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BCC Minutes 11/18/2014 R BCC REGULAR MEETING MINUTES November 18, 2014 November 18, 2014 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 18, 2014 LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Chairman: Tom Henning Tim Nance Donna Fiala Penny Taylor Georgia Hiller ALSO PRESENT: Leo E. Ochs, Jr., County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Tim Durham, Executive Manager of Business Operations Troy Miller, Communications & Customer Relations • Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 November 18, 2014 9:00 AM Commissioner Tom Henning, District 3 - BCC Chair Commissioner Tim Nance, District 5 - BCC Vice-Chair; TDC Chair Commissioner Donna Fiala, District 1 - CRAB Chair Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair Commissioner Penny Taylor, District 4 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 November 18, 2014 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DEPARTMENT. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Philemon Patitsas - St. Katherine Greek Orthodox Church B. SWEARING IN CEREMONY for COMMISSIONER TAYLOR, District 4 (The swearing in will be conducted by Judge Christine Greider). 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. October 14, 2014 - BCC/Regular Meeting C. October 28, 2014 - BCC/Regular Meeting Page 2 November 18, 2014 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation designating November 25, 2014 as St. Katherine Greek Orthodox Church Day. To be accepted by Dr. John Klemes, Parish Council 2nd Vice President. Sponsored by Commissioner Hiller. B. Proclamation designating November 2014 as Join Scout Month. To be accepted by Burt Saunders, Boy Scouts of America District Chairman; Tom Birch, District Commissioner; James Giles, District Executive; Grae Sidener, STEM/NOVA Program Chair. Sponsored by Commissioner Henning. C. Proclamation recognizing a new Waste Reduction Award Program recipient Positano Place of Naples. To be accepted by Mr. Jack Hedenstrom, LCAM, CMCA, Community Association Manager, Mr. Tom Nigro, Association Treasurer. Sponsored by Commissioner Henning. D. Proclamation designating November 18, 2014 Mary Ellen Hawkins Appreciation Day in Collier County. To be accepted by Mary Ellen Hawkins. Sponsored by Commissioner Henning and Commissioner Taylor. E. Proclamation recognizing the 60th Anniversary of Corkscrew Swamp Sanctuary. To be accepted by Brad Cornell, Southwest Florida Policy Associate for Audubon of the Western Everglades, and Jason Lauritsen, Director, Corkscrew Swamp Sanctuary. Sponsored by Commissioner Nance. F. Proclamation designating November 21-27, 2014 as Farm City Week in Collier County. To be accepted by Stephanie Kissinger 2014 Chair of the Farm City BBQ and representatives of Collier County 4H Association, Youth Leadership Collier, Collier County Junior Deputies League, and Key Club International, the four youth leadership development programs benefitting from the proceeds of Farm City BBQ. Sponsored by Commissioner Nance. G. Proclamation designating November 2014 as Diabetes Awareness Month in Collier County. To be accepted by members of the Black Affairs Advisory Board LaVerne Franklin, Vaughn Young, Debra Johnson Hubbard, Jennifer Page 3 November 18, 2014 Williams, Darling Smith and Dr. Pamela Wilkins. Sponsored by Commissioner Fiala. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for November 2014 to Comcast Cable. To be accepted by Justin Damiano, Manager, Government and Regulatory Affairs. B. Presentation of the Dr. Charles H. Townes Supernova Award, the Boy Scouts top STEM award for Webelos, to Dalton Sidener, Webelos Scout, Pack 210 Chartered by the Big Corkscrew Island Volunteer Firefighter's Association recognizing his accomplishments. C. Recommendation to recognize Jonathan Harraden, Paramedic Company Officer, EMS as the Employee of the Month for October 2014. D. Recognition of Collier Area Transit as the recipient of the following awards presented by the Florida Public Transportation Association: Bus Safety (3rd Place); Print Collateral (2nd Place); Print - Instructional Information (1st Place); Signage & Graphic - Interior Bus (1st Place); and Internal Employee Communications (1st Place). E. Recognition of Collier Area Transit as the recipient of the 2014 Outstanding Transit System of the Year award presented by the Florida Public Transportation Association. F. Recognition of the county employees who were selected as winners of the Distinguished Public Service and Excellence in Public Service Awards bestowed by the Greater Naples Chamber of Commerce, in association with Naples Daily News. Congratulations to the winner of the Distinguished Public Service Award Isabelle Favier, Paramedic/Firefighter Company Officer, EMS; and winners of the Excellence in Public Service Award Jamie French, Deputy Administrator, Collier County Growth Management Division and Paul E. Mattausch, Director, Northeast Utilities Integration, Public Utilities Division. 6. PUBLIC PETITIONS A. Public Petition request from Judith M. Hushon, Ph.D. requesting that the Page 4 November 18, 2014 County take a regional approach to address sea level rise. Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item 8 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS A. This item requires that ex parte disclosure be provided by Commission members. All participants are required to be sworn in. Recommendation to consider a Resolution of the Board of Zoning Appeals providing for the establishment of a Conditional Use to allow a church within an Estates zoning district pursuant to Section 2.03.01.B.1.c.1 of the Collier County Land Development Code for property located on the northwest corner at the intersection of Everglades Boulevard and Randall Boulevard in Sections 19, 20, 29 and 30, Township 48 South, Range 28 East, Collier County, Florida. [CU-PL20110002615, The Church of Jesus Christ of Latter-Day Saints. PL20110002626/CPSS-2012-1 Small Scale GMPA]. (This item to be heard after Item 9C) Item 9 to be heard no sooner than 1:30 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS A. Recommendation to review and approve the 2014 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes and adopt an ordinance that updates the 5-year capital improvement schedules. B. Recommendation to consider an ordinance amending Ordinance Number 04- 41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two Page 5 November 18, 2014 - Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts, more specifically (1) to amend the permitted uses in the Agricultural and Estate districts to allow hogs to be kept for show by children enrolled in a 4- H development program, and (2) to amend the accessory uses in the Estate District to allow off-site retail sale of fruits, vegetables, and nursery plants grown on site; Chapter Four - Site Design and Development Standards, including Section 4.02.07 Standards for Keeping Animals; Chapter Five - Supplemental Standards, including Section 5.04.05 Temporary Events; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. C. Recommendation to deny the Everglades-Randall Subdistrict Small-Scale Amendment to the Golden Gate Area Master Plan Element of the Collier County Growth Management Plan, Ordinance 89-05, as amended, for transmittal to the Florida Department of Economic Opportunity Adoption Hearing (PL20110002626/CPSS-2012-1) (Companion to Petition CU- PL20110002615). 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to authorize the County Attorney to amend Ordinance 2005-44 to remove composting restrictions and to advertise for future consideration a new ordinance establishing composting regulations. (Commissioner Henning) B. This item to be heard in conjunction with Item 11D. Recommendation to consider the recommendations contained in the Conservancy of SW Florida's Oil Legislation Presentation. (Commissioner Fiala) C. Recommendation to approve a Resolution in support of the budget request made by the South Florida Ag Council to the Florida Legislature for continued funding of the Southwest Florida Research and Education Center, and to distribute resolution in the manner set forth below. (Commissioner Nance) 11. COUNTY MANAGER'S REPORT A. Recommendation to accept the Collier County Economic Development Strategic Plan. (Bruce Register, Business and Economic Development Director) Page 6 November 18, 2014 B. Recommendation to approve a $2,500,000 Grant Agreement with the State of Florida Department of Economic Opportunity for funding assistance for the County's Soft Landing Business Accelerator Project and approve necessary budget amendments. (Bruce Register, Business and Economic Development Director) C. Recommendation to waive formal competition and approve and authorize the Chairman to execute an agreement with Economic Incubators, Inc. ("EII") for administrative and management services associated with the Collier County Soft Landing Accelerator Project. (Bruce Register, Business and Economic Development Director) D. Recommendation to 1) consider and accept the report and presentation by AECOM Technical Services, Inc. regarding oil exploration/production in Collier County; 2) approve recommendations for the development of new state regulations to be presented, in coordination with Florida Department of Environmental Protection, to the Legislative Delegation. 3) direct the County Attorney's office and County Manager or his designee to develop zoning code changes including, but not limited to, a potential Conditional Use process for oil exploration/production wells that are within an identified distance to residential areas. (Nick Casalanguida, Growth Management Administrator) E. Recommendation to award Contract No. 14-6349 - Lely Area Stormwater Improvement Project (LASIP), County Barn Road Weir and Canal Improvements to D. N. Higgins, Inc., in the amount of$7,415,247.53. (Project No. 33384) (Jay Ahmad, Transportation Engineering Director) F. Recommendation to award a construction contract in the amount of $20,684,000 to Community Asphalt, Ft. Myers and reserve $2,004,000 on the purchase order for funding allowances, for a total of$22,688,000 for ITB #14-6342 - "Collier Boulevard (CR951) Roadway Capacity Improvements" (from Green Boulevard to Golden Gate Boulevard), (Project No. 68056) (Jay Ahmad, Transportation Engineering Director) G. Recommendation to select a method of collecting the $10,500 utilized for emergency repairs on Platt Road and authorize the advertisement of an Ordinance for the December 9, 2014 BCC meeting for final consideration. (Michelle Arnold, Alternative Transportation Modes Director) Page 7 November 18, 2014 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, accept staffs report on the status of efforts at the County's Airports over the past year. 2) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, provide preliminary guidance and next steps to Staff in addressing the resolution of Internal Audit Report 2014-3 Collier County Airport Authority - Campground (RV Park). 3) Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, direct staff to negotiate a new lease with RIFT Enterprises, Inc., d/b/a Immokalee Regional Raceway (IRR) pursuant to the resolution of all outstanding current lease issues. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve an Agreement for Purchase and Sale authorizing the sale of CRA owned property in the Gateway mini-triangle to Fortino Construction & Development, LLC for construction of a mixed-use development comprising residential, hotel and rooftop restaurant and retail uses. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current 13CC Workshop Schedule. 16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE Page 8 November 18, 2014 CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY ONE MOTION WITHOUT SEPARATE DISCUSSION OF EACH ITEM. IF DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, THAT ITEM(S) WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A. GROWTH MANAGEMENT DIVISION 1) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve the offsite removal of up to 10,500 cubic yards of excess fill from the Collier Area Transit Passenger Transfer Facility, Commercial Excavation Permit EXP-PL20140002163. The excess fill is a result of previously approved development lake excavation within the project site. 2) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Lakoya (AR-12021) and authorize the release of the maintenance security in the amount of $248,723.75. 3) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Valencia Lakes - Phase 5-A (AR- 4205) and authorize the release of the maintenance security in the amount of$94,956.13. 4) Recommendation to approve a Resolution for final acceptance of the private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Valencia Lakes - Phase 7-A (AR- 5749) and authorize the release of the maintenance security in the amount of$56,919. 5) Recommendation to approve final acceptance of the private roadway and drainage improvements for the final plat of Summit Place in Naples, Phase II (AR-6955) and authorize the acceptance of the plat dedications and release of the maintenance security (Performance Page 9 November 18, 2014 Bond) in the amount of$182,800.58. 6) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Breeze of Calusa, (Application Number PL20130001575) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security, and to accept an off-site donation of mitigating Preserve pursuant to Section 3.05.07 H.1 of the Collier County Land Development Code. (This item is a companion to Item #16E9) 7) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Bent Creek Preserve Phase Two, (Application Number PL20140001345) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Corsica at Talis Park, (Application Number PL20140001402) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 9) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Oyster Harbor at Fiddler's Creek Phase 1, (Application Number PL20140001944) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 10) Recommendation to authorize the Clerk of Courts to release Performance Bond No. 929558792 in the amount of$25,000 which was posted as a guaranty for Excavation Permit Number 60.083, (PL20120002276) for work associated with the Dunes. Page 10 November 18, 2014 11) Recommendation to approve final acceptance of the water and sewer utility facilities for Acqua di Treviso, PL20120002489, 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$38,832.15 to the Project Engineer or the Developer's designated agent. 12) Recommendation to approve final acceptance of the privately owned utility facility for Granada Shoppes - Chuck E. Cheese, PL#20130001893, and authorize the County Manager, or his designee, to release a Utility Performance Security (UPS) and Final Obligation Bond in the total amount of$5,675.25 to the Project Engineer or the Developer's designated agent. 13) Recommendation to approve the partial release of a code enforcement lien with an accrued value of$12,084.06, for payment of$2,284.06, in the code enforcement action entitled Board of County Commissioners v. Andrew D. Clarke and Sandra Ann Jones, Code Enforcement Special Magistrate Case No. CEPM20130010878, relating to property located at 6123 Manchester Place, Collier County, Florida. 14) Recommendation to approve the release of a code enforcement lien with an accrued value of$20,612.47, for payment of$562.47, in the code enforcement action entitled Board of County Commissioners v. John M. Ferner, Code Enforcement Special Magistrate Case No. CEPM20110012778, relating to property located 789 107th Avenue N., Collier County, Florida. 15) Recommendation to approve the release of a code enforcement lien with an accrued value of$199,000, for payment of$54,500, in the code enforcement action entitled Board of County Commissioners v. Norman C. Partington, Code Enforcement Special Magistrate Case No. CEPM20120003671, relating to property located 5761 Golden Gate Parkway, Collier County, Florida. 16) Recommendation to approve the release of a code enforcement lien with an accrued value of$399,000, for payment of$450, in the code enforcement action entitled Board of County Commissioners v. AMG Page 11 November 18, 2014 Properties, Inc., Code Enforcement Board Case No. 2007090454, relating to property located at 3831 Arnold Avenue, Collier County, Florida. 17) Recommendation to authorize a Mediated Settlement Agreement for the payment of$125,000 plus fees and costs for the taking of Parcel 112FEE in the case styled Collier County v. New Plan Florida Holdings, LLC for the improvements to the intersection of Collier Boulevard (C.R. 951) and US 41 (Project No. 60116) (Fiscal Impact:$132,763) 18) Recommendation to approve Agreement No. 4600003150 with the South Florida Water Management District for the continued collection of ground water quality samples in Collier County. 19) Recommendation to authorize the removal of aged accounts receivable in the amount of$3,175.72 considered uncollectible from the financial records of various Growth Management Division departments and the Airport Authority, in accordance with Resolution 2006-252. 20) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to adopt a Resolution amending Resolution 2009-302, relating to the Stewardship Sending Area with a designation as "BCI/BCP/SI SSA 13"; approving the extension of certain dates to December 15, 2017 in the Stewardship Sending Area credit agreement for BCI/BCP/SI SSA 13 and the Escrow agreement for BCI/BCP/SI SSA 13. 21) Recommendation to cancel the Adopt-a-Road Agreement with sponsor Naples Safe Driving Academy and to allow the roadway segment of Airport Road from Golden Gate Parkway to Radio Road to become available for adoption as part of the Adopt-a-Road Program. 22) Recommendation to approve one (1) Adopt-a-Road Agreement name change for the road segment of Airport Pulling Road from Golden Gate Parkway to Clubhouse Drive for the volunteer group Young Realty Group, and cancel the existing agreement with Lori Young Page 12 November 18, 2014 Florida Home Realty for the same road segment with two (2) recognition signs at a total cost of$60. 23) Recommendation to award Term Contracts for RFP #14-6212, "Annual Contract for Bridge Repairs and Maintenance" to Quality Enterprises USA, Inc. and Wright Construction Group, Inc. and authorize the Chairman to execute the standard agreements after County Attorney approval on behalf of the Board. 24) Recommendation to approve two full time positions within the Growth Management Division, Transportation Engineering Department, with the Classification Title of Inspector and to authorize the necessary budget amendment (fiscal impact $220,000). 25) Recommendation to approve the donation of between 10,000-15,000 CY's of beach quality sand from the Marco Island Marriott to be used in the Marco Island Central Beach re-grade project scheduled after November 1, 2015. 26) Recommendation to approve Change Order No. 2 to Purchase Order #45-151465, authorize the expenditure of Tourist Development Category "A" tax funds to provide engineer of record and construction engineering inspection services during the nourishment of the Naples Beach project by Atkins North American, Inc. under Contract No. 14- 6256 for time and material amount of$24,648.68, authorize necessary budget amendment, and make a finding that this item promotes tourism. 27) Recommendation to accept a proposal from CB&I Coastal Planning & Engineering dated October 22, 2014 for Collier County Creek Feasibility Analysis, approve a work order under Contract No. 13- 6164-CZ for a not to exceed amount of$59,807.44, authorize necessary budget amendment and make a finding that this item promotes tourism. 28) Recommendation to approve and execute a Modification to Florida Division of Emergency Management (FDEM) Subgrant Agreement HMGP #1785-027-R, to extend The Period of Performance completion deadline to August 31, 2015, in connection with the Lely Area Stormwater Improvement Project (LASIP)/Crown Pointe (Loch Page 13 November 18, 2014 Louise Weir) and Haldeman Creek Weir Replacements (Project #51101) 29) Recommendation to approve an Adopt-A-Road Program Agreement for the segment of Orange Blossom Dr. from Goodlette Frank Road to Airport Pulling Road, with two (2) recognition signs at a total cost of $60 with the volunteer group, Makara & Associates, LLC. 30) Recommendation to acknowledge and approve the "HITS Triathlon Series" event to take place in Collier County on January 10-11, 2015, including evening hours. 31) Recommendation to approve a proposed list of tentative Land Development Code Amendments for two 2015 Land Development Code Amendment Cycles. 32) Recommendation to review and approve the list of proposed projects to be submitted for the FY 2016 South Florida Water Management District Cooperative Funding Program. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners (BCC) acting in its capacity as the Community Redevelopment Agency (CRA) Board approve a budget amendment to the Collier County Community Redevelopment Agency - Immokalee (CRA) Fund (186) budget that reestablishes funding for the CRA's Commercial Facade Improvement Grant Program in the amount of$20,000 to cover a previously approved grant commitment. 2) Recommendation that the Collier County Board of County Commissioners (BCC) as the Collier County Community Redevelopment Agency (CRA) approve submission of the attached Letter of Intent and related Resolution to the Southwest Florida Regional Planning Council (RPC) memorializing the CRA's role as an active partner in carrying out the tasks related to the Federal Promise Zone designation for Immokalee. C. PUBLIC UTILITIES DIVISION Page 14 November 18, 2014 1) Recommendation to approve a work order for the first phase of the Livingston Road Force Main under Request for Quotation Number 14-6213-9, to Quality Enterprises USA, Inc., in the amount of $549,253.95, Force Main Technical Support (Project Number 70044). 2) Recommendation to approve a Change Order in the amount of $208,960 and add 162 days to Contract #13-6064 for "Asset Management Software and Consulting," with Woolpert, Inc. (Project #50105). D. PUBLIC SERVICES DIVISION 1) Recommendation to approve an Agreement with the Aquatic Boosters d/b/a Swim Florida for a competitive swim program at the Golden Gate Aquatic Center. 2) Recommendation to approve the First Amendment to Agreement #12- 5944 with Collier County Child Advocacy Council, Inc. to provide mandated services identified under Florida Statute 39.304(5). 3) Recommendation to approve the selection committee rankings and authorize entering into negotiations with Victor J. Latavish Architect, PA for a contract related to Request for Proposal Number 14-6338, "Eagle Lakes Community Park Pool Design Services." 4) Recommendation to approve substantial amendments to the U.S. Department of Housing and Urban Development Community Development Block Grant FY2011-2012, FY2012-2013, FY2013- 2014 and FY2014-2015 Annual Action Plans to reallocate unspent funds and approve a $479,000 subrecipient agreement for Youth Haven Safe and Secure Home for Collier Youth Phases II and III and a subrecipient agreement amendment for Goodwill Industries Microenterprise Program. 5) Recommendation to approve a substantial amendment to the U.S. Department of Housing and Urban Development Community Development Block Grant FY2014-2015 HUD Annual Action Plan and approve a subrecipient agreement amendment to increase the existing agreement by $94,685 for a total of$175,144 for the City of Naples Intersection Improvements. Page 15 November 18, 2014 6) Recommendation to approve Amendment #0002 to the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Agreement with the Department of Children and Families and the associated Subrecipient Agreement with NAMI of Collier County, Inc. to reflect a staffing change to support a .75 Peer Counselor position provided by NAMI of Collier County and add State and Federal Laws, Rules and Regulations. 7) Recommendation to approve the Collier Area Transit Bus Stop Americans with Disabilities Act Assessment. 8) Recommendation to approve Fourth Amendment to Agreement with the Immokalee Community Redevelopment Agency for the Community Development Block Grant Economic Development Assistance project to extend the completion date and update reimbursement language. 9) Recommendation to award Invitation to Bid (ITB) No. 15-6360 for Fitness Equipment Repair and Purchase to Tropic Gym Tech, LLC. 10) Recommendation to approve the Collier County University Extension Department's request for funding from the Collier County 4-14 Association in the amount of$82,000; approve a subsequent acceptance of requested funds; authorize the Chairman to sign a Memorandum of Understanding with Collier County 4-H Association; and authorize the necessary Budget Amendment. 11) Recommendation to approve the necessary budget amendments to reflect estimated funding for the Calendar Year 2015 Older Americans Act Programs (Net Fiscal Impact $807,677). 12) Recommendation to recognize carry forward from accrued interest in the amount of$388.17 from State Aid to Library Grants revenue and appropriate those funds for expenditures on library materials, services, and equipment. 13) Recommendation to approve the Criminal Justice Mental Health & Substance Abuse Reinvestment Grant Memorandum of Understanding with several community partners in order to meet a grantor Page 16 November 18, 2014 compliance requirement. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to recognize and appropriate FP&L rebates and vendor reimbursements for Air Conditioner Maintenance Projects (52162) within the County-Wide Capital Projects Fund (301). 2) Recommendation to award ITB #14-6350 "Plumbing Contractors" to BC Plumbing Service of Southwest Florida, Inc. as the primary vendor and Shamrock Plumbing and Mechanical, Inc. as the secondary vendor for plumbing services and authorize the Chairman to execute the contracts. 3) Recommendation to ratify Property, Casualty, Workers Compensation and Subrogation claim files settled and/or closed by the Risk Management Director pursuant to Resolution 2004-15 for the fourth quarter of FY 14. 4) Recommendation to recognize carry-forward from accrued interest earned by EMS County Grant revenue and appropriate funds for a total amount of$47.71. 5) Recommendation to award bid #14-6253 Communication Services to Aztek Communication of South Florida, Inc. 6) Recommendation to approve four (4) First Florida Integrity Bank Agreements for Contract #2014-001 Master Banking Services, accept the Electronic Banking Terms and Conditions Agreement, and authorize the Chairman to execute these County Attorney reviewed documents. 7) Recommendation to execute a Third Amendment to Lease Agreement with Naples Zoo, Inc. redefining the leased area to include the expanded 8.5 acre primary parking area. 8) Recommendation to approve Second Amendment to License Agreement with Summit Broadband Inc. to add an area for the Licensee's permanent generator. Page 17 November 18, 2014 9) Recommendation to approve a standard Donation Agreement that allows Green Palm Investments, Inc. to donate a 1.14 acre parcel along with a management endowment of$4,020 to the Conservation Collier Land Acquisition Program under the offsite vegetation retention provision of the Land Development Code LDC Sec 3.05.07H.1.f.iii.b), at no cost to the County, and authorize the Chairman to sign the Donation Agreement and staff to take all necessary actions to close. (This item is a companion to Item #16A6) 10) Recommendation to approve the payment of two invoices from Cover All, Inc. d/b/a Ron's Jons Porta Potty Rental for painting services at Veterans Community Park and East Naples Community Park. 11) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2014-15 Adopted Budget. 2) Recommendation to accept five Florida Sports Foundation Grant awards to support Sports Tourism events totaling $25,200, authorize all necessary budget amendments, authorize Chairman to execute, and make a finding that this item promotes tourism. 3) Recommendation to approve the agreement between Football University, Inc, and Collier County in support of the National FBU Youth Football Championships in December 2014, authorize the Chairman to execute the agreement and make a finding that this expenditure promotes tourism. 4) Recommendation to approve Second Amendment to Temporary Use Agreement with Kraft Office Center, LLC, extending the lease term to December 15, 2014, for the continued no cost use of furnished office space for the initial implementation of the Soft Landing Business Accelerator Project. G. AIRPORT AUTHORITY Page 18 November 18, 2014 H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to reappoint two members to the Ochopee Fire Control District Advisory Committee. 2) Recommendation to appoint two members to the Immokalee Enterprise Zone Development Agency. 3) Recommendation to reappoint member to the Immokalee Beautification MSTU Advisory Committee. 4) Recommendation to appoint members to the Parks and Recreation Advisory Board. 5) Recommendation to reappoint one member to the Collier County Citizens Corps. 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Press Club Luncheon on October 23, 2014. The sum of$25 to be paid from Commissioner Fiala's travel budget. 7) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon on October 16, 2014. The sum of$18 to be paid from Commissioner Fiala's travel budget. 8) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended lunch on November 3, 2014 with Julie Cerach and Susan Lawson to discuss speech for a future Luncheon. The sum of$12.02 to be paid from Commissioner Fiala's travel budget. 9) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended lunch on October 17, 2014 with Phil Brougham to discuss Fiddlers Creek and fire services. The sum of$18.50 to be paid from Commissioner Fiala's travel budget. Page 19 November 18, 2014 MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve a budget amendment recognizing Federal HHS Vote Program Grant Award 2010 Funds for Voting Accessibility for Individuals with Disabilities in the amount of $8,616.34. 2) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of October 23, 2014 through October 29, 2014. 3) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of October 30, 2014 through November 5, 2014. 4) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of November 6, 2014 through November 12, 2014. K. COUNTY ATTORNEY 1) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Walsh Trucking, Inc., and Steven F. Ames, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages in the amount of$19,657.50, plus costs of the litigation. 2) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Mark Merring in the County Court in the Twentieth Judicial Circuit, Collier County, Florida to recover damages for costs of repair and replacement of a street light in the amount of$4,254.92, plus the costs of litigation. 3) Recommendation to direct the County Attorney to pursue an appeal in the case entitled Penny Phillippi v. Collier County, Case No. 14-416- Page 20 November 18, 2014 CA. 4) Recommendation to approve a Settlement Agreement in the sum of $69,000 and direct the County Attorney to file all documents necessary to end with prejudice the lawsuit styled Evelyn Prieto v. Collier County Board of County Commissioners, Case No. 2:13-cv- 00489-SPC-CM, now pending in the United States District Court, Middle District of Florida Fort Myers Division. 5) Recommendation to reject a written Settlement Offer presented by Plaintiff Susanna Capasso in the lawsuit styled Susanna Capasso v. Collier County (Case No. 2:12-cv-499-FtM-99DNF) now pending in the United States District Court, Middle District of Florida Fort Myers Division and to direct the County Attorney to proceed with the defense of the lawsuit currently scheduled for trial in December 2014. 6) Recommendation to reject a Settlement Offer presented by Plaintiff Don Edwards in the lawsuit styled Don Edwards v. Collier County (Case No. 09-611-CA) now pending in Circuit Court in Collier County and to direct the County Attorney to proceed with the defense of the lawsuit currently scheduled for trial in December 2014. 7) Recommendation to approve a Settlement Agreement reached at mediation in the case styled Collier County Board of County Commissioners v. the Kirk Family Trust, and the Las Brisas Neighborhood Association, Inc., requiring Defendants to collectively reimburse the County for the full amount of damages totaling $33,333. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE Page 21 November 18, 2014 HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2014-15 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 22 November 18, 2014 November 18, 2014 MR. OCHS: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Thank you. Good morning, everybody. Would you please silent your cell phones or turn them on vibrate to help us with our proceedings today. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE — FATHER PHILEMON PATITSAS FROM ST. KATHERINE'S GREEK ORTHODOX CHURCH - INVOCATION GIVEN CHAIRMAN HENNING: And Commissioner Taylor? I think it's most appropriate for you to join us for the invocation and the Pledge of Allegiance at the dais, please. The invocation will be given by Father Philemon Patitsas from St. Katherine's Greek Orthodox Church. And if you would all rise. FATHER PATITSAS: In the name of the Father and the Son and the Holy Spirit. This is the day that the Lord has made, we will rejoice and be glad in it. Blessed be the name of the Lord henceforth and forevermore. We pray, Christ our God, that you will bless these chambers and all those here gathered and all the current Commissioners and Penny Taylor, who is about to be sworn in in this chamber, that you will make all of their meetings peaceful and that many blessings may come into the City of Naples through all of their work and through all of their attention. We pray also Lord that you will keep us mindful of the very great freedoms that we enjoy in this country, especially through our Constitution, and that you will keep us free, and that you will keep us Page 2 November 18, 2014 mindful of those people who are suffering in the world, in Naples here who are hungry and who are without homes, and those people who are suffering throughout the world, especially those who are suffering because they are being persecuted for their faith, especially those Christians. We ask this in your name, for your holy and blessed now and forever into ages of ages. Amen. CHAIRMAN HENNING: Ms. Taylor, would you lead us in the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) CHAIRMAN HENNING: Now, would -- we have the honor to all witness Commissioner Penny Taylor being sworn in by Judge Christine Greider. Item #1B SWEARING IN CEREMONY FOR COMMISSIONER TAYLOR DISTRICT 4, CONDUCTED BY JUDGE CHRISTINE GREIDER — SWORN IN COMMISSIONER TAYLOR: Thank you. I've come to rely on a lot of sources in my life. Frankly, I figured out I need a lot of help. And I've asked four special people to say some words after I've been sworn in. JUDGE GREIDER: Good morning. Ladies and gentlemen, the oath of office that is administered to public officers is found in Article 2, Section 5 of our Florida Constitution. Please raise your right hand and repeat after me. I do solemnly swear or affirm. COMMISSIONER TAYLOR: I do solemnly swear or affirm. JUDGE GREIDER: That I will support, protect and defend. COMMISSIONER TAYLOR: That I will support, protect and Page 3 November 18, 2014 defend. JUDGE GREIDER: The Constitution and Government. COMMISSIONER TAYLOR: The Constitution and Government. JUDGE GREIDER: Of the United States. COMMISSIONER TAYLOR: Of the United States. JUDGE GREIDER: And the State of Florida. COMMISSIONER TAYLOR: And the State of Florida. JUDGE GREIDER: That I am duly qualified to hold office. COMMISSIONER TAYLOR: That I am duly qualified to hold office. JUDGE GREIDER: Under the Constitution of the State. COMMISSIONER TAYLOR: Under the Constitution of the State. JUDGE GREIDER: And that I will well and duly. COMMISSIONER TAYLOR: And that I will well and duly. JUDGE GREIDER: Faithfully perform the duties. COMMISSIONER TAYLOR: Faithfully perform the duties. JUDGE GREIDER: Of Collier County Commissioner. COMMISSIONER TAYLOR: Of Collier County Commissioner. JUDGE GREIDER: On which I am now about to enter. COMMISSIONER TAYLOR: On which I am now about to enter. JUDGE GREIDER: So help me, God. COMMISSIONER TAYLOR: So help me, God. JUDGE GREIDER: Congratulations. (Applause.) COMMISSIONER TAYLOR: And now I would like to ask my four guests to come forward, please. As I said, these four men have been a big part of my life for many years, and I've asked them now to say a few words. Page 4 November 18, 2014 So the first one is the Reverend Michael Basden. He is the leader of my church, Trinity by the Cove. REVEREND BASDEN: I'm just going to pray, which is sort of what I do. Let us pray. The Lord our Governor whose glory is in all the world, we commend this nation and most especially Collier County to your merciful care, that being guided by your providence we may dwell secure in your peace. Grant our County Commission and now especially your servant Penny Taylor and to all in authority, wisdom and strength to know and to do your will. Fill them with the love of truth and righteousness, and make them ever mindful of their calling to serve your people in honor, respect and concern. In Jesus Christ our Lord who lives and reigns with you and the Holy Spirit, one God, world without end, Amen. Episcopalians are sort of short. We just shorten it. COMMISSIONER TAYLOR: This is Pastor Paul. Pastor Paul is the pastor of the First Church of the Nazarene on Bayshore, the Haitian Church of the Nazarene. PASTOR PAUL: As I am Haitian, before I pray I am going to read a few verses, but I am going to read it in my language. And when I finish reading, I'm going to leave the Creole Bible to the brand new Commissioner. It's Joshua, Chapter 1. I'm going to read only verse 2 through 9. (At which time, Pastor Paul reads and prays in Creole.) COMMISSIONER TAYLOR: And the next man of God is Rabbi Fishel. He is the director of the Chabad of Naples, and his wife runs a fabulous Preschool of the Arts. It's connected to the Chabad. RABBI FISHEL: That's my claim to fame, my wife Ettie. Good morning. So a pastor and a rabbi are invited to -- (laughter) -- to deliver consecutive invocations at a Commissioners' meeting in Collier County, Florida. There's got to be a punchline in there Page 5 November 18, 2014 somewhere. Just fill in your own. I'm honored to stand in the presence of such distinguished individuals who devote their lives to better the lives of others. In her own words, when Penny Taylor ran for County Commission she said, and I quote, what I stand for in a word is integrity. It is a big word that has been at the heart of my life and my service to my community. As we gather here to recognize and give thanks for those who dedicate their lives to public service, we give thanks to the successful candidate and pray that she will continue to respond to and serve the electorate with honor and humility. It is always gratifying when a woman with Penny's political experience comes forth with an agenda like this. We have witnessed evidence of Penny's integrity at the municipal level and now we will experience it at the county level. In addition to this, her expertise as a first class photojournalist is also widely known. And we have been personal recipients of her talent on occasion at the Preschool of the Arts. She has captured in photos many memorable moments for Chabad Preschool unique and creative ways which remain as permanent milestones in our history here in the community. Our hope is that she's able to bring a unique fresh and creative perspective to the decision-making of this Commission. At the work of this Commission begins with this meeting, we hope and pray that all the commitments and promises that attract you to this way of life will remain with you through good times and trying times, and that your concepts of freedom, fairness, civic duty and responsibility will be foremost in your practice of maintaining stewardship of our natural world. May you be gifted with continuing compassion, understanding and inclusiveness and always treasure the values of dignity and respect for the people with whom you deal. God of Heaven, Master of the world, look favorably and bless the Page 6 November 18, 2014 members of the Board of County Commissioners gathered here today. Look favorably and bless these distinguished individuals chosen by thousands of people who have placed their faith and confidence in them to make laws and decisions for them and their families. Give them the wisdom to enact laws which will bring ethics and values into our beautiful and precious community. May he who makes peace on high may bring peace upon us and upon all humanity. God bless America, God bless Collier County, Naples, Florida. Thank you all. COMMISSIONER TAYLOR: And finally but not least, Pastor Lonnie Mills, the pastor at the Macedonia Missionary Baptist Church on Tenth Street. PASTOR MILLS: Thank you and good morning. It is a blessing to be here this morning. I'm reminded, Ms. Taylor, as the Scripture says, behold how good and how pleasant it is for brethren to dwell together in unity. That's the Scripture. But I want to say to you, it is good for you to be on board with this great County Commissioner team. We feel that you're going to do a wonderful job. We feel that you're going to speak up for right. We feel that you have the integrity to do nothing else but to do the right thing. But I want to remind you in that there are going to be some tough times. But if you stay focused and keep your focus on your job, keep your focus on God, you will make the right decision. That being said, let us pray. Father God, in the name of Jesus, the Christ of Nazareth, we thank you for this opportunity, we thank you for this great City of Naples, we thank you for this great County of Collier. We thank you for this great Board of County Commissioners, one by one, name by name. And we especially thank you for Ms. Penny Taylor who has Page 7 November 18, 2014 embarked to take on the responsibility of this task and this job. We ask you to grant her with many blessings, grant her with understanding and grant her with knowledge that she will always do the right thing. In Jesus' name we pray, Amen. (Applause.) CHAIRMAN HENNING: Ms. Taylor, please join us. You'll find in your seat a seat belt for today's proceedings. It could be a two-day proceeding. We'll let you out for break. And I think we have some water there for you. County Manager is going to walk us through the change sheet today. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Good morning, Commissioners. Thank you, Mr. Chairman. These are your proposed agenda changes for the Board of County Commissioners' meeting of November 18, 2014. The first proposed change is to move Item 10.B to Item 5.G under presentations. This is a request by Commissioner Fiala related to the item regarding The Conservancy of Southwest Florida's oil legislation presentation. The next proposed change is to withdraw Item 14.B.1. That was a purchase and sale agreement for CRA owned property in the Gateway Mini Triangle. That item is withdrawn at the purchaser's request. The Board had received correspondence from the purchaser's Page 8 November 18, 2014 legal counsel with details on that earlier today. We have two agenda notes this morning, Commissioners. The first is on Item 16.A.27. That item in the title referred to the Collier Creek Feasibility Analysis as the Collier County Creek Feasibility Analysis, so we're striking the word "County" to make that correct both in the title and in the body of the executive summary. And the final change -- or excuse me, final note is on Item 16.H.2. That was an advisory board appointment to your Immokalee Enterprise Zone Development Authority, and that is to correct the home address of Cynthia Lazano. It was listed as Immokalee, Florida, it is actually in Lehigh Acres, Florida. That change was brought to our attention by Commissioner Fiala. We have two -- excuse me, three public hearing items that will begin after 1:30 this afternoon, Commissioners. And as always, we have your court reporter breaks scheduled for 10:30 a.m. and 2:50 p.m. Those are all the changes I have, Mr. Chairman. CHAIRMAN HENNING: Thank you. County Attorney? MR. KLATZKOW: No changes, sir. CHAIRMAN HENNING: Let me start with myself on ex parte communication, any further changes on the agenda. It goes like this: I have no ex parte communication on today's consent agenda and I have no ex parte communication on today's summary agenda. I may have communications on today's regular agenda, but I'll give that later on. The only change that I have would be Item 14.B.1. A contract is between two parties, this one being with Fortino and Partners and the Board of Commissioners. A contract is something that is negotiated. We haven't had a chance to do the final negotiation. So I would want that item to stay on today's agenda for further consideration and discussion with the two parties. COMMISSIONER FIALA: It would be great, but they've Page 9 November 18, 2014 already withdrawn their offer. CHAIRMAN HENNING: Well, they wrote us a letter stating why. There were some objections to -- additions to the contract. Now if, you know, again, I think it's -- could be something negotiable. Mr. Saunders? MR. SAUNDERS: Mr. Chairman, we will be here, if that's the desire of the County Commission. CHAIRMAN HENNING: Okay. Now, let me start with my left. Commissioner Nance? COMMISSIONER NANCE: Mr. Chairman, thank you. I have no further changes to the agenda on today's regular agenda. On Item 8.A, which is the Church of Latter Day Saints Conditional Use petition, I've read the staff report, I've had meetings with Mr. Anderson, the petitioner's attorney, and I had meetings and discussions with staff. I have no ex parte communication for today's consent agenda or today's summary agenda. CHAIRMAN HENNING: Thank you. Commissioner Hiller? COMMISSIONER HILLER: No ex parte communication and no proposed changes to the agenda. CHAIRMAN HENNING: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, on the consent agenda today I have ex parte, I have -- on item number 16.A.6, which is Breeze of Calusa application, I had correspondence, emails and updates from staff. On 16.A.7, which is Bent Creek Preserve, I had correspondence and emails and updates from staff. And on 16.A.9, I had correspondence, emails and updates with staff. Page 10 November 18, 2014 And I have no ex parte on the summary agenda. CHAIRMAN HENNING: Commissioner Taylor? COMMISSIONER TAYLOR: I have an ex parte Item 8.A, which is the issue about the Church of Jesus Christ of Latter Day Saints. I had a phone call with the attorney. But other than that, there's no other disclosures. CHAIRMAN HENNING: Entertain a motion to approve today's changes as submitted by the County Manager, with the exception of withdrawing Item 14.B.1. COMMISSIONER NANCE: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion and second to approve today's agenda as amended. All in favor? COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Page 11 Proposed Agenda Changes Board of County Commissioners Meeting November 18,2014 Move Item 10B to Item 5G: This item to be heard in conjunction with Item 11D. Recommendation to consider the recommendations contained in the Conservancy of SW Florida's Oil Legislation Presentation. (Commissioner Fiala's request) Note: Item 16A27 Executive Summary title and index title should read: Recommendation to accept a proposal from CB&I Coastal Planning& Engineering dated October 22,2014 for Collier Get Hity Creek Feasibility Analysis,approve a work order under Contract No. 13-6164-CZ for a not to exceed amount of$59,807.44,authorize necessary budget amendment and make a finding that this item promotes tourism. (Staffs request) Item 16H2: The correct address for Cynthia Lozano is 617 Weston Road,Immokalee FL Lehigh Acres FL 33936 (Commissioner Fiala's request) 11/18/21114 8:28 AM November 18, 2014 Item #2B & #2C REGULAR BCC MEETING MINUTES FOR OCTOBER 14, 2014 AND OCTOBER 28, 2014 — APPROVED AS PRESENTED CHAIRMAN HENNING: Entertain a motion to accept the minutes of October 14th, 2014, BCC regular meeting and October 8th (sic), 2014 BCC regular meeting. COMMISSIONER NANCE: I move approval, Mr. Chairman. COMMISSIONER FIALA: And I second that, just saying that it's October 28th for the BCC meeting. CHAIRMAN HENNING: Thank you. Motion and a second. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS — ADOPTED Item #4A PROCLAMATION DESIGNATING NOVEMBER 25, 2014 AS ST. Page 12 November 18, 2014 KATHERINE GREEK ORTHODOX CHURCH DAY. ACCEPTED BY DR. JOHN KLEMES, PARISH COUNCIL 2ND VICE PRESIDENT — ADOPTED 5/0 CHAIRMAN HENNING: Now we'll go to proclamations. MR. OCHS: Item 4.A is a proclamation designating November 25th, 2014 as St. Katherine Greek Orthodox Church Day, to be accepted by Dr. John Klemes, Parish Council 2nd Vice President. This item is sponsored by Commissioner Hiller. If you would please step forward and receive your proclamation from the County Commission. (Applause.) MR. OCHS: Please step forward, sir. CHAIRMAN HENNING: Proclamation, picture and then you can say a few words. DR. KLEMES: I accept this proclamation and I thank you all. CHAIRMAN HENNING: Picture first and then you can go to the microphone. MR. OCHS: One more, please, sir. CHAIRMAN HENNING: Just state your name for the record when you speak. DR. KLEMES: Good morning. I'm Dr. John C. Klemes. I represent the St. Katherine's Greek Orthodox Church of Naples. With several conversations with Catherine Bigelow, I guess they call her the Cat, she said to limit my acceptance with an "I accept." However, I'm not going to do that this morning. I want to -- I appreciate it and I humbly receive this proclamation for our parish. And I want to thank all of you, especially County Commissioners, and also our good friend and our Commissioner, Georgia Hiller, who has been with us on several occasions. And I thank you all for being here for the acceptance. Page 13 November 18, 2014 (Applause.) COMMISSIONER HILLER: I want to thank you all for being here today. St. Katherine's has been an incredible parish and has done so much for our community, not only in North Naples but for the whole county. One very significant event is coming up that they host and that's the Greek Festival. Dr. Klemes, would you like to tell everybody when that is to make sure no one misses it? I know that people would be very unhappy without their baklava fix, so -- DR. KLEMES: Our festival, as many of you know, is an annual event, not only for our parish but for all of those in Naples. This year it's going to be February 6th, 7th and 8th. We intend to have a bigger festival than we had last year. I hope many of you attend it. But this year is going to be much bigger. And we're also going to feature our mascot, Yanni. He's an Evzone. And any of you -- many of you probably don't know what an Evzone is. But he's a national soldier of Greece. However, I appreciate this. Thank you again, Georgia Hiller. Thank you, Commissioners. I hope to see you there. COMMISSIONER HILLER: And one last word and that is that Father Philemon and St. Katherine's is dedicated as a parish and through their leadership to religious freedom, freedom from persecution. And I want to commend Commissioner Taylor for your ceremony this morning, for, you know, bringing to light the importance of spirituality in all that we do. It ties in with the proclamation in recognizing St. Katherine's. Congratulations again. COMMISSIONER TAYLOR: Thank you. DR. KLEMES: As a matter of fact, Commissioner Hiller, if I may take another minute? Page 14 November 18, 2014 It's probably not apropos to say what I'm going to say, but I'm going to say it anyway. I have some pens in my pocket and I'd like to leave them with the Commissioners, if that's acceptable. These pens are a Christian endeavor to fund for those unfortunate Christians in the Middle East. So may I step forward and give them to the Commissioners? CHAIRMAN HENNING: Yes. COMMISSIONER HILLER: Thank you. COMMISSIONER FIALA: Where can we send a check for these? FATHER PATITSAS: Is it possible I might give a short explanation of what it is? It's a pen that says, I too am a Nazarene. As you know, the Christians in the Middle East are being systematically murdered and destroyed. And so the pen is meant to show that we have a solidarity with all those people who are suffering in the name of Christ. And if you could support the project, we would be very grateful. CHAIRMAN HENNING: Your name for the record? FATHER PATITSAS: My name is Father Philemon Patitsas. CHAIRMAN HENNING: Thank you. FATHER PATITSAS: I'm the priest of St. Katherine. CHAIRMAN HENNING: Next proclamation? Item #4B PROCLAMATION DESIGNATING NOVEMBER 2014 AS JOIN SCOUT MONTH. ACCEPTED BY BURT SAUNDERS, BOY SCOUTS OF AMERICA DISTRICT CHAIRMAN; TOM BIRCH, DISTRICT COMMISSIONER; JAMES GILES, DISTRICT EXECUTIVE; GRAE SIDENER, STEM/NOVA PROGRAM CHAIR - ADOPTED Page 15 November 18, 2014 MR. OCHS: Item 4.B is a proclamation designating November, 2014 as Join Scout Month. To be accepted by Burt Saunders, Boy Scouts of America District Chairman; Tom Birch, District Commissioner; James Giles, District Executive; Grae Sidener, STEM/NOVA Program Chair. This item is sponsored by Commissioner Henning. If you'd please step forward. (Applause.) CHAIRMAN HENNING: We got all the pictures? All right. Great, thank you. Congratulations, boys, go back to school now. MR. GILES: My name is James Giles and I'm the District Executive for scouting in Collier County. Good morning and thank you for affording us the honor of your proclamation. The Boy Scouts of America in Collier County depends on the support of the community. And in return the local community reaps the benefit of countless service hours, including Eagle Scout projects. Conservation Collier, Junior Deputy Camp, the School District of Collier County, Lighthouse of Collier, the Veterans League, Freedom Memorial and many, many others have received projects and service hours by scouting units and individuals. Communities across the country, including ours, hold the expectation that scouting should be available for every boy within its borders. I'm proud to say that our volunteer organization has program sites from Immokalee to Marco Island, from downtown Naples to the far reaches of the Estates. Scouting in Collier County would not exist without the direct support of the Collier County Commission and its agencies. This includes involvement with the United Way and encouragement of employees to give back to the community at large. A community's expectation of scouting to be available for every young Page 16 November 18, 2014 man is only as effective as that community's willingness to support it. Collier County supports scouting. Thank you. I would now like to introduce Burt Saunders, Collier County's Volunteer Scouting Chairman. MR. SAUNDERS: James, thank you. Just a couple words about scouting. Scouting has been in existence for over 104 years delivering character development and career education in the United States. And the scouting program is just as relevant today as it was 104 years ago. The mission of the Boy Scouts of America is to prepare young people to make ethical and moral choices over their lifetimes by instilling in them the values of the scout oath and the scout law. We've had tremendous success here in Collier County. You probably aren't aware that there are 1,300 youth members in scouting. There are almost 600 volunteers to work with those 1,300 youth. We have one paid professional, James Giles, who does an excellent job. And you can imagine his evening schedules with all of the scouting efforts that he has to put out. We have some of the highest summer camp rates that we've ever had, and we also offer camper scholarships to any boy that needs assistance in getting to a scout camp in terms of financial assistance and equipment. We make sure that no boy is left behind, if you will, in terms of that. We have a new program, it's a STEM program: Science, Technology, Engineering and Math. And you're going to be hearing a little more about that in a few minutes. And we have our first super NOVA aware winner, Dalton Sidener, that's on your green there. One of the best examples I think of the successful scouting in Collier County is another statistic: Four percent of Boy Scouts across the country earn their Eagle. In Collier County that percent is nine percent. So we're doing more than double the national average, which I Page 17 November 18, 2014 think is a real tribute to the volunteers, as well as the quality of the youth programs that we have. Our goal for the coming year is to build partnerships and raise funds necessary to recruit more children, more young scouts, and to train more volunteers to serve them. With your continued support, I'm confident that we will achieve the following goal, which is to have 1,500 scouts by this time next year. On behalf of the 1,900 scouts and volunteers, I want to thank the Collier County Commission for its support. This type of recognition of the scouting program in Collier County is very important, and we certainly do appreciate it. So thank you very much for the proclamation. (Applause.) CHAIRMAN HENNING: Next proclamation? Item #4C PROCLAMATION RECOGNIZING A NEW WASTE REDUCTION AWARD PROGRAM RECIPIENT POSITANO PLACE OF NAPLES. ACCEPTED BY MR. JACK HEDENSTROM, LCAM, CMCA, COMMUNITY ASSOCIATION MANAGER AND MR. TOM NIGRO, ASSOCIATION TREASURER - ADOPTED MR. OCHS: Item 4.0 is a Proclamation recognizing a new waste reduction award program recipient, Positano Place of Naples, to be accepted by Mr. Jack Hedenstrom, Community Association Manager; Mr. Tom Nigro, Association Treasurer. And this proclamation is sponsored by Commissioner Henning. If you'd please step forward, gentlemen. Page 18 November 18, 2014 (Applause.) CHAIRMAN HENNING: Next proclamation? Item #4D PROCLAMATION DESIGNATING NOVEMBER 18, 2014 MARY ELLEN HAWKINS APPRECIATION DAY IN COLLIER COUNTY. ACCEPTED BY MARY ELLEN HAWKINS - ADOPTED MR. OCHS: Item 4.D is a proclamation designating November 18, 2014 Mary Ellen Hawkins Appreciation Day in Collier County. To be accepted by Representative Mary Ellen Hawkins. This item is sponsored by both Commissioner Henning and Commissioner Taylor individually. And Mr. Chair, I understand that we're going to read this proclamation. COMMISSIONER TAYLOR: Do I read it from here or read it from there? CHAIRMAN HENNING: Whatever your preference is is fine. COMMISSIONER TAYLOR: I'd like to stand. CHAIRMAN HENNING: You can stand right in front of us, face the audience. COMMISSIONER TAYLOR: Pay attention, Collier County. This woman is a visionary. WHEREAS, Representative Hawkins moved to Naples in 1972 and was elected to the House District 89 in 1974 as the first Republican and the first female Representative elected to the Florida House from Naples. She served in the Florida House for 10 terms until her retirement in 1994. Representative Hawkins still remains the longest serving State Representative from Collier County; and WHEREAS, Mary Ellen Hawkins is a former Member of the Page 19 November 18, 2014 Florida House of Representatives from Naples, Florida. An Alabama native, Representative Hawkins graduated from the University of Alabama, went on to be a newspaper reporter, teacher and a congressional aide to several congressmen for over 10 years before her service in the Florida House of Representatives; and WHEREAS, while in the Florida legislature Representative Hawkins played a leading role on legislative committees with jurisdiction over growth management, the environment, transportation, education, tourism and appropriations; and WHEREAS, in 1976 Representative Hawkins worked tirelessly for legislation to create the Big Cypress Basin within Southwest Florida Water Management District. This single piece of legislation has had a significant impact on Southwest Florida and its development as a first class community; WHEREAS, in 1989 Representative Hawkins helped to secure $3.4 million in funding from the State of Florida for the Naples Philharmonic Center For the Arts, which is now a nationally recognized facility; WHEREAS, after Representative Hawkins returned from the Florida House she continued to have a strong influence on Southwest Florida. She was appointed by Governor Jeb Bush to a second three-year term as a member of the governing board of the Big Cypress Basin where she served as vice chair; WHEREAS, in 1998 the Basin's headquarters was named the Mary Ellen Hawkins Building for her dedicated service; WHEREAS, citizens of Collier County express their appreciation for her many contributions and outstanding efforts to promote the well-being of the residents of Collier County, and her initiatives have had and will continue to have a significant effect on sustaining the quality of life for generations to come. NOW THEREFORE be it proclaimed by the Board of County Page 20 November 18, 2014 Commissioners of Collier County, Florida that November the 18th be designated as Mary Ellen Hawkins Appreciation Day in Collier County. (Applause.) MR. OCHS: Can we get a photo, please, with the Commissioners? REPRESENTATIVE HAWKINS: I gratefully accept. COMMISSIONER FIALA: Do you want to say some -- oh, there she goes. REPRESENTATIVE HAWKINS: I'm Mary Ellen Hawkins. And as I said, I gratefully accept this. When I first moved to Naples, first came to Naples, it felt like home. It still feels like home. And though I'm leaving Naples, moving to Tallahassee, I'm not leaving because I no longer like Naples. I'm leaving because I -- for my health I need to do that. So I will never forget Naples. It's home. And if there's anything I can do for you, any of you in Tallahassee, let me know. I'm used to that. Thank you so much. (Applause.) MR. OCHS: Item 4.E is a -- COMMISSIONER HILLER: Mary Ellen, over here. Mary Ellen, four years ago you inducted me. It's so fitting that we're honoring you today. I'm going to miss you so much. You are such a wonderful person. You have done so much for this community, you've done so much for everyone who you have touched in your life. And we are so grateful to you. My son is going to be in Tallahassee. He's going to take you out partying. So I just want you to know. REPRESENTATIVE HAWKINS: I'm going to adopt him. COMMISSIONER HILLER: And I would say to that I would be very grateful. Page 21 November 18, 2014 I love you very much. Congratulations. REPRESENTATIVE HAWKINS: Thank you. COMMISSIONER TAYLOR: Mary Ellen, as a new Commissioner here, but as someone who's been in this community for almost 35 years, your name has always been on everyone's lips. I knew about you in the City Hall. Everyone said Mary Ellen Hawkins, Mary Ellen Hawkins. And when I learned what you did for women in sports, how you stood up and you said you give money to these universities for boys and you don't give it to girls? You're not getting the money. That takes so much courage and so much integrity, and I just am so blessed to have known you. And God speed on your future and I'll be looking you up in Tallahassee. REPRESENTATIVE HAWKINS: Thank you. CHAIRMAN HENNING: I have a Representative Mary Ellen Hawkins story. Back in the mid -- early to mid Eighties, Representative Hawkins had a Town Hall meeting in Golden Gate at the Golden Gate Community Center. I attended in my work clothes and it was in the evening. Sparsely attended but really informative. I stayed back just to comprehend what was taking place. Representative Mary Hawkins came to the back of the room after the meeting and introduced herself. She said, what's your name young man? And I introduced myself. And she says, is there anything I can do for you in Tallahassee? And gave me her card. And I was such in awe of meeting somebody, a great representative that would recognize the common person. Thank you. COMMISSIONER FIALA: Beautiful story. (Applause.) REPRESENTATIVE HAWKINS: If you keep this up, I can't go. COMMISSIONER HILLER: We're not letting you go. CHAIRMAN HENNING: Okay. Next proclamation? Page 22 November 18, 2014 Item #4E PROCLAMATION RECOGNIZING THE 60TH ANNIVERSARY OF CORKSCREW SWAMP SANCTUARY. ACCEPTED BY BRAD CORNELL, SOUTHWEST FLORIDA POLICY ASSOCIATE FOR AUDUBON OF THE WESTERN EVERGLADES, AND JASON LAURITSEN, DIRECTOR, CORKSCREW SWAMP SANCTUARY — ADOPTED MR. OCHS: Yes, sir, Item 4.E is a proclamation recognizing the 60th anniversary of Corkscrew Swamp Sanctuary. To be accepted by Brad Cornell, Southwest Florida Policy Associate for Audubon of the Western Everglades and Jason Lauritsen, Director of Corkscrew Swamp Sanctuary. This item is sponsored by Commissioner Nance. If you'd please step forward. (Applause.) MR. LAURITSEN: My name is Jason Lauritsen, I'm the Director of Corkscrew Swamp Sanctuary. And Aldo Leopold stated that to keep every piece, especially those which you don't understand, is the first rule of intelligent tinkering. He's a founding father of the modern conservation movement, one of my personal conservation heroes. Over 60 years ago people in Southwest Florida recognized that we were about to lose a piece of our heritage and our ecological history. That was that Old Growth Bald Cypress Forest that was being logged. And they sounded the alarm and people responded. People from all over the country responded to the loss of the cypress here in Collier County. And as a result of that effort, people purchased the first 2,880 acres at Corkscrew Swamp Sanctuary. And Audubon, the National Page 23 November 18, 2014 Audubon Society agreed to take over and manage that property. Our mission today is the same now as it was back then, to protect the natural resources of Corkscrew and the surrounding watershed for people and for wildlife. Davinci once said, you can neither love nor hate that which you do not first understand. So our goal, our role, is to make sure we don't lose pieces of our heritage and our natural history and that we bring people out to teach them about us, they can connect. So it is an honor to receive this proclamation on behalf of the National Audubon Society and of the Corkscrew Swamp Sanctuary. Thank you very much. (Applause.) CHAIRMAN HENNING: Next proclamation? Item #4F PROCLAMATION DESIGNATING NOVEMBER 21-27, 2014 AS FARM CITY WEEK IN COLLIER COUNTY. ACCEPTED BY STEPHANIE KISSINGER 2014 CHAIR OF THE FARM CITY BBQ AND REPRESENTATIVES OF COLLIER COUNTY 4H ASSOCIATION, YOUTH LEADERSHIP COLLIER, COLLIER COUNTY JUNIOR DEPUTIES LEAGUE, AND KEY CLUB INTERNATIONAL, THE FOUR YOUTH LEADERSHIP DEVELOPMENT PROGRAMS BENEFITTING FROM THE PROCEEDS OF FARM CITY BBQ — ADOPTED MR. OCHS: Item 4.F is a proclamation designating November 21st through November 27th, 2014 as Farm City Week in Collier County. To be accepted by Stephanie Kissinger, 2014 Chair of the Farm City BBQ, and representatives of Collier County 4-H Association, Youth Leadership Collier, Collier County Junior Deputies Page 24 November 18, 2014 League, Key Club International, and the four youth leadership development programs benefiting from proceeds of the Farm City BBQ. And this item is sponsored by Commissioner Nance. COMMISSIONER NANCE: Everybody must think the BBQ is today. COMMISSIONER FIALA: We've got enough people here to start it. MS. WILLEY: Good morning, Commissioners. For the record my name is Cindy Willey and I am one of the committee members for the Farm City BBQ. Today -- well, let me back up a little bit. More than a decade ago I attended my first Farm City BBQ committee meeting with a clipboard in hand just taking notes, just there to help. Little did I know how engrained it would become in my life. That year we celebrated having 600 people in attendance and making a whopping $500 in profit. Last year under the leadership of Sheriff Rambosk we topped 2,200 guests and raised $46,000 that went to help our next generation of leaders through 4-H, Youth Leadership Collier, Junior Deputies and the Key Clubs of Collier County. This year under the leadership of Stephanie Kissinger, our Chair, we've hit another milestone. See, 10 years ago we were celebrating sponsorships of 100 and $250. And our cattle baron sponsor -- sponsorship levels have come in over $3,000. So this year we've come close to -- I think we've got nine sponsors, which is a new record for us all around. So I would love to recognize our host sponsor, which is the Collier County Fairgrounds, Waste Management, which has been dedicated for several years, Arthrex, Collier Enterprises, Littman Produce, Naples Daily News, D'Latino's Magazine, Florida Weekly, Page 25 November 18, 2014 Life In Naples, and one of our most exciting new sponsors, Shula's Steakhouse, which will be providing the steaks this year. COMMISSIONER TAYLOR: Why don't you repeat that. MS. WILLEY: Shula's Steakhouse, with that center cut and Black Angus beef. And of course I would love to thank Commissioner Nance for his assistance in connecting us with the Collier County Fairgrounds for this great venue and for helping bring in more of our farming community and more of our representatives from Immokalee. Thank you so much, Commissioner Nance. (Applause.) MS. KISSINGER: Don't forget, the BBQ is next Wednesday the 26th at the Collier County Fairgrounds. We hope to see you all out there. Thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Thank you very much. I just wanted to say that way back when this first started, for audience members who maybe weren't here or whatever at the time, and still to this day, everybody dresses up like cowboys and puts their boots on. Of course Jennifer always has her boots on, Jennifer Edwards, bless her heart. And everybody got dressed up for the occasion. And you stand at these -- what do you call those wooden things that they build? Oh, the wooden pallets, yeah, I guess they ship fruit or something on those things, or vegetables. And everybody just gets down and pretends they're a cowboy. And it is the coolest thing. And the tickets are only $20. I have two right here available, in case anybody wants to buy them. You don't want to miss it. It's a great affair. It's a great networking opportunity for those business people. Everybody seems to be there to network that day. And thank you for all you've done to make it so successful. We'll all be there serving food. Page 26 November 18, 2014 CHAIRMAN HENNING: Thank you. (Applause.) COMMISSIONER NANCE: Yes, Mr. Chair, I'd like to add a few other comments. It is indeed going to be at the Collier County Fairgrounds under the pavilion this year, which I think will be a great venue. It's going to be certainly rain-safe so if we have potentially inclement weather there's no reason for you not to come. And I will also tell you I think you'll be very surprised because we're actually sneaking up on the committee. I think we're going to have a very spectacular salad, for those of you that are interested in local produce. I would encourage you to come. I think it's going to be very exciting and something maybe a little new this year. So you all come. We'll look forward to seeing you. For those of us that have been cowboys, real cowboys in our life, we look forward to joining with everybody for a great afternoon. Thank you very much. CHAIRMAN HENNING: You've been a cowboy? COMMISSIONER NANCE: I know I don't look like it, but I actually have. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: No Immokalee salad? COMMISSIONER NANCE: The Immokalee salad is going to be re-instigated. What we've had in recent years really hasn't been Immokalee salad. You're going to see a spectacular, spectacular Immokalee salad this year. COMMISSIONER HILLER: Like revitalized? COMMISSIONER NANCE: Revitalized, new and improved, majestic and impressive. COMMISSIONER HILLER: I'm quickly looking through some photographs here. You are a cowboy, Commissioner Nance, because I wore your hat last year, I stole it from you. And I have a picture of Page 27 November 18, 2014 Commissioner Fiala who looked very much like an executive chef rather than a cowgirl. And I have to get this picture. I'm going to email it to Leo and maybe at some point you can put it up on the overhead, because I think people deserve to see just how great Commissioner Fiala looks when she's prepped and ready to grill Shula's steaks. Hang on a second, I'm going to find it. CHAIRMAN HENNING: Can we read the next proclamation? COMMISSIONER HILLER: Go ahead. CHAIRMAN HENNING: Next proclamation. Item #4G PROCLAMATION DESIGNATING NOVEMBER 2014 AS DIABETES AWARENESS MONTH IN COLLIER COUNTY. ACCEPTED BY MEMBERS OF THE BLACK AFFAIRS ADVISORY BOARD LAVERNE FRANKLIN, VAUGHN YOUNG, DEBRA JOHNSON HUBBARD, JENNIFER WILLIAMS, DARLING SMITH AND DR. PAMELA WILKINS — ADOPTED MR. OCHS: Yes, sir. Item 4.G is a proclamation designating November, 2014 as Diabetes Awareness Month in Collier County. To be accepted by members of the Black Affairs Advisory Board, LaVerne Franklin, Vaughn Young, Debra Johnson Hubbard, Jennifer Williams, Darling Smith and Dr. Pamela Wilkins. And this item is sponsored by Commissioner Fiala. Ladies, if you'd step forward and receive your proclamation. (Applause.) MS. FRANKLIN: Good morning. My name is LaVerne Franklin. I am the chair person for the Black Affairs Advisory Board. And we are honored to accept this proclamation. Page 28 November 18, 2014 And I would like to say too that this proclamation is about diabetes awareness. And even though it's -- November is dedicated as that month, we as the Black Advisory Board, we take it a little further. Because during our research we have discovered that diabetes affects every single lifestyle or communities. And even though we focus on African-Americans, we also realize that it affects everyone, including my family. So what we decided to do is to take it further and thank goodness for the county board, they allowed us to do a Diabetes Awareness Day, which is very, very successful. And we thank our Commissioner, Donna Fiala, who gave opening remarks for that occasion. In addition to that, we decided that we need to partner with hundreds and thousands of people across the county. And we had a wonderful successful event last year. We had over 30 tables and vendors, we had approximately 20 speakers, and we did something that was very unique. We had people to come in from all societies, from all agencies to participate, because they realize the importance of diabetes awareness. A lot of people don't even realize that they have diabetes. And what we did on that day, and I thank our members of the board, because it's a lot of work that went into that. And what happened was that we reached hundreds and hundreds of people. It was so impressive that people came up to us and said -- and they're still calling us saying, when are you going to do it again? We want to get started, we want to participate in this. And even with the school board -- and that's one thing I would like to bring to your attention today is that we did have a representative from the school board last year to participate in Diabetes Awareness Day. And we would like to partner with them again this year, because a lot of kids, a lot of our students have diabetes. So as a Black Advisory Board, we're asking you today to please Page 29 November 18, 2014 to approve us having again the Diabetes Awareness Day. In addition to that, maybe you would grant us the opportunity to meet with some of the representatives at the school board. Because they are genuinely interested in spreading the word, letting people know that we have resources here and that we on the Black Advisory Board are willing and able to step forth and advise our people, to provide them with information and leadership. Because you had to be there last year. And we're asking everybody, if you approve, which I hope you do today, that we can start. Because people are calling us. And they're getting very upset because they think we have the power to do it and we don't. So we need our County Commissioners to approve us to have Diabetes Awareness Day. Okay, so all that said, we say thank you very much, we'd like to thank our County Commissioners, we'd like to thank the staff and our members of the board and say thank you, thank you for allowing us to serve our county, because we love it here and we want to make it a better place for everybody. Thank you very much. (Applause.) CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes. LaVerne, maybe we can meet after this and you can tell me what you need from us so that I can carry it forward, okay? And give me a date and a location and what we can do as a county, okay? MS. FRANKLIN: Thank you very much. COMMISSIONER FIALA: Thank you. COMMISSIONER HILLER: Leo? CHAIRMAN HENNING: Entertain a motion to approve today's proclamation. COMMISSIONER NANCE: Move approval, Mr. Chairman. COMMISSIONER FIALA: Second. COMMISSIONER HILLER: I'll -- Page 30 November 18, 2014 CHAIRMAN HENNING: Seconded by Commissioner Fiala. COMMISSIONER HILLER: Can I make an amendment to the motion? Motion maker, could you amend it to include the photograph of all of us wearing your hat? COMMISSIONER NANCE: Yes, Commissioner Hiller is going to distribute the photograph. COMMISSIONER HILLER: Leo, can you put that picture up? I want everyone to see it. Because they need to understand how great it is. MR. OCHS: As soon as I get it here, ma'am. Okay, Tim's going to load it up so we can put it on. It may take a couple minutes. CHAIRMAN HENNING: Okay, can we vote on this? All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Can we go to presentations now while Tim's doing something over there? Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR NOVEMBER 2014 TO COMCAST CABLE. ACCEPTED BY JUSTIN DAMIANO, MANAGER, GOVERNMENT AND REGULATORY AFFAIRS — PRESENTED Page 31 November 18, 2014 MR. OCHS: Mr. Chairman, Item 5.A is a presentation of the Collier County Business of the Month for November, 2014 to Comcast Cable. This item is to be accepted by Justin Damiano, the Manager of Government and Regulatory Affairs for Comcast Cable. Please step forward. (Applause.) CHAIRMAN HENNING: Next presentation. MR. OCHS: Sir, go ahead. CHAIRMAN HENNING: I'm sorry, go ahead. MR. DAMIANO: Well, first of all, thank you to the Commission, thank you to the greater Naples Chamber of Commerce, and most importantly, thank you for making Collier County a great place to do business. It's a real honor to receive this today for this month. As Comcast shapes the future of media and technology in Southwest Florida, our 1,400 employees strive to earn the trust and respect of our customers, but most importantly the members of this community. And we do this by investing in nonprofit organizations that offer diversity oriented programs that focus in three main areas: First, digital literacy and computer skills; second, volunteerism and community service; and third, mentoring and building tomorrow's leaders. An example of-- three examples of those nonprofit organizations are the -- first of all the Southwest Florida Junior Achievement. For over 30 years Comcast has supported Junior Achievement through the Business Hall of Fame awards. This year Junior Achievement received a Gold Medal Grant to enhance the Internet technology portion of its entrepreneurship program. And what I mean by Gold Medal Grant is you probably remember last spring the Commission passed a proclamation announcing Collier County as one of the top school districts in the Page 32 November 18, 2014 country for connecting low-income families with broadband access at home through a low cost Internet service with Comcast Internet Essentials. And we raised awareness about this. Better than anywhere else in the country, Collier County was connecting low-income families with a program like this. Well, as a result and to enhance that momentum, we created over a million dollars in grants for local nonprofit organizations for these top performing school districts -- or in these top performing school districts, and we dubbed those Gold Medal School Districts. And so that's where these Gold Medal Grant recipients came from. And Junior Achievement was one such recipient. Another recipient was The Boys and Girls Club of Collier County. The Boys and Girls Club recently received a $50,000 grant from Comcast to support its Club Tech Program. The technology center opened recently, actually, November 1 lth, and it offers programs and courses in computer aided design, science, technology, engineering and math, vocational technical workshops, medical clinics and audio video recording. Comcast is also a signature supporter of their Youth of the Year Awards. And this year all of the Youth of the Year nominees from Boys and Girls Club of Collier County received a laptop computer, there's about 40 of them, from Comcast. And finally, Comcast also awarded a Gold Medal Grant to the Immokalee's Center, or the Amigos en Cristo, Inc. organization in Immokalee. Their technology lab offers English language training, immigration and other social services. And so the program there was to enhance the technology of that lab in that very rural neighborhood. And then finally, and recently, Champions For Learning recently named Comcast in its 25th Anniversary Honor Roll. The Honor Roll recognizes companies like Comcast who have given a cumulative total of more than a quarter of a million dollars to enrich the environment Page 33 November 18, 2014 for students learning here in Collier County. And you probably may be familiar with the Southwest Florida Celebration of Reading. Comcast is a signature supporter of the Barbara Bush Foundation Celebration of Reading. We donate over a million dollars each year in public service announcements air time to further their event that happens right here in Bonita Springs. So again, thank you so much. One thing I'll just say lastly is our new Xfinity store opened recently, and we're opening a new south Xfinity store in the south end of the market. The first one was opened in Commissioner Hiller's district and the other one will soon be coming in Commissioner Fiala's district. These are three times the size of our existing payment centers, and they are designed with our customers in mind. Lots of plasma TV's screens everywhere, and it's really a neat experience, completely different feel. So we're excited about making that investment in Southwest Florida. Thank you. (Applause.) CHAIRMAN HENNING: Next presentation? Item #5B PRESENTATION OF THE DR. CHARLES H. TOWNES SUPERNOVA AWARD, THE BOY SCOUTS TOP STEM AWARD FOR WEBELOS, TO DALTON SIDENER, WEBELOS SCOUT, PACK 210 CHARTERED BY THE BIG CORKSCREW ISLAND VOLUNTEER FIREFIGHTER'S ASSOCIATION RECOGNIZING HIS ACCOMPLISHMENTS — PRESENTED MR. OCHS: Item 5.B is a presentation of the Dr. Charles H. Townes Supernova Award, the Boy Scouts top STEM award for Webelos to Dalton Sidener, Webelos Scout, Pack 210, chartered by the Big Corkscrew Island Volunteer Firefighters Association recognizing Page 34 November 18, 2014 his accomplishments. Please step forward. (Applause.) MR. SAUNDERS: Mr. Chairman, let me make a quick comment as you're making that award, with your permission. Burt Saunders for your record. Commissioners and guests, we have a National Boy Scouts of America award to present to Dalton Sidener, a Webelo Scout with Pack 210 and a student at Corkscrew Elementary. He has fulfilled all of the requirements required for the Dr. Charles H. Townes Supernova Award. Now, in order for this Board to make the presentation, you have to be designated as a Court of Honor. That's how these types of awards are made to recipients. So by the authority invested in me by the National Council, Boy Scouts of America and the Southwest Florida Council, I declare this Court of Honor convened. (Applause.) MR. SIDENER: Good job, son. COMMISSIONER FIALA: Oh, that's beautiful. MR. SAUNDERS: Mr. Chairman, Mr. Giles is going to give you a little description of the award. CHAIRMAN HENNING: Thank you. MR. GILES: To qualify for this award, Dalton earned the Scholar, Scientist and Engineer Activity badges, along with three other STEM-related activity bandages. He researched information about five scientists, including Nobel Laureate Charles H. Townes, who invented techniques to create the first lasers. Dalton also used the scientific method to hypothesize the performance of a robot he constructed with various renewable energy sources. Page 35 November 18, 2014 Thank you very much. Congratulations, Dalton. (Applause.) COMMISSIONER NANCE: Mr. Chairman, I'd like to say that I believe the Board of County Commission and the community should be thrilled with the amount of youth recognition and youth oriented things that are throughout our agenda today. Not only do we have scouting recognized numerous times, the Farm City BBQ, which raises funding each year for youth activities, we also have other activities on the agenda. And of course this last weekend we had our youth hunts at the Pepper Ranch. So I'm absolutely delighted that we can talk about the amount of youth programming and support. And in addition, our businesses are coming up and talking about their programs. So I'm just personally delighted. CHAIRMAN HENNING: Great. Thank you. Next presentation? Item #5C RECOGNIZING JONATHAN HARRADEN, PARAMEDIC COMPANY OFFICER, EMS AS THE EMPLOYEE OF THE MONTH FOR OCTOBER 2014 — RECOGNIZED MR. OCHS: Item 5.0 is a recommendation to recognize Jonathan Harraden, Paramedic Company Officer with our Emergency Medical Services Department, as the Employee of the Month for October, 2014. Jonathan, if you'd please step forward. (Applause.) COMMISSIONER TAYLOR: He asked about his parking spot. Thank you very much. Page 36 November 18, 2014 MR. OCHS: Commissioners, let me tell you a few things about Jonathan while he's getting his photo taken. John's a 20-year employee of county workforce. His primary duties include the daily operations of a rescue ambulance, responding to 9-1-1 calls for help and providing medical treatment and transportation to the sick and injured in our community. He was among the first group to participate in the Interim Battalion Chief Mentoring Program, and was recently chosen to become the Search and Rescue Team coordinator. This is an uncompensated position above and beyond his regular EMS duties, working in conjunction with the Collier County Sheriffs Office. John has been an asset to the department his entire career. With his no nonsense approach, his resourcefulness and enthusiasm, he willingly accepts other assignments and responsibilities, and this proves just how deserving he is of this prestigious award. Commissioners, it's my honor to present Jonathan Harraden as your Employee of the Month for October, 2014. Congratulations, Jonathan. (Applause.) CHAIRMAN HENNING: Next? Item #5D RECOGNITION OF COLLIER AREA TRANSIT AS THE RECIPIENT OF THE FOLLOWING AWARDS PRESENTED BY THE FLORIDA PUBLIC TRANSPORTATION ASSOCIATION: BUS SAFETY (3RD PLACE); PRINT COLLATERAL (2ND PLACE); PRINT - INSTRUCTIONAL INFORMATION (1ST PLACE); SIGNAGE & GRAPHIC - INTERIOR BUS (1ST PLACE); AND INTERNAL EMPLOYEE COMMUNICATIONS (1ST PLACE) — RECOGNIZED Page 37 November 18, 2014 MR. OCHS: Mr. Chairman, Item 5.D is a recognition of the Collier Area Transit as the recipient of the following awards recently presented by the Florida Public Transportation Association. It was a third place award for bus safety; second place award for print collateral; first place award for print instructional information; and a first place award for signage and graphic for interior buses; and also a first place award in the international employee communications category. So we'd like to recognize the employees and leadership in our public transit operation to step forward and receive their award. CHAIRMAN HENNING: Duly noted. Bring it up here, I'll give it to you. MS. ARNOLD: We have several. I'm going to have Trinity bring them up for you. We worked very -- I'm so proud to say that we had a very winning week at the Florida Public Transit Association. As noted in the agenda, we won third place. And I'll just kind of show those to you. We won a third place award for print collateral. And that particular advertisement was promoting a new route to the beach. And we're really proud of the creative efforts that our staff has made with limited staff. We won a third place for bus safety award. And that was based on three years -- over a three-year period looking at our statistics in a national transit database, as well as our annual operating report and looked at things like our passenger count, the number of vehicles utilized, the vehicle miles that we traveled and number of incidents, both major and minor, that we had in the system. And looking at all the various fixed route systems within the state, we ranked third overall. So I'm really proud of that. We also won a first place for the internal employee Page 38 November 18, 2014 communication. And that consisted of a video that we produced for our employees so we could use in retraining efforts to make sure that they're utilizing our electronic fare boxes correctly, as well as when new employees come onboard we can utilize that video to train them. We were also awarded a first place for instructional information. We produced a flier that showed -- that was provided to the public when we installed our new fare boxes on the system, and this helped them figure out how to utilize the system with their Smartcards, as well as their transfers and the like. And so this is an example of that flier that was put together by staff. A first place award was also presented to us for signage and graphics for internal bus. We had our staff put together this flier that was posted in our buses that would encourage people to purchase our monthly passes at a savings. So it showed them that they could get a lot more rides for less money. And all of this was presented to us October 28th -- yeah, I think it was 28th, at the Florida Public Transit Association. I have staff in here. Trinity Scott is my Transit Manager, and we also have the staff in the back, and I'll have them come up for photographs. CHAIRMAN HENNING: Come on up. (Applause.) CHAIRMAN HENNING: Trinity Scott has been a great addition to Collier Area Transit. I'm sure it was -- well, by the presentation it appears that it was a lot of her work. So thank you, Trinity. MS. ARNOLD: I'm really happy to have Trinity as my new Transit Manager. She's been instrumental in getting everything brought into shape. And I want to recognize one of the staff people. Arcadia Rivera, he was instrumental in a lot of the marketing in putting his creativity to work. So thank you, Arcy. Page 39 November 18, 2014 And next -- (Applause.) Item #5E RECOGNITION OF COLLIER AREA TRANSIT AS THE RECIPIENT OF THE 2014 OUTSTANDING TRANSIT SYSTEM OF THE YEAR AWARD PRESENTED BY THE FLORIDA PUBLIC TRANSPORTATION ASSOCIATION — RECOGNIZED MR. OCHS: Commissioner, our next item is S.E. It is a recognition of Collier Area Transit as the recipient of the 2014 Outstanding Transit System of the Year Award, presented by the Florida Public Transportation Association. MS. ARNOLD: Okay, again I am so thrilled about this particular award, because it's saying that we are the best amongst the state. So I'm just so thrilled that we got that one. When they were announcing the statistics about who was winning a particular award at the conference, I think I was holding my breath the whole time. But they look at both quantitative measures for a three-year period in our National Transit Data Information, and they also looked at qualitative measures such as safety, our operations, our customer service, our finance management, attendance of our employees and the costs associated with that, staff development that we do to make sure that they are keeping up with requirements, marketing that we do, policy and administration and communication. So it's an array of things that they're looking at to judge us. And we were judged amongst five other nominees for this particular award. And it's -- the group that was evaluating this was a combination of the executive director for the Florida Public Transit Administration, FDOT representative, and the Center for Urban Transportation and Research. So we won this particular award again at the association Page 40 November 18, 2014 meeting. And it demonstrates our achievement of efficiency and effectiveness. And as I said, we were nominated amongst five other systems within the state. And there should be a banner that's flying on campus that just congratulates the efforts that our team has made. And again, I'm very proud of the efforts and thank you for recognizing us today. (Applause.) MS. ARNOLD: Can I ask the group to come up? It is a team effort. So come on up, guys. (Applause.) CHAIRMAN HENNING: Okay, next? Presentation? Item #5F RECOGNITION OF THE COUNTY EMPLOYEES WHO WERE SELECTED AS WINNERS OF THE DISTINGUISHED PUBLIC SERVICE AND EXCELLENCE IN PUBLIC SERVICE AWARDS BESTOWED BY THE GREATER NAPLES CHAMBER OF COMMERCE, IN ASSOCIATION WITH NAPLES DAILY NEWS. CONGRATULATIONS TO THE WINNER OF THE DISTINGUISHED PUBLIC SERVICE AWARD ISABELLE FAVIER, PARAMEDIC/FIREFIGHTER COMPANY OFFICER, EMS; AND WINNERS OF THE EXCELLENCE IN PUBLIC SERVICE AWARD JAMIE FRENCH, DEPUTY ADMINISTRATOR, COLLIER COUNTY GROWTH MANAGEMENT DIVISION AND PAUL E. MATTAUSCH, DIRECTOR, NORTHEAST UTILITIES INTEGRATION, PUBLIC UTILITIES DIVISION — RECOGNIZED MR. OCHS: Yes, sir, Item 5.F is a recognition of the county employees who were selected as winners of the Distinguished Public Page 41 November 18, 2014 Service in Excellence in Public Service Awards bestowed by the Greater Naples Chamber of Commerce in association with The Naples Daily News. We'd like to congratulate the winner of the Distinguished Public Service Award, Isabelle Favier, Paramedic/Firefighter Company Officer with Emergency Medical Services, and winners of the Excellence in Public Service Award, Jamie French, Deputy Administrator, Collier County Growth Management Division, and Paul Mattausch, Director of the Northeast Utilities Integration Program from our Public Utilities Division. If you three would please step up and be recognized. (Applause.) COMMISSIONER FIALA: I'd like to just say, I was so proud of these guys. I attended the ceremony. The Chamber announced and showed pictures of all that they've been doing, and I was just bursting with pride as I watched each and every one. Our own people, all three awards. I don't know if the county's ever received three awards in one year before. But you all make us so proud. And folks, this is the quality of people we have working in Collier County government. (Applause.) CHAIRMAN HENNING: Our last presentation? Item #5G CONSIDER THE RECOMMENDATIONS CONTAINED IN THE CONSERVANCY OF SW FLORIDA'S OIL LEGISLATION PRESENTATION — PRESENTED MR. OCHS: Yes, sir, that is Item S.G. It is a recommendation to consider the recommendations contained in The Conservancy of Southwest Florida's oil legislation presentation. Page 42 November 18, 2014 This item was placed on the agenda by Commissioner Fiala. COMMISSIONER HILLER: Leo, are we going to hear this in conjunction with 11.D, or is that changed? CHAIRMAN HENNING: It was changed. MR. OCHS: I think that was changed on our change sheet this morning. We were asked to move it to 5.G by Commissioner Fiala. COMMISSIONER HILLER: Okay. Because on the agenda it says to be heard in conjunction with 11.D. So I didn't know if that meant that 11.D would follow immediately. CHAIRMAN HENNING: No. MR. OCHS: No, ma'am, that's when it was still under 10.B. COMMISSIONER HILLER: No, I understand that it was moved, but I'm just referring to the note. Are you separating -- MR. OCHS: That's the prerogative of the Chair. CHAIRMAN HENNING: The Board already voted on it, and it was to be added to the presentations. COMMISSIONER HILLER: That's where it is. CHAIRMAN HENNING: Yep. COMMISSIONER HILLER: It still says in conjunction with 11.D. COMMISSIONER FIALA: Hi, Jennifer. CHAIRMAN HENNING: Jennifer, are you ready today? MS. HECKER: I am ready. I don't know if they were going to put a presentation up. MR. OCHS: Sure. Whenever you're ready, Jennifer. MS. HECKER: Okay. All right. Just if you wouldn't mind giving me a moment. MR. OCHS: Sure. MS. HECKER: We submitted it. It was attached to the agenda when it was sent out. The Power Point was provided in advance. You don't have it? Page 43 November 18, 2014 MR. OCHS: We have the hard copy in the package, yes. We don't have the -- MS. HECKER: Okay. Well, let me go grab a flash drive then. Hold on a second. COMMISSIONER FIALA: Luckily she walks around with a flash drive. That's good. MS. HECKER: All right. Good thing we come prepared. Good morning, Commissioners. Thank you so much for allowing The Conservancy of Southwest Florida to give you this brief presentation today. We hope that this information is useful. We've worked very hard over the summer to try to synthesize everything that we've learned from what happened out at the Hogan well site with the unauthorized fracking-like activity that was undertaken at that site, to try to improve oil well laws regulations going forward to make sure we're never put in that situation again and that you all in the future will have more information and be better prepared for expanded oil drilling in Collier County. First there is an upsurge in permit requests in Southwest Florida in the past five years. DEP has received 39 drilling applications, granting 37 of those. The other two were incomplete or withdrawn. Many of those were right here in Southwest Florida. This is, as you can see from the map, not really a state-wide issue, it really centers around Southwest Florida and the Western Panhandle. All the oil production in Florida, it's important to know, is only one-tenth of one percent of all U.S. oil domestic production. So on a national scale we're not huge oil producers, but still it's a significant amount of activity in our state. 1943 was when oil was first discovered. And in the Seventies, it expanded when it was found in the Panhandle as well. And the regulations were really developed in the Seventies, and they're decades old. In 1996 there was language added to the Florida Administrative Page 44 November 18, 2014 Code which defined hydraulic fracturing specifically as a work-over. So that is where the perception then was created that that is an allowed use, a work-over use. We feel that really all of the different reforms needed to oil and gas regulation boil down to four key issues: One has to do with information and transparency; secondly, effective oversight; third, accountability; and fourth, public safety. Those are the four legs, if you will, of any effective oil and gas bill. The first piece is providing information to make sound decisions. We know that these unproven techniques could affect our state differently than other states. We have very unique geology and hydrology. We feel that it is appropriate to suspend permitting of these unproven techniques until there's a scientific study done to determine if, how and where these extreme extraction methods can be done safely in Florida. We also believe that we should require well operators to submit DEP records such as pressure logs, which are absolutely vital for knowing if there are any leaks or cracks in the casings during the well procedures. We also believe that oil drillers should have to disclose all chemicals to DEP in their permit application. Right now they don't have to disclose that until after the permit is issued. We think that information is necessary for the state to have before it makes its permitting decision. Secondly, the state should have the authority and ability to effectively oversee these activities. Right now the work-over is simply a notice. So they can go in and get a permit for one type of technique, switch to hydraulic fracturing and all they have to do is notify the agency. They do not right now, the agency, have the legal ability to approve or deny such action. That's what the issue is with the ongoing litigation. Page 45 November 18, 2014 So we want to clarify that they should always have the authority to stop unsafe drilling practices going forward. And that shouldn't be simply a work-over notice, it should be a new permit if they switch drilling techniques. They should also require that abandoned boreholes near proposed well sites are properly plugged per current standards, not the standards in the Forties and Fifties, but per current plugging and abandonment standards that are required for any plugging done today. And they should give DEP the authority for ongoing access. Right now it's very illogical, because DEP, after they permit it, has to get permission each and every time they go on the site afterwards. Well, obviously they can't do proper inspection monitoring enforcement without access. They should always have the ability to access the site. So third, we need to hold operators accountable. This has to do within increasing bonds and fines. You heard DEP talk about this piece. That's really the pillar of their bill is looking at accountability, which of course is important, but we need proactive solutions, not just reactive. It's important to be able to do bonds and fines, they're an important deterrent, but we also need to make sure that we have drilling fees so that DEP collects monies to do inspections in the future and that drillers are responsible for paying all the costs for remediation, even if those go beyond the bonded amount. Finally, the fourth pillar is providing resources to the public to ensure its safety, requiring disclosure of operating information that may impact public health. Emergency responders to put out a fire or to respond to a medical emergency, they need to know what chemicals are being used on that site so they can be prepared. Right now that information is not being collected and being transferred to the state. We believe that should go into a state managed public database and then be available for local governments and the public to access. Page 46 November 18, 2014 There should be a pathway for the public to challenge trade secret determinations if there is a question that inappropriate information is being withheld under the Trade Secret Laws. There has been prior bills. House Bill 71 and 157 have been introduced. These bills had always dealt with primarily the information sharing, what information. And then again, that's just one of the four pillars of an effective oil bill. So while that's important and we do support that, we want to see a bill that is comprehensive that addresses all four things. Again, the DEP bill focuses on accountability, another leg, but we need all four legs, the information as well. So we would like these recommendations to be considered in the county's moving forward with expressing its legislative priorities. These actually all complement those provided by DEP and AECOM. We would like to see that well and site construction requirements are amended to include buffers for residential areas and old boreholes; that there be no new permits issued until there's a study completed for any unconventional extraction techniques; that they require inspections and monitoring by DEP and allow inspectors to stop work, including support for automatic ongoing access to the site, support for the new drilling fees to cover the cost of inspection so that the drillers pay but the DEP is the one who actually does it, rather than right now where the driller is responsible for inspecting their own site. We don't think that is appropriate going forward. But DEP shouldn't have to pay for it either. Also including that DEP have the authority to approve or deny these work-overs. Again, they should be able to stop any unsafe procedures before it gets to the point of inspection. I know that AECOM talked about the inspectors being able to stop work, but we want to be proactive. We want to stop unsafe practices before they are undertaken. So having that authority upfront in the permitting process Page 47 November 18, 2014 would allow them to be more proactive. Requiring chemical disclosure. Again, this is essential. Not just the names of what chemicals are used but the amounts, the mass and concentration. That's absolutely essential for understanding the toxicity of these different chemicals. Many of those are human carcinogens. We need to know the amounts that are being used and injected underground through our drinking water supplies. We also need to include support that this information is put on a state housed registry and that there's a public process to challenge these trade secret claims when they're used inappropriately. We would like Collier County to be copied on projects within the county boundaries, that the county should get access to some trade secret information that the public might not get access to. Because the county has a fiduciary responsibility to its citizens, it needs information to give its emergency responders that may not be able to be shared with the public at large. But we think that's appropriate and that should be required. We would also like to increase those bonds to make it a real deterrent and hold a certain amount in case there is a cleanup. But we need language additionally added for any and all remediation, in the event that the bond is not sufficient. Because even it's $2 million, that may be insufficient if there is a true accident out on the site. Finally, we just wanted to end with saying that, you know, we know that with these newer technologies going to be increased interest in expanded oil extraction. And while we've had vertical drilling for many years in Collier County and haven't had many problems for public health or environmental safety, we are concerned that these new extraction -- unproven extraction techniques are very different in Florida with our porous geology than in other parts of the U.S. They're really unproven. And rather than assuming that they're safe in the absence of science, we do not want to be experimenting with our Page 48 November 18, 2014 water, land and wildlife. We want to make sure that we do the science first and let that inform our decision as to if, how and where these techniques are used. So we think it's critical that the legislation be updated immediately, because we know the applications are coming. This session is a critical opportunity. We're hoping that the county will be engaged in expressing your recommendations. I've been working with other counties, with state legislators, to try to build awareness as to what we can do to comprehensively reform oil and gas regulations to protect public health and safety better. And we hope that you'll consider our recommendations today going forward. Thank you so much. CHAIRMAN HENNING: Jennifer, I've got a question. Doesn't The Conservancy have its own stipulated agreement with DEP? MS. HECKER: Yes, we do. And Ralph Brookes is here, our attorney, he might be able to speak to that. CHAIRMAN HENNING: Well -- MR. BROOKES: Yes, this is our legal document that we signed with DEP. CHAIRMAN HENNING: And that's -- you're going to work with DEP in future legislation? MR. BROOKES: Yes, we are working with them. CHAIRMAN HENNING: Well, we do too. And that's why we hired a professional, to give us some guidance on factual scientific information for legislation. Can you turn to your slide four, please? Go back to it. MS. HECKER: That slide? CHAIRMAN HENNING: No, it actually says number four, the four-legged. MS. HECKER: This one? CHAIRMAN HENNING: Yeah. The oil well site that's on fire. Page 49 November 18, 2014 Where was that in Collier County that there was a fire of that nature? MS. HECKER: No, there hasn't been any in Collier County. That's what we're trying to introduce legislation as to prevent, to be proactive in preventing any type of accidents that have occurred elsewhere in the United States. CHAIRMAN HENNING: Was that a petroleum well site that was on fire or was it a, you know, natural gas or -- MS. HECKER: It's only meant to be illustrative in showing that there has been other accidents in other parts of the country. You know, we -- CHAIRMAN HENNING: Was that an oil site or was it -- I think it's natural gas, isn't it? MR. BROOKES: This particular photo shows natural gas. The wells in Collier County have natural gas that is not being collected but it is being disbursed to the atmosphere without being flamed. It's another problem that's out there that isn't addressed in your report. But these wells here in Collier County are releasing gas to the air as an air pollution problem, potential fire problem and potential toxic hydrogen sulfide problem for residents who live within a couple thousand feet of these wells. CHAIRMAN HENNING: Okay, thank you. Let's take a 10-minute break and get back to the meat of our agenda. Let's be back at 2:47 -- 10:47. I like 2:47. (Recess.) MR. OCHS: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a live mic. CHAIRMAN HENNING: Ms. Hushon wants to give a presentation on sea level rise. Item #6A Page 50 November 18, 2014 PUBLIC PETITION REQUEST FROM JUDITH M. HUSHON, PH.D. REQUESTING THAT THE COUNTY TAKE A REGIONAL APPROACH TO ADDRESS SEA LEVEL RISE - DISCUSSED; COMMISSIONER NANCE TO DISCUSS WITH REGIONAL PLANNING COUNCIL AND BRING BACK INFORMATION TO THE BOARD MR. OCHS: Yes, sir, Mr. Chairman. That's Item 6.A on your agenda, public petition from Ms. Judith Hushon, requesting that the county take a regional approach to address sea level rise. Go ahead, ma'am. DR. HUSHON: Good morning, Commissioners. I'm supported here today by John Cox, president of the Greater Naples Chamber of Commerce, and by Susan Calkins, representing the League of Women Voters. She's here. We have evidence that sea level rise is occurring and that it is occurring in South Florida. You've probably seen some of the articles in the paper. It's been measured off the Naples Pier. It's happening. And South Florida is one of the most vulnerable areas. Everybody will agree to that. You know, there are a few others, there's Norfolk and there's the tip of New York City and Louisiana, but we are on that radar map in bright red. So we should be paying attention to this. Miami-Dade has already had saltwater coming up through their storm sewers during the spring and fall high tides. You may have heard of that. What they have had to do is install pumps to keep the water off their streets down in South Beach. In addition, they've had to abandon approximately 15 -- I'm not sure of the count today, it's at least 15. It was 15 when I checked, these are water wells, drinking water wells, because of saltwater intrusion into the wells. And they've had to drill them further inland and Page 51 November 18, 2014 obviously re-pipe to deliver water to their customers' base. We can view Miami-Dade and Southeast Florida as a canary in the coal mine. It's signaling it's time for us in Collier County to take some action. We can't keep our heads in the sand, much as our sand is beautiful and we'd love to keep our feet in it anyway. On the east coast the counties of Miami-Dade, Broward, Palm Beach and Monroe, as well as the cities of Boyton Beach and Fort Lauderdale, have come together to start addressing this problem. They first met in 2009 and they have already come up with a number of action items and deliverable reports. What they did was to sign a regional compact. Their leaders, just like you, all met together and agreed at a meeting to all sign original compacts, stating that they intended to work together. I think I sent you all a copy in your packets of the compact that was signed. It's very short, very simple as part of that exercise. And in fact they've even put forth a few pieces of legislation. And what basically you'll agreed to do is to incorporate this into your own land development codes or whatever you have that you're operating under. Obviously each city and county has a slightly different structure. But they basically are coming up with the same type of actions, action plans, so that the action is uniform along the coast. On the west coast several jurisdictions have already taken action. Charlotte Harbor has done the most. They have a rather comprehensive plan and studies. Lee County, somewhat less, and Sarasota has done something. We are noticeably absent in that these actions have not been unified. There was a study prepared in 2009 by the Regional Planning Council under Jim Beever, and it collected information from all of the counties and tried to do some of the initial planning for sea level rise and stormwater. This is actually a pillar of the Regional Planning Page 52 November 18, 2014 Council, if they are to look at this type of activity. And some of you have served on it. I know you have, Tom. And so these -- this sea level rise report that they did in 2009 is a little thin on Collier County because Collier County had to put together the right data to kind of feed into the report. So we didn't get good solid action activities out of the report. We need to do more in terms of preparing that information. Recently Collier County prepared a flood management plan. This details some of the needed data. But we also have some great data available to us. We have LIDAR for our whole county. We paid a lot for that. For those of you who don't know, you Commissioners do know but some of the public won't, this is topographical information on the county that we get by doing overflights. And it tells us how high each piece of property is, where the highs are and where the lows are. And it lets us -- if we were to be looking at sea level rise, it lets us very scientifically know which is going to be affected. What it has shown us is that the areas in Collier County most likely to be affected are the East Trail, which would be under water, and Port Royal, both of which are important areas. But they are also vulnerable areas. So actions are needed to in a concerted manner address this. We need to undertake a consistent study of our infrastructure so that roads are high enough. And these are the grid roads. I'm talking about the grid roads that run, and then the main access roads. These need to be high enough that even in a sea level rise, which often is the seasonal high tide surge event kind of thing, or in the event of a heavy thunderstorm you can get to the critical places, from the critical places. We were downtown a couple months ago, it was in the middle of the summer. There was a very heavy rainstorm in a very short period of time. You could not get from U.S. 41 to main NCH. It was under about 18 inches. Now maybe an ambulance could get through that, all Page 53 November 18, 2014 right, I don't know what the board edge is of the ambulance, but a car couldn't. And there were cars stalled out all over the place. So this is a concern. This is the type of event that shows us concerns. We just need to be sure that our roads are built high enough. And in talking to Nick Casalanguida, he says we need to start taking that into account when we are sort of refurbing our main roads, which we do regularly, that some of them may need to be raised as part of that refurb to make us safe, so people can get where they have to get to, so that emergency response people could even get there. We also need to know the roads -- look at the roads that go to fire stations, schools, nursing homes, prisons, et cetera. If we require evacuation, we have to be able to get evacuation vehicles to those places. You've all seen the inundation maps for the storm surge. There are a lot of places that might in the event of a storm surge that was worse than predicted, you know, let's say they predict it to come to here and it actually went to there. Some of the areas got more water. We have to evacuate some certain areas, certain facilities. Because most of our facilities like retirement homes and things are one story. They can't go upstairs. Besides, those people can't go upstairs anyway, many of them. The elevators wouldn't work. And so these are all things that we have to start looking at. We also need to protect our stormwater system. We need to evaluate it as to where pumps might need to be installed to keep what happened in South Beach from happening in Port Royal. I've talked to Mike Bauer a little about this, and it's a real potential to happen. Our stormwater system, we've done some stormwater studies and done things like that. But we really need to start planning for sea level rise as part of our stormwater planning. We're a coastal county with valuable real estate and businesses. It pays us to take a proactive stance to address these issues and identify Page 54 November 18, 2014 potential responses or remedies. We can do this more efficiently by joining with the other counties on this coast. And one of the reasons I approached the League of Women Voters when I was discussing this was that they are active in all of these counties and could help to coordinate some effort there, as well as the Regional Planning Council. But it helps sometimes to have some feet on the ground that could help with this kind. If we do it as a county, we have the potential of putting it and doing it more cheaply, less expensively. If we do it -- I'm sorry, as a compact than as a county. These things are also cheaper if done in a group. I'm therefore asking the Commissioners to charge the planning staff on the county to contact the Regional Planning Council and to begin the process of determining what data we need and start assembling those data so that we can do this type of planning. CHAIRMAN HENNING: Thank you. I know that U.S. 41 and Gulf Shore Boulevard has been flooding before in this sea level rise. DR. HUSHON: Right. CHAIRMAN HENNING: Last 40 years. DR. HUSHON: Well -- CHAIRMAN HENNING: So anyways, that's my statement. There's not a question there, you don't have to respond to that. DR. HUSHON: It's going to get worse. COMMISSIONER FIALA: May I ask, is there already an established group that has begun regionally that -- DR. HUSHON: Not coordinately -- COMMISSIONER FIALA: -- people could participate in rather than -- DR. HUSHON: -- except through the Regional Planning Council and Jim Beever. Page 55 November 18, 2014 CHAIRMAN HENNING: Let her ask the question first. COMMISSIONER FIALA: Rather than repeat everything that's already been taken care of, are you just trying to get us to join into something that's already been established? DR. HUSHON: It has not been formally established as a compact. And I'm asking for that so that we all would then kind of come forward to a meeting and show what we have. And then we determine what we need. And some of us might have what we need and some of us might have to generate it. COMMISSIONER FIALA: Maybe what we -- I'd be happy to join you if you'd like to meet in private and learn a little bit more and talk about participation and we can talk with some of the other people on staff and see if there's a person that could be involved in the bigger group. DR. HUSHON: I've already been told there is. COMMISSIONER FIALA: Okay, good, thank you. CHAIRMAN HENNING: Thank you. Next item? MR. OCHS: Mr. Chairman, that takes us to Item 10.A. CHAIRMAN HENNING: Oh, Ms. Taylor? I didn't see you. COMMISSIONER TAYLOR: Okay, my first question, I'd like to hear -- Mrs. Hushon, I'd like to hear from Mr. Casalanguida. And I'd like to know, sir, what your opinions are on this. Not in great detail, but just tell me about this. MR. CASALANGUIDA: Keep it brief, ma'am. Nick Casalanguida for the record. I met with Mrs. Hushon and we discussed it. My suggestion was that we approach it through the Regional Planning Council. I don't think anything is eminent. Right now your FEMA base flood elevations in VE zones require construction standards that are for storm surge that are above what would be impacted by any short-term sea level rise. Page 56 November 18, 2014 So it's not imminent, but I agree with her, that's probably something that through the RPC we review what the other communities have done and just make sure that we're following and paying attention. COMMISSIONER TAYLOR: Mr. Chairman, is that something -- I'm unfamiliar with our process. Do we actually make a motion for this or can we do this on a presentation? CHAIRMAN HENNING: Well, you can give direction. You can't take official action under presentations or public petitions. It's just a policy. We do have two members from the Regional Planning Council, Commissioner Nance and Commissioner Fiala. They attend those meetings on a monthly basis. That could be direction. I know that our staff is a little overloaded to take on anything new, so we can ask the two Commissioners if they want to bring it up. COMMISSIONER TAYLOR: That's good. But I'd like to poll the Regional Planning Council Commissioners. COMMISSIONER FIALA: I haven't been going to RPC right now. I think Commissioner Nance has. COMMISSIONER NANCE: Yes, Commissioner Taylor, I think it's most appropriate just to take a look at what Dr. Beever has done up there at the Southwest Florida Regional Planning Council and get ourselves oriented. I would -- it would be my pleasure to do that and get back to the Board and see what sort of activity we have. You know, that entity goes as far north as Sarasota. So it's the lower southwest coast of Florida. And I think we have things in common, but I think we also have storm surge potential and flood situations that are a little bit different. So I would be more than glad to look into that. COMMISSIONER TAYLOR: Thank you very much. CHAIRMAN HENNING: Next item? Page 57 November 18, 2014 Item #10A AUTHORIZE THE COUNTY ATTORNEY TO AMEND ORDINANCE 2005-44 TO REMOVE COMPOSTING RESTRICTIONS AND TO ADVERTISE FOR FUTURE CONSIDERATION A NEW ORDINANCE ESTABLISHING COMPOSTING REGULATIONS - MOTION TO APPROVE WITH THE ADDITION OF GROUND WASTE TO COMPOSTING - APPROVED MR. OCHS: Item 10.A is a recommendation to authorize the County Attorney to amend Ordinance 2005-44 to remove composting restrictions and to advertise for future consideration a new ordinance establishing composting regulations. This item was brought on the agenda by Commissioner Henning. CHAIRMAN HENNING: Yeah, things have changed since this was last on our agenda several years ago. What has changed -- well, first of all, Commissioner Nance is handing out plenty of seeds, starter plants to residents throughout the county, mainly Golden Gate Estates. We have in our own parks community gardens. There's a lot of interest in gardening. And this whole ordinance that was sent to you by email, is not a part of your agenda, is to allow composting in your backyard under certain criteria. A 10-by-10, has to be covered, naturally it's going to have to be ventilated, you can't put animal waste in it. It's usually table scraps of, you know, vegetables and that. Those organic breaks down and creates a very organic type of application for plants. And so that's why I'm bringing it on the agenda. If anybody, any of the Commissioners, want, I did find a YouTube video that another county has applied and encouraging composting to their residents. That's up to the Board of Commissioners. Page 58 November 18, 2014 Commissioner Nance? COMMISSIONER NANCE: Yes, Commissioner Henning, I fully support moving this item forward. I thank you for putting it on our agenda. I think composting has a lot of benefits to our community. One of them is in reducing the flow of organic material into our landfills and in our disposal system, which can be a tremendous expense. And it's actually much better, serves our community if we keep that material spread out, rather than concentrating it in one place. So I would certainly support considering a new ordinance. The University of Florida of course has extensive expertise in this area. In fact, they actually have a composting center of information in Sarasota. And I did scan just briefly what EIFIS has to offer on composting. I would suggest, you know, as a mechanism moving forward that there's going to be a number of considerations that we're going to need to make. I believe not only the sort of composting that you're proposing, which I think is completely appropriate for residential areas when done properly. It's a great benefit and actually encourages people to get outside and garden and so on, so forth. But I think also in our rural and rural residential parts of the county we can even expand that further, because there are other large bulk composting techniques that would be appropriate for say residential lots in the Estates of two, two and a half acres where they could do pile composting, trench composting and a lot of other things that are illustrated by the University of Florida. So I would suggest that as we engage this issue that we request some involvement from Brian Flick and his staff at the University of Florida Extension to help us put some of these ideas together and to gather information from the university and move it forward. I don't know how fast, you know, you want to do that, but I would suggest that we can really put something together that's nice if we could engage the folks that we've got that are really knowledgeable on Page 59 November 18, 2014 the topic as an aide to staff. CHAIRMAN HENNING: Yeah, I don't want to create any commercial operations in the Estates that is not agricultural. COMMISSIONER NANCE: No, I'm talking about private residential activities. I'm talking about commercial composting. I think commercial composting, we already have a whole body of ordinance that manages that. But I mean for homes, let's say larger Estates, it's really I think in the best interest of the county to encourage people to compost and retain materials on their properties when they have two and a half and five acres. For example, I know as a fact that a lot of these properties, when people don't compost it really burdens our horticultural recycling system to not engage in this. This is really a good green practice that can not only be used in gardening but it can be used in disposing of commonly generated horticultural materials. CHAIRMAN HENNING: Yeah, such as palm fronds and -- COMMISSIONER NANCE: Grass clippings, palm fronds and things that are just out of pocket. Certainly urban residential settings don't want to retain those things. But if you have two and a half and five acres, it's very much more sustainable for the county to engage in this sort of on-site recycling, if you will. And it is established as a green practice and a Florida Friendly practice by the University of Florida. So I think endorsing that and codifying it in our ordinance would be a very good -- CHAIRMAN HENNING: If you can get me some material, I'll work with the County Attorney, providing the Board is in agreement. There could be separate composting. And what you're recommending is just on the ground taking those yard waste, such as grass and grass clippings and so on, so forth. Vegetables and other table scraps, I think it's in the best interest of all to contain rodent factors -- COMMISSIONER NANCE: Yes. CHAIRMAN HENNING: -- that that be covered up. If you want Page 60 November 18, 2014 to give me some information, I'll work -- COMMISSIONER NANCE: If the Board agrees that this should be moved forward, I'd be more than happy to do that and to engage our university staff and providing information to staff and yourself for your considera-- for the Board's consideration. I think there's a -- there's just a wealth of information available to us. It addresses different sorts of problems that have been encountered elsewhere. And I think everybody will be very comfortable with some of the things that we put together. CHAIRMAN HENNING: Commissioner Fiala, then Commissioner Taylor. COMMISSIONER FIALA: Okay, unless you would want -- COMMISSIONER TAYLOR: I just concur. I think it's a great idea. Well done, I look forward to reviewing it. COMMISSIONER FIALA: And I think this is great for conscientious people who would actually adhere to some of these suggestions as to how to compost. And it mentioned in here as I was reading through about first layering the brown layer and then layering the green layer and then watering and then go back and do the same thing, and this is how to do it, never put meats or anything like that and certain things that cannot go in. And I think people like you would do just exactly that. Then we have people who are going to just throw anything in there. Now it becomes a little bit troublesome, especially for the neighbors who might be having to deal with the odors that emanate from that. And another thing I was thinking -- and so I don't know how you could restrict that as you go along. I don't think you can just make it only for conscientious people who are honorable. But if it would be for everybody, we'll have to be a little more careful. Also, another problem we've been dealing with recently that we never had to deal with years before and that are the bears. And as you Page 61 November 18, 2014 well know, they'll break into a screened-in porch just to get to the garbage can. And would this be an attractant to them, especially if they're mishandled. And I think we're going to have to address that. Because we have bears and coyotes out there who might just think that we're preparing lunch for them, who knows? And I had a couple other things. These are only concerns that I think we should deal with. Composting is good, as long as it's done properly and -- as we've all been saying. And some of the things that you cannot leave in there, you know, like pet wastes or dairy products or whatever. You know, we have to just be careful that people adhere to it. Then it said that if you don't and your neighbor says that the smell is terrible, then you don't have to fix it until they give you a written notification. And then if you don't fix it then, then there might be even a more delayed period. Well, we have to also consider the effects that it has in a neighborhood. So, let's see, I think that is all that I had mentioned here. I don't want to go on and on. But those are things -- I think it's admirable. My goodness, my son even has a worm farm. He really -- yeah, he does. COMMISSIONER TAYLOR: That's the best. COMMISSIONER FIALA: And they're really great. But anyway, so composting is great, I just think we have to address all aspects of it. Thank you. CHAIRMAN HENNING: Let me try to address some of that for you. The people who are going to compost are the people that is going to want to take that material and put it on their plants. And if you put the things that you mentioned in there -- George help me out, it doesn't go anaerobic? In other words, it doesn't -- COMMISSIONER FIALA: They have it here. Page 62 November 18, 2014 CHAIRMAN HENNING: Yeah, it doesn't break down the good material. COMMISSIONER FIALA: You can't put certain things in there. CHAIRMAN HENNING: Right, you can't put them in there. MR. KLATZKOW: You can't put fat in compost. CHAIRMAN HENNING: Yeah, you can't put fat -- MR. KLATZKOW: I composted for years. Just organic. COMMISSIONER TAYLOR: We have an expert. CHAIRMAN HENNING: And if you do, it kills all the good stuff. And you want to create those food products that is going to encourage the worms to come in there to help you break down those materials. And if you put meat products or fat, waste or something like that, it's not going to happen, you're going to kill the worms. COMMISSIONER FIALA: You're talking about a conscientious honorable person doing that. CHAIRMAN HENNING: But now the next person -- now a person that's going to put the meats and the fats, they're not interested in composting, they're going to put it in their garbage for the bears and the coyotes. And the bears and coyotes are not vegetation (sic) so they're still going to be going into the garbage can and getting those materials. So it's just like Commissioner Nance says, there's several reasons to do it, including reducing our waste stream that goes into our landfill. So with that, if there's anything else? COMMISSIONER TAYLOR: No, I just -- I'm sorry, I'm fine. CHAIRMAN HENNING: Entertain a motion? COMMISSIONER TAYLOR: So moved to move this issue forward with the background that's needed to make an effective ordinance for folks who want to compost in Collier County. COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Does that include Commissioner Page 63 November 18, 2014 Nance's addition to yard -- to allow yard waste ground composting? COMMISSIONER TAYLOR: I would bow to his expertise in the area. Yes, I would agree to that, if-- but as you brought this forward, Chairman Henning, what is your -- CHAIRMAN HENNING: Yeah, I think it's proper within the proper setbacks. So it doesn't become a nuisance to neighbors, like Commissioner Fiala's concerns. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #10C RESOLUTION 2014-246: A RESOLUTION IN SUPPORT OF THE BUDGET REQUEST MADE BY SOUTH FLORIDA AG COUNCIL TO THE FLORIDA LEGISLATURE FOR CONTINUED FUNDING OF SOUTHWEST FLORIDA RESEARCH AND EDUCATION CENTER AND TO DISTRIBUTE RESOLUTION IN THE MANNER SET FORTH — ADOPTED MR. OCHS: Item 10.0 is a recommendation to approve a resolution in support of the budget request made by the South Florida Page 64 November 18, 2014 Ag. Council to the Florida Legislature for continued funding for the Southwest Florida Research and Education Center and to distribute the resolution in the manner set forth in the executive summary, and this item was placed on the agenda by Commissioner Nance. CHAIRMAN HENNING: Entertain a motion? Motion to approve by Commissioner Henning. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Second by Commissioner Hiller (sic). Commissioner Nance, do you want to bring -- make any comments on this item or do you want to vote? COMMISSIONER NANCE: I want to vote. CHAIRMAN HENNING: All in favor of the item, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #11A ACCEPTANCE OF THE COLLIER COUNTY ECONOMIC DEVELOPMENT STRATEGIC PLAN — APPROVED MR. OCHS: Takes us to Item 11, Mr. Chairman. Item 11.A is a recommendation to accept the Collier County Economic Development Strategic Plan. Commissioners, a little less than a year ago, the Board entered Page 65 November 18, 2014 into an agreement with the Partnership for Collier's Future Economy to jointly work and fund a plan and a series of programs to grow and diversify our local economy. The primary deliverable in the first year of that contract was a development of a community based Economic Development Strategic Plan. That plan has been completed and we have a presentation of the plan this morning from Julie Schmelzle, who's the chair of the board of the Partnership for Collier's Future Economy, and also John Cox, the president and NCEO of the Greater Naples Chamber of Commerce. So if you'd please step forward. Thank you. MS. SCHMELZLE: Good morning, Commissioners. My name is Julie Schmelzle, for the record, and I serve in a capacity of a couple of roles here. I'm on the Chamber Board as a board member, I'm also -- I was on the Steering Committee for Opportunity Naples as a member. And then I also have the privilege of being the Chairman of the Partnership For Collier's Future Economy. So in those roles I am here before you to thank you for your support, your continued support and involvement and engagement in this very special work that we have before us. So I always like to tell a little bit of a story. Because I think stories illustrate why something is relevant. So about 25 years ago, actually 26 years ago, I was in Orlando working. My husband was up there as well. He had come down here to visit his parents and his grandfather. He called me up and he said, honey, we're moving to Naples. I paused, hmm, thinking about it. Why? Well, I've come across a great opportunity for us. It has risk and it has reward. And there's a business that we're going to buy, together with my parents. So he proceeded to do that. He moved in with mom and dad, having no salary. I eventually followed. And I have been here for Page 66 November 18, 2014 about 25 years. I found a career here in Collier County. My husband has grown a business here in Collier County. And so while I say there's nothing unique about that, right, there's nothing special maybe about that, because it happens day in and day out, thousands of individuals moving across our country looking for opportunity, opportunity to succeed. But what makes it exceptional is that we did it here in Collier County. And so I illustrate that story, that's my special story, it's special to me because I'm here. And for what we're going to do together is going to be exceptional. So I again thank you for your dedication and the resources that you have brought to bear in allowing us to move this forward. As you know, the steering committee was comprised of about 46 individuals that we believe represented a cross-section of our community. And I will say, while we agreed, we also disagreed. But in the end we knew where we needed to go. And that was through the course of eight, actually nine months we moved into the finalization of a plan, of an action plan. And I know you all have copies of that. But that's not the end. The end is we finished a project. We adopted a plan. And when I took on this role, I was very pointed in saying that this was not going to be a plan that sat on a shelf, that said oh, we did something with your funds, with our funds. But rather it's a plan that is going to allow us to move forward in a very constructive and a very strategic way. So here we are. We have a plan and we are executing on that plan very distinctly. And I think John has mentioned this before, these community plans, as they're called, typically are a five-year view. We are in a three-year view, and because there are some real fundamental things that we need to address. And we need to listen and we need to communicate. Page 67 November 18, 2014 And so we will be moving forward. We actually are already moving forward in three working groups. The first is communication. And when I say communication, it's not for us to go out and say this is what we're doing, this is collectively what we've decided on behalf of our community, but rather it's that but it's also listening. It's hearing what's on the minds of our community as we go forward, creating what we hope is a community that will afford opportunity for everyone. The second working group we've coined community investment. With all things it takes money, it takes funds, it takes resources. And while many of us are volunteers, and I would quantify that that's a pretty good resource in and of itself, it will require us to go out and raise funds throughout this community. So we have to make it a compelling investment for those that we're going to be reaching through to. Our third working group is actually well in place; that which is coined business development. That is truly where the rubber meets the road, and that is capably led by Christy Bartlett and John Cox. That is the identification of businesses here in Collier County that need our help to allow them and to support their efforts to grow and expand. It's a very critical role. And we finish our partnership board meetings always with business development, because it brings it home, it makes it real for what we're trying to accomplish. So with that I just again want to emphasize my thanks for your engagement, for your support. You know, it's fundamentally -- I've tried to come up with a different terminology for economic development, because I think development scares people. And really what it's about is an opportunity to be gainfully employed, to have a career path, to invest in people so that opportunities for this great county will continue. It's a great place and I'm honored to serve in this capacity. Thank you so much. Page 68 November 18, 2014 CHAIRMAN HENNING: Thank you. MR. COX: Thank you, Mr. Chairman and members of the commission. It's a great opportunity that we have to stand before you today to say that in part the work that we engaged in together a year ago we can check that off our list. We worked hard on the strategic plan, we engaged a community of folks from all over Collier County and we believe that that mission is accomplished. But as Julie said, the mission can't stop there, because if it does it just ends up on a shelf and that's the end. That's not where we believe we want to go, we don't think that's where you want to go either. So we are in the process now of talking to you, to the County Manager, about extending a contract into a second year coming before you, presenting this information to you as we've had the opportunity already to meet with each one of you individually to answer questions that you may have had, and we've gone a step further. We've put not only the documents of Opportunity Naples, every one of them, in your hands, we've put every single one of those documents on line, OpportunityNaples.com, including the implementation plan, which is kind of the playbook of where we believe that we're going to go over the course of the next couple years. As I leave here, one of the next assignments I have is going back to our private investors to say we've done the work that we said that we would do, we've presented to the Commissioners, now we're coming back to our independent funders and asking them to fund us again as we go forward. Why? Two reasons: One, we believe the economy is best served when good business and good government work together. We think we've established that in this partnership. And secondly, the work that we need to continue to do now we can't do unless we seek private funding for. So you know a year ago we agreed with you on a division of Page 69 November 18, 2014 labor with respect to your Office of Economic Development, that that office would focus on the business climate, on the regulatory environment, on the issue of incentives. And now the work that that office is doing with respect to incubators and accelerators. So we all know that's their work to do and we have our work to do. So beyond a thundering request that we may present next month, we have to raise private dollars in order for us to work in business retention expansion. When you talk about community development, economic development, the most important function is taking care of your own businesses, and that is the work that Julie referred to that Christy is doing now with business retention expansion. Second is in the area of recruitment. We do think that Naples/Collier County offers a tremendous opportunity for companies from all over the world to locate here and to find a work force here and to do well here and to provide jobs for our citizens that otherwise they could not have. We've also agreed to take the Enterprise Florida Relationship, and it takes dollars to keep up with them, to get to their meetings all over the state and to make those domestic and international trips that they're making on behalf of Florida. So that while they're representing Florida, we can represent Collier and Naples in particular. And the issue of recruitment, I have addressed that already. We really believe that there are businesses, you just begin to name them, that are already looking for new sites to relocate. One more really bad winter and I think you're going to see a lot of those companies want to come further south. And then just the domestic and international marketing alone, it takes a lot of time, it puts people on the road, and there are costs associated with traveling with people and with creating those marketing materials. So we're going back to our private investors, we're saying we'd Page 70 November 18, 2014 like for you to do again what you did for us last year. And in the next agreement we plan to continue those activities that I've just outlined and initiate the process for launching the implementation plan. Thank you so much for allowing us to partner with you. CHAIRMAN HENNING: You take questions? MR. COX: Sure. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I'd like to begin by complimenting Julie and John on their leadership from the partnership side and from the Chamber side in really building community consensus. We have representatives from every single part of Collier County, from all different types of businesses, from nonprofits, from education, from law enforcement, and your ability to really bring together a conceptual plan that everyone bought into by way of consensus and is committed to implementing was really commendable. You really did an outstanding job. I would like to make a motion to approve the strategic plan and the ongoing partnership between Collier County government, the Chamber and the partnership. And again, reminding everybody that government's role is not to create jobs but to allow the private sector to flourish with respect to job creation, to allow for recruitment, to allow for retention. And obviously the overriding word is all about growth. So thank you for helping us be a better community and for creating wealth for everybody. So with that, I make my motion and I'd ask for a second. COMMISSIONER TAYLOR: I'll second that. It would be an honor. COMMISSIONER HILLER: Thank you so much. CHAIRMAN HENNING: Motion by Commissioner Hiller, second by Commissioner Taylor to approve Item 11.A. Page 71 November 18, 2014 Commissioner Fiala, and then Commissioner Nance. COMMISSIONER FIALA: Thank you very much. You are already -- we're going in for a second year now, right? So when you raise your funds, do you have a special account within the Chamber to deposit those funds? And if so, who then writes out the checks? MR. COX: The Partnership for Collier's Future Economy is a standalone 501C organization on its own, its own board of directors, its own bank account, and those funds are then written out of that partnership account. COMMISSIONER FIALA: Great. That's my question. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes. Mr. Cox, thank you very much. I just want to say that I'm very impressed by the Market Street services work that was done on Opportunity Naples and that I hope that everybody will take an opportunity, if they have not, to really take a look at the first work that was done, which I thought was so very, very intuitive and kind of outlined the challenges that we have to make our community inviting and to make our community competitive to those that would like to come and conduct business here. And that's the competitive assessment. That's the first work that was done. And I really consider this a baseline. And I hope that the team will continue to bring us back to that competitive assessment and that baseline on a regular basis so we can go in and take a look at how our implementation plan is doing and how we evolve in our efforts. Because I believe that that competitive assessment, although it does showcase all of the wonderful things about our community, it clearly outlines significant challenges that we do have that we should try to do everything in our power to address to keep our community at the top and move it forward and get the balance that all of us are seeking. Page 72 November 18, 2014 So I hope you'll continue to bring us back to that from time to time and remind us of where we started and what we're working on. But congratulations. I certainly endorse the item and I look forward to working for you to make it all happen. Thank you. CHAIRMAN HENNING: Leo, the -- you're going to bring back an action item for our participation in this endeavor, correct? MR. OCHS: Yes, Mr. Chairman, at the next meeting. CHAIRMAN HENNING: Okay. Those funds are going to go into this account. Those funds are subject to auditing. MR. COX: Correct. We actually are reimbursed for funds that we expend. So all of the dollars that we expend on behalf of-- all the Collier County tax dollars that we expend are sent to the Clerk's Office, vetted, verified and then returned to us in the form of reimbursement. CHAIRMAN HENNING: The action item that you're going to be bringing back is going to have specific language on how the monies can be spent? MR. OCHS: Yes, sir. It will be a formal agreement with written deliverables and reimbursement schedules based on those deliverables. Similar to the current agreement that you have with the partnership. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Leo, with respect to that agreement, my understanding is that we are looking to support two employees that will be working within the partnership that will be advancing the implementation of the plan; is that correct? MR. OCHS: That's correct, ma'am, along with some software to do some business relationship management. COMMISSIONER HILLER: And the total amount we're talking about is? MR. OCHS: About $200,000. COMMISSIONER HILLER: So the total amount -- in effect it Page 73 November 18, 2014 will be like the equivalent of a grant to the partnership. Is that how it will be treated? MR. OCHS: Yes, a reimbursable grant, as Mr. Cox has explained. COMMISSIONER HILLER: That's great. Thank you so much. MR. OCHS: You're welcome. CHAIRMAN HENNING: Discussion on the motion? COMMISSIONER FIALA: You have two speakers. CHAIRMAN HENNING: We have two speakers? MR. MILLER: Yes, Mr. Chairman, we have two registered public speakers on this item. Your first speaker is Jay Barry Colin. He will be followed by Bob Naegele. MR. COLIN: Mr. Chairman, Commissioners, my name is Jay Barry Colin. I am a managing member of 3D Printing in Florida, a new company, and one of the new people in the accelerator that's located on Kraft Road. I'm speaking on behalf of the accelerator project and the importance for community. Collier County, in fact the State of Florida, now is third largest in population, but it has only the sixth largest number of technically trained people. And so they really have to grow the technical people to close that gap to support the population. There are four economic engines that I'm aware of. I'm a graduate of the Wharton School and have run companies with 10,000 employees and facility services. The leisure and retirement sector is doing quite nicely. The agricultural section is under pressure from a plague affecting the citrus. Construction is recovered from the very big downturn that they experienced in 2008. And it is important for us to grow the business sector. And the way to do it is through small corporations, because they tend to hire the most people per revenue dollar that they generate. I'm asking that you understand that these accelerators bring Page 74 November 18, 2014 people together, companies together, and provide the support services such as provided by SCORE and the small business development organization, the Collier County Economic Development Commission, to supply these people with services to help them build their companies. And it also provides these service providers such as SCORE, et cetera, with a stage in which to meet with people who are interested in growing business in the county. Much like an orchard, it takes time for companies to grow and to develop. And so one of the things I would ask is that the people who are working on this project understand that you need some patience and give it some time. You're not going to get instance results in a quarter, you're not going to get instant results in a half year, it just doesn't happen that way. It takes people two, three years before they decide they want to move their company to an area. Thank you very much. MR. MILLER: Your final public speaker on this item is Bob Naegele. MR. NAEGELE: Thank you, Mr. Chairman, members of the Commission. I just want to thank you for your support. I've been privileged to be a part of the Opportunity Naples since its outset. And the people, the cross-section of people was terrific. Followed up by the process was very orderly. And I think the product you're going to be very proud of. So just thank you for your participation in this. CHAIRMAN HENNING: Thank you. There's a motion on the floor, a second. Any further discussion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. Page 75 November 18, 2014 COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. Next item? Item #11B A $2,500,000 GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR FUNDING ASSISTANCE FOR THE COUNTY'S SOFT LANDING BUSINESS ACCELERATOR PROJECT AND APPROVE NECESSARY BUDGET AMENDMENTS — APPROVED MR. OCHS: 11.B is a recommendation to approve a $2,500,000 grant agreement with the State of Florida Department of Economic Opportunity for funding assistance for the County's Soft Landing Business Accelerator project and approve the necessary budget amendments. Mr. Register, your Business and Economic Development Director, will make a brief presentation. MR. REGISTER: Commissioners, good morning. Bruce Register, your Director of Economic Development. I want to thank the Commission for accepting the strategic plan. There's a lot of work from the community that's gone into that plan. I believe it does provide us a clear guidepost for exercising our options Page 76 November 18, 2014 to control our own economic destiny, so thank you. 11.B is a recommendation to approve a $2.5 million grant agreement with the State of Florida, Department of Economic Opportunity for funding assistance for the County's Soft Landing Business Accelerator Project and approve the necessary budget amendments. Commissioners, I'd like to point out, the leadership from this Board since fall of 2013 and meetings that have occurred in November, December, May through a successful legislative session with the help from our own Senator Richter and support from our legislative delegation, we've been successful in achieving an opportunity that I believe will chart the path for Collier County's future economy. This recommendation will consist of two accelerator components. The first will be a western Collier County accelerator in the urban area that will focus on international and domestic businesses to help them develop business plans, formulate marketing plans and strategies, garner venture capital and focus on developing patent and intellectual property that will help push forward our entrepreneurial innovation economy in Collier County. The second facility will be an eastern Collier County facility that will focus on the agribusiness in the form of new food product development by providing services for a culinary kitchen, a commercial kitchen to help stimulate those ideas and the entrepreneurs in those communities and leverage the agribusiness products and commodities that are generated in our rural areas of Collier County. Why do we want to do this? The purpose of this project is to recruit companies into Florida that will create high value employment opportunities, attract foreign direct investment, improve our export opportunities for Florida companies, and foster an environment for entrepreneurs who desire to stay in the region and build their own Page 77 November 18, 2014 businesses. Some of the details in this grant is a stipulation for receiving the grant is included (sic) a job creation goal of 208 job year equivalents or $12.5 million of capitol investment over five years. What are the anticipated impacts of this project? We believe that it will effectively and efficiently leverage our community's assets into an innovative approach that will help diversify our economy through technology driven businesses, through international foreign direct investment, as well as fostering local entrepreneurship. The value proposition of this project will expand Naples and Collier as a center for entrepreneurship in many ways other initiatives could just not accomplish. We have confidence that the resources in collaboration of the team, I think you've seen some of those here and I believe there are some in the audience today, that will provide our ability and capacity for and enabling this project to surpass the state goals prior to the agreement term's conclusion. A couple of those points I'd like to demonstrate is that we have launched a pilot, we have demonstrated demand for these kinds of services in our community. We do have six applicants: Two are current tenants to date with two in the move-in phase. We have two pending final decisions and we have over four other prospects that are considering locating in our accelerator. The accelerator has generated over a half a million impressions through Google Ad words to date. We've conservatively projected the accelerator outcomes from the performance and progress of comparable accelerators. But also this component of this facility represents a very unique product. There are only 14 Soft Landing accelerators in the United States of America. We budgeted and planned for a highly skilled professional management team to focus on achieving these results. Page 78 November 18, 2014 And additionally, Collier County and Naples has been ranked by Forbes as one of the fastest growing markets. We also have institutional relationships that have already been established, particularly with the French group Redis, and we expect to expand on that with other international trade organizations. We have the full support of the business community that I believe are nurturing the entrepreneurial spirit in Collier County, and we feel like it's our duty to fully support that from an institutional approach. Finally, I'd also like to point out that with the onset of discussions about an accelerator, we have our own private capital. Our local private capital sector is also discussing ways in which they could build a capital form of an innovation fund that would help drive forward the capital investment needs of the incubator tenants and -- accelerator tenants, excuse me. So what I'd like to say is we have two agenda items before you: 11.B is the grant and 11.0 is a discussion about our administrative entity and the role of the fiscal agent. I'll be happy to discuss that a bit more lately (sic) after we've had a discussion about this issue. But the bottom line is that we've got to encourage invasion as an emerging community culture, because that will have great power to influence our economy and build local career opportunities for our young citizens and adults alike. So as I said before, it's leadership from that Board that has put us in this position to begin with earnest an action plan for this game-changing project for Collier County. With that, I'll entertain your questions. CHAIRMAN HENNING: Commissioner Hiller, then Commissioner Fiala. COMMISSIONER HILLER: Thank you. Bruce, thank you for your presentation. The idea of an accelerator for Collier County came out of the Page 79 November 18, 2014 Chamber led at that time by Michael Wynn and then subsequently endorsed and supported by the current chairman of the chamber, Dudley Goodlette. And I say that we have to thank the Chamber, not only for what they've done with respect to the economic development strategic plan, but also with respect to advancing this accelerator project. The Chamber team, between the chair, Dudley Goodlette, and the president, John Cox, went up to Tallahassee with staff support to help obtain this grant of 2.5 million to start this project. And it was Senator Richter's leadership, along with Representative Passidomo's leadership -- I should say Senator Richter's leadership at the Senate level and Representative Passidomo's leadership at the House level that secured these funds for Collier County. So we're very much appreciative and obligated to them for bringing this to our business community and to the residents of Collier County. And so I would like to make a motion that we approve acceptance of this grant of 2.5 million for this accelerator. And we wish the community all the success and hopefully, you know, this will be a hotbed of emerging business and maybe we'll see the next Starbucks or Netflix or maybe Apple come out of Collier County instead of Silicon Valley or Kendall Square. Because that's who we're going to compete with. MR. REGISTER: Absolutely. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Yes, I have a couple questions. And one of them is on this particular one they were talking about 208 job year equivalents. And they were talking about a regional effort. And I asked the question in my office of Bruce Register and I said those 208 job equivalents, will they be for Collier County or will they be for the Page 80 November 18, 2014 whole region? And he said it would be for the region, but we would get the credit for it because our people would be teaching them. And I wonder, will there be any calculation as to what kind of jobs? Because, you know, we're very enthusiastic about it here in Collier County, but will there be any credit for jobs that we invigorate or create, or are we doing this for the region? MR. REGISTER: Commissioner, the metric of 208 job year equivalents is a proxy for us to demonstrate to the state that we've returned the equivalent of the $2.5 million benefit to the community and the state. The notion of the jobs created are completely independent of the exact location where they're going to occur to the state in order to fulfill our obligation. In regards to meeting our own Collier County objectives, we feel like that the lion's share of the influence on job creation will occur in Collier County. But we are a regional player and we have partnered with our region partners of the additional counties. And by making this financial investment and building an adequate administrative capacity to function at this high level, we want to share that with our neighboring communities, and we have offered that to them in prior discussions, and we will offer the services of the accelerator network for them to take their own initiatives and build their own accelerators, and we will provide staff guidance and support for fees, for reasonable fees. And we had this discussion at length with our potential administrative entity, and they are a regional organization that can help us facilitate that regional approach. But our real focus is primarily to help nurture and grow and influence job creation in Collier County. But because we will have the capacity to assist, we plan to fully exercise that and be a beneficiary to our regional partners and neighbors. COMMISSIONER FIALA: Okay. In the booklet that you have, Page 81 November 18, 2014 and I'm afraid I do not have it here with me, but on Page 558 and 559 it was so smudged I couldn't read it. And I tried to look at it on line but I couldn't read it either. Is there a way that you can get us -- MR. REGISTER: Absolutely. But, Commissioner, the point of that chart that you're looking at is the machinations of a regional and economic impact analysis called IMPLANT. And it is a -- it was as device that Florida Gulf Coast University graciously allowed us to use to determine exactly what kind which tactic translating the number of jobs into an equivalent tax impact. It was nothing more than that. It's just really a calculation to determine the 208 jobs that would equate to 2.5 million of tax revenues generated over the time period. COMMISSIONER FIALA: Would you send us each a -- MR. REGISTER: Absolutely. COMMISSIONER FIALA: -- so that we can see that, please. Let's see, right now I think that that's all I have to ask you. I was concerned about those jobs. I love the idea that you're working with Joe Paterno and his people there. They're great and they've been proven success over and over and over again and so that's a good thing. Thank you. CHAIRMAN HENNING: You know, I find it amazing the state is willing to give us 2.5 million jobs (sic) and we get the count in other county's job creations. If we can't do that in Collier County for 2.5, we need to get out of the business, period. So that has to be a commitment by your staff that they will create those 208 jobs in Collier. It's not asking about wage parameters, it's just creating jobs. MR. OCHS: Yes, sir. And we're prepared to do that. Yes, sir. CHAIRMAN HENNING: Okay, that's going to be a commitment, and you're going to demonstrate that to the Board -- MR. OCHS: Absolutely. CHAIRMAN HENNING: -- in the time frame of the grant that Page 82 November 18, 2014 those were created in Collier County. MR. OCHS: Yes, sir. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, I'm very intrigued by the accelerator project that you've outlined for the eastern part of the county. It deals with food as a perishable commodity. And I really think that it's an ambitious endeavor. I think it's a high risk, high reward play. I'm comfortable with that. But it's going to take a lot of effort. So I will do whatever I can to support it. I'm going to second the motion for approval, but I want everybody to know that when you get in the food business, people are going to be working from can't see to can't see to make it work, so -- CHAIRMAN HENNING: There's a motion by Commissioner Hiller to approve this item, second by Commissioner Nance. Discussion on the motion? (No response.) CHAIRMAN HENNING: Speakers? MR. MILLER: Yes, sir. I have four registered public speakers. Your first speaker is Bob McCashen. He'll be followed by Andrew Solis. MR. McCASHEN: Good morning, Mr. Chairman and Commissioners. I came before you probably about a year ago when this program was getting started. I've been living in Collier County for about 12 years full-time. I spent about 35 years in the technology business. I managed businesses all over the world, and so I felt like I had something I could contribute to the team. Today I currently am mostly retired, but I do a few board works and I sit on the City of Naples Planning Advisory Board, and I'm a strategic adviser for a company in Naples called Falls River Group and they're a global M&A firm. My comments are short. I think the accelerator program is a great Page 83 November 18, 2014 way for the county to distinguish themselves differently from other counties out there. There are lots of accelerators. There are only a few unique ones like this. Collier County is unique in that you have so many, and we have so many international people that either spend a couple of months or six or seven months here every year. A week doesn't go by I don't run into another CEO that's outside of the U.S. Those are the people we have to try and get ahold of and get them to participate in these programs. And I think they'll be very willing to, especially if they see young entrepreneurs from their countries coming over here. I've told Bruce that I'm very happy to volunteer my time as a mentor and adviser, any way I can help the program, because I feel it would be very good for everybody in the county. Thank you very much. CHAIRMAN HENNING: Thank you. MR. MILLER: Your next speaker is Andrew Solis. He'll be followed by Karl Williams. MR. SOLIS: Good morning, Mr. Chairman, commissioners. Andrew Solis. I'm a Director with the Law Firm of Cohen and Grigsby in Naples and I'm also the President of the Council of Hispanic Business Professionals in Collier County. And I've also served on the steering committee for the Opportunity of Naples study. And I've had the pleasure of being involved in some of the events, specifically the Redis symposium that was organized, and met several of the French companies that were here. And I think the accelerator and the program that's being proposed is absolutely beneficial for the county. The interest and the prospects of some of those companies coming to Collier County I think is what we've been looking for for many, many years. I've been here since '93 and I think this is long overdue and something that we all need to support. The counsel certainly supports the effort, and whatever we can do Page 84 November 18, 2014 to assist in making it happen, we'll be glad to do. Thank you. MR. MILLER: Your next registered speaker is Karl Williams. He'll be followed by Vincent Izzi. MR. WILLIAMS: Good morning, Commissioners and Mr. Chairman. I'm the chairman of the local SCORE of Naples chapter. And over the past 25 years we've helped thousands of people create new businesses. And over the past 25 years we've also helped a lot of existing businesses with their issues, growing their revenue and in some cases helping them stay in business. I'd like to say that we at SCORE are 100 percent behind this project and initiative, the accelerator and the incubator. And we have a lot of data that shows that if you are a person and you come to SCORE, you have a higher success rate. There's also a lot of data that shows that if you have a business incubator, those businesses are a lot more -- have a higher probability of success. And so again, I think that -- a couple years ago I wrote an article for the Business Currents, which I'm sure all of you have read about business incubators. And in that article I surveyed a lot of the business incubators and their success in Florida. And I said we needed one in Collier County. And a lot of people told me that will never happen in Collier County. Well, I think today we can make a difference and make that happen. So I appreciate your support for this initiative. Thank you. MR. MILLER: Your final speaker on this item is Vincent Izzi. MR. IZZI: Let's see, it's almost good afternoon. I'm not sure, we're on the cusp there. Thank you very much, Mr. Chairman and the Collier County Commissioners. I really appreciate this opportunity to come up here and talk about the importance of this incubator accelerator. I've actually been with the SCORE of Naples chapter as a volunteer for -- I'm in my tenth Page 85 November 18, 2014 year. And one of the things I was very excited about when I heard about this incubator and accelerator was coming from the Boston area where we have a lot of that we didn't have that here. This is an incredible opportunity, okay, to really expand our opportunity here to diversify our economy. Because that's how it gets stimulated, through an incubator and accelerator, because you bring very diverse businesses. It's also a great opportunity for our SCORE Naples chapter. With over 65 volunteers, we are the breadth and depth, okay, of experience, along with many, many other organizations inside Collier County to provide the kind of skills and expertise and help for these emerging companies. We also volunteer, as some of you know, to provide SCORE volunteers, along with the SPDC, to spend time in the incubator. So we've met the companies that are already there, okay. And we find that just talking to them, we know that we can help them move forward. Now, the third part of this, which is really I think very important is the fact that we now have another landing spot for our graduates coming out of school. We really, really need opportunities for these young students to be able to come out, to find opportunities, to find employment in the high tech, biotech, all of these industries. This is how Collier County is really going to make it, by having this opportunity so we can retain that incredible talent we have here. And so -- and that's really what I'm here for is to support that. I'm a big believer in that. And these are our future leaders, these are our future companies, and why not have them here in Collier County? Thank you very much. CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. Page 86 November 18, 2014 COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Next item I think everybody knows, read their packet. Instead of a presentation so we can get Penny Taylor out of here for lunch in two minutes. We have some questions. Would you read the item? Item #11C WAIVE FORMAL COMPETITION AND APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH ECONOMIC INCUBATORS, INC. ("EII") FOR ADMINISTRATIVE AND MANAGEMENT SERVICES ASSOCIATED WITH THE COLLIER COUNTY SOFT LANDING ACCELERATOR PROJECT — APPROVED MR. OCHS: Yes, sir, Item 11.0 is a recommendation to waive formal competition and approve and authorize the chairman to execute an agreement with Economic Incubators, Incorporated for administrative and management services associated with the Collier County Soft Landing Accelerator Project. And Mr. Chairman, as you said, I think the Board is familiar with the intent here. It's to contract with Economic Incubators who are associated with the Southwest Florida Workforce Development Board. Mr. Paterno, the CEO, and Ken O'Leary the chair of the board are here today and they've worked with us over the last several weeks to put this Management Services Agreement together. There were a couple of items, Mr. Chair, and we will not be Page 87 November 18, 2014 lengthy, but we wanted to enter into the record a couple of corrections, minor corrections on the executive summary. First was that we had referred to Economic Incubator as an affiliate of the Southwest Florida Workforce Development Board. I think Bruce has got a little bit of a correction on that. And we also referenced them being a not for profit 501c3. They have applied for that. They are a registered not for profit, but the 501c3 status is pending. But Bruce, did I cover that, or is there something else there? MR. REGISTER: I think you did cover it. MR. OCHS: Crystal, is that sufficient? MS. KINZEL: (Nods head affirmatively.) CHAIRMAN HENNING: What is the affiliation? Who is it? MR. REGISTER: With your indulgence, Southwest Florida Workforce Development Board and EII have a shared management common use of facilities, equipment and employees, which is the partial definition of an affiliate. Their relationship is probably better described as separate and distinct entities with similar but not identical board director membership. Legally EII is not directly controlled and it is not wholly owned by the Southwest Florida Workforce Development Board. MR. OCHS: Commissioners, just as Mr. Cox mentioned a minute ago that the Partnership for Collier's Future Economy is associated with the Greater Naples Chamber but they keep a separate set of books and they're a separate not for profit organization, the Southwest Florida Workforce Board has done the same thing in carving out their not for profit so they can keep the accounting and the financials and all the records separate. Which is helpful to us and to them and to our Clerk's Office in accounting for the reimbursements for the expenditures. CHAIRMAN HENNING: Commissioner Hiller, Commissioner Page 88 November 18, 2014 Fiala. COMMISSIONER HILLER: I'd like to make a motion that we approve. CHAIRMAN HENNING: Motion by Commissioner Hiller to approve. COMMISSIONER NANCE: Second. CHAIRMAN HENNING: Second by Commissioner Nance. Commissioner Fiala? COMMISSIONER FIALA: Yes, just a couple of questions. And I just found confusion on my part, possibly no one else did. Under this topic the Economic Incubator Incorporated says it will be paid $50,000 annually to coordinate this effort, I believe it is. Yet further on down it talks about $395,000 advance payment to EII. And then farther down yet it says the first year EII agreement amount is 1,480,929. So tell me what that actually means. Is that every year or one year or which year or what? MR. OCHS: Ma'am, that's -- that is the budget to run the two accelerators, the total budget. Okay, EII will -- COMMISSIONER FIALA: The 1-4. MR. OCHS: Yes, the 1-4. They will receive the $50,000 a year for their management services. That's all that EII receives. But they are managing the books on that entire operating budget as part of their agreement. So that's an indication of what the annual budget is to run the two accelerator programs. COMMISSIONER FIALA: Okay, see it doesn't say that at all. It says the first year EII agreement amount is 1 million, 480. But what you're saying really is they're going to get that much to manage the whole agreement? Not just for them. MR. OCHS: They're going to manage both accelerators, and that's the budget to do that. COMMISSIONER FIALA: I see. So then the 395,000 advance Page 89 November 18, 2014 payment is the first payment to manage the whole accelerator process, right? MR. OCHS: Yes, ma'am, that's seed money for the budget, for the op -- COMMISSIONER FIALA: And as I read all of the things that they're going to be doing, there's a lot of stuff here. Managing staff and leases and real estate issues, procurement, supplies, goods and services, and we're only paying them $50,000 a year; is that right? Looks like they're going to be managing the whole program for only 50,000. You have pretty cheap labor there, Joe. Anyway, I wanted to get that straight, because it doesn't say it quite like that. MR. OCHS: Thank you, Commissioner, for that clarification. CHAIRMAN HENNING: Leo, we knew that we received a grant in June last year, June or July? MR. OCHS: Yes, sir, the Governor signed it sometime in June. CHAIRMAN HENNING: Okay. So we had plenty of time to advertise for proposals. What was the reason not to go through the formal bid process? MR. OCHS: Sir, when we looked at the contract window and the fact that we had to expedite some of the standing up of these two accelerator projects and the fact that experience that the Workforce Board has had on a regional level, they manage multiple facilities and multiple counties, part of their work as the Workforce Board obviously involves training of talent in the region, so we thought they could bring some value added to the accelerator project, not only in the management and administration, but they may be able to identify some additional training opportunities that they could leverage through the Workforce Board. And that's the reason why we thought that they were an extraordinary fit for this project. And they also have a very solid represent reputation throughout the state. And we knew that the Page 90 November 18, 2014 DEO would be very comfortable working with them as a subcontractor. CHAIRMAN HENNING: But who was involved in staff participation to make the determination that we're not going out to bid? Who was involved in that? MR. OCHS: I'm sorry, sir, one more time? Who was involved in CHAIRMAN HENNING: Who was involved in making the decision not to go out to bid? MR. OCHS: That would be me, sir. CHAIRMAN HENNING: Just you? MR. OCHS: Yes. In consultation with the staff it was really my thought that we should approach the Workforce Development Board. CHAIRMAN HENNING: What staff are you talking about that helped you form that decision? MR. OCHS: Well, Mr. Register and Ms. Markiewicz in procurement. And that's essentially it. But it's my responsibility, sir. CHAIRMAN HENNING: I don't understand the reason to partnership with a new not for profit organization when you already have a not for profit organization doing the same thing. I don't understand that. Why are we doing that? Why isn't it just the Southwest Florida Workforce Authority that we're entering into an agreement with? MR. OCHS: Maybe Mr. Paterno would like to elaborate on that. CHAIRMAN HENNING: I'll be gentle. MR. O'LEARY: Commissioners, I'm Ken O'Leary, I'm the president of the Southwest Florida Workforce Development Board and the president of EII. In our deliberations, besides the issue of accountability and, you know, to keep separate books, we have a contract for one year. Maybe we'll go on to a second year. The idea was that rather than try to Page 91 November 18, 2014 disengage Southwest Florida Workforce Development Board and create another entity after we've left, by creating a branded entity that has started to work right now because it's a -- because of the type of corporation it is, there's no stock holdings or anything, all we've got to do is to elect a new board and new officers, and then EII will continue on doing exactly what it's doing. That was the rationale behind it. CHAIRMAN HENNING: Why not the Workforce Development Board? MR. O'LEARY: Because the Workforce Development Board has a contract for one year, maybe a second, but that is the extent of it. CHAIRMAN HENNING: Contract with who? MR. O'LEARY: Excuse me? CHAIRMAN HENNING: It doesn't have a one-year with the Board of Commissioners. Who does it have a contract with? It says separate entity. MR. REGISTER: They have a contract with the County Commission, the Board of County Commission, between EII, which is an associated entity of the Workforce Board. CHAIRMAN HENNING: We're going -- on our agenda is a proposed EII agreement with the county. MR. REGISTER: Correct. CHAIRMAN HENNING: So what agreement does the county have with South Florida Workforce Development Council? MR. REGISTER: I believe we do have an unrelated memorandum of understanding that facilitates their delivery of services for their state-wide -- excuse me, their district-wide mandate. But beyond that in regards to an actual formal agreement we do not have an additional agreement with the Workforce Development Board. MR. O'LEARY: And I was trying to answer the question when you said, well, why not with Workforce. CHAIRMAN HENNING: That's what I'm trying to understand. Page 92 November 18, 2014 MR. O'LEARY: We will be entering into EII, or if it was Workforce, we would be entering into on the Workforce, with leases, other types of contractual agreements. The idea was if you create a separate company that will continue on after we leave, and we're going to be leaving -- we, EII -- CHAIRMAN HENNING: The Board. MR. O'LEARY: And this is where I understand, our involvement, Ken O'Leary, Joe Paterno, the rest of the staff, okay, is over with in either a year or maybe a second year. But the program stays going. So the idea was is to create EII to allow that to continue after our involvement's over with. CHAIRMAN HENNING: And you'll elect -- they'll be chosen new officers for EII, is that what you're saying, in the future? MR. O'LEARY: There are certain requirements within the agreement. Yes, once we're out then we'll elect new officers, new directors and we'll be out of it. CHAIRMAN HENNING: What's the compensation for the officers? MR. O'LEARY: Zero. COMMISSIONER FIALA: So EII is pulling out altogether, is that what he's saying? CHAIRMAN HENNING: No, what he's saying is any not for profit, you're going to elect, you know, board of directors. MR. O'LEARY: Yes. CHAIRMAN HENNING: Kind of like a church where you have deacons and that, they kind of change them out. It's very common to do that. But the main director, the person that does all the work, is going to stay within that not for profit organization. That's kind of how they work. MR. O'LEARY: That's correct. COMMISSIONER FIALA: Thank you. Page 93 November 18, 2014 MR. O'LEARY: Anything else? CHAIRMAN HENNING: Stay tuned. Commissioner Taylor? COMMISSIONER TAYLOR: Mr. O'Leary, that's wonderful. MR. O'LEARY: I wanted to get off of there as soon as possible. COMMISSIONER FIALA: It's pretty hot up there, huh? MR. O'LEARY: I just want to go home. COMMISSIONER TAYLOR: I'll be very quick. You mentioned when you started to speak the word accountability, and it pricked my attention here. What did you mean? MR. O'LEARY: Well, accounting is probably the better idea of that. By having a separate entity than all the bills and how we apply back to the Clerk's Office for reimbursement and so forth of that nature is very clean. It only has to deal with the incubator accelerator. The Workforce Development Board, we manage -- I think we're up to 18 million or something of that nature this year. So we have lots of programs. They're all state and federal mandated, so we're used to the accounting and the audit procedures and all the rest of the stuff of that nature. This just gave us the opportunity to separate those things so it's a kind of a clean accounting. COMMISSIONER TAYLOR: Understanding that at some point in the near future, not the far future, you would be stepping back from it; is that correct? MR. O'LEARY: Near future is maximum two years, and it might only be one. COMMISSIONER TAYLOR: Okay, thank you. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Leo and representatives of Workforce, my understanding is you all met with the Clerk and that this was a structure which was discussed with the Clerk and ratified by the Clerk as being the best for purposes of accounting and operations? Page 94 November 18, 2014 MR. OCHS: Well, the Clerk's Office worked closely with us, as did the County Attorney, and certainly Mr. Paterno and Mr. O'Leary. I think we've done everything that we need to in terms of the contract. Then obviously the Clerk's Office will do their pre-audit based on the deliverables and the requirements in the contract and do what they always do, and they'll do it well, I'm sure. COMMISSIONER HILLER: And the Clerk, having reviewed this agenda item, has not objected to the waiver of formal solicitation and has not objected to the structure as proposed? MR. OCHS: Well, I guess you can ask -- COMMISSIONER HILLER: No, they would have already -- they should have already raised it if they were going to object to it. CHAIRMAN HENNING: I don't think that's their obligation. I'll let Crystal answer that. Their obligation is to financially enforce the Board's agreements. COMMISSIONER HILLER: No, I believe what happened was that staff and representatives of Workforce communicated with the Clerk to ensure the Clerk understood exactly what was intended and that what was done would meet with the Clerk's Office approval so that there wouldn't be an after-the-fact criticism of what is being approved by the Board. MR. OCHS: Well, I do know that representatives from the Workforce Board did meet with the Clerk early on. I believe they had a very productive discussion. The Clerk's Office has been very helpful in helping us over these many weeks put this agreement together. Crystal, I don't have any other comment to make there. MS. KINZEL: Commissioner Hiller, I think Commissioner Henning's correct in saying that we don't opine on your structure of contracting or who you vetted. We didn't do that. We did work with staff to make sure that some of the criteria to allow us to pay would meet the standards that we audit to. Page 95 November 18, 2014 We went over with Mr. Paterno and Ken the milestones. I think Leo created some things that prove that there would be a good or a service receipt by the Board. We were looking primarily at a payment criteria. And again, we don't pre-bless or predetermine even our ability to pay, but what we did try to do was work with the board upfront to make sure that they understood what type of evidence we would require. But opining on the structure of their arrangement in the corporate structure, we did not take that role. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. We're going to take a lunch break and be back at 1: 16. (Luncheon recess.) MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, please take your seats. CHAIRMAN HENNING: Okay, let's go to our next item. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Page 96 November 18, 2014 MR. OCHS: Item 7, sir, is public comments on general topics not on the current or future agenda. MR. MILLER: I have no registered public speakers for public comment at this time, Mr. Chairman. MR. OCHS: Commissioners, your advertised public hearing, items are scheduled to start no sooner than 1 :30, sir, so -- CHAIRMAN HENNING: Well, let's go to the CRA items. Item #14B1 COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE AN AGREEMENT FOR PURCHASE AND SALE AUTHORIZING THE SALE OF CRA OWNED PROPERTY IN THE GATEWAY MINI-TRIANGLE TO FORTINO CONSTRUCTION & DEVELOPMENT, LLC FOR CONSTRUCTION OF A MIXED- USE DEVELOPMENT COMPRISING RESIDENTIAL, HOTEL AND ROOFTOP RESTAURANT AND RETAIL USES - MOTION TO ACCEPT THE AGREEMENT AS WRITTEN — APPROVED MR. OCHS: CRA? Yes, sir, we have one item under Community Redevelopment Agency on the regular agenda, that's Item 14.B.1. That's a recommendation that the Community Redevelopment Agency approve an agreement for purchase and sale authorizing the sale of CRA owned property in the Gateway Mini-Triangle to Fortino Construction and Development, LLC for construction of mixed use development comprising residential, hotel and rooftop restaurant and retail uses. CHAIRMAN HENNING: Okay, we're going to temporarily suspend the BCC meeting and convene the CRA. Commissioner Fiala is the chair. Page 97 November 18, 2014 CRA CHAIRWOMAN FIALA: Thank you very much. Will the CRA meeting please come to order. We will be discussing number 14.B.1. And you've already read what it's about, Leo. MR. OCHS: Yes, Commissioner. CRA CHAIRWOMAN FIALA: And I guess we can just move right on to Burt. Would you like to talk on this subject or would you like staff to talk about it? You know. MR. SAUNDERS: I think initially we're here to listen, if we could do that. CRA CHAIRWOMAN FIALA: Okay, good. COMMISSIONER HENNING: I have some questions. CRA CHAIRWOMAN FIALA: Do we have a staff member here? MR. OCHS: Yes, ma'am. CRA CHAIRWOMAN FIALA: Well, I mean, Mike -- okay, Mike. I mean, I know you're a staff member, I just didn't know CRA -- MR. OCHS: I don't know if Ms. Jourdan is here, but Mr. Durham from my office has worked with her and other members of the staff internally. We can address issues, along with the County Attorney, on the terms and conditions of the contract. CRA CHAIRWOMAN FIALA: Did anyone call and ask Jean Jourdan to come over? Yeah, okay. All righty, go ahead. COMMISSIONER HENNING: I have questions. CRA CHAIRWOMAN FIALA: Sure. Do you want to ask your questions before Tim Durham starts? COMMISSIONER HENNING: Yeah, I want to know from Tim what add-ons were changed to the existing contract and when. MR. DURHAM: Thank you, Commissioner. Tim Durham for the record. Page 98 November 18, 2014 The -- and I apologize, the network's down so it makes it difficult for me to show the materials as easily I normally would. But I do have hard copies. The agreement that's in your agenda packet, which was agreed to prior going to print, is one that the developer, the developer did agree to. But I do have to raise one concern with it as I proceed. So you have the one that's in your packet. We tried to address the concerns that were raised at the prior board meeting in crafting and working with the developer to create the agreement that you see before you. One of the concerns is when you research these things and look at what other jurisdictions have done, there's basically two problems that can typically arise. One has to do with you sell the property to the developer and then the developer starts the work and then at some point they can't complete it and you're stuck with what's there. There's been some pretty famous examples of that. And the remedy, if you don't have something in the agreement to correct it, is that you have to wait for the marketplace to provide another buyer to purchase the land and get it back -- purchase property and get it back to the way you want it. That's one thing that can happen. The other that can happen is some sort of inordinate delay. And again, it would require if it's a city or a county or whatever the jurisdiction is to possibly purchase a property. Just for an example, Raleigh, North Carolina just within the last year, they sold a piece of property downtown to a developer for 5 plus million. They didn't have a provision in their agreement to buy back or other remedies, but they felt they had to get the property back once that development failed. And it cost them $20.2 million. So that's a little bit of the background of what's going on. So you have the agreement that's before you, and Commissioner Page 99 November 18, 2014 Henning had asked what are the changes that were recommended or proposed. And based on our interaction with the Commissioners during the one-on-ones, it became apparent -- and sir, if you'd put this in the visualizer -- that several Commissioners would only agree to go forward with this item if the developer was willing to put some other safeguards in the agreement to protect the county. So we met with Mr. Fortino and Burt Saunders with Commissioner Taylor and we discussed if some of these additional benchmarks and a surety bond would be acceptable. Because she felt that she'd have a hard time voting for the item unless these extra provisions were agreed to. And based on our interaction with Mr. Saunders and Mr. Fortino, we found out this morning that they could not agree to these additional safeguards. And I believe that's what prompted their withdraw of the proposal. And that's pretty much the history of it. But I think the intent of the additional language was to add additional benchmarks and additional guaranties to make sure that the project would be kept on track in a timely manner and be able to hold the developer accountable. CRA CHAIRWOMAN FIALA: Could I hear from the CRA Director? I still think that you should be the executive director for the CRA. And I think I should propose that very soon. But go ahead. MS. JOURDAN: As he said, we had made all the changes that the Board had discussed and got the contract all solidified and everything. And Fortino and them signed the contract to bring it back to the Board. And then apparently there was some changes recommended to it. And basically Fortino had said that he didn't want to move forward because he could not actually agree to those terms. But in the contract there itself they are putting up $152,000. So there is some earnest money that will go to the county if they don't actually proceed. Page 100 November 18, 2014 COMMISSIONER FIALA: Thank you. Burt? MR. SAUNDERS: For the record, Burt Saunders with the Gray Robinson Law Firm. And I do represent Anthony Fortino and his development company. Let me point to a paragraph in Exhibit B, which is a Declaration of Restricted Covenants, paragraph four. And just for the record I'll read it real quickly: In the event developer is unable to meet the terms of this declaration, such as not meeting the deadlines to include mutually agreed upon extensions or develops a property in a way that is substantially different from the uses and densities described herein, the county may exercise the right to purchase the property for $5.2 million dollars. So if something goes wrong, builds half a building, like they did in Durham, I think was the example, you're not going to pay five times the cost of the property. You're going to pay the 5.2 million, if you want to buy it back. I believe the county is fully protected. We have a signed contract, it's in your package. I have a deposit check. We were ready to close yesterday. We were presented with several conditions that we cannot meet. One of them is the requirement for a $500,000 surety bond -- we could do a $500 bond -- $500,000 surety bond. What this would in effect be is a letter of credit. You can't get a bond for this type of guarantee that the staff-- or has been suggested to us. No one's going to put up a $500,000 letter of credit under these conditions. You can rebid the property, you're not going to get a surety bond under these conditions. You have that protection in the document. We're ready to move forward if the Commission decides to go forward with what's in your packet today. Otherwise, as I've indicated -- or as was indicated, we have withdrawn our offer. And we did that because we can't accept Page 101 November 18, 2014 any changes. Now, if you want to go forward with what's in your packet with what we negotiated in good faith, we signed off, we're ready to close and proceed. And you are protected in this document. CRA CHAIRWOMAN FIALA: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Couple of things. The first is what is the requirement -- my understanding, and let me restate this. It's my understanding that the developer needs to do some market impact study. What is that all about? MR. SAUNDERS: I'm going to have Mr. Fortino address that. We do have -- the way this all came about, we have a due diligence period in there. In my reading of the contract, and this is pretty typical in real estate contracts, there is a due diligence period. And during that due diligence period the contractor can terminate the contract for any reason or for no reason. Mr. Fortino has discussed the need to do some market analysis and that's what he's going to start doing immediately. But what we're really talking about is what are the rights of the purchaser during the due diligence period. But in terms of marketing, if you have some specific questions, Mr. Fortino can address that. COMMISSIONER HILLER: What is the length of time, 150 days from the date of this agreement to determine that soil tests, there are no abnormal drainage properties in compliance with applicable state environmental laws, and can be utilized for the intended purpose (sic). So what you're -- this market study you're suggesting would be utilized for its -- would be related to number four, utilized for its intended purpose? Is that the -- MR. SAUNDERS: The language in that section is very broad and it's not uncommon that during a due diligence period that a Page 102 November 18, 2014 purchaser can terminate an agreement. And that's what this language does. COMMISSIONER HILLER: You know -- MR. SAUNDERS: Whether it's a market study, whether it's a soil test, it doesn't really matter. Because it says in there -- and again, it's not uncommon, but it says for any reason whatsoever. COMMISSIONER HILLER: Well, I think that 6.02 refers to 6.01, that it's specifically for the inspections identified as 6.01, subsections one through four. I'm not sure it's as broad and as open as you say. Usually I thought they -- MR. SAUNDERS: Let me just address that. Let's assume for a moment that it only applies to one through four. And it says if purchaser is not satisfied for any reason whatsoever with the results of any investigation. Now, that's totally within his discretion as to whether he's satisfied. No question about that. So let's say that there's a soil test that says that there's sand there. And he says, you know what, I don't like this. That would be a reason for him to say no. But that's -- again, that's not uncommon in a purchase contract. COMMISSIONER HILLER: This is not a contract. If you don't mind, I want to understand this. We haven't signed this -- CRA CHAIRWOMAN FIALA: Mr. Klatzkow wanted to say -- COMMISSIONER HILLER: That's fine. I do want to hear what Jeff has to say. No one has signed this contract, right? This is their offer? MR. KLATZKOW: This is a proposed contract. COMMISSIONER HILLER: This is the proposed contract. MR. KLATZKOW: They have signed the contract. COMMISSIONER HILLER: Right, but -- MR. KLATZKOW: And now it's up to what the Board wants to Page 103 November 18, 2014 execute. COMMISSIONER HILLER: But this terminology here is something that they're proposing. We're not bound -- MR. KLATZKOW: You have a core fundamental disagreement on this contract that I was not aware of until a meeting yesterday. It is the purchaser's understanding of the contract that he may do a market study, and if the results of the market study are such that this is not an economical project for him, he can walk. And if he decides to walk, the deposit money goes back to him, all right. So in essence what you have here is an option to purchase where he has five months to figure out whether or not this is a deal he wants to do. And at the end of the five-month period if he decides he does not want to do this deal, he can walk away from the deal with all his money and we'll have to just rebid it. But that deposit's illusory. That's what I found out yesterday. There really is no deposit here, because there's virtually no circumstance where it won't go back to the purchaser. COMMISSIONER HILLER: And these -- the additional provisions that were on the screen before are Commissioner Taylor's -- MR. KLATZKOW: That's our standard language in our standard contract. I've always had the understanding that 6.02 tied directly into 6.01. COMMISSIONER HILLER: I did too. MR. KLATZKOW: And we were talking about engineering studies, soil test. Mr. Saunders has a different interpretation of that. I understand his argument. But beyond the argument there is an essential disagreement as to the essential core of this contract. Now you do not have a meeting of the minds. Now, you can agree to this contract, okay, under that offer, okay, but what you're saying is that he has five months to figure out whether or not he wants to proceed with this deal and if for whatever reason he decides not to, Page 104 November 18, 2014 all right, he's entitled to end the deal and to get his deposit back. Burt, is that correct? MR. SAUNDERS: Again, the language says that he can terminate the contract for any reason whatsoever. COMMISSIONER HILLER: The language can be modified. I mean, that's your proposed language, it's not the -- MR. SAUNDERS: We don't -- I mean, just to set the record straight here, we made this offer based on our negotiations with staff and signed the agreement. When we were confronted with this other change yesterday we withdraw our offer, because we knew we couldn't stand here and try to negotiate a contract. Because just like at the last meeting, it starts to break down. We thought we had an understanding, and we're ready to proceed with that understanding. But if we need to make changes, then I don't know where we can go with it. COMMISSIONER HILLER: Well, Commissioner Taylor is proposing safeguards with respect to benchmarks and security, which would seem to be reasonable. I think they're important safeguards. And I'm very concerned about what Jeff is saying with respect to the lack of meeting of minds on, you know, what this is all about. So it doesn't really make any sense to vote on this today. And maybe it should be continued to allow the parties to continue to work through this. I mean, this is Commissioner Taylor's district, I think, you know, her opinion -- CRA CHAIRWOMAN FIALA: Well, let's hear from her. COMMISSIONER HILLER: -- is important. CRA CHAIRWOMAN FIALA: Okay, Commissioner Taylor? COMMISSIONER TAYLOR: As I was watching this and I attended several CRA meetings during this last year, it became apparent how important this was to the Triangle. However, it also -- because we, as you have, as I have gone through 2008, 2009, you can't Page 105 November 18, 2014 take anything for granted. And one of my greatest concerns about this area is that the economy is moving and there's an interest in this area. And I didn't want to see this property tied up because of-- and not come to fruition. So I felt that these were reasonable safeguards to put within the contract to ensure that there are benchmarks, that this property will be developed, and that if the benchmarks aren't met there was a way of recovering at least some of it and getting out of it before we're five years from now and two walls are up. And I'm exaggerating, I'm not suggesting that that's what you're going to do. But to me it's very important to move on this. In my conversation with Mr. Klatzkow, our attorney, he suggested the surety bond, which I understand is just business as usual. And that was the deal breaker yesterday. The $500 (sic) surety bond. CRA CHAIRWOMAN FIALA: 500,000? COMMISSIONER TAYLOR: 500,000, yeah. And I'm sorry that we're here at this point, but it's very, very important to me to have these benchmarks within the contract. CRA CHAIRWOMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, there are some benchmarks within the existing contract. You've got a 36-month start for construction. And then there's a 60-month completion. So you just want to shorten those time frames. MR. SAUNDERS: Mr. Chairman? While you're talking about shortening the time frames, let me remind you that you have leases on this property and we can't do anything until those leases expire. There's a tower lease on there. There's things in there that are a little bit complicated. And so, you know, is 36 months a long time to begin construction? You know, that is a fairly long period of time. However, you have to shorten that by the length of leases that the county has, the CRA has on those properties. So that's part of why we have that worked in there. Just wanted you to know that as you're -- Page 106 November 18, 2014 CRA CHAIRWOMAN FIALA: The CRA chairman would have been able to tell you this, our executive director, but she hasn't been a part of a lot of this. And so she's got all the history there, she's been working on it a long time. And I'm sorry that that wasn't revealed, but COMMISSIONER HENNING: Okay, if I can continue. CRA CHAIRWOMAN FIALA: You may. COMMISSIONER HENNING: Thanks. Our leases, past leases, we don't have tenants in a lot of these; is that right? How many tenants are left, one? MS. JOURDAN: No, we have Smith Plastering. We also have Greenway Nursery that's there. Smith Plastering's lease will be up next year. Then additionally Auto Pride has asked for an extension in theirs. They are looking for a new building and they've asked for an extension that will be coming to the Board also. But I think Greenway still has about two years left in there. And the leases can't be terminated unless Greenway would agree and would allow them to buy them out. They have to be assigned. COMMISSIONER HENNING: The other thing, the leases that we did have a year ago, I think we had something like $300,000 a year income. MS. JOURDAN: Correct. COMMISSIONER HENNING: Now that has been diminished to two or three tenants. How much of a loss is that? MS. JOURDAN: Right now it's about $150,000 loss. Budget Rent-A-Car has replaced -- has actually relocated, so we no longer have that tenant, just because they knew that the site was targeted for redevelopment, so they can't continue their operations knowing that it's going to be sold, so they relocated. Additionally, Auto Pride has bought a building. They're the ones Page 107 November 18, 2014 who we get most of the rent from. And it will take them probably six months to a year, but they're definitely relocating from -- COMMISSIONER HENNING: Mr. Fortino, did you secure those two properties at the nose of the triangle? MR. FORTINO: We have them secured, yes, sir. COMMISSIONER HENNING: Pardon me? MR. FORTINO: Yes, we do, we have them secured. COMMISSIONER HENNING: Okay. So that's I guess my concern is why you want to leave this on there. I think that we need to discuss this. And we can't do that until we have a dialogue, and that's what this is all about. So we heard why there's a 36-month process in here, is because there's one lease that's a two-year lease, correct? MS. JOURDAN: Correct. COMMISSIONER HENNING: The problem is the tenants that were there are gone. So our revenue stream has diminished greatly. MS. JOURDAN: Correct. COMMISSIONER HENNING: And they're not going to be filled, ladies and gentlemen, because we're going to continue trying to market this. MR. FORTINO: I'm sorry to interrupt you, but let me just point out, I'm very familiar with the leases that are there. COMMISSIONER HENNING: Can we speculate? Yeah, we can speculate on somebody else coming forward. We did a long time ago before the market was downturned and the Board turned that down. So that's when you have real blight, and that's my concern, by not sticking to the agreement. The only thing that has been removed, from my understanding, and Burt you can correct me, is a real estate commission; is that correct? MR. SAUNDERS: I didn't hear the first part of the question. There may be a real estate commission. The county's totally involved Page 108 November 18, 2014 in that, we are not. COMMISSIONER HENNING: Yeah, well, we removed that. MS. JOURDAN: Right. CRA CHAIRWOMAN FIALA: Off of this agenda item. COMMISSIONER HENNING: Off of this agenda item. And that's my understanding the only thing has changed. MR. SAUNDERS: Yeah, those two items were separated. COMMISSIONER HENNING: So that was my main concern, and I think that we can deal with that later. It's a heck of a gamble. That's my opinion, it's a heck of a gamble to sit and wait. We've done that for -- I mean, I can't even recall the first time that we were contemplating -- CRA CHAIRWOMAN FIALA: That was Dan Paoli, wasn't it? COMMISSIONER HENNING: That was, it was. I don't recall the year. CRA CHAIRWOMAN FIALA: That happened in like 2002 or something like that. COMMISSIONER HENNING: Yeah. So, you know, sometimes you've got to -- sometimes you've got to just take the chance. MS. JOURDAN: May I just say what one of my major concerns is? CRA CHAIRWOMAN FIALA: Yes. MS. JOURDAN: Is that, you know, we've always targeted that hoping to get those two pieces at the corner to be redeveloped with our property. What my concern is, is that Mr. Fortino is going to move ahead and put just some C-4 uses there. They're going to be on those two properties. We're never going to get what we want built on our property. It's going to be the same type of uses. Because he can go and build any permitted use he wants. I don't know if that's his intent, but I think he would build the highest and best use, which would be something along the C-4, which is currently similar to things that we Page 109 November 18, 2014 may not want and didn't want to see it be developed. Once those key pieces are gone, it's -- I just don't know what we're going to do. I mean, it just doesn't fit within the redevelopment plan anymore. CRA CHAIRWOMAN FIALA: What you're really saying is we had planned on it being a coordinated effort so everything move together to be one large unit, whatever it would be, or at least everything corresponding with one another rather than different businesses all over. MS. JOURDAN: Yeah, that's my concern. CRA CHAIRWOMAN FIALA: Mr. Fortino might build two wonderful businesses at the beginning, but there goes the rest of the plan. Because he now has the option to buy those. And we tried that for years and could never get the option. And so, you know, there is that chance too. You talk about the chances that Tim Durham talks about or you talk about the other chances, so -- MS. JOURDAN: And another thing is having those, you know, two key pieces there, that's just very instrumental. And no one else is going to have that. He's going to have control of that. So we just have one 5.69 acres for someone to develop. What are they going to develop if he doesn't have a uniform thing and just has two commercial uses there? In my opinion, he's invested a lot in the game because he's paid cash for these two properties there, you know. And then he's bartering to try to get this property. So that eases my concerns somewhat. Additionally, I know it would tie up the property for five months, but however, if he walks away we're not losing anything. If he walks away now we're going to lose those two key pieces. And that's just how I look at it. CRA CHAIRWOMAN FIALA: Thank you. I have a couple other speakers here, and that's first Commissioner Nance. COMMISSIONER NANCE: Yes, ma'am. Let me just ask a Page 110 November 18, 2014 couple questions to make sure everybody understands what's going on. Mr. Fortino, is it my correct understanding now that you have outright purchased these other parcels which you previously had an option to buy? MR. FORTINO: No, we have not closed on them as of yet. We have every intention on doing so. COMMISSIONER NANCE: Okay. So those properties are still in play. Ma'am, what is our current annual revenue today on our holdings there compared to what it was before we started to offer the property for sale? It was my understanding that our annual revenue was somewhere around $331,000 annually when we started this process. And what is our current annual revenue? MS. JOURDAN: May I look in my executive -- COMMISSIONER NANCE: Yes, ma'am. I'm just looking for a ballpark. You don't have to give me -- MS. JOURDAN: Yeah, it's been reduced by about 150,000. COMMISSIONER NANCE: Okay. So we're down below $200,000 in revenue where we were. You know, because some of the things I talked about at the time when we originally engaged this was that actually our holdings there, as far as the CRA's indebtedness and whatnot, we're cash positive. And that was one of the few bright stars in that. So at this current situation where we have lost tenants, we are probably no longer able to even pay our debt service; is that correct? MS. JOURDAN: I can't answer that question. We'd have to -- MR. OCHS: We're able to pay our debt service. COMMISSIONER NANCE: We are. MR. OCHS: Yes, sir. And you have a reserve for debt service. COMMISSIONER NANCE: No, no, I know that. But, I mean, before we were cash positive, we were actually -- Page 111 November 18, 2014 COMMISSIONER HILLER: We still are. COMMISSIONER NANCE: We still are. COMMISSIONER HILLER: Oh, yeah. MR. OCHS: You're able to pay your debt service out of your operating budget in the CRA. COMMISSIONER NANCE: No, no, that's not my -- are we able to pay our debt service from our revenue? What was -- our revenue was 330 and what was our annual payment? I believe we were actually making money on the situation, were we not? Or is that me making a misassumption? COMMISSIONER HILLER: I thought it was a million -- MS. JOURDAN: I started to say, yeah, our debt payment's 900 and some thousand. COMMISSIONER HILLER: It was a million and a half and the debt was restructure by Fifth/Third and they extended the term because there was a balloon that was due. This property has been for sale for a long time. I don't believe that the leases were not renewed because the property was for sale, I think they just terminated and no longer had reason for being in that area. COMMISSIONER NANCE: But the bottom line is we're annually collecting -- MS. JOURDAN: They terminated because of the sale. Their leases were about to terminate anyway, so they were asking for the leases to be renewed, which I was going to bring to the Board for renewal. But they decided just to go ahead and leave, they just felt it was better. COMMISSIONER NANCE: Well then what we have now is a situation where we have $150,000 less income than when we started this discussion with Mr. Fortino. MS. JOURDAN: Correct. That's correct. Page 112 November 18, 2014 COMMISSIONER NANCE: So we got an extra 150,000 a year in this endeavor in which we're pretty much committed to at this moment. MS. JOURDAN: Right. And that we will be losing in about six months. Because they have already bought a building. The tenants which pay the most rent that we get most of the income from is Auto Pride, and they're going to be leaving in about six months. They bought a new building and they're renovating it. COMMISSIONER NANCE: So what will our remaining revenue look like? MS. JOURDAN: Our remaining revenue will be around $2,500 a month, so that would be about $28,000 a year, somewhere around in there. COMMISSIONER NANCE: Now we're talking about being 300K down a year. MS. JOURDAN: Yeah, we will be. COMMISSIONER NANCE: So over the next three years we'll be $900,000 short of where we would have been. Times three. Well, you know, with great deference to Commissioner Taylor, I believe that Commissioner Henning has a valid point, that we really -- you know, we have more skin in the game now than ever on this situation. So I don't know if there's something we can do to reach a comfort level with her. I want to be deferential to her, it is her district, but I do have a concern that we're going to be in a worse situation than when we began. CRA CHAIRWOMAN FIALA: Thank you, Commissioner Nance. Commissioner Taylor? COMMISSIONER TAYLOR: I share your concern, that's why I put the safeguards in the contract. And the other issue is I don't know if the Commission Page 113 November 18, 2014 understands, and I'm not -- I didn't understand it until I sat next to Mr. Klatzkow yesterday. This is not a contract where it's for sale. This is an option to purchase. That's a whole -- he can walk away and he has no skin in the game. There's nothing -- he doesn't leave any money on the table. From what I understand of folks who do this, and I'm not a contractor, I'm not a builder, a 500,000 surety bond is business. It's normal business. This isn't something extraordinary that shouldn't be there. But if you have an option to purchase and you want to take all your marbles if it doesn't work out at the end of the day, then you don't want to put down that bond. So what Mr. Klatzkow said yesterday, and he said it again today, this is not a contract to purchase, this is a contract for an option to purchase. And the way it's written has put he has all the power here. We cancan come with our hands out and worry about the future, but I worry about the future in another way. And I think if it's normal business to issue or to have a $500,000 surety bond, and if there is a serious man who has a vision who has his investors who wants to go forward, I don't think it's too constraining, this time frame. And that's why I did it like that. No one was more surprised than I am that it was withdrawn yesterday. COMMISSIONER NANCE: Mr. Ochs, could you put the criteria back up on the visualizer for me, sir? Excuse me, I'd like to see exactly what it says again. Madam Chair, can I just make another remark? CRA CHAIRWOMAN FIALA: Please do. COMMISSIONER NANCE: You know, I'm a little concerned here, because just like -- I'm not doubting Commissioner Taylor's dedication to making sure that we have safeguards here. But it says on the schedule, commence vertical construction within 24 months of the date of conveyance. Mr. Fortino is not even going to be in possession of it. Because we have a lease that runs for another 24 months, do we Page 114 November 18, 2014 not? MS. JOURDAN: Right. COMMISSIONER NANCE: So Mr. Fortino will not have been able to even gain access to the property and even conduct, for example, a Phase I environmental audit on a piece of property he hasn't even been allowed to take possession of. So I don't see how we can -- I don't see -- COMMISSIONER TAYLOR: That's within the contract, the 150-day period. COMMISSIONER FIALA: Commissioner Hiller, did you -- COMMISSIONER HILLER: I'm sorry. COMMISSIONER FIALA: I'd really like to hear Commissioner Nance's, but -- COMMISSIONER NANCE: I just want to make sure that these deadlines are compatible with the realty of the circumstances that are going to allow a potential buyer to do due diligence. And I'm not making a judgment on his market study, I don't know what that is, I'm just talking about other fairly standard due diligence activities that you have to be in possession of the property in order to do. Am I the only one that's worried about that? CRA CHAIRWOMAN FIALA: No, I think you make some good points. I see that both of them say complete construction in 60 months from the date of conveyance. That's the same -- so there's a couple things here. I think you're absolutely right about commencing vertical construction 24 months from the date of conveyance, because they can't go in there until the property has turned over. So I think the 36 months sounded reasonable to me, just because you won't even have possession of the property yet. You can certainly do permitting and stuff like that and you can get design work and everything together, but you're not shoveling a shovel in the ground until the people move out. Page 115 November 18, 2014 And then you've got to make site preparation and all of the stuff that goes with it. So anyway, I understand that. Yes, ma'am? MS. JOURDAN: The conveyance is when we convey it to them. Then from the date of conveyance then they have 36 months, so -- CRA CHAIRWOMAN FIALA: Oh, okay. So -- MS. JOURDAN: Yeah, a different time. CRA CHAIRWOMAN FIALA: -- it's not until then. Oh, I'm sorry. MS. JOURDAN: Correct, correct. That's the closing. That's the closing. And then from the date of closing they have 36 months in order to start going vertical. CRA CHAIRWOMAN FIALA: So -- and the date of closing has to be within nine months? MS. JOURDAN: Within 180 days. COMMISSIONER FIALA: 180 days, okay. So you've got six -- go ahead, Commissioner Henning. COMMISSIONER HENNING: You're going to perform a market study, correct? MR. FORTINO: We'll probably -- of the due diligence period, of the 150 days. It's a market study, feasibility study, I look at the soils, I look at the geotech, I look at everything on the property. COMMISSIONER HENNING: Could you share that information with the county? MR. FORTINO: Well, there's language. MR. SAUNDERS: My recollection of the contract, and I'll take a quick look at it, is that if the deal falls apart, it doesn't close, all those documents go to the county. COMMISSIONER HENNING: Okay. And that's very important. Because if a market study shows that it is not feasible to do at this site, we need to change what we're doing, okay. That is key. Page 116 November 18, 2014 Because, you know, in the past this was supposed to be a hotel and housing and shopping. You're losing the shopping. We need to do something -- we need to do something else. And I think it's a value, personal value to find out more about this property. Because if it's not marketable for what we want, then we need to reconsider how we need to market this and what could be done there. Right now the -- I don't -- the stipulations, you can't build a lot of industrial -- light industrial; is that correct, Jean? MS. JOURDAN: Correct. Just up to the C-4. COMMISSIONER HENNING: And it might not be right for that. I say in my opinion we need to go for it. Or otherwise we're going to be sitting on it for a long time, potentially sitting on it for a long time. MS. JOURDAN: May I ask Fortino what the cost of a market -- what's the cost of the analysis that you're going to do? Do you have any type of-- MR. FORTINO: Well, it's not just one report, it's several reports from different agencies. And Mr. Chairman, you're absolutely 100 percent correct in what you've just -- COMMISSIONER HENNING: I heard that a lot today. MR. FORTINO: Okay, you're 1,000 percent correct, how's that? COMMISSIONER HENNING: But here's the chairman. MR. FORTINO: Mrs. Chairman, absolutely as well, I put you in that category. Yes, what my group and I are interested in doing, the zoning that's permitted now. We're not looking to rezone, we're not looking to do any of that. However, there are densities that we can build up to. Now, we are permitted to build up to 193 hotel rooms. We're not sure if we want to do that. We may build up to 140, 150 units of hotels. These studies will help us to be successful. The last thing we want to do is stick a shovel in the ground, invest all this money and it's Page 117 November 18, 2014 not a successful project for us and for the county. So we definitely want to build something that makes sense. And these studies, 150 days that we put in the contract allows us to do that. And it's a very aggressive schedule. We're not building a one-family home here. This is a very complex project, challenging site to build and develop on. And these things will help us to understand what those complexities are and how to meet those demands, not only on site logistics but on density and the zoning that we want to, you know, maintain and hold to. CRA CHAIRWOMAN FIALA: Thank you. One last question from you. Have you heard from any of your board members about this? Or were they all solidly behind this? MS. JOURDAN: They all supported -- I did not tell them that it had been pulled from the agenda today because it was put back on. But they're -- CRA CHAIRWOMAN FIALA: Okay, fine. And Commissioner Taylor, do you have any further comments? COMMISSIONER TAYLOR: Yes, I just have a question. Who decided what was going to go on this site? Was it the developer, was it CRA? Who came up with this idea? CRA CHAIRWOMAN FIALA: I was sitting at the meetings so I can tell you. They approached the CRA and they came up with the ideas and the CRA was very welcoming of them. Am I speaking out of turn? MS. JOURDAN: Well, it actually was part of the redevelopment plan and the study back in 1999 to put a mixture of uses, hotel, retail and residential on this. There's been two other conceptuals that was done that actually they were more grandiose because they included the entire 14 acres, which would be hard, you know, for any one person to assemble. But it's all -- it's been in the plan and been -- actually, it was targeted as a catalyst site exactly for those type of uses when the Page 118 November 18, 2014 redevelopment plan was first put into effect. COMMISSIONER TAYLOR: I think Commissioner Henning had a very interesting comment, because that means you've got an idea for an area that's 15 years old and an area that's changed so dramatically. The stakeholders on either side have not been brought into it. Times have changed. You've got the marina that's for sale across the way; you've got a wonderful spa area that wasn't there 15 years ago. So with all due respect, I think the plan probably could be changed and be updated. And I think, and I'm just saying this, I think that if the county was to undertake something like that, even just as a meeting, bringing in the stakeholders who own property around the area, including the City of Naples, because there has to be a concern there, I think that the zoning could be changed to attract something that would be very current with 2014, 2015, not 1999. CRA CHAIRWOMAN FIALA: So what are you thinking of? COMMISSIONER TAYLOR: Well, what I'm saying is I don't think we have to rush into this. You don't have a contract, you said you had a contract. I was at the meeting, you said this was a contract for sale. It's an option to buy. And you've got a developer who doesn't want to have normal business by putting up a $500,000 surety bond. You've got -- you know, I don't think -- I mean, leases are leases, but you already lost one tenant. I don't see that it's a deal breaker, because 24 months from now he has to start. I think it can be worked out. I don't see this as a deal breaker. I just think that if he's serious, this is reasonable. COMMISSIONER FIALA: Okay. And the last person to speak is Commissioner Hiller. COMMISSIONER HILLER: Thank you very much. I agree with Commissioner Taylor. You know, when this was competitively bid it was intended as a sale, not as an option. And I Page 119 November 18, 2014 think that the points that the County Attorney has raised are very important. I think the safeguards that are being proposed are reasonable. And I think this very last point that the zoning that's intended for this parcel dates back to 1999 is of real concern. I don't know if we've spoken to Fifth/Third Bank, I don't know how they've been involved in this since, you know, since they're the ones carrying the debt. You know, whatever proceeds we would get would have to be, you know, paid to them and, you know, how the balance of the debt would be handled, you know, what collateral is left to cover that I don't know if they've been consulted on this. I agree with Commissioner Taylor, I think it would be imprudent for us to accept this today, based on what's being proposed in light of what's expected. CRA CHAIRWOMAN FIALA: Thank you. So all in all we don't have a motion on the floor yet, but I'll tell you, and my personal feelings are we've sat and languished on this property for the 14 years I've been on this Commission and for many years before then, and all it's done is deteriorate. And I think it's about time we got off dead center and made a move. You know, we're not going to lose anything, because the agreement says -- we might lose a little bit of time, but we were going to lose the time anyway. Because if we put it back on the market we're going to have to go through the whole thing. Both times that we had it one the market we got one buyer. I've heard from other developers within the community who have said, given recommendations, move forward. Don't waste any more time. Because that property is going to be difficult at best to start moving forward. Take this option as long as you have it and move forward. So would anybody like to make a motion? (No response.) CRA CHAIRWOMAN FIALA: I'll make a motion. So I make a motion that we accept the agreement as written. Page 120 November 18, 2014 COMMISSIONER HENNING: Second. CRA CHAIRWOMAN FIALA: And I have a second from Commissioner Henning. Any further discussion? (No response.) CRA CHAIRWOMAN FIALA: All in favor, signify by saying aye. COMMISSIONER HENNING: Aye. CRA CHAIRWOMAN FIALA: Aye. COMMISSIONER NANCE: Aye. CRA CHAIRWOMAN FIALA: Opposed like sign. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CRA CHAIRWOMAN FIALA: Okay, I have two opposes, 3-2, it moves forward. Thank you very much. And with that, the CRA meeting is -- MR. SAUNDERS: Madam Chairman, if I may make one closing comment. I want to first of all thank you, the Commission, for this. You're not going to be unhappy with this end result. But I want to thank staff. Staff has worked very hard on this. I've spent a lot of time with them. Jeff Klatzkow's office, very willing to meet with us and talk to us. And so I just want to thank all the staff. Tim Durham, Jean Jourdan, everyone that worked on this has been very diligent and you should be very proud of your staff. Thank you. CRA CHAIRWOMAN FIALA: And stay close, because we want to watch every move you make. MR. FORTINO: Yes, thank you, Commissioners, for your support and I second again Tim Durham, Leo Ochs and staff, and the County Attorney did a fantastic job help crafting this and I appreciate your support. Thank you so much. CHAIRMAN HENNING: We need your license plate number so Page 121 November 18, 2014 we can -- MR. FORTINO: You got it, thank you. CRA CHAIRWOMAN FIALA: And the meeting is back to you, Commissioner Henning. CHAIRMAN HENNING: I lost my agenda. Here it is. Oh, we're on advertised public hearings. MR. OCHS: Yes, sir, would you like to start with 9.0 and 8.A, because they're companion items, Mr. Chairman? CHAIRMAN HENNING: All right. I don't care if we go in order. Doesn't bother me. Anybody have a preference? COMMISSIONER FIALA: No. 9.C, did you say? MR. OCHS: Yes, ma'am. CHAIRMAN HENNING: How about the AUIR? MR. OCHS: Want to do AUIR? We'll do that then. Item #9A ORDINANCE 2014-39: REVIEW AND APPROVE THE 2014 COMBINED ANNUAL UPDATE AND INVENTORY REPORT (AUIR) ON PUBLIC FACILITIES AND CAPITAL IMPROVEMENTS ELEMENT (CIE) AMENDMENT AS PROVIDED FOR IN CHAPTER 6.02.02 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND SECTION 163.3177(3)(B), FLORIDA STATUTES AND ADOPT AN ORDINANCE THAT UPDATES THE 5-YEAR CAPITAL IMPROVEMENT SCHEDULES — ADOPTED MR. OCHS: Let's go to 9.A. That's a recommendation to review and approve the 2014 combined Annual Update and Inventory Report on public facilities and Capital Improvement Element Amendment as provided for in the Land Development Code. Page 122 November 18, 2014 And Mr. Bosi will make the presentation. MR. BOSI: Good afternoon, Commission. Mike Bosi, Planning and Zoning Director. Today in continuation of some of the items that we spoke about earlier on your 11 agenda items in terms of economic development, we have the Annual Update and Inventory Report and the Capital Improvement Element. It's a combined effort that deals with infrastructure and services and the provision of that to our county residents. The AUIR is the annual one-year snapshot in time for projected needs and required improvements for all infrastructure and service providing departments and divisions based upon the population projection increases against accepted levels of service standards that's been adopted by the Board of County Commissioners. And it should be noted that this is a snapshot that changes, and it changes as the demand for those services change. What's included in the Capital Improvement Programming, the AUIR? In your category A which make up your currency facilities, those are the stop or go for whether building permits cancan be issued based upon the availability of infrastructure and services. Our roads, drainage, potable water, wastewater, solid waste, parks and recreation and schools. The blue components are the only statutorily required components to be within your concurrency facility. The other are local options that this Board has in the past directed that the road, the drainage, the parks and the schools be part of the Category A facilities. The Category B facilities are your jails, law enforcement, libraries, EMS, government buildings and your two dependent fire districts, Ochopee and Isles of Capri. The question, it's really a math problem, and it starts with how do we project growth; how do we begin the first part of the equation, what Page 123 November 18, 2014 we need to build to? And it's contained within our Growth Management Plan within our Capital Improvement Element within our Growth Management Plan. It's Policy 1.2. And it says population estimates and projections shall be based upon the most recent population bulletin. From the University of Florida's Bureau of Economic Business and Research. You'll hear the term BEBR a lot within the AUIR Capital Improvement Element process. The county has adopted the policy of the BEBR medium projections. But we also have an additional factor that we provide for because we are a seasonal destination. Because in the winter months our population swells with visitors, with second homeownership. And that's within our seasonal population. For that and to account for that, we add 20 percent to our permanent population as a balance. We derive that number from looking at our potable water number, our solid waste, trip counts, a number of different factors that indicate what this spike in demand is at any one period of time. And we've decided upon a 20 percent increase to adjust for those seasonal populations. And then we get to that equation that I was speaking about. How much do we build? And it's that new population against a level of service standard, and that equals the capital improvement program. And that's why the level of service standard that's adopted by the Board of County Commission is just so important. The easiest example to provide for that is in library buildings. And just let me put a disclaimer: We're good on libraries for 10 years, but it's a pretty straightforward math problem, that's why I picked that as an example. Over the next five years the county from BEBR is expected to have 34,221 people. That's how many additional residents we're going to have projected over the next five years. To accommodate the demand that those additional persons will place upon our infrastructure system against our libraries, we multiply Page 124 November 18, 2014 that against our standard. Our standard says we will provide .33 square feet per person of library space for every county resident. So we have 34,221 people we're expecting in the five-year period. Our capital improvement programming says we multiply that against our standard and that gives us what we need to maintain the level of service that the individuals within this county have grown to expect within our built environment. And the libraries are very straightforward and an easy example to understand. But that's the concept of everything that we have within our AUIR or CIE is maintaining the place, the quality of place and the level of services that the residents have come to expect and the residents expect as we add populations, that we're not going to degrade or we're not going to lessen the levels of service that we are providing, so we can maintain the quality of place in a continuum. There's a couple other reasons for the AUIR. Primary, it establishes the rational nexus required for the utilization of impact fees in both of your categories. Now following my presentation, Mr. Casalanguida is also going to provide a Power Point that shows you some of the growth areas and some of the concerns that we have in terms of some of the hotter spots of building within the county. But it underlines the tone of how we finance our Capital Improvement Program. And the Board has made a decision that impact fees will be one of our primary components of how we maintain the revenue streams needed to complete these capital improvement programs. And the reason why impact fees were chosen is the Board has always said they want growth to pay for growth. And what impact fees do is they charge the new user who's coming into this county an assessment in what it would cost to expand that facility based upon their decision to live within the county. And it's an approximation. It also provides for a budgetary standpoint. It's an approximation Page 125 November 18, 2014 of revenue projected over the capital period to determine the county's ability to provide the adopted levels of service. Meaning -- and we have a policy within our Capital Improvement Elements that says that we must maintain financial feasibility. From a state perspective, that used to be a requirement. It's no longer a requirement. But we at a local level have made the decision that says we want to make sure that we have a financially feasible Capital Improvement Program. So the CIE that is before you that you will be deciding, we have identified the necessary revenue sources to be able to provide for those capital improvement programmings that are contained. And another important key within the AUIR/CIE is all the projects contained within this program have to be related to growth for all the reasons that I just articulated. Whose idea was this? Section 6.02 of the LDC requires the county to (sic) provide the public facilities and services meet or exceed the standards establishing the CIE required by the statutory reference and available when needed for development. And 6.02.02 of the LDC requires the AUIR. It originated in 1994. One of the things that I've noted as a project manager for the past eight years is we are the only county in the State of Florida that goes through this length to talk about the wide range of categories of infrastructure and services that our residents enjoy. We married up the AUIR and the CIE because -- we used to do about a six month deference. We've married them up by the direction of the Board of County Commissioners to provide a more cohesive and a more uniform program. The next slide that I have here is basically your driver. And if you look at it -- and it's our population projection for the next five years. There's a coup-- there's three numbers that are highlighted in red. The 2011 current year, the 327,000 people projected, that was a Page 126 November 18, 2014 reflection of this 2010 census resetting our population numbers. If you look at the number that's above it and to the right, that's what we had expected our population was going to be in 2011. After the census, we realized we had overestimated about 12,000 people. What that did to the county, it provided a lot of slack within the system, meaning when would that next capital improvement be needed. Well, we just gained 12,000 people who weren't here that we had built to. So what it has done, it's delayed a lot of the capital improvement programming. And one of the messages that will come from this AUIR/CIE is that slack, in additional capacity is starting to erode and you're starting to see more projects start to encroach within our first five years the real due of the Capital Improvement Element. The next slides I'll go over real fast. And what I'll really just do is try to give you an understanding of where the hotspots, where the COs are being issued within the county. And if you'll notice, the Immokalee Road corridor around the 951 intersection and the East Trail have been some of the greatest recipients of where the dwelling units and COs have been issued. In 2012, Heritage Bay, Lely Resorts and Livingston Village were the top three PUDs for COs in dwelling units issued. In 2013 those same players, Heritage Bay and Lely were there, but Terafina, another planned unit development, came on. And then in another aspect, in 2014, compared to 2013, there was a 33 percent increase in dwelling units that were issued by growth management. And it was a reflection of the market understanding that that deep recession that we were in has begun to thaw and the demand for the local area has started to transpire within the market area. And the same, Lely Resort, Heritage Bay and Livingston Village are the top of the three PUDs. The proposed improvements in this AUIR/CIE: Transportation, drainage and parks. Those are the only Category A facilities that have Page 127 November 18, 2014 program improvements in this next five-year period. Law enforcement and EMS, they're your two Category B facilities that have projects in the first two years. And both of those projects, the EMS was Logan and -- MR. OCHS: Vanderbilt. MR. BOSI: -- Vanderbilt to provide for the whole -- thank you, Leo -- the whole in Zone 42 and in the North Naples area. And the law enforcement project was to replace a 12 to 13-year-old temporary facility in the Orange Tree area. Both of those have been directed by the Board of County Commissioners to move forward. The CCPC recommended unanimously of all the projects that were contained within the AUIR before the Board of County Commissioners, and there was an additional recommendation from the Planning Commission to the Board, and that was to direct staff to start seeking alternative funding measures for our stormwater drainage capital improvement programming. I apologize, that specific recommendation from the CCPC was not articulated within the executive summary, but that was a specific direction that the CCPC asked the Board of County Commissioners if you would direct staff to explore potential alternative funding for drainage projects moving into the future. Finally, the recommendations that were contained within the executive summary find that based upon the 2014, that the county will have adequate facilities as defined by the concurrency and management system to support development order issuance until the presentation of the 2005 AUIR. Meaning -- 2015. Meaning that over the next year capacity is in the system for COs to be issued. Provide a motion that there's sufficient road networking capacity in the transportation concurrency management database for continued operations of the concurrency management system. Approve the ordinance related to the Capital Improvement Page 128 November 18, 2014 Element of the GMP for the 2014. And those are contained within -- it begins on Page 115. And those are your CIE. Those are actually what is sent to the state. Those are what make up the concurrency management system that's sent to the state. And we're asking the approval in direction to provide those Category A and Category H facilities to DEO and finally provide a motion that the school district's Capital Improvement Program to be included by reference within the schedule of capital improvements for the annual update. That concludes my presentation. As I said, Mr. Casalanguida has another one following me. Any questions on the areas that I covered? CHAIRMAN HENNING: Questions by the Board members? COMMISSIONER FIALA: You did a great job. CHAIRMAN HENNING: I have some questions. I want the full package every year for the remainder I'm here. Page 170, last paragraph, ALS engines, agreements and programs were instituted in 2014 in the City of Naples and Big Corkscrew Island. That needs to be corrected. It's not true. Before I get to solid waste, what was the rationale for the Planning Commission to recommend alternative funding sources for stormwater? MR. BOSI: I believe the stormwater -- under the direction of Mr. Casalanguida and Jerry Kurtz, stormwater has engaged in a pretty robust effort to categorize -- identify and categorize a number of capital improvement programs related to the drainage component of the AUIR. After LASIP there is a number of competing interests, there's a number of different projects that have the need for revenue, and because of that and because of the limitation of the budget allocation for stormwater, it was suggested that maybe there's an alternative source and alternative way that we can fund stormwater project Page 129 November 18, 2014 planning outside of a reliance upon the general revenue fund. CHAIRMAN HENNING: Okay. Well, LASIP is winding down. That's going to free up millions of dollars. So where is the -- where is the hole in the doughnut? MR. CASALANGUIDA: For the record, Nick Casalanguida, Commissioner. Everywhere in the county, sir. Right now I'm following Dr. Yilmez in Naples Park. I've got Golden Gate City repairs to the tune of$18 million. Golden Gate Estates doesn't meet level of services, aging weirs. So we were at a program level of about $13 million a year in the heyday, close to 15, actually. We're now down to about $6 million a year. We've been fortunate because your staff has sought grants and been successful, so that's augmented some of the program a little bit. But the challenge has been, as we follow say Dr. Yilmez in Naples Park where he repairs the waterlines, it doesn't make any sense for us at the same time not to go in there and fix the drainage. You're ripping up the roads. Golden Gate City is about $18 million, and right now we're about a million dollars a year. Golden Gate Estates, that's tens of millions of dollars if you're going to try and re-plumb that to some level with the North Belle Meade. And all those projects were in your watershed improvement plans that the Board suggested we move forward on into the next phases. CHAIRMAN HENNING: Well, part of the grant application for the BP oil spill is the interconnection with Golden Gate and South Belle Meade, I believe it is. Is that one of the projects you're talking about? MR. CASALANGUIDA: It's one of the projects we're talking Page 130 November 18, 2014 about, sir, but that's not shovel ready. That has to go through an extensive design phase before being eligible for money. And that's one of the things we're looking at. So when you talk about a program that went from about 14 million a year down to about five or six, it's not the same as it was. CHAIRMAN HENNING: Okay. Let's talk about solid waste. I notice there are no capital improvements for -- throughout the whole thing out to 2019. We're going to build a transfer station in Golden Gate Estates? Where is that at? MR. VANLENGEN: Chris VanLengen, Principal Planner with the Public Utilities Division. Commissioners, the level of service standard for solid waste is really based on facilities standards. And that facility is the landfill itself. And so what we've done is indicated in the notes that Waste Management, Incorporated of Florida is responsible for all capital improvements at the landfill itself. There are other capital expenditures by that department, absolutely. Because they don't relate to the level of service specifically which is defined in two ways, the 10-year capacity and two-year line cell capacity, we felt that -- and this has been reported this way for several years -- that there wasn't a need at least in the AUIR to include those capital programs in your CIE. CHAIRMAN HENNING: What happened to the landfill closure fund? MR. RODRIGUEZ: Good afternoon, Commissioners. For the record, Dan Rodriguez, your Solid and Hazardous Waste Management Department Director. We currently have a enclosure fund. And I believe the balance is right about $3 million. CHAIRMAN HENNING: Okay. And you collect every year on Page 131 November 18, 2014 that, correct? MR. RODRIGUEZ: Yeah, we actually maintain a balance for the cells that are the responsibility of the county. With the contract with the landfill, Waste Management assumed all the new cells. CHAIRMAN HENNING: At one time I think you were like $16 million on that. Has that fund been shifted to other projects? MR. RODRIGUEZ: Actually that fund was utilized to help buy the new Property Appraiser building. And those payments have been coming to us for the last three years. But I think the balance of the fund, I think it is hiked somewhere just under 6 million. CHAIRMAN HENNING: Six million. MR. RODRIGUEZ: Correct. CHAIRMAN HENNING: How much is it going to take to do our obligations at the landfill as far as closure? MR. RODRIGUEZ: As part of the closure fund, those are estimates. Waste Management has the majority of the responsibility because it's a life site agreement. And the closure fund period is 30 years. So probably more than 80 percent of the responsibility falls on Waste Management. CHAIRMAN HENNING: What is our capital share on that closure? MR. RODRIGUEZ: We currently maintain a balance of about three million, which with all the payments coming back to us will get to six million. But engineer estimates state that the liability associated with the landfill that's 270 acres is ours could be anywhere from 10 million to 25 million. CHAIRMAN HENNING: Well, we're not responsible for the whole thing. MR. RODRIGUEZ: Just for the whole thing. But if there is a rupture in the liner and it's a cell that's our responsibility, it just depends. There's a -- Page 132 November 18, 2014 CHAIRMAN HENNING: Which cell are we responsible for? MR. RODRIGUEZ: Cells three and four at the Collier County Landfill. And the cells in Immokalee as well. Those were preexisting before Waste Management took over. CHAIRMAN HENNING: Right, okay. Okay, thanks. MR. RODRIGUEZ: Thank you. CHAIRMAN HENNING: That's all the questions I have. Any other questions? (No response.) CHAIRMAN HENNING: Entertain a motion -- oh, yeah, we've got to hear from Nick. COMMISSIONER FIALA: No, oh, yes, we have to hear from Nick. MR. CASALANGUIDA: Mike, nice job, thank you. Commissioners, other than your budget, your AUIR/CIE is probably one of the most important things you get a chance to look at, because it kind of gives you a feel for what's going on. Your budget cycle and your AUIR/CIE are kind of built together to go in unison one after another. Someone says which one comes first; they're just depending on where you are in the cycle. Other follow-up first before I start on your stormwater issue, Commissioner, just another issue we have is that as our projects become more county projects, the general funds split between what you can spend out of the 01 fund and the 111 fund becomes a little more challenge. Obviously the city revenues coming into the general fund can't be spent on county repairs and maintenance. So I'll take you through one slide in a little bit of detail and I'll move quickly through the rest of them,just to give you a feel. Mike pointed out that your AUIR/CIE has population projections. Well, roads don't use population numbers other than in your long-range transportation plan and your traffic counts. Page 133 November 18, 2014 The traffic counts used in your AUIR/CIE are about a year old. We start actually the fall before and take you through spring. We prepare the document. By the time you get here you're looking at numbers that were collected a year ago. So this is one of the reasons we're driving this. On your map you're seeing Immokalee Collier intersection, one of the hot areas, as Mike pointed out in his presentation. What it does is it shows all the projects that are coming around that have been recently approved, platted, under construction or about to go under construction. And there's quite a bit of them in the area. So we've done that with all the areas in the county to kind of get a feel. The hardest thing for us to do is to take your five-year forecast when you're looking at your last five years as a projection to go forward, and it's been very slow. So we're accelerating right now. The way road capacity is measured is you look at your service volume. So if you're heading eastbound on Immokalee, you carry about 3,200 cars is what the road can carry. You measure your background traffic at any one point in time and you subtract that. And then you also subtract what you think projects have been approved and platted. Not zoned. And that's important. So approved and platted SDPs and PPLs. If you add all the projects that have been zoned recently in the area, that road goes under by 1,200 trips. It will never get there. It will fail about three or 400 cars after that level of service F. So what I'm telling you is right now your forecast shows that everything's okay, because you're taking measurements from over a year ago and you're taking the growth rates that were from prior to that in roads. And if all these projects come on line and fill in the next five years, you'd have a significant amount of problems in that area. So we've looked at several projects that are coming up. We're looking at the intersection improvements coming up this year, Page 134 November 18, 2014 Woodcrest Tree Farm, we're working with a developer to build. But I point out to you Vanderbilt Beach Road Extension that last year we defunded in the AUIR/CIE in the budget. What I'm going to be recommending in the budget going forward this spring is that we include right-of-way back into this project and start acquiring the right-of-way for this to relieve Immokalee Road. It takes us roughly seven years from when you get the green light to when a car can actually hit that road. So if we don't start that right-of-way acquisition fairly soon and get this project back on, if all those developments on Immokalee Road and Collier Boulevard come to go fruition, we're going to be behind the curve again. I'll take you through quickly other parts of town. This is 951/Davis/I-75 area. Hacienda Lakes and all the projects that have developed recently around there. So same issues over there, you're going to have problems around Collier Boulevard, around Davis on both sides. So some of the projects we're looking at is the Wilson Boulevard Extension, the Benfield Corridor that was built by Hacienda Lakes, and we have that missing piece. Public utilities and transportation purchased that Mellon property east of City Gate now. So where that dotted red line is, we need to define that alignment and start working on that project. So in the spring I'll propose as part of the budget that we do an alignment study and finalize that corridor in that location. East Trail, 951 and 41, same thing, a lot of developments coming in that area. That's what Mike called the second hottest area. We're not in bad shape except for 951 south of the intersection, and we have the intersection planned. And we've designed a great separate intersection at that location in the future, so I think we can cover that location fairly well. I'm not going to propose doing a Benfield alignment down there, it's not read for that time. Page 135 November 18, 2014 Your next location is Rattlesnake Hammock, East Trail. You've got your two big projects there, Treviso Bay and Sable Bay. That's in your transportation concurrency exception area. It's a location you've deemed not to exceed your capacity and know that you're going to accept congestion in that area. One of the points is we talked about that Vincentian PUD, GMP that came forward recently added some units. I would caution you that we need to start looking at zoning applications when they come in and really look at these longer range numbers instead of just the short-range numbers. And again, intersection improvements. Last location is Randall Curve, Orange Tree location. Projects in that area, as well as Ave Maria, and potentially we have Big Cypress coming in, about 13,000 units and several million square feet of commercial. Going to have problems at that location as well too. Right now FDOT is working on a PD&E at that location. It just popped up. We have two bridges planned. And at your next Board meeting we'll be bringing Golden Gate Boulevard from Wilson up to about 18th Street for the Board to construct. We will spend a significant amount of time trying to accelerate this location for planning purposes next year in your budget. We'll be looking at a realignment of this Randall curve potentially to tie into Oil Well Road. So tried to make this presentation brief but I wanted to tell you that what you're seeing right now is a tremendous increase. It's not reflecting in your AUIR because it does not respond well to these drastic changes. It kind of forecasts out better when you can see these things come along the way. We just had a recession. We've tripled every year almost in building permits and dwelling units we've issued. And if we're successful, or if the developer is successful, 250 takedown units in all Page 136 November 18, 2014 these developments in Northeast Collier, you're going to see a significant amount of traffic coming on line. So it's more of a precursor to the budget to let you know. And if there are any objections I'd like to hear them today, or any concerns. Because we're going to be working with the budget office and the County Manager's Office to make sure we get these things forecasted in. That's it. CHAIRMAN HENNING: Questions? Commissioner Taylor? COMMISSIONER TAYLOR: I just want to thank you very much, Mr. Casalanguida. I think you've done an incredible job with this. And I think that's the wave going forward we need to plan. And you talk about forecasting, and indeed it is. We're moving so fast right now and we'll continue. I don't know when it's going to stop but we better fasten our seatbelts. So thank you for such a great job and for being so forthright. And at least this Commissioner would welcome it again and again. If people want change in density, please be there to say whoa, remember. We need that. Thank you. MR. CASALANGUIDA: Well, ma'am, I just pass it back to the team. We've got a great transportation planning staff and stormwater staff. They do a really dedicated job to make sure you're aware of what's going on. Thanks. CHAIRMAN HENNING: Yeah, one of the things with concurrency, it's difficult on zoning applications. And I verified this. Nick has to -- checkbook concurrency comes in play when they issue the development order or the Board approves the plat. There has to be some kind of something that we can do to signal the Board, hey, you know, you're in danger here. Or we're going to have to just stop issuing DOs in certain areas. MR. CASALANGUIDA: That's exactly what I'm here to tell Page 137 November 18, 2014 you. As zoning projects come forward I'm not only going to look at the concurrency system, I'm going to try and forecast what we see in the area aside from that. Your challenge is your consistency as written in your GMP is a five-year look forward based on the growth rates that you've experienced. And so it works well when you've got a pretty stable growth rate. It does not work well when you've got a recession followed by a very significant growth period. So we'll bring it up at zoning. I've already talked to staff to say we need to start looking at that. But your GMP says if in five years what your AUIR says is okay, they can proceed forward. So that's -- CHAIRMAN HENNING: And that's because of state law. MR. CASALANGUIDA: No longer state law, sir, it's local. CHAIRMAN HENNING: No longer state law. MR. CASALANGUIDA: Yes, sir. That's been waived by the state. It's your local authority. But you can certainly ask if more current information is available, and we will provide it at the zoning hearings if we have a problem in that area. CHAIRMAN HENNING: Is there -- can we give direction to change the -- would this be an appropriate venue to change the Growth Management Plan? MR. CASALANGUIDA: It could be, sir. Yeah, if we look at that to add more forecasted trips in the area based on current growth rates, not historical. That's certainly an opportunity for us to do that. CHAIRMAN HENNING: Okay. Commissioner Nance and then Commissioner Fiala. COMMISSIONER NANCE: Yes, thank you, Nick. I think Ouija Board needs some more hard drive capacity there. But, you know, I hope that looking forward at the growth that's in the east, and you know we have a lot of east-west running roads that Page 138 November 18, 2014 are in the path of what's currently in the queue for new construction, hopefully we're going to be able to have some policies, and our economic development program is going to encourage some development of jobs and goods and services on the other eastern sides of our roads. Because we can't continually have our roads providing unidirectional flow of traffic. Because there's absolutely nothing we can do that's going to enable us to function until we can get something going out there. So I hope the Board will take a hard look at some of the decisions it's going to have to make in the next couple of years, because we need to be able to get some traffic flowing eastbound at some nontraditional times or we are -- we won't be able to build enough lanes to move 600,000 people to the coast instead of 300,000. And that's, you know, really what we're doing today. So thank you for the alert. And with that, I'll make a motion to approve the 2014 combined AUIR -- COMMISSIONER HILLER: Second. COMMISSIONER NANCE: -- and facility, the CIE. CHAIRMAN HENNING: Motion to approve by Commissioner Nance, second by Commissioner Hiller. Commissioner Taylor? COMMISSIONER TAYLOR: Fiala first. CHAIRMAN HENNING: Oh, you were? COMMISSIONER FIALA: Yeah. You just turned my button off. CHAIRMAN HENNING: I thought you already said something. COMMISSIONER FIALA: No, I sounded like it because it was coming from Tim Nance, but I didn't. I was just going to say real simply that Nick has been preparing us for this, and he's been saying that there's some roads that cannot be widened anymore. We're going to have to start rethinking how much Page 139 November 18, 2014 -- you know, everybody has property rights but how much extra density we're going to allow to be built, because our roads just cannot accommodate it and we're doing nothing but growing. So I think Commissioner Nance also threw in an excellent idea. And I'll work with them in any way I can to make sure that we carry through and we don't over saturate our area with an impossible load of cars to be able to move forward. Thank you. CHAIRMAN HENNING: Commissioner Taylor? COMMISSIONER TAYLOR: And one thing that we discussed, Nick, in our meeting was to get together with the City of Naples to talk about the traffic, the triangle traffic, the traffic that's going to happen as it develops. And with concurrence of this Commission I wondered if it would be all right if Mr. Casalanguida and I met with the city to discuss this to see proactively what we can do to keep the traffic flowing, because it's not going to flow. MR. CASALANGUIDA: Happy to do that. Four corners is going to be a big deal going forward again. COMMISSIONER TAYLOR: Do I have the concur-- CHAIRMAN HENNING: Do we have consensus to direct staff to work with Commissioner Taylor to look at traffic on U.S. 41 and downtown Naples? COMMISSIONER NANCE: Absolutely. COMMISSIONER FIALA: Sure. COMMISSIONER TAYLOR: And Commissioner Nance too, I support, you know, creating the attractions out in the county, whatever it is, to keep the -- you know, to balance the traffic somehow. And I would work with you, as -- COMMISSIONER NANCE: Well, I certainly endorse your outreach to the city. You know, I think there's a lot of common issues that we have to work with, so I endorse your effort. COMMISSIONER TAYLOR: Thank you. Page 140 November 18, 2014 COMMISSIONER FIALA: You know what? You can't blame anybody for wanting to be here, because here we all sit and loving every minute of it while we live in paradise. You can't blame other people for wanting to join us over here in paradise. CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MR. CASALANGUIDA: Thank you. Item #9B ORDINANCE 2014-40: AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.01 AGRICULTURAL DISTRICTS, MORE SPECIFICALLY (1) TO AMEND THE PERMITTED USES IN THE AGRICULTURAL AND ESTATE DISTRICTS TO ALLOW HOGS Page 141 November 18, 2014 TO BE KEPT FOR SHOW BY CHILDREN ENROLLED IN A 4- H DEVELOPMENT PROGRAM, AND (2) TO AMEND THE ACCESSORY USES IN THE ESTATE DISTRICT TO ALLOW OFF-SITE RETAIL SALE OF FRUITS, VEGETABLES, AND NURSERY PLANTS GROWN ON SITE; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.07 STANDARDS FOR KEEPING ANIMALS; CHAPTER FIVE - SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.04.05 TEMPORARY EVENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE — ADOPTED W/CHANGES MR. OCHS: Mr. Chairman, that takes us to 9.B. It's a recommendation to consider an ordinance amending your Land Development Code. This is the second reading of an ordinance that the Board had heard previously. Ms. Carolyn Cilek will take you through it. CHAIRMAN HENNING: Any questions? COMMISSIONER FIALA: No. Motion to approve. CHAIRMAN HENNING: Motion by -- COMMISSIONER TAYLOR: Second. CHAIRMAN HENNING: -- Commissioner Fiala, second by Commissioner Taylor. Go ahead. MS. CILEK: Good afternoon. Caroline Cilek for the record. We do have one change to bring to you today. We worked with Commissioner Nance, the Collier County Fair board members, the University of Florida IFAS extension, and on the visualizer is some proposed changes to the language of the amendment addressing Page 142 November 18, 2014 streamlining of raising hogs in the Estates and agricultural zoned districts, those that are under 20 acres in the ag. lands. So if you take a look at the very top it says, notwithstanding the above. And I want to direct your attention to little A, one hog per child enrolled in a 4-H youth development program, and then we've added the language Collier County Fair program or similar program. Those are the words that we've added today. I apologize, I don't have it for you in a perfect LDC format. The network is down, so I relied on email. CHAIRMAN HENNING: Is that included in your motion, Commissioner Fiala? COMMISSIONER FIALA: Yes, it is. COMMISSIONER TAYLOR: And I agree. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: I just wanted to clarify, that oversight is probably my fault. Because what we did with not mentioning the other substantially similar programs as we let out some of the very, very young children, and we didn't want to let out the kids under eight. So I apologize for this bump in the road and I appreciate everybody's support on ironing it out. Thank you. COMMISSIONER FIALA: It's a great agenda number here. I think this is great for the kids, to be involved in animals. COMMISSIONER TAYLOR: It's wonderful. CHAIRMAN HENNING: Any further discussion? (No response.) CHAIRMAN HENNING: In all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. Page 143 November 18, 2014 COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Next item. Item #9C ORDINANCE 2014-41 : DENY THE EVERGLADES-RANDALL SUBDISTRICT SMALL-SCALE AMENDMENT TO THE GOLDEN GATE AREA MASTER PLAN ELEMENT OF THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, FOR TRANSMITTAL TO FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY ADOPTION HEARING (PL20110002626/CPSS-2012-1) (COMPANION TO PETITION CU-PL20110002615) — ADOPTED MR. OCHS: Commissioners, the next item is Item 9.C, and it is a companion item with Item 8.A. 9.0 is a recommendation to deny the Everglades Randall Subdistrict Small-Scale Amendment to the Golden Gate Area Master Plan element of the Growth Management Plan as amended for transmittal to the Florida Department of Economic Opportunity. Petitioner traditionally starts. Sir? CHAIRMAN HENNING: This is a Growth Management Plan amendment. It doesn't have to be -- no disclosures on this? MR. KLATZKOW: Are you hearing the rezoning at the same time, or do you want to hear this one first? COMMISSIONER HILLER: This one has to be first because -- MR. KLATZKOW: Right. COMMISSIONER HILLER: -- depending on how we move on Page 144 November 18, 2014 that will determine whether -- MR. KLATZKOW: They're sort of duplicative, some of this testimony. COMMISSIONER HILLER: I'd like to -- MR. KLATZKOW: Boards preference. CHAIRMAN HENNING: Okay. I mean, I think we ought to hear the Growth Management Plan Amendment item first, then move forward to the Conditional Use. COMMISSIONER FIALA: I do too. That makes sense. CHAIRMAN HENNING: Yes? COMMISSIONER HILLER: I'd like to make a motion that we approve the petitioner moving forward to the state with the proposed amendment. And this goes directly to the conversation we just had about traffic impacts and development around certain major intersections. The proposed use will I think lead to less congestion at that intersection than a major residential development would have at that corner. So I think it's moving in the right direction where we all have concerns about over-capacity on our roads. This is the type of amendment that would alleviate that kind of pressure and congestion. So I make a motion that you be allowed to move forward with this for state -- COMMISSIONER FIALA: I'll second. COMMISSIONER HILLER: -- review. CHAIRMAN HENNING: It's your district, right, Commissioner Nance? COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: Yes, that's what I thought. COMMISSIONER NANCE: Thank you, Commissioner Hiller. I think your remarks are right on. I want to explain what my thinking is on this and the reason why I do support it. Page 145 November 18, 2014 I do not criticize staff for their recommendation to deny because they're following the Golden Gate Master Plan which frankly is in serious need of updating and that we -- you know, I am certainly supporting doing that as soon as we can get staff some time to begin that, together with the RFMUD. But what we have here on this plan, and this beautiful church has planned for a very major future intersection in Golden Gate Estates and that is at the corner of Randall Boulevard and Everglades Boulevard. And that will be either a six-lane by six-lane intersection or a six-lane by four-lane intersection, depending on how the transportation network is finalized in our planning. But what happens is this: Currently with Estates zoning this is zoned for a single-family residence. And I will give you an example of how that can become a problem for a single-family residence. And I believe Commissioner Taylor's district there is one single-family home on the northeast corner of Livingston Road and Golden Gate Parkway. And that poor homeowner has been trying to sell his home there or provide another use or get another use approved for that property forever because he's living at a six-by-six intersection. So I believe that, you know, allowing this GMP change is appropriate. I think that the community supports it. There's been a lot of discussion in Estates Civic, they support it. And I believe it's going to be compatible. Should the Growth Management Plan change to allow convenience commercial at one of the other intersections, Mr. Anderson has also assured me that the church is going to be fine with that. So I'm certainly in support of it and appreciate everybody's understanding on, you know, going forward with this, despite the fact that our planning has got a little catching up to do. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: I think it's important that when staff says that something is inconsistent with the current plan and what Page 146 November 18, 2014 we're looking at is a proposed amendment to that plan, that obviously it's going to be inconsistent. That's why there's a proposed amendment. So to argue that as a basis for denial doesn't make any sense. If the basis for denial is because there are reasons beyond that it's not consistent with the plan, that would suggest that it's not a good idea to change the existing plan, then those type of arguments are the right kind of arguments to bring forward. So Commissioner Nance, I agree with you and I'm glad you agree with me and I'm glad Commissioner Fiala agrees with us. So I'm going to ask that the question be called. That's called a statement of mutual agreement. CHAIRMAN HENNING: Yeah, you know, Commissioner Nance, the problem you have out in your district, you have a lot of areas that can be rezoned Conditional Use that fit the existing Growth Management Plan. And you want to provide areas for the citizens to have service. That needs to be looked at. In my opinion there's enough areas for conditional uses. And by just adding to that devalues those existing properties. So staff has every right and should say it is not appropriate, you know. And I don't agree with that statement. They went through the process of developing -- assisting developing that master plan, so they're well aware of it. So if there is any type of study, you really need the study of what the community needs are and what the proper zoning -- how much proper zoning you have. These come in all the time and they never fit the Growth Management Plan. COMMISSIONER NANCE: I agree, Commissioner. CHAIRMAN HENNING: Especially in your district. COMMISSIONER NANCE: Well, I agree. And part of it is, is that the thinking is constantly rolling ahead. As one area gets developed, then the thinking in the community starts to change and our Page 147 November 18, 2014 process really has not been -- it hasn't been updated in a very long time. So as we go forward with the rural fringe and the Golden Gate Area Master Plan, I believe there is substantial reason for us to restudy these plans concurrently so that we're not making the plans in a vacuum and that the plans we have in one study area are compatible, you know, on the three -- what I'm saying is the three major things, which is transportation, environmental and surface water management first and foremost. And then of course, you know, as these large developments come forward, we're going to have to talk about goods and services and commercial. So I believe that those should rightfully be restudied together. And I know it's a big bite, but your comments are indeed correct, we need to get a correction here so that we don't have these. It seems like every application we have is a Growth Management Plan change. And I am also uncomfortable with it, Commissioner. CHAIRMAN HENNING: We have a speaker so we can't call the motion. MR. MILLER: We have one registered public speaker, Mr. Chairman. Pat Humphries. MS. HUMPHRIES: Thank you. I also have a slip in for 8.A, but I didn't know which one to use, 9.0 or B.A. CHAIRMAN HENNING: You can speak on both of them. MS. HUMPHRIES: Okay. My name is Pat Humphries, resident in the Estates since 1992. I have served as a director of the boards of the Estates Civic, the Homeowners Association, was a member of the 951 Horizon Study Oversight Committee, and am presently on the Golden Gate Estates Land Trust Committee. I have a long history of serving my community. I am opposed to this project, not because of what it is but because of where it is. The location is not compatible with the Board approved Page 148 November 18, 2014 Golden Gate Master Plan. The goal of this document is to preserve the rural character of the Estates by designating specific areas for future commercial and conditional use. It is time for the Golden Gate Master Plan to be reviewed. But until that time piecemeal rezoning requests threaten the integrity of the present master plan and possibly the future master plan. Approval of this Conditional Use will generate similar inappropriate requests for rezoning, most likely starting with the other three quadrants at the intersection of Everglades and Randall. Up until now petitioners have abided by the objectives of the Golden Gate Master Plan. So there are approved sites available in the Estates, as well as outlying area. The need to build a church within a certain proximate area is not a viable reason to violate the Golden Gate Master Plan. Therefore, I ask you not to approve this petition. Thank you. CHAIRMAN HENNING: Okay. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? COMMISSIONER TAYLOR: I oppose. And I oppose because the last speaker was very convincing. We have master plans -- I understand the concern -- I understand the argument to approve this. However, we have a master plan, we need to abide by that. And if we don't like it, change it. And I agree, things need to be changed. CHAIRMAN HENNING: And the only reason I support it is because of Commissioner of the district. Otherwise I'd be right there with you. COMMISSIONER TAYLOR: Okay. Page 149 November 18, 2014 CHAIRMAN HENNING: So now we want to hear the Conditional Use. MR. OCHS: Yes, sir. Item #8A RESOLUTION 2014-247: A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW A CHURCH WITHIN AN ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.03.01 .B.1 .C.1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ON THE NORTHWEST CORNER AT THE INTERSECTION OF EVERGLADES BOULEVARD AND RANDALL BOULEVARD IN SECTIONS 19, 20, 29 AND 30, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA. [CU- PL20110002615, THE CHURCH OF JESUS CHRIST OF LATTER- DAY SAINTS. PL20110002626/CPSS-2012-1 SMALL SCALE GMPA] -ADOPTED W/CCPC RECOMMENDATIONS AND TO INCLUDE ROAD RIGHT-OF-WAY PROVISIONS CHAIRMAN HENNING: And the court reporter will swear everybody in. So if you would -- anybody wanting to participate in this discussion, please rise, raise your right hand, be sworn in. (Speakers were duly sworn.) CHAIRMAN HENNING: Ex parte communication. Start out with Commissioner Nance. COMMISSIONER NANCE: Yes, as earlier stated, I've read the staff report, had meetings with Mr. Anderson and discussed it with staff. CHAIRMAN HENNING: Commissioner Hiller? Page 150 November 18, 2014 COMMISSIONER HILLER: No ex parte. CHAIRMAN HENNING: I have no ex parte communication on this item. Commissioner Fiala? COMMISSIONER FIALA: Well, my ex parte was on 8.A, but I guess it refers to this as well, and that is I had correspondence and I also spoke with Bruce Anderson and got updates from the staff. CHAIRMAN HENNING: Commissioner Taylor? COMMISSIONER TAYLOR: I've spoke with Mr. Anderson and spoke with staff. And of course the communications, written communications. CHAIRMAN HENNING: Okay. Mr. Anderson? MR. ANDERSON: Yes, before I begin, do you have another speaker slip for this item? MR. MILLER: Yes, sir, I do. MR. ANDERSON: Thank you, Mr. Chairman. My name is Bruce Anderson. I'm pleased to be here representing the Church of Jesus Christ of Latter Day Saints. Thank you for your approval on the Growth Management Plan Amendment. This application for Conditional Use is for a church not to exceed 230 seats and 20,000 square feet. The church held two neighborhood information meetings and also made a presentation to the Golden Gates Estates Civic Association on September 17th. This property is located at the northwest corner of Randall Boulevard and Everglades, and it consists of one and a half lots totaling 7.8 acres. As was earlier referenced, the county has plans to expand this intersection greatly. And in connection with that, the county staff required the church building, the landscape buffers and the parking areas to have greater setbacks than normally would be required in anticipation of the road widening so that the county would not have to Page 151 November 18, 2014 pay to remove any improvements when the road is widened. That's certainly a form of reservation and, you know, the compensation would be determined at the time, but it was done so the county would not have to go through a lengthy condemnation process. It's important to note that the church will serve an existing congregation that is currently meeting at the Cypress Palm Middle School. It has become too crowded. All of-- this church is different how they operate than many. They have geographic boundaries and their members are assigned to churches, based on the location of the church and where they live. The members who live in or close to Golden Gate Estates are the ones who will be attending this church, not somebody from within the urban area. The church caps the size of its congregation for religious reasons. There is no paid ministry. Local members run the chapels by participating in volunteer callings and the church doctrine teaches that all members need the opportunity to actively participate, and that can only happen if the congregation remains small. The transportation engineer has evaluated traffic conditions and there is adequate capacity. And also included with your agenda materials is a petition circulated by the adjacent property owner, Mrs. Fuentes, to Estates area residents who support the church's application. Approximately 60 people signed the petition. And as earlier noted, the Golden Gate Estates Civic Association has withdrawn their prior objection to these applications. That concludes my formal presentation. CHAIRMAN HENNING: Questions by the Board members? (No response.) CHAIRMAN HENNING: Staffs presentation? Commissioner Hiller, do you have anything? COMMISSIONER HILLER: No, let staff make their presentation. Then I'll speak after. Page 152 November 18, 2014 MS. GUNDLACH: Good afternoon, Commissioners. For the record, I'm Nancy Gundlach, Principal Planner with the Planning and Zoning Department. And staff is recommending approval of this petition. And I just have one request. Nick Casalanguida had requested that we set aside some right-of-way. He'll be here in a moment. MR. CASALANGUIDA: It's not a change, I just want Mr. Anderson to just state on the record that reservation was put on there for the county to purchase it at the time in the future, not to go through condemnation proceedings. It would be just fair market value for the reservation that he's put on there. MR. ANDERSON: That's correct. MR. OCHS: The record reflects that the applicant said that was correct, sir. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: I'd like to make a motion to approve. COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: We have to close the public hearing -- COMMISSIONER HILLER: Go ahead. CHAIRMAN HENNING: And I'm sure you want to hear from the public before we close it. COMMISSIONER HILLER: Do we have a public speaker on this item? MR. MILLER: Two. COMMISSIONER HILLER: Oh, do we? I didn't realize that. MR. MILLER: We have two registered public speakers. Your first speaker is Pat Humphries. She'll be followed by Julie Fuentes. MS. HUMPHRIES: Pat Humphries, and I reiterate what I said on the previous statement, 9.C. Page 153 November 18, 2014 As far as the petition goes, I have a copy of that petition with the 60 names. In checking with the property appraiser's website, I noticed that 30 of the names don't even match the official homeowner. So most of these people are renters. So the real homeowner doesn't even know what's going on. So I concur that I don't think the -- I think it's a very dangerous precedent to set. And I ask you once again not to approve it. Thank you. MR. MILLER: Your final public speaker on Item 8.A is Julie Fuentes. MS. FUENTES: Good afternoon for everybody, for present and especial for you, sit there for your time. Thank you very much. And I'm here and I want ask you please, we want this church, which one is my neighbor, next my door. And all signature, which one I collect, I collect the signature. And almost it's owner from there. And everybody ask me when this church coming, because we in Estate we no have nothing there, everybody far from us. And growing over there. Lot children, people with lot children and everything. And I think church will be something's blessing, something's good. This is nothing what people go and create problem for neighbor for nobody. So I think we need. So this morning I plead you, please, we need this church there. So God bless you and I be wait and everybody wait for this result when you say yes. I know many people maybe no agree for church because when you go in church not many seat the people. But when people go in hospital, only just God, God help me. But people no have time to go in church, so I know many people is not church people. But whoever just like to have church, is sign over there. So God bless you. And we be wait, you good big heart for us for Estate. Because I'm Estate person. Thank you. God bless you. CHAIRMAN HENNING: Commissioner Hiller? Page 154 November 18, 2014 COMMISSIONER HILLER: Are you closing the hearing? Because I want to make a motion. CHAIRMAN HENNING: Oh, is that what you -- I thought you'd allow the commissioner of the district to do it. But anyways, Commissioner Fiala has something -- COMMISSIONER HILLER: We don't seem to be operating like that. COMMISSIONER FIALA: Yes, I just -- I read what Mrs. Fuentes -- is that how you say it -- said in our -- she was the one, she doesn't even belong to the church but she thought it was just such a good idea for the Estates area she went out personally and got all of these people to sign. I thought that was very admirable because you're looking out for the people in the area and it doesn't even affect you. I think that's very nice. Secondly, with Commissioner Nance, whose district this is in is very agreeable to it. And so that certainly gives another level of comfort. And lastly but not least, that intersection, that's going to be an intersection just like 951 and 41. It's going to be that busy and you're never going to be able to handle a residential unit in an intersection like that. So you can hear where my vote is going, but I'll wait 'til Commissioner Nance makes the motion. CHAIRMAN HENNING: Any questions of staff, petitioner? (No response.) CHAIRMAN HENNING: Seeing none, I'll close the public hearing. Who's first, Commissioner Hiller or Commissioner Nance? COMMISSIONER NANCE: Commissioner Hiller is going to make a motion. COMMISSIONER HILLER: Thank you. So I make a motion that we approve the church for this location Page 155 November 18, 2014 for the reasons stated. CHAIRMAN HENNING: Any Planning Commission stipulations? COMMISSIONER HILLER: Were there? MR. ANDERSON: We're in agreement with all Planning Commission stipulations. COMMISSIONER HILLER: With all the Planning Commission stipulations. COMMISSIONER NANCE: And I will second it. Thank you. CHAIRMAN HENNING: Is that with the addition of the road right-of-way? MR. ANDERSON: Yes, regarding the reservation. And no challenge in the con-- COMMISSIONER HILLER: Do we have to make that a part of it or -- that was part of the record. MR. KLATZKOW: I think we ought to. COMMISSIONER HILLER: All right. Then we'll make it with the road reservation. COMMISSIONER NANCE: And I amend my second to reflect that. CHAIRMAN HENNING: Okay, discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) Page 156 November 18, 2014 CHAIRMAN HENNING: Carries unanimously. COMMISSIONER TAYLOR: Let me explain too, the one speaker, I voted for it because the Growth Management Amendment passed. And given the fact that it passed, even though I didn't vote for it, this was a very good use for this corner. CHAIRMAN HENNING: Okay. MR. OCHS: Mr. Chairman, I believe we're on schedule for your court reporter afternoon break, sir. CHAIRMAN HENNING: Okay. MR. OCHS: Ten minutes, sir? CHAIRMAN HENNING: Ten minutes. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, please take your seats. CHAIRMAN HENNING: Next item is 11.D? Item #11D TO 1) CONSIDER AND ACCEPT THE REPORT AND PRESENTATION BY AECOM TECHNICAL SERVICES, INC. REGARDING OIL EXPLORATION/PRODUCTION IN COLLIER COUNTY; 2) APPROVE RECOMMENDATIONS FOR THE DEVELOPMENT OF NEW STATE REGULATIONS TO BE PRESENTED, IN COORDINATION WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, TO THE LEGISLATIVE DELEGATION. 3) DIRECT COUNTY ATTORNEY'S OFFICE AND COUNTY MANAGER OR HIS DESIGNEE TO DEVELOP ZONING CODE CHANGES INCLUDING, BUT NOT LIMITED TO, A POTENTIAL CONDITIONAL USE PROCESS FOR OIL EXPLORATION /PRODUCTION WELLS THAT ARE WITHIN AN IDENTIFIED Page 157 November 18, 2014 DISTANCE TO RESIDENTIAL AREAS - MOTION TO ACCEPT AECOM REPORT AND DIRECT THE COUNTY ATTORNEY TO DEVELOP ZONING CODE CHANGES INCLUDING, BUT NOT LIMITED TO A POTENTIAL CONDITIONAL USE PROCESS FOR OIL EXPLORATION /PRODUCTION WELLS — APPROVED; COUNTY ATTORNEY TO RETURN WITH EXECUTIVE SUMMARY AND RECOMMENDATIONS TO ADDRESS EXISTING CONFLICTS WITHIN THE GROWTH MANAGEMENT PLAN — CONSENSUS; MOTION TO ACCEPT THE AECOM REPORT AND APPROVE RECOMMENDATIONS ADDING CLOSER OVERSIGHT BY COLLIER COUNTY THAT MAY INCLUDE PROPOSALS FOR STRONGER LOCAL REGULATIONS — APPROVED MR. OCHS: Yes, sir, it's 11.D. And it's a recommendation for the Board to consider and accept the report from the Board's consultant regarding oil exploration and production in Collier County. Also to consider a series of regulatory and legislative reform proposals that would proceed in coordination with the Florida Department of Environmental Protection to the legislature. And finally, to consider directing staff to begin work on a zoning change that would include a potential Conditional Use process for oil exploration and production wells in and around a radius of residential development. And Mr. Casalanguida will begin the presentation, Commissioners. MR. CASALANGUIDA: Commissioners, I'll be brief. First I want to just recognize Danette Kinaszczuk, our lead person on this, the pollution control project manager. She worked with George Yilmaz's PUD team, Collier Resources, The Conservancy and FDEP to make sure we got this together for you in a fairly short order. Our objective is to follow through with prior Board direction to bring you an unbiased review of all exploration activities, a risk Page 158 November 18, 2014 assessment with potential impacts, and a recommendation for the Board to consider and ultimately for FDEP to consider during their legislative ruling-making period going into this next session. The last item is important, the Commissioner clarified, is to work with FDEP, and we want to present this to FDEP. And if there is a conflict with them, we will come back and then talk about it with the Board. I will now turn over the presentation to Mr. Bennett from AECOM. Mr. Bennett is a licensed professional geologist. He has 25 years of experience in hydrogeology, groundwater modeling, geochemistry and geophysics, and his resume is attached and it speaks for itself. With that, Mr. Bennett will take the presentation going forward. MR. BENNETT: Thank you, Nick. Good afternoon, Board, and thank you very much for the opportunity to present a summary of AECOM's report that was submitted for the Board for review and approval. The outline of the presentation -- the first part of the presentation will provide information on well completion and stimulation techniques and some closure practices. The second part focuses on a high-level risk assessment related to oil and gas exploration and its potential impact to the county's water resources. Oil production from the Sunniland trend has been reiterated many times. It's being produced over the last 70 years. It's produced 100 million barrels of oil. But since 1978 it's been declining. But in the last two years there's been some renewed interest in the Sunniland. I mean, some of this may be due to advances in well completion and stimulation technologies that have been developed over the last 10 to 15 years that can now generate commercial production from the Sunniland. The next few slides provide a summary of two types of Page 159 November 18, 2014 production wells that are used to extract well from the Sunniland. The vertical production wells are constructed using multiple casing strings to seal off the water from water-bearing formation and to stabilize the well as you proceed to the subsurface to your reservoir. The biggest limitation in the use of the vertical wells are the target reservoir needs to be directly below where you start your hole. The second one is the production capacity is limited by the thickness of the reservoir. The second type of extraction wells are horizontal production wells. These types of wells became more common in the 1980's due to better drilling equipment such as hydraulic motors that are used to power drilling assemblies, and over the last 10 years there has been a significant advance in drilling sensors and guidance systems. These advances allowed horizontal wells to be completed more economically, which has increased their use. And as you can see, in 2000 there were a little over 23,000 horizontal wells completed worldwide, with about 11,000 completed in the U.S. So this is not new technology that we're trying to employ in South Florida. The biggest advantage of a horizontal well over a vertical well that it produces more oil per well because it intercepts a larger cross-sectional area of the reservoir itself. For example, a vertical well that is used for production in the lower Sunniland would only transect 50 feet of the reservoir, as compared to the lateral completed by the Collier-Hogan well, which transected 4,200 feet of the reservoir. So that's 80 times the cross-sectional area of the reservoir that it intersected. So more cross-sectional area, greater production, it's produced more economically, better gain for the producer. This part of the presentation provides information on two types of well stimulation; methods that are used to increase the production from Page 160 November 18, 2014 oil and gas well. These stimulation methods can be used either in a vertical or a horizontal well. It really doesn't matter. The first stimulation method is acid fracking. This method has been used since the mid 1930's to increase oil production from primarily carbonate reservoirs which are limestones. During acid fracking a gelled acid is pumped at high pressure to create a fracture in the limestone. Then as the acid travels along that fracture, the acid dissolves the walls of the fracture itself and basically widens it and increases its length. But over time as the pressure dissipates and the acid becomes spent or nonreactive with the limestone, the growth of the fractures stop at that point. So the benefit of acid fracking increases the permeability of the carbonate reservoir really in close proximity to the wellbore itself. It's not trying to extend, you know, 1,000 feet away from the wellbore, it's actually trying to concentrate its effort to bring more oil into the wellbore itself. The second method is hydraulic fracturing which has been used in the U.S. since 1949 to increase production in oil and gas wells from what's called conventional reservoirs. These are sandstones that have been gulf coast type of reservoirs that have been producing oil for the last 100 years. But more recently hydraulic fracturing has been used in shell and coal beds to reduce natural gas from what's called unconventional reservoirs. During hydraulic fracturing a mixture of water and chemical additives are pumped at high pressure to create a fracture. The fluid pressure creates a fracture, then propping material is installed. Basically a sand, a ceramic bead or something that's incompressible. You need to install these propping materials inside the fracture or the fracture will not stay open once the pressure is reduced. So again, the hydraulic fracturing can increase the permeability of Page 161 November 18, 2014 a reservoir by as much as 1,000 times, which allows commercial production of oil and gas from depleted and unconventional reservoirs. Before hydraulic fracking operations begin the rock properties and stresses within a reservoir and overlying silt are determined. This information is incorporated into computer models to develop and design the hydraulic fracturing job. During fracking operations various parameters are monitored to ensure that the fracture development matches the model stimulation. And that's shown by the red line and the blue line in the top right-hand corner which show the bottom hole pressures as compared to the model stimulation and the actual fill condition. So if you start seeing something going wrong during your hydraulic fracturing operations, basically stop, you reevaluate and you move forward in that direction. The majority of the environmental concerns related to hydraulic fracking can be addressed by establishing sound regulatory standards. As The Conservancy mentioned, a full chemical disclosure prior to implementation, make sure that the design of the wells are constructed to the proper standards and that the chemicals used during the flowback material are treated properly at the site. Once a well is no longer (sic) produces commercial quantities of oil and gas are found to be a dry hole, it's plugged and abandoned in accordance to its state standards to isolate the reservoir and to protect the overlying underground sources of drinking water. The two former wells shown in -- located near the Collier-Hogan well were used to show the placement of the cement plugs. The first one in the black shows how it was plugged and abandoned in 1948 and through 1953. The pink shows what the current regulations would require, and the blue stipple line shows the recommendation that would increase the cement plug to seal out any of the open hole sections and extend into the overlying casing material. Page 162 November 18, 2014 Next there is two types of injection wells that are commonly used in South Florida to dispose of fluids into the subsurface. And in Collier County it's about 25 to 2,600 feet in depth. The first type of wells are Class I wells, which are used to dispose of non-hazardous waste effluent and are a concentrate. - The second class of wells are used to dispose of fluids generated during oil and gas operations. And since the fluids generated by oil and gas development are not federally regulated, they should be -- and considered industrial waste, the more stringent Class 1 industrial well standards should be applied. The next part of this presentation focuses primarily on the high level risk assessments of the various hydrogeologic units that overly the oil-producing horizons in the Sunniland. The first overlying unit is the sub-floor confining unit, which is not considered an underground source of drinking water because it contains water that is five to seven times more saline than seawater. It's composed of about 8,000 feet of low permeable limestones an anhydrites that effectively isolate the oil-producing horizons from the lower floor and aquifer. The next one is the lower Floridan, which is also not at USDW in Collier County. It contains formation waters similar in composition to seawater. The boulder zone serves as the primary injection horizon for Class 1 and Class 2 wells in South Florida and has the natural ability to accept large volumes of injective fluid. A recommendation would be to amend the current plug and abandonment requirement to effectively isolate the boulder zone, since it is an active injection horizon. The upper Floridan is separated by the lower Floridan by the middle confining unit. It is considered a USDW and it can provide an alternative water source to the county. During oil and gas development a minimum of three casings are Page 163 November 18, 2014 installed through the upper floor to minimize any potential contamination. It is isolated from surface spills by the overlying confining unit of the Hawthorne group and is under artesian pressure. However, the groundwater quality may be affected by legacy oil and gas wells that do not meet current plugged and abandonment standard. The recommendation would be to bring these legacy wells in line with the current standards. The next one is the intermediate aquifer, which serves as a source of water for irrigation and private supply, and is also some way asar systems (phonetic) are completed into the zone within the county. During exploration long-term production a minimum of three casings are installed through the intermediate aquifer to minimize any potential contamination. It is also isolated from surface spills by the upper confining units of the Hawthorne group and has an upward flow component so you're not going to be -- you're going to be pushing up and you're not going to allow any contamination from the surface to seep down into that particular aquifer system. The last is the surficial, which is the primary source of potable water within the county. During oil and gas production the surficial aquifer is -- we've got one -- the surficial aquifer is protected by four or five protective casings, but is more susceptible to contamination as a result of surface spills. Similar to Class 1 wells, four shallow monitor wells should be installed to determine if there's impact to water quality during oil and gas production. In addition, stricter secondary confinement -- containment requirements should further reduce the risk of contamination during on-site storage. At the Hogan Island -- or the Collier-Hogan site the overlying aquifer systems are protected by multiple casings and cement isolating during drilling, testing and long-term production. There is 8,000 feet of low permeable sediments that isolate the oil Page 164 November 18, 2014 production zones from the base of the lower Floridan aquifer and overlying sources of drinking water. So what's the potential effect if the lower Sunniland formation was actually hydraulically fractured? What you would get is movement of the hydraulic fracking fluid, eliminating within a certain radial distance from the well. It's 4,200 feet long. The purpose of it is to create the fractures near the wellbore but not necessarily extend into the overlying seal or overlying formations. You would have to pump up the well significantly to produce fractures into the sub-floor and aquifer. The second component would be you would have to have multiple failures of the casing strings and go unnoticed, so during hydraulic fracturing you are monitoring various components of the well while you are basically injecting the hydraulic fracking material and the propping material. The last item is if you consider that you have the plugged and abandoned well number 86 adjacent to it, you would have to overcome 250 feet cement plug at the base of the reservoir, you would have to overcome the fluid pressure of the mud that's sitting on top of it, and then you would have to overcome this cement sitting on top of that prior to entering the boulder zone. And if you did overcome those constraints, you have the high permeability of the boulder zone that would ultimately diffuse any upward flow of material that would enter into the lower Floridan aquifer and would limit any potential further migration into the underground sources of drinking water. That concludes my presentation. CHAIRMAN HENNING: Questions by the Board? (No response.) CHAIRMAN HENNING: Let's go to public speakers. MR. MILLER: Mr. Chairman, we have 11 registered public Page 165 November 18, 2014 speakers on this item. I'm going to call two names. We'd like you to speak at both podiums, please. Your first speaker is Marcia Cravens. She'll be followed by Marlaine Rieck. CHAIRMAN HENNING: You're supposed to introduce speaker slips prior to the item coming on the agenda. MS. CRAVENS: Good afternoon, Commissioners, and thank you for the opportunity to speak on this item, which is important to many of our residents and visitors. For the record, as chair and leader of Sierra Club Calusa Group I'm representing regional State of Florida chapter and National Sierra Club interest to move beyond dependence on fossil fuels. On that basis I am speaking as one voice for all members. On this agenda item we support The Conservancy's recommendations earlier in the day that permitting of unconventional drilling should be suspended until after more effective oil and gas legislation is adopted, because existing Florida law does not adequately address unconventional extraction methods. And I must state that the most notable thing about the report that was just given is what it does not inform you of. So some of the items that it does not very thoroughly cover include the use of the -- the massive use of water withdrawal in the action of fracking, and also the disposal of massive amounts of toxic wastewater from fracking activity. It addressed it only slightly by mentioning the toxic chemicals, but not the massive amounts of water that is involved. I just want to go on to say we reject supposition that fracking or fracking-like activity is regulated by a single reference to fracking as work-over activity when such activity is not otherwise allowed in Florida statutes for oil and gas exploration production, and that such loss should be clarified that invasive techniques to stimulate oil and gas wells, including fracking techniques, are not allowed as work-over Page 166 November 18, 2014 activities, because such techniques are not otherwise allowed or described in Florida law as being allowed methodologies for exploration and production of oil. Additionally, Sierra Club formally requests that public workshops be included in the process of developing new rules to regulate fracking or fracking-like methods of oil and gas exploration and production to ensure opportunities for interested and effected persons and non-government organizations to participate in the rule-making process. Thank you. MR. MILLER: Your next speaker is Marlaine Rieck. She'll be followed by Bruce Anderson. MS. RIECK: Hi, I'm Marlaine Rieck. MR. MILLER: My apologies. MS. RIECK: That's okay. It seems to me that injecting chemicals into the ground, whatever you call it, work-over, fracking, whatever, injecting toxic chemicals into the ground below us is very hazardous to our drinking water supplies. The ground in Florida, the limestone, the most solid part probably is porous. We have sand, we have boulder zones, we have various sizes of rocks, we've got, you know, lots of water below us. It just doesn't make sense. We depend on our water. Life depends on our water. Why take a chance? The horizontal wells, well, they may save in terms of going down. Sounds great. But the farther you go, the longer you go out, the more potential for leaks of whatever's in there, whether it's the gas and oil coming out or something we've put in, that's just that much more hazard. I'm basically against anything fracturing the ground. With the pressure -- for starters, fracturing the ground that we build our houses on, that we stand on, we drive our -- you know, our roads are on, we Page 167 November 18, 2014 drive on it, we have so much water below us. We have a record lots of sink holes in Florida. It just doesn't make sense. I'd prefer to have solid ground under me instead of something that was artificially broken up. And at one point maybe it's going to give way, maybe it won't, but why push our luck? And then to fracture using toxic chemicals? Not a good idea. I do support the recommendations presented by The Conservancy. And, you know, the more stringent our rules and regulations are governing the oil drilling the better off we are in the long run. The oil is a temporary monetary issue. Our drinking water and our clean air is a forever issue. And again, the more stringent rules the better. Personally I would like to see laws totally banning fracking by whatever terms you want to use. I'm very cautious with the oil drilling. Thank you. MR. MILLER: Your next speaker is Bruce Anderson. He'll be followed by Don Loritz. MR. ANDERSON: Good afternoon, Commissioners. My name is Bruce Anderson. I'm here on behalf of Collier Resources. I have a short statement to read and then a request. We appreciate the time and effort that AECOM has spent in developing this report. As stated in a previous letter to Mr. Ochs, we believe there are a number of areas of agreement in the legislative recommendations. Additionally, there are some points raised in the report that we don't understand the basis for. This was a highly technical presentation, and although we received a copy from staff last week, we do not think it was appropriate to critique the report without the benefit of it being formally presented to the Board today. We would respectfully ask the Board to consider one of the following two requests from Collier Resources: The first one, the Board not formally accept the report until the staff convenes a Page 168 November 18, 2014 technical meeting, similar to the meeting that Collier Resources convened after their groundwater modeling presentation to the Board. This would allow the parties to engage in a discussion with AECOM. Or in the alternative we would request that you accept the report with the stipulation that a technical meeting will be convened prior to a final report from AECOM to better define the data supporting the report. Thank you. MR. MILLER: Your next speaker is Don Loritz. He'll be followed by Patty Whitehead. MR. LORITZ: For the record, my name is Don Loritz, I'm the vice president of Preserve Our Paradise. We commend the Board on the past prompt action you've taken to rectify matters at the Orange Tree well. With reference to the AECOM report I'd like to submit a written comment. To it we attach the position of the Florida Medical Association adopted by resolution in July at the request of the Medical Association, appended at their request. We also append the physician's statement of Physicians For Social Responsibility, a Nobel Prize winning organization. That is appended to our comments at the request of Lynn Ringenberg, president elect of that organization. The AECOM reports specific recommendations for regulatory changes are unexceptionable in the sense that they all should have been adopted back in 1980. The problem is things have changed since 1980 and we find the report basically unresponsive to present realities. The claim that the benefits to the Florida economy derived from oil production amount to some $23 billion doesn't seem to square with the net production of oil in Florida. Two million barrels last year at $100 per barrel is $200 million in gross wellhead revenues. Of that only 25 percent stays in the state as the result of taxes or leaseholder royalties. 75 percent goes out of state and the residents of Florida have to buy it from out-of-state refineries. It seems inconceivable to us that Page 169 November 18, 2014 the 50 million that remains in state can somehow amount to a $23 billion asset to the state economy. More serious perhaps are the minimizing of hazards for Collier County contained in the AECOM report. It relies upon the finding from EPA in 1978 that oil and crude oil wastewaters are nonhazardous wastewaters. It turns out back in 1978 the government did not know that cigarettes caused cancer. And the components of cigarettes that causes cancer is benzene, the same hazardous chemical that is found in these wastewaters. The EPA was forbidden by Congress to evaluate the contents of those wastewaters. But from European studies we've learned that the median concentration of benzene in these wastewaters is 500,000 parts per billion. That's 100,000 times the U.S. EPA's own limit. Last year in South Florida some 750,000 barrels of oil were produced. In South Florida, for every barrel produced that way there are 20 barrels of wastewater. To use Mr. Bennett's own just presented multiplier of an 80-fold increase means that next year, or as soon as this increase takes place, there will be some 2.5 billion gallons of this toxic wastewater that exceeds federal EPA standards for drinking water by a factor of 100,000 will be injected just below our drinking water aquifer. This really needs much further study before the simplistic regulatory recommendations advocated by AECOM are adopted by the Board of Commissioners. Thank you for your attention. MR. MILLER: Your next speaker is Patty Whitehead. She'll be followed by Dona Knapp. MS. WHITEHEAD: Good afternoon, Commissioners. I'm speaking on behalf of the Responsible Growth Management Coalition of Southwest Florida. Our concern is -- well, basically I'm going to make three Page 170 November 18, 2014 statements. Pretty succinct, pretty clear, pretty logical. Any time you make an attempted change or strength in laws and regulations that already permit an activity, industry generally finds a way to negotiate a way to a place where they can get back to business as usual. In other words, they're not necessarily going to be dissuaded from pursuing widespread fracking in Florida just because an attempt is made to build regulatory roadblocks. Number two, fracking will necessitate the installation of more Class 2 injection wells, which according to AECOM can be converted. Well, you know, through some magic they'll go to Class 1 wells. But Class 1 wells are just as equally problematical. And I could submit a separate report on that that was prepared by the South Florida Water Management District. I'm not going to take the time to go into the technical details of that report. With the reports of aquifer contamination from enhanced oil and gas recovery flowback disposal wells that had been coming in from other states, most recently California -- THE COURT REPORTER: Please slow down. MS. WHITEHEAD: I'm sorry. -- most recently California, I truly believe creating more of these disposal wells will be the death of our aquifer system. Number three: As Edward Glab, who's a professor at Florida International University, he's in charge of a program I think under their business department that has to do with energy and oil recovery and so forth. He's also a former Exxon Mobil Public Affairs Director. He has stated, when it comes to more fracking in Florida, the juice is just not worth the squeeze. And what he means by that is there's just not enough petro resources to risk draining down our aquifer, depleting our aquifer and ruining our freshwater resources, not to mention the impact on industrialization to rural communities, lands and wildlife. So logically based on 1, 2, and 3, the answer is we need an Page 171 November 18, 2014 outright ban of fracking in Florida. We just don't need to expand this activity in our Everglades. Thank you. MR. MILLER: Your next speaker is Dona Knapp. She'll be followed by Nicole Johnson. MS. KNAPP: Good afternoon, Commissioners. My name is Dona Knapp. I am a former shrimp boat captain before BP spill, and I now run a small vacation rental business in Naples. And I'd like to extend a welcome to our new commissioner, Penny Taylor. It's great to see a new face, and especially a woman. One percent of drinking water is all we have left on the whole of Mother Earth. Water being the source of all life. Without it we die. And with this -- all this grabbing after oil, I just don't see the sense of it. You know, you do the mathematics. We have so many more tourists coming to Florida, we've got people that are seeking second homes. It's -- you know, we're going to be using more water here. And there's nationwide droughts everywhere. California has droughts. Towns in Texas have been closed down because of droughts. And to waste water that can never be used again on fracking does not make any sense to me. My second concern is this company AECOM. They don't have a very good track record, as far as I can see. They were hired by BP to clean up the spill, and were actually given an award in 2012 by BP for their successful cleanup and safety of the Deep Water Horizon Oil. Which as you know, a tar mat the size of Rhode Island has recently been found underneath the Gulf of Mexico. So I don't think that they're a very successful company in overseeing oil exploration in Florida. And I doubt that they have good credibility. And that's basically all I'd like to say on this matter. And also they have dealings with the River of Grass Greenway project, which is a proposed 16-foot wide bike path to -- 75 miles long Page 172 November 18, 2014 to go across the Everglades, which would have lighting, which would then need maintenance and which would then disturb what we have left of our wildlife, which would also disturb the tribal peoples that depend on that land out there, it would go through their burial grounds, through their ceremonial grounds. And I think we should show a little bit more respect to indigenous brothers and sisters that live out there without just going barreling through their land without asking, with no questions, and then digging up their ancestors' remains to put in a museum. CHAIRMAN HENNING: Can you stick to the topic, please. MS. KNAPP: This is part of the topic as far as -- CHAIRMAN HENNING: It is not. MS. KNAPP: -- I'm concerned. CHAIRMAN HENNING: It is not. MS. KNAPP: This company -- CHAIRMAN HENNING: Your time is up. MS. KNAPP: -- AECOM does not belong in our town. CHAIRMAN HENNING: Please step away from the podium. MS. KNAPP: Thank you for your time, Commissioners. MR. MILLER: Your next speaker is Nicole Johnson. She'll be followed by Brad Cornell. CHAIRMAN HENNING: This item is about future legislation to be given to DEP for legislators to consider. It's nothing else, okay? You'll be asked to step away from the mic if you want to talk about other items. That is what public comment is about. It's not about talking on items that have nothing to do with this item. MR. MILLER: Ms. Johnson? MS. JOHNSON: Good afternoon. For the record, Nicole Johnson, here on behalf of The Conservancy of Southwest Florida. And the item that's before you today actually has three separate but related components. And you haven't talked about that third Page 173 November 18, 2014 component, but that's what I want to speak on, your staffs recommendation for some direction from you to go out to look at some zoning code changes, including the Conditional Use process for the oil exploration and production wells which The Conservancy believes is a very important step forward. However, your staff has suggested that their exploration be limited to a certain area within X number of feet of residential areas. And The Conservancy believes that really you need to look at a process countywide. There's a very big distinction here. Certainly there are a lot of surface issues with oil wells that are close to residential areas. You have traffic, noise, fire hazards, odor, those sorts of things. But also there are a lot of issues that you can't capture if you simply look at a certain buffer perimeter around residential areas, those subsurface issues. Our surficial aquifer, our groundwater, that is below surface. And that is something that extends over a wide area of the county. Therefore, the Conservancy believes that you really do need to have that larger net, if you will, to go out and to look at what processes are appropriate countywide. Why now? And The Conservancy believes that there are three important points on that. The current Land Development Code doesn't really have a lot of process for the county to get involved in review and approval of exploratory or production wells. That may have worked in the past but now that we have new and extreme extraction techniques, the county really needs to get involved, especially when we're dealing with our precious groundwater resources. You need to have a role in review and approval of that. The second issue is with these new extreme extraction techniques, there could very well be much more oil activity in Southwest Florida. So we need to be prepared and have that county process in place. And the third reason is I think that we've all learned from the fracking like experience that happened at the Hogan well site that Page 174 November 18, 2014 Collier County needs to know about these procedures, you need to know in advance, you need to be able to review, and the public needs to provide comment on that. The Conditional Use process looks at compatibility and consistency, which is why The Conservancy believes this is the right process. Our neighbors to the north, Lee County, they have a special exception process; they're equivalent to a Conditional Use. They've had that in place for many years. So we ask that your direction include not just exploration of zoning changes and potentially Conditional Use process for X number of feet from residential areas but that it be explored countywide. Thank you. MR. MILLER: Your next speaker is Brad Cornell. He'll be followed by Dr. Karen Dwyer. MR. CORNELL: Good afternoon, Commissioners. I'm Brad Cornell and I'm here on behalf of Audubon of the Western Everglades. That's the relatively new name for Collier County Audubon Society. And I'd like to extend our welcome and congratulations to Commissioner Taylor on her new seat on this august board. So it's good to see all five of you up there. Thank you for this opportunity to address this issue. We're very appreciative and support both yours and The Conservancy's efforts to work to identify needed oversight and improved legislation and regulations, and the serious concerns, what the issues are about oil and gas drilling and fracking on our homes and our water and our habitat in Southwest Florida. Audubon of the Western Everglades shares these serious concerns. The Collier-Hogan well was very near Audubon's Corkscrew Swamp Sanctuary. We agree that it should be a top priority for our legislative delegation and in working with DEP using good science. We need proactive legislation in Tallahassee that requires -- and that requires a Page 175 November 18, 2014 suspension of permitting now until we have that new legislation and the implementing regulations that go with them. Also I agree with The Conservancy and Nicole Johnson's comments just recently that the county could take a much broader role through the conditioned (sic) use process, particularly recognizing that aquifers are one of our most important resources and they don't abide by short distance setbacks. And finally, the last point I want to make on this issue is that in addition to working for better oversight and regulations of the oil and gas industry, we also must prioritize better energy policy in the State of Florida and in our whole nation, maximizing renewable sources of-- CHAIRMAN HENNING: Does that have anything to do with the proposed language? MR. CORNELL: Yeah, the whole reason we're trying to maximize oil and gas exploration and production is because we're not investing enough in renewable energy, solar and wind. If you -- CHAIRMAN HENNING: This is about regulating oil wells. MR. CORNELL: Well, we have a problem because there's been an increase in oil and gas production and exploration -- CHAIRMAN HENNING: Mr. Cornell, stick to the topic, please. MR. CORNELL: With all due respect, Commissioner, I think this is right on topic. We're talking about energy exploration and extraction and the rules and policies that govern that whole realm of impacts on society. Is that not the topic? CHAIRMAN HENNING: We're not talking about solar energy. MR. CORNELL: Well, if-- UNIDENTIFIED MEMBER OF THE AUDIENCE: You should be. MR. CORNELL: -- we had solar energy and wind we would use less fossil fuel. That was my only point. And I'm sorry that's not connecting. But that was my point. And I think that's something that Page 176 November 18, 2014 we need to demand in order to minimize the amount of conflict and risk that we all have to endure in the fossil fuels. So thanks very much. MR. MILLER: Your next speaker is Dr. Karen Dwyer. She'll be followed by Dr. John Dwyer. DR. KAREN DWYER: We're delighted you're working collaboratively with the DEP, legislative delegation and technical experts like AECOM and The Conservancy to secure stronger oil and gas regulations. It's important to safeguard our community by making your recommendations as comprehensive as possible by including both AECOM's and The Conservancy's recommendations. Because oil drilling, as we know from the Collier-Hogan well and the Golden Gate drill site, can at any time turn into extreme extraction, including well stimulation and fracking. We recommend a suspension on all new drilling until we have regulations in place that, one, ban extreme extraction. Because no amount of regulation will ever make it safe to use large quantities of chemicals, water, pressure and sand to fracture open our highly porous and fragile limestone geology, a geology that sources our drinking water, not only the oil. Two: We recommend a one-mile buffer zone from drill site to family home so that no one has to live in an emergency evacuation zone. A buffer zone would protect the safety of citizens, as well as the rights of mineral holders and drillers. Three: We recommend securing DEP real enforcement powers so they can deny hazardous work-over procedures in advance in an inappropriate area, such as our watersheds and headwaters like the Hogan well site. And they can also make a cease and desist order stick and stop that violation immediately. Four: We recommend penalties such as increased fines and bonds strong enough to effectively deter violations in the first place. We personally would like to see all new Everglades oil drilling Page 177 November 18, 2014 banned. And by Everglades, we do mean the greater Everglades and the Everglades restoration project areas. But the first step is to ban extreme extraction and irresponsible drilling. What we need is transparency, oversight, accountability and public safety. We need The Conservancy's and AECOM's recommendations in local conditional land use laws that I'm really looking forward to hearing about. Because I know someone was going to present about that, how you can have local -- take local action in terms of conditional land use laws to either ban extreme extraction or limit the techniques that can be used so near homes, maybe even a buffer zone on a local level. Anyhow, I'd really appreciate you all looking into that. And I think I've covered all the bases here. And I really hope that we can take a collaborative approach to this and work together to get stronger enforcement both on the state and local level. Thank you very much. MR. MILLER: Your next speaker is Dr. John Dwyer. Followed by Jennifer Hecker. DR. JOHN DWYER: I'd like to begin by thanking you for the successful consideration that we have had so far on the Collier-Hogan well and especially with our friends Jaime and Pam. I feel like the cooperation that you exhibited during that time was very important. Right now when we're trying to consider what recommendations to make to the DEP and to the legislative committee, it's extremely important for us to take advantage of this time and really specify what it is that we want. Now, they're not going to give us everything we want, we know that. They're going to strip it. But that doesn't mean we can't ask for it. It's very significantly important to do this now. What have we learned from the Collier-Hogan well? First of all, the information part of this morning's presentation given by The Conservancy - Information. It was a secret for a whole year before anybody even knew that the Collier-Hogan well was being drilled right Page 178 November 18, 2014 smack in the middle, in the middle of Corkscrew Swamp. Information needs to be done and publicized in our local paper and television resources so that the community knows where these sites are, what's going to happen and what the dangers are. So the information leg I think is the first important thing that we should learn from the Collier-Hogan well. The second thing is I think enforcement. The DEP really is powerless right now, totally powerless to exert enforcement force. They saw the violation and they couldn't call the police, they couldn't call anybody to say stop doing what you're doing, because they have no enforcement power. So a very basic and important recommendation is to make them powerful in enforcement. They have to be able to, when they see a company doing something wrong, make it stop. Even if they have to call the Sheriffs Department to get it done. It's important to have access to the site. That's another significant thing about the Collier-Hogan well. Oh, the DEP comes down and they're not even allowed on the site? That's crazy. And we need to emphasize how stupid it is for us to turn over the responsibility for oversight to an organization that doesn't even have a right to come on site. The third leg of that thing was accountability and the fourth was public safety, and we've already been down that road a lot. I have one problem. I totally support The Conservancy but I have one problem with AECOM -- CHAIRMAN HENNING: Thank you. MR. MILLER: Your next speaker -- CHAIRMAN HENNING: That's not on the agenda. Go ahead. MR. MILLER: Your next speaker is Jennifer Hecker. She'll be followed by Ralf Brookes. Page 179 November 18, 2014 MS. HECKER: Jennifer Hecker on behalf of The Conservancy of Southwest Florida. CHAIRMAN HENNING: Excuse me, before you start. Did Mr. Brookes hand in his speaker slip after this started? MR. BROOKES: I'll be less than one minute. MR. MILLER: You saw what he did, it was after we started. CHAIRMAN HENNING: Well, the rules are -- Mr. Brookes was here all day today, by the way. Our rules are it has to be handed in prior to the item being announced. MR. MILLER: That's your discretion, sir, yes. CHAIRMAN HENNING: Well, that's the Board's rules. MR. BROOKES: I was not familiar with the rule. I did not know the rule. CHAIRMAN HENNING: You remember that. MR. MILLER: Yes, sir. Thank you. CHAIRMAN HENNING: Go ahead. MS. HECKER: The Conservancy of Southwest Florida supports the county's efforts to incorporate oil extraction issues into its 2015 state legislative priorities. While fracking-like techniques have been used elsewhere in the United States, as you are aware DEP has said repeatedly that they have never been done prior to the Hogan incident here in Florida. Therefore it is a new unproven technology in our unique geology here in Florida. We've reviewed the recommendations proposed to the county by AECOM and found that The Conservancy's recommendations expound and compliment them. In no instance do they conflict. Some of AECOM's recommendations actually require The Conservancy's recommendations. An example of this is the inspector's stop order. An inspector can't stop if they don't have access or they don't have the authority to deny that ongoing operation. So these work together. The Conservancy also would like to be proactive though in Page 180 November 18, 2014 stopping unsafe projects before they're built, before they're even permitted, by giving DEP the information it needs to properly review permit applications and to deny any that they feel are unsafe. So I think that it's very important to address things reactively in a more timely efficient manner in the future, but also to be more proactive in hopefully preventing such problems. The Conservancy should be effectively -- our recommendation -- to be effectively added to the county's priorities to present a comprehensive set of recommendations to the DEP and statement legislators. We have already provided these to DEP; we know that DEP is reviewing them. DEP has of course committed itself to working with Collier County to address its concerns, which is why we are coming to you to ask for your support for our recommendations as a public organization in this community who wants the same things you do, to protect the public health and safety, the environment and our water supplies. The Conservancy supports AECOM's recommendations, especially on well construction and operations standards being heightened, as well as increasing operator and driller accountability through additional bonds, improving public safety by requiring disclosure of drilling and well simulation fluids, properly plugging and abandoning old nearby boreholes and increasing enforcement by requiring DEP inspectors with authority to stop work. We would ask that you also consider that our recommendations provide needed specificity to these but other critical components that are not being addressed in AECOM's recommendations, such as information sharing, operator and driller accountability, improved public safety and increased enforcement. The Conservancy urges the Commissioners to accept our recommendations in addition to those in AECOM's report because they complement, expand and clarify those, and help provide a Page 181 November 18, 2014 comprehensive set of recommendations to our state legislature to update oil and gas regulations in Florida. Thank you. CHAIRMAN HENNING: That was the last speaker. MR. BROOKES: Thank you very much, Commissioner. What a jerk. CHAIRMAN HENNING: The Conservancy has their own stipulated agreement with DEP and they have submitted this. This is the Board of Commissioners' recommendation to DEP. That is what we've got to consider. Jeff, am I right? You were very much involved in this whole issue. MR. KLATZKOW: We have an agreement with DEP. CHAIRMAN HENNING: Yeah. MR. KLATZKOW: That's the controlling document. CHAIRMAN HENNING: Right. And we directed the County Manager to hire an expert to look at factual scientific information to assist us to make recommendations to DEP. So Commissioner Hiller, Commissioner Nance? COMMISSIONER HILLER: Thank you. Thank you very much. We have before us on our agenda four recommendations that staff has asked us to approve. And I would like to address them, but I would like to address them in a different sequence than the manner in which they are presented. The first one -- and I say four because one is really divided potentially in two. I'd like to start with number three which is for staff to direct the County Attorney's Office and County Manager or his designee to develop zoning code changes including but not limited to a potential Conditional Use process for oil exploration, production wells that are within an identified distance to residential areas. So I would like to make a first motion and that would be that we would direct the County Attorney's Office and County Manager or his Page 182 November 18, 2014 designee to develop zoning code changes including but not limited to a potential Conditional Use process for oil exploration, production wells, and just stop at that and not include within an identified distance to residential areas. I think we have to consider the county as a whole. So that would be my first motion. COMMISSIONER TAYLOR: I'd like to second that motion. COMMISSIONER HILLER: Thank you. CHAIRMAN HENNING: There's a motion and a second on the floor. Discussion on the motion? (No response.) CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. COMMISSIONER HILLER: The second motion that I would like to consider that we make is that we should impose a temporary moratorium on fracking and fracking-like drilling pending approval of regulation that protects the public's interest at the state level during this legislative session. I think that the end of this moratorium should be clearly defined as the end of the -- you know, between now and the end of the legislative session. CHAIRMAN HENNING: We can't have moratoriums. The Board can't create moratoriums and that, because we regulate it now. COMMISSIONER HILLER: Well, let me ask that question. Do we have -- and that is something that I wanted to address. Do we have Page 183 November 18, 2014 the -- and this is something that we talked about before. Do we have the ability to in any way limit the type of drilling? We can't limit drilling, and we can -- you know, we know that there is conventional drilling that's taking place now and has been taking place with no harm to the environment. The issue is is whether or not we can have -- can we impose a local restriction on fracking and fracking-like drilling? And Commissioner Henning, if the County Attorney says we can't, then that should be on the record so the community understands that if we could we would but if we can't, obviously we won't. Can you legally advise us? MR. KLATZKOW: You're asking if the nuclear option is what you're asking. COMMISSIONER HILLER: Well, we'd like to put you in the ejector seat. MR. KLATZKOW: No, now look, a couple of issues. One, we've agreed to work with DEP, okay. And my understanding is they're not issuing any permits. You have a de facto moratorium in Collier County. COMMISSIONER HILLER: On all drilling? MR. KLATZKOW: On all oil drilling, as we speak. COMMISSIONER HILLER: All right. MR. KLATZKOW: There's no need to take action. COMMISSIONER HILLER: All right. So in that case, if that's the case then it's understood that there is a de facto moratorium and there's no motion by this Board that's necessary. CHAIRMAN HENNING: Tell her about the Growth Management Plan. MR. KLATZKOW: You have certain problems with the moratorium, including growth management. And for reasons which escape me, we've prohibited ourselves from regulating the oil industry for environmental purposes. That's problematic. We can rescind that, Page 184 November 18, 2014 but until you do that, that's problematic. COMMISSIONER HILLER: Could you evaluate that in the context of the first motion? MR. KLATZKOW: That's not an environmental issue. A Conditional Use is different. COMMISSIONER HILLER: I understand, but can you in the process of evaluating the Conditional Use question look at this other issue as well? MR. KLATZKOW: Yes, I'd be happy to. COMMISSIONER HILLER: And advise us? MR. KLATZKOW: My advice is that you get rid of that provision, all right? But I can come back in an executive summary and COMMISSIONER HILLER: Explain why. MR. KLATZKOW: -- explain why. COMMISSIONER HILLER: That would be beneficial. Would the Board accept the County Attorney coming back just by way of consensus that he give us an opinion on that? CHAIRMAN HENNING: Yeah, you can't reconsider a motion unless -- COMMISSIONER HILLER: No, it's not a reconsideration of a motion. The motion was already made and approved. That's why I'm asking for a separate consideration of what the County Attorney has proposed, which is to give us information so by way -- a second act of this Board would be to agree by consensus to allow him to come back to us with an executive summary addressing that issue. CHAIRMAN HENNING: The first statement was to add it on a previous -- COMMISSIONER HILLER: I changed that. CHAIRMAN HENNING: You changed that? COMMISSIONER HILLER: I did. Page 185 November 18, 2014 CHAIRMAN HENNING: Okay. Now I understand. COMMISSIONER HILLER: Good. So can we ask for board consensus on allowing the County Attorney to come back on that point? CHAIRMAN HENNING: Is there any direction on directing the County Attorney -- COMMISSIONER TAYLOR: Specifics? COMMISSIONER HILLER: On the issue that he has just raised, which is the Growth Management Plan. COMMISSIONER TAYLOR: No, I support that. COMMISSIONER HILLER: Okay. So we have consensus on that, Commissioner Henning? CHAIRMAN HENNING: Yeah, you have the majority. COMMISSIONER HILLER: Okay. Then the next issue is the issue with respect to recommendations for the development of new state regulations to be presented in coordination with FDEP to the legislative delegation. Commissioner Henning, I think you're correct. I mean, The Conservancy is already directly dealing with DEP. We are separately dealing with DEP. The Conservancy has made some very good recommendations, but we need to come up with our own. Now what I would suggest is that The Conservancy can certainly tell the legislature and tell DEP to consider incorporating their recommendations as part of ours, you know, in working with us. But we really need to look at everything from a total perspective, not just from Conservancy's perspective. So there could be overlap. But I don't think that we should necessarily bind ourselves to say that what they're incorporating is what we will incorporate. It may so happen that we will incorporate everything they're suggesting, but it also could be that we may just do it in part. So I think we should leave ourselves open and allow staff to Page 186 November 18, 2014 develop the recommendations with DEP and bring them back to us, you know, for our approval. And then this is an ongoing process. We'll be changing our mind as we get new information throughout the legislative session, and we'll continue lobbying to refine the laws to the best of our ability to get the most we can for the public's benefit. CHAIRMAN HENNING: Well, going back to the stipulations is we're going to work with the agency to develop new regulations. COMMISSIONER HILLER: Right. CHAIRMAN HENNING: So I don't -- I haven't seen DEP's proposed regulations. COMMISSIONER HILLER: No. CHAIRMAN HENNING: So again, the item, going back to my memo, the only we could do is if anything is send our comments, our proposed language to DEP and start that process of working with -- hopefully The Conservancy will be working with the agency and -- COMMISSIONER HILLER: And everybody should be working together. I mean, it's all parties. CHAIRMAN HENNING: So they're going to bring back language that we need to see again. COMMISSIONER HILLER: Right. And that's exactly correct. So to that end I would make a motion that we direct staff to develop recommendations for new state regulations to be presented in coordination with FDEP. CHAIRMAN HENNING: We just got a presentation on that. You want to have them send the comments, what was presented to us, to DEP? COMMISSIONER HILLER: Yes, except with one exception. I think we need -- the recommendation by Collier Resources, that we have a technical briefing and allow the community to interact with AECOM and give feedback, and for AECOM maybe to refine and develop those recommendations based on that feedback I think is very Page 187 November 18, 2014 important. I don't think you can just present what you've presented to us today without consultation with Collier Resources, without consultation with The Conservancy. I think -- and, you know, these other groups here. I think -- and you should have some forum, in my suggestion, so you don't get overwhelmed, like have some formal mechanism where these people can give you input and maybe have one meeting to discuss it and then formalize your recommendations. But I think to not involve these people somehow and allow them the opportunity to provide input is as -- you know, since they're either the drillers or environmentalists would not be a good idea. COMMISSIONER NANCE: I think there's an easy fix for this. CHAIRMAN HENNING: I object to that, because again, we're supposed to be working with the agency. And so is the landowner. The landowner's going to do the same thing. They're going to submit their objections, comments and -- COMMISSIONER HILLER: And that's another approach. I mean, we can take the approach that everybody just submits their own and let it all fall into a pot and let the lawmakers pick what they think is best at this time. That's another approach. And I don't have an objection to that if that's, you know, the preference of the Board. But I do like the idea of the technical input. MR. KLATZKOW: The approach is set forth in your agreement. COMMISSIONER HILLER: What is it? MR. KLATZKOW: DEP is lead agency. They're going to be working with us to develop regulations. They've also agreed to work with The Conservancy, the landowners, Collier Resources and any other interested party. COMMISSIONER HILLER: But do they have separate -- to understand, just for the record, do they have separate agreements with each of these -- you know, either entities or agencies to work with them? Page 188 November 18, 2014 MR. KLATZKOW: The only agreement I'm aware of is their agreement with The Conservancy. I have no idea if they have agreements with anybody else. But in our agreement with DEP they've committed to work with all the stakeholders. CHAIRMAN HENNING: Right. COMMISSIONER HILLER: So -- CHAIRMAN HENNING: Commissioner Nance? We're going to move on to other Commissioners, and we'll come back to you. COMMISSIONER NANCE: Let me try to put this in perspective and see if we have common ground here. I want to review also for the public and for the people viewing two significant things I just want to go over really simply what our stipulated agreement says. Because what it does is it enables all stakeholders. Our stipulated agreement actually is a catchall that helps all stakeholders. This is what it says: The stipulation -- and I'm going to not read it in its entirety, but it says that the department, meaning DEP, will seek additional legislative authority to further strengthen our existing oil program regulations. This will include updating the current statutes to address new technologies and include greater protections. The Department commits to work collaborative with the county to address its concerns as the legislative process moves forward. In another paragraph it says, legislative and regulatory actions, FDEP agrees it will actively seek out, engage and work with all of the stakeholders in Collier County with respect to proposed legislative and regulatory changes, including but not limited to Collier County, the Collier County Water/Sewer District, The Conservancy, Collier Resources Company, as well as other affected landowners. Now -- COMMISSIONER HILLER: So it's really FDEP. COMMISSIONER NANCE: Excuse me, ma'am, just let me talk for a moment. In our legislative priorities, which we separately approved, we Page 189 November 18, 2014 said -- we requested that the legislative delegation support legislation that improves and strengthens state rules and regulations governing oil well drilling activities. The BCC has entered into a formal agreement with the Florida Department of Environmental Protection to jointly develop and support regulatory reforms. Each of the stakeholder -- each of the stakeholders individually in my view should submit their recommendations to FDEP as the lead agency, which has rightfully been pointed out by the County Attorney. The agency furthermore, I'm quite certain, has its own ideas on where it lacks authority in all these areas that we've been talking about. And The Conservancy has done an excellent job, I'm sure Collier Resources has a similar list. The public is invited to participate. They are stakeholders as well. Everyone should address what regulatory reforms are needed. The AECOM report today -- I would encourage you to read all the backup material. At the end of it it contains seven construction standard recommendations and 11 oversight recommendations and standard improvements. These are very, very defined and specific recommendations that were not able to be presented in the 10-minute presentation. I would recommend that we convey our construction standards and oversight standards as recommended by AECOM and invite The Conservancy and support Collier Resources as well to convey their recommendations to FDEP. This is what our stipulation consists of. COMMISSIONER HILLER: I'll change my -- COMMISSIONER NANCE: I will add one other thing to these recommendations. There's seven construction standards and 11 oversight standards. I'm going to request one other thing, because I think it's something we've talked about over and over and over, and it enhances our work on the GMP and that is I believe that we should request DEP to enact rule-making that absolutely prohibits activity Page 190 November 18, 2014 within a safety or emergency standard distance. Whatever that is. We don't even know what that distance is. If it's a mile, they should not be able to conduct activities within a mile of a residence. If it's a mile and a half and so forth. I think it's premature for to us start getting specific. I believe we should engage certainly in local rules, but we need to know what DEP is going to adopt before we move forward with our local enhancements of that. So I would make a motion that we transmit these seven construction standard recommendations and 11 oversight standard recommendations, and that we also add or request to add a prohibition when it impacts currently zoned residential properties. COMMISSIONER HILLER: I would like to -- COMMISSIONER NANCE: That's my motion. COMMISSIONER HILLER: I would -- COMMISSIONER FIALA: Second that. COMMISSIONER HILLER: I have one -- CHAIRMAN HENNING: We have a motion and a second on the floor. Discussion on the motion? And we're going to go to Commissioner Taylor first. COMMISSIONER TAYLOR: We have a first motion and a second, unless you've withdrawn that, Commissioner Hiller. Have you? COMMISSIONER HILLER: No, I haven't withdrawn that. CHAIRMAN HENNING: I didn't hear a motion. COMMISSIONER HILLER: I did. I made a motion on -- CHAIRMAN HENNING: Was there a second to it? COMMISSIONER TAYLOR: Yes, I seconded it. CHAIRMAN HENNING: Oh, you did second. COMMISSIONER TAYLOR: Yes. CHAIRMAN HENNING: Okay. Page 191 November 18, 2014 COMMISSIONER TAYLOR: Okay. CHAIRMAN HENNING: Well, let's clear it up before we do that. So technically Commissioner Nance, your motion -- COMMISSIONER NANCE: I thought we voted on the Conditional Use motion already. COMMISSIONER HILLER: No, this is -- I had made another motion. I made a second motion after that regarding the recommendations for state regulations. CHAIRMAN HENNING: Okay. And your motion was? COMMISSIONER HILLER: Well, my initial motion had been -- CHAIRMAN HENNING: Do you want to change your mind? COMMISSIONER HILLER: Yes, I do. CHAIRMAN HENNING: Okay. COMMISSIONER HILLER: May I? COMMISSIONER TAYLOR: That's fine. COMMISSIONER HILLER: So essentially what I would like to do is I would like to make my motion to mirror what Commissioner Nance is proposing with one difference and that is that instead of having the state define what is permissible or impermissible with respect to development -- or drilling, I should say, close to a residential area, I think that should be a question for the -- that should be a home rule decision. And basically we should be able to be as restrictive as we want and as protective as we want. Because if we delegate it to the state and they don't provide a restrictive standard that goes to the level that we feel is adequate for residential protection, then we're limited again. So I think if we could somehow recommend that you submit the technical and the oversight stan-- you know, the construction and the oversight standards as proposed by AECOM, and in addition request that we have home rule with respect to setting the drilling standards in Page 192 November 18, 2014 proximity to residential development. COMMISSIONER TAYLOR: I would second that. May we have some discussion on it? Commissioner Hiller, I wondered if you would amend it by requiring that the chemicals used in this -- including a list of the chemicals used as -- MR. CASALANGUIDA: It's in there. COMMISSIONER TAYLOR: It's in there, okay. And I've listened to -- I was out there when all this happened and I've said it publicly and I'll say it again, I commend you for your unanimous action again and again and again. You held FDEP's feet to the fire and well, well done. What I am -- questioning is the wrong word. Just educate me. As a public citizen, I don't understand why we wouldn't glean information from all the agencies before -- you know, in giving our decision, or our recommendation besides this report. Why we wouldn't take what we think The Conservancy's offering or Audubon's offering and even Collier. I understand that -- I think it's fair. I think we need to hear all the stakeholders in this. And The Conservancy performs a specific area, and yes, they do, but boy we can take a lot from what they've given us. And Collier needs to be heard, because they're going to refute it. So I've seconded your second motion and -- COMMISSIONER HILLER: And quite frankly my first motion is exactly what you're proposing. But I think in light of what Commissioner Nance and Commissioner Henning said and that is that we have an agreement with DEP that requires DEP to incorporate the input from all these entities, they're actually going to do the work for us so we don't have to do exactly what you're describing. So what we're doing is we're going to -- it's just a more efficient way of doing it. It's going to come to the same end. Page 193 November 18, 2014 So DEP will not be excluded from getting Conservancy's input or Collier Resources' input. And at the end of the day, you know, everybody will negotiate and work through what is best to recommend to the legislature. But rather than us doing it, our agreement, as Commissioner Nance properly pointed out, requires DEP to do it. So we're going to get it done but through them rather than through us being the filter. COMMISSIONER TAYLOR: So just -- and I'm not arguing, just another for informational purposes. As we go forward with what we can do as a community, I mean, it's in our backyard, darn it, right? It's not in Tallahassee, it's right here. Can we incorporate as much -- COMMISSIONER HILLER: Home rule. COMMISSIONER TAYLOR: -- restrictions and home rule in governing what goes on in our backyard? COMMISSIONER HILLER: Exactly. And that's exactly what I would like to see. COMMISSIONER TAYLOR: Not only distance but chemicals and timing. This is a brave new world out there. COMMISSIONER HILLER: You make a good point. If we -- to the extent -- staff, to what extent can we -- MR. CASALANGUIDA: You can't right now, Commissioners. COMMISSIONER HILLER: No, I understand, but what we're -- COMMISSIONER TAYLOR: Because of the growth amendment? COMMISSIONER HILLER: But what we're doing is we're lobbying change. So how can we get more home rule. MR. CASALANGUIDA: Your GMP prohibits you from doing that. COMMISSIONER HILLER: We can amend that. MR. CASALANGUIDA: That has to go through the state -- COMMISSIONER HILLER: Right. Page 194 November 18, 2014 MR. CASALANGUIDA: -- and the state says we're not going to support that because we have home room authority over that. That's a process we go through. So if you're asking us to look into doing that, work with the County Attorney's Office and we'll bring something back on that as well. COMMISSIONER HILLER: I think that's a good point. CHAIRMAN HENNING: Do you really want to have duplicity in government regulations when we don't have the experts? You know, I'm okay with somebody else doing something. I don't have to do it all. I don't have to be all to all. But that's my feeling. COMMISSIONER HILLER: I think if I can interpret what you're saying, Commissioner Taylor, if the state were to come up with threshold standards and if we had the right to be more restrictive if, you know, we saw the need, that we would have the ability to do so. Because when they set standards they have to set standards for communities beyond ours. And some standards could potentially be too restrictive for other communities and maybe less so for us because of maybe the geology. I'm speculating. So to the extent that we could have home rule beneath a minimum standard to be more restrictive if the need is justified, and of course we would have to justify that need, it would make sense. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, I believe that we need to follow through on our stipulated agreement. I just don't want to select from what The Conservancy has presented and I don't want to select from what Collier Resources is going to present. They are perfectly capable of advocating for themselves. They have some excellent points. I think it's improper for us under our agreement to endorse or not endorse any given element of their presentation. At the same time I think everybody needs to realize that FDEP is the agency of record that regulates the oil and gas program. I think Page 195 November 18, 2014 we're in a much, much stronger position than we've ever been because of the work we did prior. And I think we need to capitalize and focus on that. I don't think we should try to attempt to take over regulation of the oil and gas industry. I think our strength is to advocate now. But I do believe that there should be a restriction of a hazard zone around residences. And I strongly would suggest to you that having that at the state level is the strongest law we can get. I don't want to have it hinge on something we have here as part of our Conditional Use process. I would love it to be a prohibition at the state level. So -- and that's my only suggestion. I think we should go forward with this as Commissioner Hiller has suggested and see where it takes us. I think we're going to have another bite at the apple after this anyway. I hope DEP's going to come back to us. COMMISSIONER TAYLOR: And just a question for Commissioner Nance. It would give this Commissioner comfort to know when they're coming into Collier County to drill. And if we can't have standards that are similar to Lee County in terms of drilling, what are we doing in Collier when this is where the attraction is? COMMISSIONER NANCE: Well, just let me show you. For example, if you look at the construction standards and the oversight standards, one of them that's being proposed in this great presentation we saw today was number 14, oversight standards. Add a requirement that FDEP oil and gas section notifies and copies Collier County on all applications, supporting document, submittal and meeting notices, correspondences, related to future oil and gas exploration, oil and gas production, Class 2 injection wells and any oil and gas related waste disposal located with or for wells located within Collier County. So some of these I really think everybody needs to take a look at how good they are. And they're very powerful. And I do think it's an Page 196 November 18, 2014 excellent start. CHAIRMAN HENNING: Okay, there's a motion and a second to accept AECOM's presentation and submit that to FDEP; is that correct? COMMISSIONER HILLER: With the additional request of having the ability to be more restrictive, if necessary, beneath whatever DEP's -- or whatever the state establishes ultimately as a threshold for these issues. CHAIRMAN HENNING: Yeah, you got that? All in the favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Carries unanimously. (At which time, Commissioner Nance exits the boardroom.) Item #11E AWARD CONTRACT NO. 14-6349 - LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP), COUNTY BARN ROAD WEIR AND CANAL IMPROVEMENTS TO D. N. HIGGINS, INC., IN THE AMOUNT OF $7,415,247.53. (PROJECT NO. 33384) — APPROVED CHAIRMAN HENNING: Okay, now we've got recommendation to award a contract for LASIP, and Jay Ahmad will present. Page 197 November 18, 2014 MR. CASALANGUIDA: Commissioners, before you move on, I just need a little clarification on something. It's just about AECOM. Their contract with us is over. So I think they've done a good job. And with your direction, we want to enter into a new continuing services contract with them through the legislative session to represent us with these folks. Otherwise we will not have the technical expertise to attend meetings -- CHAIRMAN HENNING: That's a different item. That's not on our agenda. COMMISSIONER HILLER: That's not appropriate. You need to bring it back. CHAIRMAN HENNING: Please. MR. CASALANGUIDA: I'll have to bring it back at the next meeting. COMMISSIONER FIALA: I didn't hear what you said. I'm sorry. CHAIRMAN HENNING: He wants more money to give to AEC. MR. CASALANGUIDA: They're not on contract anymore, so I'll have to come back in December to put them on. Very good. COMMISSIONER HILLER: Trying to sneak something under the wire, Nick. Just kidding. CHAIRMAN HENNING: Motion to approve. COMMISSIONER HILLER: Second. CHAIRMAN HENNING: Motion by Commissioner Henning, second by Commissioner Hiller. Do you want to have a filibuster? COMMISSIONER FIALA: Beautiful presentation, Jay. MR. AHMAD: No comments. I'm okay with motion to approve. CHAIRMAN HENNING: Discussion on the motion? (No response.) Page 198 November 18, 2014 CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN HENNING: Opposed? (No response.) Item #11F AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $20,684,000 TO COMMUNITY ASPHALT, FT. MYERS AND RESERVE $2,004,000 ON THE PURCHASE ORDER FOR FUNDING ALLOWANCES, FOR A TOTAL OF $22,688,000 FOR ITB #14-6342 COLLIER BOULEVARD (CR951) ROADWAY CAPACITY IMPROVEMENTS (FROM GREEN BOULEVARD TO GOLDEN GATE BOULEVARD) (PROJECT NO. 68056) — APPROVED MR. OCHS: Commissioners, 11.F is a recommendation to award a construction contract in the amount of$20,684,000 to Community Asphalt for the Collier Boulevard Roadway Capacity Improvements from Green Boulevard to Golden Gate Boulevard. COMMISSIONER FIALA: Motion to approve. CHAIRMAN HENNING: Motion by Commissioner Fiala to approve. Second by Commissioner Henning. Commissioner Taylor, you need to get -- learn and great knowledge which Marlene Messam who is standing up there. She's very articulated and she's very dedicated to her work. And she's worth -- she's got a lot of knowledge. Page 199 November 18, 2014 MS. MESSAM: Thank you so much, Commissioner Henning. I'm honored that you think so highly of me. And I'm happy doing the work that I do for not only the Commissioners but the people of Collier County. So thank you so much. CHAIRMAN HENNING: That's right. And it shows in your work. MS. MESSAM: I appreciate you saying that, sir. COMMISSIONER TAYLOR: So I just have one question. The length of the road that we're asphalting? MS. MESSAM: We are reconstructing an existing four-lane segment of Collier Boulevard, which is about two miles long. And that's going to go from a four-lane to a six-lane roadway. COMMISSIONER TAYLOR: Two miles? MS. MESSAM: It's approximately two miles. Because we have other adjoining streets that we're also improving. Pine Ridge and White, Green Boulevard, and we're also improving parts of Golden Gate Boulevard. COMMISSIONER TAYLOR: That abuts into this, that go into it; is that it? I'm just trying to figure out the cost per mile in Collier County to do this. And that's why I asked you that question. What is our cost now to lay road? (At which time, Commissioner Nance returns to the boardroom.) MS. MESSAM: For this particular roadway, I don't have that immediately, but I can certainly get back to you with that information. COMMISSIONER TAYLOR: Okay. CHAIRMAN HENNING: At least 500,000 -- 5 million per lane mile. COMMISSIONER TAYLOR: 2014 figures. Thank you very much. COMMISSIONER HILLER: And that's urban or rural? MS. MESSAM: We're making an urban section -- Page 200 November 18, 2014 COMMISSIONER HILLER: So urban is 5 million per -- MS. MESSAM: -- which is curb and gutter. I have a little, little presentation here. CHAIRMAN HENNING: No, I don't think that's necessary. COMMISSIONER TAYLOR: That was my question. MS. MESSAM: Okay. CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Been waiting for this project for quite a while. It's going to really enhance the drive time of many of our employees that live in that area. You know, White Boulevard, Collier Boulevard, Pine Ridge, it's going to be great. MS. MESSAM: Thank you. CHAIRMAN HENNING: So hurry up and get it done. Next item? (At which time, Commissioner Fiala and Chairman Henning exit the boardroom.) Item #11G SELECT A METHOD OF COLLECTING THE $10,500 UTILIZED FOR EMERGENCY REPAIRS ON PLATT ROAD AND AUTHORIZE THE ADVERTISEMENT OF AN ORDINANCE Page 201 November 18, 2014 FOR THE DECEMBER 9, 2014 BCC MEETING FOR FINAL CONSIDERATION - MOTION TO APPROVE STAFF'S RECOMMENDATIONS WITH THE EXCEPTION THAT FUNDS WILL BE COLLECTED OVER A 2-YEAR PERIOD OF TIME VERSUS STAFF'S PROPOSED 1-YEAR COLLECTION PERIOD — APPROVED MR. OCHS: Sir, 11.G is a recommendation to select a method of collecting the $10,500 utilized for emergency repairs on Platt Road, and authorize the advertisement of an ordinance for the December 9, 2014 BCC meeting for final consideration. Michelle Arnold will present. MS. ARNOLD: Good afternoon. COMMISSIONER NANCE: Yes, Michelle, I'd just like to make a couple comments. I'm temporary chair here for a moment. I would like to make a motion to approve. The collection of the money has already been approved by the Board. I would just like to make a request. Mr. Carnell graciously sent me a schedule suggesting it would be a one-time assessment. And some of the assessments for some of the residents would be as high as $775 in one year. I would just like to make a motion to approve but I would like to have the collection done over two years instead of a one-year period, just to make sure we're not putting a burden on some people that can least afford to make additional payments at this time. Would that be acceptable? MS. ARNOLD: And that is for the MSBU process; is that correct? COMMISSIONER NANCE: Yes. MS. ARNOLD: So the assessment, okay. MR. OCHS: So you want to spread the assessments for all the payers, Mr. Chairman, over two years? Page 202 November 18, 2014 (At which time, Commissioner Fiala returns to the boardroom.) MS. ARNOLD: Well, what the payment would be is, you're correct, a one-year period. We did provide some information of the linear footage for each of the properties. COMMISSIONER NANCE: Yes, that's your recommendation. I would like to adopt that but I would like to break it up into two years instead of one. (Chairman Henning returned to the boardroom.) MS. ARNOLD: I just want to note that the majority of the property owners, 41 to be specific, would be paying $193 -- COMMISSIONER NANCE: I understand. MS. ARNOLD: Okay. I just wanted to -- COMMISSIONER NANCE: It's just an area that doesn't pay a lot of taxes to begin with and a lot of economic problems in that area. COMMISSIONER FIALA: $193 is a lot of money for some people. COMMISSIONER NANCE: For some people it is. And I'm just trying to -- you know, since we're going to the administrative pain to set it up and we're going to do it, I would like to see it spread out over a couple of years. That's my only suggestion. I think your analysis -- and I appreciate all the work you've done and I think the lineal footage is the way to go. MS. ARNOLD: And -- CHAIRMAN HENNING: Is that a motion? COMMISSIONER NANCE: That's a motion, yes, sir. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Any concerns, Jeff? MR. KLATZKOW: No, sir. MS. ARNOLD: Thank you. CHAIRMAN HENNING: Okay, motion to spread it out over two years. Staffs recommendation and spread it out over two years. Page 203 November 18, 2014 COMMISSIONER NANCE: Yes, sir. CHAIRMAN HENNING: All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #14A1 BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY, ACCEPT STAFF'S REPORT ON THE STATUS OF EFFORTS AT THE COUNTY'S AIRPORTS OVER THE PAST YEAR — APPROVED MR. OCHS: Commissioners, that takes us to Item 14 on your agenda this afternoon. Item 14.A is a recommendation that the Board, acting as the Collier County Airport Authority, accept staffs report on the status of efforts at the county's airports over the past year. Identify yourself for the record, please. MR. SHUE: Sure. Good afternoon, Commissioners. Gene Shue, Operations Director, Growth Management Division. Give us one second to get our Power Point ready to go here. We're good. Commissioners, it's been about a year since GMD assumed responsibility for oversight of the airports. Today's presentation is Page 204 November 18, 2014 designed to update the Board on the status of the airports and to fill you all in on what we've accomplished over the past year. I'll start with an overview and then I'll turn it over to your airport managers who will give an update on the grant funded construction projects over the past year. We'll then go to Allison Kearns, we'll get a brief update on the status of a couple of audit issues, and then finally we'll segue to two related agenda items where staff is seeking board direction. This time a year ago GMD began a thorough review of airport operations. We concluded early on that the aviation specific operations were in good hands with two experienced airport managers and an experienced support staff. We also concluded, however, that there was room for significant improvement in the broader areas of financial and business practices. Specifically we saw improvement opportunities in the following four areas: Records management. Basic documents like leases and insurance certificates were difficult to find and hard to readily access. Two: Lease management. The majority of the tenants had lease compliance issues. Several were behind in their rent payments, a few significantly so. There was also no systematic lease monitoring in place. Number three: Tenant relations. Out at the Immokalee Airport in particular relations were strained. And finally, number four: Accounting procedures and internal controls. Neither were as strong as they needed to be. A year later I'm happy to report that we've made significant progress in all four areas. With regard to lease -- I'm sorry, with regard to records management, our team located, reviewed, indexed and stored all relevant business documentation into SIRE, the county's electronic storage system. We also developed an airport GIS info system in order to better Page 205 November 18, 2014 access and maintain the data going forward. With the help of Nick, Vanna, we'll briefly demonstrate this system. The system, Commissioners, is a GIS interfaced map or index that takes us right into the SIRE location. So it will take a second, we're going to do this live, or attempt so. And actually this kind of grew out of a larger project that GMD is spearheading on project data management. We're actually taking this kind of information for all capital projects ongoing in the future and as far back as we have the resources to research and connect the dots so that we can bring up a map and see all the documentation associated with capital projects. Now, one of the subsets of this, if we scan on up, Nick, to where the Immokalee Airport is, we'll give an example. We go up to Immokalee and we see a representation of the airport. We zoom in just a little closer. Let's go to Turbo Services as an example. So that space there is where the Turbo Services facility is. And when we click on that, it brings us to an index. And when we select an index, it takes us to a document that summarizes all those documents that we stored within SIRE. And when the document comes up we'll see a number of active links that take us directly into SIRE where the information is stored. Now, there's two real benefits with this: One is we can easily access the information. I typically have two monitors at my desk and seems like for the last six months one of my monitors is always on this map, because someone will call about some airport related issue and in order to address it, I need to go right to the lease or correspondence or amendment and this is the easiest way we found to access it. And it works a little quicker from the office. The other benefit is that when we actually store the stuff within SIRE, we're capable of putting in little ticklers which addresses that lack of systematic lease management. So we can set something up to Page 206 November 18, 2014 tickle us 30 days or 60 days or 90 days before a lease is going to expire or insurance is going to expire. And again, that's what we found seemed to be the issue with a lot of this. There are well over 100 lease and license agreements, and keeping track of when they expire and when the insurance and various related agreements was difficult without leveraging the technology that we have. Sorry that didn't work out, but it's actually available for use for the Commissioners. And we've rolled it out to the airport managers and a few other folks that are getting a lot of value out of that. The second area, lease management. Our emphasis there has been on improved compliance. We've realigned the staff to dedicate a position responsible for managing leases, tenant relations and customer service. We believe the emphasis is working. All of the material large tenants are current or on a payment plan. There's always a few stragglers that we work with, but at this point it's all small T-hangar type things. Compliance across the board is greatly improved, as the following slide will illustrate. You may recall last February when I came before the Board and reported on our initial findings, I classified all of the leases using a three level approach. Level one, no issues; level two, minor issues; and level three, significant issues. You can see what the percent breakdown was back in February and you can see how we've made improvement as of just this past week we updated this. Now, it's not ideal. Our goal is to have zero level three. There's still a few things we're working through, one of which is related to the item we're asking direction on. The other -- I would expect within the next two months to get that level three down to zero. You're always going to have things in the level two category; that's when insurance expires today and it takes 30 days to get a certificate back. But overall, Page 207 November 18, 2014 great improvement. The third area, tenant relations. When it comes to tenant relations, our approach has been relatively simple. We're trying to run and treat the airport as a business and we're treating the tenants as customers of that business. We're having open lines of communication and clear, consistent application of the rules. Staff has worked proactively to improve tenant relations and we believe this improved business climate will pay dividends in the future. In fact, it may already be paying dividends as just this past week we got up to 100 percent occupancy across all three airports for the first time in two to three years. And finally the fourth area is accounting procedures and internal controls. Truthfully, the biggest improvement that we could make here and we did make here was to hire and train a new accountant. In addition, we reviewed and revised transaction processing and improved internal controls. Before I turn it over to the airport managers to lead you through the capital improvements, are there any questions? CHAIRMAN HENNING: Commissioner Hiller. COMMISSIONER HILLER: I just want to compliment you. I want to compliment you and your staff. I mean, what you're presenting to us is outstanding. The fact that you're 100 percent leased, that you've got leases that are current, that you've ensured lease compliance, that you have good relations, that you have internal controls, that you have document controls is really commendable. CHAIRMAN HENNING: And the best thing is, is the Commissioners are not getting phone calls from tenants anymore -- COMMISSIONER HILLER: Not at all. CHAIRMAN HENNING: -- complaining about airport staff. COMMISSIONER HILLER: Nothing. MR. SHUE: We have a strong team working on this. Allison Page 208 November 18, 2014 Kearns has probably spent 50 percent of her time for the last six months getting all this cleaned up. She actually took over the accounting function while we were between accountants so that she could learn it so that she could properly train the new accountant. And that's the only way we were going to do it. At that point probably the only two people capable of running the accounting system was her and I, and I'm glad she was able to step in. The accounting managers -- I'm sorry, the airport managers have really done a great job. What we found is they really didn't have the benefit of all of the county resources supporting them. Whether it was the airport's fault or whoever's fault, we weren't using SIRE, we weren't using the lease management group to help us with the leases, we weren't tapping into Risk Management as much as we should to review insurance requirements. So we tried to leverage all that, and I think the results are showing. But I know it's getting late so let's jump ahead to the construction projects. COMMISSIONER NANCE: I just want to say one thing, Mr. Shue before you go forward and that is to echo what Commissioner Hiller said. And I will tell you that the Immokalee Airport operations remain a critical part of the fight against Citrus Greening disease in Southwest Florida and the citrus industry in the state as a whole. And it's little known that almost 25 percent of the State of Florida citrus is sprayed and this disease kept at bay out of the Immokalee Airport. I will tell you that your improved tenant relations has not gone unnoticed. I'm getting very positive feedback from the citrus industry, people about the improved tenant relations at the Immokalee Airport. So I will pass to you their compliments on a much smoother running operation. Thank you, sir. MR. SHUE: Thank you very much. Let me introduce Bob Tweedie. Bob has been with the airports Page 209 November 18, 2014 for almost 19 years. He started out in Immokalee in '96, stayed there for looks like about two years and has been your Marco Island Airport Manager since January of 1998. Bob has a bachelor's degree in business and economics. He's also a member of the American Association of Airport Executives and a Certified Manager. In addition, he's an FAA Licensed Commercial Pilot and Certified Flight Instructor. Bob, I'll let you take it from here. MR. TWEEDIE: Thank you, Gene. Good afternoon, Commissioners. For the record, Robert Tweedie, Airport Manager, Marco Island Executive Airport and Everglades Air Park. Along with my colleague, Justin Lobb, he'll be presenting a brief overview of the recently completed construction projects at each of our three airports this year. This year we conducted projects at Everglades, Marco and Immokalee. At Everglades it consisted of a taxiway extension project; Marco Island was a runway and apron rehabilitation project; and at Immokalee we reconstructed runway 9er-27. These projects collectively are the most substantial FAA grant funded projects undertaken at our airports to date and have provided us with very significant and important infrastructure improvements for the citizens of our county and airport users. Let's start out by talking about the Marco Island project. This project consisted of a full depth reconstruction of runway 17/35 in the terminal apron area, among other elements. Significant portions of this project included safety area improvements to the north and south and east side of the runway, as well as drainage, grading and drainage to decrease the ponding of water on the paved and non-paved surfaces and installation of new efficient LED runway edge lights as well as runway and identifier lights and a backup generator for the airfield Page 210 November 18, 2014 lighting system. Project budget was 6.2 million, 90 percent funded by FAA AIP grant funding, with five percent FDOT aviation grant and five percent county match. Notice to proceed was issued on December 13th and it involved a 90-day closure of the runway from January 13th -- of the entire airport, actually, from January 13th through April 14th. The photo you see to the left of the slide here was taken in early February at about 50 percent completion. And there you see a photo of the project shortly after the runway was reopened in mid April. That's looking from the south to the north. And you'll note also the area up in the north or the upper left corner that was cleared as well to the west of the existing apron, that was another important element of this project. Substantial completion was achieved on September 11th, and all remaining construction punch list and cleanup items have been completed. The final contract completion date is tomorrow, November 19th, and there are no remaining items to be completed at this time. COMMISSIONER FIALA: May I ask just a question on that? MR. TWEEDIE: Sure. COMMISSIONER FIALA: Are you now preparing to build hangars over there? Did you get the pad ready for that or no? MR. TWEEDIE: That area is now in a condition to be suitable for development. It has been cleared and filled in accordance with the DEP and the Corps permits that we worked for so many years to get for the whole airport site. And now we're prepared to move forward with that. We'll be exploring opportunities for, you know, public and private partnerships perhaps for some hangar development, see what kind of grant funding we can possibly get from FDOT for some hangar development as well. So it's about a 5.5-acre site that includes significant development. COMMISSIONER FIALA: And some have already offered to Page 211 November 18, 2014 build the hangars, right? MR. TWEEDIE: We have had some interest from private developers so -- COMMISSIONER FIALA: Yeah, you've gotten that information. Okay, good, thank you. MR. TWEEDIE: -- we'll move forward with this. And you can see here in this photo the before and after. Before on the left, that photo was taken shortly after completion of the taxiway project back in 2012 and then to the right here the photo was taken in October. The cost breakdown, $5.7 million for construction. We are on budget for that portion of the project. For engineering services, we're right now at about 160,000 below budget. And we anticipate that we will be below budget. There are some remaining engineering items to close out. However, we expect to be substantially below budget on engineering. Any questions before I move on to Everglades? CHAIRMAN HENNING: No, just keep on going. MR. TWEEDIE: Okay. The Everglades Air Park project involved a construction of about a 350-foot segment of parallel taxiway to the south, connecting the full length of the parallel taxiway to the south end of the runway. It also required the update of the airport layout drawing, as well as some design and environmental updates. (Commissioner Taylor exits boardroom.) CHAIRMAN HENNING: It was a $285,000 budget, 90 percent FAA funded with 10 percent local match. It commenced in mid April and was completed the beginning of August. And I'm happy to report it was completed about $25,000 below budget. I'm going to turn it over to my colleague, Justin Lobb to present the Immokalee Airport project. Page 212 November 18, 2014 MR. OCHS: Commissioners, Justin's a new member of our airport staff and we're very pleased to welcome him to Collier County. I think we're going to see great things from him in the future. CHAIRMAN HENNING: Well, welcome. Anything you need, ask Troy, he can get it for you. MR. LOBB: Commissioners, Justin Lobb. I'm the airport manager at Immokalee. Before I begin discussing the capital improvement projects that were completed, I'd like to take a minute to formally introduce myself. Prior to my arrival in Collier County I received a bachelor's degree in aviation and airport management from Florida Institute of Technology in Melbourne, followed by several years in operations management at the Orlando-Sanford International Airport. (Chairman Henning exits the boardroom.) MR. LOBB: As a person with great passion for aviation, I'd like to use my knowledge and experience to expand business at the airport, generate interest in the local general aviation community, and enhance tenant and customer relations, all while maintaining the safe and efficient operations at the Immokalee Airport. With that being said, I'd like to discuss the improvements that were made over the last year in Immokalee. Although the project met substantial completion prior to my arrival, I can say it was managed and executed successfully. And a great deal of credit is owed to Bob Tweedie for the successful management of three major projects at all three county airports in the absence of a manager at Immokalee. This rehabilitation project featured a full reconstruction of Runway 9/27, along with a realignment of parallel Taxiway Bravo. Prior to this project, the pavement had not seen any major improvements since the airport was activated as an Army base during World War II. The airfield also did not meet the design and safety criteria as Page 213 November 18, 2014 outlined by modern FAA standards. Because of this the runways were decoupled. (Chairman Henning and Commissioner Taylor return to the boardroom.) MR. LOBB: And safety areas outlined in the runway boundaries were improved to allow for greater efficiency and safety. Other items in the scope of the project included grading and drainage improvements, along with an entirely new and efficient LED lighting system, all of which allow for lower operating cost to the Airport Authority and an enhanced experience to the airport user. And as you can see in this project sketch, the highlighted portion indicates the boundaries of the rehabilitated runway 9/27 which was shifted 450 feet to the east. The space where the runways were joined in the northwest corner now features runway blast pads and grass safety areas. The dark shaded areas indicate new runway connectors that allow for ease of access to and from the activity runway. Total cost of the runway rehabilitation project was estimated at just over 8 million before the bidding process. And as you can see the matching contributions from FDOT and Collier County. And I'll provide more of an in-depth overview of the finances in the following slides. The notice to proceed was given on December 30th, 2013, and you can see the work in progress in this aerial dated March 27th, 2014. At this time the old runway had been removed down to the base material and the first layer of asphalt was being paved. Substantial completion of the project was met on August 26th, 2014 and I am pleased to report that final completion is scheduled for this Friday, November 21st. To provide you with a better visual understanding of the project scope, these aerial photos illustrate the magnitude of the transformation. Most notably you will see that the overall geometry of Page 214 November 18, 2014 the airfield has changed significantly. The new taxiway connectors meet current FAA design and separation criteria, and the airfield markings exceed the minimum standards as outlined by FDOT. The portion of the closed runway leading up to runway 9/27 has been completely removed. And what these aerial photos do not show is the extensive underdrain system that was installed that vastly improves drainage during periods of heavy rain. And as I mentioned earlier, the project met substantial completion on August 26th, 2014. While there was a surplus of approximately 725,000 as of September 30th, we expect that with other engineering costs, including environmental and design updates, the project will conclude on time and within the budget amount of 8.86 million. In conclusion, the capital improvement projects at all three airports included participation at the federal, state and local levels. And this represents an investment into an infrastructure that has significant impact to Collier County. With these improvements and with the management team in place, we believe -- we are optimistic that further development and economic activity will continue in the years to come. May I field any questions? CHAIRMAN HENNING: No. MR. LOBB: All right. With that, I'd like to introduce Allison Kearns, Financial and Operations Support Manager with Growth Management. MS. KEARNS: Thanks, Justin. Again, for the record, Allison Kearns, Financial and Operational Support Manager with your Growth Management Division. I'll try to make this as quick as possible, since it's getting so late. At this time we'd like to provide you with a quick update on the status of three airport related internal audit reports issued by the Clerk this past year. Page 215 November 18, 2014 The first item listed relates to the USDA powder coating system grant audit. Followup for these findings is still in progress but we are primarily working to identify the necessary write-down for the assets that are allegedly missing or no longer in use. And adjustment to the asset value will be proposed to finance this fiscal year, and no further Board direction should be required related to the close-out of this audit. That actually concludes our comments, County Manager, on Item 14.A.1. The other two items listed up here require your direction before we move forward with close-out. So unless there are any further questions on this item, we can move on. MR. OCHS: Mr. Chairman, we're asking for the Board's motion and vote to accept this staff report on the status of the airport operations. COMMISSIONER TAYLOR: So moved. COMMISSIONER FIALA: Second. CHAIRMAN HENNING: Motion by Commissioner Taylor, second by Commissioner Fiala. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Are you doing okay before we move on? We don't have much more at all. Do we, Nick? MS. KEARNS: We hope not. CHAIRMAN HENNING: Okay. Go ahead, continue, please. Page 216 November 18, 2014 Item #14A2 BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY, PROVIDE PRELIMINARY GUIDANCE AND NEXT STEPS TO STAFF IN ADDRESSING RESOLUTION OF INTERNAL AUDIT REPORT 2014-3 COLLIER COUNTY AIRPORT AUTHORITY - CAMPGROUND (RV PARK) - MOTION TO APPROVE STAFF'S RECOMMENDATIONS OF OPTION #3 — APPROVED MR. OCHS: Commissioners, 14.A.2 then is a recommendation for the Board acting as the Airport Authority to provide guidance in the next steps of the staff in addressing the resolution of the internal audit report 2014-3 regarding campground and RV parks. Allison? MS. KEARNS: Thank you. Commissioners, as you may already know, many of the campground assets were located this summer after staff performed some additional research and excavation activities in our follow up response activities to the audit findings. Staff was unable to unearth many of the assets which were previously reported to be destroyed or disposed. The campground area was covered with about a foot of dirt for the past several years, and as it sits today is not in usable condition. In case you're wondering, the reason as to why it was all covered up is not known to current county staff. I do have a couple of quick photos to show you. They're not terribly extensive, but this is just a sample of one of the concrete pads that was unearthed that's in good condition. And behind it you can see a little piece of the sidewalk that is still existing as well. And this other slide is probably the worst of the bunch where one Page 217 November 18, 2014 of the pads is completely destroyed. So after sharing -- excuse me, I have to go back. After sharing the audit report and discussing this current situation with the project manager from the Economic Development Administration, one of the guarantor agencies, they highly recommend the county rehabilitate the area and place it into service as it was intended in the original grant application. The reason staff is requesting direction from the Board is due to the EDA requiring a letter of intent to be submitted by the county, highlighting the future plans and actions for this campground. So we have generated a few options for your consideration, but feel free to come up with your own ideas as we move through this. Option one in your executive summary relates to the abandonment of the campground assets. This basically means keeping the status quo. As today, the assets are not being utilized for operating a campground as it was intended. This is the easiest but likely most costly solution. This may also create future losses of grant opportunities from the EDA. Repayment to the guarantor would have to go through the EDA's legal department, and in accordance with the grant assurances the repayment amount could mean the whole grant is in jeopardy, which originally exceeded $1 million. Likely if this option is chosen the EDA would only require repayment of the value of assets destroyed plus fees and interest. But again, this option would have to be reviewed by their legal department before we know the true fiscal impact. Option two would fully alleviate audit concerns but poses the most challenges. If the campground is brought back to a useful state, it would likely have a minimum upfront cost of approximately $90,000. Option three is a favorite of staff because it basically blends the previous two options. Having a third party agree to operate the campground and maintain the area would alleviate the operational Page 218 November 18, 2014 responsibility for the airport staff and provide a small amount of income from a potential concessionaire agreement. This option would have to be preapproved by the EDA, but essentially they have stated as long as the campground is being used as intended the grant assurances would be satisfied. This has the same upfront cost as option two but the ongoing cost would be reduced by having another party operate and maintain the campground. So far no third parties have agreed to work with the airport on this option, but it's still being explored by staff. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Has the FAA approved the use of their property as a campground RV park? MS. KEARNS: This is on the non-aeronautical side of the park. COMMISSIONER HILLER: Okay. MS. KEARNS: And FAA does not need to -- COMMISSIONER HILLER: So that issue is not even an issue. MS. KEARNS: No, not that we're aware of. COMMISSIONER HILLER: And do we have any zoning issues with respect to this or are we good on allowing that use on that land? CHAIRMAN HENNING: Yeah, transit is allowed on that PUD. COMMISSIONER HILLER: That's great. CHAIRMAN HENNING: Commissioner Nance? COMMISSIONER NANCE: Yes, I would like to make a motion that we make a recommendation to proceed with option number three as staff has suggested, which would be a blended approach, and authorize item to expend the $90,000 to go ahead and return it to its intended purpose. CHAIRMAN HENNING: Motion by Commissioner Nance -- COMMISSIONER FIALA: Second. CHAIRMAN HENNING: -- second by Commissioner Fiala. Page 219 November 18, 2014 Discussion on the motion? (No response.) CHAIRMAN HENNING: Seeing none, all in favor of the motion signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Any opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. MS. KEARNS: Thank you. I'll let Gene Shue present Item 14.A.3. Item #14A3 BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY, DIRECT STAFF TO NEGOTIATE A NEW LEASE WITH RTH ENTERPRISES, INC., D/B/A IMMOKALEE REGIONAL RACEWAY (IRR) PURSUANT TO THE RESOLUTION OF ALL OUTSTANDING CURRENT LEASE ISSUES - MOTION TO APPROVE STAFF'S RECOMMENDATIONS - APPROVED MR. OCHS: That item, Commissioners, is a recommendation from the Board acting as the Airport Authority to direct staff to negotiate a new lease with RTH Enterprises pursuant to resolution of all outstanding current lease issues. Gene? MR. SHUE: For the record, Gene Shue, again from Growth Page 220 November 18, 2014 Management Division. CHAIRMAN HENNING: What's your recommendation? What is your recommendation? I'm sorry. MR. SHUE: For the IRR recommendation is for the Board direct us to work through these issues and negotiate a new lease. CHAIRMAN HENNING: Is there a motion? COMMISSIONER NANCE: I would make a motion to do that. And one of the things that I think's important about this is I think that this lease is helping us produce maintenance costs at the airport. And I think that having a good relationship with this entity may well afford us some utility on the last issue that we just approved which is the use of the RV park which may well have some utility for this operation. COMMISSIONER FIALA: I second the motion. CHAIRMAN HENNING: Motion and second to approve staffs recommendation. Gene, do you have anything else on this? MR. SHUE: If you folks would like to see more on this, I can show you more; otherwise we can move on. CHAIRMAN HENNING: Commissioner Hiller has a question. COMMISSIONER HILLER: Now, this is on aviation property? CHAIRMAN HENNING: No. MR. SHUE: It is. It's an old abandoned runway. COMMISSIONER HILLER: So if it is on a runway then we need formal FAA approval for this use. MR. SHUE: And we do have that. COMMISSIONER HILLER: We do have a current -- MR. SHUE: They've actually been there since 1999. COMMISSIONER HILLER: Well, when I first got elected, while I understood there were there, there was no FAA approval. And I had asked for it back then and it was never forthcoming with all the issues that were going on at the airport. I never got that answer. I Page 221 November 18, 2014 would like to actually see that formal FAA approval. The other thing that I am concerned about is insurance. Because I do understand that they engage in go-carting and they have minors that go-cart out there. MR. SHUE: And that's what these two slides were showing. I can do this for you briefly. The one on the left is the current operation. The least footprint that they currently have is that yellow rectangle there. Their actual operation, excluding the go-cart, goes well beyond that. They have spectators on either side of that line. The drag racers go beyond the northern northeast limit of that box. And then well beyond those distances you have the go-cart operation. On the right would be the footprint of the new lease that we envision that would encompass all that. And as Commissioner Nance pointed out, they're already maintaining this entire footprint, which is saving the airport maintenance dollars. Now, this will not be without challenges with the FAA because this new lease would have to go to the FAA. And one of the concerns they would have is that they mandate what the lease cost is for land leases for non-aviation uses. And right now they're kind of pushing the limit. And now we go to this larger footprint. And our preliminary discussions with the tenant would be to hold the lease rate, the gross amount, at the same level, which of course means the cost per square foot is going to drop significantly. Now we think we can make that case, because the reality is these folks use that entire plot of land for maybe 20, 25 times a year as opposed to 365 days a year. They also help us by maintaining that land and they make the track available, the go-cart and the drag strip available, to the Sheriffs Office and to Emergency Services for training operations. So we think there's good reasons to partner with these folks. Page 222 November 18, 2014 And in terms of revenue, I think that lease produces about $30,000, which is one of the larger revenue producers we have at the airport. COMMISSIONER HILLER: Well, the Sheriff and EMS would have use of that regardless. So they're not providing an asset to us by allowing them to be there, because we would allow it anyway. Going back to the issue of insurance, given that you have spectators, given that you have minors that are involved in these go-carting, I have serious concerns about what the potential county liability would be and, you know, what type of indemnification we would have in the event of some sort of an accident. MR. SHUE: Commissioner, we do have the insurance on both the drag strip and we've required them to get the insurance on the go-cart facility as a preliminary step until we get this all wrapped into a new lease. COMMISSIONER HILLER: Does that protect the audience as well? I mean, what's the -- I mean, I would like to have the opportunity of reviewing that policy with you, just to make sure. Not that I'm an expert in insurance, but maybe you could present it to the Board when you come back with a lease, just to make sure that the county is protected. MR. SHUE: One of the things we've been doing more of is a number of businesses out there, at least three that I know of, we've actually gone out with Risk Management to tour the facilities. And in those cases they actually found that the insurance requirements were too high in some of these facilities. So you folks have already authorized a lowering of those in the past couple of months. But I'll be glad to go out with Risk Management and -- COMMISSIONER HILLER: It should be -- MR. SHUE: -- look at that and review the documentation. COMMISSIONER HILLER: It's not to say it's high or low. It Page 223 November 18, 2014 should be fair and adequate, whatever it is. But we just need to make sure. One thing we want to be sure of is that we're not underinsured with an audience, with children who are racing, you know, in that environment. CHAIRMAN HENNING: Motion and a second to approve staffs recommendations. All in favor of the motion, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN HENNING: Opposed? (No response.) CHAIRMAN HENNING: Motion carries unanimously. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS CHAIRMAN HENNING: Now we go to staff communications? MR. OCHS: Yes, sir. CHAIRMAN HENNING: And Commissioners. MR. OCHS: Nothing from me today, sir, except to remind the Board of their upcoming workshop on December 2nd with the City Council of Marco Island, and to simply welcome Commissioner Taylor. Staff and I look forward to working with you. COMMISSIONER TAYLOR: Thank you. MR. OCHS: That's all I have, sir. CHAIRMAN HENNING: Thank you. MR. KLATZKOW: Nothing, sir. Page 224 November 18, 2014 CHAIRMAN HENNING: Nothing? Commissioner Nance? COMMISSIONER NANCE: Yes, I just have one item. There has been a recent proposal from a landholder in Golden Gate Estates area to make an exchange of properties with the Golden Gate Land Trust. And what I would like in order to investigate this, which is a time sensitive issue, is the blessing of the Board to allow staff to look into the offer that has been proposed and allow some staff time for our internal real estate appraisers to take a look at the values that are being suggested and allow staff to bring back an item to us on the -- for the December 9th meeting if they feel like it's warranted consideration of the Board. CHAIRMAN HENNING: Have you talked to the County Manager about this? COMMISSIONER NANCE: Yes, sir. It's a request for a staff time to look into it and see if it has any merit to bring an agenda item forward. CHAIRMAN HENNING: Sure. I mean, I don't have any objections. Commissioner Taylor, do you have any objection? COMMISSIONER TAYLOR: No, not at all. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: No. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: No. CHAIRMAN HENNING: No. COMMISSIONER NANCE: All right, sir, Mr. Ochs, that is sufficient authorization for you to -- MR. OCHS: Yes, sir. That December 9th date might be a little challenging but we'll do the very best we can. COMMISSIONER NANCE: Yes, sir. You've got to be like Page 225 November 18, 2014 MacGyver, okay? MR. OCHS: 24/7. COMMISSIONER TAYLOR: Oh, my gosh, you're dating yourself. COMMISSIONER FIALA: He was a little kid. COMMISSIONER HILLER: He was watching reruns on Netflix, that's what it was. We'll never say how old he is. COMMISSIONER NANCE: That's it, sir, thank you. CHAIRMAN HENNING: Commissioner Hiller? COMMISSIONER HILLER: Yeah, I received an email this morning, and it's an article on a news blog called the Naples City Desk and it was an article written by Gina Edwards. And the headline is Clerk Brock and Senator Richter sign deal Friday to transfer county 600 million to firm with no BCC vote. And I forwarded the article to the County Manager and to the County Attorney. And I'd like an understanding of what's going on. You know we, by the vote of three Commissioners, Fiala, Henning and Nance, approved -- or I should say, really, ratified the selection of First Integrity as the bank's depository agent and supposedly a broker/dealer by the name of Finex (sic) I believe it was as the custodial agent. Now, all of a sudden -- and that was through the Clerk's solicitation process. Now on all of a sudden there's a contract that's been signed by the Clerk and Garrett Richter -- Senator Richter, I should say -- for custody of 600 million in securities with an entity that was not named in the contract. And this entity is, according to this article -- let me just see. Where is it now? Let's see. Okay, it's called First National Bankers Bank Shares. And it's actually a Louisiana based entity. The other entity I think was out of Connecticut or something like that. It was Infinex Financial Group, which is what the Board of County Page 226 November 18, 2014 Commissioners approved as being the custodial agent. So what is going on? And I thought the county's investment policy said that custodial agreements have to be approved by the Board. And how is this bypassing the procurement process and how is this bypassing Board vote? MR. OCHS: I don't know. COMMISSIONER HILLER: Don't all answer at once. CHAIRMAN HENNING: Do you have anything else, Commissioner Hiller? COMMISSIONER HILLER: No, I'd like an answer. CHAIRMAN HENNING: Would you get her an answer? COMMISSIONER HILLER: County Attorney, do you know about this? Were you aware of this agreement? MR. KLATZKOW: No. COMMISSIONER HILLER: You were not told about it? County Manager, were you told about it? MR. OCHS: No, ma'am, I received the email. COMMISSIONER HILLER: So you didn't know about this contract signed by the Clerk? MR. OCHS: No, ma'am. COMMISSIONER HILLER: Can you please find out what's going on and come back and let us know? CHAIRMAN HENNING: Let Commissioner Hiller know what's going on. MS. KINZEL: Commissioner Hiller -- or Commissioner Henning? CHAIRMAN HENNING: Yes. MS. KINZEL: Perhaps I can address that. The custodial agreement is still through First Florida Integrity Bank, but it is a totally separate agreement with a separate custodian, which is part of the best practices of GFOA. That's why it was Page 227 November 18, 2014 changed. Per the Constitution the Clerk is the custodian of funds and per State Statute he handles the investments of those funds. But I can assure you it is a secure entity and it is following best practices. COMMISSIONER HILLER: The contract provided for Infinex Financial Group to be the custodial agent. And that was what was approved by the Board. And custodial contracts are to be approved by the Board, and I'm not sure how this entity was selected without any competitive bid. So I think -- I'd like the County Attorney to look into the legality of what was done and to provide information on this entity and inform me of that. The other question I have with respect to what's going on is part of the solicitation was that deposits were supposed to be made -- were supposed to be credited to our account immediately. And in other words there shouldn't be a day delay or a two-day delay or anything of that sort. And it's my understanding, and maybe I'm incorrect and the information I've received is wrong, but apparently the Brinks is picking up deposits from various county locations, and please tell me if this is not correct, it's being deposited first at the Bank of America and then the next day it's being transferred to the county's account at First Integrity. So we're not being given immediate credit in our accounts as was made clear that was necessary as part of our -- not ours, but the Clerk's solicitation. CHAIRMAN HENNING: Who is spreading this rumor? COMMISSIONER HILLER: It's not a rumor, it's just a question. Is the money -- CHAIRMAN HENNING: No, it's a rumor unless it's facts. COMMISSIONER HILLER: Let me ask Crystal -- I'm speaking right now, Commissioner Henning. MS. KINZEL: Commissioner Hiller, I'm unaware of that Page 228 November 18, 2014 circumstance. I'd have to check and get back to you. COMMISSIONER HILLER: Could you get back to me on that and let me know? If the deposits are going -- you know, if Brinks is picking it up and it's going directly to First Integrity, confirm -- MS. KINZEL: That's the intent, yes. COMMISSIONER HILLER: No, I just want to know what's happening. Thanks. MS. KINZEL: I'm unaware of an error that would have taken it to Bank of America, but we'll check. COMMISSIONER HILLER: Thanks. Those are just -- those are my only two questions. I would like to welcome Commissioner Taylor. I think you were marvelous today. You are a natural. And it's really nice to have you on board. COMMISSIONER TAYLOR: Thank you very much. COMMISSIONER HILLER: And I hope to see you in church. And I just want you to know the reason I don't go there is because I got holy dispensation from Father Michael because of my job. And I think you need to go out and get the same dispensation not to have to show up and not to feel guilty about it, for what it's worth. It really is a pleasure and an honor to have you join us. And we are going to miss Commissioner Coyle. And he did leave me his voodoo doll. And I have decided to rename it He Who Shall Not Be Named. And we won't say who that is. I want to wish everybody a very happy Thanksgiving. Happy Thanksgiving to staff, to members of this Board and to the whole community. COMMISSIONER NANCE: I think you should have to reveal all the various and sundry people that are giving you dispensation. I'm a little unnerved by that. COMMISSIONER HILLER: There's only one person. Well, I'm Page 229 November 18, 2014 willing to share that with you. There's only one person I got holy dispensation from and that was Padre. And it was really cool to see him here today. We go to the same church. CHAIRMAN HENNING: Are you done? COMMISSIONER HILLER: Would you like me to be? CHAIRMAN HENNING: I just want you to be complete. COMMISSIONER HILLER: I feel whole. I do. CHAIRMAN HENNING: Now are you done? COMMISSIONER HILLER: Yes, sir, thank you. CHAIRMAN HENNING: Welcome. COMMISSIONER TAYLOR: Thank you very much. CHAIRMAN HENNING: And I'm looking forward to working with you for the next two years and the ideas that you bring. We worked in the past and I'm sure we'll be working well in the future. COMMISSIONER TAYLOR: Thank you. CHAIRMAN HENNING: Commissioner Fiala? COMMISSIONER FIALA: Thank you so much. I too would like to chorus that. Welcome, welcome. It's been a joy working with you today and I know that we'll all enjoy it in the future as well. I have a question and that is I'm considering asking you -- in fact, I want to ask you all to consider -- I'm back on to the median landscaping, by the way, back -- I'm not going to give that up. COMMISSIONER HILLER: Dog with a bone. I mean -- COMMISSIONER FIALA: I continue to receive calls regularly from different parts. The three main areas I get calls on are 951, Immokalee Road and Santa Barbara. Those are the three main roads. Anyway, and so I'd like to see if we couldn't poll the community. Some inexpensive way. Like I guess there's a polling thing on line that we could do or some way that our people could come up with a creative way where it wouldn't cost us much but so that we can poll the Page 230 November 18, 2014 community, would they be willing to pay $12.00 a year on their taxes to move ahead with median landscaping. And I'd like to get that into action pretty soon. So if you don't mind, I'd like to work with staff and see if they could put something together about that. COMMISSIONER HILLER: Can I answer that? I have similar issues in my district. There are certain corridors where people would like enhanced landscaping and it keeps coming up year after year. And I guess the question I have is why don't we go back to, you know, if the communities are willing to establish MSTUs along those corridors. Because for example, you know, along the Vanderbilt corridor I could see where there could be, you know, residential coupled with commercial communities that would appreciate putting together an MSTU between for example U.S. 41 and Airport Pulling, and fill in that very empty unattractive looking patch of grass. And especially that area where, you know, that we get so many tourists going to Mercado, I could see where there would be a tremendous benefit to that improvement. So maybe the solution instead of polling is doing -- is allowing for these communities to establish their own MSTUs to improve to whatever degree they want. And, for example, what I had looked into is having staff come up with various different designs and different price points. You know, a community might want more, another community might want, you know, more natural native type of landscaping and just let them pay accordingly. COMMISSIONER NANCE: Didn't Nick already provide us with some options on that? I think Nick -- CHAIRMAN HENNING: That's a policy. COMMISSIONER HILLER: He did. And that's what I'm saying is, I mean, that would be -- and those -- that would be like an option that would give everyone flexibility, whereas if you don't -- if no one Page 231 November 18, 2014 wants it in your area, you don't have to do it. If they want to limit it to a degree -- I mean, that was I think the simplest solution, it gave every district an opportunity to do as much or as little as they wanted. COMMISSIONER NANCE: We need to go back and look at our workshop notes. CHAIRMAN HENNING: Yeah, it is the policy. The present policy is if the community --just like Radio Road east, if the community wants that median landscaping, that's when, you know, the downturn happened, they can create an MSTU. They have an MSTU and they're paying for their own maintenance on the county's property. COMMISSIONER TAYLOR: And it's not precedent setting at all. Because there's one in my district which is Berkshire Lakes, Glen Eagle's, it's a very large one. Now just be aware that over -- now, again, it's the degree that you want it to do, but over 15 years they've spent a million-four. COMMISSIONER FIALA: Well, there's more than one in your district. Bayshore is another one that also has their own MSTU. CHAIRMAN HENNING: There you go. We found a solution. COMMISSIONER FIALA: But I would like to address -- I would like to talk with Nick about this and see how best this could work and because you're going to have -- you know, you're going to have to have some agreement of-- agreement in -- and maybe a general landscaping, because you don't want mishmash, right? I mean, you'd like to have a coordinated effort. And I think, well, like for instance we'll go to Livingston Road. That's a beautiful piece of landscaping. And maybe that could be what you go forward with. And then if people -- and that would be one general what everybody would pay, and if they want any increase in landscaping, then they could, you know, pay for that. CHAIRMAN HENNING: We already set a standard. It's in place. Page 232 November 18, 2014 COMMISSIONER HILLER: Livingston is beautiful. CHAIRMAN HENNING: But actually -- COMMISSIONER FIALA: Did we really set a standard? I know we discussed it. And then some people said well, we didn't want this and some people said we want that. Some people had each side of a road. And so I don't remember coming up with a final standard. COMMISSIONER HILLER: I don't either. MR. CASALANGUIDA: Commissioners, you have an adopted standard right now which was without the street trees. So you have one now. COMMISSIONER FIALA: Oh, you mean the one that we did way back when? That's what you're talking about? Oh, yeah, I loved that. MR. CASALANGUIDA: No, it's not the Livingston standard, it's a more modified one. COMMISSIONER FIALA: That's right. It's the one that we've done on Davis Boulevard and U.S. 41 where you had the side trees -- MR. CASALANGUIDA: That's not your standard now, ma'am, just so you know. That's -- right now you're not doing that anymore. You're not doing the side trees anymore. You've gone to not the floratam grass anymore, you've gone to a lower standard. I think when we talked about it, the challenge was this at your last workshop and then you had a Board meeting on it, the Board debated it and it was decided that we would go back to a if a community wanted it, they could do an MSTU. What Commissioner Fiala expressed to me was some of these roads are regional roads, they're 951 corridors and -- versus the little strip between -- on Vanderbilt. The discussion we had was -- and we had spoke and I said, Commissioners, the Board's had their meeting, they've already gave us a decision based on that. I think you're trying to get a consensus from the community, trying to do some surveys and see if they're willing to Page 233 November 18, 2014 go back and tax themselves specifically for arterial roadways again. CHAIRMAN HENNING: Michelle Arnold can help you with that. COMMISSIONER FIALA: Well yeah, and she can. And what I'm thinking of is a whole countywide MSTU by everybody donating say $12.00 a year -- I'm just picking that out of thin air. But that way then the landscaping can proceed and everybody participates, whether they're on a landscaped road. Like I live on Lakewood Boulevard, I don't live on a landscaped road. U.S. 41 is landscaped already. That isn't the point. The point is for the overall affect of what it's going to look like, everybody would participate is what I'm thinking. We can at least consider that. So I'll work with Nick and see what we can put together and with Pam Lulich and then come back to you all with some kind of a plan, okay? Might take me a little while, but I'll do it. COMMISSIONER TAYLOR: Is there any kind of notices for an MSTU you can put in utility bills or whatever specifically geared to zip codes? MR. CASALANGUIDA: Sure, we could do that. COMMISSIONER FIALA: That would be a good thing. MR. CASALANGUIDA: When you say notice, just -- COMMISSIONER TAYLOR: There's no cost. It could be an informational meeting workshop and disseminate the information that way. Specifically for an area that borders let's say Collier Boulevard or whatever. I'm not suggesting a countywide meeting. That would be exciting but I don't think doable. COMMISSIONER FIALA: No, that's what I'm suggesting. COMMISSIONER TAYLOR: Oh, my goodness. Where would you put them? COMMISSIONER FIALA: Countywide medians? COMMISSIONER TAYLOR: Meeting. Page 234 November 18, 2014 COMMISSIONER FIALA: Oh, meeting. No, no, no. I'm sorry. Median. Countywide median landscaping is what I'm talking about. MR. OCHS: If we're talking about an assessment on every taxpayer? Is that what you're suggesting? COMMISSIONER FIALA: Yeah. CHAIRMAN HENNING: The Board has already made that decision. MR. OCHS: Just a general fund -- COMMISSIONER FIALA: Yeah, but we can readdress it. CHAIRMAN HENNING: You're going to work with staff and bring it back? COMMISSIONER FIALA: Yeah. CHAIRMAN HENNING: Okay. COMMISSIONER NANCE: I'm expecting that staff is also going to come back with us and address -- they're supposed to be addressing signs. And one of the elements that we have problems with signs are these street trees that we decided we were going to put everywhere that impedes the view of shopping centers which causes people to want to cut down the trees in the shopping center which makes everybody grumpy. So we've got that. And somehow, and I don't know who authorized what but we're continuing to install trees around water retention areas. They're going up every day. And I don't know who's authorizing that. But I would much rather see landscaping put in for Commissioner Fiala than to see us planting trees around water retentions that don't need to be landscaped out in the middle of nowhere. So I don't know who's doing that, but we need to talk about that. COMMISSIONER FIALA: Now, water retention areas, like on U.S. 41? COMMISSIONER NANCE: I've got water retention areas out in the middle of the Estates and all of a sudden all around these water Page 235 November 18, 2014 retention areas people are staking trees and putting trees in when the whole area around is native. I got no idea what it is we're enhancing. CHAIRMAN HENNING: I've got a chain saw you can borrow. COMMISSIONER NANCE: Well, we're enhancing the forest, you know. The forest is good. God takes care of it at no cost to the taxpayer. CHAIRMAN HENNING: Do you have anything else, Commissioner Fiala? COMMISSIONER FIALA: No, that's it. Thank you. Thanks for a good meeting. CHAIRMAN HENNING: No, thank you for your controlling my buttons over here. COMMISSIONER FIALA: That's these buttons. CHAIRMAN HENNING: Commissioner Taylor? COMMISSIONER TAYLOR: One thing warm and fuzzy, one thing not so warm and fuzzy. I was looking at the wall space that we have in our offices and in the hallway and wondered if the Commissioners would have a consensus to contact the art groups throughout the county to see if they want to do rotating -- COMMISSIONER HILLER: I wanted to do that, and oh, my God, I almost got slaughtered for that recommendation. I wanted to do that. I wanted -- when we were decorating and I actually suggested that, I think -- I can't remember, I'm not sure if Brent Batten crucified me in an email or if he actually crucified me in an article. But I have wanted to do that forever. And what I had thought of was basically an art in public places project to ask local artists to hang their art and do rotating galleries, which I think would be wonderful. The other alternative would be to see if an artist, for example like Clyde Butcher, would allow to us hang, you know, works of his art Page 236 November 18, 2014 instead of doing a rotating collection. But I thought Clyde Butcher art, you know, up and down these halls, given that we now have a more modern design, would absolutely be wonderful. But the idea would be to do local art. COMMISSIONER TAYLOR: You know, we have art organizations on Marco, I think there might be one in Everglades City. I'm sure there's one -- COMMISSIONER NANCE: I think we should ask new Commissioner Taylor to be our art liaison. COMMISSIONER HILLER: I think that's a great idea. COMMISSIONER NANCE: Since there's many artists in her district, maybe she can prevail upon them to help us improve our image. COMMISSIONER TAYLOR: Well, what I'd like to do is ask the Commissioners to recommend, if you would, recommend the organization to contact. We'll contact them and see if we can't get some kind of schedule going. It's a wonderful opportunity and we can't even -- COMMISSIONER FIALA: And maybe some don't have organizations, like Phil Fisher, for instance, yet he's got -- or Paul Arsenault. Wonderful art but, you know, they're just one of their kind, you know. COMMISSIONER HILLER: Absolutely. I think we should start an art in public places program. And this would be our -- you know, you basically would do it, for example, take this building and just get, you know, rotating art like you suggest. And I think it would be a great way to exhibit, you know, the local talent we have and at the same time introducing the public to all these people. I think it's absolutely -- but like I said, I'm pretty sure I was crucified over that. That's okay, I'm used to it. CHAIRMAN HENNING: Ask Brett Batten to bring it back to Page 237 November 18, 2014 us. COMMISSIONER HILLER: Actually, yeah, he's the ex officio commissioner, isn't he? COMMISSIONER NANCE: He's one of those people you need dispensation from, actually. COMMISSIONER HILLER: You mean if we have to dispense with him? I agree. That's my definition of dispensation. COMMISSIONER TAYLOR: One more thing. We have an item coming before us which is the RaceTrac issue in December. And I would like to -- and I'm not sure the procedure, I don't know if I ask our County Attorney or our County Manager, I'd like an opinion from the planning department to interpret the ordinance on -- that establishes gas stations to determine if it is property line to property line or pump to pump. CHAIRMAN HENNING: Okay. COMMISSIONER TAYLOR: I'd like that to come back at our next meeting. CHAIRMAN HENNING: So Commissioner Taylor is asking for an official interpretation from our Land Development Code to our planning manager. I don't see any reason why we can't take a vote on that. Is there a second to that? Commissioner Fiala seconds the motion. COMMISSIONER FIALA: Yes. MR. CASALANGUIDA: Just FYI, Commissioners, Ray has already not officially opined but he's certainly put as an official through the County Manager's that it is property line to property line. COMMISSIONER TAYLOR: Can we get that -- MR. OCHS: We'll produce it at the next meeting. COMMISSIONER TAYLOR: That's good. As an agenda item. MR. OCHS: Yes. Page 238 November 18, 2014 MR. KLATZKOW: Well, get direction on that. I'm afraid you may have an appeal with this gas station, so just to -- COMMISSIONER TAYLOR: So take a vote? MR. KLATZKOW: No, if you can just give them direction to come back with that. CHAIRMAN HENNING: Yeah, the Board of Commissioners is wishing for an official interpretation by county staff to bring this back on whether it's from pump to pump or property line to property line in the gas stations. COMMISSIONER FIALA: At the December 9th meeting. CHAIRMAN HENNING: For the December 9th meeting. COMMISSIONER TAYLOR: Do we need to take a vote -- CHAIRMAN HENNING: No. COMMISSIONER TAYLOR: -- County Manager? CHAIRMAN HENNING: It's a consensus, right? MR. KLATZKOW: I just saw five heads go up and down. CHAIRMAN HENNING: That's a consensus. COMMISSIONER TAYLOR: Maybe we should take a vote just in case? COMMISSIONER FIALA: Aye. CHAIRMAN HENNING: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER TAYLOR: Thank you. CHAIRMAN HENNING: Anything else? COMMISSIONER FIALA: Happy Thanksgiving, everyone. COMMISSIONER HILLER: Yes, Happy Thanksgiving. CHAIRMAN HENNING: Entertain a motion to adjourn. COMMISSIONER HILLER: Motion to adjourn. COMMISSIONER FIALA: Motion to adjourn. Page 239 November 18, 2014 CHAIRMAN HENNING: Happy Thanksgiving. ***** **** Commissioner Henning moved, seconded by Commissioner Fiala and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 OFFSITE REMOVAL OF UP TO 10,500 CUBIC YARDS OF EXCESS FILL FROM COLLIER AREA TRANSIT'S PASSENGER TRANSFER FACILITY (CAT), COMMERCIAL EXCAVATION PERMIT EXP-PL20140002163 — FOR A LAKE EXCAVATION AT THE PROJECT SITE; RUNNING ROUGHLY (12) TRUCKS AN HOUR WITH AN ESTIMATED 750 LOADS FOR A ROUTE THAT BEGINS AT THE RADIO ROAD FACILITY, TURNING EAST ONTO SANTA BARBARA BOULEVARD, NORTH ONTO GOLDEN GATE PARKWAY, WEST ON LIVINGSTON ROAD AND ENDING AT A FILL SITE ON ORCHID RUN; RETURNING ON LIVINGSTON ROAD THEN SOUTH ONTO RADIO ROAD Item #16A2 RESOLUTION 2014-232: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF PLAT DEDICATIONS FOR THE FINAL PLAT OF LAKOYA (AR-12021) AND AUTHORIZE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $248,723.75 — ENGINEERING SERVICES HAS INSPECTED THE IMPROVEMENTS AND RECOMMENDS FINAL Page 240 November 18, 2014 ACCEPTANCE Item #16A3 RESOLUTION 2014-233: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF PLAT DEDICATIONS FOR THE FINAL PLAT OF VALENCIA LAKES PHASE 5-A (AR-4205) AND AUTHORIZE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $94,956. 13 — WITHIN THE ORANGETREE PUD WHICH INCLUDES VALENCIA LAKES, PHASE 5-A HAS BEEN FOUND TO BE IN SUBSTANTIAL COMPLIANCE Item #16A4 RESOLUTION 2014-234: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF PLAT DEDICATIONS FOR THE FINAL PLAT OF VALENCIA LAKES PHASE 7-A (AR-5749) AND AUTHORIZE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $56,919.00 — THE ORANGETREE PUD WHICH ENCOMPASSES VALENCIA LAKES — PHASE 7-A HAS BEEN FOUND TO BE IN SUBSTANTIAL COMPLIANCE Item #16A5 RESOLUTION 2014-235: FINAL ACCEPTANCE OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF SUMMIT PLACE IN NAPLES, PHASE II (AR- 6955) AND AUTHORIZE ACCEPTANCE OF PLAT DEDICATIONS AND RELEASE OF THE MAINTENANCE Page 241 November 18, 2014 SECURITY (PERFORMANCE BOND) IN THE AMOUNT OF $182,800.58 — ENGINEERING SERVICES HAS INSPECTED THE IMPROVEMENTS AND RECOMMENDS FINAL ACCEPTANCE Item #16A6 RECORDING THE FINAL PLAT OF BREEZE OF CALUSA, (PL20130001575) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT, APPROVAL OF THE PERFORMANCE SECURITY AND ACCEPTING AN OFF-SITE DONATION OF MITIGATING PRESERVE LAND PURSUANT TO SECTION 3.05.07 H. 1 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (COMPANION TO #16E9) — THE DEVELOPER IS DONATING 1 .14 ACRES OF PRESERVE LAND TO SATISFY PRESERVE REQUIREMENTS AND WILL PROVIDE A CASH PAYMENT FOR LAND MANAGEMENT SUBJECT TO ORDINANCE 2014-38, ADOPTED BY THE BOARD ON OCTOBER 28, 2014 Item #16A7 RECORDING THE FINAL PLAT OF BENT CREEK PRESERVE PHASE 2 (PL20140001345), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A8 RECORDING THE FINAL PLAT OF CORSICA AT TALIS PARK, (PL20140001402), APPROVAL OF THE STANDARD FORM Page 242 November 18, 2014 CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A9 RECORDING THE FINAL PLAT OF OYSTER HARBOR AT FIDDLER'S CREEK PHASE 1, (APPLICATION NUMBER PL20140001944) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY— W/STIPULATIONS Item #16A10 CLERK OF COURT'S RELEASE OF PERFORMANCE BOND NO. 929558792 IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.083, (PL20120002276) FOR WORK ASSOCIATED WITH THE DUNES — ASSOCIATED WORK WAS INSPECTED AND THE DEVELOPER HAS FULFILLED COMMITMENTS Item #16A11 FINAL ACCEPTANCE OF WATER AND SEWER UTILITY FACILITIES FOR ACQUA DI TREVISO, PL20120002489, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $38,832.15 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — LOCATED WITHIN Page 243 November 18, 2014 TREVISO BAY Item #16Al2 FINAL ACCEPTANCE OF A PRIVATELY OWNED UTILITY FACILITY FOR GRANADA SHOPPES - CHUCK E. CHEESE, PL#20130001893, AND AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE A UTILITY PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $5,675.25 TO THE PROJECT ENGINEER OR DEVELOPER'S DESIGNATED AGENT — ASSOCIATED WORK RECEIVED STAFF'S PRELIMINARY ACCEPTANCE IN SEPTEMBER, 2013 AND THE DEVELOPER HAS FULFILLED HIS COMMITMENT WITH RESPECT TO THIS SECURITY Item #16A13 PARTIAL RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $12,084.06, FOR PAYMENT OF $2,284.06, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. ANDREW D. CLARKE AND SANDRA ANN JONES, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20130010878, RELATING TO PROPERTY AT 6123 MANCHESTER PLACE, COLLIER COUNTY, FLORIDA — A LIEN FOR POOL CODE VIOLATIONS AT 812 GRAND RAPIDS BLVD; THE PARTIAL RELEASE IS FOR PROPERTY WITH NO CODE VIOLATIONS INHERITED BY ANDREW CLARKE THAT IS CURRENTLY UNDER CONTRACT BUT IS ENCUMBERED BY THE LIEN ON HIS PROPERTY AT 812 GRAND RAPIDS BLVD. Page 244 November 18, 2014 Item #16A14 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $20,612.47, FOR PAYMENT OF $562.47, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JOHN M. FERNER, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20110012778, RELATING TO PROPERTY AT 789 107TH AVENUE N., COLLIER COUNTY, FLORIDA — VIOLATIONS THAT INCLUDE A BROKEN GARAGE DOOR, WINDOWS AND DEGRADED SOFFIT; FOLLOWING FORECLOSURE IN 2012 THE PROPERTY WAS BROUGHT INTO COMPLIANCE BY NATIONSTAR MORTGAGE AND SOLD IN JANUARY, 2014 Item #16A15 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $199,000, FOR PAYMENT OF $54,500, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. NORMAN C. PARTINGTON CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20120003671, RELATING TO PROPERTY AT 5761 GOLDEN GATE PARKWAY, COLLIER COUNTY, FLORIDA — A REQUEST BY DEUTSCHE BANK NAT'L TRUST FOR CODE VIOLATIONS THAT INCLUDED AN UNSECURED PROPERTY, BROKEN WINDOWS AND DAMAGED EXTERIOR DOORS BROUGHT INTO COMPLIANCE SEPTEMBER 5, 2014 FOLLOWING FORECLOSURE Item #16A16 Page 245 November 18, 2014 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $399,000, FOR PAYMENT OF $450.00, IN CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. AMG PROPERTIES, INC., CODE ENFORCEMENT BOARD CASE NO. 2007090454, RELATING TO PROPERTY AT 3831 ARNOLD AVENUE, COLLIER COUNTY, FLORIDA — THE RESULT OF CODE VIOLATIONS THAT INCLUDED NEW CONSTRUCTION AND REMODELING A STEEL FRAME BUILDING WITHOUT THE REQUIRED PERMITS REQUESTED BY THE PRESIDENT OF AMG PROPERTIES, INC., JOSE GARCIA, WHO PURCHASED THE PROPERTY IN 1997 UNAWARE OF PRIOR VIOLATIONS AND HAS SPENT OVER $100,000 TO MEET COMPLIANCE Item #16A17 A MEDIATED SETTLEMENT AGREEMENT FOR PAYMENT OF $125,000 PLUS FEES AND COSTS FOR THE TAKING OF PARCEL 112FEE IN THE CASE STYLED COLLIER COUNTY V. NEW PLAN FLORIDA HOLDINGS, LLC, FOR US41/COLLIER BOULEVARD INTERSECTION IMPROVEMENT PROJECT #60116 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A18 AGREEMENT NO. 4600003150 WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR CONTINUED COLLECTION OF GROUND WATER QUALITY SAMPLES IN COLLIER COUNTY — A TIME PERIOD DECEMBER 1, 2014 THRU NOVEMBER 30, 2015 FOR COUNTY STAFF TO MONITOR AND COLLECT DATA FROM 45 GROUND WATER Page 246 November 18, 2014 SITES TO USE IN THE DEVELOPMENT OF GROUNDWATER MANAGEMENT STRATEGIES FOR BIG CYPRESS BASIN AND INVESTIGATE EFFECTS OF LAND USE ON GROUND WATER; SFWMD WILL REIMBURSE THE COUNTY UP TO $75,000 Item #16A19 RESOLUTION 2014-236: REMOVING 42 TRANSACTIONS FROM THE GROWTH MANAGEMENT DEPARTMENT AND AIRPORT AUTHORITY'S ACTIVE ACCOUNT RECEIVABLES, FINDING FUNDS IN THE AMOUNT OF $3,175.72 ARE NOT COLLECTIBLE AND REQUIRE REMOVAL FROM COUNTY FINANCIAL RECORDS Item #16A20 RESOLUTION 2014-237: AMENDING RESOLUTION 2009-302, RELATING TO THE STEWARDSHIP SENDING AREA WITH THE DESIGNATION "BCI/BCP/SI SSA 13"; APPROVING THE EXTENSION OF CERTAIN DATES TO DECEMBER 15, 2017 IN THE STEWARDSHIP SENDING AREA CREDIT AGREEMENT FOR BCI/BCP/SI SSA 13 AND ESCROW AGREEMENT FOR BCI/BCP/SI SSA 13 Item #16A21 REMOVING VOLUNTEER GROUP NAPLES SAFE DRIVING ACADEMY, A SPONSOR FROM THE ADOPT-A-ROAD PROGRAM FOR A ROADWAY SEGMENT ON AIRPORT ROAD FROM GOLDEN GATE PARKWAY TO RADIO ROAD TO ALLOW THIS PORTION OF ROADWAY TO BE AVAILABLE Page 247 November 18, 2014 FOR ADOPTION — ON OCTOBER 10, 2014 THE GROUP NOTIFIED ROAD MAINTENANCE THAT THEY ARE NO LONGER ABLE TO PARTICIPATE AT THIS TIME Item #16A22 AN ADOPT-A-ROAD AGREEMENT NAME CHANGE TO REPLACE THE EXISTING AGREEMENT WITH LORI YOUNG FLORIDA HOME REALTY WITH THE VOLUNTEER GROUP YOUNG REALTY GROUP FOR A SEGMENT OF ROAD ON AIRPORT PULLING ROAD FROM GOLDEN GATE PARKWAY TO CLUBHOUSE DRIVE AND TWO (2) SIGNS FOR A TOTAL COST OF $60 Item #16A23 AWARD CONTRACT #14-6212, "ANNUAL CONTRACT FOR BRIDGE REPAIRS AND MAINTENANCE" TO QUALITY ENTERPRISES USA, INC. AND WRIGHT CONSTRUCTION GROUP, INC. AND AUTHORIZE THE CHAIRMAN TO EXECUTE STANDARD AGREEMENTS AFTER COUNTY ATTORNEY APPROVAL ON BEHALF OF THE BOARD — FOR A PERIOD OF ONE (1) YEAR WITH (3) ADDITIONAL 1-YEAR RENEWALS AND APPROXIMATE ANNUAL EXPENDITURES OF $500,000 Item #16A24 TWO FULL TIME POSITIONS WITHIN THE GROWTH MANAGEMENT DIVISION'S TRANSPORTATION ENGINEERING DEPARTMENT, WITH THE CLASSIFICATION Page 248 November 18, 2014 TITLE OF INSPECTOR AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT (FISCAL IMPACT: $220,000) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A25 A DONATION OF BETWEEN 10,000-15,000 CUBIC YARDS OF BEACH QUALITY SAND FROM MARCO ISLAND MARRIOTT TO USE IN MARCO ISLAND'S CENTRAL BEACH RE-GRADE PROJECT BETWEEN TIGERTAIL BEACH AND THE MARCO MARRIOTT HOTEL SCHEDULED AFTER NOVEMBER 1, 2015 — MARCO MARRIOTT PLANS TO START A RENOVATION PROJECT BETWEEN MAY AND SEPTEMBER IN 2015 ON THE SOUTH END OF THEIR PROPERTY GENERATING SAND THAT COULD BE USED FOR THE PROJECT ASSUMING THE MATERIAL IS BEACH QUALITY AND SCHEDULES AND PERMITS CAN BE COORDINATED Item #16A26 CHANGE ORDER NO. 2 TO PURCHASE ORDER #45-151465, UNDER CONTRACT #14-6256, WITH ATKINS NORTH AMERICAN, INC., AUTHORIZE EXPENDITURE OF TOURIST DEVELOPMENT CATEGORY "A" TAX FUNDS TO PROVIDE ENGINEER OF RECORD AND CEI SERVICES FOR NAPLES BEACH RENOURISHMENT PROJECT #195-90038 IN THE AMOUNT OF $24,648.68, AUTHORIZE THE NECESSARY BUDGET AMENDMENT AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — BRINGING THE TOTAL CONTRACT AMOUNT TO $129,952.68 Page 249 November 18, 2014 Item #16A27 THE PROPOSAL FROM CB&I COASTAL PLANNING & ENGINEERING DATED OCTOBER 22, 2014 FOR A CREEK FEASIBILITY ANALYSIS, APPROVE A WORK ORDER UNDER CONTRACT #13-6164-CZ IN A NOT TO EXCEED AMOUNT OF $59,807.44, AUTHORIZE NECESSARY BUDGET AMENDMENT AND MAKE A FINDING THIS ITEM PROMOTES TOURISM — TO ANALYZE COASTAL PROCESSES AT COLLIER CREEK'S ENTRANCE TO BIG MARCO/CAPRI PASS TO IDENTIFY PROBLEMS AND POTENTIAL SOLUTIONS WITH THE GOAL OF REDUCING EROSION FORCES CAUSED BY EXISTING CURRENT PATTERNS AND IMPROVING NAVIGATION Item #16A28 A MODIFICATION TO FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) SUBGRANT AGREEMENT HMGP #1785-027-R, TO EXTEND THE COMPLETION DEADLINE TO AUGUST 31, 2015, IN CONNECTION WITH LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP)/CROWN POINTE (LOCH LOUISE WEIR) AND HALDEMAN CREEK WEIR REPLACEMENTS, PROJECT #51101 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A29 AN ADOPT-A-ROAD PROGRAM AGREEMENT WITH VOLUNTEER GROUP MAKARA & ASSOCIATES, LLC. FOR A SEGMENT OF ROAD ON ORANGE BLOSSOM DRIVE FROM GOODLETTE FRANK ROAD TO AIRPORT PULLING ROAD, Page 250 November 18, 2014 AND TWO (2) RECOGNITION SIGNS FOR A COST OF $60.00 Item #16A30 ACKNOWLEDGING AND APPROVING THE "HITS TRIATHLON SERIES" EVENT TAKING PLACE IN COLLIER COUNTY JANUARY 10-11, 2015, INCLUDING ACTIVITIES DURING THE EVENING — PROMOTERS ANTICIPATE OVER 1,000 PARTICIPANTS FOR THE EVENT THAT CONSISTS OF UP TO 2.4 MILES OF SWIMMING, 112 MILES OF CYCLING AND 26.2 MILES OF RUNNING AND MAY LAST AS LATE AS MIDNIGHT TO COMPLETE THE ACTIVITIES Item #16A31 THE PROPOSED LIST OF TENTATIVE LAND DEVELOPMENT CODE AMENDMENTS FOR TWO 2015 LDC AMENDMENT CYCLES — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A32 A LIST OF PROPOSED PROJECTS TO BE SUBMITTED FOR THE FY 2016 SOUTH FLORIDA WATER MANAGEMENT DISTRICT COOPERATIVE FUNDING PROGRAM — FOR STORMWATER, WATER SUPPLY, ALTERNATIVE WATER SUPPLY AND WATER CONSERVATION PROJECT FUNDING SUBJECT TO APPROVAL EVERY YEAR BY THE GOVERNOR AND FLORIDA LEGISLATURE Item #16B1 Page 251 November 18, 2014 BOARD OF COUNTY COMMISSIONERS (BCC) ACTING IN ITS CAPACITY AS COMMUNITY REDEVELOPMENT AGENCY (CRA) BOARD APPROVE A BUDGET AMENDMENT TO THE COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY-IMMOKALEE (CRA) FUND (186) BUDGET THAT REESTABLISHES FUNDING FOR THE CRA'S COMMERCIAL FACADE IMPROVEMENT GRANT PROGRAM IN THE AMOUNT OF $20,000 TO COVER A PREVIOUSLY APPROVED GRANT COMMITMENT — FUNDS WERE TO BE PAID TO IMMOKALEE RESTAURANT KOUNTRY KITCHEN UPON COMPLETION OF IMPROVEMENTS BUT INSTEAD WERE SWEPT INTO PROGRAM RESERVES AT THE END OF THE PRIOR FY BUDGET Item #16B2 CRA RESOLUTION 2014-238: MEMORIALIZING THE CRA'S INTENT TO PARTNER WITH SWFL REGIONAL PLANNING COUNCIL AND GLADES AND HENDRY COUNTIES IN THE APPLICATION FOR THE DESIGNATION OF A FEDERAL RURAL PROMISE ZONE AIMED AT REVITALIZING HIGH- POVERTY COMMUNITIES ACROSS THE COUNTRY BY CREATING JOBS, INCREASING ECONOMIC ACTIVITY, IMPROVING EDUCATIONAL OPPORTUNITIES, REDUCING CRIME, LEVERAGING PRIVATE CAPITAL AND ASSISTING LOCAL LEADERS IN NAVIGATING FEDERAL PROGRAMS Item #16C1 A WORK ORDER UNDER CONTRACT #14-6213-9 WITH QUALITY ENTERPRISES USA, INC. IN THE AMOUNT OF Page 252 November 18, 2014 $549,253.95 FOR THE FIRST PHASE OF LIVINGSTON ROAD FORCE MAIN TECHNICAL SUPPORT PROJECT NO. 70044 — THE PROJECT FROM RADIO TO IMMOKALEE ROAD WILL BE DONE IN PHASES; PHASE 1, KNOWN AS ORCHID RUN PHASE, IS BEING DONE FIRST TO COINCIDE WITH CONSTRUCTION OF THE ORCHID RUN APARTMENTS DIRECTLY ADJACENT TO THIS PART OF THE FORCE MAIN Item #16C2 CONTRACT #13-6064 CHANGE ORDER NO. 1 WITH WOOLPERT, INC., IN THE AMOUNT OF $208,960 AND ADDING 162 DAYS FOR "ASSET MANAGEMENT SOFTWARE AND CONSULTING," PROJECT NO. 50105 Item #16D1 AN AGREEMENT WITH THE AQUATIC BOOSTERS D/B/A SWIM FLORIDA FOR A COMPETITIVE SWIMMING PROGRAM AT GOLDEN GATE AQUATIC CENTER — A TWO YEAR AGREEMENT BETWEEN SWIM FLORIDA AND PARKS AND REC FOR A PROGRAM PROVIDED BY SWIM FLORIDA THAT WILL BE OPEN TO ALL INTERESTED AND QUALIFIED SWIMMERS AND WHO WILL PAY A FEE OF $12.00 PER MONTH FOR EACH PARTICIPANT TO USE THE FACILITY Item #16D2 AGREEMENT #12-5944, AMENDMENT NO. 1 WITH COLLIER COUNTY CHILD ADVOCACY COUNCIL, INC. TO PROVIDE MANDATED SERVICES IDENTIFIED UNDER SECTION Page 253 November 18, 2014 39.304(5), FLORIDA STATUTES — REMOVING CCCAC'S REQUIREMENT TO SEEK REIMBURSEMENT FROM A PARENT, LEGAL GUARDIAN OR LEGAL CUSTODIAN FOR COSTS RELATED TO INITIAL FORENSIC PHYSICAL EXAMS/MEDICAL CONSULTATIONS FOR ALLEGED ABUSED, NEGLECTED, OR ABANDONED CHILDREN, PROHIBITS DIRECT BILLING FOR THE VICTIM AND CLARIFIES LANGUAGE AND PAYMENT DOCUMENTATION Item #16D3 SELECTION COMMITTEE RANKINGS AND NEGOTIATIONS WITH VICTOR J. LATAVISH ARCHITECT, PA FOR CONTRACT #14 -6338, "EAGLE LAKES COMMUNITY PARK POOL DESIGN SERVICES" — FOR DESIGN & ENGINEERING FOR THE CONSTRUCTION OF THE EAGLE LAKES COMMUNITY PARK POOL (PROJECT NO. 80286) Item #16D4 SUBSTANTIAL AMENDMENTS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FY2011-2012, FY2012-2013, FY2013-2014 AND FY2014-2015 ANNUAL ACTION PLANS TO REALLOCATE UNSPENT FUNDS AND APPROVE A $479,000 SUBRECIPIENT AGREEMENT FOR YOUTH HAVEN'S SAFE AND SECURE HOME FOR COLLIER YOUTH PHASE II AND III PROJECT AND AMEND THE SUBRECIPIENTAGREEMENT FOR THE GOODWILL INDUSTRIES MICROENTERPRISE PROGRAM — AS DETAILED IN THE EXECUTIVE SUMMARY Page 254 November 18, 2014 Item #16D5 SUBSTANTIAL AMENDMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FY2014-2015 HUD ANNUAL ACTION PLAN AND APPROVE A SUBRECIPIENT AGREEMENT AMENDMENT INCREASING THE EXISTING AGREEMENT $94,685 FOR A TOTAL OF $175,144 FOR CITY OF NAPLES INTERSECTION IMPROVEMENTS Item #16D6 AMENDMENT #0002 TO THE CRIMINAL JUSTICE, MENTAL HEALTH AND SUBSTANCE ABUSE REINVESTMENT GRANT AGREEMENT WITH THE DEPARTMENT OF CHILDREN AND FAMILIES AND AN ASSOCIATED SUBRECIPIENT AGREEMENT WITH NAMI OF COLLIER COUNTY, INC. TO REFLECT A STAFFING CHANGE TO SUPPORT A .75 PEER COUNSELOR POSITION PROVIDED BY NAMI OF COLLIER COUNTY AND TO ADD STATE AND FEDERAL LAWS, RULES AND REGULATIONS Item #16D7 COLLIER AREA TRANSIT'S BUS STOP AMERICANS WITH DISABILITIES ACT ASSESSMENT — TINDALE OLIVER AND ASSOCIATES CONDUCTED AN INVENTORY AND ASSESSED BUS STOPS IN COLLIER COUNTY TO EVALUATE MOBILITY BARRIERS AND COMPLETED AN IMPLEMENTATION AND FINANCIAL PLAN WITH IMPROVEMENT COSTS ESTIMATED AT $3,538,200 THAT WILL BE USED BY STAFF AS A GUIDE Page 255 November 18, 2014 FOR PLANNING BUS STOP AND FACILITY IMPROVEMENTS Item #16D8 FOURTH AMENDMENT TO AGREEMENT WITH IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT ASSISTANCE PROJECT TO EXTEND THE COMPLETION DATE AND UPDATE REIMBURSEMENT LANGUAGE — AMENDING THE IMMOKALEE BUSINESS DEVELOPMENT CENTER (IBDC) PROJECT TO EXTEND THE NOVEMBER 30, 2014 COMPLETION DATE TO MAY 31, 2015 AND UPDATE THE TERMS OF REIMBURSEMENT Item #16D9 AWARDING INVITATION TO BID (ITB) #15-6360 FOR FITNESS EQUIPMENT REPAIR AND PURCHASE TO TROPIC GYM TECH, LLC. Item #16D10 COLLIER COUNTY UNIVERSITY EXTENSION DEPARTMENT REQUEST FOR FUNDING FROM THE COLLIER COUNTY 4-H ASSOCIATION IN THE AMOUNT OF $82,000; APPROVE SUBSEQUENT ACCEPTANCE OF REQUESTED FUNDS; AUTHORIZE THE CHAIRMAN TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE 4-H ASSOCIATION; AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT Item #16D11 Page 256 November 18, 2014 BUDGET AMENDMENTS TO REFLECT ESTIMATED FUNDING FOR THE CALENDAR YEAR 2015 OLDER AMERICANS ACT PROGRAMS (FISCAL IMPACT: $807,677) Item #16D12 RECOGNIZING CARRY FORWARD FROM ACCRUED INTEREST IN THE AMOUNT OF $388. 17 FROM STATE AID TO LIBRARY GRANTS REVENUE AND APPROPRIATING FUNDS FOR EXPENDITURE ON LIBRARY MATERIALS, SERVICES AND EQUIPMENT Item #16D13 A CRIMINAL JUSTICE MENTAL HEALTH & SUBSTANCE ABUSE REINVESTMENT GRANT MEMORANDUM OF UNDERSTANDING WITH SEVERAL COMMUNITY PARTNERS TO MEET A GRANTOR COMPLIANCE REQUIREMENT — AN MOU TO MAINTAIN COMPLIANCE WITH DEPARTMENT OF CHILDREN AND FAMILIES (DCF) BETWEEN COLLIER COUNTY, SHERIFF'S OFFICE/CORIZON, DAVID LAWRENCE CENTER, NAMI OF COLLIER COUNTY AND HUNGER AND HOMELESS COALITION OF COLLIER COUNTY TO OUTLINE PLANNING STRATEGIES AND IDENTIFY HOUSING ALTERNATIVES FOR THOSE AT RISK OF MENTAL ILLNESS & SUBSTANCE ABUSE Item #16E1 RECOGNIZING AND APPROPRIATING FP&L REBATES AND Page 257 November 18, 2014 VENDOR REIMBURSEMENTS FOR AIR CONDITIONER MAINTENANCE PROJECTS (52162) WITHIN COUNTY-WIDE CAPITAL PROJECTS FUND (301) — APPROPRIATING REVENUE IN THE AMOUNT OF $186,211.24 Item #16E2 AWARD ITB #14-6350 "PLUMBING CONTRACTORS" TO BC PLUMBING SERVICE OF SOUTHWEST FLORIDA, INC. AS PRIMARY VENDOR AND SHAMROCK PLUMBING AND MECHANICAL, INC. AS SECONDARY VENDOR FOR PLUMBING SERVICES AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACTS Item #16E3 RATIFY PROPERTY, CASUALTY, WORKER COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIRECTOR PURSUANT TO RESOLUTION #04-15 FOR FY 14 FOURTH QUARTER — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E4 RECOGNIZING CARRY-FORWARD FOR ACCRUED INTEREST EARNED BY EMS COUNTY GRANT REVENUE AND APPROPRIATING FUNDS IN THE AMOUNT OF $47.71 Item #16E5 AWARD BID #14-6253, COMMUNICATION SERVICES, TO Page 258 November 18, 2014 AZTEK COMMUNICATION OF SOUTH FLORIDA, INC. Item #16E6 FOUR (4) FIRST FLORIDA INTEGRITY BANK AGREEMENTS FOR CONTRACT #2014-001, MASTER BANKING SERVICES, ACCEPT THE ELECTRONIC BANKING TERMS AND CONDITIONS AGREEMENT, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THESE COUNTY ATTORNEY REVIEWED DOCUMENTS Item #16E7 AMENDMENT #3 TO A LEASE AGREEMENT WITH NAPLES ZOO, INC. REDEFINING THE LEASED AREA TO INCLUDE AN EXPANDED 8.5 ACRE PRIMARY PARKING AREA Item #16E8 SECOND AMENDMENT TO A LICENSE AGREEMENT WITH SUMMIT BROADBAND, INC. TO ADD AN AREA FOR THE LICENSEE'S PERMANENT GENERATOR Item #16E9 STANDARD DONATION AGREEMENT TO ALLOW GREEN PALM INVESTMENTS, INC. TO DONATE A 1. 14 ACRE PARCEL ALONG WITH A MANAGEMENT ENDOWMENT OF $4,020 TO CONSERVATION COLLIER LAND ACQUISITION PROGRAM UNDER THE OFFSITE VEGETATION RETENTION PROVISION OF LDC SEC 3.05.07H. 1 .F.III.B, AT NO COST TO Page 259 November 18, 2014 THE COUNTY, AND AUTHORIZE THE CHAIRMAN TO SIGN THE DONATION AGREEMENT AND STAFF TO TAKE ALL NECESSARY ACTIONS TO CLOSE (COMPANION TO #16A6) Item #16E10 THE PAYMENT OF TWO INVOICES FROM COVER ALL, INC. D/B/A RON'S JONS PORTA POTTY RENTAL FOR PAINTING SERVICES AT VETERAN'S COMMUNITY PARK AND EAST NAPLES COMMUNITY PARK Item #16E11 ACCEPT REPORTS AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS — FOR THE PERIOD SEPTEMBER 29, 2014 TO OCTOBER 30, 2014 Item #16F1 RESOLUTION 2014-239: APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Item #16F2 ACCEPTING FIVE FLORIDA SPORTS FOUNDATION GRANT AWARDS TOTALING $25,200, TO SUPPORT SPORTS TOURISM EVENTS, AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS, AUTHORIZE CHAIRMAN TO EXECUTE, AND MAKE A FINDING THIS ITEM PROMOTES TOURISM Page 260 November 18, 2014 Item #16F3 AGREEMENT BETWEEN FOOTBALL UNIVERSITY, INC. AND COLLIER COUNTY IN SUPPORT OF NATIONAL FBU YOUTH FOOTBALL CHAMPIONSHIPS DECEMBER 2014, AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT AND MAKE A FINDING THE EXPENDITURE PROMOTES TOURISM Item #16F4 AMENDMENT 2 TO THE TEMPORARY USE AGREEMENT WITH KRAFT OFFICE CENTER, LLC, EXTENDING THE LEASE TO DECEMBER 15, 2014, FOR CONTINUED NO COST USE OF FURNISHED OFFICE SPACE FOR INITIAL IMPLEMENTATION OF THE SOFT LANDING BUSINESS ACCELERATOR PROJECT — FOR USE OF APPROXIMATELY 800 SQ FT WITHIN SUITE 204, 3530 KRAFT ROAD, NAPLES Item #16H1 RESOLUTION 2014-240: REAPPOINTING JOEL ANTHONY DAVIS AND RONALD GILMER GILBERT TO THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE TO TERMS EXPIRING DECEMBER 31, 2016 Item #16H2 RESOLUTION 2014-241 : APPOINTING CYNTHIA LOZANO AND MARVIN COURTRIGHT TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY TO FULFILL Page 261 November 18, 2014 VACANT TERMS THAT WILL EXPIRE APRIL 4, 2017 (NOTING AND CORRECTING AN AGENDA MISPRINT ON THE AGENDA CHANGE SHEET FOR MS. LOZANO'S ADDRESS: FROM 617 WESTON ROAD, IMMOKALEE TO 617 WESTON ROAD, LEHIGH ACRES, FL 33936 Item #16H3 RESOLUTION 2014-242: REAPPPOINTING WILLIAM A. DEYO TO THE IMMOKALEE BEAUTIFICATION MSTU ADVISORY COMMITTEE TO A TERM EXPIRING SEPTEMBER 23, 2018 Item #16H4 RESOLUTION 2014-243: APPOINTING REBECCA GIBSON- LAEMEL (TO FULFILL REMAINDER OF A TERM EXPIRING DECEMBER 31, 2015) AND REAPPOINTING EDWARD "SKI" OLESKY, PHILLIP E. BROUGHAM AND MARY J. BILLS TO THE PARKS AND RECREATION ADVISORY BOARD TO TERMS EXPIRING DECEMBER 31, 2018 Item #16H5 RESOLUTION 2014-244: REAPPOINTING RUSSELL D. RAINEY, II, (CERT RESPRESENTATIVE) TO COLLIER COUNTY CITIZENS CORPS TO A TERM EXPIRING NOVEMBER 5, 2018 Item #16H6 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING Page 262 November 18, 2014 ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE NAPLES PRESS CLUB LUNCHEON ON OCTOBER 23, 2014. THE SUM OF $25 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT NAPLES HILTON, 5111 TAMIAMI TRAIL NORTH Item #16H7 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED THE EAST NAPLES CIVIC ASSOCIATION LUNCHEON ON OCTOBER 16, 2014. THE SUM OF $18 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET — HELD AT HAMILTON HARBOR YACT CLUB, 7065 HAMILTON AVENUE, NAPLES Item #16H8 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED LUNCH ON NOVEMBER 3, 2014 WITH JULIE CERACH AND SUSAN LAWSON TO DISCUSS A SPEECH FOR A FUTURE LUNCHEON. THE SUM OF $12.02 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16H9 COMMISSIONER FIALA'S REIMBURSEMENT REGARDING ATTENDANCE AT A FUNCTION SERVING A VALID PUBLIC PURPOSE. SHE ATTENDED LUNCH ON OCTOBER 17, 2014 WITH PHIL BROUGHAM TO DISCUSS FIDDLER'S CREEK Page 263 November 18, 2014 AND FIRE SERVICES. THE SUM OF $18.50 TO BE PAID FROM COMMISSIONER FIALA'S TRAVEL BUDGET Item #16J1 A BUDGET AMENDMENT RECOGNIZING FEDERAL HHS VOTE PROGRAM GRANT AWARD 2010 FUNDS FOR VOTING ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES IN THE AMOUNT OF $8,616.34 Item #16J2 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF OCTOBER 23, 2014 THROUGH OCTOBER 29, 2013 Item #16J3 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF OCTOBER 30, 2014 THROUGH NOVEMBER 5, 2014 Item #16J4 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF NOVEMBER 6, 2014 THROUGH NOVEMBER 12, 2014 Page 264 November 18, 2014 Item #16K1 COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AGAINST WALSH TRUCKING, INC., AND STEVEN F. AMES, IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, TO RECOVER DAMAGES IN THE AMOUNT OF $19,657.50, PLUS COSTS OF THE LITIGATION — FOR AN ACCIDENT ON DECEMBER 27, 2012 ON COLLIER BOULEVARD AT THE GRAND LELY DRIVE INTERSECTION THAT INVOLVED MR. AMES, WHO LOST CONTROL OF A TRUCK OWNED BY WALSH TRUCKING, COLLIDING WITH TWO CARS THAT FLIPPED THE TRUCK ONTO ITS SIDE SPILLING A LARGE AMOUNT OF SAND AND DIESEL FUEL THAT REQUIRED A HAZARD CLEAN UP AND DAMAGED ASPHALT ON THE ROAD Item #16K2 COUNTY ATTORNEY TO FILE A LAWSUIT ON BEHALF OF COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AGAINST MARK MERRING IN THE COUNTY COURT IN THE TWENTIETH JUDICIAL CIRCUIT, COLLIER COUNTY, FLORIDA TO RECOVER DAMAGES FOR COSTS OF REPAIR AND REPLACEMENT OF A STREET LIGHT IN THE AMOUNT OF $4,254.92, PLUS THE COSTS OF LITIGATION — FOR AN ACCIDENT AUGUST 27, 2013 WHEN A VEHICLE OWNED AND OPERATED BY MR. MERRING WAS TRAVELING WEST ON DAVIS BOULEVARD WHEN HE LOST CONTROL AND STRUCK AND DAMAGED A STREET LIGHT OWNED AND Page 265 November 18, 2014 MAINTAINED BY COLLIER COUNTY Item #16K3 DIRECT THE COUNTY ATTORNEY TO PURSUE AN APPEAL IN THE CASE ENTITLED PENNY PHILLIPPI V. COLLIER COUNTY, CASE NO. 14-416-CA — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K4 A SETTLEMENT AGREEMENT FOR A SUM OF $69,000 AND DIRECTING THE COUNTY ATTORNEY TO FILE ALL DOCUMENTS NECESSARY TO END WITH PREJUDICE THE LAWSUIT STYLED EVELYN PRIETO V. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, CASE NO. 2: 13-CV- 00489-SPC-CM, NOW PENDING IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION — A LAWSUIT FILED BY A FORMER EMPLOYEE WHO ALLEGED HER FIRST AMENDMENT RIGHTS HAD BEEN VIOLATED Item #16K5 REJECTING A WRITTEN SETTLEMENT OFFER PRESENTED BY PLAINTIFF SUSANNA CAPASSO IN A LAWSUIT STYLED SUSANNA CAPASSO V. COLLIER COUNTY (CASE NO. 2: 12- CV-499-FTM-99DNF) NOW PENDING IN THE UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION AND DIRECT THE COUNTY ATTORNEY TO PROCEED WITH DEFENSE OF THE LAWSUIT THAT IS Page 266 November 18, 2014 CURRENTLY SCHEDULED FOR TRIAL IN DECEMBER, 2014 — REJECTING A $300,000 SETTLEMENT OFFER ON A LAWSUIT FILED BY A FORMER EMPLOYEE WITH ALLEGED CLAIMS OF DISCRIMINATION AND RETALIATION Item #16K6 REJECTING THE SETTLEMENT OFFER PRESENTED BY PLAINTIFF DON EDWARDS IN THE LAWSUIT STYLED DON EDWARDS V. COLLIER COUNTY (CASE NO. 09-611-CA) NOW PENDING IN CIRCUIT COURT IN COLLIER COUNTY AND TO DIRECT THE COUNTY ATTORNEY TO PROCEED WITH THE DEFENSE OF THE LAWSUIT CURRENTLY SCHEDULED FOR TRIAL IN DECEMBER, 2014 — REJECTING A $90,000 OFFER FROM A FORMER PUBLIC UTILITIES WASTEWATER OPERATIONS EMPLOYEE THAT WAS TERMINATED IN 2009 FOR MULTIPLE REASONS Item #16K7 SETTLEMENT AGREEMENT REACHED AT MEDIATION IN THE CASE STYLED COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS V. THE KIRK FAMILY TRUST, AND LAS BRISAS NEIGHBORHOOD ASSOCIATION, INC., REQUIRING DEFENDANTS TO COLLECTIVELY REIMBURSE THE COUNTY FOR THE FULL AMOUNT OF DAMAGES TOTALING $33,333 — A SECTION OF THE COUNTY SEWER SYSTEM WAS DAMAGED BY SAND THAT INFILTRATED A RESIDENTIAL SEWER LINE AND STEMMED FROM A TREE ROOT ON THE PROPERTY THAT LEAD TO THE SEWER'S BLOCKAGE Page 267 November 18, 2014 Item #17A RESOLUTION 2014-245: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO FY 2014-15 ADOPTED BUDGET There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:43 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TOM HE t CHAIRMAN ATTEST: DWIGHT 1 BPPOCK, CLERK NA' I � `' as' ha rman's J on1R OflULt(9 The se minutes } ved by the Board on 29t5 as presented or as corrected Transcript prepared on behalf of Gregory Court Reporting, Incorporated by Cherie' R. Nottingham, CSR. Page 268