come forward, especially from the architectural perspective, which were recently passed and questioned, I might add, by this board to hold us accountable to make sure that we don't sacrifice the curbside appeal of any structure or development that goes in. But our feedback primarily was time, and we've actually adjusted some staff reporting assignments. Recently, at the County Manager's approval, the zoning staff now reports up through me along with the Land Development/Site Development Plan staff and the building staff and Code Enforcement. So we're working very closely with those groups to create a great deal of harmony because years ago there were silos. So -- and that was one of the things identified by the industry. So we are having regular meetings with them, and we participate with them often. COMMISSIONER TAYLOR: And, Mr. French, would you please explain what -- who sits next to the building department on Horseshoe Drive? Fire? MR. FRENCH: That would -- well, fire and my office, so -- the two of us. And fire sits in between myself and the building department. And we've got some wonderful partnerships with both our friends at Greater Naples as well as with North Naples, and they both work together in a very large room. Well, it's small now. But I'll tell you, our fire plan review, for instance, went from about 45 to 60 days; both land and building were down to somewhere between four and 10 days. CHAIRMAN FIALA: Oh, and that was really a nemesis, wasn't December 13, 2016 Page 134 it? COMMISSIONER TAYLOR: Wasn't it? I mean, that's just -- COMMISSIONER McDANIEL: And that's part of the statutory regulations as well because they're a separate district with their own rules. CHAIRMAN FIALA: And I know they would always say the county was holding them up. COMMISSIONER TAYLOR: Yes. CHAIRMAN FIALA: It was always fire -- COMMISSIONER McDANIEL: Well, we're all government. CHAIRMAN FIALA: -- control, yeah. Okay. Let's see. Next we have Commissioner Solis. COMMISSIONER SOLIS: Well, my question was actually answered. I wanted to hear about the fast-track ordinance, because I know that that came recently, right, that it was -- MR. OCHS: Yes, sir. COMMISSIONER SOLIS: -- that it was amended? I think that is a huge step for us, certainly on the economic development side. But the news of the decrease in the time for the fire inspections and the fire approvals and all that, that is huge. Because I know over the years the client getting stuck in this loop of comments and back and forth and that process, taking six weeks or more, was one of the major complaints I always heard. So I commend you and your staff on that. That's a huge win, I think, for the county. So a job well done. Thank you. CHAIRMAN FIALA: Thank you. And, Commissioner Saunders? COMMISSIONER SAUNDERS: Yeah. Just to wrap up, then. I'm pleased to hear the progress. And I guess the message -- and I think everyone on the Commission has basically said that, you know, this type of progress is important. I think there's been a lot of kudos in December 13, 2016 Page 135 terms of improvements over the years. And as long as the business community is satisfied and, apparently, from what you've said, that they are, then there's no need to go any further with this. But I think the message from all of us is that we want to make sure that applicants are treated as customers and that the unnecessary steps, you'll continue to eliminate those if you find any additional ones. So I appreciate all of the conversation. And, Commissioner McDaniel, the Productivity Committee, just a little bit of quick history. When I was on the commission a long, long time ago, I created the Productivity Committee. That would have been, like, 1988 -- COMMISSIONER McDANIEL: That's nice. COMMISSIONER SAUNDERS: -- time frame. And the purpose of it was to have every department of county government evaluated by a group of individuals that had accounting and government experience just to make sure that everything was done as efficiently as possible and that all the programs in those departments were done properly. And I'd actually thought about trying to reconstitute that at some point. So that will -- that may be something that we can talk about down the road. COMMISSIONER McDANIEL: Well, if I'm allowed to work with them, I'll work with them. I like the idea. COMMISSIONER TAYLOR: You can't work with them. COMMISSIONER McDANIEL: And, Madam Chairman, I did hit my light, so I'm allowed to talk now. CHAIRMAN FIALA: Oh, I'm sorry. COMMISSIONER McDANIEL: I just would like to -- CHAIRMAN FIALA: The light of my life. Let me just call on him. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I would like just to say -- and I'd like to echo those thoughts, Commissioner Saunders, December 13, 2016 Page 136 with regard to that. One of the things that I've seen in my time here at Collier County and the prior boards, not all of the prior boards, but there's been a propensity for micromanagement, and then not taking creed and heedance from very learned -- we have an unbelievably learned general populous that are out there that are more than willing to dedicate their time, their energy, their knowledge, their expertise, and give advice to this board that was regularly not taken and not implemented, and that's going back around to what I said before. I think giving this board a little bit of time, I would like to -- I would like to welcome the general public, whoever's looking right now, to initiate suggestions as to how we can better effectuate our systems and operations along the way. And if the Productivity Committee is, in fact, an idea that we all like at some stage, let's bring them on. There's a lot of people that are here that are members of our community that have expertise and knowledge from a lot of different industries that can add to what we're already doing. CHAIRMAN FIALA: It became somewhat of a budget committee after a while. You remember? COMMISSIONER McDANIEL: Yes. CHAIRMAN FIALA: It kind of deteriorated to not the Productivity Committee anymore -- I'm sorry, Phil -- but actually to a budget committee, and possibly that's why it deteriorated, I don't know. But I think it's a good idea to see it coming forward again. COMMISSIONER McDANIEL: Well, you know, just to spur communication, I remember I chaired up the East of 951 Horizon Study back in '06, and Mr. Bosi was our liaison with staff. And we went through, departmentally, every department that Collier County has. And the single communal factor that we found going across the board was the left hand didn't talk to the right on a regular basis. December 13, 2016 Page 137 Simple things, Jamie, like what you brought up with you drawing the fire department into the process. We weren't -- we were doing an SDP, and we weren't engaging the fire department as to the size of the queues so that the fire trucks could get through in an amicable manner. So I don't want to belabor the point, but I'm liking what we have going on. CHAIRMAN FIALA: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: Well, I'll just sort of finish it by saying -- and I kind of got a sneak preview, if ever so slight, about January 3rd's meeting about strategic planning, and I think then our new commissioners are going to get a very clear idea of what this government in Collier County stands for. CHAIRMAN FIALA: Oh, I want to hear that sneak preview, too. COMMISSIONER McDANIEL: You ought to share. CHAIRMAN FIALA: Okay. So then did you want to just -- what did you want to do with this subject? COMMISSIONER SAUNDERS: I was going to just close the file, and if I hear of any complaints or if the CBIA or Chamber of Commerce have anything that they want to do in reference to it, I'm sure we'll hear from them. CHAIRMAN FIALA: See that guy? Get his phone number. COMMISSIONER SAUNDERS: I have his phone number. I've called him many times. CHAIRMAN FIALA: Okay, good. Well, he'll take care of it for you. MR. FRENCH: Please feel free to continue to contact us. And I'd be remiss if I didn't also include our partnership with the County Attorney's Office. CHAIRMAN FIALA: Great. MR. FRENCH: They've really helped us out a great deal in the community, so thank you all very much. December 13, 2016 Page 138 CHAIRMAN FIALA: Thank you, Jamie. Great presentation. Okay. Let's see. Moving on here. MR. OCHS: Yes, ma'am. Item #11B AWARD CONTRACT #16-7018, LOGAN BOULEVARD EXTENSION FROM AZALEA DRIVE TO THE LEE COUNTY LINE, TO BONNESS, INC., IN THE AMOUNT OF $4,444,063.00, PROJECT NO. 33464 – APPROVED MR. OCHS: The next item on your agenda is Item 11B, and this is a recommendation to award a construction contract for the Logan Boulevard extension to Bonness, Incorporated, in the amount of $4,444,063. It's the lowest responsive bidder. Mr. Jay Ahmad can make the presentation or respond to commissioner questions at the pleasure of the Board. MR. AHMAD: Good afternoon. I'm Jay Ahmad, your Division Director of Transportation Engineering, and I wish to welcome all our new commissioners, and please call on me if I can be of any service to our folks, your constituents, and to yourselves. MR. OCHS: Commissioners, would you like a presentation on this, or do you want to go to questions? We're happy to go through the staff presentation if you'd like. COMMISSIONER TAYLOR: I'd like to make a motion to approve this. It is essential. It's in our transportation network. I understand the concerns that we certainly have received through email, but this needs to be done. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER McDANIEL: I'll second it for purpose of discussion. December 13, 2016 Page 139 CHAIRMAN FIALA: Okay. I've got a motion and a second. Any speaking of discussion, you're up. COMMISSIONER McDANIEL: I am up; yep, I hit the button at the same time. I am in support of this extension. It's been on the books for quite some time. We've had long, long discussions through the years clear back in the East of 951 Horizon days. It has been brought to my attention and it is imperative that staff is aware that we need to be cognizant of the impacts that come from this extension going through. There are going to be increases in traffic. I would like -- I would like some definitive plans as to how we're going to enhance our efforts with the Sheriff's Department to maintain speed controls along that section along with the residential area of Logan Woods Estates. That's a two-lane highway system at this particular stage of the game. And then we also have an issue with access comes not-so-nice people. And, again, it mostly revolves around our efforts to cooperate with our Sheriff's Department for the health, safety, and welfare of the residents that are impacted. There are several subdivisions along that route that are going to have additional access both to and through, and I want to make sure that we are cognizant of the issues that arise from decisions such as this and that we work with our Sheriff's Department to enhance the health, safety, and welfare of the folks that are impacted by this. Secondly, I would like to say, if there's at all possible, I would like to defer the four-laning of Logan Boulevard, although I know we have the right-of-way along the way. But I would like that to not be pushed forward anytime soon. I don't know if I can do that or not. CHAIRMAN FIALA: I don't know. Why would you -- why would you want to do that? COMMISSIONER McDANIEL: I wouldn't want to do that. December 13, 2016 Page 140 CHAIRMAN FIALA: Why wouldn't you -- why would you want to stop the four-laning when we'd have to go back and do it anyway? COMMISSIONER McDANIEL: Well, we're not four-laning it right now. We're just opening it up as an access. MR. OCHS: Jay? You want to clarify? MR. AHMAD: Yes. The roadway that we're building is a two-lane roadway in a 70-foot, 80-foot right-of-way. In the south end it's 70 foot. North is 80 foot. There is no plans to four-lane this section. COMMISSIONER McDANIEL: Correct. I didn't mean to insinuate that there were. I wanted to say out loud that it would be my preference that we not do that anytime soon. MR. AHMAD: Yes, sir. COMMISSIONER McDANIEL: Yes, sir. CHAIRMAN FIALA: Oh. I didn't understand you. I'm sorry. COMMISSIONER McDANIEL: That's okay. Sometimes I'm not as clear as I need to be. CHAIRMAN FIALA: You are. Troy, we have no speakers? MR. MILLER: No, ma'am. CHAIRMAN FIALA: Okay. So do we have any other comments? Does anybody want to make a motion? COMMISSIONER McDANIEL: It's been made and seconded. CHAIRMAN FIALA: Oh, did you? COMMISSIONER TAYLOR: I made it. CHAIRMAN FIALA: Oh, I'm so sorry. COMMISSIONER TAYLOR: No, that's quite all right. CHAIRMAN FIALA: I fell asleep at the wheel. COMMISSIONER TAYLOR: That's all right. It's late in the afternoon. CHAIRMAN FIALA: Any comments? (No response.) December 13, 2016 Page 141 CHAIRMAN FIALA: All those in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: And opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you very much. Moving on. Item #11C AMENDMENT NO. 1 TO AGREEMENT #15-6447 WITH KELLY BROTHERS, INC. (AND CORRESPONDING DEDUCTIVE CHANGE ORDER NO. 4), RESULTING FROM A COST SAVING INITIATIVE (CSI) PROPOSAL FROM THE CONTRACTOR REDUCING THE CONTRACT AMOUNT BY $545,190.19 FOR THE CONSTRUCTION OF THE CHOKOLOSKEE BRIDGE, PROJECT NO. 66066.9 – APPROVED MR. OCHS: Item 11C is a recommendation to approve an amendment and a change order for a cost savings initiative proposal from the contractor reducing the contract amount to the county by $545,190.19 for the construction of the Chokoloskee bridge. Mr. Wilkison make the presentation. CHAIRMAN FIALA: This is so impressive, really. MR. WILKISON: Good afternoon, Commissioners. For the record, David Wilkison, Growth Management Department Head. I can make a presentation about the cost-savings initiative, or I can answer any questions you may have. COMMISSIONER McDANIEL: I'll move for approval. December 13, 2016 Page 142 COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. Motion and approve -- and second for the approval of. Any other comments? (No response.) CHAIRMAN FIALA: I see no speakers are there. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay. That was a great presentation, David. COMMISSIONER McDANIEL: Yes, David. You did very well. COMMISSIONER TAYLOR: Well done. Item #11D AWARD BID #16-6688, “NORTHEAST RECYCLING DROP-OFF CENTER,” TO WRIGHT CONSTRUCTION GROUP IN THE AMOUNT OF $7,300,141 FOR CONSTRUCTION OF THE NORTHEAST RECYCLING DROP-OFF CENTER, PROJECT NUMBER 59009 – APPROVED MR. OCHS: 11D is a recommendation to award a construction bid for the Northeast Recycling Drop-off Center to Wright Construction Group in the amount of $7,300,141. Mr. Dan Rodriguez, your Solid and Hazardous Waste Management Division Director, will present. Dan? December 13, 2016 Page 143 MR. RODRIGUEZ: Thank you, Leo. Good afternoon, Commissioners. For the record, Dan Rodriguez, your Solid and Hazardous Waste Management Division Director. We're prepared to make a presentation or answer your questions as you wish, Madam Chair. CHAIRMAN FIALA: I'm going to just step in, because I don't know how many of you have been to a recycling plant -- being that this is our first meeting, you know, I'm doing more explanation than I really should. But I just -- I challenge you, anyone, to go to one of these recycling plants. I've taken tours on them over and over again just about every year. They are so clean you could eat off the floors of them. There's no odor, no nothing. COMMISSIONER TAYLOR: No odor. CHAIRMAN FIALA: They're just magnificent. With that, I want to make a motion, but I see a light is on now. COMMISSIONER TAYLOR: Oh, no, no. Make your motion. CHAIRMAN FIALA: Oh, I make the motion to approve. COMMISSIONER TAYLOR: I'll second it. CHAIRMAN FIALA: Okay. Great job. COMMISSIONER TAYLOR: So I want to know whether this is strictly drop off or are you going to run curbside from this center, too? It's strictly drop off? MR. RODRIGUEZ: Yes, Commissioner Taylor. It's strictly a drop off, and then we package it, and then it's shipped out, most of the materials shipped out within the same week; absolutely. COMMISSIONER TAYLOR: Okay. Yeah. I echo our chairman's comments on how extraordinary you -- I mean, people say, what are you talking about, it's recycle? Come on, you know. You -- see it is to believe it, and it's un -- it's just extraordinary what you've done, and I hope all of our commissioners have an opportunity to go to the landfill December 13, 2016 Page 144 because that's where it really -- CHAIRMAN FIALA: Oh, isn't that something? COMMISSIONER TAYLOR: I know. CHAIRMAN FIALA: I've taken a busload of people up there, and they didn't want to get out of the bus because they knew it was going to smell. I can't stand the smell of garage. I said, well, just come on out. And they said, no, I don't want to. And the people go outside, and they'll say come on out. They're standing there right on the next hill looking at the one that's being worked right there, and there's no odor. It's -- it is amazing what happens in our Solid Waste Department. I'm just so proud of it. COMMISSIONER TAYLOR: And the garbage is being mined for gas. I mean, that in itself is -- CHAIRMAN FIALA: And then what do they do with that gas? COMMISSIONER TAYLOR: They fuel our Waste Management trucks. CHAIRMAN FIALA: Yes. They burn it off for electricity; yes. That's right. MR. RODRIGUEZ: Well, thank you -- CHAIRMAN FIALA: Listen to me. We sound awfully proud. MR. RODRIGUEZ: -- Commissioner Fiala and Taylor. And it truly is a team effort, but it starts with direction from the Board, a good-neighbor policy to ensure that we -- COMMISSIONER TAYLOR: Uh-uh, no, sir, no, sir. This is all on your shoulders. Yours and Dr. George. There's no way in the world in my wildest dreams that I would ever say what I'm dreaming of is to go to a landfill and have no odor. I mean, it's a miracle today, it really is, what you've done there. It's really to be applauded. MR. RODRIGUEZ: Thank you. Thank you, Commissioner. CHAIRMAN FIALA: Okay. So now, let's see, was it McDaniel or Solis? December 13, 2016 Page 145 COMMISSIONER McDANIEL: I think Solis was first. CHAIRMAN FIALA: Okay. Solis. I'm sorry I said Solis. COMMISSIONER SOLIS: And I'm just going to add to what everyone's already said; the job that you're doing with the landfill amazes me. I learn something new every day. Today I learned that the reefs from the Paradise Reef project was all material that came out of the landfill. I mean, we're turning material from our landfill into reefs. I mean, it's -- COMMISSIONER McDANIEL: Habitat from old habitats. COMMISSIONER SOLIS: Right. It is impressive. I mean, from the mining of the gas, the reclamation of, I think, lead and other metals out of the landfill. What a great job you're doing. That's all I can say. Thank you very much. CHAIRMAN FIALA: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And I am in support of the project by no means, but I just wanted to ask Dan about the public outreach that went into this because of the location with regard to the neighbors and the folks that are out there. Did you have much communication with those folks? MR. RODRIGUEZ: Absolutely, Commissioner McDaniel. We started planning on this project probably over six years ago, and through neighborhood information meetings, which we did about two years ago, we did two of them at the ag center, we advertised the notices for the meetings. We also met with specific homeowners associations out there near Orangetree and, also, we made presentations to the Golden Gate Civic Association as well. COMMISSIONER McDANIEL: Okay. MR. RODRIGUEZ: And we were well received, and I don't recall one complaint or objection to it, and they thought it would be a great service to the community. COMMISSIONER McDANIEL: Outstanding. December 13, 2016 Page 146 CHAIRMAN FIALA: Okay. So we have a motion and a second. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Moving on. Thank you. Item #11E A THREE YEAR MICROSOFT ENTERPRISE AGREEMENT FROM SHI INTERNATIONAL CORPORATION FOR MICROSOFT SOFTWARE AND LICENSES IN THE ESTIMATED AMOUNT OF $1,860,000 AND AUTHORIZE ADDITIONAL SOFTWARE AND LICENSE PURCHASES FOR THE TERM OF THIS AGREEMENT UTILIZING THE STATE OF FLORIDA CONTRACT #43230000-15-02 THROUGH THE ISSUANCE OF A COLLIER COUNTY PURCHASE ORDER – APPROVED MR. OCHS: Commissioners, Item 11E is a recommendation to authorize a three-year Microsoft Enterprise Agreement from SHI International Corporation for Microsoft software and licenses for the County Manager and the board agency in the amount of $1,860,000. COMMISSIONER TAYLOR: Move approval. COMMISSIONER SAUNDERS: Second. COMMISSIONER McDANIEL: Second -- third. MR. KLATZKOW: That's all you need. December 13, 2016 Page 147 CHAIRMAN FIALA: And no speakers, I see. No questions from commissioners. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. MR. OCHS: Thank you, Mike. CHAIRMAN FIALA: Another great presentation, Mike. MR. OCHS: Doing great today. Item #11F DIRECT STAFF TO AMEND, AS NEEDED, THE “CONSTRUCTION STANDARDS HANDBOOK FOR WORK WITHIN THE RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA” AND LAND DEVELOPMENT CODE SECTION 5.05.09 COMMUNICATION TOWERS, TO UPDATE THE STANDARDS FOR COMMUNICATION TOWERS LOCATED IN THE COUNTY’S RIGHT-OF-WAYS – APPROVED MR. OCHS: That takes us to Item 11F, which was previously Item 16A37 that was moved to the regular agenda at Commissioner Fiala's request. This was a recommendation to direct the staff to amend, as needed, the Construction Standards Handbook for work within the right-of-way in Collier County and related Land Development Codes specifically to review the Land Development December 13, 2016 Page 148 Code sections relating to communications towers and to update those standards for towers located in the county's right-of-way. And Ms. Caroline Cilek is here to add a little bit more detail and answer Commissioner Fiala's questions. CHAIRMAN FIALA: Yeah. You know what, I just want to tell you that I just got back from the FAC conference, Florida Association of Counties conference, and I just wanted to put this on the record. I don't have any problems with it if any of the other commissioners don't either. It was a lot of talk. They gave a big presentation on new cell phone companies now, and there was one giving his presentation about how great it is to put it in public right-of-way. And we discussed it. And it was interesting, the guy that was trying to sell us on the public right-of-way. Then other commissioners from around the state of Florida said, so in other words you don't pay for any of the land. We pay for the land, and you give us a little rent to put something on there. What happens if somebody hits that telephone pole and somebody is injured; who pays for it? You know, do you share in the cost of the insurance? How does that go? Others then were saying that they've also been approached -- I guess there's a big effort for the state of Florida to get everybody to put their cell phones in the right-of-way because it will cost them -- the cell phone companies less money. Then they said, well, what it does was it took away all of the cell phone towers, and they said, that's a great thing. But, you know, we've just got one circling around right now. I don't think it's new to everybody, but in the Triangle there was a building that was going to be 14 stories high. We asked for 10 extra feet because now we can put all the cell phone apparatus on the top of that and take away the 196-foot tower instead. And people up in -- at the FAC conference were very impressed. December 13, 2016 Page 149 We ought to be doing that, too. So I'm thinking, I don't know if we're rushing into this or not. I don't know if we need to do this or not. So maybe when you're writing it up, you could take into consideration that, you know, as long as they're going to get something for free or practically nothing, they're going to take that rather than take something that's a little more expensive, yet they sure make plenty of money on it. Okay. That's my comment. MR. KLATZKOW: Commissioner, if I may, because I sort of, like, pushed staff on this one. CHAIRMAN FIALA: Oh. MR. KLATZKOW: We've been getting, I will call them, veiled threats from a communications company claiming they had the right to use our right-of-way for their cell towers. It's a new technology. These cell towers aren't as large as the ones we're used to. They're more of the size of a light tower, quite frankly. And they've been very aggressive. They've been very aggressive throughout Florida claiming that under federal statute they have the absolute right to use our right-of-way. And this is really a defensive posture so that the Board can make the decision down the road whether or not you guys want them to use the right-of-way, not that they have the right to do so. CHAIRMAN FIALA: Okay. I think I have the notes here from Brandon regarding cell towers. The current statutory framework and home rule authority that allows communications service providers to place traditional communications services infrastructure within county right-of-way subject to local rules, regulations, and permitting processes. That's what FAC supports; however, FAC opposes -- and this is FAC speaking for all of the counties in the state of Florida -- opposes extending this authority to third-party pass-through providers who do not provide communication services or remit December 13, 2016 Page 150 communication services tax or provide franchise fees. It seemed to me to me that this conversation really, as far as the other counties went, they weren't really thrilled with this idea of putting it in public right-of-way. MR. KLATZKOW: No, because it's -- they're not giving you -- these companies say it's not your choice, we have the right, claiming they're a telephone company, not really a cellular company. So they're claiming the same rights that telephone companies have. And I want to make sure that the Board makes a determination as to the use of your right-of-way. CHAIRMAN FIALA: Okay. So you're going to guide that then? I mean, Caroline could do anything you want. MR. KLATZKOW: Yes. That's the purpose of this, to give you more power for your home rule authority over these companies. CHAIRMAN FIALA: Okay, good. Good. Because I guess right now they're almost out of control to even be threatening or sounding like they're threatening. MR. KLATZKOW: They're bullies. CHAIRMAN FIALA: Yeah. Okay. Thank you. Then I make a motion to approve. COMMISSIONER TAYLOR: Second. MS. CELIK: Thank you very much. CHAIRMAN FIALA: Thank you very much. MR. OCHS: Did we vote? CHAIRMAN FIALA: Oh, yeah. We could. All in favor, signify by saying aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. December 13, 2016 Page 151 CHAIRMAN FIALA: Opposed, like sign. (No response.) MR. OCHS: Thank you. CHAIRMAN FIALA: That's a good suggestion. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Madam Chairman, that takes us to Item 15 on your agenda, that's staff and commission general communications. Madam Chair, I have just a few items, if I might, this afternoon to start. CHAIRMAN FIALA: Okay. MR. OCHS: The first, again, there was reference a little bit earlier, but, again, to remind the Board and the public that the Board will be holding a workshop on January 3rd here in the boardroom at 1 p.m. to review your strategic plan, also to get a brief review of the future land use plan and an update on the four planning initiatives and the restudies that are currently underway in Eastern Collier County. Again, that's 1 p.m. on January 3rd. We look forward to that. The next item is that I received an email request from Bill Moss on behalf of the Naples City Council requesting to determine whether this board would have an interest in a joint meeting with the City Council at some future date. And I told Bill I would get it in front of the Board at my earliest opportunity and see what the Board would like to do. COMMISSIONER McDANIEL: Do you want a motion or -- CHAIRMAN FIALA: I think it's a great idea. COMMISSIONER McDANIEL: Yes. MR. OCHS: If there's a majority of the Board in favor, I'll work December 13, 2016 Page 152 with your calendars and Mr. Moss, and we'll get that scheduled. CHAIRMAN FIALA: Everybody's nodding. MR. OCHS: Fair enough? COMMISSIONER McDANIEL: Absolutely. There's five nods. MR. OCHS: Very good. CHAIRMAN FIALA: Good. MR. OCHS: Thank you, Commissioners. CHAIRMAN FIALA: Okay. You've got five nods. MR. OCHS: Next things, again, I wanted to -- most of you were actually there yesterday but, again, want to welcome ACI Worldwide into Collier County and their corporate headquarters. This was a project that's been in the works between the state and Collier County for quite some time. We're very pleased that the governor made the announcement on Monday, and we look forward to the new job creation and new capital investment that is coming to Collier County with high-wage, high-value jobs. I also wanted to share with the Board something I think that you've already seen in one of our news releases, but I'm pleased to tell you that our most recent beach renourishment project was completed three weeks ahead of schedule, on budget. We put about 135,000 tons of sand along South Marco, Vanderbilt Beach, Pelican Bay, Park Shore, and the Sugden Regional Park. So it was a successful project, and we're pleased with the way it turned out, and I think the community will be pleased with the end result as well. And I have one more item and that is, Commissioners, at the approval of the budget last year -- and there's funding in your budget this year for a receptionist position in the board offices. And I'm going to proceed, unless I'm otherwise directed, since there's already budget authorization to post that job and get it filled so it can receive visitors to the commissioners' suite and do some other additional work for me and my agency that needs done. December 13, 2016 Page 153 Unless there's any objection, I'll move forward with that. I just wanted to make sure everybody was on board with that. COMMISSIONER TAYLOR: Yeah. MR. OCHS: Thank you. I'll move ahead. And then, finally, I just want to wish the Board happy holidays and look forward to a productive new year. That's all I have, Madam Chair. CHAIRMAN FIALA: Thank you very much. County Attorney? MR. KLATZKOW: Merry Christmas, and for a first board, I am truly impressed. This was great. CHAIRMAN FIALA: Thank you. It was a nice meeting, wasn't it? COMMISSIONER McDANIEL: Is that your report? MR. KLATZKOW: Pretty much. CHAIRMAN FIALA: Okay. So I want to hear a report from each of the commissioners, but let us try first, Commissioner Taylor, because she's used to doing it, kind of set the tone for the rest of us. COMMISSIONER TAYLOR: Oh, well, thank you. I wanted to thank our County Manager Leo Ochs for his leadership regarding project ICE and the ACI development and also to note -- and, unfortunately, he wasn't noted yesterday, and I wish he was in the press release, Jace, who -- you know, it's your leadership, sir, and he's a wonderful, wonderful representative of our economic development, and that department worked hard to get that right, and they did it. And it was so exciting yesterday to see the people in there and to almost -- you know, the reality of the dream was happening. Well done. MR. OCHS: Well, thank you very much, and Jace and his staff deserve great credit for that. Thank you. COMMISSIONER TAYLOR: Thank you. December 13, 2016 Page 154 A couple of questions, if we could possibly do a couple of things, maybe on January the 3rd. We've got a golf course rezoning concept happening where we've got some complaints, and well-founded complaints, where, perhaps, golf courses aren't being maintained the way they are, the next thing you know they're for sale, and oh, let's just put more homes in front of the view that these folks who had spent maybe their lifesavings in their home to live on this golf course, it may, you know, disappear. And so I know county staff, we put a moratorium, one of those other moratoriums, on this conversion of golf course until we allow staff to look at it. I wonder if -- County Manager, if staff could give us just, you know, a status report of where there are, what they do. There was a story in the newspaper, and I'm very interested in just being very much involved. I don't know if there's anything we can do about -- and I'm not saying it's happening, but deliberately letting a golf course or a development run down in order to get the empathy so that, indeed, the Commission will get enough complaints and they'll change. That's what I'm very concerned about. So if it's an agreement, maybe on the 3rd we can just touch on this, or whenever you decide. MR. OCHS: Sure. I think the workshop would be a good opportunity to provide a brief status report and then take whatever comments or suggestions or direction the Board wants to give beyond that. COMMISSIONER TAYLOR: Good. And then, finally, our beaches. We heard a lot about them today, and I'd like to see if staff could bring back the concept of a hopper dredge and all the parameters that would go into it as opposed to totally relying on the truck haul, and I'd like to see if staff could report to us as a commission board, and then we can examine it and go forward with that, if I have consensus from my colleagues to do that. December 13, 2016 Page 155 MR. OCHS: Ma'am, may I ask for a little clarification? When you talk about a hopper dredge concept, do you mean purchasing a dredge or -- COMMISSIONER TAYLOR: Oh, no. MR. OCHS: -- just using that as the method for future beach -- COMMISSIONER TAYLOR: Yes. MR. OCHS: -- renourishment? COMMISSIONER TAYLOR: Yeah, major -- yes, yes. MR. OCHS: Okay. Well, it's certainly viable. It's a technology that you-all know we've used before. We stopped using it when it got cost prohibitive, but it's certainly out there, and those dredgers are available. If you want to direct future renourishments to use that technology, you can certainly do that. We'd be happy to provide a little bit of a -- COMMISSIONER TAYLOR: I think it would be very -- MR. OCHS: -- analysis. You can see the differences -- COMMISSIONER TAYLOR: Yes. MR. OCHS: -- between the two approaches. COMMISSIONER TAYLOR: Yes. I think that would be very helpful in our decision-making. I mean, I came in under the sand haul, but I remember the hopper dredge, so... MR. OCHS: And it might be a candidate for a future workshop. That way you can have some exchange. COMMISSIONER TAYLOR: But not too long. Not too far away. MR. OCHS: No. We can do it in February, if you'd like. COMMISSIONER TAYLOR: Okay. Thank you. Good. All right. That's it. And Merry Christmas, Happy Holidays -- CHAIRMAN FIALA: Thank you. COMMISSIONER TAYLOR: -- to all of my colleagues -- CHAIRMAN FIALA: Same to you. December 13, 2016 Page 156 COMMISSIONER McDANIEL: To you as well. I was taking notes. COMMISSIONER TAYLOR: -- and to the public. Yes, taking notes. CHAIRMAN FIALA: Okay. Commissioner McDaniel, you want to be second in line here? COMMISSIONER McDANIEL: I guess if you're ready for me. CHAIRMAN FIALA: Yes. COMMISSIONER McDANIEL: And this is the portion where we talk about things that we're not going to vote on but we're going to see if it's something we want to direct and get direction from staff as we go forward. Now, I'm all about the dredging process, just to comment a little bit, Commissioner Taylor, with regard to what you're proposing. I said regularly -- again, I've lived in our community for 34 years. I've made a living in the early portion of my career in Collier County selling homes, and our beaches are imperative to the economic success and the viability of our community. And it is astounding to me that we treat beach renourishment almost on an emergency basis. It has become only treated -- CHAIRMAN FIALA: I'm sorry. COMMISSIONER McDANIEL: That's okay. CHAIRMAN FIALA: It keeps bouncing back. COMMISSIONER McDANIEL: So the long and the short of it, I would like to suggest, at some particular stage of the game, I hope to fill Commissioner Nance's position on the Southwest Florida Regional Planning Council. I would be very much interested in that if at all possible. I would like to explore negotiations with the four contiguous -- all four contiguous communities that are on the coast of Florida to explore the opportunity to buy a dredge ourselves and do it with Sarasota, Charlotte, and Lee County -- all of us have beach December 13, 2016 Page 157 renourishment issues along the way -- and maybe move to a process at some stage of the way. I know we've got a lot of environmental issues and things that need to be overcome or worked within. But I would like for beach renourishment to be an ongoing process and not based upon an act of God or a necessity that arises out of an act of God. So it would be my vote that we do that. And if you could please explain. I own dredges, and I've never heard one called a hopper dredge. COMMISSIONER TAYLOR: Well, that's what it's been referred to me by Gary McAlpin. But I think when we have our workshop, you're going to find out why we do it when we do it. COMMISSIONER McDANIEL: Oh, yes. I know why we do it when we do it, and I roll my eyes all the time when they talk about it that way. So -- and I get what you're saying -- COMMISSIONER TAYLOR: Okay. COMMISSIONER McDANIEL: -- but if we're going to talk about it more on the January 3rd -- and the other little point that I'd like to bring -- COMMISSIONER TAYLOR: February. COMMISSIONER McDANIEL: -- up is I would like to know -- I have an idea, had an idea. I would like to introduce and work with staff and bring to us in January -- if you're of the mind -- I've got an idea for restructure of our impact fees as we have them. You talked, Commissioner Saunders, about onerous expenses and such along the lines, and that's one that's near and dear to my heart, as you heard me say on a regular basis throughout the trail. And just as a point of discussion, I'm looking at implementing this process in the Immokalee overlay area. So if I have -- if you are of the mind, I'd like to do that. COMMISSIONER TAYLOR: You could add that to the agenda. COMMISSIONER McDANIEL: Okay. December 13, 2016 Page 158 COMMISSIONER TAYLOR: You could have that as an agenda item. COMMISSIONER McDANIEL: Okie dokie. That's what I'll do. And, again, Happy Holidays, Merry Christmas to everyone as well. It's been a pleasure. CHAIRMAN FIALA: Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you. Just one or two quick things. We had this item dealing with the payment of expenditures. It was 16J8. And it seems to me that maybe there's some amendments to the purchasing ordinance that might be warranted to correct that so we don't have to keep dealing with that. And I would suggest that the staff take a look at that and the other amendments to the purchasing ordinance that need fixing, then bring those on back to us. MR. OCHS: Yeah. I'd be happy to do that. COMMISSIONER SAUNDERS: All right. And then the only other thing is to echo everybody else, Happy Holidays, and thank -- I want to thank staff for getting us oriented and helping us with technology. And it's been very, very -- you've been very, very helpful and gracious, and I want to thank you for that. MR. OCHS: You're welcome, sir. Thank you. CHAIRMAN FIALA: And, Commissioner Solis? COMMISSIONER SOLIS: Okay. CHAIRMAN FIALA: Is it Solis? COMMISSIONER SOLIS: Solis. CHAIRMAN FIALA: Solis. Solis, okay. COMMISSIONER SOLIS: Solis, Solis. Whatever's easier. I've been called -- CHAIRMAN FIALA: I better learn how to say it right. COMMISSIONER SOLIS: I've been called worse either way. CHAIRMAN FIALA: Solis. December 13, 2016 Page 159 COMMISSIONER SOLIS: Thank you. Yeah, it's Solis. Absolutely, thank you, Leo and Nick and the staff, for helping me get up to speed. It was -- I had a little extra time, I think, maybe than Mr. McDaniel and Mr. Saunders, but it really was seamless, and I really appreciated all of the time you spent with me. I would -- again, the leadership in bringing in ACI and the announcements yesterday, I mean, that is -- I hate to use the analogy, but I think it was a home run today. But it was a home run. MR. CASALANGUIDA: Touchdown. COMMISSIONER SOLIS: Yeah, it was touchdown, touchdown. Maybe a home run's not the good one. But I think that is just such a win for Collier County. And I think that and the work -- the economic development work that's been done with Arthrex and the ongoing work that Jace Kentner's doing. I think he's doing a great job, and we need to support him, I think, in the future. And I think the sky's the limit. That's just the tip of the iceberg. I'd like to say Happy Holidays to everyone, Merry Christmas. And being the first meeting, you know, this was a great experience for me. It's -- being here on a board, and we disagreed without being too disagreeable, right? And I think that's a wonderful way to start off. And I look forward to working with every one of you in that way in the future. So thank you very much for everyone's patience. CHAIRMAN FIALA: Thank you. COMMISSIONER SOLIS: Thank you. CHAIRMAN FIALA: And as I wind this up, I just want to say it's been -- COMMISSIONER McDANIEL: Speak into the microphone, Madam Chairman. CHAIRMAN FIALA: Thank you. Okay. Phil, we're doing it again. It's a guy named Phil Brougham, and he watches every meeting. December 13, 2016 Page 160 Anyway, first, it's been a great experience working with everybody. It was such a pleasant atmosphere today. I probably talked a little bit too much, but I was hoping to try and give some outlines in what we were doing while we were doing it so that we just roll through it from here on in. It took me a long time to figure everything out, so I was trying to explain it for you guys before that. Secondly, I wanted to say that golf course you were talking about, that was a great idea. You know, people keep writing us all the time about municipal golf courses and that they pay for themselves; not that they make a lot of money but they pay for themselves. And we're looking at that Golden Gate golf course and thinking, man, we should really do something there. We've got the opportunity, and we should probably grab it. And I'm hoping that we discuss that as we move forward. Thank you for bringing this up. MR. OCHS: Commissioner, just to remind you -- not to interrupt you -- the Board's already given us direction to conduct a feasibility review on the prospect of a municipally-owned course. We're working through that, and probably November we'll have something. CHAIRMAN FIALA: Oh, good. It was so long ago that we directed. I just -- MR. OCHS: It wasn't that long ago. You just -- COMMISSIONER TAYLOR: It was in November. COMMISSIONER McDANIEL: It was in November, right. CHAIRMAN FIALA: That's almost two months. Okay. The other thing is about the dredge. You know, one of the things -- I think one of the great things about dredging and having the cooperation from the four counties, you know, all using the dredging together and so forth, we've got all that sand that's being deposited that we've paid to put on the beach that's now back in the Gulf of Mexico, and it's loading up more and more, and we're never bringing it back in, December 13, 2016 Page 161 which is where it should be in the first place, so I'm delighted that you brought that up. At the Florida Association of Counties meeting recently -- I wanted to just tell you it would be nice to have more commissioners. So many of them had full representation, all five commissioners, the County Manager and the County Attorney and their County Engineer, and they were all there. And so they were able to weigh in more heavily on some of the subjects. So, Commissioners, if you're ever interested, we've got one going up in Tallahassee when we talk to the legislators in a little bit. I am going to be going to Washington, D.C., but that's because I'm on another committee with the National Association of Counties, but I'll be representing you up there. And I just want to say that I hope you consider going up to Florida Association of Counties. I used to see Burt up there all the time. He was a lobbyist up there. The second last thing is the artist for this month's pictures in the back is -- let's see. What is his name? Gareth Rockliffe, a photographer who specializes in soulful landscapes and portraits. Gareth is a native of England and has exhibited widely throughout the U.S. and Europe and had a major exhibition of his works at Naples Von Liebig in 2015, and his works have also been showcased in Naples Illustrated, Gulf Shore Life, and Life in Naples. His works have a distinctive style that mixes beauty and emotion to invite the view to that exact spot. And they are beautiful photos, and I just hope that everybody enjoys them. They give the place a little bit of a pick-me-up. And last but not least, Merry Christmas to everybody, Happy New Year, Happy Holidays, Happy Hanukkah. Just celebrate, because this is the time of year that we all celebrate, no matter what holiday it is we're celebrating, and love each other. December 13, 2016 Page 162 And by the way, fellows over in GMD, my oven isn't fixed yet. Okay. But Friday they say. And with that, meeting is adjourned. **** Commissioner Taylor moved, seconded by Commissioner McDaniel and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 EXTENDING THE COMPLETION AND FINAL ACCEPTANCE OF REQUIRED SUBDIVISION IMPROVEMENTS ASSOCIATED WITH THE MARSALA AT TIBURON (AR-7629) SUBDIVISION UNTIL JUNE 6, 2017 – CURRENTLY THE ONLY REMAINING IMPROVEMENTS CONSIST OF MINOR SIDEWALK REPAIR Item #16A2 RESOLUTION 2016-260: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF NAPLES MOTORCOACH RESORT, APPLICATION NUMBER AR-12512 WITH ROADWAY & DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED AND AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY – ROADWAY AND DRAINAGE IMPROVEMENTS WILL BE MAINTAINED BY THE HOA Item #16A3 RESOLUTION 2016-261: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE December 13, 2016 Page 163 FINAL PLAT OF VERCELLI, APPLICATION NUMBER AR-9669 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS PRIVATELY MAINTAINED AND AUTHORIZING RELEASE OF THE MAINTENANCE SECURITY AND ACCEPTANCE OF THE PLAT DEDICATIONS – WITHIN THE WENTWORTH ESTATES PUD AND IMPROVEMENTS MAINTAINED BY THE HOA Item #16A4 AUTHORIZING THE CLERK OF COURTS TO RELEASE AN IRREVOCABLE STANDBY LETTER OF CREDIT IN THE AMOUNT OF $162,690 TO AMBERTON PROPERTIES, LLC. POSTED AS A GUARANTY FOR SITE DEVELOPMENT PLAN (AR-3172) FOR WORK ASSOCIATED WITH AMBERTON A/K/A INDIAN HILLS – LOCATED OFF IMMOKALEE ROAD Item #16A5 AUTHORIZING THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $25,000 TO JAMES A. NULF, JR., WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.118, PL20140000741 FOR WORK ASSOCIATED WITH WINDWARD ISLE – LOCATED OFF AIRPORT-PULLING ROAD Item #16A6 AUTHORIZING THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $72,708.79 TO HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION December 13, 2016 Page 164 PERMIT NUMBER PL20140002259, FOR WORK ASSOCIATED WITH LEGACY LAKES – A PROJECT OFF OF WOODCREST DRIVE Item #16A7 AUTHORIZING THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $191,620 TO CC AVE MARIA, LLC, POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.902-19, PL20140000067 FOR WORK ASSOCIATED WITH MAPLE RIDGE RESERVE AT AVE MARIA PHASE 3 – WORK HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED COMMITMENTS Item #16A8 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF SEWER UTILITY FACILITIES FOR TRADITIONS, THE VILLAS AT GREY OAKS AND TRADITIONS, THE GOLF RESIDENCES AT GREY OAKS, PROJECT #2005060003, PL20120001994, PL20140002314, AND PL20140002319, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY BOND AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $59,652.70 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT – THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE UPON STAFF’S FINAL INSPECTION AUGUST 30, 2016 Item #16A9 December 13, 2016 Page 165 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER FACILITIES FOR ST. WILLIAMS CATHOLIC CHURCH, PL20120002684, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $9,913.27 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT – THE FACILITIES WERE SATISFACTORY AND ACCEPTABLE UPON INSPECTION SEPTEMBER 28, 2016 Item #16A10 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR RIVERSTONE PLAT 7, PL20150000064, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000, TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – LOCATED OFF OF LOGAN BOULEVARD NORTH Item #16A11 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER FACILITIES FOR CARRARA AT TALIS PARK, PL20140002502, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT – FACILITIES WERE December 13, 2016 Page 166 FOUND TO BE SATISFACTORY AND ACCEPTABLE UPON STAFF’S SEPTEMBER 16, 2016 FINAL INSPECTION Item #16A12 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR PELICAN BAY COMMUNITY CENTER, PL20120001856 (PROJECT #19992556), ACCEPTING UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $16,208.92 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT– THE FACILITIES WERE FOUND TO BE ACCEPTABLE UPON STAFF’S FINAL REVIEW ON SEPTEMBER 21, 2016 Item #16A13 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR CULVERS HAMMOCK COVE, PL20150001746, AND AUTHORIZING THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $7,307.01 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT – ALL POTABLE WATER AND SEWER UTILITIES ARE OWNED AND MAINTAINED BY THE DEVELOPER Item #16A14 December 13, 2016 Page 167 AN EXTENSION TO COMPLETE REQUIRED SUBDIVISION IMPROVEMENTS ASSOCIATED WITH AVE MARIA UNIT 4, HAMPTON VILLAGE PHASE 1 (AR-8879) SUBDIVISION THROUGH JANUARY 13, 2018, PURSUANT TO SECTION 10.02.05 C.2 OF COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) Item #16A15 AN EXTENSION THROUGH SEPTEMBER 26, 2018 TO COMPLETE SUBDIVISION IMPROVEMENTS ASSOCIATED WITH AVE MARIA UNIT 9, DEL WEBB AT AVE MARIA PARCELS 101, 103, 104 & 105 (AR-9168) SUBDIVISION PURSUANT TO SECTION 10.02.05 C.2 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC) – AN EXTENSION FROM SEPTEMBER 26, 2014 Item #16A16 RELEASING A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $50,730.43 FOR PAYMENT OF $680.43 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. ROBERT F. LOGAN AND MARY B. LOGAN, CODE ENFORCEMENT BOARD CASE NO. CEPM20150003240 RELATING TO PROPERTY LOCATED AT 5860 CLOUDSTONE COURT, COLLIER COUNTY, FLORIDA – FOR VIOLATIONS THAT CONSISTED OF TORN POOL CAGE SCREENS AND A DAMAGED ROOF SOFFIT ACQUIRED BY A NEW PROPERTY OWNER IN OCTOBER, 2015 AND BROUGHT INTO COMPLIANCE MARCH 10, 2016 December 13, 2016 Page 168 Item #16A17 RELEASING A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $35,028.21 FOR PAYMENT OF $328.21 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. DANIELA F. SUAREZ. CODE ENFORCEMENT BOARD CASE NO. CEEX20130011469 RELATING TO PROPERTY LOCATED AT 1031 19TH STREET SW, COLLIER COUNTY, FLORIDA – FOR CODE VIOLATIONS INCLUDING LITTER IN THE RIGHT-OF-WAY BROUGHT INTO COMPLIANCE SEPTEMBER 2, 2014 AND ACQUIRED BY A NEW OWNER AUGUST 30, 2016 Item #16A18 RELEASING A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $9,364.88 FOR PAYMENT OF $1,800 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. CELSOS T. CAMARGO AND SANTA V. CAMARGO, CODE ENFORCEMENT BOARD CASE NO. CEOCC20150007305 RELATING TO PROPERTY LOCATED AT 420 ALACHUA STREET, COLLIER COUNTY, FLORIDA – FOR A VIOLATION CONSISTING OF NO BUSINESS TAX RECEIPT FOR AN AUTOMOTIVE REPAIR BUSINESS BEING CONDUCTED FROM THIS LOCATION – THE OWNERS OBTAINED A BUSINESS TAX RECEIPT AND THE PROPERTY WAS BROUGHT INTO COMPLIANCE SEPTEMBER 7, 2016 Item #16A19 December 13, 2016 Page 169 RELEASING TWO CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $700,947 FOR PAYMENT OF $1,897 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. DREAMSCAPE HOMES, INC., CODE ENFORCEMENT BOARD CASE NO. 2003081576 AND BOARD OF COUNTY COMMISSIONERS V. ELIAS NICOT, CODE ENFORCEMENT BOARD CASE NO. CESD20100003911 RELATING TO PROPERTY LOCATED AT 670 20TH STREET NE, COLLIER COUNTY, FLORIDA – FOR VIOLATIONS THAT INCLUDED AN EXPIRED/CANCELLED BUILDING PERMIT FOR A SINGLE FAMILY RESIDENCE DEEMED ABANDONED, THAT WAS ACQUIRED BY AVE MARIA REAL ESTATE & HOME SERVICES, LLC. JANUARY 28, 2015 AND BROUGHT INTO COMPLIANCE SEPTEMBER 15, 2016 Item #16A20 RELEASE OF A CODE ENFORCEMENT LIEN WITH A COMBINED ACCRUED VALUE OF $ 80,430.43 FOR PAYMENT OF $ 10,830.43 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. BANK OF AMERICA NA, CODE ENFORCEMENT BOARD CASE NO. CEPM20150010803, RELATING TO PROPERTY LOCATED AT 4125 GOLDEN GATE PKWY, COLLIER COUNTY, FLORIDA – FOR VIOLATIONS INCLUDING A VACANT DWELLING WITH ROOF DAMAGE ACQUIRED BY NEW OWNERS ON NOVEMBER 13, 2015 AND BROUGHT INTO COMPLIANCE ON OCTOBER 12, 2016 Item #16A21 December 13, 2016 Page 170 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $31,012.64 FOR PAYMENT IN THE AMOUNT OF $600 IN THE CODE ENFORCEMENT ACTION ENTITLED THE BOARD OF COUNTY COMMISSIONERS V. JOHN POPO AND MARIA PEREZ, CODE ENFORCEMENT BOARD CASE NO. CESD20100001211, RELATING TO PROPERTY LOCATED AT 5400 26TH PLACE SW, COLLIER COUNTY, FLORIDA – FOR VIOLATIONS INCLUDING A FAILING UNSIGHTLY/UNPERMITTED FENCE BROUGHT INTO COMPLIANCE NOVEMBER 8, 2011 AND ACQUIRED BY U.S. BANK, NATIONAL ASSOCIATION ON AUGUST 12, 2016 Item #16A22 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $137,564.43 FOR PAYMENT OF $1,000 IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. ROBERT M. GRIFFIN, CODE ENFORCEMENT BOARD CASE NO. CESD20100002858 RELATING TO PROPERTY LOCATED AT 591 10TH AVENUE NW, COLLIER COUNTY, FLORIDA – FOR CODE VIOLATIONS CONSISTING OF AN OWNER/BUILDER SINGLE FAMILY HOME WITH AN EXPIRED PERMIT BROUGHT INTO COMPLIANCE MAY 26, 2015 Item #16A23 RELEASE OF A CODE ENFORCEMENT LIEN WITH A COMBINED ACCRUED VALUE OF $126,715.33 FOR THE PAYMENT OF $1,000 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. MBLS December 13, 2016 Page 171 VENTURES LLC, CODE ENFORCEMENT BOARD CASE NO. CEPM20120008938, RELATING TO PROPERTY LOCATED AT 1810 19TH STREET SW, COLLIER COUNTY, FLORIDA – FOR VIOLATIONS INCLUDING AN UNSECURED STRUCTURE IN NEED OF REPAIR AND MAINTENANCE ON EXTERIOR AND INTERIOR WALLS, ROOF, CEILINGS, WINDOWS, DOORS AND OTHER AREAS THROUGHOUT THE STRUCTURE, BROUGHT INTO COMPLIANCE SEPTEMBER 27, 2016 AND ACQUIRED BY MWC HOLDINGS, LLC, OCTOBER 19, 2015 Item #16A24 RELEASE OF A CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $368,123.01 FOR PAYMENT OF $40,910.47 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. NLJ REALESTATE HOLDING INC. CODE ENFORCEMENT BOARD CASE NOS. CEAU20130001915 AND CEPM20130001358 RELATING TO PROPERTY LOCATED AT 207 N 15TH STREET, COLLIER COUNTY, FLORIDA – FOR VIOLATIONS INCLUDING A DILAPIDATED FENCE WITH SECTIONS MISSING AND A DANGEROUS STRUCTURE BROUGHT INTO COMPLIANCE JULY 26, 2016 AND ACQUIRED BY COLLIER TRUST MANAGEMENT AUGUST 31, 2016 Item #16A25 COMMERCIAL EXCAVATION PERMIT PL20160001369 TO EXCAVATE 355,000 CUBIC YARDS OF MATERIAL AND REMOVE THE MATERIAL OFF-SITE FROM THE PANTHER ISLAND MITIGATION BANK (PIMB) EXPANSION – AS December 13, 2016 Page 172 DETAILED IN THE EXECUTIVE SUMMARY Item #16A26 RECORDING THE FINAL PLAT OF AVALON PARK (APPLICATION NUMBER PL20160001983) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE SECURITY – LOCATED OFF CAMP KEAIS ROAD Item #16A27 RECORDING THE MINOR FINAL PLAT OF COLLIER CHARTER SCHOOL, APPLICATION NUMBER PL20160001949 – LOCATED OFF OF IMMOKALEE ROAD Item #16A28 RECORDING THE FINAL PLAT OF STONECREEK – PLAT TWO, (APPLICATION NUMBER PL20160000810) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – A PROJECT WITHIN THE TERAFINA PUD Item #16A29 RECORDING THE FINAL PLAT OF ARGO MANATEE, (APPLICATION NUMBER PL20150001677) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE December 13, 2016 Page 173 AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A30 RECORDING THE MINOR FINAL PLAT OF GOLDEN GATE PALMETTO, APPLICATION NUMBER PL20160001472 Item #16A31 RECORDING THE FINAL PLAT OF AZURE AT HACIENDA LAKES, (APPLICATION NUMBER PL20160002657) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A32 RECORDING THE MINOR FINAL PLAT OF COQUINA AT MAPLE RIDGE – PHASE 2 AND 3 REPLAT, APPLICATION NUMBER PL20160002751 – LOCATED IN THE TOWN OF AVE MARIA Item #16A33 RECORDING THE MINOR FINAL PLAT OF NAPLES INFINITI – VOLVO, APPLICATION NUMBER PL20160000992. (COMPANION TO ITEM #16A41) – LOCATED WITHIN THE PINE AIR LAKES DRI December 13, 2016 Page 174 Item #16A34 RECORDING THE FINAL PLAT OF ISLES OF COLLIER PRESERVE PHASE 9, (APPLICATION NUMBER PL20160001197) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – LOCATED OFF OF TAMIAMI TRAIL EAST AND RATTLESNAKE HAMMOCK ROAD Item #16A35 RESOLUTION 2016-262: FINAL ACCEPTANCE OF PUBLIC ROADWAY AND DRAINAGE IMPROVEMENTS IN A PORTION OF THE RIGHT-OF-WAY KNOWN AS MAGNOLIA POND DRIVE, AS CONVEYED AND RECORDED IN OR BOOK 2449, PAGES 605 THROUGH 607, WITH ROADWAY AND DRAINAGE IMPROVEMENTS MAINTAINED BY COLLIER COUNTY Item #16A36 AWARDING INVITATION TO BID #16-6575, PURCHASE AND DELIVERY OF FERTILIZER, TO MULTIPLE VENDORS: FLORIKAN ESA, LLC; GREEN TECHNOLOGIES, LLC; AND SITEONE LANDSCAPE SUPPLY; AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS – FOR FERTILIZER PURCHASES ON AN “AS-NEEDED” BASIS AND AVERAGE ANNUAL EXPENDITURES OF $250,000 Item #16A37 – Moved to Item #11F (Per Agenda Change Sheet) December 13, 2016 Page 175 Item #16A38 ESTABLISHING THAT THE 2017 SCHEDULE FOR THE TRI- ANNUAL GROWTH MANAGEMENT PLAN (GMP) AMENDMENT CYCLE WILL BE 5:00 PM ON THE LAST FRIDAY IN FEBRUARY, JUNE AND OCTOBER WITH AN EXEMPTION FOR DRI'S, AREAS DESIGNATED RACEC AND SMALL SCALE AMENDMENTS FROM CYCLE LIMITATIONS Item #16A39 REJECTING THE SOLE REMAINING RESPONSE RECEIVED FOR INVITATION TO BID (ITB) #16-7038 “AQUATIC VEGETATION CONTROL SERVICES” AND RE-SOLICIT – DUE TO THE LACK OF COMPETITION AND VERY HIGH BID RATE (PER ACRE), REVISED SPECIFICATIONS WILL BE ADDED TO FURTHER CLARIFY THE WORK Item #16A40 ACCEPTING THE MAINTENANCE RESPONSIBILITY OF PUBLICLY DEDICATED ALLEYS WITHIN THE NAPLES TWIN LAKES SUBDIVISION, LOCATED NORTH AND SOUTH OF GRANADA BOULEVARD JUST EAST OF U.S. ROUTE 41 – THE ROAD MAINTENANCE DIVISION WILL ASSUME THE MAINTENANCE RESPONSIBILITY FOR TWO 20-FOOT PUBLIC ALLEYS PREVIOUSLY DEDICATED TO THE PUBLIC VIA THE NAPLES TWIN LAKES PLAT Item #16A41 December 13, 2016 Page 176 CHAIRMAN TO SIGN A QUIT CLAIM DEED BETWEEN COLLIER COUNTY (“COUNTY”) AND TT OF LAKE SHORE, INC. (“DEVELOPER”) RECONVEYING A PUBLIC ACCESS EASEMENT TO THE DEVELOPER ASSOCIATED WITH A PROJECT AT NAPLES INFINITI - VOLVO (PL20160000297) ERRONEOUSLY CONVEYED TO THE COUNTY (COMPANION ITEM #16A33) – UPON REVIEW IT WAS DETERMINED AN EASEMENT INTENDED TO CONNECT NAPLES BOULEVARD TO HOLLYWOOD DRIVE WAS GRANTED OVER A WRONG PORTION OF PROPERTY WITHIN THE PINE AIR LAKES PUD Item #16A42 WORK ORDER UNDER CONTRACT #13-6164-CEI, WITH AIM ENGINEERING & SURVEYING, INC. IN THE AMOUNT OF $187,830 FOR CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES FOR PROJECT NO.60190, “AIRPORT PULLING ROAD NORTH OF VANDERBILT BEACH ROAD” – FOR SERVICES RELATED TO CONTRACT #16-6660 WITH BONNESS, INC. FOR A PROJECT TO IMPROVE SAFETY AND CAPACITY AT THE INTERSECTION Item #16A43 AN INTERLOCAL AGREEMENT WITH THE IMMOKALEE WATER AND SEWER DISTRICT (THE "DISTRICT") FOR UTILITY WORK ASSOCIATED WITH THE INTERSECTION IMPROVEMENT PROJECT LOCATED AT LAKE TRAFFORD ROAD AND NORTH 19TH STREET (PROJECT NO. 60192) AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS – December 13, 2016 Page 177 ESTABLISHING TERMS UNDER WHICH THE COUNTY WILL REMOVE AND REPLACE AN EXISTING 10” POTABLE WATER MAIN WITH A NEW WATER MAIN (AT THE DISTRICT’S EXPENSE) AND RECOGNIZING REVENUE IN THE AMOUNT OF $199,316.34 Item #16A44 SUBMITTAL OF TWO SAFE ROUTES TO SCHOOL GRANT APPLICATIONS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND THE CONSTRUCTION OF SIDEWALKS ALONG CARSON ROAD NORTH OF WESTCLOX DRIVE TO EDEN PARK ELEMENTARY SCHOOL AND LINWOOD AVENUE TO SHADOWLAWN ELEMENTARY SCHOOL – REQUESTED FUNDING IN THE PROPOSAL FOR BOTH PROJECTS IS $1,301,383.58; IF AWARDED COLLIER COUNTY WOULD NEED TO PROVIDE A PORTION OF THE $148,624.58 REQUIRED CONTINGENCY Item #16A45 DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) AGREEMENT NO. LP11030 TO RECOGNIZE GRANT FUNDING IN THE AMOUNT OF UP TO $750,000 FOR CONSTRUCTION OF THE NAPLES PARK AREA/BASIN INFRASTRUCTURE OPTIMIZATION FOR STORMWATER, WATER AND SEWER (PHASE II), PROJECT NUMBER 60139 AND 70120 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A46 December 13, 2016 Page 178 A SHORT-LIST OF PROFESSIONAL ENGINEERING CONSULTANTS PURSUANT TO RFP #15-6471, DESIGN SERVICES FOR LOCAL AGENCY PROGRAM (LAP) FUNDED PROJECTS AND AUTHORIZING NEGOTIATIONS BETWEEN COLLIER COUNTY AND JOHNSON ENGINEERING, INC., FOR "ENGINEERING & DESIGN SERVICES FOR LAP FUNDED PROJECTS." (GROWTH MANAGEMENT GRANT FUND 711) – FOLLOWING NEGOTIATIONS STAFF WILL RETURN WITH A CONTRACT FOR BOARD APPROVAL Item #16B1 AMENDMENT NO. 1 TO THE BARE LICENSE AGREEMENT BETWEEN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY AND NAPLES AUTO DONATION CENTER, INC. TO PROVIDE INCREASED VEHICLE STORAGE ON PROPERTY AT 1965 TAMIAMI TRAIL EAST – INCREASING THE NUMBER OF STORED VEHICLES ON THE PROPERTY FROM 20 TO 40 VEHICLES; ALL OTHER TERMS OF THE AGREEMENT WITH NAPLES AUTO DONATION CENTER, INC. WILL REMAIN THE SAME Item #16C1 RESOLUTION 2016-263: REMOVING UNCOLLECTIBLE ACCOUNT RECEIVABLES AND THEIR RESPECTIVE BALANCES FROM THE FINANCIAL RECORDS OF COLLIER COUNTY PUBLIC UTILITIES DEPARTMENT IN THE AMOUNT OF $14,126.36 – ALL BALANCES EXCEED THE 4- YEAR STATUTE OF LIMITATIONS FOR COLLECTION OR ARE COMMERCIAL ACCOUNTS WHERE THE ENTITY HAS December 13, 2016 Page 179 GONE OUT OF BUSINESS Item #16C2 AWARDING ITB #16-6687 "SCRWTP DEGASIFICATION TOWER PACKING MEDIA REPLACEMENT" TO INDUSCO ENVIRONMENTAL SERVICES, INC., THE LOWEST RESPONSIVE AND QUALIFIED BIDDER, IN THE AMOUNT OF $66,160 TO PURCHASE REPLACEMENT DEGASIFICATION TOWER PACKING MEDIA AT SOUTH COUNTY REGIONAL WATER TREATMENT PLANT – A CRITICAL COMPONENT OF DISSOLVED GAS REMOVAL AND ODOR CONTROL DURING THE TREATMENT AND PRODUCTION OF DRINKING WATER Item #16C3 A $375,457.00 WORK ORDER UNDER RFQ #14-6213-75 WITH DOUGLAS N. HIGGINS, INC., FOR THE "SLUDGE THICKENER MECHANISM REFURBISHING PROJECT," UNDER SOUTH COUNTY REGIONAL WATER TREATMENT PLANT, LIME SOFTENING TECHNICAL SUPPORT PROJECT NO. 70109 – THE CURRENT MECHANISM IS APPROXIMATELY 30-YEARS OLD AND IS IN NEED OF EITHER REFURBISHING OR REPLACEMENT Item #16C4 THE PAYMENT OF FIVE UNPAID INVOICES FOR KYLE CONSTRUCTION INC., FOR A COMBINED AMOUNT OF $191,437 FOR AUTHORIZED AND PERFORMED WORK December 13, 2016 Page 180 Item #16C5 A $374,065 WORK ORDER UNDER CONTRACT #14-6213-81 WITH QUALITY ENTERPRISES USA, INC., TO REPLACE AERATION EQUIPMENT UNDER WATER RECLAMATION FACILITY TECHNICAL SUPPORT PROJECT NUMBER 70148 – THE EXISTING AERATORS ON OXIDATION DITCH 2 ARE APPROXIMATELY 21 YEARS OLD AND HAVE REACHED THE END OF THEIR USEFUL LIVES Item #16C6 WORK ORDERS IN THE AMOUNT OF $386,351.52 AND $604,338.68 UNDER ANNUAL CONTRACT #13-6111 WITH FLORIDA SERVICE PAINTING, INC., FOR SPECIALIZED COATINGS ON OXIDATION DITCH NO. 1 AND NO. 2, RESPECTIVELY, UNDER NORTH COUNTY WATER RECLAMATION FACILITY TECHNICAL SUPPORT PROJECT NUMBER 70148 – TO REPAIR DETERIORATING INTERIORS AND EXTERIORS OF CONCRETE WASTEWATER TREATENT TANKS WITH A SPECIALIZED COATING (EPOXYTEC CPP) TO SEAL AND PRESERVE THE ASSETS; FLORIDA SERVICE PAINTING, INC., IS THE ONLY SUPPLIER-APPROVED APPLICATOR IN THE SOUTHEAST CERTIFIED TO APPLY THE COATING AND PROVIDES A 10-YEAR WARRANTY Item #16C7 A $245,000 WORK ORDER UNDER CONTRACT #14-6213-78, WITH QUALITY ENTERPRISES USA, INC., FOR STRUCTURAL EXPANSION AND JOINT REPAIR ON December 13, 2016 Page 181 OXIDATION DITCH NO. 2 UNDER NORTH COUNTY WATER RECLAMATION FACILITY TECHNICAL SUPPORT PROJECT NUMBER 70148 – INCLUDES THE DEMOLITION OF FAILING CONCRETE EXPANSION JOINTS AND THE INSTALLATION OF NEW SLIP-DOWELS, REINFORCED STEEL AND WATER STOP JOINT MATERIAL Item #16D1 A DONATION OF $41,874.12 FOR THE CONSERVATION COLLIER PROGRAM AS AN OFFSITE PRESERVATION FOR CHATHAM WOODS (PL-20150002912) TO SATISFY A NATIVE VEGETATION RETENTION REQUIREMENT AND AUTHORIZE BUDGET AMENDMENTS – THE DEVELOPER, WHOSE PLAT HAS NOT YET COME BEFORE THE BOARD FOR APPROVAL, IS REQUESTING AN EARLY WORK AUTHORIZATION FOR THIS PROJECT Item #16D2 RESOLUTION 2016-264: AUTHORIZING THE REMOVAL OF AGED ACCOUNT RECEIVABLES IN THE AMOUNT OF $134,994.96, CONSIDERED UNCOLLECTIBLE OR SHOULD OTHERWISE BE REMOVED FROM FINANCIAL RECORDS OF THE COLLIER COUNTY PUBLIC LIBRARY IN ACCORDANCE WITH RESOLUTION NO. 2015-219 – INCLUDES $63,760.91 OF UNRETURNED MATERIAL AND $71,234.05 IN LATE FINES Item #16D3 AN ACCESS LICENSE AGREEMENT WITH MINTO SABAL December 13, 2016 Page 182 BAY, LLC AND ISLES OF COLLIER PRESERVE PROPERTY OWNER’S ASSOCIATION, INC. TO ALLOW RESIDENTS OF THE ISLES OF COLLIER PRESERVE NEIGHBORHOOD ACCESS TO EAST NAPLES COMMUNITY PARK THROUGH A PRIVATE ENTRANCE POINT – IN RETURN MINTO SABAL BAY, LLC AND THE PROPERTY OWNER’S ASSOCIATION HAVE AGREED TO CONSTRUCT, PERMIT AND MAINTAIN AN ACCESS POINT THAT INCLUDES A LOCKED GATE, PEDESTRIAN SIDEWALK AND BIKE PATH OVER, ACROSS AND UPON COUNTY PROPERTY Item #16D4 AN AGREEMENT TO REIMBURSE THE COLLIER COUNTY SHERIFF’S OFFICE $59,500 FOR PROVIDING AN OFF-DUTY DEPUTY TO PROVIDE INTERSECTION CONTROL OUTSIDE DELNOR-WIGGINS STATE PARK AT PEAK TIMES DURING THE YEAR AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO SIGN A LAW ENFORCEMENT SPECIAL DETAIL AGREEMENT FOR PROVISION OF THESE SERVICES – TWO DEPUTIES WILL PROVIDE TRAFFIC CONTROL AT GULF SHORE DRIVE/BLUEBILL AVENUE INTERSECTION FROM 10:00 AM TO 3:00 PM ON THE FOLLOWING DAYS: DECEMBER 17-18 AND DECEMBER 24-25, 2016 WEEKENDS; 7-DAYS A WEEK BEGINNING FRIDAY, DECEMBER 30, 2016 THROUGH SUNDAY APRIL 30, 2017; SATURDAY THROUGH MONDAY OVER MOTHER’S DAY, JULY 4TH, MEMORIAL DAY AND LABOR DAY WEEKENDS AND SATURDAY AND SUNDAY (ONLY) FOR FATHER’S DAY WEEKEND Item #16D5 December 13, 2016 Page 183 COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL (TDC) CATEGORY “A” GRANT APPLICATION FOR BEACH PARK FACILITIES ENHANCED MAINTENANCE SERVICES FOR FISCAL YEAR 2017 IN THE TOTAL AMOUNT OF $46,368, APPROVE THE NECESSARY BUDGET AMENDMENT, AND MAKE THE FINDING THAT THE PROJECT PROMOTES TOURISM – TO BETTER SERVE VISITORS AT BAREFOOT BEACH, VANDERBILT BEACH,THE SOUTH MARCO BEACH ACCESS AND TIGERTAIL BEACH MAINTENANCE WILL INCREASE 8-HOURS PER DAY FRIDAY THROUGH TUESDAY FROM JANUARY 2 THROUGH MAY 31, 2017 AND INCLUDE CONTINUOUS MAINTENANCE OF RESTROOMS AND FOOT SHOWERS, TRASH REMOVAL, RESTOCKING RESTROOMS SUPPLIES, AND WILL BE PROVIDED AND DOCUMENTED BY ISS FACILITY SERVICES, INC., CURRENTLY UNDER CONTRACT WITH THE COUNTY Item #16D6 THREE SATISFACTIONS OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $43,550 – FOR MORTGAGES ON PROPERTY IN NAPLES AT 2520 52ND AVENUE NE, 151 CYPRESS WAY AND 4330 20TH STREET NE Item #16D7 TWELVE SATISFACTIONS OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $36,737.63 – AS DETAILED IN December 13, 2016 Page 184 THE EXECUTIVE SUMMARY Item #16D8 FOUR RELEASES OF LIEN FOR FULL PAYMENT OF DEFERRAL OF 100% OF COUNTYWIDE IMPACT FEES FOR OWNER-OCCUPIED AFFORDABLE HOUSING UNITS IN THE AMOUNT OF $45,219.07 – INCLUDES PROPERTY AT 3804 JUSTICE CIRCLE, IMMOKALEE AND PROPERTIES IN NAPLES AT 4510 BOTANICAL PLACE CIRCLE #304, 4450 BOTANICAL PLACE CIRCLE #404 AND 737 BRISTOL CIRCLE Item #16D9 A COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL CATEGORY “A” GRANT AGREEMENT WITH THE CITY OF NAPLES FOR $100,000 TO REPAIR THE CONCESSION PAVILION AT NAPLES LOWDERMILK BEACH PARK AND MAKE A FINDING THE PROJECT PROMOTES TOURISM – A PROJECT TO REPLACE ALL HURRICANE TIE-DOWN STRAPS AND SECURE THE ROOF TRUSSES WITH NEW STAINLESS STEEL FASTENERS EXPECTED TO BE COMPLETED BY OCTOBER, 2017 Item #16D10 MEMORANDUM OF UNDERSTANDING WITH SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD FOR FUNDS TO PROVIDE UP TO 130 KINDERGARTEN THROUGH 5TH GRADE STUDENTS RECREATIONAL OPPORTUNITIES AT COLLIER COUNTY PARKS AND RECREATION FACILITIES December 13, 2016 Page 185 DURING THE SUMMER – TO IMPLEMENT THE IMMOKALEE OUT-OF-SCHOOL TIME INITIATIVE THAT WILL PROVIDE SUMMER CAMP AND TUTORING PROGRAMS FROM JUNE 1 THROUGH AUGUST 31, 2017 IN IMMOKALEE AND A TOTAL BUDGET OF $71,500 Item #16D11 THE SEVENTH AMENDMENT TO THE SUBRECIPIENT AGREEMENT WITH BIG CYPRESS HOUSING CORPORATION, TO INCREASE FUNDING IN THE AMOUNT OF $60,000 TO ADD FENCING, AND EXTEND PROJECT COMPLETION DATE FROM JANUARY 17, 2017 TO OCTOBER 22, 2017 FOR A PROJECT KNOWN AS HATCHER’S PRESERVE – A PROJECT APPROVED IN 2013 TO BENEFIT LOW INCOME PERSONS Item #16D12 RESOLUTION 2016-265: COLLIER COUNTY CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAFER) FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT’S COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIP AND EMERGENCY SOLUTIONS GRANT PROGRAMS FOR FY15/16 AS REQUIRED; APPROVE THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT RESOLUTION; AND AUTHORIZE THE CHAIRMAN TO CERTIFY THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT December 13, 2016 Page 186 Item #16D13 AFTER-THE-FACT SUBMITTAL OF A GRANT REQUEST TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FOR FUNDS IN THE AMOUNT OF $4,899.00 FOR THE PURCHASE AND DELIVERY OF THREE (3) BEARSAVER TRASH RECEPTACLES TO BE USED AT THREE (3) COLLIER COUNTY PARK/PRESERVE SITES – RECEPTACLES WILL BE PROVIDED AT MAX HASSE COMMUNITY PARK IN GOLDEN GATE ESTATES AND LOGAN WOODS PRESERVE PARK USING STATE FUNDS THAT ARE GENERATED FROM THE SALE OF “CONSERVE WILDLIFE” LICENSE PLATES AND HUNTING PERMITS Item #16D14 RESOLUTIONS 2016-266 (SECTION 5310); 2016-267 (SECTION 5311); AND 2016-268 (SECTION 5339-RURAL): AUTHORIZING SUBMITTAL OF FEDERAL TRANSIT ADMINISTRATION SECTIONS 5310, 5311 AND 5339-RURAL FY2017/2018 GRANT APPLICATIONS AND APPLICABLE DOCUMENTS TO FLORIDA DEPARTMENT OF TRANSPORTATION. (TOTAL ANTICIPATED FISCAL IMPACT $1,258,565.45: A FEDERAL SHARE OF $764,138.15; STATE SHARE OF $55,310.15 AND A LOCAL MATCH OF $439,117.15) Item #16D15 ELECTRONIC SUBMITTAL OF A PROJECT APPLICATION FOR FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AQUATIC HABITAT RESTORATION / December 13, 2016 Page 187 ENHANCEMENT SECTION FUNDING FOR HYDROLOGIC MODELING OF THE PEPPER RANCH PRESERVE – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D16 AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE SERVICES FOR SENIORS OLDER AMERICANS ACT TITLE IIIB PROGRAM AND APPROVE BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING FOR FY 2016 (FISCAL IMPACT OAA PROGRAMS = $19,500.00; LOCAL MATCH FUNDS = $2,166.67) – AMENDMENT NO. 5 TO CONTRACT OAA 203.16.005 Item #16D17 NECESSARY BUDGET AMENDMENTS TO REFLECT ESTIMATED GRANT FUNDING FOR THE CALENDAR YEAR 2017 OLDER AMERICANS ACT PROGRAMS IN THE AMOUNT OF $1,002,574 AND THE REQUIRED COUNTY MATCH OF $111,397.11 – FUNDING IS ESTIMATED BASED ON FY16 ALLOCATIONS TO AVOID DISRUPTION IN SERVICE AND ENSURE COMPLIANCE WITH GRANT REQUIREMENTS Item #16D18 AN AFTER-THE-FACT AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR SERVICES FOR SENIORS OLDER AMERICANS ACT TITLE IIIEG PROGRAM, BUDGET December 13, 2016 Page 188 AMENDMENT TO ENSURE CONTINUOUS FUNDING FOR FY 2016 AND RECOGNIZE MISCELLANEOUS REVENUE IN THE C1 AND C2 PROGRAM. (FISCAL IMPACT: GRANT FUNDS $6,512.00; MATCH FUNDS $723.56; MISC. FUNDS $1,823.00) – – AMENDMENT NO. 7 TO CONTRACT OAA 203.16.007 Item #16D19 AN AFTER-THE-FACT AMENDMENT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. TO EXTEND THE GRANT PERIOD THROUGH FEBRUARY 28, 2017 FOR THE OLDER AMERICANS ACT PROGRAMS. (NO FISCAL IMPACT) – AMENDMENT NO. 6 TO CONTRACT OAA 203.16.006 Item #16D20 CHANGE ORDER NO. 5 FOR CONTRACT #13- 6178, CONSTRUCTION, ENGINEERING AND INSPECTION (CEI) SERVICES, WITH HOLE MONTES, INC. TO INCREASE THE CONTRACT AMOUNT $103,000 FOR VANDERBILT BEACH MSTU UTILITY CONVERSION PROJECT PHASES II AND III – AN INCREASE FOR ADDITIONAL SERVICES TO MONITOR SEVERAL UTILITY COMPANIES AND DELAYS IN COORDINATING DESIGN AND IMPLEMENTATION Item #16D21 ACCEPTING THE TENTATIVE SETTLEMENT AMOUNT OF $16,000, IN FORECLOSURE ACTION STYLED FIFTH THIRD MORTGAGE CO. V. MELISSA D. WHITE, COLLIER COUNTY, ET. December 13, 2016 Page 189 AL. (CASE NO. 16-CA-1715), NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, AND AUTHORIZE THE CHAIR TO EXECUTE THE SATISFACTION OF MORTGAGE – THE RESULT OF A $23,435 SHIP GRANT AWARDED IN 2006 ON PROPERTY AT 1322 WILDWOOD LAKES BOULEVARD IN FORECLOSURE Item #16D22 COLLIER COUNTY UNIVERSITY EXTENSION DEPARTMENT REQUEST FOR FUNDING FROM THE COLLIER COUNTY 4-H ASSOCIATION IN THE AMOUNT OF $79,880; APPROVE A SUBSEQUENT ACCEPTANCE OF REQUESTED FUNDS; AUTHORIZE THE CHAIRMAN TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE COLLIER COUNTY 4-H ASSOCIATION; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – FUNDING SALARIES TO OPERATE OUTREACH EDUCATIONAL ACTIVITIES IN AND AFTER SCHOOL WITHIN COLLIER COUNTY COMMUNITIES Item #16D23 AWARDING A WORK ORDER UNDER CONTRACT #16-6618 IN THE AMOUNT OF $49,295 TO COMPASS CONSTRUCTION, INC. FOR RENOVATION OF THE BAREFOOT BEACH CONCESSION FACILITY, MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – AS DETAILED IN THE EXECUTIVE SUMMARY December 13, 2016 Page 190 Item #16D24 AWARDING INVITATION TO BID #17-7055 IN THE AMOUNT OF $744,018 TO COMPASS CONSTRUCTION FOR THE “EAST NAPLES COMMUNITY PARK PICKLEBALL SHADE STRUCTURE’, AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT, MAKE A FINDING THIS EXPENDITURE PROMOTES TOURISM, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS Item #16D25 – Voting Conflict Declared by Commissioner Solis (During Agenda Changes) WORK ORDER UNDER CONTRACT #13-6164, PROFESSIONAL SERVICES FOR ENGINEERS AND ARCHITECTS, AWARDED TO FORGE ENGINEERING INC., FOR GEOTECHNICAL TESTING AT CLAM PASS PARK IN THE AMOUNT OF $4,965 AND MAKE A FINDING THIS EXPENDITURE PROMOTES TOURISM – RELATED TO A CLAM PASS PROPOSED PARKING AREA WALL Item #16D26 RESOLUTION 2016-269: AUTHORIZING THE CHAIRMAN TO SIGN A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $274,500 TO PROVIDE NEW SEASONAL PARK- AND RIDE BEACH CIRCULATOR SERVICE TO DELNOR- WIGGINS AND VANDERBILT BEACHES FOR COLLIER AREA TRANSIT; APPROVE A RESOLUTION AUTHORIZING THE CHAIR TO SIGN THE AGREEMENT; MAKE A FINDING THE December 13, 2016 Page 191 TOURIST DEVELOPMENT TAX EXPENDITURE PROMOTES TOURISM, AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS – THE PROPOSED ROUTE WILL RUN MONDAY THROUGH SUNDAY FROM 9:00 A.M. TO 3:00 P.M. ALONG LIVINGSTON ROAD, VANDERBILT BEACH ROAD, GULFSHORE BOULEVARD AND BLUEBILL AVENUE TO ACCESS BEACHES ALONG VANDERBILT FOR A ONE-WAY FARE OF $1.50 AND 75¢ FOR CHILDREN 17 AND UNDER Item #16E1 PURCHASE OF GROUP HEALTH REINSURANCE COVERAGE THROUGH SUN LIFE EFFECTIVE JANUARY 1, 2017 Item #16E2 CHAIRMAN TO SIGN AN AMENDED AND RESTATED AGREEMENT WITH NAPLES PHYSICIAN HOSPITAL ORGANIZATION D/B/A COMMUNITY HEALTH PARTNERS FOR UTILIZATION MANAGEMENT AND LARGE CASE MANAGEMENT SERVICES – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E3 FIRST AMENDMENT TO THE LEASE WITH AMERICAN NATIONAL INSURANCE COMPANY FOR CONTINUED USE OF OFFICE SPACE FOR PELICAN BAY SERVICES – EXTENDS THE CURRENT LEASE 3-YEARS WITH A 2-YEAR RENEWAL Item #16E4 December 13, 2016 Page 192 CHAIRMAN TO SIGN THE ASSUMPTION AGREEMENT FROM RIVA MODELING SYSTEMS INC. TO POWERPLAN INC., AS IT RELATES TO RFP #13-6064 “ASSET MANAGEMENT SOFTWARE AND CONSULTING” – POWERPLAN INC. ACQUIRED RIVA MODELING SYSTEMS FEBRUARY 8, 2016 Item #16E5 RESOLUTION 2016-270: ADOPTING THE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FOR COLLIER COUNTY AND ITS MUNICIPALITIES, AS SPECIFIED IN FLORIDA ADMINISTRATIVE CODE Item #16E6 A MEMORANDUM OF UNDERSTANDING BETWEEN CONCIERGE MEDICAL TRANSPORT, LLC, AND COLLIER COUNTY FOR INSTANCES WHERE MASS CASUALTY EVENTS MAY OCCUR AND ADDITIONAL RESOURCES AND SUPPORT WOULD BE REQUESTED DURING AN EMERGENCY EVENT – THE MOU WILL AUTOMATICALLY RENEW EVERY YEAR Item #16E7 REJECT THE RESPONSES RECEIVED FOR INVITATION TO BID (ITB) #16-6565 “COUNTYWIDE CHEMICALS” AND RE- SOLICIT – WILL INCLUDE REVISED DETAILED INSTRUCTIONS ADDRESSING SUBMISSION OF BIDS AND THE VENDOR’S RESPONSIBILITY TO CONFIRM THE BID December 13, 2016 Page 193 WAS SUCCESSFULLY SUBMITTED Item #16E8 RENEWING THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR ADVANCED LIFE SUPPORT TRANSPORT FOR 1-YEAR AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE PERMIT AND CERTIFICATE – THE RENEWED COPCN AND PERMIT WILL COMMENCE JANUARY 1, 2017 AND EXPIRE DECEMBER 31, 2017 Item #16E9 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS, SURPLUS PROPERTY AND OTHER ITEMS AS IDENTIFIED – FOR CHANGE ORDERS COVERING THE PERIOD OCTOBER 18 - OCTOBER 21, 2016 AND A SURPLUS REPORT FROM OCTOBER 25 - NOVEMBER 21, 2016 Item #16F1 RECOGNIZING THE DEVELOPER OF THE HAMMOCK PARK COMMERCE CENTER (DEVELOPER) HAS PAID SUFFICIENT FUNDS TO MEET THE CURRENT CERTIFICATE OF PUBLIC FACILITY ADEQUACY (COA) REQUIREMENT NEEDED TO ACHIEVE A COA IN PERPETUITY BASED UPON MODIFICATIONS TO THE CONSOLIDATED IMPACT FEE ORDINANCE AND APPROVE AN ASSIGNMENT OF ROAD IMPACT FEE CREDITS – AS DETAILED IN THE EXECUTIVE December 13, 2016 Page 194 SUMMARY Item #16F2 CHAIRMAN TO SIGN A 1-YEAR EXTENSION TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE EARLY LEARNING COALITION OF SOUTHWEST FLORIDA INC. TO PROVIDE LOCAL MATCH FUNDS IN THE AMOUNT OF $75,000 IN FISCAL YEAR 2017 – EXTENSION NO. 5 TO THE MEMORANDUM AND FOR THE TIME PERIOD BEGINNING OCTOBER 1, 2016 THRU SEPTEMBER 30, 2017 Item #16F3 AMENDMENT #1 TO A TOURISM CATEGORY B CONTRACT BETWEEN COLLIER COUNTY AND FOOTBALL UNIVERSITY, LLC FOR 2016 FOOTBALL UNIVERSITY (FBU) EVENT EXPENSES WITH THE REVISED LOCAL SUPPORT BUDGET OF $136,735 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM – INCREASING EXPENSES $50,735 AND CHANGING PAYABLE EXPENSES Item #16F4 - Continued to the January 10, 2017 BCC Meeting (Per Commissioner Solis during Agenda Changes) RECOMMENDATION TO APPROVE A BUDGET AMENDMENT TRANSFERRING $100,000 FROM PELICAN BAY SERVICES DIVISION (PBSD) STREET LIGHTING FUND 778 RESERVES FOR FUTURE CONSTRUCTION TO THE STREET LIGHTING FIELD COST CENTER 652992 FOR THE December 13, 2016 Page 195 ADDITION OF 3 STREET LIGHT POLES AND FIXTURES; REPLACEMENT OF METAL HALIDE (MH) FIXTURES ON EXISTING LIGHTS; AND REPLACING MH BULBS WITH PLUG AND PLAY LED BULBS ON POLES ON GULF PARK DR Item #16F5 RESUBMITTAL OF THE ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) GRANT APPLICATION FOR THE FLORIDA CULINARY ACCELERATOR @ IMMOKALEE TO INCREASE THE AMOUNT OF THE AWARD FROM $800,000 TO $1,000,000 AS RECOMMENDED BY THE EDA – AFTER SUBMITTING THE INITIAL APPLICATION AND FURTHER DISCUSSIONS WITH THE EDA REGARDING IMMOKALEE’S ACCELERATOR PROJECT, THE EDA WILL CONSIDER THE RESUBMITTAL OF THE GRANT APPLICATION IN THE INCREASED AMOUNT OF $1,000,000 FOR FACILITY IMPROVEMENTS TO THE IMMOKALEE ACCELERATOR Item #16G1 A DEBT PAYMENT AGREEMENT BETWEEN RAVEN AIR MARCO ISLAND, LLC D/B/A ISLAND HOPPERS (RAVEN AIR) AND THE COLLIER COUNTY AIRPORT AUTHORITY (AUTHORITY) – ALTHOUGH RAVEN AIR HAS AN OUTSTANDING BALANCE OF $11,973.51, THE OWNER INFORMED STAFF HE EXPECTS THE BUSINESS WILL CHANGE OWNERSHIP BY DECEMBER 30, 2016 AND ANY BALANCE WILL BE PAID IN FULL BY FEBRUARY 28, 2017 December 13, 2016 Page 196 Item #16G2 RESOLUTION 2016-271: BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY, APPROVES THE PROPOSED RATE SCHEDULES FOR EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO ISLAND EXECUTIVE AIRPORT FOR CALENDAR-YEAR 2017 Item #16G3 RESOLUTION 2016-272: AUTHORIZING SUBMITTAL OF A GRANT REQUEST THROUGH SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC), TO THE US ENVIRONMENTAL PROTECTION AGENCY (EPA) TO FUND A BROWNFIELDS COALITION ASSESSMENT GRANT TO IDENTIFY AND ADDRESS POTENTIAL BROWNFIELD SITES WITHIN SOUTHWEST FLORIDA (SWFL) PROMISE ZONE REGIONS OF HENDRY, GLADES, AND COLLIER COUNTIES AND AUTHORIZING THE CHAIRMAN TO EXECUTE ANY AND ALL DOCUMENTS PERTAINING THERETO AND PROVIDING FOR AN EFFECTIVE DATE AND A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BOARD) AND THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL (RPC) TO FORM A BROWNFIELD ASSESSMENT COALITION IN ORDER TO APPLY FOR FUNDING OPPORTUNITIES THROUGH THE EPA’S BROWNFIELDS ASSESSMENT GRANT PROGRAM Item #16H1 December 13, 2016 Page 197 OFFICIALLY NAMING THE INTERSECTION OF THOMASSON DRIVE AND BAYSHORE DRIVE “DEL’S CORNER” AND PROVIDING A SIGN TO INDICATE THE NEW NAME WITH A CEREMONY AT THE TIME OF INSTALLATION – TO RECOGNIZE DEL ACKERMAN WHO ESTABLISHED DEL’S 24 ON THE CORNER OF THOMASSON DRIVE AND BAYSHORE DRIVE OVER 50 YEARS AGO Item #16J1 EXECUTION OF THE GRANT AWARD FOR THE COLLIER COUNTY SHERIFF’S OFFICE FY2017 VOCA GRANT AWARD IN THE AMOUNT OF $167,128.50 AND APPROPRIATING A BUDGET AMENDMENT Item #16J2 A BUDGET AMENDMENT IN THE AMOUNT OF $250,000 FROM THE CLERK’S COURT AGENCY FUND 651 TO THE SHERIFF FOR CRIMINAL JUSTICE TRAINING AND EDUCATIONAL EXPENSES IN ACCORDANCE WITH SECTION 938.15, FLORIDA STATUTES – FOR FUNDING COLLECTED VIA A $2.50 MANDATORY COURT COST PAID FOR ALL TRAFFIC INFRACTIONS THAT IS USED TO HELP PAY FOR CRIMINAL JUSTICE EDUCATION AND TRAINING Item #16J3 THE USE OF $20,000 FROM CONFISCATED TRUST FUNDS TO SUPPORT DRUG FREE COLLIER December 13, 2016 Page 198 Item #16J4 A BUDGET AMENDMENT TO INCREASE CURRENT MATCH FOR THE COPS HIRING (2012ULWX0008) GRANT AWARD FOR THE COLLIER COUNTY SHERIFF’S OFFICE IN THE AMOUNT OF $82,482.45 Item #16J5 A BUDGET AMENDMENT TO INCREASE THE CURRENT MATCH FOR THE COPS HIRING (2013ULWX0047) GRANT AWARD FOR THE COLLIER COUNTY SHERIFF’S OFFICE IN THE AMOUNT OF $160,389 Item #16J6 ACCEPTING THE REPORT OF INTEREST FOR FISCAL YEAR ENDING SEPTEMBER 30, 2016 PURSUANT TO FLORIDA STATUTE 218.78 AND THE PURCHASING ORDINANCE FOR THE YEAR ENDING SEPTEMBER 30, 2016 – REPORTING AN INTEREST PAYMENT IN THE AMOUNT OF $93.16 Item #16J7 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIOD BETWEEN NOVEMBER 3 - NOVEMBER 30, 2016, PURSUANT TO FLORIDA STATUTE 136.06 December 13, 2016 Page 199 Item #16J8 – Opinion Noted (Per Agenda Change Sheet) REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF DECEMBER 7, 2016, PURSUANT TO THE BOARD’S PURCHASING ORDINANCE 2013-69, AS AMENDED Item #16K1 RESOLUTION 2016-273: RE-APPOINTING WILLIAM J. VARIAN (GENERAL CONTRACTOR), JEREMY STERK (ENVIRONMENTAL CONSULTING), ROBERT J. MULHERE (LAND PLANNER), DAVID DUNNAVANT (DEVELOPER) AND APPOINTING BRADLEY SCHIFFER (ARCHITECT) WITH ALL TERMS EXPIRING DECEMBER 14, 2020 TO DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) Item #16K2 RESOLUTION 2016-274: APPOINTING WILLIAM A. HARRIS (DISTRICT #2 RESIDENT) TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE AND A 4-YEAR TERM EXPIRING NOVEMBER 13, 2020 Item #16K3 RESOLUTION 2016-275: RE-APPOINTING MARJORIE HALL GAGNON AND APPOINTING JOY ANN WHITE TO THE LIBRARY ADVISORY BOARD, TO 4-YEAR TERMS EXPIRING December 13, 2016 Page 200 DECEMBER 31, 2020 Item #16K4 RESOLUTION 2016-276: APPOINTING MARCO ISLAND CITY COUNCILMAN VICTOR RIOS, (REPRESENTING MARCO ISLAND) BE APPOINTED TO THE TOURIST DEVELOPMENT COUNCIL AND FILLING THE REMAINDER OF A VACANT TERM EXPIRING APRIL 21, 2020 Item #16K5 RESOLUTION 2016-277: RE-APPOINTING ELIZABETH M. PERDICHIZZI, (CITIZEN AT LARGE) TO A TERM EXPIRING OCTOBER 1, 2019 AND APPOINTING STUART W. MILLER (REAL ESTATE) TO FILL THE REMAINDER OF A TERM EXPIRING OCTOBER 1, 2017, TO THE HISTORIC ARCHAEOLOGICAL PRESERVATION BOARD Item #16K6 A JOINT MOTION AND FINAL JUDGMENT IN THE AMOUNT OF $11,174.05 FOR PARCEL 199RDUE, IN THE LAWSUIT CAPTIONED COLLIER COUNTY V. JOSE ACOSTA, ET AL, CASE NO. 2015-CA-077, REQUIRED FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS TO GOLDEN GATE BOULEVARD PROJECT #60040. (FISCAL IMPACT: $8,354.05) Item #16K7 RESOLUTION 2016-278: APPOINTING PAUL ANDERSON, JR., December 13, 2016 Page 201 TO THE REMAINDER OF A TERM EXPIRING APRIL 4, 2019 AND YVAR PIERRE, TO THE REMAINDER OF A TERM EXPIRING APRIL 4, 2018, TO THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD Item #16K8 RESOLUTION 2016-279: APPOINTING PAUL ANDERSON, JR. TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITTEE, FILLING THE REMAINDER OF A TERM EXPIRING SEPTEMBER 23, 2020 Item #16K9 RETAINING WILLIAM B. SMITH, ESQ., FOR MEDIATION SERVICES IN THE EMINENT DOMAIN CASE STYLED COLLIER COUNTY V. OCTAVIO M. ALFONSO, ET AL, CASE NO. 15-CA-230, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA, AND AUTHORIZE THE COUNTY ATTORNEY TO RETAIN MR. SMITH FOR ADDITIONAL MEDIATION UNDER THE TERMS OF THE ATTACHED LETTER Item #16K10 A STIPULATED FINAL JUDGMENT AND AUTHORIZE THE CHAIRMAN TO EXECUTE A SETTLEMENT AGREEMENT AND LANDSCAPE MAINTENANCE AGREEMENT FOR PARCEL NOS. 101FEE AND 101TCE IN THE AMOUNT OF $385,581 IN THE LAWSUIT STYLED COLLIER COUNTY V. FLORIDA POWER AND LIGHT COMPANY, ET AL., CASE NO. December 13, 2016 Page 202 13-CA-1329 FOR COLLIER BOULEVARD ROAD IMPROVEMENT PROJECT NO. 68056. (FISCAL IMPACT: $139,581) Item #17A RESOLUTION 2016-280: AMENDING THE GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, TO AMEND THE AREA OF CRITICAL STATE CONCERN OVERLAY WITHIN THE FUTURE LAND USE ELEMENT, PROVIDE FOR AN AGREEMENT PURSUANT TO SECTION 380.032(3) FLORIDA STATUTES; AND UPDATE AND CLARIFY TEXT AND CORRECT MAP ERRORS AND OMISSIONS SPECIFICALLY AMENDING THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT; FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES; GOLDEN GATE AREA MASTER PLAN FUTURE LAND USE MAP; STORMWATER MANAGEMENT SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT TO REMOVE THE DISCHARGE RATES; TRANSPORTATION ELEMENT AND TRANSPORTATION MAP SERIES; AND THE CAPITAL IMPROVEMENT ELEMENT, FOR TRANSMITTAL TO FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR REVIEW AND COMMENTS RESPONSE (TRANSMITTAL HEARING) (PL-20130002637/CPSP-2013-11) Item #17B ORDINANCE 2016-40: AMENDING ORDINANCE 92-43, WHICH REZONED PROPERTY TO BE CONSISTENT WITH THE GROWTH MANAGEMENT PLAN; BY DELETING SINGLE December 13, 2016 Page 203 ACCESS RESTRICTION ON LOTS 1 – 5 OF THE DEMERE LANDING SUBDIVISION LOCATED ON THE CORNER OF BAYSHORE DRIVE AND BECCA AVENUE Item #17C ORDINANCE 2016-41: AMENDING ORDINANCE 2004-41, AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR A PROJECT TO BE KNOWN AS THE NEW HOPE MPUD, TO ALLOW AN 800 SEAT CHURCH AND CONSTRUCTION OF A MAXIMUM OF 319 MULTI-FAMILY DWELLING UNITS ON 39.89 +/- ACRES, BY PROVIDING FOR REPEAL OF ORDINANCE NUMBER 08-07, THE NEW HOPE MINISTRIES CFPUD; AND BY PROVIDING AN EFFECTIVE DATE. SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF SANTA BARBARA BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PUDR- PL20150002519] Item #17D December 13, 2016 Page 204 ORDINANCE 2016-42: AMENDING ORDINANCE NO. 2004-41, AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURAL ZONING DISTRICT TO THE RESIDENTIAL SINGLE FAMILY (RSF-1) FOR PROPERTY LOCATED ON THE WEST SIDE OF MORGAN ROAD, APPROXIMATELY 750 FEET NORTH OF SABAL PALM ROAD IN SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.7± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [RZ-PL20160001132] Item #17E ORDINANCE 2016-43: AMENDING ORDINANCE 2004-41, AS AMENDED, COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A COMMERCIAL INTERMEDIATE (C-3) ZONING DISTRICT, A GENERAL COMMERCIAL (C-4) ZONING DISTRICT AND A RURAL AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 69,500 SQUARE FEET OF GROSS FLOOR December 13, 2016 Page 205 AREA OF COMMERCIAL DEVELOPMENT INCLUDING A FACILITY WITH FUEL PUMPS AND RETAIL USES ON A 6.5± ACRE PARCEL TO BE KNOWN AS PRICE STREET CPUD, LOCATED AT THE SOUTHWEST CORNER OF U.S. 41 AND PRICE STREET IN SECTION 33, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20150000342] Item #17F RESOLUTION 2016-281: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2016-17 ADOPTED BUDGET Item #17G ORDINANCE 2016-44: REPEALING AND REPLACING PUBLIC SAFETY AUTHORITY ORDINANCE 2012-23, AS AMENDED, FOR THE PURPOSE OF RE-ESTABLISHING THE PUBLIC SAFETY AUTHORITY (“PSA”) AS THE EMERGENCY MEDICAL AUTHORITY (“EMA”); RESOLUTION 2016-282: RETAINING CURRENT MEMBERS OF THE PUBLIC SAFETY AUTHORITY AS MEMBERS OF THE EMERGENCY MEDICAL AUTHORITY FOR THE REMAINDER OF MEMBER APPOINTED TERMS ***** COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority i I '1 it 0', r 1 , AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 December 13, 2016 9:00 AM Commissioner Donna Fiala, District 1 — BCC Chair Commissioner Andy Solis, District 2 Commissioner Burt Saunders, District 3 Commissioner Penny Taylor, District 4— CRAB Vice-Chair TDC Chair Commissioner William L. McDaniel, Jr., District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER 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. PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST. 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." Page 1 December 13, 2016 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. 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. 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 DIVISION 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 DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Invocation by Reverend Kirt Anderson of Naples Community Church B. Swearing In Ceremony of District 2 Commissioner Solis, District 3 Commissioner Saunders and District 5 Commissioner McDaniel. Swearing In to be Administered by Collier Circuit Judge Christine H. Greider 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (ex parte disclosure provided by commission members for consent and summary Page 2 December 13, 2016 agendas.) B. October 25, 2016 - BCC/Regular Meeting Minutes C. November 15, 2016 - BCC/Regular Meeting Minutes 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation designating January 7-15, 2017 as Kindness Awareness Week in Collier County. To be accepted by Bob Votruba and his dog Bogart. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for December 2016 to Lake Michigan Credit Union of Florida. To be accepted by Miranda Sharkey, District Manager, Lake Michigan Credit Union of Florida; Susan Kuhar, Account Executive, Greater Naples Chamber of Commerce; and Bethany Sawyer, Membership Engagement Specialist, Greater Naples Chamber of Commerce. B. Recommendation to recognize Melissa Pearson, Contract Administration Specialist, Growth Management Department as the November 2016 Employee of the Month. 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 & Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item has been continued to the January 10, 2017 BCC Meeting. Page 3 December 13, 2016 This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 95-74, the Naples Heritage Golf and Country Club Planned Unit Development, and amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 5.21± acres of land zoned Rural Agricultural (A) to Naples Heritage Golf and Country Club PUD; by revising the property description; by adding a recreation area to Tract A; by revising development standards; by amending the Master Plan; by adding a tennis center conceptual site plan and a landscape buffer exhibit; and providing an effective date. The subject property, consisting of 563± acres, is located south of Davis Boulevard and west of Collier Boulevard in Sections 3, 4, 9 And 10, Township 50 South, Range 26 East, Collier County, Florida. [PUDZ- PL20150001416] (Companion to agenda item 9.B And 9.C) B. This item continued to the January 10, 2017 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20160001403 to disclaim, renounce and vacate the County and the public interest in Tract RW4, an approximately 100- foot wide, 1,300-foot long tract dedicated to the County for future right-of-way according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1/2 mile east of Santa Barbara Blvd., and 1-mile south of Davis Blvd, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Items 9.A and 9.C). C. This item continued to the January 10, 2017 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC-PL20160001406 to disclaim, renounce and vacate a portion of Tract C5 Conservation Area, and a portion of the 10-foot Collier County Conservation Buffer Easement within Tract C5, as shown on Naples Heritage Golf and Country Club Phase One, Plat Book 26, page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1/2 mile east of Santa Barbara Blvd, and 1-mile south of Davis Blvd, in Section 9, Township 50 Page 4 December 13, 2016 South, Range 26 East, Collier County, Florida. (This is a companion to Agenda Items 9.A and 9.B). D. This item to be heard at 11:00 a.m. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 92-08, the Courthouse Shadows Planned Unit Development, by increasing the maximum square footage of the shopping center and outparcels by 18,000 square feet for a total of 165,000 gross square feet of floor area; by amending Ordinance Number 2004-41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional .35+/- acres of land zoned Commercial Intermediate District in the Mixed Use Subdistrict of the Gateway Triangle Mixed Use District Overlay (C-3-GTMUD-MXD) to the Courthouse Shadows PUD; by adding a Membership Warehouse Club with associated liquor store use and ancillary Facility with Fuel Pumps as a permitted use; by revising the development standards; by amending the master plan; and adding deviations. The property is located on the south side of US 41 and opposite Airport Pulling Road in Sections 11, 12 and 13, Township 50 South, Range 25 East, Collier County, Florida consisting of 20.35+/- acres; and by providing an effective date [PUDZ- PL20120001515]. 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to direct the County Attorney to advertise and bring back to the Board an ordinance that will implement a twelve month moratorium on new applications for development orders for uses authorized by the Commercial Four (C-4) and Commercial Five (C-5) zoning districts, as well as gas stations, pawn shops and car washes in all commercial districts on both sides of U.S. 41 from the Palm Street/Commercial Drive/U.S.41 intersection to the Price Street/U.S.41 intersection, and direct staff to develop and bring forward Land Development Code amendments to promote the Vision for the East Trail Corridor Study. Note by County Attorney: Approval of this item will immediately commence the moratorium period pending future Board action on the Ordinance. B. Discussion with the Board of County Commissioners (Board) to consider support for re-establishing funding of the Conservation Collier Program for Page 5 December 13, 2016 the continued acquisition, protection, restoration and management of environmentally sensitive lands in Collier County. C. Discussion with the Board of County Commissioners (Board) concerning the collection of data and analysis for the future establishment of a Business and Regulatory Ombudsman to streamline rules, zoning regulations, ordinances and policies supporting entrepreneurship and business growth in Collier County. D. Request that the Board of County Commissioners (Board) enter into a Memorandum of Understanding with the Clerk of the Circuit Court and Comptroller. 11. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. Recommendation to evaluate the initial feasibility of developing a professional baseball spring training facility through a public private partnership and to request guidance on future direction. (Leo E. Ochs, Jr., County Manager) B. Recommendation to award Contract No. 16-7018, Logan Boulevard Extension from Azalea Drive to Lee County line, to Bonness, Inc., in the amount of$4,444,063.00, Project No. 33464. (Jay Ahmad, Transportation Engineering Division Director) C. Recommendation to approve Amendment No. 1 to Agreement No. 15-6447 with Kelly Brothers, Inc. (and corresponding deductive Change Order No. 4), resulting from a Cost Saving Initiative (CSI) Proposal from the contractor reducing the contract amount by $545,190.19 for the construction of the Chokoloskee Bridge, Project No. 66066.9. (David Wilkison, Department Head, Growth Management Department) D. Recommendation to award Bid #16-6688, "Northeast Recycling Drop-off Center," to Wright Construction Group in the amount of$7,300,141 for construction of the Northeast Recycling Drop-off Center, Project Number 59009. (Dan Rodriguez, Solid and Hazardous Waste Management Division Director) E. Recommendation to authorize a three year Microsoft Enterprise Agreement from SHI International Corporation for Microsoft software and licenses in Page 6 December 13,2016 the estimated amount of$1,860,000 and authorize additional software and license purchases for the term of this agreement utilizing the State of Florida Contract #43230000-15-02 through the issuance of a Collier County Purchase Order. (Mike Berrios, Information Technology Division Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve an extension through June 7, 2017 for completion and final acceptance of required subdivision improvements associated with Marsala at Tiburon (AR-7629) subdivision. 2) Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Naples Motorcoach Resort, Application Number AR-12512 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 3) Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Vercelli, Application Page 7 December 13, 2016 Number AR-9669 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 4) Recommendation to authorize the Clerk of Courts to release an Irrevocable Standby Letter of Credit in the amount of$162,690 to Amberton Properties, LLC., which was posted as a guaranty for a Site Development Plan (SDP), (AR-3172) for work associated with Amberton a/k/a Indian Hills. 5) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$25,000 to James A. Nulf, Jr., which was posted as a guaranty for Excavation Permit Number 60.118, PL20140000741 for work associated with the Windward Isle. 6) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$72,708.79 to Habitat for Humanity of Collier County, Inc., which was posted as a guaranty for Excavation Permit Number PL20140002259, for work associated with Legacy Lakes. 7) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$191,620 to CC Ave Maria, LLC, which was posted as a guaranty for Excavation Permit Number 59.902- 19, PL20140000067 for work associated with Maple Ridge Reserve at Ave Maria Phase 3. 8) Recommendation to approve final acceptance and unconditional conveyance of the sewer utility facilities for Traditions- The Villas at Grey Oaks, and Traditions- The Golf Residences at Grey Oaks, Project #2005060003, PL20120001994, PL20140002314, and PL20140002319, and to authorize the County Manager, or his designee, to release the Utilities Performance Security bond and Final Obligation Bond in the total amount of$59,652.70 to the Project Engineer or the Developer's designated agent. 9) Recommendation to approve final acceptance of the potable water and sewer facilities for St. Williams Catholic Church, PL20120002684, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in Page 8 December 13, 2016 the total amount of$9,913.27 to the Project Engineer or the Developer's designated agent. 10) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Riverstone Plat 7, PL20150000064, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 11) Recommendation to approve final acceptance of the potable water and sewer facilities for Carrara at Talis Park, PL20140002502, accept unconditional conveyance of a portion of the potable water and sewer facilities, and to authorize the County Manager, or his designee, to release Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 12) Recommendation to approve final acceptance of the potable water and sewer facilities for Pelican Bay Community Center, PL20120001856 (Project #19992556), accept unconditional conveyance of a portion of the potable water facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$16,208.92 to the Project Engineer or the Developer's designated agent. 13) Recommendation to approve final acceptance of the potable water and sewer facilities for Culvers Hammock Cove, PL20150001746, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$7,307.01 to the Project Engineer or the Developer's designated agent. 14) Recommendation to approve an extension through January 13, 2018 for completion of required subdivision improvements associated with Ave Maria Unit 4, Hampton Village Phase 1 (AR-8879) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). 15) Recommendation to approve an extension through September 26, 2018 for completion of required subdivision improvements associated Page 9 December 13, 2016 with Ave Maria Unit 9, Del Webb at Ave Maria Parcels 101, 103, 104 & 105 (AR-9168) subdivision pursuant to Section 10.02.05 C.2 of the Collier County Land Development Code (LDC). 16) Recommendation to approve the release of a code enforcement lien with an accrued value of$50,730.43 for payment of$680.43 in the code enforcement action entitled Board of County Commissioners v. Robert F. Logan and Mary B. Logan, Code Enforcement Board Case No. CEPM20150003240 relating to property located at 5860 Cloudstone Court, Collier County, Florida. 17) Recommendation to approve the release of a code enforcement lien with an accrued value of$35,028.21 for payment of$328.21 in the code enforcement action entitled Board of County Commissioners v. Daniela F. Suarez. Code Enforcement Board Case No. CEEX20130011469 relating to property located at 1031 19th Street SW, Collier County, Florida. 18) Recommendation to approve the release of a code enforcement lien with an accrued value of$9,364.88 for payment of$1,800 in the code enforcement action entitled Board of County Commissioners v. Celsos T. Camargo and Santa V. Camargo, Code Enforcement Board Case No. CEOCC20150007305 relating to property located at 420 Alachua Street, Collier County, Florida. 19) Recommendation to approve the release of two code enforcement liens with an accrued value of$700,947 for payment of$1,897 in the code enforcement actions entitled Board of County Commissioners v. Dreamscape Homes, Inc., Code Enforcement Board Case No. 2003081576 and Board of County Commissioners v. Elias Nicot, Code Enforcement Board Case No. CESD20100003911 relating to property located at 670 20th Street NE, Collier County, Florida. 20) Recommendation to approve the release of a code enforcement lien with a combined accrued value of$ 80,430.43 for payment of $10,830.43 in the code enforcement action entitled Board of County Commissioners v. Bank of America NA, Code Enforcement Board Case No. CEPM20150010803, relating to property located at 4125 Golden Gate Pkwy, Collier County, Florida. Page 10 December 13, 2016 21) Recommendation to approve the release of a code enforcement lien with an accrued value of$31,012.64 for payment in the amount of $600 in the code enforcement action entitled the Board of County Commissioners v. John Popo and Maria Perez, Code Enforcement Board Case No. CESD20100001211, relating to property located at 5400 26th Place SW, Collier County, Florida. 22) Recommendation to approve the release of a code enforcement lien with an accrued value of$137,564.43 for payment of$1,000 in the code enforcement action entitled Board of County Commissioners v. Robert M. Griffin, Code Enforcement Board Case No. CESD20100002858 relating to property located at 591 10th Avenue NW, Collier County, Florida. 23) Recommendation to approve the release of a code enforcement lien with a combined accrued value of$126,715.33 for payment of$1,000 in the code enforcement action entitled Board of County Commissioners v. MBLS Ventures LLC, Code Enforcement Board Case No. CEPM20120008938, relating to property located at 1810 19th Street SW, Collier County, Florida. 24) Recommendation to approve the release of a code enforcement liens with an accrued value of$368,123.01 for payment of$40,910.47 in the code enforcement actions entitled Board of County Commissioners v. NLJ Realestate Holding Inc. Code Enforcement Board Case Nos. CEAU20130001915 and CEPM20130001358 relating to property located at 207 N 15th Street, Collier County, Florida. 25) 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 Commercial Excavation Permit PL20160001369 to excavate 355,000 cubic yards of material and remove the material off-site from the Panther Island Mitigation Bank (PIMB) Expansion. 26) 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 Avalon Park, (Application Page 11 December 13, 2016 Number PL20160001983) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 27) 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 minor final plat of Collier Charter School, Application Number PL20160001949. 28) 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 Stonecreek— Plat Two, (Application Number PL20160000810) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 29) 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 Argo Manatee, (Application Number PL20150001677) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 30) 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 minor final plat of Golden Gate Palmetto, Application Number PL20160001472. 31) 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 Azure at Hacienda Lakes, (Application Number PL20160002657) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 12 December 13, 2016 32) 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 minor final plat of Coquina at Maple Ridge — Phase 2 and 3 Replat, Application Number PL20160002751. 33) 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 minor final plat of Naples Infiniti - Volvo, Application Number PL20160000992. This is a companion to the item to authorize the Chairman to execute a quit claim deed. (Companion to ID #2412) 34) 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 Isles of Collier Preserve Phase 9, (Application Number PL20160001197) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 35) Recommendation to grant final acceptance of the public roadway and drainage improvements in a portion of the right-of-way known as Magnolia Pond Drive, as conveyed and recorded in OR Book 2449, Pages 605 through 607, with the roadway and drainage improvements being maintained by Collier County. 36) Recommendation to award Invitation to Bid No. 16-6575 - Purchase and Delivery of Fertilizer to multiple vendors: Florikan ESA, LLC; Green Technologies, LLC; and SiteOne Landscape Supply; and authorize the Chairman to sign the attached Agreements. 37) Recommendation to direct staff to amend, as needed, the "Construction Standards Handbook for Work within the Right-of- Way, Collier County, Florida" and Land Development Code section 5.05.09 Communication Towers, to update the standards for communication towers located in the County's right-of-ways. 38) Recommendation to approve the last Friday in February, June and Page 13 December 13, 2016 October as the 2017 submittal schedule for the tri-annual Growth Management Plan(GMP) amendment cycle, with the exemption from the cycle limitations for DRI's, areas designated RACEC and Small Scale amendments. 39) Recommendation to reject the sole remaining response received for Invitation to Bid (ITB) No. 16-7038 "Aquatic Vegetation Control Services" and re-solicit. 40) Recommendation to accept for maintenance the publicly dedicated alleys within the Naples Twin Lakes subdivision, located north and south of Granada Boulevard just east of U.S. Route 41. 41) Recommendation to approve and authorize the Chairman to sign a Quit Claim Deed between Collier County ("County") and TT of Lake Shore, Inc. ("Developer") in order to reconvey to Developer a public access easement associated with the development project at Naples Infiniti - Volvo, PL20160000297, that was previously erroneously conveyed to the County. This is a companion to the final plat approval for Naples Infiniti - Volvo. (Companion to ID #2419) 42) Recommendation to authorize the necessary budget amendment to process a work order under Contract #13-6164-CEI, "Professional Services: Architect and Engineering" for Construction Engineering Inspection (CEI) services for Project Number 60190, "Airport Pulling Road north of Vanderbilt Beach Road" in the amount of$187,830 for Aim Engineering & Surveying, Inc. 43) Recommendation to approve an Interlocal Agreement with the Immokalee Water and Sewer District (the "District") for Utility work associated with the intersection improvement project located at Lake Trafford Road and North 19th Street (County Project No. 60192) and authorize the necessary budget amendments. 44) Recommendation to seek approval for the submission of two Safe Routes To School applications with the Florida Department of Transportation to fund the construction of sidewalks along Carson Road north of Westclox Drive to Eden Park Elementary School and Linwood Avenue to Shadowlawn Elementary School. Page 14 December 13, 2016 45) Recommendation to approve Department of Environmental Protection (DEP) Agreement No. LP 11030 to recognize grant funding in the amount of up to $750,000 for the construction of the Naples Park Area/Basin Infrastructure Optimization for Stormwater, Water and Sewer (Phase II) (Project Numbers 60139 and 70120). 46) Recommendation to approve a short-list of professional engineering consultants pursuant to Request for Proposal (RFP) #15-6471, Design Services for Local Agency Program (LAP) Funded Projects and to authorize entering into negotiations between Collier County and Johnson Engineering, Inc., for "Engineering & Design Services for LAP Funded Projects." Growth Management Grant Fund 711. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA), execute the First Amendment to the Bare License Agreement between the Bayshore Gateway Triangle Community Redevelopment Agency (CRA) and Naples Auto Donation Center (NADC), Inc. to provide for increased vehicle storage on property located at 1965 Tamiami Trail East. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a Resolution removing uncollectible accounts receivable and their respective balances from the financial records of Collier County Public Utilities Department in the amount of$14,126.36. 2) Recommendation to award Invitation to Bid #16-6687 "SCRWTP Degasification Tower Packing Media Replacement" to Indusco Environmental Services, Inc., the lowest responsive and qualified bidder, in the amount of$66,160 for the purchase of replacement degasification tower packing media at the South County Regional Water Treatment Plant. • 3) Recommendation to approve a $375,457.00 work order under Request For Quotation #14-6213-75 to Douglas N. Higgins, Inc., for the "Sludge Thickener Refurbishing Project," under the South County Regional Water Treatment Plant, Lime Softening Technical Support Page 15 December 13, 2016 Project #70109. 4) Recommendation to approve payment of five unpaid invoices to Kyle Construction Inc., in the aggregate amount of$191,437 for work properly authorized and performed 5) Recommendation to approve a $374,065 work order under Request for Quotation #14-6213-81 to Quality Enterprises USA, Inc., to replace aeration equipment under Water Reclamation Facility Technical Support Project Number 70148. 6) Recommendation to approve two Work Orders in the amounts of $386,351.52 and $604,338.68 under Annual Contract #13-6111 to Florida Service Painting, Inc., for specialized coatings for Oxidation Ditch Nos. 1 and 2, respectively, under North County Water Reclamation Facility Technical Support Project Number 70148. 7) Recommendation to approve a $245,000 work order under Request for Quotation #14-6213-78 to Quality Enterprises USA, Inc., for the structural expansion joint repairs to Oxidation Ditch No. 2 under North County Water Reclamation Facility Technical Support Project Number 70148. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve a donation of$41,874.12 as offsite preservation for Chatham Woods (PL-20150002912) to satisfy the native vegetation retention requirement, and authorize budget amendments. 2) Recommendation to adopt a resolution authorizing the removal of aged accounts receivable in the amount of$134,994.96, considered uncollectible or should otherwise be removed from the financial records of the Collier County Public Library in accordance with Resolution No. 2015-219. 3) Recommendation to approve and execute an Access License Agreement with Minto Sabal Bay, LLC and Isles of Collier Preserve Property Owners Association, Inc. to allow residents of the Isles of Collier Preserve neighborhood access to the East Naples Community Page 16 December 13, 2016 Park through a private entrance point. 4) Recommendation to approve an Agreement to reimburse the Collier County Sheriff's Office $59,500 for providing an off-duty deputy to provide intersection control outside of Delnor-Wiggins State Park at peak times during the year and authorize the County Manager or his designee to sign a Law Enforcement Special Detail Agreement for the provision of these services. 5) Recommendation to approve a Collier County Tourist Development Council (TDC) Category "A" Grant Application for Beach Park Facilities Enhanced Maintenance Services for Fiscal Year 2017 in the Total Amount of$46,368, approve the necessary budget amendment, and make the finding that the project promotes tourism. 6) Recommendation to approve three mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$43,550. 7) Recommendation to approve twelve mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$36,737.63. 8) Recommendation to approve four releases of liens for full payment of deferral of 100 percent of countywide impact fees for owner-occupied affordable housing units in the amount of$45,219.07. 9) Recommendation to approve and authorize the Chairman to execute a Collier County Tourist Development Council Category "A" Grant Agreement with the City of Naples for $100,000 to repair the concession pavilion at the Naples Lowdermilk Beach Park and make the finding that the project promotes tourism. 10) Recommendation to approve a Memorandum of Understanding with the Southwest Florida Workforce Development Board which will provide funds to allow up to 130 children to receive recreational opportunities at Collier County Parks and Recreation facilities during the summer. 11) Recommendation to approve the Seventh Amendment to the Page 17 December 13, 2016 Subrecipient Agreement with Big Cypress Housing Corporation, to increase funding in the amount of$60,000 to add fencing, and extend project completion date from January 17, 2017 to October 22, 2017 for the project known as Hatcher's Preserve. 12) Recommendation to approve the Collier County Consolidated Annual Performance and Evaluation Report for U.S. Department of Housing and Urban Development for Community Development Block Grant, HOME Investment Partnership and Emergency Solutions Grant for Fiscal Year 2015-2016 as required; approve the Consolidated Annual Performance and Evaluation Report Resolution; and authorize the Chairman to certify the Consolidated Annual Performance and Evaluation Report for submission to U.S. Department of Housing and Urban Development. 13) Recommendation to approve the after-the-fact submittal of a grant request to the Florida Fish and Wildlife Conservation Commission for funding in the amount of$4,899.00 for the purchase and delivery of three (3) Bearsaver Trash Receptacles for three (3) Collier County park/preserve sites. 14) Recommendation to approve Resolutions authorizing submittal of Federal Transit Administration Sections 5310, 5311 and 5339-Rural FY2017/2018 grant applications and applicable documents to the Florida Department of Transportation. (Total anticipated fiscal impact of$1,258,565.45 with a Federal share of$764,138.15, State share of $55,310.15 and local match of$439,117.15). 15) Recommendation to approve the electronic submittal of a Project Application for Florida Fish and Wildlife Conservation Commission Aquatic Habitat Restoration/Enhancement Section Funding for the hydrologic modeling of Pepper Ranch Preserve. 16) Recommendation to approve an "after-the-fact" Amendment and Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. for the Services for Seniors Older Americans Act Title IIIB program and approve budget amendment to ensure continuous funding for FY 2016. (Fiscal Impact of the OAA programs of ($19,500.00) and local match funding of($2,166.67). Page 18 December 13, 2016 17) Recommendation to authorize the necessary budget amendments to reflect estimated grant funding for the Calendar Year 2017 Older Americans Act Programs in the amount of$1,002,574 and the required County match of$111,397.11. 18) Recommendation to approve an after-the-fact Amendment and Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. for Services for Seniors Older Americans Act Title IIIEG program, budget amendment to ensure continuous funding for FY 2016 and recognize miscellaneous revenue in the Cl and C2 program. (Fiscal Impact grant funds $6,512.00 and match funds $723.56. Miscellaneous funds $1,823.00). 19) Recommendation to approve an after-the-fact Amendment and Attestation Statement with the Area Agency on Aging for Southwest Florida, Inc. to extend the grant period through February 28, 2017 for the Older Americans Act Programs. (No Fiscal Impact). 20) Recommendation to approve Change Order No. 5 for Contract No. 13-6178, Construction, Engineering and Inspection (CEI) Services, with Hole Montes, Inc. to increase the contract amount by $103,000 for the Vanderbilt Beach MSTU Utility Conversion Project Phases II and III. 21) Recommendation that the Board accept the tentative settlement amount of$16,000, in the foreclosure action styled Fifth Third Mortgage Co. v. Melissa D. White, Collier County, et. al. (Case No. 16-CA-1715), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, and authorize the Chair to execute the Satisfaction of Mortgage. 22) Recommendation to approve the Collier County University Extension Department's request for funding from the Collier County 4-H Association in the amount of$79,880; approve a subsequent acceptance of requested funds; authorize the Chairman to sign a Memorandum of Understanding with Collier County 4-H Association; and authorize the necessary Budget Amendment. 23) Recommendation to approve an expenditure under Contract Number 16-6618 to Compass Construction, Inc. for the renovation of the Page 19 December 13, 2016 Barefoot Beach Concession facility in the amount of$49,295, make a finding that this expenditure promotes tourism, and authorize the necessary budget amendment. 24) Recommendation to award Invitation to Bid No. 17-7055 to Compass Construction for the "East Naples Community Park Pickleball Shade Structure" in the amount of$744,018, authorize the Chairman to execute the contract, make a finding that this expenditure promotes tourism, and authorize the necessary budget amendments. 25) Recommendation to approve an expenditure to Forge Engineering Inc., under Contract No. 13-6164, Professional Services for Engineers and Architects, for geotechnical testing at Clam Pass Park for $4,965 and make a finding that this expenditure promotes tourism. 26) Recommendation to approve a Joint Participation Agreement with the Florida Department of Transportation in the amount of$274,500 to provide a new seasonal park-and ride beach circulator service to Delnor-Wiggins and Vanderbilt Beaches for Collier Area Transit; approve a resolution authorizing the Chair to sign the agreement; make a finding that the Tourist Development Tax expenditure promotes tourism, and authorize all necessary Budget Amendments. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to approve the purchase of Group Health Reinsurance coverage through Sun Life effective January 1, 2017. 2) Recommendation to approve and authorize the Chairman to sign an Amended and Restated Agreement with Naples Physician Hospital Organization d/b/a Community Health Partners for Utilization Management and Large Case Management Services. 3) Recommendation to approve a First Amendment to Lease with American National Insurance Company for the continued use of office space for Pelican Bay Services. 4) Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from Riva Modeling Systems Inc. to PowerPlan Inc., as it relates to RFP #13-6064 "Asset Management Page 20 December 13, 2016 Software and Consulting." 5) Recommendation to adopt by Resolution the Comprehensive Emergency Management Plan for Collier County and its Municipalities, as specified in Florida Administrative Code. 6) Recommendation to approve a Memorandum of Understanding between Concierge Medical Transport, LLC, and Collier County for instances where mass casualty events may occur and additional resources and support would be requested. 7) Recommendation to reject the responses received for Invitation to Bid (ITB) #16-6565 "Countywide Chemicals" and re-solicit. 8) Recommendation to renew the Collier County Emergency Medical Services Certificate of Public Convenience and Necessity for Advanced Life Support Transport for one year and authorize the Chairman to execute the Permit and Certificate. 9) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders, surplus property and other items as identified. F. COUNTY MANAGER OPERATIONS 1) Recommendation to recognize as sufficient the prepayment of road impact fees in the Hammock Park Commerce Center Developer Agreement to extend a temporary five-year Certificate of Public Facility Adequacy to "in perpetuity" and to approve an assignment of Road Impact Fee Credits. 2) Recommendation to approve and authorize the chairman to sign a one-year extension to the Memorandum of Understanding between the Collier County Board of County Commissioners and the Early Learning Coalition of Southwest Florida Inc. to provide local match funding in the amount of$75,000 in Fiscal Year 2017. 3) Recommendation to approve Amendment #1 to Tourism Category B Contract between Collier County and Football University, LLC for 2016 Football University (FBU) event expenses with a revised local Page 21 December 13, 2016 support budget of$136,735 and make a finding that this expenditure promotes tourism. 4) Recommendation to approve a budget amendment transferring $100,000 from Pelican Bay Services Division (PBSD) Street Lighting Fund 778 Reserves for Future Construction to the Street Lighting Field Cost Center 652992 for the addition of 3 street light poles and fixtures; replacement of metal halide (MH) fixtures on the existing lights; and replacing the MH bulbs with plug and play LED bulbs on the poles on Gulf Park Dr. 5) Recommendation to approve the resubmittal of the Economic Development Administration (EDA) grant application for the Florida Culinary Accelerator @ Immokalee to increase the amount of the award from $800,000 to $1,000,000 as recommended by the EDA. G. AIRPORT AUTHORITY 1) Recommendation to approve a Debt Payment Agreement between pp Y g Raven Air Marco Island LLC d/b/a Island Hoppers (Raven Air) and the Collier County Airport Authority (Authority). 2) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, adopts the attached Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for Calendar-Year 2017. 3) Recommendation to approve the attached Resolution and Memorandum of Understanding (MOU) between the Collier County Board of County Commissioners (BCC) and the Southwest Florida Regional Planning Council to form a Brownfields Assessment Coalition to apply for grant funds from the US Environmental Protection Agency (EPA) Brownfields Assessment Grant Program. H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to officially name the intersection of Thomasson Drive and Bayshore Drive "Del's Corner" and to provide signage so indicating with a naming ceremony at the time of installation. Page 22 December 13, 2016 MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to authorize execution of the grant award for the Collier County Sheriff's Office FY2017 VOCA grant award in the amount of$167,128.50 and appropriate a budget amendment. 2) Authorize a budget amendment in the amount of$250,000 from the Clerk's Court Agency fund 651 to the Sheriff for criminal justice training and educational expenses in accordance with Section 938.15, Florida Statutes. 3) Request that the Board of County Commissioners approve the use of $20,000 from the Confiscated Trust Funds to support Drug Free Collier. 4) Recommendation for a Budget Amendment to increase current match for the COPS Hiring (2012ULWX0008) grant award for the Collier County Sheriff's Office in the amount of$82,482.45. 5) Recommendation for a Budget Amendment to increase current match for the COPS Hiring (2013ULWX0047) grant award for the Collier County Sheriff's Office in the amount of$160,389. 6) Recommendation to accept the report of interest for the fiscal year ending September 30, 2016 pursuant to Florida Statute 218.78 and the Purchasing Ordinance for the year ending September 30, 2016. 7) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between November 3 to November 30, 2016 pursuant to Florida Statute 136.06. 8) Pursuant to the Board's Purchasing Ordinance 2013-69, as amended, request that the Board approve and determine valid public purpose for invoices payable and purchasing card transactions as of December 7, 2016. Page 23 December 13, 2016 K. COUNTY ATTORNEY 1) Recommendation to appoint five members to the Development Services Advisory Committee. 2) Recommendation to appoint one member to the Vanderbilt Beach Beautification MSTU Advisory Committee. 3) Recommendation to appoint two members to the Library Advisory Board. 4) Recommendation to appoint a member to the Tourist Development Council. 5) Recommendation to appoint two members to the Historic/Archaeological Preservation Board 6) Recommendation to approve a Joint Motion and Final Judgment in the amount of$11,174.05 for Parcel 199RDUE, in the lawsuit captioned Collier County v. Jose Acosta, et al, Case No. 2015-CA-077, required for the construction of roadway improvements to Golden Gate Boulevard Project No. 60040. (Fiscal Impact: $8,354.05) 7) Recommendation to appoint two members to the Immokalee Local Redevelopment Advisory Board. 8) Recommendation to appoint a member to the Immokalee Beautification MSTU Advisory Committee. 9) Recommendation to approve retaining William B. Smith, Esq., for mediation services in the eminent domain case styled Collier County v. Octavio M. Alfonso, et al, Case No. 15-CA-230, now pending in the Twentieth Judicial Circuit Court for Collier County, Florida, and authorize the County Attorney to retain Mr. Smith for additional mediations under the terms of the attached letter. 10) Recommendation to approve a Stipulated Final Judgment and authorize the Chairman to execute a Settlement Agreement and Landscape Maintenance Agreement for Parcel Nos. 101 FEE and Page 24 December 13, 2016 101TCE in the amount of$385,581 in the lawsuit styled Collier County v. Florida Power and Light Company, et al., Case No. 13-CA- 1329 for the Collier Boulevard road improvement project. (Project No. 68056) (Fiscal Impact $139,581). 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. Recommendation to approve County-initiated amendments to the Growth Management Plan, Ordinance 89-05, as amended, to amend the Area of Critical State Concern overlay within the Future Land Use Element to provide for an agreement pursuant to Section 380.032(3) Florida Statutes; and to update and clarify text and correct map errors and omissions specifically amending the Conservation and Coastal Management Element; Future Land Use Element and Future Land Use Map and Map Series; Golden Gate Area Master Plan Future Land Use Map; Stormwater Management Sub-Element of the Public Facilities Element to remove the discharge rates; Transportation Element and Transportation Map Series; and the Capital Improvement Element, for Transmittal to the Florida Department of Economic Opportunity for Review and Comments Response. (Transmittal Hearing) (PL-20130002637/CPSP-2013-11) B. Recommendation to approve an Ordinance amending Ordinance 92-43, which rezoned property to be consistent with the Growth Management Plan; by deleting the single access restriction on Lots 1 — 5 of the Demere Landing Subdivision located at the corner of Bayshore Drive and Becca Avenue. C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance Page 25 December 13, 2016 amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Community Facility Planned Unit Development known as New Hope Ministries CFPUD zoning district to a Mixed Use Planned Unit Development (MPUD) zoning district for the project to be known as the New Hope MPUD, to allow an 800 seat church and construction of a maximum of 319 multi-family dwelling units on 39.89 +/- acres, by providing for repeal of Ordinance Number 08- 07, the New Hope Ministries CFPUD; and by providing an effective date. The subject property is located on the north side of Davis Boulevard east of Santa Barbara Boulevard in Section 4, Township 50 South, Range 26 East, Collier County, Florida [PUDR-PL20150002519]. D. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Rural Agricultural zoning district to the Residential Single Family (RSF-1) for property located on the west side of Morgan Road, approximately 750 feet north of Sabal Palm Road in Section 23, Township 50 South, Range 26 East, Collier County, Florida, consisting of 5.7± acres; and by providing an effective date. [RZ- PL20160001132] E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a commercial intermediate (C-3) zoning district, a general commercial (C-4) zoning district and a rural agricultural (A) zoning district to a commercial planned unit development (CPUD) zoning district to allow up to 69,500 square feet Page 26 December 13, 2016 of gross floor area of commercial development including a facility with fuel pumps and retail uses on a 6.5± acre parcel to be known as Price Street CPUD, located at the southwest corner of U.S. 41 and Price Street in Section 33, Township 50 South, Range 26 East, and Section 4, Township 51 South, Range 26 East, Collier County, Florida; and by providing an effective date [PUDZ-PL20150000342]. F. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2016-17 Adopted Budget. G. Recommendation to adopt an Ordinance repealing and replacing the Public Safety Authority Ordinance No. 2012-23, as amended, for the purpose of reestablishing the Public Safety Authority ("PSA") as the Emergency Medical Authority ("EMA") and to approve a Resolution retaining the current PSA members as EMA members for the remainder of their established terms. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 27 December 13,2016 December 13, 2016 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:52 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL DONNA IALA, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK 16toThite , Attest as to Chairm►an'si; signature only. These minutes approved by the Board on ,r-\ \ 0 U17 as presented ' or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 206