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Agenda 06/27/2017 Item # 2B06/27/2017 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: May 23, 2017 - BCC/Regular Meeting Minutes Meeting Date: 06/27/2017 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 06/09/2017 11:01 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 06/09/2017 11:01 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 06/09/2017 11:03 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/27/2017 9:00 AM 2.B Packet Pg. 15 May 23, 2017 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 23, 2017 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: Penny Taylor Donna Fiala (Excused) Andy Solis - Vice Chair William L. McDaniel, Jr. Burt L. Saunders 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, Television Operations Manager May 23, 2017 Page 2 CHAIRMAN TAYLOR: Good morning. It's a pleasure to have you here with us today. We are relieved that there's no banging on the roof; that we can conduct our meeting in quiet. And with that, I would like to ask Pastor Michael Bannon to come up and give us the invocation, please. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE PASTOR BANNON: Good morning, and let's pray. Heavenly Father -- grateful that we can say that, "let's pray," and know that we can talk to you when you hear. Father, our hearts go out to the victims of the Manchester bombing. Unimaginable horror, the grief. I pray, Lord God, that you would bring to them deep solace in their deep sorrow; that you would bring enduring hope in the face of what must be an unimaginable hurt, and your peace that passes understanding in the midst of a pain that for now would seem inconsolable. And we give you thanks, Lord, that we live in a community that enjoys peace. I thank you for our county commissioners, thank you for their commitment to working hard to make this an enjoyable place to live. I pray that you would bless them today with great wisdom, the spirit of cooperation, good insight into what would be good for this county for the future. For all of us who are citizens of this county, help us to be their partners in this effort; that it might go well for us. And so, Father, I ask that you would bring great glory to yourself today. Amen. CHAIRMAN TAYLOR: Commissioner Saunders, I wonder if you'd lead us in the Pledge of Allegiance. COMMISSIONER SAUNDERS: Sure. May 23, 2017 Page 3 (The Pledge of Allegiance was recited in unison.) CHAIRMAN TAYLOR: Thank you very much. County Manager? Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AND SUMMARY AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Good morning, Madam Chair, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of May 23rd, 2017. The first proposed change is to withdraw Item 16A19 from your consent agenda. This is made at staff's request. The next proposed change is to move Item 17B from your summary agenda to become Item 9A on your regular agenda. This request was made by Commissioner McDaniel. The next proposed change is to acknowledge some change in the mutual release language regarding Item 16K10. That item is a recommendation to authorize your County Attorney to pursue an appeal in the litigation of Collier County versus CVS and Realty Trust Group. The County Attorney may wish to provide some additional insight on that, but you have the strikethrough language on your change sheet, Commissioners, and I'm sure Mr. Klatzkow could provide any additional information on that. I have no other changes beyond those at this time, Madam Chair. CHAIRMAN TAYLOR: Would anyone like an explanation from County Attorney Klatzkow? May 23, 2017 Page 4 COMMISSIONER SAUNDERS: Yeah. I think that would probably be appropriate. MR. KLATZKOW: Yes. It was a last-minute request by CVS. After the item had hit the agenda and went to print, they asked for that minor change, and this is the only way to do it. COMMISSIONER SAUNDERS: Madam Chair, I wonder if this is an item that -- I don't know if we need to have some conversation about that. CHAIRMAN TAYLOR: At your pleasure. COMMISSIONER McDANIEL: Can you slide your mic -- CHAIRMAN TAYLOR: At your pleasure. COMMISSIONER SAUNDERS: I don't know if the Board would want some explanation or something in terms of whether or not we should go through that, what the likelihood of success is. I know that that's probably not something that you'd want to talk about publicly. MR. KLATZKOW: No. We can talk about it. It's -- if you want to pull this to regular, we can have a full discussion on the item, or I could briefly talk about it. COMMISSIONER SAUNDERS: Why don't we do that -- CHAIRMAN TAYLOR: That's fine. COMMISSIONER SAUNDERS: -- if you don't mind, because it's a pretty big-ticket item. CHAIRMAN TAYLOR: No, not at all. I think that's a very wise decision. All right. MR. OCHS: Commissioners, that will become Item 12A this morning on the regular agenda. CHAIRMAN TAYLOR: Okay. All right. So now we'll go to any changes to this agenda and then any ex parte. County Attorney, no changes, right? MR. KLATZKOW: No changes, ma'am. May 23, 2017 Page 5 CHAIRMAN TAYLOR: Okay. Ms. Kinzel? MS. KINZEL: No. Thank you. CHAIRMAN TAYLOR: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: No changes. And ex parte extraordinaire on 17B now, I think it is; it's now 9A. I received mails, meetings, correspondence, calls, on the vacation. CHAIRMAN TAYLOR: On the vacation. MR. OCHS: No, ma'am. We'll do that as part of the item. CHAIRMAN TAYLOR: That's right. I'm sorry. Yes, when we hear the item. COMMISSIONER McDANIEL: Oh. CHAIRMAN TAYLOR: It's here in front of us, but that is correct. So no ex parte on 16A1, which is -- COMMISSIONER McDANIEL: On any of the summary or -- CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: -- consent agenda items, I have no ex parte. CHAIRMAN TAYLOR: Good. COMMISSIONER SOLIS: No changes and no ex parte. COMMISSIONER SAUNDERS: No changes and no ex parte as well. CHAIRMAN TAYLOR: No changes and no ex parte. Do I hear a motion to approve the agenda as so noted? COMMISSIONER McDANIEL: So moved. COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Second. Okay. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. May 23, 2017 Page 6 CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. May 23, 2017 Page 7 Item #2B APRIL 25, 2017 - BCC/REGULAR MEETING MINUTES - APPROVED AS PRESENTED MR. OCHS: Item 2B is approval of the BCC regular meeting minutes of April 25th, 2017. COMMISSIONER McDANIEL: Move for approval. COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. MR. OCHS: Commissioners, if you'd be kind enough to join us in front of the dais for some service awards this morning. CHAIRMAN TAYLOR: Our favorite part. Item #3A SERVICE AWARDS – EMPLOYEE MR. OCHS: Commissioners, we have the pleasure of congratulating several employees this morning with long-standing dedicated service to county government. Our first recipient this morning, recognized for 20 years of May 23, 2017 Page 8 service with our Collier County EMS division, is our chief, Tabitha Butcher. Chief? (Applause.) MS. BUTCHER: Thank you very much. (Applause.) MR. OCHS: We have three of our associates this morning celebrating 30 years of service with county government. Our first service awardee with 30 years of service, with Operations and Regulatory Management in your Growth Management Division, Cheryl Soter. Cheryl? (Applause.) MR. OCHS: Celebrating 30 years of service with our Parks and Recreation Division, Maura Kraus. Maura? (Applause.) CHAIRMAN TAYLOR: Come on, family. Come on. (Applause.) MR. OCHS: Ah, there you go. Perfect. Our final 30-year service award recipient this morning, from our Development Review Services, Mark Burtchin. Mark? (Applause.) Item #3C SERVICE AWARDS – RETIREES MR. OCHS: Finally, this morning, Commissioners, we're delighted to have one of your recent retirees return to be recognized for his years of service with our agency and our Facilities Management Department; Bill Chatten. Bill? CHAIRMAN TAYLOR: So the question is how many years. MR. CHATTEN: Ten. May 23, 2017 Page 9 CHAIRMAN TAYLOR: Ten. All right. Congratulations. (Applause.) MR. OCHS: Congratulations, Bill. (Applause.) Thank you, Commissioners. Item #4 PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING MAY 2017 AS TRAUMA AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY LESLIE LASCHEID, MEMBER, REGIONAL ADVISORY COMMITTEE ON TRAUMA SERVICES AND CHIEF EXECUTIVE OFFICER, NEIGHBORHOOD HEALTH CLINIC – ADOPTED Madam Chair, that takes us to your proclamations this morning. Item 4A is a proclamation designating May 2017 as Trauma Awareness Month in Collier County. To be accepted this morning by Leslie Lascheid, a member of your Regional Advisory Committee on trauma services, and the Chief Executive Officer of the Neighborhood Health Clinic. Leslie, if you could please step forward if you're here. There she is. (Applause.) MR. OCHS: Just greet the Commission and receive your award. If we could get you to pose for a picture, please, ma'am. Thank you. May 23, 2017 Page 10 (Applause.) Item #4B PROCLAMATION DECLARING MAY 2017 AS NATIONAL WATER SAFETY MONTH IN COLLIER COUNTY. ACCEPTED BY KONNIE PURCELL, COLLIER COUNTY SHERIFF’S OFFICE, YOUTH RELATIONS BUREAU; SHERRY ANDERSON, CORPORAL, COLLIER COUNTY SHERIFF'S OFFICE; PATRICIA K. HANSEN, COLLIER COUNTY DEPARTMENT OF HEALTH NURSING PROGRAM SPECIALIST; BARRY WILLIAMS, DIVISION DIRECTOR, COLLIER COUNTY PARKS & RECREATION; ANAIS ALVAREZ, REGIONAL MANAGER, COLLIER COUNTY PARKS AND RECREATION; BECKY WILSON, SERGEANT, COLLIER COUNTY EMS; SUE LESTER, COALITION BOARD VICE CHAIR; JAIME CUNNINGHAN, FIRE CHIEF, NORTH COLLIER FIRE CONTROL & RESCUE DISTRICT; KINGMAN SCHULDT, FIRE CHIEF, GREATER NAPLES FIRE RESCUE DISTRICT; PAULA DIGRIGOLI, EXECUTIVE DIRECTOR, NCH SAFE & HEALTHY CHILDREN'S COALITION AND DR. ALLEN WEISS, PRESIDENT AND CEO OF THE NCH HEALTHCARE SYSTEMS - ADOPTED MR. OCHS: Item 4B is a proclamation declaring May 2017 as National Water Safety Month in Collier County. To be accepted this morning by Konnie Purcell, Collier County Sheriff's Office Youth Relations Bureau; Sherry Anderson, Corporal, Collier County Sheriff's Office; Patricia Hansen, Collier County Department of Health, Nursing Program Specialist; Barry Williams, Division Director with Collier County Parks and Recreation; Anais Alvarez, a regional manager with May 23, 2017 Page 11 County Parks and Recreation; Becky Wilson, Sergeant with Collier County EMS; Sue Lester, Coalition Board Vice-Chair; Chief Jamie Cunningham of the North Collier Fire Control and Rescue District; Chief Kingman Schuldt of the Greater Naples Fire District; Paula DiGrigoli, Executive Director, NCH Safety & Healthy Children's Coalition; and Dr. Allen Weiss, President and CEO of the NCH Healthcare Systems. If you'd all please come forward and receive your proclamation. (Applause.) COMMISSIONER SOLIS: If it walks like a duck. CHAIRMAN TAYLOR: If it walks like a duck. MR. OCHS: Bring your props now. That's awesome. (Applause.) COMMISSIONER McDANIEL: We want to hear from the duck. MS. DiGRIGOLI: Good morning. My name is Paula DiGrigoli. I'm Executive Director of the NCH Safe & Healthy Children's Coalition. On behalf of the entire coalition board and all the members who are almost 70 coalition members, I want to thank you for proclaiming Water Safety Month in -- you know, in this month, in May. Last week, as you may know, we had a sad reminder of the important work of the Coalition. We had two children drown in an apartment complex in Cape Coral. That was International Water Safety Day, and we were doing amazing things at the Collier County public schools on that day under the leadership of Dr. Patton when we got the news about, you know, the two drowning deaths in Cape Coral. It definitely sent us a sad reminder, you know, of why we need to continue doing. We have been very blessed of the work that the Coalition has been doing, especially with the support of Collier County Government and Parks and Recreation. Barry Williams and Anais Alvarez, Brian May 23, 2017 Page 12 Owens, Samantha Molina, Richard Degalan, Jenny Maxperison (phonetic) has been outstanding of everything that we can ask, you know. They always help us to provide. I know Collier County Government is providing 20 dollars (sic) percent -- 20 percent discount for the first set of Level 1 swimming lessons between May 15th to August 31st, and this is for families that they want to take their children to any aquatics facilities owned by the parks. Also, thanks to the Naples Children Education Foundation, founders of the Winter Wine Festival, we have been able to provide to over 4,000 children, and over 34,000 water safety lessons have been taught since 2012. Swimming lessons save lives, and we know that. And with the new opening of the new pool, the new Eagle Lakes pool, we are very excited that more children will be able to learn this lifesaving skill. Also, on 2014, in February 2014, we implemented the life jacket loaner program. Commissioner Fiala was very instrumental on this initiative. Now we have 15 of these life jacket loaner stations, and that was after the death of a little girl in Sugden Park the Friday before 4th of July. Also on 2014, we broke the Guinness World of record (sic). And we have now the little kids from Immokalee. I know they had a long drive. They all participated in our Swim Central, and they are all wearing Stewie the Duck T-shirts, and Anais is with them. But we broke the Guinness World of record at Sun Fun and (sic) Lagoon, and that record still is -- Konnie Purcell from the Sheriff's Office and myself went to Pittsburgh, and we asked if somebody else around the world has broke the record, nobody. I mean, still -- Sun & Fun Lagoon still holds the record for the single venue largest swimming lesson. And, lastly, you know, we are looking at data. Drowning still May 23, 2017 Page 13 leads the death of children ages one to four in Florida and also here. But looking at the data from five years and in five years before, we definitely have seen a decrease, and that is because of the partnership that we have with the coalition and everything that Collier County Government and Collier County Parks and Recreation does. I also want to thank Commissioner Solis and Commissioner McDaniel for coming to our Kids on the Go running program. I know when Commissioner Solis came to Barron Collier, we never had rain, but we completely had a lot of rain, and it was -- we were completely, you know, wet; however, the kids will always remember running under the rain in Barron Collier. But now I would like to introduce Dr. Allen Weiss from NCH. Without NCH commitment, the Coalition will never -- you know, will be where it is. Without them, you know, and the leadership, we know we are saving a lot of lives. DR. WEISS: Madam Chair and Commissioners, and particularly Paula, we wouldn't be here without Paula getting us organized seven years ago. Very quickly now. I'd like to leave some time. Maybe we can get a picture with the kids -- CHAIRMAN TAYLOR: Yes, yes. COMMISSIONER McDANIEL: Absolutely. DR. WEISS: -- also. But in our invocation, the reference to safety was made, also, healthy and -- or a happy community. Clearly, avoiding this type of tragedy, which affects the family forever, and very expensive -- which is secondary. It's about $50,000 a drowning, and it's very disruptive for the emergency room, which is how we got involved seven years ago. Interestingly enough, one of the unforeseen very positive outcomes was we, as an organization, learned how to convene other May 23, 2017 Page 14 organizations. We started with 32 different organizations, including Physicians Regional, Boys and Girl Club, YMCA, fire safety, EMS, and so on, all getting together, and that was a learning lesson for us as a convener, which subsequently led to the Blue Zones being a convener for larger and -- the whole southwest region. So in addition to saving the lives of children, very appropriately, we learned how to help add quality-adjusted lives to everyone. So if you can save a child at age three or four, you're adding about 75 to 80 years of lifespan to the community. And as we all know, we have the longest life expectancy in the nation right now, which has increased, whereas the rest of the nation has decreased. So, you know, just another way of getting people together and doing the right thing. So thank you for your recognition. Thanks for everybody being so supportive. There's a reason Collier County is different than other areas on the West Coast of Florida. We all have the same -- basically the same tax structure, same climate, but this county is different in many unique ways in addition to being not only the best place to retire and longest life expectancy. Thank you for what you do. CHAIRMAN TAYLOR: Thank you. (Applause.) MS. ALVAREZ: Hello. I'm Anais Alvarez, Regional Manager for Collier County Parks and Rec Department for East Collier County; Immokalee being my main area at this time. I just want to say thank you to all our partners. It's unbelievable the things we do in Immokalee. I've been there this year 21 years, and I've been working with swim lessons the entire time, from the old times of the Kaleidoscope grant, which is an ancient grant that doesn't exist anymore, and I can tell you that we have taught probably close to -- I don't know -- May 23, 2017 Page 15 MS. DiGRIGOLI: In Collier County, 4,000. MS. ALVAREZ: Yeah. And that's just -- you know, imagine 21 years of that. So we do a lot out there. We teach swim lessons all day long. We have staff that's committed to working split shifts to help us teach the morning and then back in the afternoon. Not only do we have the Coalition, American Red Cross with the centennial program, this summer we're teaching 150 free swim lessons. Parents only have to pay $5, and we're working with the Immokalee Foundation teaching 30 future college students how to swim and doing meal prepping and nutrition components this summer for a month. So we're really excited about the great things we're doing out there. I always say Immokalee, I-town, fit town. Our fitness center will be completed in the next 10 days, and we're excited about that, moving to our new fitness center, and so we have a lot of great things happening as far as Blue Zone coming in and launching in November also. So we're just all about it. So we are definitely -- I feel that we're leading the way, and our kids, they know not to swim alone. And the VPK program, and we also have three-year-olds that swim, lessons in the morning, and it's amazing. And we also had -- very lucky this year that we have middle-schoolers coming at 4:45 to take swim lessons and some high schoolers. So we're really -- that was through the Miracle program, which is funded through the Naples Children Education Foundation and the GPS. So we're very excited, and we want to thank you for your support. And I have to say, you know, I'm Hispanic, and I, you know, like, was always scared of water, so I made myself become a lifeguard when I was young because I thought, you know, being tan was the greatest thing in the world; not now at my age. But I just want to say we really -- it's so important that our kids learn to swim. And in Immokalee, we May 23, 2017 Page 16 have such commitment to doing that, and I want to thank you for your support. I love working for you guys. (Applause.) MR. CASALANGUIDA: Get a duck. MR. OCHS: Let's get everyone up. Let's bring everyone back up one time with the kids, Madam Chair? CHAIRMAN TAYLOR: Yes, absolutely. Did you guys have fun swimming? Do you like swimming? Yeah. Can you kick? Yeah. Can you jump up and down in the water? You can? Oh. All right. Let's have the adults in the back and the kids in the front. Well done. Well done. I think Eagle Lakes will find that the lap swimmers are going to have to take a second seat to the kids who want to learn to swim. I know it's that way at River Park. There's just so many. Oh, it's wonderful. You like the water? I'm in love right there. Look at this guy. COMMISSIONER SOLIS: I would like to say also what a great job Paula does. I was at the Kids on the Go event at Barron Collier, and what a great time that was until the rain started, and it was a rain. And I thought Chief Cunningham was going to be here, but I've never seen somebody of his size move that fast. We were -- we were running for cover because it really started pouring, and we had another event. But it was a great event, and the kids had a great time. So thanks for all you do. MR. CASALANGUIDA: Awesome. MR. OCHS: Madam Chair, if I could get a motion to approve today's proclamations, please. CHAIRMAN TAYLOR: Do I hear a motion? COMMISSIONER McDANIEL: So moved. CHAIRMAN TAYLOR: Second? COMMISSIONER SOLIS: Second. May 23, 2017 Page 17 CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. Item #5A PRESENTATION FROM PATRICK P. LINN, EXECUTIVE DIRECTOR, OF THE COLLIER MOSQUITO CONTROL DISTRICT, ADVISING THE BOARD OF ONGOING MOSQUITO CONTROL EFFORTS IN THE DISTRICT – PRESENTED MR. OCHS: Item 5A this morning is a presentation from Patrick Linn, Executive Director of the Collier County Mosquito Control District, to advise the Board of ongoing mosquito control efforts in the district. Patrick? MR. LINN: Good morning. COMMISSIONER McDANIEL: Good morning. MR. LINN: Commissioners, thank you for having me. It's a tough act to follow. I'd like to take a little time this morning to reach not only the commissioners but all the constituents and residents and visitors to Collier pertaining to the control of mosquitoes. CHAIRMAN TAYLOR: Mosquitoes. We don't have mosquitoes. MR. LINN: Not at all. Right? I'm having a little -- COMMISSIONER McDANIEL: While he's fighting his May 23, 2017 Page 18 technical difficulties, I just want to say my admiration for Mr. Linn and what he does for our community. It's very fact based, scientific approach, and the methodologies that have been implemented since he's come on, it's been amazing. So thank you. MR. LINN: That's very kind; thanks. We are in a time of great change at Mosquito Control and certainly have become much more visible recently. So let me take you through, real briefly here, today's presentation. I'm going to talk a little bit about salt marsh mosquitoes, integrated mosquito management, what we're doing at Collier and beyond for Zika preparation, as well as thoughts about the future. The mission statement for the district is a mouthful. It's a fairly substantial mission. It is, essentially, two major branches or prongs, if you will. The first is one of public health. Our -- really, our raison d'etre to support and maintain a healthy community through the suppression of disease-carrying mosquitoes, and number two is, to the extent possible, to reduce the number of mosquitoes that are pests, which we have a problem with right now; I'm sure you're all aware. We use integrated pest management or integrated mosquito management techniques -- I'll explain that briefly. Try not to put you to sleep -- and minimize our impact on what we call non-target organisms, things like bees and dragonflies and so on, and do all that economically and, with a tiny staff, it's a pretty Herculean task on any given day. So just to sort of reiterate here, number one mission is that of public health because, actually, the mosquito is the most dangerous animal on earth. It kills nearly one million people per year across the world in great -- to a great extent through malaria and such. But certainly Mosquito Control is a necessary operation or organization here in South Florida. And, of course, quality of life, economic impact, real estate May 23, 2017 Page 19 values, tourism and such all rely upon the pleasant weather that we have, and so onward and upward. If we take a look at this map here, the term arbovirus, just for a moment, I'd like to explain that that's a portmanteau of other words. It's an arthropod-borne viruses, and the arthropod in question here is the mosquito. And you see the big red dots in Florida. That is the likelihood of disease transmitted through the vector which is mosquito, and you see that Miami and Orlando and Tampa -- and it looks like Collier's free of any trouble, but that's not necessarily so. These are areas with high amounts of international travel and, as you know, it's possible in today's world to be pretty much anywhere else on the planet within 24 hours, which means that diseases have become global rather than just sort of local. So we expect this Zika -- the Zika virus to sort of run on for approximately three years. It may go longer. It may go a little bit less, but as time goes by and immunity increases in the population, we should see it begin to dwindle. Unfortunately, the mosquito that carries Zika can also carry numerous other diseases. And having said that, we'll talk about the aedes aegypti here real quick. The aedes aegypti mosquito and its close cousin, the albopictus, carry Zika, dengue, chikungunya. It used to be known as the yellow fever mosquito. Now it's frequently called just a house mosquito. It's abundant in the tropical areas of the planet. And since we're on the fringes there and because we tend to be tropical in the summertime, these mosquitoes become quite abundant. We also have -- in Collier we have large quantities of the anopheles mosquito, which can carry malaria, a Culex, which is a West Nile virus, and St. Louis encephalitis. The aedes taeniarhynchus is the salt marsh mosquito. That carries dog heart worm and certain types of encephalitis as well, or can. Mansonia, which is sort of a recent May 23, 2017 Page 20 problem thanks to an unusual rain pattern last year, and then this year drying out, out in the eastern portions of our district. And then, of course, the Psorophora, which many know as a gallinipper or a -- it's very large, and we see them around golf courses and such. All right. The current scourge that we're having is a salt marsh mosquito. They are coming off by the trillions out of the areas to the east and south of the district itself, and I'll show you the district boundaries in just a moment. But, essentially, the district ends -- the southernmost reaches end at Collier Seminole and Marco areas, and, therefore, we're not able or allowed to treat in the areas to the south and the east, and these particular mosquitoes can and have been demonstrated to fly up to 40 miles on the wind. This is in great contrast to the aedes aegypti which can only -- generally only travels maybe 100 feet or 100 yards in its entire lifetime. So the -- we do expect that with the freshwater rains and in due course these mosquitoes will abate, but until then, we're bound to control the adults as they come off after full moons usually, which draw a lot of water into the salt marshes. Here we do see the limits of the district in sort of that pale blue color. All of the areas in yellow are areas that are protected; federal, state, or locally managed lands which we do not treat; we're not able to treat. We are looking into some options longer term, but with every -- every expansion comes a financial obligation because there needs to be enough money to put material into these areas. We also want to be careful to suggest or to say that the types of mosquitoes that come out of various areas, some may travel long distances, like the aedes, the salt marsh mosquito, and some may travel very -- only very limited, such as the Zika mosquito that we've been dealing with. So all of the areas in pink down there, Everglades National Park, we don't treat that either. So the poor folks in Marco Island have May 23, 2017 Page 21 experienced -- essentially, they get a maximum of about 20 hours of control once we treat, and then the mosquitoes simply blow in again from the south and the east and make them miserable. It's important to understand that we will continue within the regulations and the laws, Department of Agriculture and EPA and so on. We cannot -- we're limited in how much we can treat. If we treated every day, we would run out of the ability to treat eventually. The regulations are limiting in that regard. So we try to provide relief at the optimum time. And we can't control the weather or the winds and so on, so please bear with us while we try to serve this community and, certainly, we will not give up. So a little tiny lesson, actually, in how we do things. The Integrated Mosquito Management Program is one that starts -- its foundation is actually public education: Source reduction and bite prevention. So we cannot drain the entire Southwest Florida region. That probably wouldn't be wise ecosystem-wise and so on. So what we do is we try to get out into the community, let everybody know that they have a greater impact on the overall number of mosquitoes we see every year than the Mosquito Control organization here in Collier can do reactively to eliminate the adult mosquitoes. So through public education, we try to attend as many events as possible in the community throughout the year and get the word out about the use of repellents and dumping the water and trying, to the extent possible, to avoid the areas where the mosquitoes are during dusk and dawn and so on. Our surveillance program is -- you probably have seen our trucks around. We also have extensive automated surveillance now, a network that's quite impressive. In just the last year we have lots and lots of traps that actually will count the mosquitoes as they go through. May 23, 2017 Page 22 And an interesting note is that one of -- when the sales gentleman was saying, okay, well, how many do you -- how many do you need to count per hour? And we said, can you do 10,000 per hour? And he said, no, it won't count that high. So what happens is we actually, on occasion, will measure the mosquitoes almost by the pound instead of by the thousands because they become so abundant. And if this is making you creepy crawly, I'm sorry. But we're doing our best to control them and get the numbers down. So surveillance is a big deal. Biological control. We're going to be implementing a mosquito fish program in the coming year. It is not -- it is effective in killing larva, which is nice. It may have reduced the ultimate number of adult mosquitoes on a property and so on. But it's more of a way for us to reach out to the community and to have a conversation about mosquito control. Things like bats and dragonflies, which occur naturally, they all do eat mosquitoes, but the numbers of mosquitoes are outnumbering any bats and dragonflies probably by a thousand to one, so... And then last is chemical control and, unfortunately, this is how we have to control the adults based on our geography, based on the weather, based on the broods coming off. We have really -- we have very effective chemical treatment, and we also have gotten the science down to using an ultra-low volume amount of the chemical. So we'll discuss that in just a second. So the larvicide, when you see our trucks out -- this is one of our inspectors. What he's spraying there is actually -- it's not Naled. That is actually BTI, or it's just an aqueous or water solution with a bacteria in it. The bacteria's harmless to fish. It's harmless to other wildlife. It kills only mosquitoes. And if you put it in standing water like that, it will definitely reduce the number of adults that come off in terms of flood water mosquitoes. These are freshwater mosquitoes. May 23, 2017 Page 23 On the left side, under the helicopter there, you see a little pile. That's called Mosquito Bits, and on the right side, the little doughnuts there; those are mosquito dunks. We encourage everyone to have -- anybody who has water around their property, have some of this material. It's benign to humans and pets and so on, and you can drop it in a bird feeder or into the base of a planter or into your bromeliads, and it will reduce, drastically reduce the numbers of aedes aegypti and other sorts of stagnant water mosquitoes from coming off. We use a product that's essentially the same. We have two or three versions of ability to larvicide. We can do it aerially, we can do it by ground, we can do it by hand, but certainly those in the community who have an interest in reducing the number of mosquitoes on their property can use these products with equal effectiveness, if not more. CHAIRMAN TAYLOR: Where do you get them? MR. LINN: You can buy it at any home improvement store. I've seen it at Walmart, and it's not terribly expensive. You can get a big jug of it for 12 or $14, and it will go a long way. If you stop by Mosquito Control, we actually have some little tablets that -- they're not BTI, but they're a long-acting growth inhibitor. If you have, you know, a horse trough or a dog dish or something -- dog dishes should be changed, of course, but these will give you 60 days of control. So we have lots of that available, and that's available online, but we like to have a chat with the folks that we give that to. Okay. When it comes to aerial control -- and we were talking about chemical control just a moment ago -- our helicopter fleet, we have five. Four are in service right now. And let's see. Two of them are specifically for treating larvae or larvicide ships. And we have -- that leaves two ships for treating adults. One, we have two different classes of chemicals for that. And our helicopters are very tactical, May 23, 2017 Page 24 very surgical, small area, and we get in there and knock down the bugs. The sky van, which you see on the left side of the screen here, is an unusual-looking airplane made by the Shorts Company. They're no longer made. Ours are -- we have the biggest fleet of three in the world, and also parts inventory, but our county residents and taxpayers are the owners of these three aircraft -- these three fixed-wing aircraft and five helicopters, which are very, very effective at reducing the numbers of adults. The sky van there on the left can treat approximately 30,000 acres in one mission, which is pretty substantial. In other words, to give you some idea, we can do the entire Golden Gate Estates area in one or two nights depending on the winds and the weather. That's more than 90,000 acres. So that's a lot of square miles. The district itself is 400 square miles, and we can knock it out in a pinch in two days if we have to. All right. I'm not going to try to put you to sleep here with the aedes aegypti, but it's important to understand that the aedes aegypti is a different mosquito. It behaves differently, it lives with humans, it's evolved to live with humans, it prefers human blood meals and, therefore, we really need the community's assistance to reduce the numbers of these types of mosquitoes by reducing the source. Bottle caps from the little bottles of water, tarps, leaf litter, bird baths, plant -- the bases for plants that catch water. All of those animal dog dishes, cat dishes, whatever, can host the eggs for aedes aegypti. They are daytime biters. They will bite at any time, day or night. And one of the -- one of the reasons they're so good at transmitting a disease is because they live so close among human beings, and this is something that's problematic for us as a district because we cannot get so far down in the weeds as to treat individual backyards and such. Although, should local transmission occur with May 23, 2017 Page 25 Zika, we are prepared for this, but we will be highly visible and following all the best practices for control of this type of mosquito. But if we -- it's our philosophy that if we reach out to the community, one person, one heart, one mind at a time, and get them to take proactive action, then we will have less likelihood of local transmission of disease thanks to this mosquito. All right. If we do have Zika, surveillance intensifies extraordinarily. We actually currently run two parallel programs. We have a regular old Mosquito Control program, which involves surveillance and decisions and control, and the Zika program is one that we work in coordination with our colleagues at the Department of Health. So we follow areas with suspect cases of Zika, and we also, in our own administration building, we have a laboratory where we've been fortunate enough, thanks to our commissioners, to have all the necessary laboratory equipment to do the genetic testing in-house. We're actually looking for Zika, dengue, chikungunya, malaria, West Nile, encephalitis. We do all the testing of the mosquitoes in-house. That saves us from days to weeks so that we don't have to send our samples off to the laboratory up in Kissimmee. That's extraordinary. So our research department has really, really stepped up operations in the previous year. And between research and operations with respect to our aircraft, we are ready for a local transmission, although we're certainly hoping that it doesn't come to that. We have regular meetings with our friends at the Department of Health, and we have a plan in place for the event -- in the event of local transmission for boots on the ground and so on to educate folks. Right here we go back to the picture of Collier here with various shades on it. The blue is the current district. It's at 400, plus or minus -- 400 square miles; 27 -- we're now actually 28 employees. We have an $11 million budget and, to a great extent, that's chemical and/or May 23, 2017 Page 26 treatment. We have larvicide and adulticides in that budget. That takes up a large -- the lion's share of it. The current district is shown in blue and that -- if you do a tiny bit of just eyeballing there, you can see that about 80 percent of Collier County is currently not in the district; therefore, we are not able to control in the areas outside the blue. In an event of a disease outbreak, we are, however, given permission by the governor to treat areas of source where there might be a disease-carrying or vector mosquito. Our main office number is 436-1000. We also have a nice website at cmcd.org. You can email me directly. We also have an app that is -- there is an app for Mosquito Control, believe it or don't. We have an app that is -- we're very proud of it. I think it works very nicely. You can put in your own address, and we'll notify you when we're going to treat in your area. We'll tell you what we're going to use, when we're going to do it, and it's available for android and IOS platforms. So very -- we're doing our best to be all caught up in terms of technology. So it's my hope that you have an understanding a little more about salt marsh mosquitoes, the concept of integrated mosquito management, what the district is doing in terms of preparation for Zika and the aedes aegypti mosquito as well as the district boundaries, which we'll go back to here briefly. I may be visiting with you again in the future, not too distant future, about a proposal to add some square miles to the district as Collier's population continues to grow at a very fast rate. We're looking into all of the details now and, certainly, we'll be happy to share what we know as we move along and -- but, certainly, we're going to -- we're going to need to up our game a little bit as the population grows so quickly. Thank you for your time this morning. Any questions that I can May 23, 2017 Page 27 answer for you? CHAIRMAN TAYLOR: I don't see any questions. Thank you very, very much. MR. LINN: Thanks. MR. OCHS: Thank you, Patrick. Item #6A PUBLIC PETITION REQUEST FROM MR. PAUL DERNBACH FOR APPROVAL TO PROCEED FOR A MUNICIPAL SERVICES BENEFIT UNIT (MSBU) FOR THE PURPOSES OF INSTALLING COUNTY WATER TO PROPERTIES ON CESSENA ROAD IN THE PINE RIDGE ESTATES SUBDIVISION – PRESENTED Madam Chair, that takes us to Item 6A this morning. It's a public petition request for Mr. Paul Dernbach for approval to proceed with a Municipal Service Benefit Unit for the purposes of installing county water to properties on Cessena Road in the Pine Ridge Estates subdivision. The speaker has 10 minutes, up to 10 minutes. MR. DERNBACH: Thank you. Thanks for allowing me to be here today. I live in the Pine Ridge subdivision, the northern section of it between -- CHAIRMAN TAYLOR: Would you please identify yourself, sir. I'm sorry. Would you please identify yourself. MR. DERNBACH: Paul Dernbach. CHAIRMAN TAYLOR: Thank you. MR. DERNBACH: I live at 800 Cessena Road, Pine Ridge subdivision. The specific area we're talking about -- I think we have a map somewhere -- it's between Tupelo Road and Cessena, and the corner of May 23, 2017 Page 28 Cessena Road and Carica Road. I've worked with several members of the county staff so far, including Pam Libby from Public Utilities Division in the water section. We've identified 13 lots that would be involved in this MSBU. We've sent petitions to all of the lot members on two separate occasions beginning almost six months ago. We have at this point 60 percent of the lot owners which are in favor of this MSBU, which is over the 50 percent required -- 50 plus 1 percent required to establish an MSBU. The petitions have been drawn up by the county staff. They've been sent to each one of the lot owners. And at this point I believe we have eight of the petitions that have been delivered to Michelle Arnold. And I am not aware if all of the signatures have been verified, but -- they have been? No, but they're working on that. So I know -- I understand fully that this is not an up or down decision today but merely a presentation to proceed with further work on getting this established, and that's all we're asking for today. All of the lot owners have been informed of the petition, of the initial estimates of the cost. And we're trying to keep everybody as informed as possible. Not everybody wants to do it, but I am here representing the people that do want to do it. CHAIRMAN TAYLOR: Thank you. Any questions? COMMISSIONER SAUNDERS: I don't have any issues with having staff move forward to take a look at it. CHAIRMAN TAYLOR: I don't either. MR. OCHS: Very good. That's what we'll do. CHAIRMAN TAYLOR: Well done. MR. DERNBACH: That's all I'm asking for. CHAIRMAN TAYLOR: Yeah. Well done. MR. DERNBACH: Thank you very much. May 23, 2017 Page 29 CHAIRMAN TAYLOR: You're welcome. MR. DERNBACH: By the way, just one thing. The staff I have been working with have been extremely helpful: Michelle, Dan, and Pam Libby. So I want to thank them very much. They've really done a really nice job. Thank you. CHAIRMAN TAYLOR: Thank you. Item #9A RESOLUTION 2017-97: RECOMMENDATION TO APPROVE PETITION VAC-PL20170000440 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 60-FOOT WIDE ROAD RIGHT-OF-WAY KNOWN AS 25TH AVENUE NORTHWEST, APPROXIMATELY 665 FEET IN LENGTH, BEING A PART OF TRACTS 1, 2 & 3, GOLDEN GATE ESTATES UNIT NO. 21, PLAT BOOK 7, PAGE 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT ROAD RIGHT-OF-WAY IS LOCATED WEST OF 8TH STREET NORTHWEST, JUST NORTH OF IMMOKALEE ROAD IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA – ADOPTED W/STIPULATIONS MR. OCHS: Commissioners, that takes us to Item 9A on your agenda this morning. It was previously Item 17B on your summary agenda. And this is an item, Madam Chair, that will require ex parte disclosure to be provided by commission members, and those that will participate will be sworn in. This is a recommendation to approve a recommendation from county staff to vacate the county and the public interest in a portion of the 60-foot-wide road right-of-way known as the 25th Avenue May 23, 2017 Page 30 Northwest. And Commissioner McDaniel brought this forward, and I know we have a couple of public speakers as well. Commissioner, would you like to begin, or would you like staff presentation? COMMISSIONER McDANIEL: Other than ex parte that we get to talk about now. CHAIRMAN TAYLOR: All right. Go ahead. COMMISSIONER McDANIEL: Well, I would just like to -- I would do -- with regard to that I have a litany of communication, meetings, correspondence, emails, and calls. CHAIRMAN TAYLOR: Thank you. I have had staff meetings, and that's it. Thank you. COMMISSIONER SOLIS: I have nothing to disclose and no contacts. COMMISSIONER SAUNDERS: I may have had some emails and that sort of thing; other than that, nothing to disclose. CHAIRMAN TAYLOR: All right. COMMISSIONER McDANIEL: And just for the record, I was asked by several folks that live in the area to pull this item so that there could be some discussions about the activities that have gone on out there, and that was the reason for bringing it up, yes. CHAIRMAN TAYLOR: How many speakers do we have, Mr. Miller? MR. MILLER: I have two registered speakers, Madam Chair. MR. OCHS: Madam Chair, you need to swear in and -- CHAIRMAN TAYLOR: Yeah, I know that. I just -- MR. OCHS: -- you have -- the petitioner wants to make the presentation. CHAIRMAN TAYLOR: Yes, of course. I just wanted to know how many speakers we had. MR. OCHS: Thank you. May 23, 2017 Page 31 CHAIRMAN TAYLOR: Okay. Shall we swear? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN TAYLOR: Did the speakers swear in? COMMISSIONER SAUNDERS: I think normally you would swear in the speakers as well. CHAIRMAN TAYLOR: Yeah. The speakers need to -- anyone who wants to participate in this hearing needs to be sworn in. There we go. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN TAYLOR: All right. Thank you. MR. OCHS: Would you like to begin with the petitioner, Madam Chair? CHAIRMAN TAYLOR: I would. Thank you very much. MR. WILLEMS: For the record, my name is David Willems. I'm the project engineer for Waldrop Engineering that's working on the project. What I'd like to do is just go over a real brief history to explain why we're requesting the easement vacation. And it's important to note that this is an easement. It's not a right-of-way that the county currently owns. The applicant owns the right-of-way, and then there's an easement over it for access and utilities and drainage. The original design that we proposed when we first started the project -- I'll show what it looks like. When we originally looked at the project, we had proposed an access off of 25th. There was going to be -- the main access was always going to be off Immokalee Road. We expected that all of the traffic would really use Immokalee Road, but because it was an easement, we needed to leave it open to the public. So we left it open. We were required through that process to have one public meeting. We actually had two. And then also -- the owner and Ryan Companies also, in addition to those public meetings, actually met May 23, 2017 Page 32 with the residents that were closest to the project to just get an understanding of what their concerns and issues were. One thing that came out of -- COMMISSIONER McDANIEL: Wait a second. County Manager, could you turn the maps so north is pointing up just for clarification purposes. Thank you. MR. OCHS: Sure. COMMISSIONER McDANIEL: There you go. That will make it a little clearer. MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: Thank you, sir. MR. WILLEMS: So I'll show you the area that we're talking about. So we had the meetings. We met with the public, and something that came out of there was is the residents in Golden Gate Estates really did not want any connection to the school. They had concerns that people would either cut through Golden Gate Estates to get to the school or leave the school to get out at Wilson. So what we did was we went back to the drawing board, looked at how we could separate our project from 25th and, because of the large wetland on this site, the only way that we could really get the circulation and the stacking for the students and also sever the connection with 25th was to actually vacate the roadway so we could just -- we could close it down. And that -- I'm going to show you what the design is right now. We've permitted it through the county. We have the approval for the improvements. And so what we're looking to do right now is we're going to take out about 100 feet of the roadway itself, take out the asphalt, put sod over the top of it. It's still going to be available for emergency access if it's needed. We did meet with the fire district. They explained that they didn't believe that they needed fire access off of 25th because the access off of Immokalee is so much easier, but it's May 23, 2017 Page 33 still going to be available for them to access if they need to. With the easement vacation, while we're getting rid of the public access portion of it, the county is still maintaining a utility corridor through there if they need -- if you guys need utilities in the future, it will be there to put the utilities. There's still going to be a drainage easement, so the county can still keep the drainage that goes through there, and then also the county's going to have maintenance authority to actually access the site and maintain those facilities if they need to. So, really, all we're trying to do here with the formal vacation is to implement what the community told us they wanted us to do for the project. After we get this approval, we'll be able to pull the asphalt off of there, sever the connection so that there won't be any of our traffic going into the community, adjacent community. COMMISSIONER McDANIEL: Just -- may I ask -- am I allowed to ask a question? Now or you want to wait till he's done? CHAIRMAN TAYLOR: Once he finishes. MR. WILLEMS: Well, that's it. I'm finished. Any questions? COMMISSIONER McDANIEL: Could you point at where the gate's going to be located? MR. WILLEMS: There isn't a gate currently proposed. That doesn't mean that one can't be added. That's not on the SDP plan right now, but it would be very easy to add one, just right at where the grass entrance is. COMMISSIONER McDANIEL: If you don't have a gate, how are you going to stop parents from turning right, other than it's grass? MR. WILLEMS: Well, that roadway right there is really to go pick up the kids. COMMISSIONER McDANIEL: I understand what it is. MR. WILLEMS: But if you're coming through there in order for you to pick up the kids, you've got to go through that intersection, and May 23, 2017 Page 34 then you're actually going to be forced to turn right out onto Immokalee Road. It's going to be very difficult for somebody that's picking up their kids. I do understand what you're saying, and we could definitely modify the plans to show that, to add a gate to it. It's just not shown on the plans right now. COMMISSIONER McDANIEL: There has to be a gate there. MR. WILLEMS: Okay. COMMISSIONER McDANIEL: Without a gate, you have no control. I mean, this is -- and one of the reasons that we're here today is this is an advent of the Immokalee -- or the Golden Gate Estates Master Plan review that we're currently going on that allows for schools to be located in Golden Gate Estates, so -- and some deficiencies within the existing code with regard to the notice process. And we've all talked about -- these aren't new things. I mean, our notice process allows for only a notification to the neighborhood of up to 300 feet from the boundary of the property. And in this particular instance, a 65,000-square-foot K through 12 school, the applicant was only required to notice two people because of the geography of Golden Gate Estates. Now, we did hold -- and, I mean, they did hold -- I'm not throwing any rocks. I'm just talking about deficiencies that we have within the system that have allowed this. So they did hold neighborhood meetings. They have -- they did cooperate with Commissioner Nance in the process that held off construction until, in fact, the bridge was put in. Then we had issues with our staff in allowing the utilization of the bridge because of right-of-way permits and such that exacerbated the circumstances, so... And I don't know, procedurally, with regard to the easement itself or the vacation of the easement, but I was always under the impression that there was a gate there. MR. WILLEMS: Yeah. It's never been shown on the plans, but I May 23, 2017 Page 35 think it's simple enough for us to put that in. We could easily update the SDP plans to allow us to pull the permit to build those. That's simple enough. CHAIRMAN TAYLOR: All right. MR. OCHS: Would you like to hear from staff, ma'am? CHAIRMAN TAYLOR: Yes, I would. Thank you. MR. McLEAN: Good morning, Commissioners. Matt McLean, Director of the Development Review Division. Our staff has been very engaged and gone through all the reviews related to this Site Development Plan, including this vacation application, and the challenge that we have had with it is county staff does not have the ability to approve a gate until actually the vacation occurs. I totally agree with you, Commissioner McDaniel, that a gate is truly necessary in order for them to be able to control the ability for that ingress/egress out that way. As part of this vacation application, we've worked directly with our Collier County Public Utilities folks, as well as our other Capital Improvement folks to continue to have the ability for them to be able to access for drainage purposes to the canal on the west side of the property, as well as any future expansion for public utilities to utilize this property as well for future public utilities expansion. The applicant has worked diligently with us on those, and staff is bringing this item forward to you guys with our recommendation of approval that it does meet all of our codes and ordinances. CHAIRMAN TAYLOR: Go ahead. COMMISSIONER McDANIEL: I have another quick question, Matt. And thank you for that information. With the vacation of this easement, this is going to provide for utilization of the two-and-a-quarter, two-and-three -- I can't remember. Is it 150- or 180-feet-wide tract to the north? May 23, 2017 Page 36 MR. McLEAN: It's about 2.3 acres. COMMISSIONER McDANIEL: Okay. It's a two-and-a-quarter-acre tract. And we've talked about the buffering and such for the -- for that piece of property. If the applicant or the owners were to develop that residentially, would we be -- would we be obligated to provide that residence access out onto 8th? MR. McLEAN: If that particular piece of property was split out and was developed as a residential structure, our codes and ordinances would allow them to be able to provide a driveway connection to 8th Street. (Cell phone ringing.) COMMISSIONER McDANIEL: Even if it's -- even if it's within -- sorry about that. That even caused me to space. Even if it's within the continued ownership of the school itself? MR. McLEAN: Yes. But what we could do is we could work in coordination to be able to restrict the ability for that to loop through into the school so that it could only be a designated residential driveway connection to that residential structure. They could have a pedestrian pathway, perhaps, that would go down to the school but not a formal vehicular connection. COMMISSIONER McDANIEL: Because, there again, the large issue here is the access capacity; it's very limited access up there. If you haven't ever -- (Cell phone ringing.) COMMISSIONER McDANIEL: That's two. It's very limited access in that area. You only get to get into that neighborhood on Wilson Boulevard north off of Immokalee Road, and then 25th goes back and accesses four streets -- I think it's four streets along off of 25th that go north that all dead-end up there. So there's very limited access for the residents that are over there. May 23, 2017 Page 37 And the whole premise behind the school's existence was to be utilizing Immokalee Road where there is a newly installed light. And that's just the concern that I would like to make sure we address as we're going through this just to provide security so that -- I mean, so that there's -- and you're going to hear from a few of the residents today about the access off of 8th and 25th. CHAIRMAN TAYLOR: All right. Questions? Questions? Yes, Commissioner Solis? COMMISSIONER SOLIS: Just -- in looking at the executive summary, there's some legal requirements for a vacation. I'm just wondering if we want to make sure that everyone's had a chance to put those on the record. It would be for a general public welfare, that the request doesn't invade or violate individual rights. I'm just wondering if there's going to be anything on the record in regards to those legal requirements. MR. KLATZKOW: Generally speaking, these things are on consent. Generally speaking, unless they get pulled and they're going to be denied, you don't really need to give reasons. If you're going to deny this, then you're going to need to look at the criteria and match your reason for denial accordingly. COMMISSIONER McDANIEL: Are we allowed to condition it? MR. KLATZKOW: Yes. COMMISSIONER McDANIEL: Okay. COMMISSIONER SOLIS: And I wasn't suggesting one way or the other. I was just wondering if we were going to have anything presented, but I guess I see Bruce up there now, so maybe... MR. ANDERSON: For the record, my name is Bruce Anderson on behalf of the applicant. And at the bottom of Page 1, it's probably a form recitation, but there is a finding that this is declared to be in the public interest and for the public benefit subject to certain conditions that are outlined in May 23, 2017 Page 38 there. MR. KLATZKOW: Right, but now the burden's on you. MR. ANDERSON: Yes, sir. MR. KLATZKOW: You may want to meet that burden. COMMISSIONER SOLIS: Well, I guess I'm -- MR. KLATZKOW: You've raised the issue. COMMISSIONER SOLIS: I'm not trying to say there's an issue or there isn't. But I'm just -- I'm assuming that the concern was the traffic cut through and that there would be some benefit from reducing that or preventing that, and that's what we're talking about. MR. ANDERSON: Yes. And we're content to rely on the testimony that Mr. Willems has just presented in regards to those two findings. COMMISSIONER SOLIS: Okay. CHAIRMAN TAYLOR: All right. Okay. All right. Let's hear from our speakers, please. MR. MILLER: Yes, ma'am. You have two speakers. Your first speaker is Karen Wood. She'll be followed by Rita Greenberg. MS. WOOD: Good morning, and thank you. The community members and property owners of 25th Avenue Northwest neighborhood are strongly opposed to the resolution to vacate the public's and county's interest of a portion of 25th Avenue Northwest. We ask that our public land not be given to the school for their personal use and interest. This land serves as a minimal buffer to what has become a destructive impact on our neighborhood. A glitch in the zoning allows charter schools to be built on residentially zoned property without any notification to the neighborhood, a charter school that includes a multi-story building, significant car traffic, hundreds of students and staff. When the neighborhood learned that the charter school was May 23, 2017 Page 39 coming into our neighborhood, we requested and received public meetings. At the public meetings, the said portion of 25th Avenue Northwest and the adjacent vacant strip of land to the north was discussed. I personally raised the potential use of this land by the charter school with representatives of this Ryan Companies and charter school representatives. They, by their word, assured us that they would not pursue utilizing the section of 25th Avenue Northwest nor the adjacent vacant strip of land to the north. They stated it would serve as a perpetual buffer to the local community. Additionally, in their words, there were not plans to utilize 25th Avenue Northwest nor develop the vacant strip of land, as the school had their own driveway immediately encircling the school. We were asked if we wanted access through the school. It was unanimously and resoundingly agreed by the neighborhood that no access to the school was desired, and we requested that they block all access from the school into our neighborhood. When the community members asked for this in writing, Ryan Companies indicated that they need not put it in writing; that their word was enough. We are here today; their word was not enough, nor has it been during the entire construction process. This land is public land. We ask that it remain public land and that the commissioners deny this resolution. We also request that the commissioners require the school to install additional landscape buffering and a fence around the property the school purchased. We also request that the signage be placed at the entrance to the neighborhood off Immokalee Road and Wilson Boulevard indicating that there is no school access. All roads are, indeed, dead ends. Again, I thank you for allowing a voice to ring out from the community. Thank you for preventing the destruction of our neighborhood by opposing this gift of county and public land to the May 23, 2017 Page 40 charter school. And, Commissioner McDaniel, thank you for indicating that a gate needed to be installed. Thank you. MR. MILLER: Your final speaker on this item is Rita Greenberg. MS. GREENBERG: Good morning, Commissioners. For the record, Rita Greenberg, 2780 8th Street Northwest. I had a completely different plan to speak to you about today, but what I heard, based on the presentation, what I heard from Commissioner McDaniel, my only request is in concert with Ms. Woods (sic), is that at that community meeting, which we were all at initially when we were told they wouldn't use the neighborhood for construction, they wouldn't use the neighborhood for school access, they wouldn't use this, they wouldn't do that -- they've done all those things. So believing that they're not going to use the grass access without a gate is something that we're not willing to accept. They have also indicated a willingness to put a barrier, whether it be a fence or a wall or some sort to stop the foot traffic, because the gate at 25th is not going to stop those parents trying to get in and out of that traffic on Immokalee Road, from driving down Wilson Boulevard, 25th Avenue, dumping their kids out, and having them walk that little strip of land. So at this point my request for conditions is not only the gate, it's to put a fence around the perimeter of the property to stop foot traffic and parents from dropping kids off in and out of our neighborhood and to put signage up off of Wilson Boulevard north of Immokalee Road that indicates it's no school access and again on 25th Avenue west of Wilson Boulevard. Thank you for your consideration. CHAIRMAN TAYLOR: Any questions? Commissioner Saunders. COMMISSIONER SAUNDERS: I have a couple questions for -- May 23, 2017 Page 41 not for the speaker. CHAIRMAN TAYLOR: Oh, okay. And no speakers, Mr. Miller? Okay. So the public hearing part of this hearing is closed. Commissioner Saunders? COMMISSIONER SAUNDERS: I wanted to ask the petitioner, and maybe Mr. Anderson or the petitioner can address this. When the school is fully built out and fully enrolled, how many students are you expecting to have and -- MR. DIECK: Good morning. My name is Doug Dieck. I'm with Ryan Companies, and we're the developer; 201 North Franklin Street in Tampa, Florida. There will be 1,145 students at capacity, kindergarten through eighth grade only. COMMISSIONER SAUNDERS: I'm sorry. Will you-all have buses? I know charter schools don't generally have that, but will you-all have that sort of pickup transportation for students as well? MR. DIECK: Most likely not. Their intent is to just have people drive their kids. But if needed, they would. COMMISSIONER SAUNDERS: So, theoretically, there could be as many as a thousand cars in the morning and in the afternoon? MR. DIECK: Yeah. I mean, that's not how it usually works just because of multiple kids, you know -- COMMISSIONER SAUNDERS: Sure. MR. DIECK: -- it's probably more in the 600 range. COMMISSIONER SAUNDERS: Yeah, sure. And, you know, I had a town hall meeting last night. There were 87 people there. COMMISSIONER McDANIEL: Yes, he won. I had one in Everglades City with 82, and he had -- COMMISSIONER SAUNDERS: Yeah, we had 85, so... COMMISSIONER McDANIEL: He offered free coffee or something. May 23, 2017 Page 42 COMMISSIONER SAUNDERS: But I would say that 100 percent of the people that were there were concerned about traffic in their neighborhoods; how they're going to get out into the main roads and traffic that was impacting their quality of life in their neighborhoods. And so I don't know anything about this area. Commissioner McDaniel, I've never been there, but I can certainly understand that if it's a residential community and the potential of 700 cars, 1,000 cars five days a week twice a day, I certainly wouldn't want that in my neighborhood. So I don't know what the alternative is other than, perhaps, some of the conditions that were requested by the speakers. I could certainly understand that. So if those conditions were imposed where there'd be no access off of, what is it, 25th -- COMMISSIONER McDANIEL: 25th and 8th. COMMISSIONER SAUNDERS: -- with a fence so there would be no foot traffic as well, what does that do to you? MR. DIECK: Well, that's exactly what we're doing here today is trying to abandon this road as requested by the neighbors so it is not a public road any longer. And we are trying to comply with that, and -- COMMISSIONER SAUNDERS: Well -- okay. On the record -- I understand trying to comply. But on the record, are you willing to make sure that there is no pedestrian or automobile access to the school that would -- I guess it's on 25th -- so that access would be off of -- what is the other road that would be -- COMMISSIONER McDANIEL: 8th and 25th. COMMISSIONER SAUNDERS: 8th Street. Sorry, is it Immokalee access? COMMISSIONER McDANIEL: Well, the main access is on Immokalee. May 23, 2017 Page 43 COMMISSIONER SAUNDERS: So the access would only be off Immokalee; is that -- COMMISSIONER McDANIEL: Correct. COMMISSIONER SAUNDERS: -- the way this would work out if they had -- COMMISSIONER McDANIEL: That's the way the project is set up to go. MR. DIECK: I don't know for sure, but if I understand the concerns -- and those are some of the same concerns that were brought up at our neighborhood meeting, and we asked, do you want the road open or closed; they said closed, you know, so we're doing exactly that. You know, it's -- what I understand the concern to be is if there's a lot of traffic on Immokalee in the pickup and dropoff loop, somebody would say, you know what, that's too busy for me. I'm going to go up Wilson, come down 25th and drop my child off -- not drive over the grass, but drop my child off there and let them walk -- I think that's what I heard, and -- MS. GREENBERG: Yes, sir. MR. DIECK: -- you know, we have grass there, and people don't necessarily -- or usually drive over grass. So I don't think we need a fence to keep a car out. I think what the concern was was the kids and walking. We've met with the neighbors. Ms. Hogue, Ms. Reynolds, and we've talked very specifically about fences for landscaping and buffering, and we've given them options, and they've chosen those options, and we're installing those options. So from that perspective, I think we've gone exactly where we should have gone and tried to engage the neighbors and asked those questions. COMMISSIONER SAUNDERS: Okay. So there will be foot access off of 25th then? There won't be a -- May 23, 2017 Page 44 MR. DIECK: It's not our intent and desire to fence the site. We don't want it to feel like you're going onto compound, if you would. The area where the kids will be playing is fenced on the property so they can't run off into the -- into the wetland on the site, if you will. But our -- we do not want to fence the property -- COMMISSIONER McDANIEL: That's an issue. CHAIRMAN TAYLOR: There's a real problem here because generally schools do fence their properties. And when you are the newcomer in a neighborhood, I think it's incumbent upon you, as the builder or as the developer of the project, to ensure that the traffic plan is followed as described. MR. DIECK: Yeah, I agree. CHAIRMAN TAYLOR: And, clearly -- and I live in a neighborhood that has a school -- those grassy edges are used for a lot of -- in fact, streets are used to drop the kids off and get them to go across. So I would like to know from staff if Immokalee has the capacity to add -- and I think all we have to do is go look at the school at Horseshoe, the charter school at Horseshoe, to see what that means. Does it have the capacity to have 600 cars twice a day dropping and -- COMMISSIONER McDANIEL: It's already been approved. CHAIRMAN TAYLOR: -- stacking on Immokalee? MR. McLEAN: The Transportation Impact Statement, which was reviewed related to the Site Development Plan approval, included all of the traffic related for the facility to come off Immokalee Road. The charter school is being required to do significant improvements on Immokalee Road, including some dual turn lanes coming into the property, as well as signalization at that location and a lot of significant improvements on Immokalee, including another right turn lane coming in to take into account all of that traffic solely coming in and off of Immokalee Road. May 23, 2017 Page 45 CHAIRMAN TAYLOR: You're aware of the challenges, the traffic challenges on South Horseshoe, or North Horseshoe -- I think it's South Horseshoe -- with a charter school. MR. McLEAN: Yes. CHAIRMAN TAYLOR: So this is in relation to or in reaction to the problems we've had there in terms of you're sure that this is going to work on Immokalee Road, already an imperiled road, already a road that we're worried about becoming over -- MR. KLATZKOW: They're already approved. COMMISSIONER McDANIEL: Yeah, it's -- CHAIRMAN TAYLOR: No. I know that, but I'm just -- COMMISSIONER McDANIEL: We're down that road. CHAIRMAN TAYLOR: You know what, I just want it on the record again. I understand that. COMMISSIONER McDANIEL: We already know we have issues on Immokalee Road with traffic and such. This is a -- this is a large addition from a timing standpoint. But the project is approved. I mean, today we're here to talk about the vacation of this easement. CHAIRMAN TAYLOR: I just wanted to put it on the record. COMMISSIONER McDANIEL: Yes, ma'am. MR. WILLEMS: Can I, just for a second. CHAIRMAN TAYLOR: Yes. MR. WILLEMS: I think a lot of schools have issues with stacking is why you get a lot of this traffic that backs up into the main roads. And we worked with staff. Even before we started with the site plan, we came to them and even -- in our preliminary stages, that was one of the things they brought up to us is that we cannot have stacking out onto Immokalee Road. And that's why we designed this site the way we did. As you come in off of Immokalee Road -- and you have to go all the way around the school to start to pick up your kids. So there is a May 23, 2017 Page 46 lot of room to stack all of the cars before you would ever impact anything on Immokalee Road. CHAIRMAN TAYLOR: Yes, go ahead. COMMISSIONER SAUNDERS: Let me ask the petitioner, then, just one more question, because I understand not wanting this to look like a compound. On that particular stretch of road, 25th, I don't know what kind of landscape buffering there might be, but is that something that you could put in just to -- so that would, at least, discourage -- MR. DIECK: So we own the property on both sides of 25th that we're vacating, and we're not doing anything on the north side of it. COMMISSIONER McDANIEL: Today. MR. DIECK: So there is no -- there's no development. So we'd be screening from property we own. COMMISSIONER SAUNDERS: Well, you'd be putting, you know, at least something in that would keep people from wanting to walk across it. That's all I'm asking. I understand that -- I'm just concerned that there will be people trying to drop kids off to walk there. MR. DIECK: I think the only people that would probably be doing that are people that live in the neighborhood. COMMISSIONER SAUNDERS: Okay. So no -- the answer is no. MR. DIECK: We've gone through this several times and, I mean, we're here only to abandon the road to -- COMMISSIONER SAUNDERS: Yeah, I understand. And there's a statement in here -- MR. DIECK: -- have a disconnect. If we want to leave the road connected, we're okay with that. It's the neighbors that didn't want that. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Right. And one of the things that we have an issue is we have the developer, Ryan Companies, who May 23, 2017 Page 47 are currently representing ultimate owners and operators of the school, so what we're trying to do is take care of shortcomings within our own Land Development Code with regard to what's allowed and notice processes and the like. I think it needs to be discussed now, because you're not going to be here when I'm dealing with the people that live in that neighborhood who have people bringing kids in on 25th and rolling them out and walking through whatever theoretical buffer is there. I think it needs -- I think that north two-and-a-quarter acres, 2.3 acres, it needs to be fenced, there needs to be a gate, the gate needs to be controlled by our first responders, period. There can't be any other way. No landscape buffer is going to be sufficient enough. Now I know you have offered a large -- larger buffer to the north of the property for the neighbors that are out there. And as we were talking about the release of this -- and I wanted to say on the record they have expanded the buffer from -- I think it was 15 feet originally to 20 with a more intense landscape. You have offered to do that. And also, leave it alone. I mean, basically we're giving up a 60-foot right-of-way, and if no structural development occurs up there, that 60 feet will be the minimum buffer that stays there that we're giving for this right-of-way. So those are things that are a portion of this, but I think it's imperative that you prohibit -- that today we talk about prohibiting vehicular traffic and/or foot traffic coming in and out of the school. All public schools are fenced. I don't know one that's not, and both from a keeping the children and keeping others out. MR. DIECK: Yes. This site is fenced as well. Let me show you where it is. COMMISSIONER McDANIEL: Your site is fenced, but I'm talking about the two-and-three-quarter acres to the north. And I don't mean to be argumentative with you. May 23, 2017 Page 48 MR. DIECK: That's the play area where the children will be playing, and that is fenced, and that's controlled. COMMISSIONER McDANIEL: Don't you have a fence that travels all along the way of 8th across on the east side of your property as well? There was a discussion with those neighbors -- yeah, right down there along that line. There's a fence all the way there. MR. DIECK: We've put in a landscape screen which consists of a fence and some landscaping in the location as requested by Ms. Hogue who lives immediately to the east of us. COMMISSIONER McDANIEL: I'm having a tough time. CHAIRMAN TAYLOR: You want to make a motion? COMMISSIONER McDANIEL: Well, I want to approve the vacation, but I want it to be approved conditionally that there is prohibitive access provided to the entire site that the developer currently owns who's representing the ultimate owners. CHAIRMAN TAYLOR: Is that a motion? COMMISSIONER McDANIEL: Yes. Conditionally with a gate at the -- to be vacated, 25th right-of-way, with the gate controlled by first responders. They have special locks. COMMISSIONER SAUNDERS: And, Madam Chair, on the motion, I'm going to ask the County Attorney if that's a valid -- MR. KLATZKOW: I was just going to ask, is that acceptable? MR. DIECK: I have to understand what has been asked. Can we go through that again? COMMISSIONER McDANIEL: Yes. I would like the entire property to be fenced, and I would like a gate installed at the easement of 25th and 8th at that intersection with the lock to be controlled by first responders or county staff. MR. DIECK: What are we fencing? Are we fencing the two-acre site to the north or the school property? COMMISSIONER McDANIEL: The school property in its May 23, 2017 Page 49 entirety. Everything that the school owns. MR. DIECK: That is not something that's been requested by the development staff. It's not required. COMMISSIONER McDANIEL: Okay. MR. DIECK: I mean, if the road stays open, it's okay with us. Then the cars, we can just let them drive on 25th. CHAIRMAN TAYLOR: There's a motion on the floor. Do I hear a second? MR. KLATZKOW: No, no. If he's not accepting the conditions -- CHAIRMAN TAYLOR: Then the motion fails. MR. KLATZKOW: Then we're not going to go forward with this. COMMISSIONER SAUNDERS: Okay. Let's -- again, I've never been there, so I don't know the details here, but I understand not wanting people to drive on 25th, drop their kids off, and have them walk across to get to the school. MR. KLATZKOW: Which they can do right now. COMMISSIONER SAUNDERS: Which they can -- I understand what they can do right now; I understand that. I simply was asking the petitioner whether they would be willing to make sure, through some -- through a fence or some buffering, that it would be difficult for cars to come in, drop their kids off, and have them walk across. I think what you said, that -- it began to sound like you're willing to do something in that regard. We may not have any ability to do anything else other than approve this today. I understand that. I'm just simply asking if that's something that you could consider doing. And if the answer's no, the answer's no. But you understand what we're trying to do. I understand that you can -- if we don't vacate the easement, that cars can drive down there and drop their kids off all day long. I understand that. May 23, 2017 Page 50 MR. DIECK: That's correct. COMMISSIONER SAUNDERS: So what I'm asking is, assuming we vacate the easement, are you willing to do something so that it's unlikely that cars are going to drive down there and drop kids off -- that's all I'm asking -- which would be a fence across there, or some buffering? Just something to make it more difficult. CHAIRMAN TAYLOR: No? Was that a no? I'm sorry. I thought you spoke, sir; I'm sorry. MR. DIECK: I did not. CHAIRMAN TAYLOR: Okay. Thank you. MR. DIECK: I mean, I'm trying to figure out what we can realistically do. We can put a, what, eight-foot chain link fence in so nobody can jump over the top of it -- COMMISSIONER SAUNDERS: No, no. MR. DIECK: -- all around the whole property? COMMISSIONER SAUNDERS: No. I don't care about the whole property. I'm just concerned about that one little area. It doesn't have to be an eight-foot fence or anything. MR. McLEAN: Again, Matt McLean, for the record. From what I'm hearing, the discussion today, it sounds like the concern is on the eastern side of the property line so, if I could, I'll go over to the visualizer. I believe the main concern is with respect to school access to students/parents being able to come down 25th Avenue and drop students off. So to alleviate that concern, one consideration could be for the commission and the applicant to look at, potentially, just adding a fence from, essentially, the southeast corner of the property along the eastern side of the property up to where there could be a gate across this area that we were discussing for the vacation and continue to carry that, perhaps, up to the eastern property corner. That, effectively, would eliminate the concern that I'm hearing today. May 23, 2017 Page 51 COMMISSIONER SAUNDERS: It looks like most of that is already -- there's a line that was drawn on there, where I believe there is a fence already, or a fence being planned already for most of that distance. Is that incorrect? Because you drew a little bit of a line there on 25th. MR. DIECK: That's correct. That is a -- that's a vinyl fence. COMMISSIONER SAUNDERS: Yeah. So I think what we're saying is, can you extend that? MR. DIECK: So you'd like us to extend -- MR. OCHS: On the eastern. COMMISSIONER SAUNDERS: And, Matt, if you could -- I think you understand what we're saying. If you could show where that extension would be, which I think he just drew on there. MR. McLEAN: Yes. Essentially, that could be the fence location from, again, the southeast corner continuing on up the property to cross at 25th Avenue where there would be a gate that could then be locked and available for emergency ingress/egress, as well as county staff's ability. COMMISSIONER SAUNDERS: Not a whole lot of additional fence, from what you've already indicated, that's going to go there anyway. MR. DIECK: That's correct. COMMISSIONER McDANIEL: And I'm okay, by the way. COMMISSIONER SAUNDERS: So would you be willing to do that? And I understand you don't have to. I mean, that's -- we're going to vacate this easement whether you do that or not. MR. DIECK: I was going to say, would you prefer it to be open? COMMISSIONER SAUNDERS: No. I just -- MR. DIECK: Yeah, we'll put the fence in. I don't see any reason for it, but we'll put it in. CHAIRMAN TAYLOR: Commissioner Solis? Commissioner May 23, 2017 Page 52 Solis? COMMISSIONER SOLIS: No. I was just wanting to make sure I understood where the applicant is in the process. They have an approved SDP? MR. DIECK: The school's almost constructed, complete. COMMISSIONER SOLIS: Okay. MR. McLEAN: Again, Matt McLean. Yes, they have an approved SDP. They've been under construction. They're getting very close to completion. They're expecting to open up for this next school year. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER SAUNDERS: Madam Chair, I'm sorry. If you're getting ready to say something -- COMMISSIONER McDANIEL: No. COMMISSIONER SAUNDERS: Madam Chair, with -- I'm going to make a motion to approve the vacation because, quite frankly, that's best for the neighborhood. The petitioner's indicated that they're willing to work with staff to put in some fencing and the gate to keep people from using 25th. So with that, I'm going to make a motion to approve. COMMISSIONER McDANIEL: And can I just make an amendment to your motion and specify that the gate be controlled by first responders and county staff? COMMISSIONER SAUNDERS: Well, this is a gate that would kind of lead to their property, so I think they should be able to control that as well. I mean, I don't see them keeping that open to let cars come in there. They're not going to do that. COMMISSIONER McDANIEL: The only time -- yeah. COMMISSIONER SAUNDERS: So I don't think it should just be controlled by first responders. I think that this is a -- you know, it's their property. May 23, 2017 Page 53 COMMISSIONER McDANIEL: Okay. I would like to see that. MR. McLEAN: One point of clarification there. With vacation approval, that effectively would eliminate the ability for legal access to be able to go back and forth across there, you know, or the county is reserving the ability to utilize it as well as for emergency ingress/egress. So, effectively, that will be the legal ability to access through that area. COMMISSIONER McDANIEL: And we're not talking about -- and I appreciate that, Matt, but we're not talking about legal access. We're talking about -- we're talking about parents that are constrained on time and rolling in there and allowing their children to go in and out through there, increasing the traffic on the neighborhood. I mean, one of the representations from the developer has been, from the beginning, that the impact for the neighborhood was going to be -- from a traffic standpoint, was going to be solely in and out of Immokalee Road. And all we're trying -- all I'm looking to do is to allow for protection, because once we're done here, we're done, and the developer's gone, and then we're dealing with the school and the parents that are bringing their people in and out, which is -- CHAIRMAN TAYLOR: Well, we have a motion. Do we have a second to that motion? (No response.) CHAIRMAN TAYLOR: Hearing no second -- COMMISSIONER McDANIEL: Then I'll make a motion if I don't have to second the first. And this is very close. I just would like to make a motion we approve the vacation with the -- with the extension of the fence along the east property line, the installation of that gate, and that gate to be controlled by first responders. CHAIRMAN TAYLOR: We have a motion on the floor. Do I hear a second? (No response.) May 23, 2017 Page 54 CHAIRMAN TAYLOR: Hearing no second, the motion fails. COMMISSIONER SAUNDERS: Madam Chair, you're being a little quick on that, so let's -- COMMISSIONER SOLIS: Quick question. COMMISSIONER McDANIEL: Those guys have to think. COMMISSIONER SOLIS: "Control" to me sounds like they're the only ones that can open it. COMMISSIONER McDANIEL: The gate, the key is with the first responders or county staff. COMMISSIONER SOLIS: Or at least they have a key. COMMISSIONER McDANIEL: Correct. COMMISSIONER SOLIS: Not that they're the only ones with the key? COMMISSIONER McDANIEL: Sure. All I'm looking to do is provide some satisfaction for the neighborhood that the gate's not going to be opened up interimly for special events and sort of things to exacerbate the traffic out. If it's controlled by first responders and county staff, we ensure that. COMMISSIONER SOLIS: What is -- just so I understand the concern -- COMMISSIONER McDANIEL: Can't do that? COMMISSIONER SOLIS: -- what is -- what would the first responders need to get? I mean, there's other residential structures back there that are accessed. COMMISSIONER McDANIEL: One of the benefits to this process is the access for the residents that live up there. If there were a natural disaster that would not allow access out on the only access out on Wilson Boulevard, this gate could be opened by first responders to allow the residents up there, if there was a fire or hurricane came through and eliminated that access, then that gate could be opened and the residents could be able to get out through the school property, and May 23, 2017 Page 55 they've agreed to do that. That's one of the benefits of what we're doing here. COMMISSIONER SOLIS: Then that's acceptable to the applicant? MR. DIECK: (Nods head.) COMMISSIONER SOLIS: Okay. I'll second it. CHAIRMAN TAYLOR: All right. So there is a motion on the floor. Would you repeat your motion, and -- COMMISSIONER McDANIEL: I'll try. CHAIRMAN TAYLOR: -- also I want to be very specific -- COMMISSIONER McDANIEL: It's been a long time. COMMISSIONER SAUNDERS: Just for the record, the applicant did shake his head in the affirmative. COMMISSIONER McDANIEL: Yes. COMMISSIONER SAUNDERS: That would not have been on the record. MR. DIECK: Yes. CHAIRMAN TAYLOR: So -- and do you want to be very specific about -- you did say the eastern portion of the property, and as illustrated on the map? COMMISSIONER McDANIEL: Well, yes. Well, approximately as illustrated, because the map doesn't go, I don't think, to the entire northern boundary of the -- what the school property owns. The east -- the northern boundary and a portion of the eastern boundary, yes, ma'am. But I'll try to repeat it, and that is a conditional approval with the installation of a fence to prevent both vehicular and pedestrian traffic and the installation of a gate at the old 25th Avenue entrance that the lock of which will be controlled by first responders and county staff. MR. OCHS: And county staff, thank you. CHAIRMAN TAYLOR: Is there a second to that motion? May 23, 2017 Page 56 COMMISSIONER SAUNDERS: I'll second that motion. CHAIRMAN TAYLOR: Okay. There's a motion and a second. Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you very much. I think we're going to break for our court reporter. We're going to come back at 10:50. MR. OCHS: 10:50. (A brief recess was had.) MR. OCHS: Madam Chair, you have a live mic. We're on to Item 10A. Item #10A RESOLUTION 2017-98: RECOMMENDATION TO APPOINT TWO COUNTY COMMISSIONERS AS REGULAR MEMBERS, AND THREE COUNTY COMMISSIONERS AS ALTERNATE MEMBERS, TO THE VALUE ADJUSTMENT BOARD – APPOINTING COMMISSIONER SAUNDERS AND COMMISSIONER SOLIS AS REGULAR MEMBERS; COMMISSIONER MCDANIEL, COMMISSIONER TAYLOR AND COMMISSIONER FIALA WILL SERVE AS ALTERNATES) – ADOPTED May 23, 2017 Page 57 CHAIRMAN TAYLOR: Well, they always say that it's the people who don't show up in the meeting that get nominated, so I'm going to nominate Commissioner Solis. COMMISSIONER SOLIS: I'm here. COMMISSIONER McDANIEL: Second, second. COMMISSIONER SAUNDERS: I'll second that nomination. COMMISSIONER McDANIEL: Third. MR. OCHS: Well, halfway home then, because -- COMMISSIONER McDANIEL: Fourth. CHAIRMAN TAYLOR: And Commissioner Fiala. MR. OCHS: You've got to appoint -- COMMISSIONER SOLIS: I'm going to nominate now. CHAIRMAN TAYLOR: No, no. I'm already there. MR. OCHS: All right. So let me get through this. This is a recommendation to appoint two county commissioners as regular members and three county commissioners as alternate members to the Value Adjustment Board. COMMISSIONER McDANIEL: I'll volunteer to be an alternate. CHAIRMAN TAYLOR: Oh, no, no, no. The newbies always get the full position. COMMISSIONER McDANIEL: Well, that's those two. CHAIRMAN TAYLOR: I've had the honor to serve on this board for the last year, and I would like to pass that to someone else, if that's possible. COMMISSIONER SOLIS: Sure. CHAIRMAN TAYLOR: But we have three alternates, so I guess it's -- COMMISSIONER McDANIEL: Donna's not here. COMMISSIONER SOLIS: Donna's not here. CHAIRMAN TAYLOR: Yeah, Donna's not here, so... By the way, for the public wondering where dear Commissioner May 23, 2017 Page 58 Fiala is, she's recovering from a very successful knee operation, and we wish her good health and a speedy recovery. All right. COMMISSIONER SOLIS: So it's two alternates and one -- CHAIRMAN TAYLOR: Three alternates. MR. OCHS: Two regular, three alternates. COMMISSIONER SAUNDERS: Yeah. I thought the staff recommendation -- I thought the backup had two names in there for my name and one other for the appointee; was that incorrect? MR. OCHS: Commissioner, I haven't survived this long by making those kinds of decisions. COMMISSIONER SAUNDERS: I don't have any problem doing it. CHAIRMAN TAYLOR: All right. COMMISSIONER SOLIS: That's fine. I'd be glad to serve as well. CHAIRMAN TAYLOR: All right. And then three of us will be alternates. COMMISSIONER McDANIEL: There we go. And then we'll be alternates. I'd be happy to. CHAIRMAN TAYLOR: All right. So I guess we need to make a motion. COMMISSIONER McDANIEL: So moved. CHAIRMAN TAYLOR: That Commissioner -- do you want to -- COMMISSIONER McDANIEL: Oh, you want me to delineate it? It's that Commissioner Saunders and Commissioner Solis serve as the active participants, and Commissioner Taylor, Commissioner Fiala, and myself serve as alternates. CHAIRMAN TAYLOR: All right. Do I hear a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN TAYLOR: Okay. All those in favor, say aye. May 23, 2017 Page 59 COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Item #10B RECOMMENDATION TO REVIEW AND DISCUSS MATERIALS PROVIDED BY STAFF REGARDING THE CURRENT USES AND ALLOCATIONS OF COUNTY TOURIST DEVELOPMENT TAX (TDT) REVENUES – DISCUSSED AND STAFF WILL COME BACK WITH ADDITIONAL INFORMATION FOR DISCUSSION AT THE JUNE 13, 2017 MEETING MR. OCHS: Item 10B is a recommendation to review and discuss materials provided by staff regarding the current uses and allocations of the county tourist development tax revenues. Commissioner Taylor, I think, was the author of this particular item. CHAIRMAN TAYLOR: Yes, and thank you very much. Understanding that on June the 13th we're going to make a decision, certainly, on that fifth penny and the sports tourism complex, but I've been a little perplexed in my time in the public over the last maybe month, month and a half where there is a perception that it's either/or. It's the beaches, or it's the sports tourism complex. I don't think it is, and I'd like to just bring this forward to give you an idea of where I'm going with it. Commissioner Fiala is not with us today. She is the chairman of the TDC, and out of respect for her, I don't think we need to make any May 23, 2017 Page 60 motion. I'd like to see if there's a consensus for a plan, but I think the decisions will be made -- final decisions will be made on June 13th. It's not an easy read. This is -- this is complex. It's a statute, first of all, passed on the state level and implemented on our level, and it's had many iterations over the many years it's been with us. Could we please, Mr. Miller, put -- yes, yes. This is really, I think the -- I think Mr. Wert was responsible for this. I think this was in the TDC meeting. This was a wonderful chart that basically shows that the first penny can be shared by marketing and the museums, the second penny can be shared by the marketing and museums with the beaches, and the third penny is dedicated across the board also. We are not building a convention center, so that last column that's all in white, that just -- we just have to ignore that. And then the fourth penny and fifth penny cannot be shared by the beaches at all. So if we could go to the next slide. So I call this the Penny Plan. No -- COMMISSIONER McDANIEL: By the way -- CHAIRMAN TAYLOR: -- no pun intended. COMMISSIONER McDANIEL: -- we like the Penny Plan. CHAIRMAN TAYLOR: No pun intended. But I looked at the pennies and thought, how can we do this so that we assure our public that the beaches have the priority here and that we, too, can do both? The allocation on the left is our current allocation. You've heard this many times, 47 for promotion, 41 for the beaches, and 12 for museums. And this is my proposal, that we change that to 62.5 for the beaches, which is 2.5 cents, or 2.5 pennies; the promotion would be 37.5 percent; and museums would be moved into that with the idea that they would be self-sustaining over five years. There is some conversation about bringing them into the General Fund. That conversation would be an ongoing conversation, but it would leave promotion with 1.5 pennies. May 23, 2017 Page 61 Okay. Next slide, please. So I'll just reiterate, that's my thoughts on it. It gives the beaches -- now, the beaches are not just renourishing beaches. It's inlet management; it's many, many things. But the pot in today's money, in today's TDT collections, would be $13 million, plus or minus. Okay, next plan. Interestingly enough, we've heard of the Staros Plan. That's why I kind of penned the Penny Plan. But Ed and I are very close in our allocations on this. And, interestingly enough, if you look at the historic TDT allocation to the beaches, 60 percent is how we started; that's how our citizens wanted that money that was collected to be spent, 60 percent for the beaches. It changed in '99 and changed again in 2013. But I think, if I've heard the message from the people I've talked to -- and, certainly, the people in my subdistrict -- so many of the people in my district live on the beaches. They want the beaches to have the importance that it was -- that originally had when we passed this allocation for the beaches. It is very interesting to note that we didn't renourish beaches and we didn't start this process until the mid '90s. We had to -- but the awareness of this community that we needed to do it, I think, is to be applauded, okay? Next slide, please. Okay. This is visitors versus promotional spending. Now, this is Fund 184. And if you look at it, it looks as -- it appears, by the numbers -- at least we looked at it from 2013 to 2016. The number of visitors has plateaued, but the -- there's an incremental increase in the spending, almost double in the promotional spending. And I know there's room to move things around and still keep things operating efficiently and to still do the promotion that we need to, but also to make sure that 60 percent or 62 percent or 2.5 pennies of what we collect in this county for tourist taxes, TDT, is spent on the May 23, 2017 Page 62 beaches. Next slide, please. Beaches are the number one tourist attraction in Collier County. There's no question, especially with properties on the beach, not only the hotels, but the private property. You pay the premium to live on the beach. I've never calculated it, and my two colleagues to the left of me, my -- probably can help me a little bit more with this, but I would say there's at least one billion or more dollars worth of real estate on the beach. COMMISSIONER McDANIEL: Oh, I could even vouch for that. COMMISSIONER SOLIS: Yeah. CHAIRMAN TAYLOR: Yeah? Yeah, at least. If we don't have our beaches, not only do property values start shifting, but -- COMMISSIONER SAUNDERS: A lot more. CHAIRMAN TAYLOR: A lot more than that, you think? Okay -- we lose why people come here. We have embarked the CAC, and I think the Commission has at least given a nod to it, for a beach resiliency program. That's going to be an ongoing program. It's much more than just renourishing the beach. It's renourishing the beach to a level that will help us in storm surge and hurricanes. It will give us dunes and also extend the beach, and that means we can't rely any longer on truck hauls solely. We'll have truck hauls, there's no question about that, but we can't rely on it solely, which is what we've been doing over the past maybe four years or so. And the need is the beaches, and the need is now. We can renourish beaches, we can fund them adequately for the future, build our beach for the future, and we also make a decision about funding a sports tourism, but it is definitely not an either/or proposition. So that's it. Thank you. May 23, 2017 Page 63 And, Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And first off, I'd like to compliment you. I was actually able to follow through the Penny Plan, liked the idea, liked the name. I would like to suggest -- and, again, we're really not -- I think you've decided we're not going to vote on anything today. But just in that analysis I was going through -- and I find it also disappointing that there is an either/or perception amongst our community. It's not either/or. The beaches -- beaches rule. And so it's not an either/or proposition. And in your analysis here, looking at what we're currently spending in relationship to the support of the beaches, promotion, and museums, which is predominantly where these pennies, Penny, are spent, it's not -- it's very apparent why there is a perception that we're -- it's an either/or issue. There's been a diminish in the revenues appropriated for the beach renourishment since 1999, which I am saddened by. I think your proposition here delineates that quite well. Number two, the only twist in it would be, I would like to keep museums as a portion of this, unless there is a revenue stream out there that I'm not aware of that would allow them to become self-funding. But just looking at the revenue spent in promotion in relationship to the visitors, approximations of visitors, we can continue to support the museums at the current levels that we have and reduce back to only two years ago what we were spending in promotions with not any large increase in visitors and keep the program as such. So that's just a thought for us to discuss when we do bring this back for a vote at some time, but I, most importantly, wanted to compliment you. CHAIRMAN TAYLOR: Thank you very much. Commissioner Saunders? May 23, 2017 Page 64 COMMISSIONER SAUNDERS: Yeah. And I will join Commissioner McDaniel in complimenting you in the conversation. We've all said that we want to increase the amount of money going to beaches, so there's no dispute at all amongst the five of us in terms of trying to get more money into beaches. That's one of the reasons why we're having the meeting with the Tourist Development Council is to let them know what we're thinking and to find out what they're thinking, and also to get more data from our staff. We need to put more money in beaches. I don't know what that number is. And staff will have to help us out with that. I support the enlarged project, widening the beach and putting the dune in, and staff will be able to come back to us and tell us how much that's going to cost, how much money they need to actually have in beaches. And it may be that there needs to be $8 million or, rather, $13 million in beaches. It may be a lower number. I just don't know. The other thing that we don't know is what we're going to do with the fifth penny. And I've said -- and I think the Board has -- I'm not sure if the Board's agreed, but I think that the concept everyone has sort of nodded to, and that is, we all want to do the amateur sports facility. We've said that repeatedly. And every time that's come up, we've said unanimously we want that, recognizing that we have to, by supermajority vote, increase the tourist tax to make that happen. So I think we're all on board with that. The issue there is, how much is that going to cost? What I've been saying, and I think the Board has agreed, is that it would be nice not to use the entire fifth penny for bonding, that if we can bond half or 60 percent of that and have that other balance left over, then that gives us flexibility to put more money into beaches and, perhaps, not cut promotions as much. So I think there are a lot of issues that need to be fleshed out. May 23, 2017 Page 65 Also, in terms of museums, I agree with Commissioner McDaniel; I want to keep the museums in the tourist tax category. We can certainly move that over to the General Fund, but the minute we do that, we're going to have to cut two-and-a-half million dollars somewhere else. And I just don't think that that's something that we need to go through. I think there will be enough money there to do everything that staff's going to suggest in terms of beach renourishment. Hopefully there will be enough to continue a good level of promotions and to fund the museums. So I think that -- we obviously aren't going to make a decision today -- CHAIRMAN TAYLOR: No. COMMISSIONER SAUNDERS: -- but I just wanted to kind of let you know what my thinking was as well. I don't know if staff's prepared to have any comments on the promotion thing. We have to be aware of the fact that the State of Florida has cut way back on Visit Florida in terms of its ability to advertise Florida, and so this may not be the right time to cut back too much on advertising, but we may not have to, again, because of the fifth penny in terms of more money at the beaches. Those are just my thoughts. CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: And I was just going to add as well, I commend you as well. Kudos for the presentation. I think it was very helpful for me. And I, like the other commissioners, I think, am looking forward to understanding what the numbers mean. You know, one, why the increase in spending and the visitation plateau? I mean, you can look at that two ways, you know, that we've had to spend that much to keep what we have. May 23, 2017 Page 66 So I'd look forward to understanding those numbers more. And, also, I'd like to understand the history, and maybe this is something that can be presented at the meeting as well. When the decisions were made to change from 60 percent to 50 and then down to 40, I'd like to understand that history because I, frankly, was not aware of those changes back then or why that happened. So I'd like to hear that -- understand that history as well, because we could probably learn something from that. So, yeah, I think the -- I'm in agreement. I think we need to revisit the allocations. What the allocation ultimately is, I think, is based on the numbers that we get and what we hear at the next meeting. COMMISSIONER McDANIEL: One little statement. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Just one little statement, and that is, you know -- and I agree as well. Oftentimes your advertising -- you know, your numbers roll in after your advertising expense is already put out. As well, the population numbers oftentimes lag from an advertising standpoint, so that could be why there isn't that large of a change. And the other thing I just want to remind everybody is last week at the Southwest Florida Regional Planning Council we had our first little get-together of elected officials up and down the west coast. And there was a consensus, and we are going to move forward with a consortium of elected officials to discuss our mutual needs for beach renourishment. We all live -- all the way up to Sarasota, we all live on the Gulf of Mexico, all the municipalities have similar needs with regard to their beach renourishment and how they go, so we're going to -- and I got a lot of positive response, both from South Florida Water Management and FDEP with that initiative. So there's more information to come May 23, 2017 Page 67 with regard to how we're doing what we're doing. CHAIRMAN TAYLOR: Thank you. Mr. Ochs, would staff like to speak to this on any level? MR. OCHS: Well, we can speak in great detail into this and look forward to that, as a matter of fact. CHAIRMAN TAYLOR: On the 13th. MR. OCHS: The question is, when do you want to do it? Do you want to do it twice, or do you want to do it once? We're prepared. CHAIRMAN TAYLOR: Well, Commissioner Fiala's not here. I don't know if there's any -- you know my concern of course, and that's not something -- you know, it was never my intention to make a motion to move on this. It was my intention to make it clear what our position is as a consensus of -- as commissioners. Number one, the beaches are number one and, number two, if there was interest in pursuing or bringing the Penny Plan forward. MR. OCHS: Well, ma'am, if I might, that's two different questions. We understand as a staff that you all would like more money to prepare for bigger beaches, but that's different than approving your plan, because if you're going to approve that today, we've got a lot to talk about. CHAIRMAN TAYLOR: No, no. No, no. Not approve it. Moving it forward so it would be part of a discussion; not at all approving it. COMMISSIONER McDANIEL: And I don't mean to interrupt, but I think you heard us discussing that there are deviations from the Penny Plan as presented -- MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: -- that some of us would like to see and not. We have a meeting scheduled with the TDC coming up. MR. OCHS: Yeah. It's part of your agenda on the June 13th meeting. May 23, 2017 Page 68 As a staff, we'd prefer to maybe present to both groups at once. That might be more productive and efficient, but we'll do whatever the Board wants. We're prepared this morning to get into any level of detail you'd like. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: Yeah. Just echoing what Commissioner McDaniel said, the Penny Plan, in terms of the philosophy, we all agree with. We've said that many times. We want to put more money into beaches. Where I don't want to move forward with staff -- to staff with an understanding that the Penny Plan is something we're moving forward with because there are aspects of it that just need to be fleshed out. For example, the issue of museums is number one; number two, you know, how much money really is needed for beaches to go to that higher level of protection? And how much money do we really need for advertising? Now, you know, we've seen a plateau in the number of tourists that we've seen, perhaps, an increase in the amount of money going into advertising tourism. That may be, as Commissioner McDaniel said, something that we need to really focus, perhaps, even more money on. So we just need to get that fleshed out without having a specific plan going forward in terms of some of the issues you raised. But we all agree with the philosophy behind it. We want more money in beaches. CHAIRMAN TAYLOR: And that's -- I think that's what I think the public needs to hear, I really do, and thank you very much. But I think that's what we needed here. So do we have any speakers, Mr. Miller? MR. MILLER: No, ma'am. CHAIRMAN TAYLOR: All right. May 23, 2017 Page 69 MR. OCHS: So we look forward to getting into some detail on the 13th. CHAIRMAN TAYLOR: Thank you very much. MR. OCHS: You'll also have your report on the amateur sports complex just before your sitdown with the TDC, so I think that will all come together hopefully in a nice package. CHAIRMAN TAYLOR: Wonderful. Thank you. MR. OCHS: Thank you. Item #11A RECOMMENDATION TO AWARD BID #17-7056, “IMPERIAL GOLF COURSE BOULEVARD WATER MAIN REPLACEMENT,” PROJECT NUMBER 70134, TO QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF $1,124,529.90, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – APPROVED Commissioners, that takes us to Item 11A this morning. This is a recommendation to award a competitive sealed bid to the -- for the Imperial Golf Course Boulevard water main replacement project, and that award is recommended to Quality Enterprises USA in the amount of $1,124,529.90. Mr. Chmelik, your Public Utilities Engineering and Project Management Division Director, is prepared to make a presentation or respond to questions from the Board. CHAIRMAN TAYLOR: Any questions? (No response.) CHAIRMAN TAYLOR: Do we need a presentation? (No response.) CHAIRMAN TAYLOR: Do I hear a motion? COMMISSIONER SAUNDERS: I'll move to approve. May 23, 2017 Page 70 COMMISSIONER McDANIEL: I'll second. CHAIRMAN TAYLOR: Motion on the floor to approve and a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: Thank you very much. COMMISSIONER McDANIEL: That was a wonderful presentation. MR. CHMELIK: Thank you, Commissioners. MR. OCHS: Thank you, Tom. Very good, Tom. Item #11B RECOMMENDATION TO ACCEPT A MULTI-WAY STOP WARRANT STUDY AND APPROVE THE INSTALLATION AND OPERATION OF A 4-WAY STOP CONTROL AT THE INTERSECTION OF ST. ANDREWS BOULEVARD AND WARREN STREET AT A COST OF APPROXIMATELY $3,100 Commissioners, these next two items, 11B and 11C, are not companion items; you vote on them separately, but they are related. And you had asked the staff to -- when we did come back with specific recommendations, to give you an idea more comprehensively of the program that we put together with Commissioner Fiala's leadership and the leadership of the neighborhood out there on and along St. Andrews Boulevard. So I would ask Jay Ahmad to go through that presentation, and May 23, 2017 Page 71 then we'll come back individually to each of these items for a board vote. Jay? MR. AHMAD: Good morning, Madam Chair, Commissioners. I'm Jay Ahmad, for the record. Thank you, County Manager. We do have two items on the agenda and a presentation in response to public petition that was presented to you on May 9th. Just to get you oriented with this project, or this area, Rattlesnake Hammock is just on the top of the page, Santa Barbara just comes down, and the area in question, of course, is St. Andrews. St. Andrews is -- it goes in a southwesterly direction and intersects with U.S. 41. This is Wildflower, and you'll be hearing about Wildflower Way and Warren Street in my presentation. Of course, the Board approved a multi-way stop sign at the intersection of Wildflower and St. Andrews a couple weeks -- a couple meetings ago, and today we are asking for approval of a multi-way stop sign at Warren Street and St. Andrews. And we're also asking for a reduction in speed limit on St. Andrews for the entire length of it as well as a reduction of speed limit from 30 miles an hour to 25 miles an hour on Augusta Boulevard, which intersects Rattlesnake to Forest Hill. Forest Hill is this roadway. The request is for an engineering study to support speed limit reduction from 30 miles an hour to 25 miles an hour on both St. Andrews and Augusta. You've heard from the petitioner that there's an increase in traffic on St. Andrews. Again, this is a larger map and a box in blue we had here; St. Andrews is this roadway. You've heard that there's been an increase in traffic on St. Andrews and other related roadways. We have been studying this for roughly about 12 years, and every year we count traffic. We have shown increase in traffic on the north May 23, 2017 Page 72 section of St. Andrews. We have actually seen an increase in traffic on all roads. But, you know, when we had Santa Barbara Boulevard extension comes directly across, we promised these folks we're going to be looking at this area pretty closely, and we have been doing this almost yearly. The increase in traffic that was -- when we planned Santa Barbara is -- was feared that some people will come down Santa Barbara and would continue all the way to U.S. 41. The studies that we have been doing almost yearly showed, yes, there's almost a doubling of traffic on St. Andrews on the north of Wildflower but, in fact, that traffic does not continue all the way down to U.S. 41. The traffic counts near U.S. 41 remain pretty much steady. There is an increase but not significant. And one would question why the doubling of traffic here? And this slide and the next slide can go through this. In the box in blue, back in 2007, there were approximately 7,000 units approved, both multifamily and residential. And I'm going to advance in the same box in 2017, almost 4,000 more units in this area of blue, as you see. Almost a city was built, Lely Resort, to the east, and you could see -- I'm just going to advance back. You could see where -- these homes, the 4,000 that I'm talking about. There's been, you know, of course, Treviso Bay and the Isles in this area; also contributed to this. In my past life with projecting traffic, I would say, this, kind of, 4,000 units would have added 20- to 30,000 cars. And, yes, that's why you see increases on these roadways. These -- the increase on St. Andrews, frankly, people are using this roadway to go home, to go to their development, to access, of course, St. Andrews itself, to also go to Naples Manor, which also intersects through Warren Street. As I mentioned, we've been doing studies and efforts with the community for close to since Santa Barbara, frankly, been opened. May 23, 2017 Page 73 And some of the solutions we've had implemented or been working on with the community, the roadway was a four-lane roadway a while back, and some of you may remember this. We shrunk it to two lanes and bike lane on each side, and there's a gore area separating the bike lane from the through lanes. We've -- I know Commissioner Saunders asked why can't we implement some speed tables or some speed humps. Actually, we've had 12/12 (sic) speed humps on this roadway already. COMMISSIONER McDANIEL: There are, yeah. I was just going to say. MR. AHMAD: There are quite a few speed humps. It's probably one of the most speed-humped roadways in the county. There have been a lot of complaints about, is the speed hump too high or too low? And we have been verifying that almost -- we've actually changed the height of them to standards when we resurfaced the roadway about three, four years ago. So the speed humps, we just measured them again, they're actually, minimum, three-and-a-half inches, which is a standard design for speed humps. The neighborhood said we have a lot of trucks in the neighborhood, and we've implemented no through trucks over a ton. If a truck is serving the community, we -- of course, that is allowed. But a through truck, throughout the whole area -- we've had over a dozen or more signs restricting truck traffic. Signal timing, a lot of people expressed to us through the years as you come down south on Santa Barbara, there's a whole platoon of traffic, cars, anything down at them. We have, actually, the lowest timing going southbound in the county at this intersection, 12 seconds, which allows approximately four cars in the platoon. Some people start running yellow lights, and the red light as a result, but we have been watching it. So it is actually 12 seconds going southbound. May 23, 2017 Page 74 We've done speed studies on St. Andrews, several of them. Our speed studies kind of demonstrated that the speed hump's actually effective. Around 30 miles an hour is what we found the measurement of the 85th percentile speed, which is 85 percent of the drivers driving at 30 miles an hour or about or lower. So, yes, there are people who are driving 50, we found, or 45, those 15 percent outliers. Yeah, we have counted them as well. Again, I mentioned speed studies, and we kind of agree with the residents that the traffic have increased on this roadway, no question about it. We've been reviewing crashes. We had an unfortunate fatality on the roadway not long ago, and the folks who live on the roadway became very concerned. We reviewed that crash with the Sheriff's Department, the -- it's a driver's error as stands today. The driver just left the roadway, struck a pedestrian on the sidewalk. It's very unfortunate. We've discussed roundabouts with the community and at the intersections that we are recommending stop signs. And we haven't implemented that. Obviously, the cost of roundabout is -- it would have to be creating a project. We added multi-way stop signs, and today we're here, again. We added one on Wildflower, and today we're adding one on Warren Street at St. Andrews. Some of the folks asked us for pavement marking modifications. As I mentioned, we had reduced the lanes and we created that gore area between bike -- the bike lane and the through traffic. The sheriff has been very helpful with us. We've had speed enforcement, extensive speed enforcement on St. Andrews. As a matter of fact, I drove a couple weeks, and they had the motorcycle right in the median. They have been enforcing the speed. What I've been hearing is most of these people getting tickets are the residents of St. Andrews, frankly, and Augusta, and some, of May 23, 2017 Page 75 course, from Naples Manor. So Commissioner Fiala, on April 26th, assembled a team of neighborhood leaders, the community leaders, and our County Manager and Deputy County Manager was in attendance, myself and staff, and the Sheriff's Office had representation. We've laid all this thing out. And, you know, we discussed what can we do and some of the items that were presented in the petitioner's request last board meeting, or when she presented it. Here's the items that we said we can do. Again, we are reducing the speed limit from 30 miles an hour to 25 miles an hour. It is on your board agenda, 11C or 11B. We are installing -- the residents asked, if there is some signing as you come down Santa Barbara at Rattlesnake that would -- instead of those folks from Lely Resort would come down, travel to Wildflower Way, there's some signing. We are in the process of adding that sign. We, today, again, as I mentioned, are asking for multiway stop signs control at Warren Street. They asked us for delineations. There's some people who are passing on the right during that April 26th meeting. Some people passing on the right at the stop signs or those locations where we're having. So we're going to have, as a first interim solution, some delineators that -- and I'll show you some pictures of what it would look like. That would restrict that movement. You can't -- unless you go over those delineators. Again, those delineators on Wildflower and Warren Street. They asked us if the stop signs could have some kind of positive flashing, or there are technology out there -- there is a technology out there that has those flashers on the stop sign. So we agreed that we will add those flashers on those three intersections. One at Wildflower Way with St. Andrews and Warren Street intersection and on Augusta approaching Forest Hill. May 23, 2017 Page 76 They said the bike lane pavement marking -- they were concerned that they're fading, so we're actually going to re-stripe the entire St. Andrews for not just the bike lanes, but also the lane lines, and it's in the process. The work order is out there. The sheriff accepted their request for selective enforcement. So the leadership we're asking of -- the community asked for that, and the Sheriff was at the meeting and accepted that, and they'll do that periodically. This is what the sign I mentioned going south on Santa Barbara would look like. We'd basically hopefully take some of that traffic that's going straight down accessing their homes to Wildflower through -- to take it down left and access Grand Lely Resort, which leads also to their homes. The flashing stop sign looks like this. There's dots, LED dots on them. They'll flash -- It gives better visibility of the stop signs. These are the delineators. They are not the prettiest thing in the world, but they are hopefully temporary because we have the slide after with -- with these delineators, basically, there's a temporary curbing kind of -- and these delineators will sit on top of them. I certainly don't want to see them throughout the county. They are not the most aesthetically pleasing item that -- you know, this stuff you see in New York City or Miami or places like that. COMMISSIONER SOLIS: They get your attention. COMMISSIONER McDANIEL: I was going to say, if we could get the kind where little spikes pop up when someone does it, then they're sitting there, and we know who the offenders are. No, that's not -- MR. AHMAD: Is that the recommendation? COMMISSIONER McDANIEL: No, no, no. Okay. MR. AHMAD: Okay. The last thing we agreed is to create a project and fund it in FY'18. Instead of having these delineators -- May 23, 2017 Page 77 actually, I'm going to show this slide. This is, today, how the -- this is Wildflower and St. Andrews. As I mentioned, it's only one lane in each direction. There's a bike strip, the separator and paint and, of course, you get into the bike lane in both directions. So the width is pretty wide. It's around 22 to 23 feet. So what we're talking about is essentially taking this curb and bringing it closer so you don't have the ability to pass on the right, and this is kind of a sketch of what we're talking about. The curb would narrow or nick down the intersection and the lanes so nobody can -- with this wide pavement, nobody can pass on the right. This is, again, a project. We're going to do this at Wildflower Way, we committed, and also at Warren Street. And in addition, there will be improved pedestrian crossings, like crosswalks and handicap ramps and so forth. I mentioned the project will be funded with our FY'18 budget, and we're going to hold a public information meeting discussing this with the residents. Some of them are seasonal residents, so we plan to do it in January, and hopefully we'll be in design in a short time -- this is not a very complicated project -- and constructed in the fall. And this concludes my presentation. I'll be happy to answer any questions. COMMISSIONER McDANIEL: Are we allowed to make a motion on behalf of Commissioner Fiala? CHAIRMAN TAYLOR: We're allowed to make a motion. MR. OCHS: Madam Chair, if we could take 11B first, that would be the recommendation to accept the multi-way stop warrant study and approve the installation and operation of four-way stop control at the intersection of St. Andrews Boulevard and Warren Street. CHAIRMAN TAYLOR: Do I hear a motion? COMMISSIONER SOLIS: So moved. COMMISSIONER McDANIEL: Second. May 23, 2017 Page 78 CHAIRMAN TAYLOR: Just a point of discussion. Just -- I'm really impressed that the neighborhood wants this. I mean, this is truly a wonderful way to proceed forward working together to try to solve the problem. So, really, hats off to the neighborhood for getting involved to this degree and for staff working with them. MR. AHMAD: And to Commissioner Fiala. Frankly, she has led this effort through multi meetings. And that April 26th meeting is -- she assembled the leadership team with the community. Does everybody agree with this? Obviously, we're still receiving multi emails, you know, in the neighborhood, but the majority of the folks, I think they would be happy with these recommendations. CHAIRMAN TAYLOR: Good. Thank you, Commissioner Fiala. All right. So there's a motion on the floor and a second. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you, Commissioners. Item #11C RESOLUTION 2017-99: RECOMMENDATION TO AMEND EXHIBIT “A” TO RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON COUNTY MAINTAINED ROADS, TO REFLECT A REDUCTION OF THE SPEED LIMIT ON ST ANDREWS BOULEVARD AND AUGUSTA BOULEVARD, May 23, 2017 Page 79 FROM THIRTY (30) MILES PER HOUR TO TWENTY-FIVE (25) MILES PER HOUR AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENT TO FUND THIS AND OTHER SAFETY RELATED COSTS WITHIN PROJECT NO. 60213 – ADOPTED Item 11C, then, would be the recommendation to reduce the speed limit on St. Andrews Boulevard and Augusta Boulevard from 30 miles per hour to 25 miles per hour. COMMISSIONER McDANIEL: So moved. COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Okay. I failed to ask before, but I think, Mr. Miller, you would have asked me. No speakers, is that correct? MR. MILLER: No. CHAIRMAN TAYLOR: All right. We have a motion on the floor and a second. Any discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Great. Thank you. Item #11D RECOMMENDATION TO CONSIDER THE OFFER FROM WINCHESTER LAKES CORPORATION AND FRANCIS AND May 23, 2017 Page 80 MARY HUSSEY TO ENTER INTO A PUBLIC PRIVATE PARTNERSHIP WITH THE COUNTY AND ULTIMATELY TRANSFER TITLE TO THE COUNTY FOR PROPERTY LOCATED IN SECTIONS 29 AND 32, TOWNSHIP 49S, RANGE 27E – MOTION TO APPROVE STAFF’S RECOMMENDATIONS WITH THE ADDITION OF A SECOND APPRAISAL – APPROVED MR. OCHS: Item 11D is a recommendation to consider the offer from Winchester Lakes Corporation and Francis and Mary Hussey to enter into a public/private partnership with the county that would ultimately transfer title of that property to the county. Ms. Toni Mott, your Manager for Real Estate Services, will make the presentation to the Board. MS. MOTT: Good morning. For the record, Toni Mott, Real Property Management. Thank you, Commissioners, for allowing us to bring this item before you today. As directed by the County Manager's Office, the offer is being presented for board consideration. The location map identifies where the property is located. Our next map shows the breakdown between the sending lands and the receiving lands, and our last slide is the recommendation to direct the County Manager or his designee to evaluate the public/private partnership proposal and to obtain a single appraisal and to authorize due diligence expenditures not to exceed $50,000, and bring back the evaluation with recommendations. CHAIRMAN TAYLOR: Thank you. Any questions? Commissioner McDaniel? COMMISSIONER McDANIEL: I'd like a further definition of a public/private partnership. What's your feelings there? I mean, I don't want to lead you. Just -- May 23, 2017 Page 81 CHAIRMAN TAYLOR: That would be the County Manager. COMMISSIONER McDANIEL: That's who I was looking at. MR. OCHS: Okay. The public/private partnership that has been suggested involves some potential mining in the receiving lands where there would be a negotiated arrangement where the county may receive the benefit of royalties from that and use that as well as the value of the TDRs and the sending lands to offset the ultimate price of the property. I know Commissioner -- if we use that approach, ultimately, after the due diligence, we're pleased that we have, essentially, a subject-matter expert sitting up on the dais that could certainly help the staff evaluate that particular private/public proposal as opposed to an outright purchase, which is the other option that's been offered. Although we haven't been given an actual sales price at this point. COMMISSIONER McDANIEL: And maybe it's just a matter of semantics. In my mind, it was just a straight offer to purchase, or sale, and then we utilize the property if, in fact, mining is a portion of that, that we utilize those revenues. I didn't understand the rationale between -- unless we have to do a public/private partnership, can't we just be an owner and a lessor? MR. KLATZKOW: You can do anything you want to do, sir. COMMISSIONER McDANIEL: Oh, I'll remember that. MR. CASALANGUIDA: Cost component, sir. I think if we were to -- I'm going to throw numbers that aren't on the table. But let's say he said, I want a hundred million dollars for a straight purchase, but if you give me three million down to hold the property as a future purchase and let me mine the rock and you get a discount for the rock, and after a period of time you identify where that lake rock bed would be and what you get back, at the end of that mining period, the transfer would go back to the county, and it would be a nominal cost because the value of that rock excavation would be considered. COMMISSIONER McDANIEL: So it's the semantics of the May 23, 2017 Page 82 transaction is what you're talking about? MR. CASALANGUIDA: Yes, sir. MR. OCHS: Essentially. COMMISSIONER McDANIEL: Okay. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: I know we have some -- I'm sure we have some speakers on this, but a quick question. As the property sits right now, is it available for rock mining, or is that a permitted use, or is that -- MR. KLATZKOW: Conditional. COMMISSIONER SAUNDERS: Is that conditional? MR. KLATZKOW: You would have to come to this board. COMMISSIONER SAUNDERS: Okay. CHAIRMAN TAYLOR: And what about the ability to do it in terms of roads? MR. CASALANGUIDA: There's an existing pit to the northeast of that. It's barely shown on your green. And to the east of that is Vulcan Materials that is in the process of getting a permit to come down Wilson/Benfield Road to the east of that yellow line. And it is high-quality aggregate in that area. Our former county engineer has worked and studied that. There is going to be a deficit of rock in Collier County way past my tenure and your tenures, but it's one thing to evaluate and consider. CHAIRMAN TAYLOR: I'm kind of -- not confused, but I kind of look at that because, Mr. Casalanguida, we've had conversations, more than one occasion, to say that when you move something twice, you lose the value in it. So the idea that we're going to use rock for our future, where's our future? When's it going to happen? Meanwhile, if we own the property and we start sighting things out there, how are we going to do that to accommodate future mining, or will it be future mining? I May 23, 2017 Page 83 mean, there's a lot -- there's sort of devil in the details with this. MR. CASALANGUIDA: Yeah. You wouldn't move it twice, ma'am. That's not the intent. CHAIRMAN TAYLOR: Okay. MR. CASALANGUIDA: You know, I-75's been widened once to six lanes. Eventually Alligator Alley will be widened. We've got, you know, over a billion dollars worth of roads we have to widen in Collier County. We try and make them cost neutral in the sense and use aggregate from our own water pits but there's going to be a need for aggregate down the road. CHAIRMAN TAYLOR: Oh, no. I'm sure I-75 or whatever -- whatever happens. It's more, what do we have now that we need to put rock into now, like, in the next two years, three years? MR. CASALANGUIDA: You don't. You don't have anything you need. CHAIRMAN TAYLOR: So if we buy the property -- and this is not pulling -- pouring water, or rock, on the concept of it -- there would have to be an understanding that if we're going to use it, then it would have to be mined at a specific time, which may interfere with future development on the receiving lands, because this might become the Central Park of Collier County. So the mining issue is something that might be more of a deterrent for the future, you said, this property, than an asset, except monetarily; just a thought. MR. CASALANGUIDA: And that's part of that due diligence. MR. OCHS: That's why we could -- CHAIRMAN TAYLOR: Why do we have a single appraisal? MR. CASALANGUIDA: I suggested a single appraisal because they're expensive, about 13,000 apiece; that if you had an appetite after you saw the single appraisal and you said, okay, the number's reasonable, let's go forward, you'd get the second appraisal. May 23, 2017 Page 84 CHAIRMAN TAYLOR: How do we know it's reasonable -- COMMISSIONER McDANIEL: I'll let you know. CHAIRMAN TAYLOR: -- if we don't have more than one appraisal? Well, you're in the business. You don't count. COMMISSIONER McDANIEL: Agreed. No, I don't count. And if I might, since my light's on, and I just would like to answer a question that you had. CHAIRMAN TAYLOR: Yeah. COMMISSIONER McDANIEL: This isn't -- our staff's been very diligent about sharing with us the potential -- our potential uses and needs for the aggregate material. The State of Florida -- the Department of Transportation and the State of Florida consumes 140 million tons of aggregate on an annual basis. CHAIRMAN TAYLOR: No question there's a need. COMMISSIONER McDANIEL: And that's not a -- that is not a largely known number that is out there. So I just wanted to say that, because you were asking very specifically about what our particular needs are for our municipality, but that is a number that the State -- the DOT does. CHAIRMAN TAYLOR: No. No question there's a need with the growth we're having in Florida; no question. All right. All right. Thank you. Mr. Miller, can we go to our speakers, please. MR. MILLER: Your first speaker is Nancy Payton. She will be followed by Meredith Barnard. MS. PAYTON: Good morning. Nancy Payton representing the Florida Wildlife Federation. Last week the Florida Wildlife Federation, knowing that there is a willing seller of the Triple H Ranch, nominated it to Conservation Collier for the acquisition and protection of the 110 acres with no exceptional benefits clause. May 23, 2017 Page 85 COMMISSIONER McDANIEL: Say that again. MS. PAYTON: No exceptional benefit clause or invoking of the exceptional benefits clause under Conservation Collier, which allows the county to override the conservation values for something that they deem is of exceptional value which, in this case, probably is rock mining. COMMISSIONER McDANIEL: Rock mining, TDRs, road right-of-way. MR. OCHS: Roads, recreation. MS. PAYTON: TDRs is okay. COMMISSIONER McDANIEL: So basically have us -- have the county buy it with Conservation Collier money and no additional public benefit then associated? MS. PAYTON: No. Let me finish my testimony -- COMMISSIONER McDANIEL: Okay. MS. PAYTON: -- because there is opportunity. Conservation Collier purchase policy requires two appraisals, so we request that two appraisals be pursued by the county rather than one, so that if the county commissioners agree to proceed with evaluating for Conservation Collier, you'll have those appraisals. Also we request that you consider when you discuss Conservation Collier that there are mitigation opportunities. There are going to be wetland and wildlife impacts associated with your various infrastructure projects, and the mitigation ought to be done in Collier County, not going to Hendry County or beyond to fulfill those obligations. County ought to benefit from that, and a structured Conservation Collier purchase could do that. Also there are issues about diverting water from the Golden Gate Canal and rehydrating North Belle Meade. This is another opportunity, another area that can be rehydrated with water from the Golden Gate Canal. May 23, 2017 Page 86 Lastly, there could be tremendous recreational opportunities, close-in recreational opportunities for people in the Estates -- and we're not talking about ATV parks -- and also in the urban area. There are plenty of opportunities that can be provided by natural lands. There's a growing interest in hiking and birding and nature watching. So there are good things that could happen with a county purchase and protection of the Triple H Ranch. COMMISSIONER McDANIEL: I apologize for interrupting you. MS. PAYTON: That's all right. Well, I was ready for you. COMMISSIONER McDANIEL: Yes, you were. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: I may have misheard. You said something about 110 acres? MS. PAYTON: Oh, I'm sorry; 1,010 acres. Thank you for -- COMMISSIONER SAUNDERS: You're talking about the entire parcel? MS. PAYTON: The entire ranch. Thank you for catching me on that. Thank you. MR. MILLER: Your next speaker is Meredith Barnard. She'll be followed by Brad Cornell. MS. BARNARD: Good morning. Meredith Barnard on behalf of the Conservancy of Southwest Florida. The good news today is that the owners of Triple H Ranch want to sell their property to the county, and even better news is that such an acquisition, if made for conservation purposes, would offer a fantastic opportunity for the county to acquire over a thousand acres in the North Belle Meade area, which the owner has even acknowledged contain a vast amount of ecological value. The proposed offer from the landowners, though, is really far from ideal. So what is a better alternative? Well, you just heard it May 23, 2017 Page 87 from the Florida Wildlife Federation. It's a great alternative that purchases the Triple H Ranch for conservation in its entirety through the Conservation Collier program. So why conserve the whole property? Well, North Belle Meade, as you know, is largely undeveloped, includes substantial forested areas and wetlands, which I have a map to show you that the majority of the property is covered in sensitive wetland habitats. It also provides valuable habitat for wildlife, specifically access foraging and nesting habitat for the endangered red-cockaded woodpecker, which you can see historic colonies there in the area and surrounding area showing that it is a important area for this species and, lastly, the ranch is situated entirely within primary panther habit. You can see the telemetry and GPS points that indicate individual panthers. And the crosshatch, which is hard to see but covers the majority of the property as well, is the adult breeding area. So then why not mining and active recreation on the other two-thirds of the site? Well, from an ecological perspective, I could just repeat everything I just said about the ecological value of the land, but the Conservancy also believes that there's a practical side the county should consider. For example, is it appropriate or even wise for the county to enter into a public/private partnership that obligates you to be in the business of rock mining? You'd be responsible for time-consuming, costly, and an uncertain process in terms of obtaining the permits for such an operation. It would be time consuming because of the ecological resources of the property. It would be costly not just because of the general cost related to obtaining permits for an area in such an ecologically sensitive area, but also the mine could trigger an EIS, an Environmental Impact Statement, to be done by the Army Corps for the surrounding mines in the area. May 23, 2017 Page 88 And the EIS would evaluate all the cumulative impacts from the mines within the North Belle Meade. And if the Corps does do an EIS, they would charge the applicant for it. So the county would be charged with that, and they're expensive. They're not cheap. It would be uncertain because, after all that, your permit may not -- may even be denied. So permitting and owning a rock mine on Triple H Ranch is not a good deal for the county. You're being presented today with two proposed courses of action for this property, and the Conservancy requests that you consider Triple H Ranch for acquisition in its entirety through the Conversation Collier program. These are environmentally sensitive lands, and conserving them in perpetuity is important. You maybe even could consider this the Edison Farms of Collier County here. There are still outstanding questions -- CHAIRMAN TAYLOR: That's it. Yeah. Commissioner McDaniel? No? Okay. I'm sorry. MS. BARNARD: Thank you. CHAIRMAN TAYLOR: Your time is up. Thank you. MR. MILLER: Your final speaker on this item is Brad Cornell. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell. I'm here on behalf of Audubon of the Western Everglades. Appreciate the opportunity to speak to you today. This was a surprise to us to see the item show up on the agenda. We've taken a good, close look at it and, frankly, I think what you've just heard from Nancy Payton and Meredith Barnard is probably one of our best options to look at is for the county to own it, which was part of the proposed partnership, but to own the entire thing without the mining lake in the middle of it. So we're supportive of that consideration. We had a lot of questions about the partnership because it just wasn't fleshed out May 23, 2017 Page 89 clearly for us. We just -- I mean, we understood that there was mining, there was transfer of ownership, and there were these various facets of how that would work; not at all clear to us. What is clear to us is the value of this ranch. And I think the Husseys acknowledged that. I think that we all recognize that. Certainly, the county has recognized that over the years. And we want to encourage you to consider moving in that direction of purchase for conservation value. In the parallel process of consideration in the rural fringe mixed-use district where you had a workshop just recently, you recognized that there is a real need to consolidate ownership of conservation lots in the sending areas. It's a hinderance right now to have this checkerboard of mixed ownership and inability to manage those for fire, for hydrologic restoration, for the conservation values of habitat. Having this in county ownership through whatever means -- and Conservation Collier seems like a very logical one -- that solves a lot of problems in these sending areas in the need to consolidate that ownership. So we urge you to consider that value very strongly. Thank you. CHAIRMAN TAYLOR: Thank you. Is that it, Mr. Miller? MR. MILLER: That concludes our speakers. CHAIRMAN TAYLOR: All right. Thank you. All right. Commissioner McDaniel? COMMISSIONER McDANIEL: Well, I kind of feel like I'm at an AA meeting. I am a miner. I want to say that out loud. COMMISSIONER SAUNDERS: Are you a recovering miner or -- COMMISSIONER McDANIEL: Yes, well, kind of. CHAIRMAN TAYLOR: No, he's not recovering. He's a miner. COMMISSIONER McDANIEL: He's not recovering. He is a miner; he has been one for quite some time. And there is -- there is a lot of economic viability in utilizing that -- am I getting the beeper? I May 23, 2017 Page 90 thought I was allowed to talk. There is a lot of economic viability in utilizing that as a portion of this tract. There is 1,200 acres or so to the north of this tract that's already permitted by Vulcan to be a rock quarry per se, an extension of where APAC and such are operating on Mr. Brown's piece to the north of this. There is right-of-way acquisition that comes along with this. I remember we were tied up for quite some time with the ultimate extension of Wilson Boulevard in some form or fashion that comes down through there. And Dr. Hussey, as you can tell, owns, effectively, two miles of that road right-of-way along the way. So I would like to say, for purposes of discussion, I wanted some clarity on the public/private partnership aspect. I think it would be prudent for us to move this forward in some form or fashion. And I'd like to make a motion for approval of such and see -- as we've said multiple times, the devil's in the details, and we'll get to the ultimate analysis as to whether it makes sense for us to acquire or not. CHAIRMAN TAYLOR: There's a motion on the floor. Do I have a second? COMMISSIONER SAUNDERS: Madam Chair, on the motion, before you call for a second -- CHAIRMAN TAYLOR: Okay. COMMISSIONER SAUNDERS: -- because I may ask the maker of the motion to consider some additional language to it. I don't know anything about this particular piece of property other than what was discussed here by some folks that have looked at it, I assume, over some significant period of time. I would like to have the two appraisals done, as opposed to the one, so this could be positioned for a potential Conservation Collier acquisition, if we deem that to be appropriate. And I believe the committee has passed that on with that recommendation. May 23, 2017 Page 91 So it's been viewed by the Conservation Collier Advisory Group or not? Then you need to have that reviewed so that we can make some final decision down the road here. But I'd like to see the analysis done; that we have two paths we can go down. One would be the Conservation Collier acquisition, get the two appraisals so it's positioned for that, and then in terms of the public/private partnership, I agree that that would need to be fleshed out quite a bit. So if you would be willing to amend the motion to reflect that we'll take a look at the public/private partnership but, in addition, the two appraisals to see if we can move this forward with Conservation Collier as a possible alternative as well. COMMISSIONER McDANIEL: Might I ask a question? And it's a -- just a matter of semantics. I don't -- I'm not about going out and spending a lot of money while we're in the exploratory process. And if we get an appraisal done, that will ascertain a value from one appraiser. And then, should it become warranted through the balance of the exploration with regard to the public/private partnership sale, lease back, however we end up managing it, we can always go get a second appraisal before we go -- rather than jumping right now and spending money on an additional appraisal, it's an extra -- it's not a significant amount, but we can get a decent idea as to what the market value is of -- the market value is of the site. COMMISSIONER SAUNDERS: The problem with just one appraisal, and Commissioner Taylor pointed this out, and I think it's fairly accurate, that you get one appraisal, you don't know if it's a high, low, middle appraisal; you just really don't know where to go with that other than to go get additional appraisal work. COMMISSIONER McDANIEL: I could pretty much tell you I've been all over this site. I've been in the real estate business for 30 years, in the mining business for 20, I can give you -- I can give you a really good valuation almost today. May 23, 2017 Page 92 So, I mean, if you want to do two appraisals and you want me to amend my motion to that effect, is there -- is the money spent for acquisitions by Conservation Collier spent from the public treasury or spent from Conservation Collier? COMMISSIONER SAUNDERS: I think -- well, my assumption is that everything spent on Conservation Collier acquisitions and properties leading up to the potential acquisition would be paid for through Conservation Collier funds. So I would assume that the appraisal work could be paid for out of that fund. COMMISSIONER McDANIEL: At this particular stage, wouldn't it be prudent for us to go ahead as staff recommended, do one appraisal now, get and ascertain the value of the site, make some business decisions. And if, in fact, it's warranted that Conservation Collier be the acquiring entity, let them get the second appraisal so we can validate our purchase price and move on through the process. CHAIRMAN TAYLOR: I think I'd prefer Commissioner Saunders' way of getting the two appraisals at the beginning, because that way we're set to make a decision. COMMISSIONER McDANIEL: I don't think it's -- well, forgive me. We're -- are we allowed to discuss? I just -- CHAIRMAN TAYLOR: We're discussing your motion. COMMISSIONER McDANIEL: I want to stay on procedure with Conservation Collier acquisitions, and I don't think we -- this is not a Conservation Collier. We've had three people come up here today and tell us that it ought to be owned by Conservation Collier. And so -- and we weren't here today to talk about it being owned by Conservation Collier. We were here today to -- are you okay, Commissioner Saunders? COMMISSIONER SAUNDERS: I'm okay, but I'm breaking all my equipment. COMMISSIONER McDANIEL: He knocked over his thing. May 23, 2017 Page 93 But we were here today to talk about whether or not we move this forward, and I don't think we ought to accelerate Conservation Collier's involvement any more than what it ought to be, because there's a lot of information that needs to be ascertained before I'm going to go down that path, period. So staff's recommended we get an appraisal that will let us ascertain a value. I don't think we -- I think we should just follow staff's recommendations with one appraisal. That's enough for right now. We can always get a second if it's determined that Conservation Collier is the acquiring entity, and we're not outside our box of expending funds for another government-owned agency to own land. CHAIRMAN TAYLOR: Well, there's a motion on the floor. Do I hear a second? Are you seconding it, sir? COMMISSIONER SOLIS: My light's on. CHAIRMAN TAYLOR: I know, but I didn't -- okay. We'll listen. All right. There's no second, so we'll just reserve. COMMISSIONER SOLIS: Not yet, okay. CHAIRMAN TAYLOR: Not yet, okay. COMMISSIONER SOLIS: Number one, I think we should move forward and look at what the possibilities are. I agree that -- number one, I'd like to know -- I know Ms. Payton said that they had nominated the -- I mean, has the property owner filed an application with Conservation Collier? Because that's the process that -- that's the way it works; the owner files an application. MR. KLATZKOW: You can get all the appraisals you want. If they don't want to sell the property to Conservation Collier, they won't. COMMISSIONER SOLIS: Right. MR. KLATZKOW: You may want to ask them for what their proposed purchase price is. COMMISSIONER SOLIS: Well, this is -- right. Number one, I mean, if -- we're talking about Conservation Collier buying a piece of May 23, 2017 Page 94 property. That's a willing seller program. If it hasn't been submitted to Conservation Collier for purchase, then what are we talking about, number one; number two, you know, I'm not a miner, but I stayed in a Holiday Inn. And it seems to me that an appraisal would include the value of the mining rights and the mineral rights, and that may be a number that we just don't want to talk about. And so, I mean, I think I'd be okay with staff's recommendation to have one appraisal. It might just be a number that's so high that, number one, it might not even be feasible to even consider for Conservation Collier because the increase in millage will provide a certain amount of revenue every year. You know, I think we might be putting the cart before the horse. So I would -- if the motion was to go forward with -- as what's been proposed by staff, I would second that motion. COMMISSIONER McDANIEL: That was the motion. CHAIRMAN TAYLOR: Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: On the motion, I understand the process with Conservation Collier that it's obviously a willing seller. We never get into any type of eminent domain or anything with Conservation Collier, but the property owner has said that -- from what I understand from the staff report, that they're willing to do one of two things: Sell property to the county outright, which means that they're a willing seller, or do a partnership, which also means that they're willing to do that. So the property owner has already indicated they're willing to sell the property to the county. What we're talking about now is if this property is reasonably valued. If the seller is reasonable in what the seller's expecting, then the next question becomes, well, how does the county pay for it? And Conservation Collier is one mechanism that we could use. So I think, Commissioner Solis, in terms of the process, they May 23, 2017 Page 95 haven't made an application for Conservation Collier, but they've certainly told us they're a willing seller. And I don't think the seller would mind where the money comes from, whether it's out of Conservation Collier account or out of a General Fund, as long as the price is right. So all I was suggesting is let's go ahead and get it set up so that if we do decide in 30 days or whenever this comes back that, you know, this is a great piece of property, we should buy it with Conservation Collier, at least we're positioned to do that. If we decide that this is a great piece of property and we should do a public/private partnership, I guarantee you we're going to ask for an additional appraisal because we're not going to accept one appraisal. So all I'm suggesting is maybe this is a way to expedite it. That's all. And I don't think it binds us in any way to do anything with a public/private partnership or with just an outright purchase. I am a little reluctant for the county to be in that type of a business, not because there's something wrong with rock mining, but I just don't know that we should be in any kind of business. MR. KLATZKOW: We would not be in that business. There would be some sort of an agreement where somebody else would be in the business. COMMISSIONER SAUNDERS: No, I understand we'd have somebody mining our property for us; I understand that. But we would be in the business. I mean, if I own a piece of property and I lease it out to somebody to do some rock mining and I'm getting royalties back, I'm in the rock mining business, and I don't know that we should be in that type of operation. That's just a philosophical issue we'd have to debate down the road. I mean, you know, for example, if we own a piece of property, and we're getting royalties from a rock mine, and we're going to have a major road construction project, are we going to direct the contractors May 23, 2017 Page 96 to our property? COMMISSIONER McDANIEL: Yes. COMMISSIONER SAUNDERS: Well -- COMMISSIONER McDANIEL: The sole source of it. I mean, Highlands County has a sole-source mine up on State Road 31. They get all their aggregate materials from their own piece. And we're way down the road on the topic of discussion that was in front of us today. I mean, there are a lot of benefits to the ownership of this, even if it isn't rock mining. There is housing affordability issues, there's road right-of-way issues, there are, as already been brought to us today, huge environmental value for the community. I don't disagree with any of those things. I mean -- and, you know, I've been all over this piece of property personally. There's been an inordinate amount of clearing that's already been done in advance of the proposition when the applicant came through, how long ago it was, eight years, 10 years ago when they came through for their mining permits. So there's a lot of -- there's a lot of disruption from an environmental perspective that's already transpired. So I think we came today to talk about -- and the staff made a viable recommendation. I think we should follow what staff has recommended, and then in -- and then in the advent that a partnership does, in fact, evolve, we can always go get another appraisal, and we're not going to delay the process at all. CHAIRMAN TAYLOR: Well, I disagree. And I think we have a motion on the floor and a second, but I think clearly that motion -- I'm going to use my colleague's words to my left who accurately, you know, appraises this kind of situation. But if I can count heads, it's going to fail. So I think we kind of need to come to some compromise here where I think the request is to have another appraisal. MR. OCHS: Commissioner, if I might. May 23, 2017 Page 97 CHAIRMAN TAYLOR: Yes. MR. OCHS: You know, if the desire at this stage is to have two appraisals instead of one, we could certainly do that using General Fund dollars so it wouldn't necessarily predetermine that it's going to be a Conservation Collier purchase, but we could get two appraisals for you. If it turns out, ultimately, that the Board wants to purchase the entire property under the Conservation Collier program, Conservation Collier could obviously reimburse the General Fund at that point. That gets you two appraisals but doesn't commit to the uses of the land at this point. CHAIRMAN TAYLOR: So the motion maker is indicating that he's fine with two appraisals. COMMISSIONER McDANIEL: You know, I -- yes. CHAIRMAN TAYLOR: Okay, good. And we have a second. Seconder agrees to those -- to the -- COMMISSIONER SOLIS: Yes. I mean, if -- CHAIRMAN TAYLOR: How dare you say anything else but yes at this point? COMMISSIONER SOLIS: Well, I just want to say why I'm saying yes. I mean, you know, I want to put my two cents worth in, but I should have used that when we were talking about the Penny Plan. A whole 'nother thing. COMMISSIONER McDANIEL: Two-penny plan. COMMISSIONER SOLIS: No. You know, $13,000, I wouldn't want to delay this just for staff to look at that time so -- I mean, I don't think we need to spend it, but certainly to move it forward, I'll agree to it as well. CHAIRMAN TAYLOR: All right. So there's a motion on the floor and a second to follow staff's recommendation and to include another appraisal. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. May 23, 2017 Page 98 CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you very much. MS. MOTT: Thank you. Item #12A RECOMMENDATION TO AUTHORIZE THE COUNTY ATTORNEY TO PURSUE AN APPEAL IN THE ELEVENTH CIRCUIT COURT OF APPEALS IN THE LITIGATION STYLED COLLIER COUNTY V. HOLIDAY CVS, LLC AND RTG, LLC, AGAINST ONE PARTY, REALTY TRUST GROUP, LLC, AND TO SETTLE THE LITIGATION WITH HOLIDAY CVS, LLC. – MOTION TO PROCEED WITH THE APPEAL - APPROVED MR. OCHS: Madam Chair, we move on to Item 12A, which was previously Item 16K10 on the County Attorney's consent agenda. This is a recommendation to authorize the County Attorney to pursue an appeal in the 11th Circuit Court of Appeals in the litigation involving Collier County, CVS, Realty Trust Corporation, and to settle the litigation with Holiday CVS, LLC. COMMISSIONER McDANIEL: Madam Chair, are we going to work through lunch? CHAIRMAN TAYLOR: Well, let's just -- COMMISSIONER McDANIEL: We've got the court reporter we need to be thinking about. CHAIRMAN TAYLOR: No, I know. That's what I was just May 23, 2017 Page 99 thinking. At this point we have this and -- MR. OCHS: Communications. CHAIRMAN TAYLOR: -- and, yeah, commissioner communications. Are we okay? All right, fine. Thank you. All right. MR. KLATZKOW: Do you want a presentation, or do you just want me to answer questions? COMMISSIONER SAUNDERS: I think I need kind of a brief presentation -- MR. KLATZKOW: Certainly. COMMISSIONER SAUNDERS: -- if you don't mind. MR. KLATZKOW: Certainly. The county, a number of years ago, had an intersection widening project on 41 and Collier Boulevard. It was phased in a series of intersection improvements over there, as the county has grown so much in that part of the county. There was a condemnation proceeding on the corner where the CVS store is, and it took a part of their parking lot away, about 10, 11 cars worth of parking. CVS was of the stated opinion during the trial that they would have to close their store down because this was prime parking spot, close to the front door. And they took the position at trial and told the jury that as of January 1st, 2015, they had made the corporate decision to close the store. That day came and -- the jury awarded, based on that testimony, approximately $5 million between CVS, for lost profits, essentially, and the landlord for, essentially, lost rent. The landlord took the position that he couldn't do anything else with this building; it was specifically designed for CVS. Well, January 1st, 2015, comes and they're still there. We waited some more time until the project was completely over, and they were still there. And as of today, they're still there. May 23, 2017 Page 100 Went to the Board of County Commissioners, and it was the Board's desire to see if we can take back some of that money. The theory that we utilized was basically based on the fact that they had gotten a windfall, so it was an unjust enrichment sort of claim, equitable claim. We filed suit in the local state court here, and because CVS is an out-of-state company, as is the landlord, it was removed to federal court in Fort Myers, and the Judge ruled that, well, the jury probably would have considered all that anyway. They weren't going to upset the jury verdict. So the Judge's theory of the case was a bit different than our theory of the case. We thought we had a separate cause of action. The Judge viewed this as simply emanating from the old eminent domain action. That leaves us with either appealing the case or not appealing the case. There's about a one-in-seven chance that if we appeal the case -- well, that's not quite fair. The 11th Circuit, which is where this case would go, up in Atlanta, about one in seven civil appeals get reversed. So if we figure we're about average, that's what we're looking at. CVS is willing to give up any claims they have for attorney's fees in exchange for our not appealing. The landlord is not willing to do that. Since the Judge has ruled that this case emanated out of a condemnation case, we're now responsible for attorney's fees because, in Florida, any litigation involving eminent domain, the property owner is entitled to their full attorney's fees as well as expert costs. So the thought process I had was since the majority of the award went to the landlord anyway in lost rental and that the landlord was not willing to give up his attorney's fees and CVS was willing to give up the attorney fees, that we appeal this case only as to the landlord. Should it get reversed, it would be an easier case to prove anyway. May 23, 2017 Page 101 CVS's case is based on lost profits, and they might claim that they're not making anywhere near as much money or whatever. The landlord's getting rent, or he's not getting rent. And that's what I'm asking, that the Board allow us to pursue an appeal to the 11th Circuit on this issue. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: What are the attorney's fees for the property owner at this point? MR. KLATZKOW: You know, they're claiming, like, 150,000, which I find astounding since it was just simply a motion to dismiss, but that's the claim. We filed, they removed, they made a motion to dismiss, the motion was granted. COMMISSIONER SAUNDERS: Assuming that what they've charged so far would be awarded by the Court, if we went through an appeal and lost, what do you think the estimate of their costs would be? And then I assume we have outside counsel on this. MR. KLATZKOW: We have been using outside counsel. We would probably take this in-house since all the work's been done. Essentially the same arguments that we made on the motion to dismiss is the appeal. But let's just say, ballpark, it's going to run us another 25,000. Our costs are relatively low. It's their costs that -- in my view, that are rather high. COMMISSIONER SAUNDERS: So the 25,000 would be your estimate of what the opposing counsel for the property owner would be? MR. KLATZKOW: Oh, no. They'll claim a hundred thousand plus. COMMISSIONER SAUNDERS: Okay. That's what I thought. Okay. And the -- this may not be something that you can answer -- and, obviously, we could do this in a closed session if you think that May 23, 2017 Page 102 that would be -- MR. KLATZKOW: My problem is timing; otherwise, I would have asked for a shade session. COMMISSIONER SAUNDERS: What damages are we asking for? MR. KLATZKOW: Total, about 5 or $6 million. If it's against -- based on the landlord alone, it would be over 3 million. COMMISSIONER SAUNDERS: Okay. MR. KLATZKOW: But it's more than that. It's a principle here. I mean, the one part of my job that irritates me the most is eminent domain because -- and I'm fully appreciative of Florida's private property rights where the property owner gets their attorney's fees and the property owner gets their expert costs, and the property owner's fully compensated. I'm fully appreciative of that. But because of that, what happens is you get the most bizarre arguments being made by property owners when you're taking a small snip of property that now you have to defend, and they're getting experts at our cost to verify these outlandish claims, and we wind up settling these things for far more than what just compensation really is. At the end of the day, the Constitution provides for just compensation on an eminent domain, and we're paying far more than that just based on the way the system is. And if I can't go to a court and say, wait a second, they got 5 or $6 million telling a jury they'd shut down and they never did, if a court's not going to hear that argument, I don't know what else to do in eminent domain. COMMISSIONER McDANIEL: It's just a lie. MR. KLATZKOW: I just don't know what else to do other than just -- COMMISSIONER SAUNDERS: I've heard people say the highest and best use of property is eminent domain. I mean, we've just established that. May 23, 2017 Page 103 COMMISSIONER SOLIS: Their theory of damages in the eminent domain case was exactly what? MR. KLATZKOW: Lost profits. COMMISSIONER SOLIS: Lost profits. MR. KLATZKOW: Lost profits and lost rent. COMMISSIONER SOLIS: Based upon them shutting down -- MR. KLATZKOW: Yes. COMMISSIONER SOLIS: -- and losing all of the revenue because the store was shut down. MR. KLATZKOW: Yes. COMMISSIONER SOLIS: So they're double dipping -- MR. KLATZKOW: Yes. COMMISSIONER SOLIS: -- essentially. It's a huge double dipping and -- COMMISSIONER McDANIEL: They never shut down. CHAIRMAN TAYLOR: They never shut down. MR. KLATZKOW: They never shut down. (Multiple speakers speaking.) THE COURT REPORTER: I'm sorry. I can only get one at a time. COMMISSIONER McDANIEL: I'm sorry. Forgive me. MR. KLATZKOW: Look, I personally find this remarkable, but this is just -- it is what it is, and the Judge ruled the way the Judge ruled, and the Judge ruled that, well, they're not going to disturb a jury verdict. COMMISSIONER McDANIEL: If we went back before a jury verdict -- or back before a jury and the truth was then told... MR. KLATZKOW: Commissioner, I found the whole thing -- I found it offensive at the time we were trying the case; I find it offensive now. But I don't know what to tell you. My offense is costing the county a lot of money here. May 23, 2017 Page 104 COMMISSIONER SAUNDERS: Can I ask a question just before the motion is -- I'm probably going to support the motion, but I want to -- we're leaving CVS out of this. MR. KLATZKOW: Yes. I'm trying to limit the damage as far as attorney's fees go. COMMISSIONER SAUNDERS: So who said that they were going to close down? Was it CVS? Because that's the offer. MR. KLATZKOW: CVS said, we're closing down. COMMISSIONER SAUNDERS: Now, you leave them out of the litigation -- MR. KLATZKOW: I'm just asking for the fact that the landlord's double dipping. It's unjust enrichment. COMMISSIONER SOLIS: But CVS is double dipping as well. MR. KLATZKOW: Yes. Look, I could bring the case against both of them, and that's fine, but I'm now looking at attorney fees probably -- COMMISSIONER SAUNDERS: Well, my question is, do you need both of them in there -- COMMISSIONER SOLIS: Right. COMMISSIONER SAUNDERS: -- not, you know, the issue of the attorney's fees, but can you properly -- (Multiple speakers speaking.) MR. KLATZKOW: We don't think we need both of them. COMMISSIONER SAUNDERS: -- appeal without -- with them being left out of it? MR. KLATZKOW: We don't think we need both of them because it's unjust enrichment. You're double -- the landlord -- you've already gotten paid the lost rental. Now you're getting additional lost rental. You're double dipping. COMMISSIONER SOLIS: And just -- and I'm not -- I just want to understand. So leaving CVS out of it -- because it's the same May 23, 2017 Page 105 argument for CVS, right, that they -- MR. KLATZKOW: It's the same argument for CVS. We're leaving CVS out of it because CVS is willing to waive their attorney's fees at this point in time. COMMISSIONER SOLIS: Oh, got it. Okay. That makes sense. Okay. CHAIRMAN TAYLOR: Well, gentlemen, what do you think? COMMISSIONER SOLIS: I'll make a motion -- COMMISSIONER SAUNDERS: I'll support your motion, whatever it is. COMMISSIONER SOLIS: Well, in that case, let me rephrase it. COMMISSIONER McDANIEL: What are we having for lunch? COMMISSIONER SAUNDERS: One appraisal? COMMISSIONER SOLIS: One appraisal. No, I'll make a motion that staff proceed with the appeal. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN TAYLOR: Okay. Motion on the floor and a second. Commissioner McDaniel? COMMISSIONER McDANIEL: No. It was already brought up. I don't -- CHAIRMAN TAYLOR: Okay. All those in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. MR. KLATZKOW: Thank you. CHAIRMAN TAYLOR: Thank you very much. I just want to May 23, 2017 Page 106 say, this was -- I enjoyed this conversation. COMMISSIONER SAUNDERS: I'm glad somebody did. CHAIRMAN TAYLOR: No, I did. You know, it just is so important. You just -- you really get into the meat, because this is what you both do. You're both successful and experienced land use attorneys, and it's very interesting for someone who's not to listen to the argument, so thank you very much. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, that moves us to Item 15, staff and commission general communications. Madam Chair, I just have the reminder of your upcoming workshop schedule. You have a June 6th workshop at 9 a.m. regarding community mental health, and then you have your third workshop on the update to the rural fringe mixed-use district plan at 9 a.m. on June the 20th. That's all I have. COMMISSIONER SAUNDERS: Madam Chair, on the June 6th, I've indicated I'm not going to be in the room. I may be able to call in, if that's -- I don't know how much trouble it is to set that up. MR. OCHS: It's no trouble at all, Commissioner. Just let us know. COMMISSIONER SAUNDERS: And I'm not 100 percent sure that I can. But if I could have that possibility, that would be appreciated. CHAIRMAN TAYLOR: Okay. MR. KLATZKOW: Nothing. Nothing more, anyway. MS. KINZEL: No, thank you. May 23, 2017 Page 107 MR. MILLER: Nothing. COMMISSIONER McDANIEL: Nor I. COMMISSIONER SOLIS: I've got a couple things. CHAIRMAN TAYLOR: It's you. COMMISSIONER SOLIS: I was just going to, number one, give a -- just a couple comments on economic development, since I'm the liaison from the board. In terms of economic development, I attended the Southwest Florida Economic Development Alliance workshop that the board had. I think that it was a very eyeopening experience because one of the things that was discussed is that because Collier County really hasn't had its internal economic development office until now, that the alliance, in my opinion, fills a need that saves us the need to actually staff-up and do some of this regional marketing that we had otherwise needed to do and pay for ourselves. I think that while we support the alliance, I think that that's something that we need to continue to support. Lee County, obviously, they have a whole department of people that are doing this. And so there was some discussion that, you know, they have a little overlap because they have their own people that are, essentially, doing the same thing, even though they're going to apparently wind that down and rely more and more on the alliance. I think that's working. I was also glad to see that -- in some of the correspondence that I think we all got recently that -- from the Clerk's Office, an audit regarding some of the incentives that were given to Arthrex, that they've met all their metrics for that, and I think that's just more further testament to what a great part of the community Arthrex is, and I was very glad to see that. Secondly, I just want to give a little update on -- for the workshop on June 6th on community mental health. What an eyeopening experience it's been to discuss these issues with the Clerk's -- with the May 23, 2017 Page 108 -- I'm sorry, with the Sheriff's Office, with Judge Martin who runs the treatment courts, David Lawrence Center, NOMI, Naples Community Hospital, and even representatives from the school district. It is astounding what they've been able to create without any involvement from us in the community. Now, having said that, I think -- as you'll see, I think that the community and the county needs to be involved in this and at least have an understanding of what's going on, what we're doing, what we're not doing. One of the things that came to mind the other day was that we have long-term strategic plans for everything in Collier County, from roads, sewer lines, sidewalks, landscaping, everything. We have no plan whatsoever for how we deal as a community with mental-health issues, in spite of the fact that we know we have an emergency in Florida related to the opioid crisis. It is -- I think it is critical that as we're sitting here looking at our Growth Management plans expecting 400,000 more people to come to Collier County, we have to start looking at this very important issue that's going to affect everybody in the county in some strategic way, because this is the kind of thing -- playing catch-up with this is a public-safety issue, and it's a fiscal-policy issue. So I'm hoping that from the workshop, after having had a discussion and understanding where we are and what the needs are, that we'll look at it in that way and, like we treat everything else, we should have a plan going forward for the future. COMMISSIONER McDANIEL: I'll give you a big amen. COMMISSIONER SOLIS: Thanks. COMMISSIONER SAUNDERS: I have two items. We were -- we've been talking about Conservation Collier this morning, this afternoon, and we're going to be talking about Conservation Collier in the budget cycle, because we have kind of a split board in terms of May 23, 2017 Page 109 whether we should move forward with Conservation Collier prior to a referendum. And so I'd like to get a report back from Conservation Collier on -- at our next meeting on where they are, where we are in terms of any issues of acquisition, just where we are with that; what they're looking at. I don't know if they have a meeting between now and the next time that we have our regular meeting, but if they do, then it would be good to get information from them on what they're looking at, and -- because it's going to become a very important budget issue for us real quickly. And then, secondly, I've talked to Dr. Yilmaz a couple times about Florida Gulf Utility Authority and the Golden Gate Estates area. I would like to get -- before we have our break, which is after the first -- you know, the first meeting in July -- sometime between now and the first meeting of July -- just kind of an update of where we are with that and how things are looking, whether or not that's something that's -- that's viable; just a brief report. MR. OCHS: Yeah. We're due for a full report to you on that before you go to break, sir. COMMISSIONER SAUNDERS: Okay. Good. Good. CHAIRMAN TAYLOR: Okay. A couple of things. First of all, it looks like June is the month that never was, you know. I mean, we might as well just take our clothes and our -- you know, say goodbye to our relatives and stay here. I mean, we have meetings that are just back to back. We also have probably two-day meetings at least on the 13th. It may run over, and this is just FYI, so I just wanted to kind of -- COMMISSIONER McDANIEL: I'm going to hit my light on that one. CHAIRMAN TAYLOR: -- float that out there just to say, you know, I think our County Manager will do his best, but at this point we May 23, 2017 Page 110 have six land use issues coming to us, plus the joint workshop with the TDC, plus the discussion about the sports complex, plus folks and beaches and want -- people wanting to speak. It's going to be an interesting time, so just FYI. Along that line, we do have a workshop about the RFMUD at the end of the month. I would like it not to have necessarily a three-hour limit; that we are able to discuss as we need to. And in that vein, it may be an opportunity for us to meet with staff on this prior to this so that if we have any questions or need any clarifications, we could have that option, not that we would be directing staff to come back one way or another, but it's more to understand how we went from a certain amount of density or how we are not talking about density, things that -- things that are just overriding rural land issues as we go forward. So I'd like to see if, County Manager, you would be willing to do that; have that set up so that if we want to sit down with our planners for a couple of hours one day before the meeting, we can do that, or an hour or half hour, whatever. MR. OCHS: Yes, ma'am. If you'd just schedule that through me, and I'll make sure it happens. CHAIRMAN TAYLOR: All right. Good. MR. OCHS: That goes, obviously, for any commissioner that needs information. COMMISSIONER McDANIEL: McDaniel already has. I'm scheduled. CHAIRMAN TAYLOR: Now, the other thing, and I know this is -- MR. OCHS: Just parenthetically -- I'm sorry, ma'am -- on that, that workshop is a 9 a.m. workshop, not an afternoon one -- CHAIRMAN TAYLOR: Correct, correct. MR. OCHS: -- so you can go as long as you want to go. CHAIRMAN TAYLOR: Okay. All right. May 23, 2017 Page 111 COMMISSIONER SAUNDERS: When is that? CHAIRMAN TAYLOR: The 20th; is it not? Did we say it was the 20th? MR. OCHS: Yes. June 20th at 9 a.m. CHAIRMAN TAYLOR: Okay. And then, in that vein -- and, again, this is probably, you know, getting up in the morning and thinking about it, but I know we have a lot of -- I know we talk about workforce housing, but the opinion of the public is that this is all lip service; we're not doing anything about it. So as we move forward and we are doing things about it, we have six land use issues coming before us, and whether it's an agreement or not, I'm going to discuss workforce housing, because the time is now. It's not afterwards. COMMISSIONER McDANIEL: I wasn't laughing at you. I was laughing at the look you gave me, like (indicating). CHAIRMAN TAYLOR: And then, understanding we don't have any rules but also understanding there may be incentives that we can build into what they're coming to us for to encourage workforce housing. Not to use a stick, but a carrot. All right. And then, finally, we did withdraw the item which was 16A19, but I think, based on that and reading the procurement ordinance that we all agreed, that we all passed, there is that Article III, Section 2, I think I'd like to review again, and if I have consensus... It appears that staff can put forward a nominee for a position without going through the procurement RFP process in that, and I think it's worth discussion. COMMISSIONER McDANIEL: Well, I mean, they could put it through, but we don't have to pass it. And, you know, it's incumbent upon us to do that. They can always ask. And I think in this particular instance there were extenuating circumstances, but -- CHAIRMAN TAYLOR: No, no. There is, but I'm just -- I'm May 23, 2017 Page 112 troubled by it. I think competition is the basis of government. And I think if we somehow inadvertently move that aside, however inadvertently or innocently it is, I think it's to the detriment of the taxpayer. So I'd like to see if there's consensus here that we discuss that one section of the procurement. All right. Good. MR. OCHS: I'm sorry. CHAIRMAN TAYLOR: Yes. And that will be -- sir, we're going to bring back the procurement ordinance to us, 2.01.10.04, Article III, Section 2, for a discussion to see if we can modify that. MR. OCHS: Modify what, the sole source? CHAIRMAN TAYLOR: I don't think it's the sole source. I think it has to do with the -- I think there are -- what I understand is that it talks about how staff can bring forward a nominee under -- there's a list of -- MR. OCHS: Exemptions. CHAIRMAN TAYLOR: Yes, exemptions. The exemptions, there we are; excuse me, exemptions. So just to discuss it and to see if it's really what we intend. MR. OCHS: When do you want that? CHAIRMAN TAYLOR: Oh, you know, sir, I mean, we've got a busy time, so if it doesn't happen before July, it can happen in the fall. MR. OCHS: Very good. CHAIRMAN TAYLOR: Okay. MR. OCHS: Is that a consensus of the Board? CHAIRMAN TAYLOR: Yes. COMMISSIONER SAUNDERS: Sure, sure. COMMISSIONER McDANIEL: Yes. May I speak? I waive my time. I said no, and then you brought up a subject matter that reminded me of -- CHAIRMAN TAYLOR: Okay. And then we'll go to you. I'm done, so Commissioner McDaniel. May 23, 2017 Page 113 COMMISSIONER McDANIEL: Yes. You know, Commissioner Taylor, you brought up a subject that I've been thinking about for a long time, and it's something that I think we ought to discuss at some stage. We're a billion-dollar company. We're the board of directors of a billion-dollar company. And we're not the sleepy little 1970s, early '80s community when I first moved here. We're the board -- where you could drive one end of Naples to the other on 41 and not pass anybody after 8 o'clock at night. We have a 350,000 year-round population. And I think we need to have a discussion. I think it would be prudent for us to have a discussion about our work schedule, our board meeting schedule. Nothing this year. Nothing this year. But I think it bodes a discussion for us to make some adjustments. As you mentioned, Madam Chair, we have six land use -- what -- because of that two months that we take off from the middle of July till the 1st of September, there is a clamoring of need to get through to -- in front of the Board, and then there's a large period of time -- our staff continues to work. There's a large period of time there and a relatively short speaking period of time where folks are needing to get back to us, and I would -- I've got a couple of ideas that I'd like to propose at some stage, but I would -- I think it bodes you -- it's time for us to have a discussion about how we're doing business. CHAIRMAN TAYLOR: All right. When do you want to use -- I'll use County Manager Ochs' words, when do you want to do that? COMMISSIONER McDANIEL: Well, sooner than later. You know, it won't take very long, but I think maybe as a subject on one of the workshops that we have coming up, that it's something that we can roundtable it, and I could throw out a few of my suggestions and ideas, and you all can hear what they are and go -- I don't want to take any more time than to say out loud it warrants a discussion by us sooner May 23, 2017 Page 114 than later. So if, in fact, we do make amendments to how the county -- to our board is conducting its meetings and things, that there's, well in advance, sufficient time for the general public to get involved and for the Board to utilize that. CHAIRMAN TAYLOR: Do you want to put that on as a topic to one of our workshops or -- COMMISSIONER McDANIEL: Whatever you all -- CHAIRMAN TAYLOR: -- an agenda item? COMMISSIONER McDANIEL: Whatever you folks -- CHAIRMAN TAYLOR: I'm not sure we have time in -- COMMISSIONER McDANIEL: Do we meet by ordinance? Is the Board's schedule by ordinance, or is that the pleasure of the Chairman and the Board? MR. OCHS: No, it's by ordinance. COMMISSIONER McDANIEL: Okay. If you would like, I can -- we can -- CHAIRMAN TAYLOR: Put it on as an agenda item. COMMISSIONER McDANIEL: -- I can put it on as an agenda item, and I'll try to get it done before our break. CHAIRMAN TAYLOR: All right. Good. COMMISSIONER McDANIEL: Those two are down there talking again, and I can't hear you. COMMISSIONER SAUNDERS: No. I was saying that there's an ordinance, and I think it will provide a minimum number of meetings but not a maximum number. Unfortunately not a maximum number. COMMISSIONER McDANIEL: I'll pull it up and bring it up as a -- what'd you say? CHAIRMAN TAYLOR: Unfortunately not a maximum number. COMMISSIONER SOLIS: And I had just asked, where is it set May 23, 2017 Page 115 that we meet on the second and fourth Tuesday and all that? I guess that's an ordinance. MR. OCHS: You have a full, complete ordinance. I'll get it to Commissioner McDaniel. I'm sure he'll share it with you. COMMISSIONER McDANIEL: Thank you. CHAIRMAN TAYLOR: Okay. All right. Good. Thank you very much for your hard work, Sherry (sic), and for staying with us. COMMISSIONER SAUNDERS: Oh, Madam Chair, I do want to -- CHAIRMAN TAYLOR: Yes. MR. OCHS: One last comment. I do want to thank the staff. We had a town hall meeting the other night. I just want to, again, publicly thank -- COMMISSIONER McDANIEL: And brag that he won, of all of us had the most amount of people show up, so -- COMMISSIONER SOLIS: Well, I don't know. I wasn't keeping score. Maybe I've got to do that. COMMISSIONER SAUNDERS: I wasn't keeping score until Commissioner McDaniel started that. CHAIRMAN TAYLOR: All right. Meeting is adjourned. Thank you. **** Commissioner McDaniel moved, seconded by Commissioner Solis and carried unanimously (Commissioner Fiala absent) that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 RECORDING THE FINAL PLAT OF CHATHAM WOODS, (APPLICATION NUMBER PL20150002912) APPROVAL OF THE May 23, 2017 Page 116 STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – LOCATED ON JOHNNYCAKE DRIVE, NORTH OF THE IMMOKALEE RD/AIRPORT-PULLING RD INTERSECTION Item #16A2 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $250,431.43 FOR PAYMENT OF $531.43 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. JUDY S. AND SILAS PACHECO. CODE ENFORCEMENT BOARD CASE NO. CESD20110007349 RELATING TO PROPERTY LOCATED AT 1330 GOLDEN GATE BLVD E, COLLIER COUNTY, FLORIDA – VIOLATIONS FOR A CHICKEE HUT AND SWIMMING POOL CONSTRUCTED WITHOUT THE PROPER PERMITS AND BROUGHT INTO COMPLIANCE BY THE NEW OWNER ON MARCH 20, 2017 Item #16A3 AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE ROADWAY SEGMENT OF N 9TH STREET FROM SR 29 TO LAKE TRAFFORD ROAD, WITH TWO (2) RECOGNITION SIGNS AND TWO (2) ADOPT-A-ROAD LOGO SIGNS AT A TOTAL COST OF $200 WITH THE VOLUNTEER GROUP, LOZANO’S RESTAURANT & SPORTS BAR, INC. – LOCATED IN IMMOKALEE Item #16A4 May 23, 2017 Page 117 THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $5,000 WHICH WAS POSTED BY NAPLES ACURA AS A DEVELOPMENT GUARANTY FOR AN EARLY CONSTRUCTION AUTHORIZATION (ECA) RELATED TO A BUILDING PERMIT, (PRBD20160622869) FOR WORK ASSOCIATED WITH NAPLES ACURA – LOCATED AT 659 AIRPORT-PULLING ROAD Item #16A5 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR CORSICA AT TALIS PARK, PL20150001653, AND 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 – FINAL INSPECTION WAS CONDUCTED ON FEBRUARY 28, 2017 AND FOUND TO BE SATISFACTORY Item #16A6 FINAL ACCEPTANCE OF POTABLE WATER AND SEWER FACILITIES FOR SIGNATURE CLUB CIRCLE PHASES 1-2, PL20140002527, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $33,387.33 TO THE PROJECT ENGINEER OR THE May 23, 2017 Page 118 DEVELOPER’S DESIGNATED AGENT – A PROJECT AT THE CORNER OF LELY RESORT BLVD AND GRAND LELY DRIVE Item #16A7 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR CAMERON COMMONS UNIT 1, TRACT 5, PL2016000667, 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 $5,454.63 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – LOCATED NORTH OF THE COLLIER BLVD/IMMOKALEE ROAD INTERSECTION Item #16A8 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE GOLF & COUNTRY CLUB OF NAPLES, PARCEL A.2, PL20160000430, AND 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 DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION WAS CONDUCTED ON APRIL 7, 2017 AND FOUND TO BE SATISFACTORY Item #16A9 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES May 23, 2017 Page 119 FOR OYSTER HARBOR AT FIDDLER’S CREEK, PHASE 1, PL20150000330 AND PL20150000708, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $8,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION WAS CONDUCTED ON FEBRUARY 10, 2017 AND FOUND TO BE SATISFACTORY Item #16A10 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR HILTON MOVING STORAGE, PL20150002480, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $6,806.87 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – LOCATED OFF OF WHITE LAKE BLVD AND SHEARWATER STREET Item #16A11 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE AT HACIENDA LAKES, PHASE 1, PL20140001232, 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 May 23, 2017 Page 120 DESIGNATED AGENT – A FINAL INSPECTION WAS CONDUCTED ON FEBRUARY 16, 2017 AND THE FACILITIES WERE FOUND TO BE SATISFACTORY Item #16A12 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR TEMPLE CITRUS GROVE (MARBELLA ISLES) PHASES 1- 6, PL20150000819 AND PL20150001483, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $8,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A PROJECT LOCATED NORTH OF PINE RIDGE ROAD BETWEEN AIRPORT-PULLING RD AND LIVINGSTON RD Item #16A13 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $915,118.13 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.080-4, PL20140000395 FOR WORK ASSOCIATED WITH ISLES OF COLLIER PRESERVE PHASE 2 – WORK ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED; THE DEVELOPER HAS FULLFILLED HIS COMMITMENT Item #16A14 AMENDMENT NO. 2 TO CONTRACT NO. 14C01 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL May 23, 2017 Page 121 PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM FOR BEACH RENOURISHMENT AND MONITORING EXPENSES FOR THE VANDERBILT, PARK SHORE, AND NAPLES BEACHES AND TO MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM – AMENDMENT FUNDS ENGINEERING FOR THE 2016 TRUCK HAUL PROJECT, FUNDS FUTURE BEACH RENOURISHMENT PROGRAM AND PHYSICAL AND BIOLOGICAL MONITORING IN 2016 & 2017 Item #16A15 AGREEMENT NO. 16CO1 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM FOR BEACH RENOURISHMENT AND MONITORING EXPENSES ON MARCO ISLAND PUBLIC BEACHES AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM – IMPLEMENTING THE SOUTH MARCO ISLAND BEACH RENOURISHMENT PROJECT WHICH ENDS ON MARCH 31, 2021 Item #16A16 CATEGORY “A” TOURIST DEVELOPMENT COUNCIL GRANT APPLICATIONS FROM THE CITY OF NAPLES, THE CITY OF MARCO ISLAND, AND COLLIER COUNTY FOR FY-2017-2018 IN THE AMOUNT OF $10,296,300; CHAIRMAN TO SIGN GRANT AGREEMENTS FOLLOWING COUNTY ATTORNEY’S APPROVAL; AND MAKE A FINDING THESE EXPENDITURES May 23, 2017 Page 122 WILL PROMOTE TOURISM – FOR REGULATORY AND PERMIT COMPLIANCE, BEACH RENOURISHMENT PROJECTS, INLET PROJECTS AND BEACH MAINTENANCE Item #16A17 APPROVAL OF THE 10-YEAR CAPITAL PLANNING DOCUMENT FOR BEACH RENOURISHMENT AND PASS MAINTENANCE FUND (195) AND THE PROGRAM MANAGEMENT AND ADMINISTRATION FUND (185) PROPOSED ALLOCATION – FOR IDENTIFYING AND BALANCING LONG-TERM CAPITAL REQUIREMENTS/EXPENSES AND REVENUES RECEIVED FROM THE TOURIST DEVELOPMENT TAX FUND 195 FOR BEACH RENOURISHMENT AND PASS MAINTENANCE Item #16A18 RESOLUTION 2017-88: REQUESTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) INCLUDE THE COLLIER COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT PROJECT IN THE AGENCY'S NEXT ROUND OF PROJECT SUBMITTALS FOR RESTORE COUNCIL (COMPONENT 2) FUNDING – THE NEXT APPLICATION CYCLE FOR PROJECT FUNDING IS TO OPEN IN THE FALL OF 2017 Item #16A19 – Withdrawn (Per Agenda Change Sheet) RECOMMENDATION TO APPROVE AN AGREEMENT FOR SPECIAL MAGISTRATE SERVICES FOR CODE May 23, 2017 Page 123 ENFORCEMENT WITH THE LAW FIRM OF PATRICK NEALE & ASSOCIATES Item #16A20 A TIME EXTENSION TO A LOCAL AGENCY PROGRAM AGREEMENT REQUESTED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CLOSEOUT OF THE RECENTLY COMPLETED CONSTRUCTION OF SIDEWALK IMPROVEMENTS IN EAST NAPLES ALONG LOMBARDY LANE AND ORCHARD LANE, FPN #430879-1-58-01, PROJECT NO. 33460 – FDOT APPROVED A 90 DAYS EXTENSION OF THE AGREEMENT TO SEPTEMBER 28, 2017 Item #16B1 A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND LEIGHTONS GARAGE, LLC IN THE AMOUNT OF $3,215 PLUS HALF PERMIT FEES FOR PROPERTY LOCATED AT 2320 LINWOOD AVENUE, WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA – REPLACING THE FRONT DOOR AND TWO WINDOWS Item #16C1 A BUDGET AMENDMENT IN THE AMOUNT OF $300,000 FROM UTILITY CONTINGENCY RESERVES TO COVER HIGHER THAN ANTICIPATED COSTS FOR SLUDGE HAULING AND OTHER EXPENSES TO OPERATE THE May 23, 2017 Page 124 ORANGE TREE WATER AND WASTEWATER FACILITIES Item #16C2 A $377,986 WORK ORDER UNDER REQUEST FOR QUOTATION #14-6213-97 TO QUALITY ENTERPRISES USA, INC., UNDER PROJECT NUMBER 70172, “GULF SHORE DRIVE ASBESTOS WATER MAIN ABANDONMENT PHASE 2;” AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – LOCATED NORTH OF VANDERBILT BEACH ROAD AND SOUTH OF BLUEBILL AVENUE Item #16C3 THE SOLE-SOURCE WAIVER FOR A PERIOD OF ONE YEAR FOR THE PURCHASE OF BIOXIDE PLUS 71, AKTIVOX, AND VX456 FROM EVOQUA WATER TECHNOLOGIES LLC FOR USE BY THE PUBLIC UTILITIES DEPARTMENT WASTEWATER DIVISION AND APPROVE A CONTRACT FOR EVOQUA WATER TECHNOLOGIES LLC IN THE ESTIMATED AMOUNT OF $500,000 – THESE PATENTED PRODUCTS HAVE PROVEN EFFECTIVE FOR THE INTENDED PURPOSE Item #16D1 EIGHT STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM IMPACT FEE RELEASE OF LIENS IN THE COMBINED AMOUNT OF $63,449.50 FOR THE ASSOCIATED OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING UNIT WHERE THE OBLIGATION HAS BEEN REPAID IN FULL BY THE HOMEOWNER AND HABITAT FOR HUMANITY OF May 23, 2017 Page 125 COLLIER COUNTY, INC – LOCATED AT 1125 SERENITY WAY, 12199 FULLER LANE, 12135 AMERICUS LANE, 607 CLIFTON STREET, 5486 CARLTON STREET, 14587 CHICKEE DRIVE, 5374 GILCHRIST STREET AND 5317 GILCHRIST STREET Item #16D2 FOUR MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE COMBINED AMOUNT OF $72,556.10 – FOR 5486 CARLTON STREET, 3611 JUSTICE CIRCLE, 4498 22ND AVE SE AND 840 BRIARWOOD BLVD Item #16D3 THIRD AMENDMENT TO THE STARNES CATTLE LEASE AGREEMENT – EXTENDING THE CURRENT EQIP (ENVIRONMENTAL QUALITY INCENTIVES PROGRAM) CONTRACT UNTIL DECEMBER 31, 2018 FOR PROPERTY LOCATED WITHIN THE CARACARA PRARIE PRESERVE Item #16D4 AWARD INVITATION TO BID (ITB) #17-7095, FOR COLLIER AREA TRANSIT (CAT) FACILITY RADIO ROAD IMPROVEMENTS PHASE 3 TO ONE SOURCE CONSTRUCTION COMPANY & BUILDERS, INC., FOR AN ESTIMATED $142,097, AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENT - EXPANDING THE OFFICE SPACE ALLOWING FOR CAT STAFF RELOCATION May 23, 2017 Page 126 AND SECURITY ENHANCEMENTS TO THE MONEY VAULT ROOM; INCLUDING THE INSTALLATION OF AN ADDITIONAL SECURITY CAMERA AND A DROP BOX SAFE FOR AFTER-HOURS DEPOSITS Item #16D5 AWARD FOR INVITATION TO BID (ITB) #17-7075 "RE- MANUFACTURED ENGINES AND TRANSMISSIONS" TO WORLD WIDE EQUIPMENT AND RELIABLE TRANSMISSION FOR USE IN EXISTING COLLIER AREA TRANSIT BUSES, AND AUTHORIZE THE CHAIR TO SIGN THE ATTACHED AGREEMENTS Item #16D6 SUBMITTAL OF A GRANT APPLICATION PROJECT PROPOSAL TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) UNDER THE STATE PARK-AND- RIDE LOT PROGRAM TO FUND A PARK-AND-RIDE STUDY FOR THE TRANSIT SYSTEM – TO EVALUATE APPROPRIATE LOCATIONS FOR PARK-AND-RIDE LOTS Item #16D7 FORGIVING THE FINAL LEASE PAYMENT FOR PARKING LOT IMPROVEMENTS FROM THE NAPLES ZOO TO THE COUNTY, TOTALING $278,100, TO SUPPORT THE CONSTRUCTION OF A NEW ZOO ANIMAL HOSPITAL Item #16D8 May 23, 2017 Page 127 AN AGREEMENT TO PARTICIPATE IN THE SUMMER FOOD SERVICE PROGRAM (SFSP) WITH FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (FDACS) TO OPERATE THE SFSP AT DESIGNATED RECREATION CAMPS WITH UNITIZED MEALS PROVIDED BY THE SCHOOL BOARD – PROVIDING BREAKFASTS AND LUNCHES DURING THE SUMMER FOR CHILDREN THAT ARE NOT ABLE TO GO TO THE SITES OFFERED BY THE SCHOOL BOARD Item #16E1 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER ITEMS AS IDENTIFIED – FOR 7 CHANGE ORDERS TOTALING $1,626.00 Item #16E2 RATIFYING PROPERTY, CASUALTY, WORKERS’ COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION 2004-15 FOR THE SECOND QUARTER OF FY 17 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E3 THE PARTIAL ASSIGNMENT AND AMENDMENT OF THE INTERLOCAL AGREEMENT BETWEEN THE STATE OF May 23, 2017 Page 128 FLORIDA DEPARTMENT OF TRANSPORTATION, COLLIER COUNTY, AND GREATER NAPLES FIRE RESCUE DISTRICT FOR MANAGEMENT OF THE MILE MARKER 63 FIRE STATION AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT IN THE AMOUNT OF $406,000 - AN INTERIM MEASURE, UNTIL ACTION CAN BE TAKEN BY THE FLORIDA LEGISLATURE AND THE COUNTY DESIRES FOR GREATER NAPLES TO ASSUME THE COUNTY’S RESPONSIBILITY FOR MANAGEMENT OF THE OCHOPEE FIRE CONTROL DISTRICT Item #16F1 RESOLUTION 2017-89: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2016-17 ADOPTED BUDGET Item #16F2 ACCEPTING GRANT FUNDING FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT (USDA) AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS FOR THE RURAL BUSINESS DEVELOPMENT GRANT (RBDG) FOR COMMERCIAL KITCHEN EQUIPMENT FOR THE FLORIDA CULINARY ACCELERATOR @ IMMOKALEE IN THE AMOUNT OF A $112,536 Item #16G1 THE SUBMITTAL OF AN AIRPORT IMPROVEMENT May 23, 2017 Page 129 PROGRAM (AIP) GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION REQUESTING FUNDS IN THE AMOUNT OF $149,984 FOR PHASE 1 OF THE EVERGLADES AIRPARK RUNWAY REHABILITATION, WITH A TOTAL ESTIMATED PROJECT COST OF $166,650 Item #16G2 SUBMITTAL OF AN AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION REQUESTING AN ESTIMATED AMOUNT OF $1,087,965 FOR IMMOKALEE REGIONAL AIRPORT TAXIWAY B REHABILITATION CONSTRUCTION PROJECT WITH A TOTAL ESTIMATED COST OF $1,208,851 Item #16I1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED Item #16J1 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 MAY 17, 2017 Item #16J2 May 23, 2017 Page 130 RECORDING 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 APRIL 27, 2017 AND MAY 10, 2017, PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 A MEDIATED SETTLEMENT AGREEMENT FOR THE TOTAL AMOUNT OF $99,000 FOR THE TAKING OF PARCEL 189RDUE IN THE PENDING CASE STYLED COLLIER COUNTY V. JUAN E. NAVARRO, ET AL, CASE NO. 15-CA-154, REQUIRED FOR THE GOLDEN GATE BOULEVARD PROJECT, PROJECT NO. 60040 (FROM WILSON BOULEVARD TO 20TH STREET EAST) – PROPERTY LOCATED ON THE GOLDEN GATE CANAL Item #16K2 TWO MEDIATED SETTLEMENT AGREEMENTS IN THE TOTAL AMOUNT OF $112,972 AND APPROVE STIPULATED FINAL JUDGMENTS FOR THE TAKING OF PARCELS 253DE, 254DE, AND 254TCE REQUIRED FOR THE LELY AREA STORMWATER IMPROVEMENT PROJECT (“LASIP”), WING SOUTH PORTION, PROJECT NO. 51101, IN THE PENDING CASE STYLED COLLIER COUNTY V. LORI R. LEAR, ET AL., CASE NO. 15-CA-1599 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K3 May 23, 2017 Page 131 RESOLUTION 2017-90: APPOINTING JOSEPH S. BURKETO THE COASTAL ADVISORY COMMITTEE WITH TERM EXPIRING MAY 22, 2021 Item #16K4 RESOLUTION 2017-91: RE-APPOINTING JOHN J. AGNELLI AND VICKI TRACY TO THE INDUSTRIAL DEVELOPMENT AUTHORITY Item #16K5 RESOLUTION 2017-92: RE-APPOINTING GEORGE RUSSELL WEYER AND ROBERT H. CHALHOUB TO THE HEALTH FACILITIES AUTHORITY Item #16K6 RESOLUTION 2017-93: RE-APPOINTING KYLE E. LANTZ TO THE CONTRACTORS LICENSING BOARD Item #16K7 RESOLUTION 2017-94: RE-APPOINTING LOWELL M. LAM TO THE WATER AND WASTEWATER AUTHORITY Item #16K8 RESOLUTION 2017-95: APPOINTING BRANDON NICKOLAS COOPER TO THE BLACK AFFAIRS ADVISORY BOARD May 23, 2017 Page 132 Item #16K9 WAIVING THE OPTIONAL LOCAL PUBLIC HEARING RELATING TO THE MERGER OF MEDITERRA NORTH COMMUNITY DEVELOPMENT DISTRICT AND MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO SECTIONS 190.005 AND 190.046(3), FLORIDA STATUTES Item #16K10 – Language Changed (Per Agenda Change Sheet); Moved to Item #12A (Per Commissioner Saunders during Agenda Changes) Item #17A RESOLUTION 2017-96: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2016-17 ADOPTED BUDGET Item #17B – Moved to Item #9A (Per Agenda Change Sheet) ***** May 23, 2017 Page 133 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:33 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ________________________________________ PENNY TAYLOR, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK __________________________ These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC