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Agenda 04/24/2018 Item # 2B04/24/2018 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: March 27, 2018 BCC Meeting Minutes Meeting Date: 04/24/2018 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 04/05/2018 7:44 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 04/05/2018 7:44 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 04/05/2018 7:44 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM 2.B Packet Pg. 14 March 27, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, March 27, 2018 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: Andy Solis William L. McDaniel, Jr., Donna Fiala Burt L. Saunders Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Director of Finance & Accounting Troy Miller, Communications & Customer Relations March 27, 2018 Page 2 MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN SOLIS: Thank you, Mr. Manager. Welcome, everyone, to the Board of County Commissioners meeting. We'll begin today with our invocation by Reverend Beverly Duncan of the Naples United Church of Christ. Item #1 INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND DUNCAN: Good morning. Let us pray. Holy one, today is the day you have made, and we're thankful for it. Help us to use it wisely and well in all we do. May we be guilty of committing at least one act of kindness as we deliberate and otherwise go about our work and this day. We remember this morning our schools and our young people even as we have been moved and inspired by their words and actions that past weekends. We pray for their safety, their future and, indeed, their lives. Watch over each one here today that they might remember who they are and whose they are when all is said and done. May our commissioners look around and beyond themselves in all they do for our Collier County and its citizens now and each time they put themselves out there, take risks, and do their best. So in gratefulness for life and all its challenges, we pray. Amen, shalom, salaam. CHAIRMAN SOLIS: Commissioner Taylor, would you lead us in the pledge. (The Pledge of Allegiance was recited in unison.) March 27, 2018 Page 3 Item #2A APPROVAL OF TODAY’S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES – APPROVED; ITEM #11H TO REMAIN ON THE AGENDA AND COMMISSIONER SOLIS ABSTAINED FROM VOTING ON ITEM #16A9 AND ITEM #16A10 MR. OCHS: Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of March 27, 2018. The first proposed change is to continue Item 11C to the next board meeting -- excuse me -- to the April 24th BCC board meeting. That continuance is made at the staff's request. The next proposed change is to continue Item 11H to the April 10th BCC meeting. That is the discussion on the one-cent sales tax referendum. That is made at Commissioner Taylor's request. We have one other continuance this morning to announce, Commissioners, and that is to continue companion Items 11B and 11I. That is the Clerk's internal audit and the follow-on management responses. That continuance was made at Commissioner Saunders' request. COMMISSIONER SAUNDERS: Mr. Chairman, in reference to those last two items, I did have a meeting with the Clerk and with Ms. Kinzel and with the EII folks, and we have a process in place. I think all the parties have agreed that we should continue all the discussion today to our next meeting. They will continue to meet. So I would request that those two items be continued. I do want to discuss the issue of the infrastructure surtax. I'm not March 27, 2018 Page 4 sure why that would be continued. COMMISSIONER TAYLOR: Okay. I'd be glad to tell you. Late last week we had a meeting and conference call -- it was all of the above -- with the environmental community, Nicole from the Conservancy and Clarence Tears, and Mr. Stack (sic) from the Southwest Florida -- I'm sorry. I've lost the name of it. COMMISSIONER McDANIEL: Mr. Slack. COMMISSIONER TAYLOR: Yes, Slack. And in that conversation, it was clear that there is some misunderstanding. There is a very great interest on the part of Mr. Barton who was not able to attend this meeting, and Mr. Tears and Mr. Slack, to bring something green into this, to talk about, perhaps, dispersion of water from the Golden Gate Canal which would help Naples Bay. And the feeling in that conversation and subsequent conversations as recently as last night, there are too many moving parts. The request is to allow this to be discussed as a group within the next two weeks and then April 10th bring this back for a final review. And at that time -- I think there are many questions that both sides have, and it seemed to be the most prudent thing to do at this point. COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN SOLIS: Yes. COMMISSIONER SAUNDERS: I did meet with Mr. Barton. And the proposal is a very interesting one, but it's not one that will fit into the infrastructure sales tax. It's too many unknowns. There's really no project that's been identified. I would suggest that we move forward with the sales tax as written. And then on that particular issue, I think it's a very important one that we should discuss but not as part of this infrastructure surtax. So I would object to it being continued this morning. COMMISSIONER TAYLOR: The issue would be to bring it March 27, 2018 Page 5 into -- which has been discussion that the environmental -- recently as the Audubon -- Brad Cornell brought forward -- is to put this concept under the Watershed Management Plan that we have for Collier County. There's a question whether it would fit or would not fit, and the request is to allow both sides to explore it and then discuss it in two weeks. COMMISSIONER SAUNDERS: Mr. Chairman, that's my position on it is that it's not -- and, of course, we can hear from staff, but I don't think it's a project that can fit into that surtax. Even though it is a good concept, it's just not one that's ripe for consideration. CHAIRMAN SOLIS: Anyone -- any other comments? (No response.) CHAIRMAN SOLIS: Light's not on. COMMISSIONER FIALA: Are you shaking your head yes? COMMISSIONER McDANIEL: Well, I am shaking my head, because -- is the specificity in this language that we're looking at today with regard to the -- and we all know how I feel about the sales tax thing without going into that, but my understanding was that there were still some -- going to be some discussions about the prioritization and/or the actual delineation of the expenditure of those monies if, in fact, the tax were to pass, the referendum were to pass. COMMISSIONER TAYLOR: What do you mean? More discussion after it passed? COMMISSIONER McDANIEL: After we vote today to move the language forward to actually develop the referendum for the ballot, I was under the impression that there was still latitude there in what we're voting on today to allow us to adjust the expenditures. CHAIRMAN SOLIS: Mr. Manager? MR. OCHS: Are we going to -- I don't believe that that was the staff's intention today, Commissioners. We were hoping to get not only the ballot language and the ordinance draft but the list -- at least March 27, 2018 Page 6 the county's list finalized. There is some flexibility inside the ordinance to allow within the categories some movement if something changes. But if you're referring, Commissioner McDaniel, to adding a green element or something of that effect, there was not that intention -- COMMISSIONER McDANIEL: Okay. MR. OCHS: -- today. But, again, hopefully if we do hear the item, we can get into that discussion in a little more detail. You always have that option during the course of the discussion of the item. COMMISSIONER McDANIEL: Sure. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: I hadn't had anybody call me. I didn't realize that the green world -- COMMISSIONER McDANIEL: Up to the mike, please. COMMISSIONER FIALA: Oh, I'm so sorry. I didn't realize that the environmentalists were thinking that way, so -- and being that I haven't been able to ask any questions about what they wanted to do or something, it's kind of hard for me to guess -- second guess whatever they're wanting to do. CHAIRMAN SOLIS: Well, I'm sorry. COMMISSIONER FIALA: Go ahead. CHAIRMAN SOLIS: And I would just like to say that, you know, I agree with Commissioner Saunders. You know, we started out with a green component to this proposal and was urged, in no uncertain terms, to remove it. And I think we're just way too far down the road. We need to approve the ordinance and move forward if we're really going to do this. I think we're just too far down the road to start bringing back proposals that, you know, need a lot of work, I would think. And so I'm not in favor of continuing the item either just on the basis that we need to move forward. March 27, 2018 Page 7 COMMISSIONER TAYLOR: I just want you to know, sir, that you're -- you echo the Conservancy's position exactly. CHAIRMAN SOLIS: That we should move it forward? COMMISSIONER TAYLOR: Well, that this may be too late. There may not be time enough to fully vet and have an approved "this is going to work" watershed program that we can fund. There are so many unknowns, but at the same time there was a discussion by Mr. Tears, who you know is extremely involved, very closely involved with the Everglades restoration, the Picayune Strand. I mean, he ate and slept that. And his point was, look, we have to start somewhere. Please give us time. And that's why I brought this forward. And I don't see how two weeks is going to make that big a difference. And, certainly, if there is a -- there is not an -- this is not going to be an easy discussion, but to me it's too important not to have this element. And if you remember, Conservation Collier -- the folks for Conservation Collier said, no, we don't want this here, but you've got a watershed plan. You could put that in, and it never -- never was brought forward. CHAIRMAN SOLIS: Well, again, I think we've been discussing the list for some time. We've made changes to it and removing things. You know, I just don't want to delay it any further. I mean, if we can at least move forward with the ordinance and -- move that forward and, you know, if the proposal can be put together in a couple weeks or something and we can look at it, I guess there's always time to put something in the list. But I just think we're too far down the road to start opening the door for other things. I mean, what else is going to come up to be put on the list? Commissioner Saunders. COMMISSIONER SAUNDERS: Mr. Chairman, I'm going to make a motion to continue the items that were outlined by the Manager with the exception of the item dealing with the infrastructure surtax; March 27, 2018 Page 8 that we keep that on the agenda. If Commissioner Taylor wants to discuss the project at that time, that's fine. If she wants to bring it back at a future date, that's fine. But the motion is to continue the items other than that one item at this point. COMMISSIONER McDANIEL: I'll second that motion. And, Commissioner Taylor, I did meet with Mr. Slack and Clarence yesterday afternoon as well and shared the similar sentiment that you were discussing that it's -- I mean, we can certainly talk about it today when we hear the item, but it's a bit tardy. COMMISSIONER TAYLOR: That's fine. CHAIRMAN SOLIS: Yeah. And I met with Mr. Barton and Mr. Slack as well, and I think it's a good idea. It's just -- we're just too far down the road. Okay. So there's a motion and a second. MR. OCHS: Mr. Chairman, if I may. With regard to that, if that item stays on the agenda, it was also requested for a 9:30 a.m. time-certain hearing by Commissioner Taylor. So we have that item scheduled for 9:30, and Item 13A, which is the presentation of your Comprehensive Annual Financial Report scheduled for 10 a.m. And those are all the changes I have, sir. COMMISSIONER SAUNDERS: I'll include that in the motion, Mr. Chairman. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: Very good. So there's a motion and a second. Any discussion? (No response.) CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. March 27, 2018 Page 9 COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. COMMISSIONER McDANIEL: Fifteen minutes to figure out the agenda. COMMISSIONER TAYLOR: Pardon me? COMMISSIONER McDANIEL: I was talking to myself, and the microphone's on. COMMISSIONER SAUNDERS: That's dangerous when you start talking to yourself into the microphone. COMMISSIONER TAYLOR: And I voted against myself, but that's because I can count to three. MR. OCHS: Mr. Chairman, it would be appropriate now to do any ex parte for your consent and summary agenda. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: I have none. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Yes. Items No. 9A and 9B -- COMMISSIONER McDANIEL: Those are not consent and -- COMMISSIONER FIALA: Oh, I'm sorry. You're absolutely right. CHAIRMAN SOLIS: Just consent. COMMISSIONER FIALA: I wasn't even looking. Sorry about that. None. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: No, nothing. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: I have nothing. CHAIRMAN SOLIS: I don't have any ex parte disclosures, but I do -- I have a conflict on 16A and 16.9 (sic), and I'll be abstaining from March 27, 2018 Page 10 voting on those. COMMISSIONER McDANIEL: 16 what? CHAIRMAN SOLIS: 16A9 and 16A10. Sorry if I misspoke. MR. OCHS: Do we need another motion, County Attorney, or are we good? MR. KLATZKOW: We're good. March 27, 2018 Page 11 Item #3B AWARDS AND RECOGNITIONS – 20 YEAR ATTENDEES MR. OCHS: Okay. Commissioners, that takes us on to Item 3 this morning, Employee Service Awards. If the Board would be good enough to join us in the front of the dais. COMMISSIONER McDANIEL: We'd be happy to. This is our favorite part. MR. OCHS: Commissioners, we are pleased to celebrate two employees this morning celebrating 20 years of service with county government. Our first service award recipient with 20 years of service in our Transportation Administration Division, Jeanne Marcella. (Applause.) MR. CASALANGUIDA: Don't cry. (Applause.) COMMISSIONER TAYLOR: The voice of Nick Casalanguida. COMMISSIONER FIALA: She's lovely to everybody, I'll tell you, no matter where she go around this county. MR. OCHS: Also celebrating 20 years of service with our Road Maintenance Department, Juan Mesa. Juan? (Applause.) MR. OCHS: Congratulations. (Applause.) MR. OCHS: Commissioners, that concludes our service awards. Thank you very much. Item #4A PROCLAMATION HONORING THE WORK OF THE CANCER ALLIANCE OF NAPLES AND EXPRESSING BEST WISHES March 27, 2018 Page 12 FOR ANOTHER SUCCESSFUL YOGACAN EVENT. ACCEPTED BY JODI BISOGNO, DIRECTOR OF THE CANCER ALLIANCE OF NAPLES AND ANGELA GOODNER, CO-CHAIR OF YOGACAN 2018 – ADOPTED MR. OCHS: Mr. Chairman, we move to this morning's proclamation. Item 4A is a proclamation honoring the work of the Cancer Alliance of Naples and expressing best wishes for another successful YogaCAN event. To be accepted by Jodi Bisogno, Director of the Cancer Alliance of Naples; Angela Goodner Co-Chair of YogaCAN 2018; Molly Graves of Practice Yoga, Naples; Michelle Falco of It Starts With You Wellness; and Susan Carlson of BKS Yoga. If you'd please step forward. (Applause.) MR. CASALANGUIDA: There's always one thorn in the roses. CHAIRMAN TAYLOR: If there's any want-to-be yogis out there, this is a great event. MS. BISIGNO: Well, even if you're not a yogi, there's some other things you can participate in. First I'd like to say thank you to all of you. Many of you sitting up there are big supporters of CAN and have been in the past in many different capacities. So thank you for allowing us -- this is our third year that we've had our proclamation; our very first, sort of, county recognition for people to get to know us. And YogaCAN is in its fifth year, so we are celebrating our fifth year. And what started in a parking lot five years ago in honor of Jean Waltzer, who at the time was battling her fight for -- in her fight for cancer, really has grown every year to raise, as of this year, over a quarter of a million dollars for the Cancer Alliance of Naples. What started with her simple declaration that they were the lucky ones during their fight, they had access to resources, medical care. March 27, 2018 Page 13 They had the financial means; they had community. What Cancer Alliance does is we sort of help those who don't have all of those resources. So during their time of treatment, whether a child or adult, we can step in and help them pay the bills while they're in cancer treatment. So YogaCAN is really one of those things that is an avenue for us to not only raise awareness but also raise dollars in the local community. And what sets us apart from any other charities is it is all local. So anything that we raise here stays here to help our family, our friends, and our loved ones during their fight for cancer. So we don't do that without all of you and the people that support us in our efforts. And YogaCAN is a community event that just brings everyone together, all levels, whether you practice or not, on April 8 at the Naples Beach Hotel, which is hosted there, and then we also have a sunset social the night before. So if you don't do yoga but you like to maybe have a nice drink, cocktail, and mingle, we also have an event the evening before for those people who do not do yoga. So we appreciate being here and all of you for all that you do to support us, and thank you very much. (Applause.) CHAIRMAN SOLIS: I'd just like to recognize Dr. Joel Waltzer as well. I know he wanted to be here, but I don't think he could be here this morning, so it's a great event. COMMISSIONER FIALA: Is Dr. Joe Walter a -- CHAIRMAN SOLIS: Joel Waltzer. COMMISSIONER FIALA: Yeah. Is he a cancer specialist? COMMISSIONER TAYLOR: No, he's a dermatologist. CHAIRMAN SOLIS: He's a dermatologist, but his wife Jane (sic) died of cancer recently. COMMISSIONER FIALA: Oh, I see. March 27, 2018 Page 14 MR. OCHS: Commissioners, that moves us to today's advertised public hearing. We'll hear Items 9A and 9B together as companion items. Item #9A DEVELOPMENT ORDER AMENDMENT 2018-01/RESOLUTION 2018-64: AFFIRMING THE DECISION OF THE COLLIER COUNTY PLANNING COMMISSION AND APPROVE A RESOLUTION AMENDING DEVELOPMENT ORDER 88-02, AS AMENDED, THE CITY GATE COMMERCE PARK DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR SECTION ONE: AMENDMENTS RESTORING LANGUAGE FROM THE ORIGINAL DEVELOPMENT ORDER 88-02 AND PROVIDE TRAFFIC CONVERSIONS, WITHOUT INCREASING THE OVERALL BUILDOUT TRAFFIC; AMENDMENT TO REGULATIONS PERTAINING TO VEGETATION AND WILDLIFE/WETLANDS TO REMOVE THE 2.47 ACRE WETLAND “PRESERVE” REQUIREMENT; AMENDMENT TO REMOVE PHASING SCHEDULE AND OBSOLETE DEVELOPMENT RESTRICTIONS; AMENDMENT TO MASTER DEVELOPMENT PLAN; EXTENSION OF TERMINATION DATE; AND AMENDMENT TO ALLOW FOR BIENNIAL REPORTING; SECTION TWO: FINDINGS OF FACT INCLUDING REVISED LEGAL DESCRIPTION AND CORRECTION OF ACREAGE; SECTION THREE: CONCLUSIONS OF LAW; SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND PROVIDING AN EFFECTIVE DATE - MOTION TO APPROVE MODIFICATIONS TO ITEM #9A & #9B March 27, 2018 Page 15 AS PRESENTED BY THE COUNTY MANAGER – ADOPTED Item #9B ORDINANCE 2018-13: AN ORDINANCE AMENDING ORDINANCE NO. 88-93, THE CITY GATE COMMERCE PARK PLANNED UNIT DEVELOPMENT, TO REVISE THE LEGAL DESCRIPTION AND CORRECT THE ACREAGE OF THE MPUD; TO UPDATE THE MASTER DEVELOPMENT PLAN INCLUDING DESIGNATING A LAKE/RECREATIONAL AREA, ADDING EXTERNAL ACCESS POINTS ALONG THE EASTERN MPUD BOUNDARY AND ADDING THE COLLIER COUNTY SPORTS COMPLEX; TO PROVIDE CONVERSIONS TO ALLOW ADDITIONAL HOTELS AND MOTEL UNITS AND THE DEVELOPMENT OF THE COLLIER COUNTY SPORTS COMPLEX, WITHOUT INCREASING THE OVERALL ORIGINALLY APPROVED BUILDOUT TRAFFIC; TO PROVIDE DEVIATIONS FOR SIGNAGE, FLAGPOLES, PARKING AREAS, LANDSCAPE AREAS AND BUFFERS, ARCHITECTURAL REVIEW STANDARDS, NATIVE VEGETATION AND WATER MANAGEMENT; TO CLARIFY PERMITTED USES AND ADD DEVELOPMENT STANDARDS FOR THE SPORTS COMPLEX, INCLUDING BUILDING HEIGHTS; TO UPDATE BUILDING HEIGHTS ELSEWHERE IN THE MPUD; TO REMOVE OUTDATED COMMITMENTS; TO ADD EXHIBITS INCLUDING EXHIBIT A-3 PERMITTED USES BY SIC CODES, EXHIBIT A-4 CROSS SECTIONS-NORTH BUFFER, EXHIBIT A- 5 SIGN DEVIATION EXHIBIT, AND EXHIBIT A-6 REQUIRED YARD PLAN; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE – ADOPTED March 27, 2018 Page 16 MR OCHS: Item 9A is a recommendation to approve a resolution amending the City Gate Commerce Park Development of Regional Impact, and Item 9B is a recommendation to approve an ordinance amending the City Gate Commerce Park Planned Unit Development. Mr. Chairman, all participants are sworn in and ex parte disclosure to be provided by commission members, please. CHAIRMAN SOLIS: Commissioner McDaniel. MR. OCHS: I'm sorry. Mr. Chairman, also I failed to mention, these two items are also a companion item to 11F on this morning's agenda, and we will hear that item immediately following these two items. COMMISSIONER McDANIEL: And because they're companions, I only have a declaration on 9B, and it's meetings, files, correspondence, and emails. COMMISSIONER FIALA: I grouped in 9A and 9B because I've spoken with Nick Casalanguida and Leo and Ron Rice about this over time, and I can't separate which ones I talked about, so I'm including both of them. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: Numerous meetings, correspondence, emails, calls going back to early 2014. It's hard to believe. Visited the site on numerous occasions, walked the site. I think that would cover it. Thank you. CHAIRMAN TAYLOR: Commissioner Saunders? COMMISSIONER SAUNDERS: I don't have any ex parte communications on it. CHAIRMAN SOLIS: Thank you. And I have meetings with Mr. Rice, Roger Rice, John Stinhauer, Teryl Brzeski, and just emails and electronic communications. So March 27, 2018 Page 17 that's all I have 9B. COMMISSIONER McDANIEL: Mr. Chair, may I go out of order one moment? CHAIRMAN SOLIS: Sure. COMMISSIONER McDANIEL: I was asked by the mayor of Everglades City this morning, who was not able to come to our meeting, to express gratitude to you-all for approval of the contribution of our excess vehicles to the City of Everglades. He wasn't able to be here. And it went through on the consent agenda, and I just wanted to say that out loud for and on behalf of the residents of Everglades and the mayor himself to express our gratitude for your assisting with that. So thank you. Forgive me for -- CHAIRMAN SOLIS: Absolutely. COMMISSIONER McDANIEL: -- going away from it. But I wanted to say it. COMMISSIONER FIALA: Worth it. MR. OCHS: It's appropriate to swear in any participants at this point, please. (The speakers were duly sworn and indicated in the affirmative.) MR. FRUTH: Good morning, Commissioners. For the record, Josh Fruth with Davidson Engineering. I have a short presentation I want to go through with you guys, but first I need to start with thanking a lot of people to get to today. This was a hard PUD, and we cleaned it up really well. County Manager's Office, County Attorney's Office, Matt McLean, Jamie, and Nancy and staff from Growth Management, my office, and thank you as well for where we are today. With that, a short presentation, as I mentioned. We're here for the City Gate Commerce Park PUD location. I'm sure you guys are very familiar with it, but doing it for the record and anybody watching. Located at I-75 and 951 at the Exit 101. There's Golden Gate, Pine March 27, 2018 Page 18 Ridge, and Immokalee Road. City Gate's got about an 8-mile radius between the center of the project to Everglades and then out to the beaches. Neighboring properties include Collier County's Resource Recovery Business Park, we see on the pointer here, the 305 parcel, the landfill, to the west is 951, and I-75, as we previously mentioned. Just a few items that I wanted to cover coming out of the CCPC hearing. The sports complex standards and regulations, one of the key items highlighted in the green box that we added. The hours of operation, we noted those at the CCPC hearing a couple weeks ago. Sunday through Thursday 7 a.m. to 10 p.m. Weekday holidays are recognized by the Collier County Government and are subject to Friday and Saturday time schedules. Friday and Saturday is 7 a.m. to 12 a.m. And the weather-related delays will extend those hours of operation. A couple key components that we're going to get into right now just to add is that amplified sound will face to the south, and we will implement Dark Skies. The lighting basics will apply to the sports complex project. Also, in the permitted uses one of the key items that was added, there were questions at the CCPC hearing -- and this is, again, related to sound -- about bands, orchestras, concerts. And the key element there is that the sports complex project, the contract purchaser will be limited to 20 events, one per weekend. Anything above 20 will require a temporary-use permit. As part of coming out of CCPC, there were some questions raised by residents regarding sound and lighting. I asked, as part of my sub-consultant team, which is on your consent agenda today for the sports complex -- Davidson Engineering will be assisting Collier County on that. I asked my sub-consultant, Populous, who is a premiere sports consultant architecture landscape planning firm, to March 27, 2018 Page 19 take a look at lighting on past projects and provide some backup to that. And in front of you is a memo which is part of the record, and what they did was they took regular lighting, which is similar to complexes in Collier County now, and we compared it to the Dark Skies in site specific, you know, cutoffs and LED lighting. You can see the difference in how the field is lit, the two in front of you. In this particular project, this is in Kansas City, outside of Kansas City in Missouri, you do not see -- notice you do not see that silo on the right portion of your screen. A view away, the spillover lighting is key. The cutoff optic are the big items with the lighting that we will be looking at for the sports complex project. Again, you can see the spillover lighting, the cutoff as you back away. And I think this is probably one of the best ones. In, you know, the photo on your left, you see the track in the complex and actually the stadium seating. But when you implement the Dark Skies basics, you know, it cuts off. It's basically end zone to end zone. Sound was another question at CCPC. And Populous, again, in coordination with myself, we had a sound consultant on many of their old projects, and they reviewed sound. And a couple of the key elements that, at CCPC, we noted, County Manager's Office, as contract purchaser, through you guys, we noted that, you know, there will be no amplified sound to the north. And one of the two elements that we could review is a sound cluster system on the north end of the stadium. Basically what that means is the cluster system projects toward the south but to the north would be blocked off different than the way some sound systems, even in the professional sports, is used today. But on this amateur complex we would focus on that or a distributed audio system, which is more site specific to the sections of seating which decreases dramatically the March 27, 2018 Page 20 noise pollution. One of the other items is part of the packet in front of you guys. There's a caretaker residence -- residences. They've always been part of the City Gate PUD. The only clarification was the cap on the number and to allow for detached or attached caretaker residences. In this case for the sports complex it would be similar to the school board and, because of the size of the complex to give the contract purchaser, Collier County, the flexibility for security, on-site security in the evenings and those items. That's all I have. I'm going to open it up for questions. And hopefully we can answer any questions that you have. Thank you very much. And I also want to thank the CCPC and Mark Strain as well. I failed to do that. That was -- through the two hearings, it was a big process. Thank you very much. COMMISSIONER McDANIEL: It was. MR. OCHS: Mr. Chairman, would you like to hear from staff now unless there's board questions? CHAIRMAN SOLIS: Staff or the public? MR. OCHS: Staff. CHAIRMAN SOLIS: Sure. MR. OCHS: Nancy? MS. GUNDLACH: Good morning, Commissioners. I'm Nancy Gundlach, Principal Planner with the Zoning Division, for the record. And this morning staff has a few items I'd like to get on the record, and your DOA resolution that was attached to your agenda was missing Exhibits A, B, and C, and that is the master plan, the legal description, and the notice of proposed change. Those exhibits will be attached to the final DOA resolution. And also we have some proposed language that we would like to add into the PUD ordinance, and it's shown on the visualizer right now. And if you'd like, I can read March 27, 2018 Page 21 it or not. MR. OCHS: Go ahead. MS. GUNDLACH: Go ahead and read it. Okay. For PUD Section 2.7 -- and this is the language that's going to be added at the end of the first paragraph -- any sign exceeding the requirements of PUD Section 2.7 3 through Section 2.7 12 may be approved by a supermajority vote by the Board of Collier County Commissioners, and to PUD Section 3.2.A.3.e.4, special events permit to exceed hours listed above may be approved by the Board of Collier County Commissioners. And with that, because these petitions are consistent with the Growth Management Plan and the Land Development Code, staff is recommending approval. CHAIRMAN SOLIS: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: In the PUD, you mentioned a managing entity. Who is the managing entity? MR. CASALANGUIDA: It's the City Gate Property Owners Association. We put that language in as staff probably about seven years ago working with Jeff and Heidi. When PUDs get fragmented, and we deal with that a lot, we need one person to respond on behalf of the commitments. So it's usually the property owners association. COMMISSIONER TAYLOR: So the county would be part of that? MR. CASALANGUIDA: Would be part of that association that would work through the City Gate Management Team. COMMISSIONER TAYLOR: Okay. And another question -- and I searched and searched and cannot find it, so after three times I'm going to give up. But within the underlying changes in this ordinance, there was a reference to a simple majority being required for a specific area, and I cannot find that anywhere. And I understand we're changing from a March 27, 2018 Page 22 supermajority, and I guess if we can't find it or if it's not there, that's fine, but if it is, I just would ask, with agreement of my colleagues, that we adhere to our uniform way of doing business here, and if it requires a supermajority, it's a supermajority. We don't kind of give ourselves a benefit here. MR. FRUTH: Again, Josh Fruth. This is related to -- Commissioner Taylor, this is related to Deviation No. 8, which is for the sports complex project. The last sentence of that deviation -- let me put it up on the projector. COMMISSIONER TAYLOR: Oh, here it is. That's right, 8. MR. FRUTH: I have the highlighted version, and, basically, these highlights were through the CCPC hearings and distinguished between what was added and removed. But the purple section, the magenta section is hard to read on the visualizer, but it says, by simple majority of the location. Basically, the right-of-way with further Board of County Commissioners' approval by simple majority vote. It relates to the directional signage for the sports complex project. Go ahead. MS. ASHTON-CICKO: The reason we proposed it that way -- Heidi Ashton-Cicko, for the record -- is because in this section you're dealing with the land-rights issue, which is the county's going to allow it in a certain location in the right-of-way, and we're the easement holder of the public right-of-way in this instance. So that's why in that case it's a simple majority. MR. CASALANGUIDA: It's not a land-use decision. COMMISSIONER TAYLOR: Okay. So it's not granting us any kind of special privilege. It is just a matter of law? MS. ASHTON-CICKO: Well, as the owner, holder of the easement, it's whether you're going to allow it or not and, by comparison, there are few instances through license agreement where we've allowed some private entities when there's essential service March 27, 2018 Page 23 involved to be located in the right-of-way. So it's consistent with how we've treated those other ones. But since the signage is most likely going to be the county's signage in the right-of-way -- that's why it doesn't mention a license in this case. COMMISSIONER TAYLOR: It's coming for a vote rather than being handled administratively? MS. ASHTON-CICKO: Correct, because the policy has been that when there's signage that's more of a commercial nature, before the right-of-way permit is issued, it comes back to you so you can approve the land-rights issue. MR. KLATZKOW: It bypasses a variance process, essentially. Without this language if you wanted to change the signage you'd have to go through a variance process. COMMISSIONER TAYLOR: Oh, okay. MR. KLATZKOW: This way, rather than going through the variance process, it will come directly to the Board. The only issue is do you want three or four votes? COMMISSIONER TAYLOR: What do we normally do if it was someone else coming? Is it a four vote or is it a supermajority or is it a simple majority? MR. KLATZKOW: A variance is generally three votes, isn't it? MS. ASHTON-CICKO: Correct, a variance is three. A PDI, insubstantial change to a PUD, is four. COMMISSIONER TAYLOR: Okay. So this would be considered a variance? MR. KLATZKOW: It's in lieu of a variance. But we could go through the whole process with a variance and then require three votes from the Board or just come to the Board. COMMISSIONER TAYLOR: Fine. Thank you. I'm satisfied. Thank you very much for that explanation. March 27, 2018 Page 24 CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Oh, yes. I just wanted to put on the record, because I just noticed it -- and I'm fine with it, by the way. But it mentioned caretakers' residences. And so yesterday, with meeting Leo and Nick, I said, are we building residences on this property for caretakers? And they explained to me, we're going to have a caretaker on. Even though it says residences, if there is some facility or some organization who wants to build a caretaker residence on the property, they have the ability to do that, but it's not coming at taxpayer expense. So I just thought I would mention that on the record just to clear that up in case anybody else was looking at it, too. Thank you. CHAIRMAN SOLIS: Anything else? COMMISSIONER FIALA: Nope. CHAIRMAN SOLIS: I have a couple questions. One, could you put the language that you had up before where it said -- on the -- coming to the Board, and it may be approved -- it says, may be approved by a supermajority vote. COMMISSIONER TAYLOR: Simple. Simple majority. CHAIRMAN SOLIS: No, the one before that was -- that one. And I am handicapped with a law degree, so I'll apologize in advance. COMMISSIONER McDANIEL: That's twice you've said that. CHAIRMAN SOLIS: Do we -- I mean, if -- it says "may." And do we want that to be it can be done or it can be done some other way, or do we intend to say "shall"? Is this a -- COMMISSIONER TAYLOR: Shall. CHAIRMAN SOLIS: It's intended to be a requirement, right? MR. CASALANGUIDA: Yes, sir. CHAIRMAN SOLIS: So I'm wondering if we should not say "shall." Okay. I'm sorry. COMMISSIONER TAYLOR: That's not a handicap. March 27, 2018 Page 25 MS. GUNDLACH: We can do that. CHAIRMAN SOLIS: Okay. The other question I have -- and it just occurred to me, and it was a conversation that Mr. Casalanguida and I had after the hurricane was that there was some thought being given to hardening some aspect of this for maybe a special-needs facility in another event like a hurricane. And is everything that we're doing going to allow for that? I just want to make sure that -- MR. CASALANGUIDA: Yes, sir. That's part of the final design. Whether it's special need, whether it's for staff, we plan, when we bring the field house component to the Board, having an option to harden it. We'll have the cost identified then. And if the sales tax provides that or the Board wants to support that, we will build that into the project. CHAIRMAN SOLIS: Okay. I just didn't know if there was anything zoning-wise that we needed to take care of. MR. CASALANGUIDA: (Shakes head.) CHAIRMAN SOLIS: Okay. That's all I have. Thank you. We've got public speakers. MR. MILLER: Mr. Chairman, we have two registered public speakers for this item. Your first speaker is Steve Carmichael, and he will be followed by Sandy Thalheimer. MR. CARMICHAEL: Well, thank you for having me. I appreciate it very much. I just want to say for the record that I'm 100 percent against this, and one of -- the main reason is I live 650 feet from the back wall of the caretaker's facility or the field house. So it's going to be right -- literally right in my backyard. So that's one thing. And all of the participants of the public meeting that happened last November were also against it. There are -- Golden Gate High School's less than two miles away; Golden Gate Middle School is less than two-and-a-half miles March 27, 2018 Page 26 northwest; Lely High School is less than seven miles away. They have all the same facilities that you're talking about. Golden Gate Community Center and Golden Gate Park have far more facilities than are going to be offered by this complex. I'm going to cut it short because -- this is a letter that I wrote to Nancy who said she put it in your opposition pile. You probably only have one of those, and I'm probably it. I'm an old sound man, and I appreciate the guys turning the speakers to the south. You're still going to have splash-over. There's no way around it. Lighting is the same thing. If this thing is going on from 7 o'clock in the morning -- I don't know how many of you have been part of a sports team, but if the game starts at 7 o'clock in the morning, I guarantee you the coaches are going to want them there at 6:30 in the morning to do batting practice or whatever -- callisthenics, whatever, warmup. So 650 feet from by backyard at 6:30 in the morning, I'm going to be having bats and balls and whistles and all kinds of other stuff. There were -- seems to me there were a lot of different places this could have been placed. If you were really proud of this facility, it could have gone across on the west side of Collier on the two parcels that make up the northwest and the southwest corners going into Golden Gate High School and/or the corner of Collier and Davis, southeast -- southwest corner of that. So that's available to you, too. Closing, this isn't Field of Dreams where if you build it they will come. This is a projected image. You're going to add 265,000 more cars or more people into that product -- into that project. If you think that's not going to impact anything, I would encourage all of you to be there today at 5:30. And, finally -- and I know I'm a little over time. Finally, when could this have been stopped? And what I mean by that is the first time the homeowners were ever aware of this was last November. I think March 27, 2018 Page 27 Commissioner Taylor said this has been going on since 2014. When was the public ever informed of that? I was never informed of that, and I've been living there since 2007. So I'm confused as to when we could have -- when the voice of the people could have been heard. So thank you for that. I appreciate it pretty much. CHAIRMAN SOLIS: Thank you. COMMISSIONER TAYLOR: Thank you. MR. MILLER: Your final public speaker on this item is Sandy Thalheimer. MR. THALHEIMER: Hi. Thank you for having me. I live, actually, next to Mr. Carmichael. I'm a competitive pistol shooter. I've been involved in the sport. I'm one of the top super seniors in the country. I shoot in the backyard every day to the tune of about 100,000 rounds a year. I practice every day. The neighbors know at 9 o'clock they expect to hear me shooting. I travel all over the world doing it. I built a really nice backyard range, but there are, like, five or six backyard ranges on our street, and there's no standards for any of them. Because I own a private club, I know how ranges need to be built, and I know it's going to cost me close to 15-, $20,000 to upgrade my range if we have this development on the other side of the canal. And I didn't ask for this, but I don't really think it's fair that because somebody's doing this, that I'm going to have to pay this money or give up my sport, which I really don't want to do. So it's just -- everybody on the street will be affected. I know how it's going to affect me. Thank you. CHAIRMAN SOLIS: That was our last speaker? MR. MILLER: Yes, sir. CHAIRMAN SOLIS: Is there any other questions or discussion? March 27, 2018 Page 28 COMMISSIONER FIALA: Have we worked with any of these people to try and alleviate their problem? MR. CASALANGUIDA: Yes, ma'am. As Josh pointed out, the two things we did talk with them about is pointing the light down, full cutoff optics, what we agreed to, and pointing the music to the south and using clustered or distributed audio as the two components that are there. But, as you know, Commissioner, around the county, there's probably seven or eight high schools that are in neighborhoods that have this. And we did an extensive siting location study; came back to the Board several times. We actually looked at North Collier, we looked across the street. This is at the corner of I-75 and I-75 and 951 and, in essence, in a light industrial area that's in three different directions. There's probably no other location in the county that is more suited for a place like this next to the highway. So we have, you know, put it in our design features to be good neighbors. But will you hear occasionally a band or something playing, yes, ma'am, you will, but no louder, probably less loud than the high schools that are there in the location in residential neighborhoods. CHAIRMAN SOLIS: Thank you. Is there a motion? COMMISSIONER TAYLOR: Make a motion to approve the ordinance with the revisions as submitted by staff. CHAIRMAN SOLIS: There's a motion. A second? COMMISSIONER FIALA: Second. MR. KLATZKOW: Just for classification, because you have three items here, we can do them -- MR. OCHS: 9A and B. MR. KLATZKOW: Yeah. March 27, 2018 Page 29 MR. OCHS: Together? MR. KLATZKOW: Yeah. COMMISSIONER TAYLOR: We can. Items 9A -- I modify my motion to include Items 9A and 9B. COMMISSIONER FIALA: And my second. MR. KLATZKOW: And, Mr. County Manager, were there any changes to be made to the ordinance? MR. OCHS: Only those that were noted earlier. MR. KLATZKOW: Well, can we get that so we have absolute clarification what's being changed. COMMISSIONER McDANIEL: Just one word. COMMISSIONER TAYLOR: No, no. MR. CASALANGUIDA: With the word "shall" replacing "may" in both sentences. COMMISSIONER TAYLOR: And this is in addition to the ordinance that was before us, so these changes. Yeah. MR. KLATZKOW: And you still want supermajority on the change, ma'am? MR. CASALANGUIDA: For this section -- COMMISSIONER TAYLOR: No. I'm satisfied. I'm satisfied that it did not require it before so, therefore, it does not require it with this ordinance. MR. OCHS: Thank you, Jeff. Okay. CHAIRMAN SOLIS: So there's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. March 27, 2018 Page 30 CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: The motion carries. Item #11F A SECOND AMENDMENT TO DEVELOPER AGREEMENT BETWEEN CITYGATE DEVELOPMENT, LLC, 850 NWN LLC, AND CGII, LLC AND COLLIER COUNTY, AMENDING THE PROVISIONS RELATED TO ROADWAY ACCESS, STREET LIGHTING REQUIREMENTS AND TRANSPORTATION CONCURRENCY VESTING – APPROVED MR. OCHS: Mr. Chairman, that takes us to 11F. This is the companion item. It's a recommendation to approve a second amendment to the developer agreement between City Gate Development and Collier County. And Mr. Casalanguida will present. MR. CASALANGUIDA: Thank you, Mr. Manager. This is one of the conditions precedent to closing that we would lift the restrictions on City Gate. It clarifies some of the time of when lighting and improvements to the City Gate Boulevard North will be done and identifies that Brennan Drive and City Gate South will go through the SDP process and not the right-of-way permit process. Other than that, it is consistent with what we presented in the prior agreement to the Board for the purchase and sale. COMMISSIONER TAYLOR: Make a motion to approve. COMMISSIONER FIALA: And I'll second. CHAIRMAN SOLIS: There's a motion and a second. Any discussion? (No response.) CHAIRMAN SOLIS: All in favor, say aye. March 27, 2018 Page 31 COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries as well. Thank you. MR. CASALANGUIDA: Thank you, Commissioners. MR. OCHS: Thank you, sir. Item #11H THE ATTACHED DRAFT BALLOT LANGUAGE AND ORDINANCE FOR THE INFRASTRUCTURE SURTAX OR ONE- CENT SALES TAX REFERENDUM TO BE ON THE GENERAL ELECTION BALLOT NOVEMBER 6, 2018; AND AUTHORIZE THE COUNTY ATTORNEY TO ADVERTISE THE ORDINANCE FOR A FINAL READING AND DIRECT THE COUNTY MANAGER TO BEGIN PUBLIC EDUCATION ABOUT THE PROCESS AND THE PROPOSED PROJECTS IN AN AMOUNT NOT TO EXCEED $100,000 - MOTION TO APPROVE W/CHANGES: PROJECT LIST TO BE PLACED AS AN EXHIBIT IN THE ORDINANCE WITH THE MINOR REVISION TO THE BALLOT TO KEEP WITHIN THE 75 WORD LIMIT – APPROVED MR. OCHS: Commissioners, that takes us to the 9:30 time-certain. This is a recommendation to approve draft ballot language and an ordinance for the infrastructure surtax, one-cent sales tax referendum to be on the general election ballot on November 6th, March 27, 2018 Page 32 2018; authorize the County Attorney to advertise the ordinance for a final reading, and direct the County Manager to begin public education about the process and the proposed projects in an amount not to exceed $100,000. Mr. Willig from the County Manager's Office will make a presentation. MR. WILLIG: Good morning, Commissioners. Jeff Willig, for the record, County Manager's Office. In your agenda packet we've provided to you an ordinance. Basically, as you can see on the screen here, ordinance -- the ordinance sets up the 1 percent, sets up the basic requirements for the referendum and for the sales tax to occur, and it sets the expiration and the amount that we intend to collect. In that we also have ballot language. On the screen here I have a crossed-out version. It was brought to our attention after we accomplished that the word "one cent" is actually two words, according to Florida, so it put us over the 75 word limit, but we did some tinkering and moved some words around, as you can see on the screen there, to get us back down to the 75 word limit that's set out by Florida statute. Also, in the executive summary we reference having a public information program setting up a budget for that. The County Attorney referenced Florida Statute 106.113, which kind of guides what we can do with that. It will be strictly limited to an informational campaign, and we would intend to put together a website, do some mailings, hold public information meetings, and just provide the public with information. If you have any questions, I'd be happy to answer them. CHAIRMAN SOLIS: Questions for staff? (No response.) CHAIRMAN SOLIS: Do we have public speakers? March 27, 2018 Page 33 MR. MILLER: Yes, Mr. Chairman. We have seven registered public speakers on this item. I'd like to ask the speakers to use both podiums. I will call two names; if the second speaker could be waiting. Your first speaker is Marvin Easton, and he'll be followed by Michael Dalby. MR. EASTON: I'm Marvin Easton, 944 Spy Glass Lane in the City of Naples. I support your list of county capital projects as projects that should be funded and implemented. I accept the estimated cost prepared by your staff as being valid. I believe the sooner each of these projects is accomplished, the better it will be for all county residents; therefore, it comes down to how to fund your projects. Most of us do not want any of our taxes increased. I am in that group. Thus, the only current option is to divert funds from the current reserves or future General Fund revenue, which mostly comes from ad valorem property taxes, to these projects. I don't know how long it will take to accumulate the projected total shortfall amount of $451 million, but my understanding is this amount is over and above the current and planned General Fund operating budget allocations over the next seven years. We do not -- we do know that the ad valorem portion of the General Fund revenue and our taxes will already increase each year as our taxable property values increase. But in order to generate an additional $70 million per year for your projects, the ad valorem property tax portion of the General Fund sourcing would have to be increased between 20 and 23 percent just to fund the listed projects. Therefore, not only will owner-occupied property taxes need to be increased, but property taxes on rental properties will also be increased. I would assume most rental property owners would then increase their rental rates to cover the same 20 to 23 percent increase in March 27, 2018 Page 34 property taxes. Thus all Collier County property owners and renters will pay for this increase. Some people say, why not borrow the money? But that is projected to add an additional 187 million to $255 millions more to the total cost that property owners and renters must still pay. With a projected 30 percent of the 1 percent sales tax revenue coming from nonresidents, such as tourists and people who live in neighboring counties but come to Collier County to work, dine, and shop, to me this is a valid funding option and will get these county projects done sooner. If the projected $490 million, of which 420 million is for your county projects, is generated sooner than the seven years, the tax is discontinued. The money can only be used for these county capital projects. Both Marco Island and Naples receive between 22 and $26 million each for your needed capital projects, and both cities currently have unfunded capital needs. CHAIRMAN SOLIS: Mr. Easton, I'm sorry. MR. EASTON: I just have three more paragraphs. The additional -- CHAIRMAN SOLIS: I'm sorry. MR. EASTON: The additional 1 percent does not apply to food nor medicine nor gas, but only to other discretionary purchases. If you're out to dinner and the cost is $50, it will -- CHAIRMAN SOLIS: I'm sorry. MR. EASTON: -- add 50 percent. CHAIRMAN SOLIS: Mr. Easton, I'm sorry. We've got to play by the rules. I'm sorry. MR. EASTON: Okay. MR. MILLER: Your next speaker is Michael Dalby. CHAIRMAN TAYLOR: Thank you for being here. MR. MILLER: He will be followed by Scott Burgess. March 27, 2018 Page 35 MR. DALBY: Thank you, Commissioners. Michael Dalby from the Greater Naples Chamber of Commerce. And I just want to reiterate how much we've appreciated all the people that we've worked with in this whole process; you, your staff. We got into this in trying to work off of issues that we felt were important: Work force housing, particularly for critical services providers; workforce training to provide expanded opportunity for our citizens to get vocational and technical training opportunities. And as we came to better understand the issues and the challenges with our county jail serving as the largest mental-health facility in the county, that we realized there needed to be more facilities for mental health and addiction. Along the course, the pathway here, we always said, if we're going to raise an issue, we need to find a way to pay for this issue. And we've gotten partners along the way who've come forward and said that they would be willing to shoulder the operations and maintenance costs with these, like the David Lawrence Center or like Florida Southwestern which said that if that facility was built on their campus, they would take case of that component of it there. So it's seeing that these partners also see this as a pathway to try to expand and address community needs. Along the way, as we looked at this -- the options of how to pay for it, your staff brought up a number of critical infrastructure projects: Roads, bridges, backup power supplies for the sewage lift stations, EMS substations, public safety needs, parks, and other projects that were backlogged during the recession when we didn't have the funds to take care of them. And now, even though our county's grown I think 65,000 in population over the last 10 years, we still have these needs. It's really for individuals who are here today. It's people who are needing these services today, not necessarily trying to do something that's to increase additional growth. It's really to take care of the March 27, 2018 Page 36 citizens that are here now. We feel like this is a matter of choice. How do you pay for these infrastructure needs? This pathway allows the citizens to vote on implementing a 1 percent local option sales tax that's time limited, bounded to seven years, would have to require another vote of the -- would have to require the County Commissioners to put it back on the ballot again to renew it, and would have to have another vote of the public to approve it. It creates a process where specific projects can be built, they have to be those projects, and paid for in a way where visitors and other people who work here but don't live here can shoulder up to 30 percent of the costs. We just ask that you would please place this county initiative on the ballot and then we encourage you to provide the funds for the continued public information. Thank you. MR. MILLER: Your next public speaker is Scott Burgess. He'll be followed by Richard Hoffman. MR. BURGESS: Good morning. Scott Burgess, and I'm a Collier County resident. I'm also the CEO of David Lawrence Center. And I thought it might be helpful to come here today to talk in support of the initiative in having this language put on the November ballot. One of the projects I thought it might be helpful for me to share a little bit about is the mental-health facility that's being proposed as one of the potential projects for funding. As was just alluded to by Michael Dalby and as we talked about at the wonderful workshop that the county commissioners put on last June, sadly, our jail here in Collier County is not different than most of the jails across the country that have become the de facto mental-health and addictions treatment facilities for our country. March 27, 2018 Page 37 Right now -- and the Sheriff can speak to this as well that on an average day in our county jail we provide psychiatric medicine to about 150 people every day, and David Lawrence Center, which is our largest community mental-health treatment facility, has 66 total beds. So just with that, those numbers alone we can see that we are a bit out of balance as far as having enough facilities and beds and treatment available to those that are clearly in need of such. So we're strongly in support of having this language for the voters to be able to determine if this is a funding mechanism that they'd like to use for these vital projects, and we believe that the mental-health component is one. Since the June meeting, the workshop that we had, we have regular stakeholder meetings of many different individuals talking about how we can develop a countywide strategic plan for mental health and addiction. It's been very well represented. We've had one meeting facilitated by a USF professor. We have another meeting that's coming up also to be facilitated by that professor, an independent expert in the area. And a facility of this sort is certainly something that's been recognized as a major gap issue for Collier County. So we look forward to hopefully being able to realize this along with all these other important projects through hopefully the passing of the sales tax initiative. Thank you very much. MR. MILLER: Your next speaker is Richard Hoffman. He will be followed by Meredith Barnard. MR. HOFFMAN: Good morning, Commissioners. My name is Richard Hoffman, and I live in the Orangetree section in Collier County. And I'd like to comment specifically on the wording of the proposed referendum. Currently, the referendum, in my opinion, does not provide taxpayers with enough information to make a good March 27, 2018 Page 38 decision. Now, I'll get back to that in a minute. Now, I realize that the county is going to be putting out an information website which will list some of the advantages of the proposed referendum. I also understand that you can't -- the referendum can't be more than 75 words, and corporations benefiting from construction projects will also be promoting the referendum; however, most of these efforts won't be paid attention to by taxpayers, but on election day, I believe that they will all read the 75-word referendum, and that's critical. The referendum as written includes a hodgepodge of different projects such as roads, parks, traffic signals, mental-health facilities, career and technical training. In fact, many of these projects have nothing in common except concrete. There is even $6 million for an animal shelter. Most important, citizens are not told in the referendum what the cost of all the projects will be, and I find this outrageous. As a citizen, I want to know how much money you're spending. That's key to me. You need to tell us how much you're spending. Now, I have two recommendations. First, instead of trying to cram everything into one referendum, how about having three referendums, one for each of the subcategories. If that's not possible, how about having one referendum each year for each of the subcategories? Another suggestion is that instead of spending $100,000 on public information, which I believe will obviously favor the referendum, a certain amount should be devoted to opposing the referendum, and I can see the looks on your face you don't agree. That's fine. For example, your argument that funds generated from the referendum will avoid borrowing money ignores the option that another year or two these funds could be obtained from impact fees or maybe general funds. March 27, 2018 Page 39 Someone opposed to the referendum might mention these facts or note that the solution to every problem government faces shouldn't be to increasing taxes. In the 30 seconds that I have left, I prepared a referendum for Category 1, which is transportation: To provide improvements to transportation infrastructure, Collier County requires additional revenue. The proposed source is a seven-year half percent sales tax on transactions occurring within Collier County, raising $240 million. These revenues would be used to fund Vanderbilt Beach Road extension, Collier Boulevard to 8th, Pine Ridge Road and Livingston improvements -- CHAIRMAN SOLIS: Mr. Hoffman, thank you. MR. HOFFMAN: -- eleven bridge replacements -- CHAIRMAN SOLIS: Thank you. I've got to play by the rules, too, for you as well. MR. HOFFMAN: Okay. Thank you. CHAIRMAN SOLIS: Thank you. MR. MILLER: Your next speaker is Meredith Barnard, and she will be followed by Bill Barton. MS. BARNARD: Good morning, Commissioners, Meredith Barnard or behalf of the Conservancy of Southwest Florida. Thank you for the opportunity to provide comment this morning. What I want to comment on is the issue that was brought up just at the beginning of the meeting. The Conservancy was also contacted last week by the Southwest Florida Land Preservation Trust regarding the water diversion projects to potentially be added to the sales tax. And, as Commissioner Taylor mentioned, the Conservancy, along with other local conservation groups, including Audubon of the Western Everglades and the Florida Wildlife Federation, had suggested the inclusion of shovel-ready Watershed Management Plan projects into the sales tax during the workshop that was had last year. However, to better understand the objectives of this proposal that March 27, 2018 Page 40 was brought to us last week, as it was to you all, to reduce flows into Naples Bay as it was described in all these recent discussions, the Conservancy would really need to see a detailed list of these projects for inclusion. Once we can evaluate the list of projects that are looking at for being included, we can then provide a position on that. So with that being said, if the proposal is being considered by the Board, we do request the item to be continued in order to have that opportunity to review a detailed list of projects before it is voted on. So thank you so very much. MR. MILLER: Your next speaker is Bill Barton. He will be followed by Sheriff Kevin Rambosk. MR. BARTON: Good morning, Mr. Chairman, Commissioners. For the record, my name is Bill Barton. I'm here today in my capacity as chairman of the Southwest Florida Land Preservation Trust. You all are aware that the trust is a 501(c)3 that was instrumental in the construction and development of the Gordon River Greenway. And I think it's safe to say that the partnership between our trust and Collier County was the key elements, although there were many, many players and many, many gracious donors that caused that greenway to happen. It was our partnership that really pushed it over the hill. That having been said, we're getting close to the end of the greenway. And our board has made a decision recently that perhaps our next best effort would be the restoration of Naples Bay. And to that end -- and I think each of you are aware as -- and your staff will agree as well, that there's really no option of a meaningful restoration of Naples Bay until we reduce the flow of freshwater on an annual basis out of the Golden Gate Canal into Naples Bay. We've had conversations throughout this past several weeks with your staff and with each of you commissioners on that subject. But I will tell you that it has become obvious to us that there's really not an appetite for changing the work items in the proposed sales tax at this March 27, 2018 Page 41 point in time. So we're not going to request that that item be added to that work effort at this time; however, every single person we spoke to said, yes, restoration of Naples Bay is a critical issue. Staff believes that; we believe that; each of you has said that to us as well. We talk a lot about the restoration of Naples Bay but we never really get started. And to state the obvious, if it doesn't get started, it's not going to get done. I mean, duh. Maybe we've raised the awareness. Your staff has made a point to tell us that there are other funding mechanisms for diverting flows from Golden Gate Canal into Naples Bay. It's our hope that this commission will raise that level of priority among your staff to push for those other funding mechanisms so that we can at last get started and maybe one day see a Naples Bay that's turned around like the San Diego Bay was much bigger, much worse condition. They turned it around. We can if we want to. Thank you very much. MR. MILLER: Your next speaker is Sheriff Kevin Rambosk, and he will be followed by Garrett Richter. COMMISSIONER SAUNDERS: Just a quick comment. First of all, I want to thank Mr. Barton for bringing this to our attention. I met with Mr. Barton, I believe, yesterday to talk about this. It is a great project. I think the goal is great. I think cleaning up Naples Bay and diverting those funds and rehydrating certain areas in Eastern Collier County, Belle Meade, and Picayune Strand are great concepts. And I, for one, will support that 100 percent going forward finding another funding mechanism to do that. But my point was, we shouldn't delay this infrastructure surtax issue, because that particular project needs a lot of work done on it in order to kind of identify what the project is, and -- but I can guarantee you that I'll work with you on making that a reality. MR. BARTON: Thank you, Commissioner. And we understand March 27, 2018 Page 42 the reluctance in going forward at this time with the addition to the work element. CHAIRMAN SOLIS: And I would echo that and just say that it's impressive to me what the trust did with the greenway, and then once that's completed, that wasn't enough; that you're pivoting and making another priority that you're going to focus on is really a testament to everyone that's involved with the trust, so thank you for doing that. MR. MILLER: Your next speaker Sheriff Kevin Rambosk. He'll be followed by Garrett Richter. SHERIFF RAMBOSK: Good morning, everyone. Thank you for the opportunity to give you a little bit of background on our needs for Collier County. You know, we are pretty innovative in what we do. Some people say we're different. Either way you put it, we have some results in Collier County that are dramatically positive. Tomorrow I'm going to release statistics on our 2017 crime rates. And I'm going to tell you today a little insight; that we will be down again to our lowest point since 1971. That does not get done or accomplished without a lot of factors in there. Two primary factors, use of innovating technologies as well as science and mental health and substance, which we have been investing in, among a few others. In what you're going to be considering funding out of this element that you're talking about is a forensic science and technology building that would accumulate evidence, hundreds of thousands of pieces of evidence that are around the county today, put them into one facility but, more importantly, give us the ability for digital forensics capability with advances in technology today. Without that an agency cannot move forward to successfully investigate and prosecute cases without the help of many other organizations. It takes months to do it. We have got to move forward with that. So for those structures and responsibilities, we're looking for that capability as we move forward. March 27, 2018 Page 43 More importantly, though, as you know, we've been working on the impact of mental health and substance abuse in Collier County. We've been doing it for a number of years. We've made very positive inroads in what we have accomplished as a community. You know, some still believe this is a social service program. I will tell you that it is not. It is a public safety issue, and it has a lot of cost that goes with it. And we can either pay that cost in victims, and we can pay that cost in jail costs. One way or the other, we need to make change. One hundred miles from here was one of the most horrific tragedies in this nation. There's nothing that says that can't happen here if we're not correctly assessing, identifying, and referring mental-health problems. In our facility, our community jail, in 2017 we had 550 moderate to severe mental-health issues. Out of that, probably 450 on psychotropic drugs throughout the entire year. Any given day with a population of 800, on average, we have 126 patients on psychotropic drugs and 456 that are having moderate to severe mental-health issues. We need help. You do not want to come to my facility to get treatment. We need to refer people where they can get help, and that's David Lawrence. Thank you very much. CHAIRMAN SOLIS: Thank you. MR. MILLER: Your next speaker is Garrett Richter. He will be followed by Patricia Aiken O'Neill. MR. RICHTER: Good morning, Commissioners. Garrett Richter, for the record. Nice to see you all. Marvin Easton was your first speaker, and he ran out of time. Had he had more time, he was heading into his comment that says there's a ceiling on this -- on this proposed tax of $5,000 purchases. So his next comment was going to be that it would be limited to $50 if somebody were to buy an automobile, and his final comments in his March 27, 2018 Page 44 comments were going to be the four options that you have. Those options are to do nothing, to borrow money, to implement an ad valorem tax, or employ this 1 percent sales tax. And with that as your four options, I would draw your attention to the Naples Daily newspaper this morning. Just a headline in there. Tourists strengthened in Collier County for a third straight month in February. The number of visitors staying in hotels and other vacation rentals rose three-and-a-half percent over the year in February, growing to over 200,000 people according to a report by the Tampa Bay Research Company. So if you take into consideration that number of tourists, we're calling it a sales tax; 30 percent of it is an impact fee, and it's an impact fee spent -- gathered by those folks that come into our county, use our infrastructure. And so for that -- that is a good way to validate this need. But I would tell you my priorities were addressed -- one of the reasons for my support were addressed, quite frankly, by the Sheriff right before. And I know on another issue I had the opportunity to let you know that everybody in this room is impacted; everybody in this room is impacted by mental health, and we are lacking in that area. And relative to the job training and the workforce housing, those are critical for continued employment opportunities. So I'm here in support of the -- in support of the initiative. Thank you for your attention. CHAIRMAN SOLIS: Thank you. MR. MILLER: Mr. Chairman, your final registered speaker on this item Patricia Aiken O'Neill. MS. O'NEILL: Good morning, Commissioners. And thank you for all the efforts that you have made to date on this issue. I am proud to be a citizen of Florida and a resident with my March 27, 2018 Page 45 husband of the City of Naples and the county of Collier. As a member of the board of trustees of the Community Foundation of Collier County, I have served on the Sustainable Funding Committee of the Chamber of Commerce. And they, like you, have carefully committed to their fiduciary duty to study and adapt this issue to the needs of the citizens of our county. And, actually, the needs assessment, the Collier County community needs assessment that has just recently been released, has starkly reinforced the need for this. So this serves many of the needs of the county, as has already been stated. Sixty-one of the 67 counties in the state of Florida have adopted this method of a sales tax to meet our needs, and what a waste for our county if it's decided to continue as an outlier. I'm not proud of that. Thank you for your time. CHAIRMAN SOLIS: Thank you. MR. MILLER: That was your final speaker on this item, Mr. Chairman. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: So I have some questions of staff. So this is a contract with the voters. And the ordinance, or the ballot, is there. How are they going to know what these items are? Not in detail, but is that going to be attached to -- for instance, so many folks are mail ballot. How are you going to handle that? MR. OCHS: The project list is not a part of the ballot referendum, ma'am; only the 75-word ballot language would be presented to the voters. That's why as part of this item I've recommended an aggressive public information initiative along with whatever private sector education advocacy efforts are initiated so that we can get out to the public and try to inform them to the very best of our ability about what's being proposed. March 27, 2018 Page 46 COMMISSIONER TAYLOR: That doesn't give me a lot of -- MR. OCHS: Well -- and I'll turn to the County Attorney, but I don't believe the list of any of these initiatives around the state actually allow for the inclusion of the full project list. MR. KLATZKOW: No. The way the statute's constructed, what you see is what the voters are going to, basically, look at. CHAIRMAN SOLIS: We can't have -- I'm sorry. COMMISSIONER TAYLOR: No, no, no. Please. CHAIRMAN SOLIS: We can't have, like, exhibits or anything attached? MR. KLATZKOW: No. It's just a ballot. CHAIRMAN SOLIS: We're stuck with 75 words. COMMISSIONER TAYLOR: No reference to a website, nothing like that. MR. KLATZKOW: No. This is your ballot. That's why the County Manager's asking for funding to, you know, outreach the public. COMMISSIONER TAYLOR: How are the people supposed to know that this is a contract? MR. KLATZKOW: It's not a contract. COMMISSIONER TAYLOR: That's how it was explained to me by the Chamber of Commerce. This is a contract. MR. KLATZKOW: Well, that's okay, but it's not really a contract. It's a general -- the way it's constructed, it's a general notice to the public that if you pass a one-cent sales tax, this is what we're going to spend it on. For example, we'll maintain roads. We're not telling the public which roads we're going to maintain, and that may change over time with the Board, but this is going to be a rather lengthy process. It doesn't tell the public which sidewalks we're putting in. It's just that part of this, you know, might be sidewalks; it might not be. March 27, 2018 Page 47 MR. OCHS: Commissioner, I don't know if this helps you, but the ordinance does contain a provision for a citizen oversight committee that this board would appoint whose primary responsibility will be to ensure that the specific projects that were just outlined on that list that was on the screen several minutes ago will be built with the dollars provided by the proceeds from the tax, and nothing in addition or exceptions to that would be built unless they come back to you and you make specific provision for that. But the whole idea is that there is a specific list of projects that will get done within the time period specified by the statute. And you'll have oversight, not by the staff, but by a committee that this board would appoint. COMMISSIONER TAYLOR: And that is in the ordinance? MR. KLATZKOW: And if you could put up the ordinance, Leo, so we can get clarity. Page 6. MR. OCHS: I'll find it, but it is, in fact, inside the ordinance, the oversight committee ordinance. I'll ask Nick to pull it up. MR. CASALANGUIDA: It's going to take a few minutes, Commissioner. COMMISSIONER TAYLOR: Yeah, that's fine. MR. KLATZKOW: I think we should get the clarity because -- CHAIRMAN SOLIS: It's in Section -- MR. KLATZKOW: G. CHAIRMAN SOLIS: -- 7. MR. KLATZKOW: I'm looking at -- on Page 6, G. CHAIRMAN SOLIS: Section 7. COMMISSIONER TAYLOR: No, I knew it was there. I just -- it's right here. Two at large, one from each county district. Page 4 of 8. And I understand the oversight, and I think it's critically important, but where does the contract come in? And you're telling me, County Attorney, March 27, 2018 Page 48 there's no contract. MR. KLATZKOW: Well, no. If we can put this on the overhead; 6G. MR. OCHS: Jeff, I have the -- MR. KLATZKOW: Yeah, if you can go to Page 6, Leo. Right. So you'll see under 6 that the Board may expend the proceeds of the surtax on projects not specifically stated herein or in the county's backup materials, so long as those projects comply with the intent of the ballot language. This gives you the discretion over time to change one specific project to another one should the need occur. Now, if you want to tie yourself into the specific -- those specific projects, we can do that, but that's going to require a change of this ordinance. The ordinance was done to give you some flexibility, which is why I'm saying that the ballot language refers to bridges. Which bridges we do ultimately is up to the Board of County Commissioners. COMMISSIONER TAYLOR: But we're -- MR. OCHS: That list will be presented during the public information campaign. We have a specific list of bridges identified. I think what Jeff is saying, that if, in some unforeseen event -- MR. KLATZKOW: You may have a bridge fall down, in which case it's all hands on deck and you change your project. It gives the Board of County Commissioners in what will be a publicly noticed proceeding the ability to move funds around as the need arises. MR. OCHS: And the ordinance also says here that the committee would not recommend alternative projects unless the County Commission asks them to do that. That's the last sentence in G. COMMISSIONER TAYLOR: Which is the great fear of most taxpayers, that we change our mind and use the money for other things. So this is my -- this is a conundrum for me. But I understand, if you have a bridge that, if there's an emergency or something March 27, 2018 Page 49 happens, you need that flexibility. But maybe it's the flexibility within the subject, but those subjects, bridges, roads, remain the same and have to be consistent. We can't -- MR. KLATZKOW: That's right. You have to spend the money on, for example, a bridge. Which bridge will depend upon the Board. Now, you do have your current list. The list is subject to change, but it's your changing it. MR. CASALANGUIDA: And, ma'am, if I could, that was predominantly put in there for that -- every project on that list is pretty much within the control of the Board except for the VA hospital because you're going for a federal application for that, and state. COMMISSIONER TAYLOR: Right. MR. CASALANGUIDA: If that application never gets approved, by the time you get to the fifth or sixth year, you'd say, we tried every year. The state and federal government did not approve the VA hospital. Now you have money set aside for that. The intent of this language is you would pick the categories you've already approved and apply it to one of those that you have a shortfall on. COMMISSIONER TAYLOR: Okay. For instance, Big Corkscrew Park, the money would need to be spent at Big Corkscrew Park. We couldn't take that money and spend it at the sports park, right? MR. CASALANGUIDA: That's right. MR. OCHS: Correct. COMMISSIONER McDANIEL: Of course. COMMISSIONER TAYLOR: Okay. I know it sounds strange, but I want to tie our hands as much as possible. I want as much oversight and control on this to give the taxpayers assurance that we will apply this money with integrity, and I think that's what I'm looking for. CHAIRMAN SOLIS: Commissioner McDaniel's light is on. Are March 27, 2018 Page 50 you -- COMMISSIONER TAYLOR: Yes, of course. CHAIRMAN SOLIS: I just had a question. The list is going to be an exhibit to this ordinance; is that -- MR. OCHS: Yes. CHAIRMAN SOLIS: It is, okay. So it will be attached; that's what we're approving. COMMISSIONER TAYLOR: Okay. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And I just want to make a brief comment. My position hasn't changed on this since last year when we started talking about this. It's been nothing but fortified even more with regard to how I feel about this. I appreciate the flexibility, but the lack of specificity just adds to my overall concern. And I want to say this to my friends. My friends who have come to the podiums today to speak in support of this, there is no argument out of me at all that there is a dire need for these necessary community wants that have not been attended. But I cannot support this referendum in its current language, in its current state, and I've said that quite regularly. And I just cannot come off of that. There's no argument that there's a need. I just -- I feel that there is another way that this can be accomplished. And so, therefore, I'm not going to support it. But I wanted my friends today -- because I -- you know, Mr. Rambosk, I don't know where he went. He was here. Kevin -- I consider a lot of you who came to speak today my friends, and I want you to hear from me and from my heart how -- and why I'm doing what I'm doing today. So that's that. CHAIRMAN SOLIS: Commissioner Saunders? COMMISSIONER SAUNDERS: Just real quickly. I'm, obviously, going to support the effort today to move this along. March 27, 2018 Page 51 There was a comment made, and I just want to clarify for the record that this list is attached to the ordinance, and I'm not sure where I see that. So if we could point out how the list is attached to the ordinance, or maybe we need to amend the ordinance, and we can do that right now, but I didn't see that. And I don't want to mislead or, you know, misinform the Commission on what's contained in it. MR. KLATZKOW: The whereas clause, second to the last one, whereas, a brief description of the projects to be funded, it sets forth -- no, I'm sorry. That's the ballot language. COMMISSIONER SAUNDERS: Yeah, that's in the ballot language. I don't think the ordinance says that. I don't have any problem amending that. MR. KLATZKOW: We'll reference it. You've got it in your backup. COMMISSIONER SAUNDERS: What you would do is add -- when we make the motion, it will include another whereas -- MR. KLATZKOW: Yes, sir. COMMISSIONER SAUNDERS: -- where this list is attached. And, again, just for the record, that does not -- you know, there's been some concern about flexibility. I do believe we need to have some flexibility. So attaching this list will be instructive, but it's not going to keep the committee and the Commission six or seven years from now making a change based on a change in circumstances. As you mentioned, the collapsing bridge, for example. So when the motion is made, it will include the whereas to add this list. CHAIRMAN SOLIS: That's it? Okay. Commissioner Taylor, before we get to you, I was just going to suggest, is there a way -- because I also am concerned. We need to have as much specificity as we can have. And I'm wondering if we couldn't amend that section to say that -- the flexibility, as I understood it, was going to be within the five categories that's in the March 27, 2018 Page 52 list. And so I'm wondering if we couldn't change that language to say that the revenue can be used for projects within these five categories and just make it clearer that, you know, the funds can't be used for absolutely anything that we want to use it for; that it's going to be limited to these categories in the list. Is that -- MR. OCHS: That was our intent, sir. CHAIRMAN SOLIS: Okay. MR. OCHS: At a staff level we've absolutely no objection to that. CHAIRMAN SOLIS: Right. COMMISSIONER TAYLOR: Well -- but future commissions might. So if we don't put something in here -- MR. OCHS: That's why I'm saying, if you want to specify that, there's obviously no objection from the staff on that. CHAIRMAN SOLIS: Yeah. I think we could clarify that language some both in terms of making sure that the exhibit -- that the list is an exhibit and that that provision we were looking at in the ordinance says that -- just reword it, I think, a little bit to provide that the funds must be used for projects within the five categories in the list, something to that effect. And I'm not trying to reinvent the wheel, but I -- MR. KLATZKOW: Yeah. The funding must be within the ballot language. It must fall within that ballot language. CHAIRMAN SOLIS: Right. And the ballot language covers the five -- MR. KLATZKOW: Yes. CHAIRMAN SOLIS: -- categories. MR. CASALANGUIDA: And, Commissioner, Item 3 says, fall within the projects and categories identified, and we'll reference in the list, you know, in the ordinance, so that way it's specific to that list. COMMISSIONER TAYLOR: Did you say five categories? I March 27, 2018 Page 53 have three. CHAIRMAN SOLIS: There's three categories? Okay. COMMISSIONER TAYLOR: I think so, right. CHAIRMAN SOLIS: One, two, three. Yes, I'm sorry. COMMISSIONER TAYLOR: This is specificity. No, no, no, no. That's not a criticism. I just want to make sure we're talking about the same thing. CHAIRMAN SOLIS: No, I am. Transportation, facilities and capital replacements, community priorities. AUDIENCE MEMBERS: Two cities. COMMISSIONER TAYLOR: Yeah. And then. CHAIRMAN SOLIS: And then the municipalities -- well, we're still waiting. That's a whole 'nother issue we'll talk about. COMMISSIONER SAUNDERS: Mr. Chairman, take a look at the ballot language and the list of what it can be spent on. I think that restricts it. COMMISSIONER McDANIEL: It's pretty clear. COMMISSIONER SAUNDERS: And that actually is a description of the three categories. But I think there's sufficient language in here already. I have no objection to putting something in the ordinance to specify the three categories, but I think that that's pretty well covered by the -- COMMISSIONER TAYLOR: You're right. COMMISSIONER SAUNDERS: -- the ballot language, and we are bound by that. CHAIRMAN SOLIS: Well, I'm just looking at Section 7.G again. Committee shall -- the Board may expend proceeds of the surtax on projects not specifically stated herein or in the county's backup materials to the Board so long as those projects comply with the intent of the ballot language and have a positive recommendation by the committee and shall fall within the project categories identified. March 27, 2018 Page 54 All right. Having read it again, I withdraw my suggestion. Okay. I apologize. I just want to be sure, because that's what we've been saying is that it will be very clear what it can be used on. MR. OCHS: Correct. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: And so, just point of clarification, we're going to add the list as an attachment and reference it here, but you've already indicated that there's constraints about how this money can be spent. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER TAYLOR: Okay. Now, I notice -- and maybe this is just procedure, but I noticed that the committee membership is two years or whenever it sunsets. You know, it's a seven-year tax. Should we just maybe make that membership a little bit longer and not have to -- I mean, if we're going to appoint folks to this committee, shouldn't they serve through the -- unless, of course, there's a hardship and they can't, but shouldn't they be entitled to a seven-year term? MR. KLATZKOW: You can make the term whatever you deem appropriate. I had to come up with a number sometimes, so I came up with -- COMMISSIONER TAYLOR: That's what I thought. MR. KLATZKOW: The discussions I had with Nick were that they'll do the bulk of their work in the first couple of years, and after that much less work will be needed. But certainly you can make four years, whatever you want. COMMISSIONER TAYLOR: It might frighten them, though, at the same time when you talk about a seven-year term. CHAIRMAN SOLIS: Seven-year. COMMISSIONER TAYLOR: Yeah, that might -- okay. MR. KLATZKOW: They may get an itch, yeah. March 27, 2018 Page 55 COMMISSIONER TAYLOR: Okay. I'm comfortable with that. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: It didn't say how to choose the committee at all. And it says five members, but are those five members all going to live in the county, are they all going to live in some of the cities? Oh, shall be a resident. CHAIRMAN SOLIS: Yeah. COMMISSIONER FIALA: Yeah, of Collier County, but they're all residents. I just was wondering, are we going to have one from each district, being the number is five? MR. KLATZKOW: You'll have one from each district and two at large. COMMISSIONER FIALA: Because sometimes these committees, as you well know, are -- they're comprised of sometimes people that, you know, are picked to do whatever, you know -- anyway, I hope we have a good cross-section so you get words from everybody. MR. KLATZKOW: I have a funny feeling you'll be getting quite a few applications for this committee. COMMISSIONER FIALA: Oh, I bet we're going to have tons of them. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: No. CHAIRMAN SOLIS: Oh, your light came on. Commissioner Taylor. COMMISSIONER TAYLOR: As far as the -- as the two cities are concerned -- MR. OCHS: Three. COMMISSIONER TAYLOR: -- three, Everglades City, they will get a percentage of this based on, what, population? MR. OCHS: Yes. March 27, 2018 Page 56 COMMISSIONER TAYLOR: Is it population? Okay. So my thought was -- and I don't know, but if we were -- I have a -- each of us has a city in our district. And so, perhaps, as we choose the person on the committee from our district, perhaps it should not include a resident of the City of Naples or resident of the City of Marco Island. I don't know. It just seems almost conflicting because they're going to have their own pot. COMMISSIONER McDANIEL: They already get a percentage of it anyway. CHAIRMAN SOLIS: They should probably have their own. COMMISSIONER McDANIEL: They should be doing their own. I would think they would want to do that if, in fact, this goes through and it passes and gets past the November ballot, yes. COMMISSIONER TAYLOR: Okay. COMMISSIONER FIALA: That's a good point. CHAIRMAN SOLIS: The County Attorney was shaking his head. MR. KLATZKOW: You may have your most qualified applicant who happens to live in the city. You could always make the decision, when you're voting on the appointment, whom you wish. We can certainly limit -- put that limitation in the ordinance, but that just limits you, and I hate limiting the Board. COMMISSIONER TAYLOR: Okay. CHAIRMAN SOLIS: I think we have one very interested person, I would think, sitting in the audience that spoke today, so -- I hope anyway. I'm not trying to create work for you. COMMISSIONER McDANIEL: I think he's volunteering. Look at him. MR. EASTON: I want more than three minutes. COMMISSIONER SAUNDERS: You can chair that committee, and you can have as much time as you want. March 27, 2018 Page 57 Mr. Chairman? CHAIRMAN SOLIS: Yes, sir. COMMISSIONER SAUNDERS: It may be appropriate now to make a motion, and I'm more than willing to do so. I make a motion that we approve the ordinance with the changes that we've outlined which includes adding the project list as -- MR. KLATZKOW: We'll make the project list an exhibit and reference it in the ordinance. COMMISSIONER SAUNDERS: Reference is in the whereas. And I think that may be the only motion that's needed. COMMISSIONER TAYLOR: I'll second that. CHAIRMAN SOLIS: There's a motion and a second. Any further discussion? MR. OCHS: Mr. Chairman, that -- I'm assuming that includes the minor revision that was made to the ballot language to get within the 75-word limit. COMMISSIONER SAUNDERS: No, I wasn't going to include that, so that we won't have a ballot question there. No, we'll include that. MR. OCHS: Thank you, sir. CHAIRMAN SOLIS: Any further discussion? (No response.) CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Motion carries 4-1. COMMISSIONER SAUNDERS: And that includes the fund for March 27, 2018 Page 58 the -- MR. OCHS: Yes, sir. COMMISSIONER SAUNDERS: -- advertising or the informational. MR. OCHS: Thank you. Mr. Chairman, it's time for a court reporter break, and then we have our time-certain hearing on your CAFR. CHAIRMAN SOLIS: We'll be back at 11:50 (sic) -- 10:50. I'm sorry. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN SOLIS: Thank you, Mr. Manager. We're on to our time-certain. Item #13A PRESENTATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2017 AND AUTHORIZATION TO FILE THE RELATED STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT WITH THE DEPARTMENT OF FINANCIAL SERVICES – MOTION TO ACCEPT THE REPORT AS WRITTEN - APPROVED MR. OCHS: Yes, sir. This is Item 13A on today's agenda. It's a presentation of the Comprehensive Annual Report for the fiscal year ended September 30, 2017, and authorization to file the related State of Florida Annual Local Government Financial Report with the Department of Financial Services, and Derek Johnssen from your Clerk's Office will make the presentation. MR. JOHNSSEN: Thank you, County Manager. March 27, 2018 Page 59 Good morning, Commissioners. For the record, Derek Johnssen, Assistant Finance Director for the Clerk of Courts. Item 13A is a presentation of the Comprehensive Annual Financial Report for Fiscal Year 2017. Appropriation of this report is a year-round process for the Finance Department and includes the input of many people, departments, and agencies. To this end, we would particularly like to thank the County Manager's Office, the County Attorney's Office, and the Budget Office for their support throughout that year. The information that they provide is instrumental in the preparation of this document. In addition, we would like to show our appreciation for each of the constitutional officers for their efforts in preparing financial statements. The Sheriff, the Supervisor of Elections, the Property Appraiser, Tax Collector, and the Clerk of Courts all have individually audited reports included under separate tabs. Those audits, as well as the consolidated audit of Collier County, are performed by the CPA firm of Clifton, Larson, Allen. We are happy to report that last year's report received the Government Finance Office's award for excellence in financial reporting. The 2016 award is included in the document before you today. Finally, a personal word of thanks to our finance staff who work many hours to complete the annual report. Thank you. With that, an additional thanks to Clifton, Larson, Allen. I'm going to turn it to over to Mr. Redovan, the county's engagement principal who has a brief -- I made that promise last year -- a brief presentation regarding the results of the FY 2017 audit. Thank you. MR. REDOVAN: Thank you, Mr. Johnssen. Good morning, Mr. Chairman, Commissioners. My name's Marty Redovan. I'm with Clifton, Larson, Allen. Clifton, Larson, Allen was engaged to audit the Comprehensive Annual Finance Report March 27, 2018 Page 60 as prepared by the clerk finance office. So that thick document is prepared by them, not us. We just render kind of a report card on those -- the final statements embedded, including all of the constitutional officers, as Mr. Johnssen mentioned. And if I can remember how to work this thing. So I'm going to go fairly quickly, as I'm sure you would appreciate. This is kind of what we are going to talk about. I won't deep dive into that. These are the various reports that we have to render on your financial statements. And, again, I'm just going to flip through this fairly quickly, because I'll get to the report card and save a little time here. But it gives you an idea of the number of reports we have to issue on the financial statements of the county. So quite a few of them. And these are under federal rules, state rules, and Auditor General rules, if you will. So let's kind of really get to the overall results of the audit. So on the overall opinion on the financial statements themselves, we've rendered an unmodified opinion which is basically a clean opinion on the county's financial statements; highest level of assurance that we could render on your financial statements. We are required to report to you on internal control related matters and on compliance. And, again, in that report, we are reporting that there were no material weaknesses noted in the internal control over financial reporting. Again, a good report there. The single audit report, federal programs and state projects. This is a federal and state requirement to audit certain grants received and spent by the county. There's, you know, kind of two reports embedded in one both for the federal and state. Once again, though, we have an unmodified opinion on compliance meaning we found no issues of noncompliance with the grants that we tested and no material weaknesses reported in the internal control over, you know, those compliance requirements. March 27, 2018 Page 61 And the prior-year findings, there were two, those were corrected during this fiscal year. So no findings this year. Last year's findings were corrected, which is, again, good news on an overall basis. The management letter, again, required by the rules of the Auditor General, there were no suggestions for improvement noted in the management letter and then, finally, we have an independent accountant's report. That specifically deals with certain things under Florida Statutes. What are applicable to the county are, did you comply with the investment statute, 218-415, and the statutes related to the expenditure of E911 funds. And we rendered an unmodified or a clean opinion on the compliance with those particular statutes. And we had one finding last year related to E911. That was, again, corrected in the current year. So, really, a very good year from that perspective, and I'll kind of talk a little bit more about that in a moment just because of the, you know, timing of everything. Under auditing standards I have to report to you on governance certain matters. One of the first things is reminding you that there's estimates embedded in your financial statements. They're not all hard numbers. These are the significant estimates that are in your financial statements: Self-insurance liabilities, pension liabilities, post-employment benefit liabilities, allowances, depreciation in the landfill closure. So those have actuaries involvement, they have engineers involved in certain instances to help us, you know, evaluate those estimates and, obviously, help the county's team as they're, you know, doing the financial reporting and using those estimates as well. Two other items I'm required to report to you, whether or not we had difficulties during the audit or disagreements. We did not in either case. And here's where I want to kind of do a little bit of an aside. I March 27, 2018 Page 62 have to tell you that this audit this year, given the circumstances with Irma, with everything being backed up, right, kind of thinking that we were going to get a later start than normal, your teams, the Clerk's Office, the Grant Departments, the County Manager's Office, everybody worked really hard to keep this on track. And, again, forget the fact there were no disagreements or difficulties; there was a lot of effort spent by all these folks getting ready to go. And with the results, it's kind of amazing. So that's where I think a lot of credit that should be mentioned here. We just come in and kind of do the afterthought. We're the guys after the fact kind of looking at it all. They did a great job throughout the year. So I just wanted to make sure you're aware of all that. We had one item of change this year that I believe I spoke to each of you about early on in the process. There was a change in standards under, you know, government accounting standards for the recognition of the liability for other post-employment benefits. So they went from one method of measurement in reporting to a new one that all governments have to comply with. So what the impact was on your financial statements was an increase in liabilities for the post-employment benefit change of $23 million. That's an additional amount compared to what's been reported in the past. And, again, this has just got to do with the way it's measured, because they did change the way it's measured and, secondarily, what gets reported on your financials. It used to be more on a current basis. No, now it's the real -- you know, what the real estimated liability is. You have also have to understand that that's, you know, the Sheriff, and, you know, the Board, because there are different plans out there for post-employment benefits. So it's a combination of the two. But that's kind of the biggest changes in these financial statements and, obviously, going forward, you know, that will just be measured in the March 27, 2018 Page 63 same way it's now being measured and, you know, that will be done again by the actuaries and, you know, reported accordingly. So, realistically, that's really maybe the biggest change in the financial statements this year. And with that, again, you know, the appreciation of working with all your folks trying to get this job done and on time, which was always a challenge. So with that, I'll stop -- and if there's any questions. CHAIRMAN SOLIS: Any questions? COMMISSIONER TAYLOR: No. COMMISSIONER FIALA: I move to accept the report as written. COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: There's a motion and a second. Any more discussion? (No response.) CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Thank you. MR. REDOVAN: Thank you. MR. OCHS: Commissioners -- THE CLERK: Commissioner, I'm sorry. Could I just make one comment. I also wanted to thank Clifton, Larson, Allen. Obviously, with Hurricane Irma and the impact on Collier, his team was working on this. We held them to a very strong deadline, and that was not easy for March 27, 2018 Page 64 them in light of the volumes of work that we had occur prior to 9/30. So the auditors did a great job, and we appreciate them, too. MR. OCHS: Mr. Chairman, I'd like to echo that as well. It's a pleasure working with CLA and under the leadership of the Clerk's Office every year to put this together. We're very pleased, frankly, with the results, obviously, of this audit. It's a great deal of effort on everyone's part. In fact, I'm going to ask you to indulge me for just one moment while a recognize a few of the folks from my agency that worked day in and day out to make sure that your financial controls, your internal operational controls, all of your grant compliance work is done to the level that's expected, and it shows in this audit. So real quickly I do want to thank a few people in particular for their work on this. Mark Isackson, of course, and his team led by Therese Stanley, our Grants Compliance Manager at the corporate level that oversees all of grants compliance. Her staff of Erica Robinson and Edmond Kushi. Also, our Community and Human Services team led by Kim Grant and her grants compliance unit. In particular, Cynthia Kemner and Maggie Lopez. Over in our Growth Management Department, we have great numbers of federal and state grants that require a great deal of management and oversight. Alison Kearns and her team members in our financial operational unit. Rookmin Nauth and Tara Castillo there. Also, Jay Ahmad and his team over in Transportation Engineering Construction Accounting management, including Chad Sweet and Mark McCleary. And, finally, our corporate compliance and internal review team. This is a unit that we stood up a few years ago to give particular emphasis on improving our internal controls, and I think that this audit is evidence of the progress that's being made there. Mike Nieman March 27, 2018 Page 65 leads that team. He's assisted by his manager, Larry Tracz, and the staff of Mike Stark, Sahar Dajani-Jones, Rose Burke, Darren Hutton, Nancy Zikmanis, and Roger Stack. And I appreciate your indulgence, Commissioners. But those folks never get mentioned, but they're the ones day in and day out making sure that you get these kind of annual audit reports. So congratulations to all of them. (Applause.) CHAIRMAN SOLIS: It's amazing that in spite of the hurricane, we even got this done on time. Kudos all the way around. MR. OCHS: No findings. Okay. We're back on track here, Commissioners. Item #10A STAFF TO EXPLORE AND DEVELOP AN INNOVATION ZONE TO PROMOTE TARGETED INDUSTRIES WITHIN INTERCHANGE ACTIVITY CENTER NINE (I-75 AND COLLIER BOULEVARD) AND TO EVALUATE THE CURRENT MIX OF ALLOWED LAND USES, THE EXISTING INTERCHANGE MASTER PLAN ADOPTED FOR THE INTERCHANGE ACTIVITY CENTER (IAC) AND THE FEASIBILITY OF ADJUSTING THE BOUNDARIES OF THE IAC AND DEVELOPING A FLEXIBLE ZONING OVERLAY TO FACILITATE ECONOMIC DEVELOPMENT AND ENCOURAGE TARGETED INDUSTRY GROWTH – APPROVED MR. OCHS: We're moving to Item 10A under Board of County Commissioners. This is a recommendation to direct the staff to explore and develop an innovation zone to promote targeted industries within Interchange Activity Center 9, which is the I-75/Collier March 27, 2018 Page 66 Boulevard activity center, and evaluate the current mix of allowed land uses, existing interchange plan adopted for the IAC, and a feasibility of adjusting the boundaries and developing a more flexible zoning overlay to facilitate further economic development and growth of targeted industries. Commissioner Taylor brought this item forward. COMMISSIONER TAYLOR: Yeah. And thank you very much. It's pretty clear that commercial folks, corporations moving in, would love to have shovel-ready land, and we don't have a lot of it, but there's things that we can do, zones we can create that will be welcoming to specific industries and those target industries. We're developing that list right now, but it's basically high-paying corporate jobs. And we are -- we have an opportunity. Deputy County Manager Nick Casalanguida, who's very familiar with this, pointed out this area that would lend itself to an innovation zone and, basically, what will it means is that the tax base would be returned back into this area, and it would help offset costs of corporations that would like to locate here. It's that simple. We have this morning delivered a -- we have the Benderson support, but the other major landowner out there is the Rice family, and we have a letter this morning from Roger Rice supporting this. So I think it's a win-win for everyone. I think we need to start on it. We need to let folks know -- we need to let corporations know that we're open for business, and we want to do things to encourage them to be here. So that's it. COMMISSIONER SAUNDERS: If you'll make a motion to move it along, I'll second it. COMMISSIONER TAYLOR: I'll make a motion. COMMISSIONER McDANIEL: I was -- if she was done, I was going to make the motion for her, but that's all good. March 27, 2018 Page 67 CHAIRMAN SOLIS: We have lights on, though. COMMISSIONER McDANIEL: No, no. That was what I was going to do. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Yeah. I think we've always been trying to diversify our economy and so forth. But one of the things we've run into as we've been creating more and more and more jobs, nobody to fill the jobs. As you know, everyplace you go, everybody's got signs on their window, "help wanted," "help wanted." They've had a real problem this year trying to get employees. So it's great that we're diversifying them and even creating more jobs, but who's going to create the babies to fill those jobs? I just thought we ought to be concentrating a little bit on that. And these jobs don't sound like low-income housing, you know. These are jobs that pay, and it's hard to get people down here that are skilled workers that -- that will come down here. So that's -- we're going to have a challenge there, so we're probably going to have to branch off and start figuring out how we're going to get the employees here to fill the jobs that we're creating. COMMISSIONER TAYLOR: Well, at the risk of going into another subject, it's about housing, and it's having adequate housing so that folks that are graduating from college can live here because they can find an apartment. And so once we solve that problem, we have a housing plan that talks about the striations we need, and I think once we start implementing that, I think they'll -- I think it's a very, very important part of it. COMMISSIONER FIALA: Good-news item. Right now we're building about a thousand, and they're on the ground coming -- and some are even beginning to open. About a thousand rental units that are categorized just for these places. And so I'm thrilled to tell you that. March 27, 2018 Page 68 There's -- like, for instance, if I might add, there's 304 at the entrance to Lely Resort that they're -- they're up, and they still have a lot of things to add to them, but that will be up in the next couple months. And then we have 296 that are over -- David Torres has just built. Oh, my goodness, they are lovely places. They're all rental. They have another one that Vincentian is building, and that's a little over 200. I'm not quite sure how many over 200. And that's just to name a few. We've got more also coming out of the ground. I'm really pleased to tell you that. COMMISSIONER TAYLOR: Good. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Just as a point of clarification, Commissioner Taylor. And, basically, this is creating a TIF. It's not reinvesting the entire amount of the ad valorem taxation. It's the overage that comes after the innovation zone is established. COMMISSIONER TAYLOR: Right. MR. KLATZKOW: Correct. COMMISSIONER FIALA: By the way, that's all business. What do they call it when it's incentivized by business? Let the market do -- let the market -- COMMISSIONER McDANIEL: Stay up on the mike. COMMISSIONER FIALA: -- reach the need, or something like that? CHAIRMAN SOLIS: Market driven. COMMISSIONER FIALA: Market driven, yeah. CHAIRMAN SOLIS: It will be market driven. Any other discussion? (No response.) CHAIRMAN SOLIS: Is there a motion? March 27, 2018 Page 69 COMMISSIONER McDANIEL: I think Commissioner Taylor made, and then Commissioner Saunders and I both seconded it. CHAIRMAN SOLIS: Then there's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's unanimous. COMMISSIONER TAYLOR: Thank you very much. CHAIRMAN SOLIS: Thanks for bringing that forward. Item #11A THE PINE RIDGE ROAD CONGESTION CORRIDOR STUDY AND DIRECT STAFF TO PURSUE THE PARTIAL- CONTINUOUS FLOW INTERSECTION AT PINE RIDGE ROAD AND LIVINGSTON ROAD THE RESTRICTED CROSSING U- TURN INTERSECTION AT PINE RIDGE ROAD AND WHIPPOORWILL LANE AND THE DIVERGING DIAMOND INTERCHANGE AT THE PINE RIDGE ROAD/I-75 INTERCHANGE - MOTION TO ACCEPT REPORT, STAFF RECOMMENDATIONS AND MOVE FORWARD TO FDOT FOR REVIEW – APPROVED MR. OCHS: Commissioners, Item 11A is a recommendation to accept the Pine Ridge Road congestion corridor study and direct staff to pursue a number of options related to that study. March 27, 2018 Page 70 Mr. Cohen, your Growth Management department head, will begin the presentation. MR. COHEN: Thank you, Manager and Commissioners. As you know, there's high traffic volumes on Pine Ridge Road, particularly from Livingston to I-75. In 2015, the AUIR indicated that that segment was failing and that you went forward in 2016 with Stantec to do a study. And today we have Jeff Perry from Stantec who will take you through the analysis that they did, with large public participation, taking a look at those areas. We get questions all the time about how our assets management works, and I think this is an opportunity to give you a couple of schemes that they've worked on as to how they can solve that transportation issue going forward. So with that, Jeff Perry from Stantec. MR. PERRY: Thank you, Mr. Cohen. Good morning. Mr. Chairman, Board Members, it's a pleasure to be here. My name is Jeff Perry. I'm Transportation Planner with Stantec here in Naples. We're going to go through a very brief presentation for you -- if I don't break something -- to give you an overview of the study being as Mr. Cohen said, today, about 55,000 cars a day travel the section of Pine Ridge Road between I-75 and Livingston Road, and in 2015, as part of the 2016 AUIR, it was found to be deficient. It should come as no surprise it was also deficient in the 2017 AUIR. The study area is Pine Ridge Road between Livingston Road, east of I-75 to Napa Boulevard. We also, as part of the study, examined a potential interconnection, how a potential interconnection of Whippoorwill and Marbella Lakes Drive would impact the Pine Ridge Road corridor. Our recommendations are not related to that interconnection, but it has been on the county's radar for a long time, and we wanted to March 27, 2018 Page 71 make sure that if in the event in the future something was done there, that it would not impact any of the concepts or improvements that we were proposing along the Pine Ridge Road corridor. So we looked at all of our conceptual improvements with and without that interconnection to see what affects it would have. We had a very aggressive public engagement process. We had public agency meetings. You may recall as part of the MPO we came to you early in the process, showed you some videos of some of the concepts that we had come up with, we had a public workshop in June of 2016, and the attendees, although it was well attended, we got a lot of comments. A lot of attendees felt like there was something that we needed to have more detailed opportunity to talk with us to sort of meet in smaller groups. Following up with that, we had nine individual stakeholder meetings between November of last year and February of this year, eight of them with homeowners associations in that particular area. We had one business stakeholder's meeting that was late in the process as well. We had about 468 attendees collectively in those and received comment forms from a number of individuals. We had a project website, had 1,017 visits; we had videos and animations, some of which you've seen, that are on the website as well; telephone and email communications, and direct mail and direct email blasts were also taken care of. The study itself was to develop a 20-year 2040 forecast. We analyzed do nothing alternative, which is typically the first thing we do. What if we don't do anything to solve the problem. How bad is it going to be? We also developed conventional -- what we call conventional improvements, which I'll go into in just a moment, and we also involved -- identified some innovative solutions. The future growth we expect by the year 2040 to be at 37 percent March 27, 2018 Page 72 increase in traffic. So it's not going to get any better; it's going to get a lot worse before 2040. We typically, as traffic engineers and planners, we look at the peak periods. Typically, it's the p.m. peak, afternoon peak, rush hour, and also in the peak direction, and we see 25 percent increase expected in that. If we do nothing, again, it should come as no surprise, it's going to get worse. We're going to have failing conditions, miserably failing conditions with volume-to-capacity ratios. It means the volume of traffic exceeds the capacity, in some instances, or 100 percent of the capacity is consumed. We have Level of Service F conditions. So we have to do something. The conventional improvements, widening from six to eight lanes, acquiring the additional right-of-way because the current footprint consumes all of the existing right-of-way. Acquiring right-of-way would likely involve business damages; relocations, and business damages. We would also have to reconstruct the overpass to get the additional lanes underneath I-75 to the other side. Pine Ridge Road at Whippoorwill Lane, we would be looking at, in addition to the through lanes, adding additional turn lanes at that intersection. Napa Boulevard would probably require no major improvements other than the widening of the additional through lanes and some signal timing. As I mentioned, we also looked at the interconnection, how the interconnection of Marbella and Whippoorwill would affect our improvements, and a new traffic signal at Livingston Road and Marbella Lakes Drive if that connection were made. And we get very good results. We were able to resolve all of our deficiencies by 2040 with this set of improvements, but we felt like that there was a better way of doing it simply because adding the additional lanes in that corridor is a very impractical solution. March 27, 2018 Page 73 So the alternative to conventional solutions are what we call innovative intersection improvements. And an innovative intersection improvement recovers some of the green time that's stolen by certain movements at an intersection. Our problem is not the through -- the distances between the intersections. The problem we face with congestion is at the intersections. To give you an example, at a two-minute cycle, when you're sitting at a traffic light for two minutes, if we had nothing but east/west and northbound -- north/south movements, each of those movements would be given half of the cycle of signal; sixty second for each one given the four seconds of yellow and red. However, we have to allow for the left turns, and the left turns steal 30 percent of the through-movement capacity. So now all of a sudden, instead of a two-phase signal, everybody getting 60 seconds of time, we now have four phases where the through movements, the amount of time given to the through movement, has been reduced by 30 percent. So instead of 60 seconds, they have literally only 40 seconds. So what we've done is we've come -- we've developed a few scenarios, a few concepts that would allow for recovery of that lost green time. One is called a partial continuous flow intersection which is, in fact, the one we're recommending to you. We also looked at the jug handle intersection, a single-point urban interchange, which is another fancy name for an overpass like Airport Road and Golden Gate Parkway. At Pine Ridge Road and Whippoorwill we're looking at what we call a super-street or an R cut, a restricted crossing U-turn, and I'll show you what that looks like. At Pine Ridge Road and I-75 we're looking at a diverging diamond concept as opposed to a cloverleaf concept which would require massive amounts of right-of-way. The March 27, 2018 Page 74 diverging diamond interchange is an innovative solution which, in fact, is now operational at University Parkway in Sarasota. It's just been open, to a great deal of success. And with these solutions we get a better result. We get better throughput through the intersections with these alternatives as opposed to just simply widening the additional travel lanes, adding additional through lanes, and adding additional turn lanes. Adding additional turn lanes simple just allows more cars to go through. Under the certain phase, you still have the lost green time that you're struggling with. The recommendations, the partial continuous flow intersection is what we've recommended to you. We've also recommended the restricted crossing U-turn and the diverging diamond. You should understand that those two are intimately linked together, they're right next to each other, and they are substantially within the -- I-75 is, obviously, within the limited access right-of-way, and part of the Whippoorwill intersection improvement would be within the FDOT's limited access right-of-way. So our recommendation is that that concept be with the diverging diamond, it be pushed uphill, so to speak, to FDOT and have them consider that as part of their next phase of work as a potential solution for that. The Pine Ridge Road at Livingston Road, obviously, is a county improvement and would be subject to your approval. Criteria we used, we looked at reducing the amount of delay and the volume-to-capacity ratios, the cost not only of construction but having to acquire additional right-of-way and pay business damages. We also looked at potential negative impacts such as driver confusion, noise, business access, or loss of business access, and we also considered public opinion. There was no shortage of public opinion during our process. We March 27, 2018 Page 75 asked very specific questions of the public. They were allowed to vote at our workshops, at our meetings. They had little devices that allowed them to vote on the questions and information, and the results were immediately displayed for their review. All of that information is included in your backup material in the report. This is what the intersection at Pine Ridge Road and Livingston Road looks like today. Livingston Road is running sideways across this way. This is Livingston Road. This location in the upper right-hand corner is where the new Honda dealership is being constructed. I-75 would be down at the bottom end of the exhibit. This is what's called a continuous flow intersection, or a CFI, and it operates essentially by eliminating the left turns from the -- of Livingston Road. North and southbound left turns are eliminated from the main intersection. They occur in advance of the intersection. If you're traveling northbound on Livingston Road and you want to turn left onto Pine Ridge, instead of turning left at this point here, you would actually turn left here, and you would get into the lanes here and you would make the left turn. Now, why would you do that? Well, those left turns, northbound lefts and southbound lefts will now occur at the same time as the through movements occur. So when the north and southbound movements are passing here, these lefts and these lefts occur simultaneously. So we've eliminated that left turn phase from the traffic signal. The left turn here occurs at the same time as these east/west movements are occurring, so there's no loss of time for these left turns at all. We've also added a U-turn here, because we learned at our public workshop that there was a problem for people leaving this shopping center trying to get back south on Livingston Road. So we were able to incorporate a U-turn here that would allow people to come out of the shopping center -- it's just off the screen here -- and then make the March 27, 2018 Page 76 U-turn at that signal. These are protected left turn signals. The Pine Ridge movements do not change at all. So if you're traveling on Pine Ridge and you want to turn north or south on Livingston Road, you simply get into those same lanes you do today. The ideal situation would have been to do the same thing on the Pine Ridge Road approaches, but we don't have the right-of-way to do it. So we're able to recover some of that green time that's been lost to the left turn movements by incorporating just what we call the partial continuous flow at that intersection. This particular improvement makes better use of the existing infrastructure, we get a better level of service, a reduced delay, it reduces travel time, there are fewer conflict points, it improves the safety for pedestrians and motorists. It's actually less distance that pedestrians must cross at a single time in order to get from Point A to Point B. There are more median refuge areas provided. The cost is about $6.6 million. It minimizes the need for additional right-of-way and business damages. This particular cost estimate and all the cost estimates we're talking about today are basic what we call brick and mortar costs, unit costs from FDOT. It does not include the cost of engineering and right-of-way and CEI and those types of things. But to be comparable in terms of what -- the cost of one improvement to the other, we used the FDOT unit costs. At Pine Ridge Road and Whippoorwill Lane, we're talking about what's called a restricted crossing U-turn. This is the existing alignments. Pine Ridge Road is going from right to left. Whippoorwill is to the south. There's a gas station and the new bank on the north side of Pine Ridge Road there. Right now this is a four-phase signal, just like most intersections where there are protected left turns. What we're proposing is a restricted crossing that prohibits -- in this particular design prohibits left turns at the intersection, and it prohibits through movements at the March 27, 2018 Page 77 intersection for Whippoorwill north and south of Pine Ridge. The Pine Ridge intersection movements are exactly the same. If you want to come from Pine Ridge into Whippoorwill, you make a left turn or a right turn; the same way the north side. If you want to go left, if you're traveling on Whippoorwill approaching Pine Ridge and you want to turn left, you will be forced to turn right and go down about 600 feet, plus or minus, and make a U-turn at a protected signal. Those what are called loons at the far end at the right and left, allow for people to make those you U-turns. It accommodates trucks, buses, and the like. COMMISSIONER TAYLOR: So, obviously, when you took people's pulse, you didn't consider it? Because this is the one -- this is the one that has got so many people, including the bank area and the Kraft Road area, very, very upset. MR. PERRY: Yes. We understand that there's a lot of concern or a lot of -- concern about this particular improvement. People, for whatever reason, are inconvenienced, feel inconvenienced by having to make a right turn and a U-turn, something that they probably do every day in most locations. When you're traveling on these highways, not everybody has a median opening to go. But the people that live and work along this particular corridor, Whippoorwill, generally oppose this particular alignment. Now, our feeling is that this type of -- this type of improvement recovers -- it literally doubles the throughput of Pine Ridge Road which was the purpose of our exercise was to try to find a solution that would improve the capacity of Pine Ridge Road. Keeping in mind that we're talking about something that's got to go from Pine Ridge -- from I-75 all the way to and through Livingston Road. So if we don't do something here -- we have a solution for I-75 and we have a solution for Livingston. If we don't do something here, we're going to have a bottleneck. So we literally have not solved the March 27, 2018 Page 78 problem if we don't do something here. There may be other solutions here. We've talked about reversing this so that you have a left out and don't have the -- you know, there could be some other solutions. As I mentioned before, this is an FDOT -- this will -- we believe this is FDOT's project to deal with because it is integrated with the I-75 interchange. The right turn movements are -- the U-turning movements on the east are, in fact, within the limited access right-of-way. This is the same solution that FDOT is deploying -- designing right now at Colonial in Fort Myers to handle the forum traffic and as well as the DDI, which we're going to be talking about in just a moment. These are -- there's no question that this will inconvenience motorists. They may not realize it; they may have less time to wait to do this because it's going to operate more efficiently, but -- and there is more travel. Obviously, they have to travel an extra 600 feet in one direction, make a turn, 600 feet in the other direction to get back to where they wanted to be, but we do believe it solves the problem. COMMISSIONER SAUNDERS: Mr. Perry, in terms of the potential time it takes, right now you can have -- I guess you have some sort of an estimate of how long it takes if you're on Whippoorwill and you want to turn left heading west on Pine Ridge. It takes a certain amount of time. Are you able to do some sort of a comparison as to what it might take if you make that right turn, go 600 feet, and make a U-turn? Obviously, there's a sense that there's an inconvenience making the right turn. MR. PERRY: Yes. COMMISSIONER SAUNDERS: And you just pointed out that it may actually be faster for them, which it's hard to get your arms around that. Is there any kind of an analysis that would show how long it takes typically to make that left turn off Whippoorwill and Pine March 27, 2018 Page 79 Ridge Road compared to what would take you to make a right turn and then a U-turn? MR. PERRY: Yes. And I can't -- I can't give you that number right at the moment but, yes, we do have it. It's in the analysis, what's called the delay, the amount of delay that's experienced in the existing condition versus the delay that would be experienced in -- COMMISSIONER SAUNDERS: I'd like to see that because I think that that might be some helpful information. MR. PERRY: Okay. CHAIRMAN SOLIS: It is less, though -- MR. PERRY: Yes. CHAIRMAN SOLIS: -- to make the U-turn? MR. PERRY: Yes. Generally speaking, depending on the time of day, obviously, that -- the a.m. peak is different from the p.m. peak, and we've been told and we understand from our data collection that the vast majority of the movements out of Whippoorwill onto Pine Ridge are left turns. And there is -- one solution to that would be not to -- although it's not as efficient as this, would be to reverse this so that we have left turn; we'd prohibit the right turning movement. So that's a potential solution or at least a compromise, I would say. It doesn't give us the same amount of throughput on Pine Ridge Road because Pine Ridge Road would have a longer cycle, you would have longer phase or stop phase to allow those movements to take place, but it would be something that could be looked at by the department. CHAIRMAN SOLIS: Just -- and I know this is probably out of the blue, but do you have any idea of what the number of accidents at that intersection was in the last year? MR. PERRY: I couldn't tell you. When we -- we met with the fire chief and one of his deputies, and they indicated that it was one of the worst accident prone areas that they have, that it's perhaps not the most in number, but there are -- and people have told us the same March 27, 2018 Page 80 thing, that -- when we talked with them about it, that -- yeah, there are -- the accident data is available. I don't have that specifically. CHAIRMAN SOLIS: I know it's very high. MR. PERRY: Yes. We're basically getting the same benefits that I talked about in the other in terms of the amount of additional throughput for the intersection, reducing delay. This particular improvement would cost about 4.8 million. There are additional signal improvements that would have to be made. Obviously, some reconstruction of the facilities. The last improvement we're recommending that you forward to Florida DOT is what's called a diverging diamond interchange. What's out there now is what's called a tight diamond. They have traffic signals on both sides of the overpass. Those signals operate much like any other signal, multiphase, allowing all of the left turns and so forth to occur at those traffic signals. What we're proposing is what's called a diverging diamond interchange. As you approach the intersection, at the first signal you'll be directed -- the traffic lanes will move to the other side, to the left side of the median, travel underneath the bridges, and then at the second signal we'll transition back over to the right side of the median. And you would ask, why would you do that? Well, number one, that signal no longer handles anything other than the through movements. So we've eliminated those excess phases that steal green time from the through movements. The other thing it does is that it puts the off ramp and on ramp movements on the same side as the through lanes. And those on ramp and off ramp, specifically the off ramps, are signal controlled to make sure they're not merging at the wrong point in time. But there are no left turn crossing through movements at this type of intersection. So there's a significant throughput, significant amount of capacity added to the interchange by eliminating the phasing of the March 27, 2018 Page 81 signals and allowing those turns to occur on the same side of the road so that they're not having to -- you don't have to stop the through movements in order for people to get on or off the interstate. And this, as I mentioned, is fully operational and very successful at University Parkway in Sarasota, which was a terrible interchange until they fixed it. Having been through it a number of times, it was one that was avoided by many people. Basically, the significant advantage to this is that we don't need additional right-of-way. Everything happens within the existing footprint. The bridges do not need to be widened because we're not adding lanes underneath the bridges. We're simply changing the direction of which way they're going underneath there. We can handle pedestrians through this particular design, and it's a very efficient operation. So our recommendations to you are to, number one, accept the study, number two is to pursue -- give your staff direction to pursue the partial continuous flow intersection at Pine Ridge and Livingston Road, and the third is to continue discussions with FDOT regarding the intersection improvements at Whippoorwill Lane and I-75 to include, at the very least, discussions about the R cut and the DDI. And if you have any other questions, I'll be happy to try to answer them for you. COMMISSIONER FIALA: No questions from me, except I wanted to tell you that it was so innovative, and it was fun just listening to what you've thought of doing; things that I guess people like me would have never thought of doing. It was just great seeing all the ideas that you came up with. MR. PERRY: Thank you. CHAIRMAN SOLIS: That's it? Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And this is something March 27, 2018 Page 82 that I mentioned to Nick and Leo yesterday when we were meeting, and I know Trinity's standing right behind Mr. Perry right now probably to get ready for this. But one of the innovative thoughts I haven't heard mentioned in quite some time is the connection or connect-ability at Vanderbilt and I-75. I haven't seen any kind of a cost comparison. All I've had, whenever I've mentioned this in the past, is people tell me that U.S. Department of Transportation doesn't afford us that opportunity until we have necessarily exhausted all other alternatives. And I would like to know what the cost-benefit analysis is of that. Not necessarily today. I mean, this isn't the first time we've seen these suggestions. This all came to us last year in the MPO, but I just want to say it out loud. MS. SCOTT: If I may, Trinity Scott, Transportation Planning manager for the record. I actually had a picture that I pulled from the Property Appraiser this morning of that interchange area, because looking at it from an aerial perspective, it will be very expensive to build an interchange in that area. Wilshire Lakes as well as one of the Walks, Village Walk, I believe, is very close to that interchange with homes. It would be my -- as well as the park property, which we already have a shortage of soccer fields in the county -- would be very significantly impacted. And, actually, that interchange was discussed during the original I-75 master plan, and it was pulled out because, as most of us up on the dais and the audience know, FDOT and the U.S. DOT, Federal Highway Administration, does not advocate for interchanges that support only local traffic or majority of local traffic. And that is why that interchange was actually pulled from consideration back in the 1990's was because, based on the modeling efforts at that time, it would have served majority only local trips. Now, with that being said, the Florida Department of March 27, 2018 Page 83 Transportation has programmed a new PD&E for I-75 to look at interim as well as ultimate improvements along the interstate, and we have passed that on to FDOT for their consideration during their upcoming study. I think they have it programmed in the next five years based on their work program. And if I may, we actually do have accident data. Lorraine always has great stuff behind me here. We pulled traffic accidents from 2005 to 2017, and during that time frame it was 27th in the county. It had 466 accidents -- this is Pine Ridge at Whippoorwill -- 54 serious injuries, and two fatalities. And, in fact, during some of our public information meetings, we had heard horror stories from some of the folks who live on Whippoorwill who had been stuck for many hours not being able to get out because the roadway was closed based on a major item. But one other item that Jeff did not touch on with regard to the R cut -- I'm going to go back a few slides if I can find it -- is that we do have another interconnection that we are working on that is nearly complete, which is behind the Naples Nissan. It goes through the Kraft dealership, through the new assisted living, behind the first station, and into Marquesa Plaza. So the folks who live on Whippoorwill will have an alternative route other than the intersection. They'll be able to get over to Livingston and ultimately be able to go north or south on Livingston based on the continuous-flow intersection. Thank Mr. Casalanguida for fighting the fight through the years when he sat in my job of getting that right-of-way set aside. So we are working on the final pieces to have that constructed. So that will give some other alternatives as well, as opposed to just going out right and making the U-turn. COMMISSIONER TAYLOR: That would be very helpful. CHAIRMAN SOLIS: Just so I understand, that goes from Whippoorwill west? March 27, 2018 Page 84 MS. SCOTT: Yes, to Livingston. CHAIRMAN SOLIS: Behind -- in between, say, the Avow Hospice facilities and the dealership? MR. CASALANGUIDA: The back of the dealership is a connecting road that goes up, in between the bank, and in between the bank it goes west to the new development. From there it connects to the side of Marquesa Plaza. And I'd be remiss not telling you that every time you approve a project, interconnection is important, and -- MS. SCOTT: We actually have it up on the visualizer now. So this is Naples Nissan. This is the Kraft buildings. This is the new assisted living. It's under construction right now. If you go out, it's under construction. This is the last piece that we're building, and it will connect into the back of Marquesa Plaza, and then, as Jeff had shown before, if you come down to the south end of Marquesa Plaza, you can come out -- you'll be able to make a U-turn to go south on Livingston or make the right out and go north, be able to make the left on Pine Ridge. So we do have some other alternatives. It wasn't just the right in -- the R cut. COMMISSIONER TAYLOR: Or punching through Whippoorwill to Marbella Lakes? MS. SCOTT: This particular study did not make a recommendation either yea or nay for that, but we did test all alternatives with and without, because we don't want to tie the Board's hands in the future or have something that, if you decide you want to do that interconnection, it blows everything up on Pine Ridge. So we did test it with and without; did not have any significant impact on anything that we tested, but this study does not make a recommendation one way or another. COMMISSIONER TAYLOR: This is wonderful. It makes sense. CHAIRMAN SOLIS: I had just a couple questions before we get March 27, 2018 Page 85 to the public speakers. Would -- these improvements in the area of corridor study, will that improve the congestion all the way down Pine Ridge Road? I mean, is it going to have any effect -- if the traffic's moving east/west, can we expect something towards 41? COMMISSIONER TAYLOR: No. CHAIRMAN SOLIS: No? No really? MR. CASALANGUIDA: No, sir. That's not -- no, sir. MS. SCOTT: I would say that that will be one of our future study areas -- CHAIRMAN SOLIS: Okay. MS. SCOTT: -- as well as, I'm going to go out on a limb here, probably Immokalee Road we're going to be looking at some similar treatments. On some of these larger corridors where -- in the urban area we only have four areas to be able to get to I-75, and those areas get congested every single night in the p.m. peak. And so looking at these corridors and trying to come up with these type solutions to be able to move the throughput -- and also, with your help on the MPO board, continuing pressure with FDOT to improve I-75, because right now we're experiencing delays from Bonita Beach Road south that are impacting our local roadways. So we need that corridor to work as well. CHAIRMAN SOLIS: And a last question, on the diverging -- no, on the Pine Ridge/Livingston improvement. That one. MS. SCOTT: I have to go back. Right there. CHAIRMAN SOLIS: That one. Did the additional cost of getting into the water management over there on the northwest corner -- I think that's the northwest corner. COMMISSIONER McDANIEL: This is actually the southwest corner. CHAIRMAN SOLIS: Southwest corner. COMMISSIONER McDANIEL: That's the one where they've March 27, 2018 Page 86 got Livingston going east and west. CHAIRMAN SOLIS: Right. Was that taken into consideration in this? Because it looks like it gets out into the water management. MR. PERRY: Yes. The cost -- the construction cost for -- this would not be a bridge. We did look at one alternative, the jug handle, which is actually a bridge through there, which raised the cost substantially. But, no, this particular amount would include fill and bulkheads and that type of thing. CHAIRMAN SOLIS: Okay. All right. Thank you. Any other questions for staff? MR. PERRY: I do have one followup to Commissioner Saunders. The existing delay that we measured is 90 seconds for right-turning vehicles, okay, and then what would be 65 -- 65 seconds in the future condition with the -- is that what was that -- CHAIRMAN SOLIS: Right-turning vehicles or left-turning? MR. PERRY: Is that what -- COMMISSIONER SAUNDERS: No, I was interested in the left-turning vehicles. MR. PERRY: Oh, the left turns. Okay. I'll have to go back and look it up. CHAIRMAN SOLIS: We have public speakers. MR. MILLER: Yes, sir. We five registered public speakers on this item. Your first speaker is Rob Novotny. He will be followed by Bill Confoy. MR. NOVOTNY: Good morning. My name is Rob Novotny, and I live there. I mean, I just saw my house as you put up that last thing. I've been there 11 years full time. I guess I don't understand the objective of spending the money to do anything, because, of course, I lived in New York City and commuted from Manhattan to New Jersey every day for 11 years. So March 27, 2018 Page 87 traffic that we experience is a joke. That being said, ironically I've been here all morning, so I was able to listen to your discussion about the 1 percent sales tax. I can save you 31 million by not doing anything there. For 11 years, I probably make five trips north and south out of Pine Ridge and Livingston right there, Brynwood Preserve, 81 houses. Yesterday for the first time at 5 o'clock I actually had to wait a second light on Pine Ridge and Livingston to go north. Now, I know that doesn't sound like much, but I just don't understand it. I didn't understand it last June when I went to the big meeting that we had at the YMCA to talk about this. I just didn't understand what anybody was concerned about. The other thing I wanted to ask a question about was is peak time -- and I do agree with peak time but, Andy, you made a comment about, are we going to have any help beyond -- as we get -- go west? I mean, the real hassle on Pine Ridge Road is going anywhere west of Airport Road. But the other part of it is we only have real backups in traffic three months out of the year. And if we're trying to take care of the snowbirds, then, I guess, that's part of your jobs. I just don't see the need for doing anything at that intersection. And as far as accidents go, as far as, I live there, and I listen to the noise every night. And I'm sure we have as many as were reported. But, frankly, I don't think that, again, is a real reason to spend $31 million. I'm a consultant, and I spend my entire career teaching people how to save money. So out of $490 million you were looking at, I definitely know where you could save 31 million, and the outcome of that is probably, if I read the statistics right, it's just going to mean that people are just going to have to sit there for 30 more seconds. And I also buy my gas at Whippoorwill, and it would be a pain in the butt to have to make the left and the right-hand turn. And I'm surprised -- the other thing I'm surprised at is I have an HOA of 81 March 27, 2018 Page 88 people that live right there, and I don't remember being asked to come to a meeting. So thank you. MR. MILLER: Your next speaker is Bill Confoy. He will be followed by Glenn Wiggins. MR. CONFOY: Good morning. Thank you for inviting me here to speak. We all remember the Airport Road, the flyover there many years ago and how successful that flyover has been. And many possibly objected to that when it was put in. It was expensive, but it's been a major boon to anybody that lives east of Livingston or on Livingston Road, which is where I live. I'm in Wyndemere. We were the first people to get an outside presentation of the traffic-flow pattern, including the one that's on the screen there. And the 640 people at Wyndemere were in favor of the flyover. We felt that this particular presentation here was more confusing than a simple flyover. Actually, the flyover we preferred was the one that was never presented, and that's the one that goes from east to west, because it is Livingston -- it is Pine Ridge Road that we're trying to solve the traffic problem on, and a flyover going in that direction, there's no stoppage of traffic. Now, the reason we were given that that was never done was because that it would be too much condemning or need of additional property. But the property we're talking about, at least I think so, is where there's a building that hasn't been completed for the Honda dealership. Certainly, that must have been taken into mind when we were looking at these things, and the one on the northwest -- northeast corner, that's a fairly new shopping center. And, certainly, we knew this was coming, and they must have taken into account the approval for that shopping center. So why isn't -- why aren't those properties available that we could March 27, 2018 Page 89 use to make this a final solution? My feeling is that if we put this in, that we'll be weeping and gnashing our teeth in about 10, 15 years and saying, gee, why didn't we spend the money to do it right in the first place so that we don't have to readdress this problem in the future. I won't be around to object, but I'm sure some of you will. So our opinion of the selection, at least the 640 people at Wyndemere, was that we prefer a flyover but, more importantly, we prefer a flyover in the east/west direction and would like to get some numbers as to why this wasn't even presented as an option. Thank you. MR. MILLER: Your next speaker is Glenn Wiggins. He'll be followed by Garrett Richter. MR. WIGGINS: Thank you. I'm Glenn Wiggins. I'm the pastor of the Seagate Baptist Church on Whippoorwill Lane, and we've been there over 30 years in that location. And I want to say first off, thank you for your service, and we pray for you on a regular basis at our church. COMMISSIONER McDANIEL: We need that. COMMISSIONER TAYLOR: We need your prayers. COMMISSIONER McDANIEL: I was just going to say we need that. MR. WIGGINS: We're praying, I want you to know, and we appreciate all that you're doing. But I'm representing our church, and I'm representing many of the businesses that are there. Rick Johnson Auto and Tire, Best Western, IHOP, Naples Nissan, Hospice, all these business are in agreement that we do not want our left-hand turn to be cut off at Whippoorwill Lane. Going back to what they suggested about the connection there behind the Naples Nissan, that's right in front of our church, and we already have a problem with turnarounds in our church because of the median that was put in. And when we tried to cut off Dudley Lane March 27, 2018 Page 90 back years ago, that, of course, the Commission voted to keep open, which we appreciated. But I think you ought to drive that lane back there and see how narrow it is. And cars will probably just whip through there, and many other accidents will happen as well. I know there's uprising with the Marbella Lakes, but that, obviously, could be a solution as well to help alleviate some traffic flow there. It's my understanding, also, that the majority of the homeowners association and residents and those who will find out about this will be opposed to the left-hand turn being taken off. If you look back at what they were proposing on Whippoorwill Lane, when you go to take a right-hand turn, they cut all the left-hand turns off. All those right-hand turns, a majority of those are going to try to race over to get to the left-hand lane. That's one stoplight. Then we go to the intersection, we come to the bubble, that's two stoplights, and then back through, that's three stoplights. So that's a real inconvenience of time, and I believe when you find out the study, you'll find out the left-hand turn is a lot faster now than it will be for the residents and businesses that are there as well. And so I'm asking for a common -- I just wanted to go on record today that we are against Whippoorwill Lane's left-hand turn being cut off. Again, we appreciate your service and all that you do. And we oppose that. Maybe we can have some longer signal times. The majority of the turns happen in the morning time, the majority going on to Pine Ridge Road, so maybe the signals could be lengthened a little bit, maybe there's some other options for opening I-75 at other areas, like maybe even out in the Golden Gate Estate area as well, and I'm sure that you've looked at that as well. And, again, there's a safety issue. I believe that there will be more March 27, 2018 Page 91 accidents when these kind of things happen. Again, I appreciate your service. And I know this isn't an easy solution, but I know that we'll find the right one together, and I appreciate that so very much. MR. MILLER: Your next speaker is Garrett Richter. He will be followed by Jeff Wright. COMMISSIONER McDANIEL: Garrett Richter's not here. MR. CASALANGUIDA: Mr. Richter had to leave. MR. MILLER: So your final speaker on this item will be Jeff Wright. COMMISSIONER TAYLOR: May I speak for Mr. Richter, because he did text me this morning, and he objects to the restriction of the left-hand turn. Thank you. I beg your pardon. MR. WRIGHT: Good Morning, Chairman, Commissioners. I'm Jeff Wright. I'm an attorney with the Henderson Franklin Law Firm, and I'm here on behalf of Livingston and Pine Ridge, LLC, the owner of Marquesa Plaza. We just want to express our support for the CFI option at that intersection, and I wanted to say thanks to staff. I know they put in a lot of work behind the scenes, and Lorraine Lance, in particular, answered every time I called and provided me every piece of information I needed along the way. So, with that, we request that you accept staff's recommendation. Thank you. MR. MILLER: And that is your final public speaker on this item. MR. PERRY: Mr. Chairman, if I can try to -- CHAIRMAN SOLIS: Yes, sir. MR. PERRY: -- answer the question right this time. The existing northbound left out of Whippoorwill, the delay is currently 90 seconds. That's per vehicle; in other words, the average delay. If in the no-build condition, if we don't do anything, by the year 2040 the delay will increase to 140 seconds of delay per vehicle, and March 27, 2018 Page 92 then the R cut solution is 56.3 seconds for the right-turn delay, because there is some delay that the right-turn vehicles will have to wait until the signal changes so that they can get out safely. So there is still some delay for those right-turning vehicles. The amount of additional green time throughput through that Pine Ridge intersection doesn't mean that you're going to have to stop at three signals. Once you've made that particular turn, the chances are very likely that unless you're at the tail end of the line, you're probably going to make it all the way down to the U-turn, through signal, and back up through the intersection at one time. So the amount of delay is probably going to be less for every vehicle exiting Whippoorwill than it would be if you don't do anything. The speaker mentioned talking about changing the timing on the signals. If we change the timing of the signals, there's going to be more delay coming out of Whippoorwill. We have to give more green time to the through movements that we're trying to accommodate. That's the only signal timing that would be effective. COMMISSIONER SAUNDERS: And, Mr. Chairman, just -- I travel that every morning going west on Pine Ridge from Santa Barbara or Logan through that intersection. If those intersections aren't fixed, once you make that left turn off of Whippoorwill in the morning, you've got a very substantial delay, you know, a couple hundred yards down the road at Livingston. So by fixing both intersections, that's going to make travel time a whole lot better. I know change is difficult, and I certainly can understand the reluctance to make a right turn and have to make a U-turn. It sounds like a lot, but that -- if we don't fix those intersections, that's a real nightmare there. So I like what staff has put together here. CHAIRMAN SOLIS: And I would just like to say that I also like what staff has put together here. I would point out, though, that if none of this is going to impact what's going on west on Pine Ridge Road, I March 27, 2018 Page 93 don't know that, in the grand scheme of things, we're kicking it down -- literally kicking it down the road. Because I agree with the first speaker; it's been my experience that, you know, some of the worst traffic and some of the delays is actually between Airport Road and 41. And I'm wondering where we are and if we have any plans for a corridor study on that piece of it to solve the whole problem. Are we -- and maybe I should know that already, but -- or maybe that's a better question for staff. I know this is out of the blue, but it occurred to me. MS. SCOTT: I utilize the AUIR, the Annual Update and Inventory Report, when I'm looking at projects that are slated to come to a time frame when, during the peak hour, peak direction, that the level of service is reaching F. And that particular section of Pine Ridge Road, Shirley Street to Airport, it's currently operating at a Level of Service D. So if I'm looking at prioritizing our planning studies, I think I'm probably going to wind up up at Immokalee Road next near the interchange. So what we found with this particular project is that by us starting the project, it kind of pushed FDOT in the right direction because we started doing some of the analysis for them. So our next one will probably be up at the Immokalee corridor near the interchange to try to help push FDOT in the right direction again, and then I suspect we're going to come back to Pine Ridge Road and start moving out from Livingston. So thinking about the p.m. peak hour direction is eastbound in this particular area. So by getting the end of the funnel fixed, we can start moving back, because if we would have fixed Airport to Pine Ridge first, we just would have moved them to this segment of roadway quicker, and they could have waited. So we're going to -- we'll probably wind up moving back forwards from here. March 27, 2018 Page 94 CHAIRMAN SOLIS: As long as we keep -- MS. SCOTT: We'll keep going. CHAIRMAN SOLIS: -- moving up the funnel, that's okay. MS. SCOTT: And I'll tell you, County Manager's Office thought we were insane when we started pulling these things out and really going through them, but they've been really open minded as well as the public as far as looking at things that are different. CHAIRMAN SOLIS: What came to mind was it's just sort of like a briefcase on wheels; how long did it take us to figure out that that was a good idea? Only a couple million years. Okay. Never mind. I digress. Thank you. Commissioner McDaniel. COMMISSIONER McDANIEL: I have to catch my composure. That suitcase on wheels thing's got me. CHAIRMAN SOLIS: Well, it took us a while. COMMISSIONER McDANIEL: Exactly. And, you know, there again, I mean, I full well understand why we're doing what we're doing. I listened, though I wasn't up here at the time with regard to our first speaker, and I heard the differentiation in time from 90 seconds to, I think, 140 seconds is, in fact, the improvement, but it is a process for us to show a cooperative effort with DOT to be able to do the necessary improvements to our roads. And I think that's something that we need to keep at the forefront as we're moving through in regard to this. It's not just -- this is a segment that we're talking about, and we all know that there are major issues when you move further west, so... CHAIRMAN SOLIS: Is there a motion? COMMISSIONER SAUNDERS: Not hearing one, I'll make a motion -- COMMISSIONER McDANIEL: Yes. COMMISSIONER SAUNDERS: -- to accept the report and March 27, 2018 Page 95 accept the recommendations from staff and to move forward with these interchange improvements. COMMISSIONER FIALA: I'll second it. COMMISSIONER McDANIEL: Yes. CHAIRMAN SOLIS: There's a motion and second. Any further discussion? COMMISSIONER TAYLOR: The recommendation -- yes, the recommendation for Whippoorwill is not to move ahead but to consider other alternatives. That's the wrong -- that wasn't -- MR. OCHS: No, ma'am. It's to move this -- these designs forward to FDOT to have them evaluate both the interchange and this intersection, correct, Trinity? MS. SCOTT: Correct. COMMISSIONER SAUNDERS: That's my motion. CHAIRMAN SOLIS: Yeah. This will just move it to FDOT to do their evaluations. MR. OCHS: Right. MS. SCOTT: For Whippoorwill and the interchange. The continuous-flow intersection at Pine Ridge and Livingston would allow staff to proceed forward with design. COMMISSIONER TAYLOR: Okay. COMMISSIONER McDANIEL: And that does include the right turn U-turn for left out of Whippoorwill? MR. OCHS: Correct. CHAIRMAN SOLIS: So there's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? March 27, 2018 Page 96 COMMISSIONER TAYLOR: Aye, for reasons stated. I think there needs to be a little bit more work done on Whippoorwill. MR. OCHS: Mr. Chairman, I know you're approaching lunchtime. I had a member of the audience that's here to speak on 11E, asked if it would be possible -- they have a member that's got a medical issue after lunch that has to be attended to. I didn't know if you wanted to try to take that one. I think we -- how many registered for that? Eleven -- MR. MILLER: We have two registered. It's actually one woman who's had additional time ceded to her from her husband; Ms. Cothran. MR. OCHS: Okay. Your call, Mr. Chair. CHAIRMAN SOLIS: I think we can do that. We can accommodate that. Thank you. Item #11E INVITATION TO BID NO. 18-7265 TO COASTAL CONCRETE PRODUCTS, LLC IN THE AMOUNT OF $1,358,318.83 FOR PROJECT NUMBER 70190, “39TH AVENUE NORTHEAST WATERMAIN EXTENSION AND UTILITIES”; AND, AUTHORIZE THE CHAIR TO SIGN THE ASSOCIATED AGREEMENT AND BUDGET AMENDMENT – APPROVED MR. OCHS: This is Item 11E. It's a recommendation to approve an award of a bid to Coastal Concrete Products in the amount of $1,358,318.83 for the 39th Avenue Northeast water main extension and utility installation. Mr. Dane Atkinson, your project manager, will make the presentation. COMMISSIONER McDANIEL: Mr. Chair? MR. OCHS: Or answer questions. March 27, 2018 Page 97 COMMISSIONER McDANIEL: I was just going to say, if you want, I mean, I've gone through this pretty extensively and, I mean, I'd like to hear from our public -- unless you-all want the presentation, I can -- MR. OCHS: This is a water main project that will serve your new northeast recycling center, your IFAS existing building and, ultimately, the Big Corkscrew Island Regional Park. So that's, essentially, the presentation. CHAIRMAN SOLIS: That's -- that will be fine with me. Any objection to just hearing the speakers? COMMISSIONER TAYLOR: Not at all. COMMISSIONER McDANIEL: I'd just like to hear from them. MR. MILLER: Mr. Chairman, your speaker is Shirley Cothran. And she has been ceded three additional minutes from Michael Cothran. Michael, can you raise your hand and indicate. COMMISSIONER McDANIEL: He's here. I see him. MR. MILLER: You've got six minutes, Ms. Cothran. MS. COTHRAN: Okay. I am not against any of those things that were mentioned. I'm not against the park, the recycle center, or anything. It's the way that they're going about it, and it's this water pipe. The county doesn't have a right to put a water main in the access easement where they want it. 39th Avenue Northeast, the road that leads to the fairgrounds, the recycling plant, and will lead to the new park, belongs to Waterways of Naples Homeowners Association, not the county. The county has an access easement. The original easements were granted in 1987 and 1988. One was 2,000 feet by 4,000 feet -- by 74 feet, and another one was -- and that was for the public. Another was a thousand by 74, and that was a private easement for the transport of agricultural products. In 1996, Waterways of Naples filed its covenants and restrictions. March 27, 2018 Page 98 These restrictions say, in part, that everything that's contained within Waterways' boundaries are for the benefit of the residents. It has a separate paragraph saying that nothing is dedicated to the public. Five years later, the last phase of Waterways was platted. The plat says there may be additional restrictions that are not recorded on the plat, i.e., those two easements that were granted in the '80s. The plat also identifies several types of easements: Utility, lake maintenance, access. The access easement is dedicated to the public for ingress and egress. There are many utility easements that are shown on the plat, but none of them are inside the access easement. And I've got a -- I've got the plat, part of the plat, here. The county came to Waterways and asked them to sell them a utility easement, so they knew they did not have an easement. We said we couldn't do that per the restrictions. The county went to the fair board, who leases the fairgrounds from the county, and that's directly north of this area, and asked the same thing, and the fair board said, yeah, sure. So they've got an easement to the north. Public utilities then went to the county's legal department and asked if they could put utilities in the access easement. The attorney for the county said yes, basing the decision on a case where the Court found that power lines were a modern form of the Pony Express. Now, let me explain this to you. I have to look at my notes. The case was Narborne (phonetic) versus Florida Power Corporation, and there was a highway easement, and the Court there said, because highways used to carry communications, letters, and other things on foot and then on horseback and then on moveable vehicles from one place to another, and now you can transmit data over power lines, the electronic highway, therefore it's okay to put power lines on highway easements because they don't really interfere with the other things that March 27, 2018 Page 99 are moving on the highway. I don't think that power lines and water lines are the same thing. And I'm trying to figure out how I'm going to get my letter in a bottle into this water main if it's the same as an electronic highway. The court case goes on to say that if the grantor of the easement had wanted to use it for utility -- not want to use it for utilities, he should have said so. I contend that there is no acceptable way on a plat to show that this area doesn't have any other easements in it. It's just blank. If -- the Waterways plat shows utility easements, maintenance easements, et cetera. There is a utility easement that comes up along the east side of the lake and goes north and stops 74 feet from the -- from the north border. Those 74 feet are the access easement. If they had wanted the utility easement to go into the access easement, they would have drawn that line another 74 feet, and they didn't. So the access easement was only intended to be an access easement, not to have a water pipe in it. Power lines and water lines are fundamentally different. If a water line breaks, the escaping water will erode our lake bank and wash the dirt into our lake. Currently, we are looking at almost $100,000 to repair our lake banks as they are now just from normal -- and $100,000 is a lot to us. The latest construction plans for the roadway extension calls for swales on the new part. Is that six minutes? MR. MILLER: Yes, ma'am. CHAIRMAN SOLIS: Thank you. Thank you. MS. COTHRAN: What? CHAIRMAN SOLIS: Your time is up. MS. COTHRAN: I am surprised. I did this all in five minutes. Anyhow, they're using outdated permits to do this. They're expired. CHAIRMAN SOLIS: Thank you. March 27, 2018 Page 100 MS. COTHRAN: Thank you. MR. MILLER: That was our only speaker. CHAIRMAN SOLIS: Okay. Any other discussion? COMMISSIONER McDANIEL: Well, I would like to say -- I mean, I've looked into this quite a bit, and Ms. Shirley and I have spoken at length with regard to this, but -- and I'm in a very compro -- she provides a very compelling argument, but our staff, utilities department, my legal counsel, our legal counsel, have all ratified that what we're doing is within the bounds and the rights of the county, so I'd like to make a motion that we move this forward in an affirmative manner. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: There's a motion and a second. Any other discussion? (No response.) CHAIRMAN SOLIS: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries unanimously. Now we're ready for a lunch break? COMMISSIONER SAUNDERS: Mr. Chairman? CHAIRMAN SOLIS: Oh, yes. COMMISSIONER SAUNDERS: We only have two items, I believe. CHAIRMAN SOLIS: Oh, two items left. COMMISSIONER SAUNDERS: And I don't think there will be March 27, 2018 Page 101 any discussion on either one of them. CHAIRMAN SOLIS: Okay. Is that correct, Mr. Manager, two items left? MR. OCHS: You have, I think, three items. But we can keep moving on here and get you out of here, if you'd like. CHAIRMAN SOLIS: The court reporter's good. Okay. Let's keep moving. Item #11B AWARD BID NUMBER 18-7242, “NCWRF 24-INCH IRRIGATION QUALITY WATER MAIN”, PROJECT NUMBER 70116.2, TO QUALITY ENTERPRISES USA, INC., IN THE AMOUNT OF $1,456,841 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENT – APPROVED MR. OCHS: Let's move on, then, to Item 11B. This is a recommendation to award a bid to the lowest responsive bidder, that being Quality Enterprises USA, in an amount of $1,456,841 for the North County Water Regional 24-inch irrigation quality water main project, and staff can either make a presentation or respond to questions. COMMISSIONER McDANIEL: Or I can move for approval. MR. OCHS: Yes, sir. COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: No speakers? COMMISSIONER McDANIEL: Unless you want to give a presentation. MR. CHMELIK: That's your pleasure. MR. MILLER: No speakers on this item, sir. CHAIRMAN SOLIS: An opportunity to excel. March 27, 2018 Page 102 There's a motion and a second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. MR. CHMELIK: Thank you, Commissioners. Item #11D THE PURCHASE OF PROPERTY INSURANCE EFFECTIVE APRIL 1, 2018 IN THE ESTIMATED AMOUNT OF $3,157,523 – APPROVED MR. OCHS: Item 11D is a recommendation to approve the purchase of property insurance effective April 1, 2018, in the estimated amount of $3,157,523. Mr. Walker is available to respond to questions or accept a motion. COMMISSIONER TAYLOR: Move approval. COMMISSIONER FIALA: Second. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: There's a motion and second. All in -- any discussion? (No response.) CHAIRMAN SOLIS: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. March 27, 2018 Page 103 COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries unanimously. Moving on. MR. WALKER: Thank you. CHAIRMAN SOLIS: Thank you. Item #11G THE BOARD DECLARE THAT EMERGENCY CONDITIONS EXIST AT CLAM PASS INLET; AUTHORIZE AN EXPEDITED PROCUREMENT PROCESS TO OBTAIN QUOTES AND QUICKLY MOBILIZE A CONTRACTOR; AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE A CONTRACT TO BE PRESENTED TO THE BOARD FOR “AFTER-THE-FACT” APPROVAL AT THE NEXT REGULARLY SCHEDULED MEETING; AUTHORIZE TOURIST DEVELOPMENT TAX FUNDING AND THE ASSOCIATED BUDGET AMENDMENT FOR THIS PROJECT; AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM – APPROVED MR. OCHS: Mr. Chairman, this takes us to Item 11G. This is a recommendation that the Board declare that emergency conditions exist at Clam Bay inlet, authorize an expedited procurement process to obtain quotes and mobilize a contractor, authorize the County Manager to negotiate and execute a contract for presentation after the fact to the Board for approval at its next meeting, authorize tourist development tax funding and the associated budget amendments for this project, and make a finding that the item promotes tourism. March 27, 2018 Page 104 Mr. Dorrill, your Pelican Bay Services Division manager, will present. COMMISSIONER FIALA: Motion to approve. COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: There's a motion and a second. COMMISSIONER SAUNDERS: I'll second that. CHAIRMAN SOLIS: Any discussion? (No response.) CHAIRMAN SOLIS: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. MR. DORRILL: Thirty-eight years ago when I made my first presentation ever in front of the County Commission, I had practiced and practiced, and I was about halfway through what was an overly long presentation, and Doc Brown, the county commissioner from Immokalee, had a big gavel, and he hit the gavel, and he says, "Mr. Dorrill, you have talked too much. I'm hungry, son, and we'll be in recess until 1:30," and he got up and walked out of the room. Thank you very much. COMMISSIONER McDANIEL: We'll see you, Mr. Dorrill. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA March 27, 2018 Page 105 MR. OCHS: Mr. Chairman, that takes us to public comments on general topics not on the current or future agenda. MR. MILLER: And we have no registered speakers on that item. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Okay. Then that moves us, Commissioners, to Item 15, which is staff and commission general communications. Commissioners, just a reminder that next Tuesday is your workshop, your annual workshop with your CRAs. Other than that, I have nothing else to discuss this morning, sir. CHAIRMAN SOLIS: County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN SOLIS: Clerk? MS. KINZEL: No, thank you very much. COMMISSIONER McDANIEL: Yes. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: I do. I have three items, and I'm going to go in reverse order. The first one is I would like to ask your indulgence to give our staff direction to ask and prepare for an amendment for the management plan over the oversight -- or the utilization of the Picayune State Forest. There's a rural change that's in effect right now, 10-year rural change process that the Forestry Department has. And I've been working with the State, with the Big Cypress Basin, with the U.S. Fish and Wildlife Service to allow for off-road vehicles, specifically swamp buggies, to be allowed to use the Picayune State Forest on designated March 27, 2018 Page 106 trails and roadways. And I've been asked to ask your indulgence to give our staff direction to prepare -- that you'll get to see it all in its -- informally, but to give staff direction to prepare that amendment request. How do you feel about that? COMMISSIONER FIALA: I don't have any problems with it. COMMISSIONER McDANIEL: Okay. COMMISSIONER FIALA: And you're not saying we should do it. You're just saying to pursue it. COMMISSIONER McDANIEL: No. Pursue it, give staff direction to prepare that amendment, and then we can look at it in its entirety when it comes back before us. COMMISSIONER FIALA: Uh-huh. COMMISSIONER McDANIEL: You okay with that? CHAIRMAN SOLIS: Sure. COMMISSIONER FIALA: Yeah. COMMISSIONER McDANIEL: Okay. COMMISSIONER FIALA: If there's anything left of the Picayune after all of these fires. Gee. COMMISSIONER McDANIEL: Fires are regenerators. It's not all that bad. Although, that poor fellow that lost his house... COMMISSIONER FIALA: Yeah. COMMISSIONER McDANIEL: I did want to say as -- you know, as chairman of the Public Safety Coordinating Council, we had our meeting last week, and that there is minutes coming forward from that, and the recommendation from the Sheriff and his staff is for us to revisit the gain time enhancement for inmates that are behaving well and working in the jail system to be able to work time off of their sentencing, and that met with approval of all the members of the Public Safety Coordinating Council. So that's going to be coming back to us as well. March 27, 2018 Page 107 And then last, but not least, I attended a very, very nice ribbon cutting out at the Ann Olesky pier in Immokalee at Lake Trafford, and I really want to thank staff. It's an enormous amount of coordinating and processing to facilitate that, and it's a milestone, or not a milestone, but a mile marker of our community, and I really wanted to thank everybody for that. MR. OCHS: You're welcome. COMMISSIONER McDANIEL: That's it. CHAIRMAN SOLIS: Commissioner Fiala. COMMISSIONER FIALA: Two. Leo, a while back we talked about that land that the county owns out in North Naples that we were hoping to get a bus barn built on and exchange land with this over at East Naples Community Park. Has something ever come about with that? MR. OCHS: Yes, ma'am. We're actively pursuing just that with the school district. COMMISSIONER FIALA: Do you think it's moving along? MR. OCHS: Yes. No, I know it's moving along. COMMISSIONER FIALA: That's good news. MR. OCHS: Commissioner McDaniel has been very -- COMMISSIONER FIALA: Pardon me? MR. OCHS: Commissioner McDaniel has been very involved up in the project area as well, helping us pull that together. So it will involve all those items that you just mentioned. COMMISSIONER FIALA: Great, great. COMMISSIONER McDANIEL: If you and I were allowed to talk more, I could have told you that. COMMISSIONER FIALA: Okay. And let me see. I had a second one. Oh, gosh. Oh, yeah. I also -- I took a tour just recently, and it was a tour of the farmlands, and I want to tell you, if any of you ever have an opportunity to do that, it's great to see. March 27, 2018 Page 108 I toured a flower farm that's -- I think it's called American Farms or something. They're growing all the baskets of flowers for Easter-time now for all of the Walmarts, K-Marts -- not K-marts, Walmarts, Home Depots, and Lowe's, and it was just beautiful. They had acres and acres of all these florists (sic). Then we went to a cattle ranch, and it was just outstanding. People don't even realize that this is going on. And we're the second largest cattle state in the country, and they're -- it was right there. I'm telling you, it was just beautiful, and it made you realize what-all we have here that no one ever sees. We only see the traffic, right? We don't see all this wonderful stuff. I went out to the -- I went out to -- in Immokalee, Robert's Ranch, and what a great job they've been doing with that. They've got it all, you know, really nice. You feel like you're actually at a ranch. It was just great. And then there were a couple more things. I went out to the accelerator in Immokalee, and their kitchen was gleaming. It was all these nice, new things, and it was beautiful. And I saw it before the big -- I guess this Friday they're having a big opening for the community. COMMISSIONER McDANIEL: It's actually tomorrow. MR. OCHS: Tomorrow. COMMISSIONER FIALA: Oh, is that tomorrow? COMMISSIONER McDANIEL: That was one thing I forgot to announce. MR. OCHS: From 10:00 to 2:00 tomorrow. COMMISSIONER FIALA: Okay. And that was really great. I forget what the last thing was already. But anyway, I just want to say that if anybody ever gets a chance to go on one of these tours, you ought to take it. I know it takes a real long time but, man, it was wonderful, and it makes you appreciate what we have in this county. March 27, 2018 Page 109 Thank you. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: Nothing. COMMISSIONER SAUNDERS: I don't have anything to add either. CHAIRMAN SOLIS: Nothing from me either. We're adjourned. ***** **** Commissioner Saunders moved, seconded by Commissioner McDaniel and carried that the following items under the Consent and Summary Agendas be approved and/or adopted (Commissioner Solis abstained from voting on Item #16A9 and Item #16A10) **** Item #16A1 AN AMENDMENT TO THE AMENDED AND RESTATED DEVELOPER AGREEMENT (DA) BETWEEN THE DEVELOPER OF PARKLANDS PLANNED UNIT DEVELOPMENT, PARKLANDS ASSOCIATES I, LLLP (DEVELOPER) AND COLLIER COUNTY (COUNTY) TO EXTEND THE DATE OF INTERSECTION IMPROVEMENTS AT LOGAN BOULEVARD AND IMMOKALEE ROAD (THIS IS A COMPANION TO AGENDA ITEM #16A2) – EXTENDING THE DATE OF BRIDGE IMPROVEMENTS TO BE COMPLETED PRIOR TO THE 495TH CERTIFICATE OF OCCUPANCY WITHIN THE PARKLANDS PLANNED UNIT DEVELOPMENT (PUD) Item #16A2 RESOLUTION 2018-54: ACCEPTING AND ASSUMING March 27, 2018 Page 110 OWNERSHIP AND MAINTENANCE OF THE BRIDGE AT LOGAN BOULEVARD & IMMOKALEE ROAD OVER THE COCOHATCHEE CANAL FOR PERPETUAL USE BY THE PUBLIC (THIS IS A COMPANION TO AGENDA ITEM #16A1) Item #16A3 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $1,077,314.36 FOR PAYMENT OF $1,014.36 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. CURTIS D. AND BRENDA BLOCKER, CODE ENFORCEMENT BOARD CASE NO. 2000010616 RELATING TO PROPERTY LOCATED AT 511 NEW MARKET RD, COLLIER COUNTY, FLORIDA – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A4 RESOLUTION 2018-55: DECLARING A PUBLIC HEARING TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THAT ROADWAY EASEMENT RECORDED IN OR BOOK 2355, PAGE 2715 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF COUNTY BARN ROAD, APPROXIMATELY A QUARTER MILE SOUTH OF DAVIS BOULEVARD IN SECTION 8 TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (VAC-PL20170001644) – TENTATIVELY SCHEDULED FOR THE APRIL 24, 2018 BCC MEETING Item #16A5 March 27, 2018 Page 111 RESOLUTION 2018-56: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF BRISTOL PINES, PHASE II APPLICATION NUMBER AR-8835 AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY Item #16A6 FINAL ACCEPTANCE OF SEWER UTILITY FACILITIES FOR ORCHID RUN PHASE 2, PL20160000615, 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 $8,712.17 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – ALL SEWER UTILITIES ARE OWNED AND MAINTAINED BY THE DEVELOPER Item #16A7 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR THE ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, PARCEL D2, PL20170000005 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW March 27, 2018 Page 112 STAFF FEBRUARY 9, 2018, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item #16A8 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR THE ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, PARCEL D1, PL20160001216 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF FEBRUARY 9, 2018, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item #16A9 (Commissioner Solis abstained from voting) FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR FRANGIPANI CIRCLE AT LAMORADA (F/K/A INDIAN HILL ESTATES), PL20160000181 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 $45,056.81 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW March 27, 2018 Page 113 STAFF FEBRUARY 12, 2018, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item #16A10 (Commissioner Solis abstained from voting) FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF POTABLE WATER AND SEWER UTILITY FACILITIES FOR ARTESIA NAPLES PHASE 3A, PL20150000603 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 – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY DEVELOPMENT REVIEW STAFF FEBRUARY 9, 2018, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND SATISFACTORY AND ACCEPTABLE Item #16A11 INITIATING AN INSUBSTANTIAL CHANGE TO THE WOLF CREEK PLANNED UNIT DEVELOPMENT (ORDINANCE 2013- 17) TO REMOVE THE COMMITMENT OF A FAIR SHARE CONTRIBUTION FOR A TRAFFIC SIGNAL AT VANDERBILT BEACH ROAD AND PRISTINE DRIVE (PROJECT NO. 60088) – TO ASSURE RESIDENTS OF THE WOLF CREEK PLANNED UNIT DEVELOPMENT (PUD) THAT STAFF IS NOT INTENDING TO IMPOSE A FAIR SHARE TRAFFIC SIGNAL PAYMENT FOR THE INTERSECTION OF VANDERBILT BEACH ROAD AND PRISTINE DRIVE March 27, 2018 Page 114 Item #16A12 THE SHORT-LIST OF PROFESSIONAL ENGINEERING CONSULTANTS AND ENTERING INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND Q. GRADY MINOR & ASSOCIATES, P.A. PURSUANT TO REQUEST FOR PROPOSALS NO. 17-7213 "CCNA SOLICITATION GOODLAND DRIVE REHABILITATION” (PROJECT NO. 60200) – TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE REHABILITATION OF CR-92A/GOODLAND DRIVE Item #16A13 RESOLUTION 2018-57: AUTHORIZING THE REMOVAL OF AGED ACCOUNTS RECEIVABLE IN THE NET AMOUNT OF $6,440.93 CONSIDERED UNCOLLECTIBLE FROM FINANCIAL RECORDS OF VARIOUS GROWTH MANAGEMENT DEPARTMENT FUND CENTERS IN ACCORDANCE WITH RESOLUTION 2006-252 Item #16A14 FINDINGS OF THE FLOOD PROTECTION LEVEL OF SERVICE STUDY BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AS PER THE COOPERATIVE AGREEMENT – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A15 A RESEARCH AGREEMENT BETWEEN FLORIDA GULF March 27, 2018 Page 115 COAST UNIVERSITY AND COLLIER COUNTY FOR A 10-YEAR WETLAND STUDY AT FREEDOM PARK –TO STUDY NUTRIENT UPTAKE FROM STORMWATER RUN-OFF, TO ENHANCE PROPER FUNCTION AND MAINTENANCE OF THE STORMWATER WETLAND AND TREATMENT SYSTEM LOCATED WITHIN THE FREEDOM PARK Item #16A16 FINAL RANKING OF DESIGN BUILD FIRMS AND TO COMMENCE NEGOTIATIONS WITH AJAX PAVING INDUSTRIES OF FLORIDA, LLC/STANTEC CONSULTING SERVICES, INC., PURSUANT TO A REQUEST FOR PROFESSIONAL SERVICES NO. 17-7159 "DESIGN-BUILD GOLDEN GATE BOULEVARD 4-LANE, FROM WEST OF 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD, INCLUDING DRAINAGE TO THE FAKA UNION CANAL” (PROJECT NO. 60145) Item #16A17 CHANGE ORDER NO. 1 TO CONTRACT #17-7041, IN THE AMOUNT OF $206,443.68 WITH THOMAS MARINE CONSTRUCTION, INC. FOR HALDEMAN CREEK WEIR PROJECT NO. 60103 – TO COMPLETE THE REMAINDER OF THE PROJECT IN THE AREA OF THE US 41/ AIRPORT- PULLING ROAD DUE TO THE UNEXPECTED GEOTECHNICAL SITE CONDITIONS Item #16B1 March 27, 2018 Page 116 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVES AN AFTER-THE-FACT ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE AMOUNT OF $370,000 TO THE COLLIER COUNTY COMMUNITY AND HUMAN SERVICES FY 2018/2019 HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE PHASE 2 FIRE SUPPRESSION PROJECT IN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA – THE SCOPE OF THE PROJECT INCLUDES THE INSTALLATION OF NEW AND/OR UPGRADED EXISTING FIRE HYDRANTS, WATER LINES, AND CONNECTIONS WITHIN THE COMMUNITY. THE BGTCRA IS PARTNERING WITH THE CITY OF NAPLES TO IMPLEMENT THIS PROJECT Item #16B2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVES AN AFTER-THE-FACT ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE AMOUNT OF $600,000 TO THE COLLIER COUNTY COMMUNITY AND HUMAN SERVICES FY 2018/2019 HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR THE IMMOKALEE SIDEWALK IMPROVEMENT PROJECT WITHIN THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA – THE SCOPE OF THE PROJECT INCLUDES INSTALLATION OF SIDEWALKS ALONG CARVER STREET FROM SOUTH FIFTH STREET TO FIRST STREET AND SOUTH FIFTH STREET March 27, 2018 Page 117 FROM EUSTIS TO DELAWARE AVENUE Item #16B3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC), AS THE COMMUNITY REDEVELOPMENT AGENCY (CRA), APPROVES A SECOND AMENDMENT TO THE PREVIOUSLY APPROVED U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) GRANT AGREEMENT BETWEEN THE BCC AND CRA TO EXTEND THE AGREEMENT’S TIME OF PERFORMANCE FOR THE IMMOKALEE SIDEWALK IMPROVEMENT PROGRAM AND AUTHORIZE THE CHAIRMAN OF THE BOARD TO SIGN THE AMENDMENT – CONSTRUCTION WAS DELAYED DUE TO THE EFFECTS OF HURRICANE IRMA AND EXECUTION OF THE FIRST AMENDMENT Item #16B4 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY AND THE BOARD OF COUNTY COMMISSIONERS REVIEW AND ACCEPT THE 2017 ANNUAL REPORTS FOR THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA (CRA) AND THE IMMOKALEE COMMUNITY REDEVELOPMENT AREA (CRA) AND PUBLISH THE PUBLIC NOTICE OF THE FILING Item #16C1 AUTHORIZING PAYMENT OF $540,063.82 TO ASHBRITT ENVIRONMENTAL FOR VACTOR TRUCKS AND March 27, 2018 Page 118 EQUIPMENT, AND SERVICES/EQUIPMENT TO PREPARE DISASTER DEBRIS MANAGEMENT SITES AND RESIDENTIAL DEBRIS DROP-OFF SITES FOR THE COLLECTION AND PROCESSING OF HURRICANE IRMA STORM RELATED DEBRIS – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C2 SELECTION COMMITTEE RANKINGS AND AUTHORIZING ENTERING INTO CONTRACT NEGOTIATIONS FOR REQUEST FOR PROFESSIONAL SERVICES #17-7117, “SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REACTOR TANK NO. 4,” PROJECT 70135, WITH THE TOP-RANKED FIRM, CAROLLO ENGINEERS, INC. – THE DESIGN WILL PROVIDE A NEW REACTOR TANK TO SERVE WATER CUSTOMERS WITH FULL REGULATORY COMPLIANCE RELIABILITY, AND SUSTAINABILITY Item #16D1 RELEASE OF LIEN TO COMBINE THE RELEASE OF 39 SEPARATE LIENS FOR A COMBINED AMOUNT OF $186,291.98 FOR PROPERTIES DEVELOPED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. THAT HAVE REMAINED AFFORDABLE FOR THE REQUIRED 15-YEAR PERIOD SET FORTH IN THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) IMPACT FEE PROGRAM – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D2 March 27, 2018 Page 119 AN AGREEMENT FOR SALE AND PURCHASE WITH THEODORE ROMAK, THOMAS ROMAK, TRACY ROMAK, TERRY ROMAK, AND TOBY GRUDINSKAS, FOR 1.14 ACRES UNDER THE CONSERVATION COLLIER LAND ACQUISITION PROGRAM AT A COST NOT TO EXCEED $7,100 – A PARCEL WITHIN THE RED MAPLE SWAMP PRESERVE MULTI- PARCEL PROJECT Item #16D3 RESOLUTION 2018-58: IMPLEMENTING LIEN COMPLIANCE AND A COLLECTION PROCEDURE FOR ALL HOUSING PROGRAMS ADMINISTERED BY THE COMMUNITY AND HUMAN SERVICES DIVISION (CHS) Item #16D4 AN AFTER-THE-FACT ELECTRONIC GRANT APPLICATION SUBMITTAL IN THE AMOUNT OF $200,000 TO THE COMMUNITY AND HUMAN SERVICES DIVISION (CHS) FY2018/2019 HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TO REPLACE IMMOKALEE COMMUNITY PARK’S EXISTING PLAYGROUND WITH AN ADA COMPLIANT PLAYGROUND Item #16D5 AUTHORIZING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC), AN AGENCY OF THE STATE OF FLORIDA, TO USE THE ISLE OF CAPRI March 27, 2018 Page 120 PADDLECRAFT PARK TO STORE DERELICT VESSELS CAUSED BY HURRICANE IRMA, AND TO AUTHORIZE THE COUNTY MANAGER TO EXTEND THE AUTHORIZATION AS HE DEEMS IT APPROPRIATE – FOR TEMPORARY STORAGE OF DERELICT VESSELS DURING WHICH TIME THEY ARE BEING IDENTIFIED AND CLAIMED BY THE VESSEL’S OWNER, OR ALTERNATIVELY, DESTROYED ON-SITE AND REMOVED Item #16D6 RESOLUTION 2018-59: PROVIDING AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF THE FY18-19 SHIRLEY CONROY RURAL AREA CAPITAL EQUIPMENT SUPPORT GRANT IN THE AMOUNT OF $83,493 TO THE FLORIDA COMMISSION FOR TRANSPORTATION DISADVANTAGED (FCTD) FOR THE PROCUREMENT OF ONE FORD CUTAWAY TRANSIT VEHICLE Item #16D7 SECOND AMENDMENT TO SUBRECIPIENT AGREEMENTS WITH YOUTH HAVEN INC. AND IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY, BOTH WITH COLLIER COUNTY, TO EXTEND EACH AGREEMENT’S TIME OF PERFORMANCE – DUE TO DELAYS ARISING FROM HURRICANE IRMA Item #16D8 A TRANSPORTATION COORDINATION AGREEMENT WITH March 27, 2018 Page 121 EASTER SEALS FLORIDA, INC. – TO TRANSPORT INDIVIDUALS WHO ATTEND THEIR PROGRAMS Item #16D9 CHANGE ORDER #6 TO CONTRACT #15-6437, VANDERBILT BEACH UTILITY CONVERSION SERVICES WITH MASTEC, INC. TO INCREASE THE CONTRACT AMOUNT BY $460,904.27 WITH A REVISED COMPLETION DATE OF DECEMBER 1, 2019, FOR THE VANDERBILT BEACH MUNICIPAL SERVICES TAXING UNIT (MSTU) UTILITY CONVERSION PROJECT PHASE II AND III, DUE TO THE COORDINATION EFFORTS WITH THE WATER, SEWER, AND STORMWATER REPLACEMENT PROJECT IN THE SAME – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D10 INVITATION TO BID (ITB) #17-7220R, “HUNTER-CORONADO IRRIGATION CONTROL UPGRADE” TO STAHLMAN- ENGLAND IRRIGATION INC, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED AGREEMENT – TO UPGRADE IRRIGATION CONTROLS ON HUNTER BOULEVARD AND CORONADO PARKWAY, INSTALLED BY THE GOLDEN GATE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (“MSTU”) WITHIN ITS BOUNDARY Item #16D11 AN “AFTER-THE-FACT” AMENDMENT, ATTESTATION STATEMENT AND BUDGET AMENDMENT FOR THE OLDER March 27, 2018 Page 122 AMERICANS ACT PROGRAM (OAA) TITLE III FROM AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (AGENCY) TO REFLECT THE FINAL FY17 GRANT FUNDING AMOUNT. (NET FISCAL IMPACT: $8,708.86 IN PROGRAM FUNDS AND LOCAL MATCH FUNDING OF $967.66) Item #16D12 AFTER-THE-FACT SUBMITTAL OF THE REQUEST FOR PROPOSAL (RFP) TO THE AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA INC. (AAA) FOR LEAD AGENCY DESIGNATION Item #16D13 AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE MARCO ISLAND HISTORICAL SOCIETY, WHICH OUTLINED EACH ORGANIZATION’S ROLES AND RESPONSIBILITIES IN HOSTING A TEMPORARY EXHIBIT OF SIGNIFICANT ARTIFACTS FOUND ON MARCO ISLAND DURING THE 1896 PEPPER-HEARST ARCHAEOLOGICAL EXPEDITION AT THE MARCO ISLAND HISTORICAL MUSEUM, BY DELAYING THE IMPLEMENTATION OF THE FEBRUARY 13, 2018 FEE POLICY AND STANDARD MUSEUMS RENTAL AGREEMENT FOR THE COLLIER COUNTY MUSEUMS DIVISION AT THE MARCO ISLAND HISTORICAL MUSEUM LOCATION UNTIL AFTER THE PERIOD OF THE LOANS Item #16D14 March 27, 2018 Page 123 INVITATION TO BID (ITB) NO. 17-7154 FOR STRUCTURAL AND MECHANICAL POOL CONTRACTORS TO OMNI AQUATICS INC., TO PROVIDE ON-CALL AND URGENT MAINTENANCE, EQUIPMENT REPAIR WORK FOR COMPONENTS OF THE PARKS AND RECREATION DIVISION'S POOL AND INTERACTIVE WATER FEATURE FACILITIES – TO ENSURE THE SUSTAINED ON-CALL MAINTENANCE AND REPAIR ASPECT OF THE PARKS AND RECREATION AQUATIC FACILITIES BY MAINTAINING STRUCTURAL REPAIRS AND MECHANICAL EQUIPMENT IN A SAFE CONDITION FOR THE PUBLIC Item #16D15 ENTERING INTO NEGOTIATIONS WITH DAVIDSON ENGINEERING, INC. FOR A CONTRACT RELATED TO REQUEST FOR PROPOSAL (RFP) #17-7199, “DESIGN SERVICES COLLIER COUNTY SPORTS COMPLEX” – A NEGOTIATED CONTRACT WILL BE PRESENTED AT A SUBSEQUENT MEETING FOR APPROVAL Item #16D16 SECOND AMENDMENT TO THE AGREEMENT BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION (BCHC) TO CHANGE THE METHOD OF PAYMENT FROM A LOAN DISBURSEMENT TO A REIMBURSEMENT FOR SERVICES METHOD OF PAYMENT AND EXTENDING THE PERFORMANCE DATE OF THE CONTRACT – TO REHAB RENTAL UNITS AT MAIN STREET VILLAGE LOCATED AT 104 ANHINGA CIRCLE, March 27, 2018 Page 124 IMMOKALEE, FLORIDA; REQUIRES BCHC TO CONDUCT REHAB ACTIVITIES ON NO LESS THAN 40 UNITS THAT INCLUDE GENERAL PROPERTY IMPROVEMENTS Item #16D17 SUBMITTAL OF REVISED FY17 SECTION 5310 GRANT APPLICATION PAGES TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR ADDITIONAL EQUIPMENT TO ADD ONE MOBILE RADIO AND ONE PARATRANSIT VEHICLE (ANTICIPATED FISCAL IMPACT: $10,977) Item #16E1 THE PURCHASE OF AN ADDITIONAL CARDIAC MONITOR AND MECHANICAL COMPRESSION DEVICE TO EQUIP A GROWTH UNIT FOR COLLIER EMS AT AN ESTIMATED COST OF $70,000 – TO EQUIP THE NEW HACIENDA EMS GROWTH UNIT Item #16E2 EXECUTING A SETTLEMENT AGREEMENT AND RELEASE OF CLAIM #22-09171706535 FILED BY TERRANCE P. SMITH AND GINNY L. SMITH IN THE AMOUNT OF $160,000 – ARISING FROM A SEWER BACKUP THAT OCCURRED ON SEPTEMBER 17, 2017 Item #16E3 EXTENDS THE TERM OF AN INTERLOCAL AGREEMENT March 27, 2018 Page 125 BETWEEN COLLIER COUNTY AND CITY OF EVERGLADES CITY, RELATING TO DAMAGE CAUSED BY HURRICANE IRMA, TO SEPTEMBER 30, 2018 – TO PROVIDE ASSISTANCE, MANPOWER AND FUNDING TO THE CITY OF EVERGLADES CITY IN RESPONSE TO THE EXTENSIVE DAMAGE, THAT WAS SCHEDULED TO EXPIRE ON MARCH 31, 2018 Item #16E4 THE SALE AND DISPOSAL OF SURPLUS ASSETS, PER RESOLUTION 2013-95, FOR THE SALE OF COLLIER COUNTY SURPLUS PROPERTY APRIL 21, 2018; APPROVING THE ADDITION OF SURPLUS ITEMS RECEIVED SUBSEQUENT TO THE APPROVAL OF THIS ITEM FOR SALE IN THE AUCTION; AND AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO SIGN FOR THE TRANSFER OF VEHICLE TITLES – TO SELL PROPERTY THAT’S OBSOLETE, UNECONOMICAL OR INEFFICIENT, AND SERVES NO USEFUL PURPOSE TO OBTAIN REVENUE FOR THE COUNTY Item #16E5 AN ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16E6 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS March 27, 2018 Page 126 AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16F1 RESOLUTION 2018-60: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2017-18 ADOPTED BUDGET Item #16F2 AMENDMENT #2 TO AGREEMENT #16-7008 IN SUPPORT OF THE 2018 US OPEN PICKLEBALL CHAMPIONSHIPS UP TO THE AMOUNT OF $122,500 FOR OPERATING COSTS INCLUDING FACILITY USE FEES AND STAFF OVERTIME AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F3 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY – BA #18-317, FUNDS NEEDED FOR EMERGENCY MEDICAL CARE FOR DAS ANIMALS AND DONOR SPECIFIC REQUESTS Item #16H1 THE DONATION OF SURPLUS VEHICLES TO THE CITY OF March 27, 2018 Page 127 EVERGLADES CITY – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16J1 APPOINTING COMMISSIONERS MCDANIEL AND SAUNDERS TO THE COLLIER COUNTY CANVASSING BOARD FOR THE 2018 ELECTION CYCLE Item #16J2 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN MARCH 1 AND MARCH 14, 2018 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J3 THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MARCH 21, 2018 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K1 A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $11,500 FOR PARCEL 335RDUE, IN THE LAWSUIT CAPTIONED COLLIER COUNTY V. PRISCILLA DIAS, ET AL, CASE NO. 16-CA-1393, REQUIRED FOR THE GOLDEN March 27, 2018 Page 128 GATE BOULEVARD EXPANSION PROJECT NO. 60145 (FISCAL IMPACT: $10,970) Item #16K2 A JOINT MOTION AND STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $10,000 FOR PARCEL 437RDUE, IN THE LAWSUIT CAPTIONED COLLIER COUNTY V. KINH THI PHAM, ET AL, CASE NO. 17-CA-1473, REQUIRED FOR THE GOLDEN GATE BOULEVARD EXPANSION PROJECT NO. 60145 (FISCAL IMPACT: $6,500) Item #16K3 RESOLUTION 2018-61: REAPPOINTING ESTIL NULL, YVAR PIERRE AND PATRICIA ANNE GOODNIGHT TO THE IMMOKALEE LOCAL REDEVELOPMENT ADVISORY BOARD TO 3-YEAR TERMS EXPIRING APRIL 4, 2021 Item #16K4 RESOLUTION 2018-62: APPOINTING AUSTIN J. BELL TO THE HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, FILLING A VACANT TERM EXPIRING OCTOBER 1, 2019 Item #17A ORDINANCE 2018-11: AMENDING ORDINANCE NO. 2012-36, THAT ESTABLISHED THE HACIENDA LAKES COMMUNITY DEVELOPMENT DISTRICT, IN ORDER TO CONTRACT THE EXTERNAL BOUNDARIES OF THE DISTRICT FROM 615.2 March 27, 2018 Page 129 ACRES TO 391.06 ACRES Item #17B ORDINANCE 2018-12: AMENDING ORDINANCE NO. 2002-27, AS AMENDED, RELATING TO THE PELICAN BAY SERVICES DIVISION BOARD, BY ELIMINATING THE REQUIREMENT OF THE ROTATION OF THE CHAIR AND VICE CHAIR, WHICH WAS IMPLEMENTED BY ORDINANCE NO. 2013-19, AND RETURN TO THE ORIGINAL SELECTION PROCESS OF THE CHAIR AND VICE CHAIR AS SET FORTH IN ORDINANCE 2002-27, AS AMENDED Item #17C RESOLUTION 2018-63: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2017-18 ADOPTED BUDGET ***** March 27, 2018 Page 130 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:19 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ________________________________________ ANDY SOLIS, 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.