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BCC Minutes 03/24/2015 R BCC REGULAR MEETING MINUTES March 24, 2015 March 24, 2015 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida March 24, 2015 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Tim Nance Donna Fiala Penny Taylor Georgia Hiller Tom Henning ALSO PRESENT: Leo Ochs, County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Nick Casalanguida, Deputy County Manager Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority off. r ftralso. ril AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 March 24, 2015 9:00 AM Commissioner Tim Nance, District 5 — BCC Chair Commissioner Donna Fiala, District 1 — BCC Vice-Chair; CRA Chair Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair Commissioner Tom Henning, District 3 — PSCC Chair Commissioner Penny Taylor, District 4 — TDC Chair; CRA Vice-Chair 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 March 24, 2015 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. Pastor Jim Thomas — East Naples United Methodist Church 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. February 24, 2015 - BCC/Regular Meeting C. March 3, 2015 — BCC/Affordable Housing Workshop 3. SERVICE AWARDS Page 2 March 24, 2015 4. PROCLAMATIONS A. Proclamation designating April 2015 as Children's Advocacy Center month. To be accepted by representatives from the Children's Advocacy Center of Collier County: Jackie Stephens, CEO; Kerry Geroy, Board Chair; Bryan Lee, Director of Development; and Beth Sterchi, staff member. 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request from Alyssa Cameron, on behalf of the Ave Maria Stewardship Community District, requesting that the Board designates District roadways for golf cart use. 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 Items #8 and#9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 9:30 a.m. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2000-88, the Cocohatchee Bay Residential Planned Unit Development, as amended by settlement agreement dated June 9, 2008, by increasing the permissible number of dwelling units from 590 to 652; by increasing the development area; by amending Ordinance Number 2004-41, the Collier County Land Development Code, to amend the appropriate zoning atlas map or maps by changing the zoning classification of an additional 93.52+ acres of land zoned Residential Single Family (RSF-3) and Residential Single Family with a Special Treatment Overlay (RSF-3-ST) to the Cocohatchee Bay RPUD, being added thereto as preservation lands; by removing the Golf Page 3 March 24, 2015 Course "GC" tract and replacing with Residential "R2" tract; by changing the residential development area to Residential "R1" and "R2" development tracts to allow high-rise, low-rise and single-story multi-family dwellings in "R1" and single family detached dwellings in "R2"; by creating an Amenity/Recreation "AR" tract; by allowing recreational amenities to be available to residents, club members and their guests; by adding deviations; by restricting placement of docks to within the water management lakes located within the RPUD; by adding a private road cross section; by adding a Sidewalk Master Plan; by revising the Development Standards; by amending the Master Plan; by revising Developer Commitments; and by providing an effective date. The property is located on the northwest and northeast corners of Wiggins Pass Road and Vanderbilt Drive in Sections 8, 16, 17 and 20, Township 48 South, Range 25 East, Collier County, Florida, consisting of 625.61± acres. [Petition PUDZ-PL20130001813] (This is a companion to Item #12A and is to be heard concurrently with that item.) 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to reconstitute the Collier County Hispanic Affairs Advisory Board and direct the County Attorney to bring back an enabling ordinance. (Commissioner Fiala) B. Recommendation to approve the proposed Capital Investment for Diversification Incentive (CID) Program. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT A. Recommendation to approve the purchase of property insurance effective April 1, 2015 in the estimated amount of$3,027,599, a reduction of $281,449. (Jeff Walker, Risk Management Division Director) 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 9:30 a.m. Recommendation that the Board of County Commissioners consider the amendment to Settlement Agreement and Release proposed by Lodge/Abbott Associates, LLC and Lodge/Abbott Investments Associates LLC (owners of the Cocohatchee Bay Planned Unit Development) to allow the Cocohatchee Planned Unit Development to be amended. (This is a companion to Item #9A and is to be heard concurrently with that item.) Page 4 March 24, 2015 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to comply with the Department of Housing and Urban Development (HUD) and Community and Human Services Division (CHS) determinations to reimburse federal funds in the amount of$268,901.37 for Community Development Block Grant (CDBG) projects sub-awarded to support the work of the Immokalee Business Development Center (IBDC), authorize the transfer of necessary funds with the requisite budget amendments, and to waive Resolution 2013-228. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water utility facility for Culvers Naples Airport Road, PL20130001819, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$7,650.38 to the Project Engineer or the Developer's designated agent. 2) Recommendation to authorize the Clerk of Courts to release Performance Bond No. 40094491 in the amount of$97,500 which was posted as a guaranty for Excavation Permit Number 60.081, (PL20120000747) for work associated with Camden Lakes. Page 5 March 24, 2015 3) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$12,030 which was posted as a development guaranty for work associated with Freedom Suites Site Development Plan, Early Work Authorization (EWA) PL20130000663. 4) 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 Parklands - Plat One, (Application Number PL20140001253) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) 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 Golf Club of the Everglades Phase 1, (Application Number PL20140001653) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 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 Tuscany Pointe 2, (Application Number PL20140001338) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) Recommendation to award Invitation to Bid (ITB) #15-6369, Airport Road (US41 East to Cougar Drive) Maintenance to Florida Land Maintenance, Inc. 8) Recommendation to approve a Resolution authorizing the Chairman to execute a revised Local Agency Program Agreement with Florida Department of Transportation in place of a prior version originally approved by the Board on May 27, 2014, wherein Collier County will be reimbursed up to $400,000 for the installation of advance intersection signs at various urban county sites. Page 6 March 24, 2015 9) Recommendation to approve and authorize the Chairman to execute a funding assistance letter to the United States Army Corps of Engineers (USACE) for shoreline protection within Collier County. 10) Recommendation to approve the First Amendment to an Interlocal Agreement between the District School Board of Collier County and Collier County, to extend the deadline for a traffic study for Elementary School L within Collier County. 11) Recommendation to award ITB #15-6394 for the Traffic Signal Upgrade at the intersection of Golden Gate Parkway and 44th Street SW to OnPower Services, LLC, in the amount of$297,391.85 for Project #60172. 12) Recommendation to award ITB #15-6393 for the Traffic Signal Upgrade at the intersection of Golden Gate Parkway and Tropicana Boulevard to Highway Safety Devices, Inc., in the amount of $479,967.30 for Project #60172. 13) Recommendation to approve the release of a Code Enforcement lien with an accrued value of$66,977.18, for payment of$677.18, in the Code Enforcement action entitled Board of County Commissioners v. Ebed Guadarrama and Irma Guadarrama, Special Magistrate Case No. CESD20130004682, relating to property located at 831 Everglades Blvd. N., Collier County, Florida. 14) Recommendation to approve partial release of 55 Code Enforcement liens with a combined accrued value of$10,108.85 for payment of $1,091.21, in the Code Enforcement actions entitled Board of County Commissioners vs. Capri International, Inc., Special Magistrate Case Nos. CENA20120012920, CENA20120012922, CENA20120012918, CENA20130003493, CENA20130003492, CENA20130003495, CENA20130007036, CENA20130007231, CENA20130007218 and CENA20130007230, relating to property known as 1410 Marion Lane, Collier County, Florida. 15) Recommendation to approve three releases of Code Enforcement liens with a combined accrued value of$531,150 for payment of$450, in Code Enforcement actions entitled Board of County Commissioners v. Palm Lake, LLC., Code Enforcement Special Magistrate Case No. Page 7 March 24, 2015 CEPM20090017229 and Code Enforcement Board Case Nos. CENA20100002928 and CEV20100003082, relating to property located at 3131 Tamiami Trail East, Collier County, Florida. 16) Recommendation to approve and authorize the Chairman to sign a Second Amendment to the Joint Participation Agreement between the Florida Department of Transportation and Collier County to receive reimbursement for construction services on the FDOT resurfacing project on SR951 from Fiddler's Creek Parkway to South of SR90, along with the County's US-41 and SR/CR-951 intersection project; to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment; Project No. 60116. 17) Recommendation to approve a Resolution authorizing the Chairman to execute a revised Local Agency Program Agreement with Florida Department of Transportation, in place of the prior version originally approved by the Board on September 9, 2014, wherein Collier County will be reimbursed up to $491,322 for the construction of various sidewalks in Golden Gate City (20th Ct. SW, 46th Ten. SW and 48th St. SW). The primary revision changes the gran expiration and construction completion date from December 31, 2017 to November 22, 2016, with no change in the amount of the grant award. 18) Recommendation to enter into a "Deposit Account Agreement" with the Collier County Clerk of Courts (Clerk) to establish and maintain a deposit account used for payment to record Notices of Commencement by the Clerk that have been electronically forwarded by Collier County Growth Management Department staff as a convenience to its building permit customers. 19) Recommendation to approve an amendment to a Promotional Fund Grant Award Agreement, modifying completion date to October 31, 2015 for the County's construction of artificial reefs and authorize the Chairman to sign the amended Agreement. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve a $340,537 work order to Quality Page 8 March 24, 2015 Enterprises USA, Inc., under Request for Quotation #14-6213-21 for Underground Utility Contracting Services for the Wastewater Pump Station 104.05 Rehabilitation Project, Project Number 70046. 2) Recommendation to approve a $468,196 work order to Douglas N. Higgins, Inc., under Request for Quotation #14-6213-22 for Underground Utility Contracting Services for the Wastewater Pump Station 151.00 Rehabilitation Project, Project Number 70046; and, authorize the necessary budget amendment. 3) Recommendation to approve a $495,140.95 work order to Quality Enterprises USA, Inc., under Request for Quotation #14-6213-23 for Underground Utility Contracting Services for the Wastewater Pump Station 147.00 Rehabilitation Project, Project Number 70046; and, authorize the necessary budget amendment. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve a budget amendment recognizing recovery of County funds in connection with a claim involving a Collier Area Transit bus shelter. 2) Recommendation to authorize the Chairman to execute a revised Federal Transit Administration Section 5339 FY2013/2014 application for Federal Assistance and transmittal to the Florida Department of Transportation (FDOT). 3) Recommendation to authorize execution of the 2013/2014 Federal Highway Administration Flexible Funds grant award for the purchase and installation of bus shelters in the amount of$294,000 and appropriate a budget amendment. 4) Recommendation to authorize execution of the 2014/2015 Federal Highway Administration Flexible Funds grant award for the purchase and installation of bus shelters in the amount of$287,124 and appropriate a budget amendment. 5) Recommendation to approve a standard Donation Agreement that allows Marco A. Espinar to donate a 2.26 acre parcel along with a management endowment of$8,802.70 to the Conservation Collier Page 9 March 24, 2015 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. 6) Recommendation to approve a Budget Amendment recognizing $29,128.43 of State Housing Initiative Partnership Program (SHIP) program income for Fiscal Year 2013/2014. 7) Recommendation to approve a substantial amendment to the FY2013-2014 and FY2014-2015 U.S. Department of Housing and Urban Development Annual Action Plans authorizing Community and Human Services staff to administer a rental assistance program to prevent homelessness using Emergency Solutions Grant funds in the amount of$96,226 and approve necessary budget amendments 8) This item continued from the March 10, 2015 BCC Meeting. Recommendation to approve a resolution authorizing the submittal of an after-the-fact grant application for $516,816 to fund the expansion of the Immokalee Sports Complex Fitness Center through the FY2015-2016 Housing and Urban Development (HUD) Community Development Block Grant (CDBG). E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to correct a scrivener's error for requesting the first year tax levy for the Fiddler's Creek Municipal Rescue and Fire Services MSTU, which should have read "2015 tax year" rather than "2016 tax year". 2) Recommendation to approve an Interlocal Agreement between Collier County and the Sheriff of Broward County, Department of Fire Rescue and Emergency Services for mutual aid services. 3) Recommendation to award RFP #14-6307, "Annual Contract for General Contractors Services" to the following firms: Bradanna, Inc., Surety Construction Company, Wright Construction Group, Inc., PBS Contractors, and Compass Construction, Inc. 4) Recommendation to remove the Goodland Fire District MSTU from Page 10 March 24, 2015 consideration for alternative provision of fire service. F. COUNTY MANAGER OPERATIONS 1) This item continued from the March 10, 2015 BCC Meeting. Recommendation to approve Tourist Development Tax Category "B" funding to support the Pro Watercross World Championships September 19-28, 2015, authorize the Chairman to execute the agreement and make a finding that this expenditure promotes tourism. 2) Recommendation to adopt a resolution amending and restating Resolution No. 2015-36 in support of Prospect #15-011, as a Qualified Applicant to Florida's Qualified Target Industries (QTI) Tax Refund Program, providing up to $48,000 of local financial support for an expansion of an existing business management firm in Collier County that will create 40 new quality jobs, and approve any budget amendments necessary to process this transaction. 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2014-15 Adopted Budget. 4) Recommendation to approve a budget amendment transferring $200,000 from Pelican Bay Services Division MSTBU Fund 109 Reserves to the Beautification Cost Center for additional tree trimming services. G. AIRPORT AUTHORITY 1) Recommendation to approve and execute a First Amendment to a Commercial Aviation Operations License Agreement between the Collier County Airport Authority and Career Flight Training and Aircraft Rental, Inc., at the Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint one member to the Collier County Public Safety Authority. 2) Recommendation to appoint one member to the Forest Lakes Page 11 March 24, 2015 Roadway and Drainage Advisory Committee. 3) Recommendation to appoint two members to the Industrial Development Authority. 4) Recommendation to appoint seven members to the Immokalee Enterprise Zone Development Agency. 5) Recommendation to approve a Resolution for the Collier County Board of County Commissioners to request that the Florida Legislature support the funding request for the University of Florida Institute of Food and Agricultural Sciences Extension Services and Research and Education Centers, in support of local, regional, and statewide economic development and agribusiness industry, and to deliver the resolution to the Collier County Legislative Delegation and other elected state officials. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of March 5 through March 11, 2015. 2) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of March 12 through March 18, 2015. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount of$14,000 for Parcel 232DAME in the lawsuit styled Collier County v. John Lespade, et al., Case No. 14-CA-2316 (LASIP Project No. 51101 — Crews Road, Cope Lane and Sandy Lane/Wing South Interconnect). (Fiscal Impact: $7,270.) 2) Recommendation to approve tentative Settlement Agreements, in the case styled Collier County v. Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramirez, which require Page 12 March 24, 2015 Defendants to collectively reimburse the County for the full amount of damages, plus administrative costs, totaling $26,800. 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20140002643 to disclaim, renounce and vacate the County and the public interest in a portion of the 20-foot utility and drainage easement running through the back yard of Lot 10, Riviera Colony Golf Estates, Unit IV, as recorded in Plat Book 17, pages 88 and 89 of the public records of Collier County, Florida, located in Section 18, Township 50 South, Range 26 East, Collier County, Florida. B. Recommendation to adopt an Ordinance amending Ordinance No. 89-11, adding criteria specifically for "Key Island" to provide for consistency in activities allowable by local law and Florida Administrative Code. C. 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 13 March 24, 2015 March 24, 2015 MR. OCHS: Mr. Chair -- CHAIRMAN NANCE: Good morning, ladies and gentlemen. Welcome to the Board of County Commissioners regular meeting of March 24th. I would ask you in order to allow us to have a nice orderly meeting, that you silence all your cell phones at this time and other electronic devices so we don't have a cascade of various music and jingles. The invocation this morning is going to be presented by Pastor Jim Thomas of the East Naples United Methodist Church. At this time I would ask you to please rise and remain standing for the pledge, which will be led this morning by Commissioner Henning. Item #1A INVOCATION BY PASTOR JIM THOMAS FROM EAST NAPLES UNITED METHODIST CHURCH — INVOCATION GIVEN MR. THOMAS: May we pray. Dear Heavenly Father: We come this morning asking for help from the Spirit as we offer our prayer. Father, we pray as we come here together for personal issues, personal disagreements to be put aside so that what is good for the people can be done. We pray, Lord, for vision, to allow us to see where it is you would have us to go. So often, Father, we want to headlight down the highway, but what you've promised us is a lamp unto our feet and a light unto our path so that we can find -- see the next step that we need to take in order to do your will. Guide and direct us in this as we ask your guidance and direction in all things, Lord. We pray this humbly in your name, amen. (Pledge of Allegiance was recited in unison.) Page 2 March 24, 2015 CHAIRMAN NANCE: Thank you. Before I ask Mr. Ochs to carry us through the agenda and any changes there might be this morning, I would like to remind you that if you plan on speaking on any item, and if you plan on speaking on Items 9.A or 12.A, that you need to fill out a speaker slip in order to be able to give your testimony and comments and present them to Mr. Miller over here. So please do that. That must be completed before the agenda item starts, which is, of course, a time certain at 9:30 this morning. At this time, I'll ask Mr. Ochs to lead us through the agenda, sir, please. 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: Sir, good morning, Mr. Chairman, Commissioners. These are your proposed agenda changes for the Board of County Commissioners meeting of March 24th, 2015. The first proposed change relates to Item 16.E.3 on your consent agenda. This is a recommendation to continue the award of that RFP for annual contract for general contractor services; extend the current contract through June 30th, 2015, or sooner, if we can get to the Board with a new award prior to that date. And that is made at staffs request. We have one agenda note this morning, Commissioners, with respect to Item 16.A.5 on your growth management consent agenda. This is a recording of a final plat for the Club of the Everglades. In Page 3 March 24, 2015 light of the recent merger of the East Naples and Golden Gate Fire Control districts, we are asking to authorize the County Manager to administratively update Dedication No. 4, or the plat which had the old reference to East Naples Fire Control and Rescue District and amend that to read: The Greater Naples Fire Rescue District, prior to recording of that plat. We have, as the chairman stated, two time certain items on today's agenda, Commissioners. Item 9.A and Item 12.A will be heard concurrently at 9:30 a.m. And Item 10.A will be heard at 1 :00 p.m. Just a reminder for the Commission and the audience, we have scheduled court reporter breaks at 10:30 and again in the afternoon if necessary. Those are all the changes I have, Mr. Chairman. CHAIRMAN NANCE: All right. We'll proceed to staff and Board additional changes. Mr. Klatzkow, I believe you indicated you had a change, sir? MR. KLATZKOW: Yes. Just a couple of minutes ago I received a resignation from one of your members at the Immokalee Enterprise Zone Agency. She was listed as a re-appointee on Item 16.H.4. Accordingly, I would ask that her name be struck from this executive summary. CHAIRMAN NANCE: Thank you, sir. At this time, we will go to board members for any additional changes that they might have and their ex parte disclosure on today's agenda. Commissioner Taylor? COMMISSIONER TAYLOR: No changes to the agenda. Under 9.A I have had numerous meetings, numerous correspondence, both written and with email, emails and calls regarding this item. I believe that's all I have. No other disclosures at all under ex Page 4 March 24, 2015 parte. CHAIRMAN NANCE: Thank you. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you very much. And good morning, everyone. MR. OCHS: Commissioner -- excuse me. Ma'am, could you bring your microphone a little closer? COMMISSIONER FIALA: Yeah. You'd think my voice was loud enough. Okay. For this morning I have no changes, no corrections, no additions to our regular or consent agenda. On the consent agenda, I'm not going to read anything under 9.A, because we'll be discussing our ex parte at that time, but on the consent agenda, I have 16.A.5, which is Golf Club of the Everglades, and I've had some meetings on that. And on -- oh, my goodness, that is it for me. CHAIRMAN NANCE: Thank you. I have no further changes to today's agenda as far as ex parte on today's public hearing. I've had numerous meetings, correspondence, multiple letters, emails, phone calls and discussions with staff on this item. I would like to make two comments on items on today's consent agenda, because I think they're very, very good. One of them is a supplemental resolution supporting the University of Florida and IFAS's budget, which if the resolution passes today as I expect it to it will be presented to Commissioners Fiala and Hiller to carry with them. This is really an item that's in support of Dr. Payne and Dr. Place at the University of Florida for their recent engagement in their economic development efforts and all the supports that we're getting and synergy we're building with the University of Florida. And second is Item 16.A.16, which is additional monies which Page 5 March 24, 2015 we have been granted from the Florida Department of Transportation for some of our transportation needs and requests, which we're very thankful for to Secretary Hattaway in that regards. Other than that, I have nothing further. Commissioner Hiller? COMMISSIONER HILLER: Thank you. On Item 9.A, I have had meetings, correspondence, emails and calls, and I've also reviewed the staff report. With respect to 9.A, and I believe it's 12.A, Commissioner Nance, what order are we going to take those in, since you're making a determination, and I think that should be said now? CHAIRMAN NANCE: If it pleases the Board, I believe we should discuss these items concurrently. I do not believe that there's any necessity to vote on 12.A unless there is a -- since it's a supermajority item under 9.A, unless there is an agreement. I think we should discuss the proposal thoroughly and take public comment at that time. But I don't think there's any reason to proceed ahead with 12.A unless there is reason under 9.A to do that. So the public has been requested to register to speak on the item concurrently, and if it pleases the Board, I propose that we discuss these items concurrently, as suggested by the County Manager. COMMISSIONER HILLER: So if I understand what you're saying, you want to hear 9.A ahead of 12.A and vote on 9.A first and then address 12.A? CHAIRMAN NANCE: Well, I would suggest that there's probably no reason to simply open -- to open the settlement agreement unless we have a supermaj ority of board members that can -- that can reach comfort under the different proposals and considerations that we're going to hear today. COMMISSIONER HILLER: That makes sense. So is that part of how this agenda will be approved this morning? Are you going to Page 6 March 24, 2015 make that -- CHAIRMAN NANCE: If it pleases this Board, since we're discussing it now, if I see nods from Board members that agree that this is the way we should proceed, then that's, I believe -- COMMISSIONER HILLER: I think it would make sense to do that. CHAIRMAN NANCE: Does everybody feel comfortable with that approach this morning? Commissioner Taylor? COMMISSIONER TAYLOR: Did I hear you say that we're going to discuss concurrently, but we're going to discuss the PUD amendments, and if there isn't a -- aren't a supermajority, to go ahead then -- CHAIRMAN NANCE: There certainly is no reason to open the settlement agreement if there's not a reason to consider something under the proposed amendment. COMMISSIONER HILLER: That makes sense. COMMISSIONER TAYLOR: I -- I would say that the decision to open the PUD amendment would be separate and apart from the merits of the PUD. CHAIRMAN NANCE: Yes, it is. But, I mean, there's no reason to proceed and open the settlement agreement and then discuss the elements that we might consider. If there's not a supermajority of members that would consider something, why would we open the settlement agreement? COMMISSIONER TAYLOR: All right. Okay. CHAIRMAN NANCE: Commissioner Henning, are you in agreement with that methodology? COMMISSIONER HENNING: Very methodical. CHAIRMAN NANCE: Commissioner Hiller, anything further? COMMISSIONER HILLER: I have no further changes and no Page 7 March 24, 2015 further disclosures. CHAIRMAN NANCE: Thank you. Commissioner Henning? COMMISSIONER HENNING: Thanks. Ex parte communication on 16.E.3, I spoke to the new Deputy County Manager on that item. 10.A, I would like to have it say: To be heard at one -- no later than 1 :00 p.m. And that way, if we're -- we're done, we're not wasting staffs time having to come back, and they can get to work. I do have a question on 16.F.4. Recommendations to approve amended budget and transfer 200,000 from Pelican Bay MSTBU Fund 109 reserves for additional tree trimming service. Is that tree trimming service on -- on a public right-of-way? MR. OCHS: Commissioner, my understanding is that the services division board had several areas inside of the MSTBU that they wanted to conduct clear -- tree-clearing operations to clear obstructions away from streetlights and also from power lines in various areas in the community of Pelican Bay. COMMISSIONER HENNING: Including Pelican Bay Boulevard? MR. OCHS: That's my understanding, sir. COMMISSIONER HENNING: Well, shouldn't the County be picking that up? I guess that's the new norm, that we're picking up maintenance on MSTUs. Maybe we should pull that and put it to the regular agenda. That's all I have, Mr. Chairman. MR. OCHS: All right. Mr. Chairman, that would become then Item 11.B. That's 16.F.4 moved to 11.B on your agenda. CHAIRMAN NANCE: All right. Anything additional, Commissioner Henning? Page 8 March 24, 2015 COMMISSIONER HENNING: That's it. Looking for a great meeting. CHAIRMAN NANCE: Yes, sir. All right. All those in favor of the agenda as amended, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right. Page 9 Proposed Agenda Changes Board of County Commissioners Meeting March 24,2015 Item 16E3: Recommendation to continue award of RFP-14-6307 Annual Contract for General Contractors Services and extend current contract 10-5510 Annual Contract for General Contractor Services through June 30,2015 or until the Board approves the award of RFP 14-6307. (Staff s request) Note: Item 16A5 Golf Club of the Everglades Final Plat Recording: Authorize the County Manager to administratively update Dedication#4 on the plat from East Naples Fire Control and Rescue District to Greater Naples Fire Rescue District prior to the recording of the plat. (Staffs request) Time Certain Items: Item 9A to be heard at 9:30 a.m.and heard concurrently with Item 12A Item 10A to be heard at 1:00 p.m. 4/10/2015 8:42 AM March 24, 2015 Item #2B BCC REGULAR MEETING MINUTES FOR FEBRUARY 24, 2015 — APPROVED AS PRESENTED CHAIRMAN NANCE: Is there a motion to approve the minutes of the February 24th regular meeting? COMMISSIONER HENNING: There is. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER FIALA: Second. CHAIRMAN NANCE: And a second by Commissioner Fiala. Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor? COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you. Item #2C BCC AFFORDABLE HOUSING WORKSHOP MEETING MINUTES FOR MARCH 3, 2015 — APPROVED AS PRESENTED And also the minutes of the Board of County Commissioners workshop of March the 3rd on affordable workforce housing. COMMISSIONER HENNING: Amen. Page 10 March 24, 2015 CHAIRMAN NANCE: Commissioner Henning makes a motion. COMMISSIONER FIALA: Second. CHAIRMAN NANCE: Commissioner Fiala is a second again. All those in favor? COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you very much. All right. Mr. Ochs? Item #4A PROCLAMATION DESIGNATING APRIL 2015 AS CHILDREN'S ADVOCACY CENTER MONTH — ADOPTED MR. OCHS: Mr. Chairman, that takes us to Item 4 on your agenda this morning. Item 4.A is a proclamation designating April 14th, 2015 as Children's Advocacy Center Month, to be accepted by a representative by the Children's Advocacy Center of Collier County, Jackie Stephens, CEO, Kerry Geroy, Board Chair, Bryan Lee, Director of Development, and Beth Sterchi, staff member. If you'd please step forward and receive your proclamation. (Applause.) CHAIRMAN NANCE: Thank you. Please make a couple of remarks, if you'd like. MS. STEPHENS: Good morning. Thank you for having me here -- or having us here. We're very pleased to be here this morning. Page 11 March 24, 2015 Many people aren't aware of the Children's Advocacy Center and what we do here in Collier County, but we serve the most vulnerable children in our community and the most seriously abused children in Collier County. We serve approximately 2,000 children and their families every year; children who are victims of physical abuse, sexual abuse, neglect, medical neglect, newborn babies who are born addicted to drugs and who are neglected, and many different things, it's just hard to believe, happen. A lot of times we hear about things in the news, like stranger danger, but in reality that's very -- very few of the children that we see. Most of the kids that come through our doors are victims of a crime or abused by people that they know, love and are supposed to be the people who are protecting them. The average age child that we see is between the age of 6 and 7. About 30 percent of our kids are victims of sexual abuse, another 30 percent are victims of physical abuse. And the rest, like I said, medical neglect and other types of maltreatment. These children really can't protect themselves. It is up to us, as adults, as members of our community, to look after our children and to help them and to protect them because they really just can't take care of themselves. These children come from every walk of life. They don't come just from Immokalee or Golden Gate City, they come from every single neighborhood. I have referrals from every neighborhood in our community, so it's up to all of us to be responsible citizens and to take care of these kids. Thank you very much for having me here this morning and recognizing the Children's Advocacy Center. Thank you. CHAIRMAN NANCE: Thank you. (Applause.) CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Thank you very much for Page 12 March 24, 2015 explaining to the community what you do. The Child Advocacy Center is a private non-profit; it is not a governmental agency. The County supports Child Advocacy through grants from all different sources, and they are part of our Victim Advocacy Coalition. But I would encourage the community to recognize that because they are a self-supporting agency, when you consider making donations, help them out, because they are helping the most vulnerable in our community. You're doing a phenomenal job. Outstanding. MS. STEPHENS: Appreciate the kind words. Thank you. COMMISSIONER HILLER: Thank you. MR. OCHS: Mr. Chairman, if I may get a motion to approve today's proclamation? CHAIRMAN NANCE: Yes, I will move to approve. COMMISSIONER FIALA: And I will second that. CHAIRMAN NANCE: Commissioner Fiala seconds. All those in favor? COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Thank you very much. Item #6A PUBLIC PETITION REQUEST FROM ALYSSA CAMERON, ON BEHALF OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT, REQUESTING THAT THE BOARD DESIGNATES DISTRICT ROADWAYS FOR GOLF CART USE — MOTION DIRECTING STAFF TO WORK WITH PETITIONERS AND Page 13 March 24, 2015 COME BACK WITH THE ITEM ON A FUTURE AGENDA — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 6.A this morning. It is a public petition request from Alyssa Cameron on behalf of the Ave Maria Stewardship Community District, requesting that the Board designates golf-- excuse me -- designates district roadways for golf cart use. CHAIRMAN NANCE: Yes. It is -- under communications to me it's my understanding that the developer and the Ave Maria community out there is very much in favor of allowing golf cart use in that community, which has been focused on as very much of a walkable community and a bike/pet friendly community. So I would like to approve -- I would like to make a motion to approve this item at this time, unless there's discussion, or you'd like to hear a brief presentation from the petitioner. COMMISSIONER FIALA: Well, I would second that motion, but -- CHAIRMAN NANCE: Sir? MR. KLATZKOW: Commissioner -- Leo, would you put that up on the viewer, please. Florida Statute requires that you make certain findings which require staff to do a traffic study on this. I would recommend that you direct staff to come back with a traffic study and bring this item into consideration. CHAIRMAN NANCE: Absolutely. Thank you, sir. I will withdraw my motion and make an alternate motion to allow staff to work together with the petitioner to work out the details on that. But ma'am, if you would like to make some general comments for the Board, I would -- I would think that if Board members would like to hear anything from you -- is there any -- all right. Page 14 March 24, 2015 COMMISSIONER FIALA: Is there anything you'd like to say? We haven't heard her voice yet. MS. CAMERON: No, I just wanted to be here in case you had any questions on the request. But we -- we just look to move forward to work with the County staff to come up with this designation. CHAIRMAN NANCE: Who -- who was first this morning, Commissioners? COMMISSIONER TAYLOR: That was before. You just ignored me, so I was going to guilt you. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Is the district going to pay for the study? MS. CAMERON: We're prepared to assume costs for pursuing this designation. COMMISSIONER HENNING: Okay. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: While staff is looking at that, could they consider looking at allowing the same in Pine Ridge Estates? That's a community that is -- is very similar, very low traffic, and people drive golf carts around there all the time as well. And if-- if that could be evaluated -- COMMISSIONER HENNING: Are you petitioning the Board? COMMISSIONER HILLER: I'm petitioning the Board. COMMISSIONER HENNING: Do you have a golf cart? COMMISSIONER HILLER: No. I wish I did. I don't even know how to play golf. I wish I knew how to do that too. But if you could take a look at that, it would be -- since you're going to be analyzing it for that community. COMMISSIONER HENNING: And my street too. COMMISSIONER HILLER: What -- what street do you live on? That's what I want to know. Page 15 March 24, 2015 COMMISSIONER HENNING: I haven't determined that. COMMISSIONER HILLER: Once you do, we'll make that motion. Would that be okay? Because we have the same issue in Pine Ridge Estates. I mean, everybody drives golf carts there and -- CHAIRMAN NANCE: Well, I certainly think staff is now going to identify what the elements are, and I think it would be appropriate to bring it back independently. COMMISSIONER HILLER: Yep, as it obviously is a second subject matter, but the same issue. COMMISSIONER HENNING: Commissioner Hiller will pay for the study. CHAIRMAN NANCE: Okay. I -- COMMISSIONER HILLER: I'll donate my paycheck to you. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: When staff is looking at this, and I think you know this, the City of Naples authorizes golf carts on their streets, on their neighborhood streets. So look to them for some guidance in terms of what the -- the golf carts can't be normal golf carts. You can't drive them from the golf-- golf course to the street. They're kind of futuristic golf carts that need to be done. But it's legal, and it works. It's -- it's a wonderful, wonderful transportation. CHAIRMAN NANCE: All right. I've made a motion to direct staff to go and consider that and work together with the petitioner, which I'm certain Mr. Klatzkow is going to be participating in to the extent the Sheriffs Office needs to, and so on and so forth. Is there a second? COMMISSIONER HILLER: Second. COMMISSIONER FIALA: I second the motion as long as we -- you know, we address just this one right now. Because we don't know who would pay for all of these other ones, but they said they'd be willing to pay -- Page 16 March 24, 2015 CHAIRMAN NANCE: Commissioner Hiller indicated she's going to take care of-- COMMISSIONER HILLER: I'm donating my annual paycheck, because that's probably how much the study would cost. CHAIRMAN NANCE: Any further comments? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, indicate by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you, ma'am, very much. MS. CAMERON: Thank you. MR. OCHS: Mr. Chairman, do we have consensus from the Board on the Pine Ridge evaluation or no? COMMISSIONER HILLER: First of all, how complicated is such a study? MR. OCHS: I'll -- I'll ask the Deputy County Manager to comment on that. MR. CASALANGUIDA: Ma'am, you look at the characteristics of the road, so when you say "complicated," we look at the speed of the road, if there's sidewalks on there with the pavement, average speed of the car. So we'd have to look at all of the streets in Pine Ridge and document that with other uses. So when you say how complicated, it would probably be about $10,000 of staff time or less to put something together. COMMISSIONER HILLER: $10,000? Page 17 March 24, 2015 MR. CASALANGUIDA: Or less, ma'am. COMMISSIONER HILLER: The only people that go fast in Pine Ridge are the cyclists. MR. CASALANGUIDA: You've got to put down speed bumps CHAIRMAN NANCE: I've seen you drive, ma'am. That's not accurate. COMMISSIONER HILLER: Take that back. Strike that from the record. What's that, $10,000? MR. CASALANGUIDA: Approximately. You would put speed tables up or speed monitoring up and traffic counters to see the volume and speed on each one of those roads. COMMISSIONER HILLER: On each one of the roads? MR. CASALANGUIDA: Yes. CHAIRMAN NANCE: Let's let staff come back with different defined elements, and then we -- I think we can address -- COMMISSIONER HILLER: I think it's very important -- if a neighborhood as small as Pine Ridge, which only has 600 homes, would cost $10,000, I think it's very important to let Ave Maria know how much it's going to cost to do a study for them. If analyzing the few roads we have is 10,000, I mean you could be looking at a $100,000-plus study for Ave to do that kind of work. MR. CASALANGUIDA: They're going to fund the counters and they'll fund the speed study, and then that will be up to them. COMMISSIONER HILLER: Well, I mean, but you need -- I think you need to give them a preliminary estimate before you do anything like that, even though we've approved you moving forward because, you know, there shouldn't be any surprises. MR. OCHS: We'll do that. Yes, ma'am. COMMISSIONER HILLER: Thank you. Page 18 March 24, 2015 COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: All right. There's a -- there's a -- I think we already voted. We already voted on it. We're ready for the next item. I don't know if we can do anything in three minutes. Item #1 l A RECOMMENDATION TO APPROVE THE PURCHASE OF PROPERTY INSURANCE EFFECTIVE APRIL 1, 2015 IN THE ESTIMATED AMOUNT OF $3,027,599, A REDUCTION OF $281,449 — APPROVED MR. OCHS: Well, Mr. Chairman, I would suggest perhaps we could do Item 11.A. This is an annual routine renewal of your property insurance. Mr. Walker, your Risk Management Director, is available to answer questions. This is, frankly, on your agenda at a regular agenda because it exceeds the $1 million expenditure threshold the Board had established. Otherwise, the premium is actually reduced by $281,000 from the prior year's premium. COMMISSIONER HENNING: Move to approve. COMMISSIONER FIALA: Second. COMMISSIONER TAYLOR: Well done. Second. CHAIRMAN NANCE: There's a motion to approve and a second by Commissioner Taylor. Discussion on this item? COMMISSIONER TAYLOR: Just well done. Well done. It's nice to see a quarter of a million dollars or more saved. MR. WALKER: Thank you, ma'am. Page 19 March 24, 2015 CHAIRMAN NANCE: Further comments by Board members? (No response.) CHAIRMAN NANCE: Seeing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Hearing none, it passes unanimously. Thank you very much. MR. OCHS: Thank you. Mr. Chairman, I'm not sure there's anything else that we can accomplish in two minutes except -- COMMISSIONER HENNING: 16.F.4. MR. OCHS: I'm not sure the representatives from the services division are here right now, sir, unless you'd like to take it up anyway. I'm not sure we can answer all the questions the Board has on that one. COMMISSIONER HENNING: Okay. Hold on. 10.A? COMMISSIONER HILLER: Why don't you give the court reporter a two-minute break, because this is -- CHAIRMAN NANCE: What we're going to do here is, I think Commissioner Hiller has a great idea. We're going to give the court reporter a two-minute break to limber up her fingers for the next item, to allow you to clear your throats and get a drink of water, if you want to in the next two minutes, and then we're going to attack this item. So you may discuss amongst yourselves quietly, if you like, and we'll take this item up in about a minute and a half. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, if you'd please take your seats. Page 20 March 24, 2015 Item #9A (Discussed; tabled to later in meeting) RECOMMENDATION TO APPROVE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 652; BY INCREASING THE DEVELOPMENT AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 93.52± ACRES OF LAND ZONED RESIDENTIAL SINGLE FAMILY (RSF-3) AND RESIDENTIAL SINGLE FAMILY WITH A SPECIAL TREATMENT OVERLAY (RSF-3-ST) TO COCOHATCHEE BAY RPUD, BEING ADDED THERETO AS PRESERVATION LAND; BY REMOVING THE GOLF COURSE "GC" TRACT AND REPLACING WITH RESIDENTIAL "R2" TRACT; BY CHANGING RESIDENTIAL DEVELOPMENT AREAS TO RESIDENTIAL "R1" AND "R2" DEVELOPMENT TRACTS TO ALLOW HIGH-RISE, LOW-RISE AND SINGLE- STORY MULTI-FAMILY DWELLINGS IN "R1" AND SINGLE FAMILY DETACHED DWELLINGS IN "R2"; BY CREATING AN AMENITY/RECREATION "AR" TRACT; BY ALLOWING RECREATIONAL AMENITIES BE AVAILABLE TO RESIDENTS, CLUB MEMBERS AND THEIR GUESTS; BY ADDING DEVIATIONS; BY RESTRICTING PLACEMENT OF DOCKS TO WITHIN WATER MANAGEMENT LAKES LOCATED WITHIN Page 21 March 24, 2015 THE RPUD; BY ADDING A PRIVATE ROAD CROSS SECTION; BY ADDING A SIDEWALK MASTER PLAN; BY REVISING DEVELOPMENT STANDARDS; BY AMENDING THE MASTER PLAN; BY REVISING DEVELOPER COMMITMENTS; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 625.61± ACRES — TABLED TO LATER IN THE MEETING — CONSENSUS CHAIRMAN NANCE: Ladies and gentlemen, we are going to open the public hearing on Item 9.A, which will be discussed concurrently with Item 12.A at this time. MR. OCHS: Mr. Chairman, these items are -- 9.A does require ex parte disclosure be provided by commission members and all participants are required to be sworn in. CHAIRMAN NANCE: All right. At this time I will ask for ex parte. I believe Commissioner Fiala is the only commissioner that didn't give her ex parte on this item. Ma'am, please. COMMISSIONER FIALA: Okay, fine. Yes, I have quite -- quite a few items to turn over. They're all there for public viewing, and I will make them available. I've had meetings and correspondence, emails, calls. A lot of people -- I mean, there -- we have had so many, so many emails. And I've read the newspaper accounts, the different letters to the editor. I was also invited to a meeting with -- within Glen Eden, I think it's called. And there were -- I can't tell you all the people that were there, but anyway -- and they wanted me there just to -- they wanted all of us Page 22 March 24, 2015 there. They actually invited each one of us. So I went separately and listened to everybody and their concerns and so forth. So I've had a lot of-- I've had a lot of ex parte to declare. I couldn't tell you all the people that wrote and called, but they're all here. (Applause.) CHAIRMAN NANCE: Okay. Ladies and gentlemen, I'm going to remind you, this is a public hearing. I'm going to ask you to help me maintain a very respectful environment. We want each of you to be able to provide your testimony. We want everyone to be able to hear the testimony, and we certainly want the Board members and the County Commissioners to be able to hear what everyone has to say, and we want you to be able to hear those remarks also. So I would ask you to please be very respectful of one another and grant everyone the courtesy that you wish to be extended to yourself. Item 9.A, of course, as most of you may know or may not know, requires a supermajority vote, which means for anything to happen under Item 9.A, which is an amendment to the Cocohatchee Bay residential PUD, will require four votes. And Item No. 12.A, which will be discussed concurrently requires three votes. So at this time, everyone that wishes to testify must rise to be sworn in by the court reporter, so please do so. (All speakers were duly sworn.) CHAIRMAN NANCE: Thank you very much. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN NANCE: Yes, sir? COMMISSIONER HENNING: I did not give my ex parte communication on this item. CHAIRMAN NANCE: Please, sir. COMMISSIONER HENNING: And that would include but not Page 23 March 24, 2015 limited to discussions with the petitioner's representative and staff, voluminous letters and emails, petitions, multiple phone calls. And anybody wishing to review my record on this item is welcome to do so. CHAIRMAN NANCE: Yes, thank you very much. COMMISSIONER FIALA: You know, I should have said, mention -- I also had a few meetings with the petitioner's agents as well. CHAIRMAN NANCE: Yes. And -- and all -- all the public in attendance today realize that all of these ex parte records are public record and, of course, available for anybody's inspection at any time they wish to do so. All right. Based on comments earlier, on the order of discussion on this item, I believe that we're going to begin with item -- general discussion on Item 9.A, and I guess we should -- we should hear at this time from the petitioner. MR. GRANT: Good morning, Commissioners. My name is Dick Grant. I'm an attorney with the Grant Fridkin Pearson law firm here in Naples, and our firm represents the petitioners, Lodge/Abbott Associates, LLC and Lodge/Abbott Investments Associates LLC, who are the respective owners of different parts of the Cocohatchee PUD. I'm going to talk initially. Following me, Wayne Arnold of Grady Minor & Associates, who is the co-agent with me, is going to run through the particulars of what is being proposed here. We have other members of our team here who I don't believe we're going to have speak as a part of our presentation, but they are available to the extent there are questions, and we may want to use them in rebuttal, were that to become necessary. And their names are John Muster and Jay Westendorf, who are civil engineers; Norman Trebilcock, who's our traffic engineer; Tim Hall, who is the environmental consultant; my associate Charles Page 24 March 24, 2015 Whittington might help me, but probably I will handle this all by myself. I just might need some help passing out papers. And what I'd like to do is run through briefly the history of the Cocohatchee PUD. I'm going to be very quick about that, and I'm going to explain the history and the background to this application which was initiated in December of 2013, how we got to today, point out some things. There's some things I want to explain that the applicant is prepared to do that are not part of the record that have been decided in the past several days. And then I'll turn it over to Wayne Arnold, who will run through a presentation on what is actually being proposed. And he will use some graphics that I think are very useful to your understanding of this. The Cocohatchee PUD was first approved in the year 2000, so ifs 15 years old. It was amended in the year 2008, growing out of a petition that actually had been filed in 2005 to amend it. That led to some controversy. It was disapproved. There were challenges to it. It resolved itself with a settlement agreement in 2008, which is why there is both a settlement agreement that embodies in and of itself the PUD document that is currently the zoning for the property. So the zoning is actually embodied in the settlement agreement that was entered into in the year 2008. The pending application was initiated in the year -- in December of 2013. It proposed -- and the significant change that it proposed was to propose that the east parcel, as it's called, which is the part of the property located east of Vanderbilt Drive no longer be a golf course, but it could be developed with housing. The application proposed a good bit more density than is currently pending before you. It was, we believe, completely consistent with the comprehensive land use plan. In any event -- and it also proposed the addition of 93 additional acres to the PUD, which is quite a significant amount of land, located Page 25 March 24, 2015 along its northwestern border that would all be designated as future preserves. That application was considered at a neighborhood information meeting, as is required to be held, in March of 2014. So just about a year ago -- literally a couple days ago, March the 19th. The meeting was very well attended. It was actually over-attended. The room was inadequate in terms of size. The room was plenty big, but the attendance was quite large, and the meeting, suffice it to say, there were a lot of people that spoke and people were not very happy. And growing out of that, and the reason you have these meetings, is to educate the neighborhood, but also to let the applicant listen. And the applicant listened. And following that meeting in March of 2014, over the course of the month of April and May, a number of meetings were held by the applicant with neighborhood groups, and the proposal for the amendment was scaled back considerably. And over the course of that period of time and then through the summer of last year, the proposal was modified. It took some time to retool the documents, and it was resubmitted in August or September of last year, further amending the December, 2013 petition. And it reduced the requested changes down to basically make the east parcel limited to 62 single-family lots. It had a specific master plan layout that would show the location of where those lots would go, where the spine of the road would go. They're all so-called single-loaded lots, meaning they're not -- it's not a road with two lots on either side but only on one side. And it was required to fit around some required preserve areas. The revised application was considered by staff. The staff has recommended approval. The staff has determined that it believes the application as consistent with the Comprehensive Growth Management Plan and its Future Land Use Element is compatible with Page 26 March 24, 2015 surrounding land use patterns. It was considered by the Planning Commission in September of 2014. The Planning Commission, by a vote of 4-to-1, voted to recommend it to you, and its recommendation to that effect is in the record. Following that there were some more discussions, and the applicant determined because the time frame was getting very tight -- because you're required to have the Board decide something within a year after a neighborhood information meeting or you have to have another one, we decided to have another neighborhood information meeting because the project obviously is something of high community interest. There are a lot of people that are concerned about it; witness the room today. So a second neighborhood information meeting was held on February 26th this year, a month ago. The meeting was well attended. There were not as many people there as there had been in March 2014. We had had some audio/visual and audio difficulties. The first one we did not have those problems in February, I assure you that. The meeting went quite well, and the revised proposal was presented at that time and questions were answered. There were many people that were not happy with the proposal, but I would say to you that the tenor of it was different. The significant difference was that there were people who were supportive of the application as it was explained, and as it had been revised in the February of 2015 meeting. And I believe you'll want to hear from a number of those people today. And many of them occupy leadership positions in some of the neighborhood community property owners associations that surround Cocohatchee Bay. And I'm not going to pretend to suggest that there were more people speaking favorably than there were speaking against, because that's not true; but rather the significance of their Page 27 March 24, 2015 positions and the fact that there was a change. And some of the people that spoke favorably clearly had been against it in March of 2014. One of the things that came out in that meeting, and it wasn't anything that we were unaware of or surprised, was the notion of trust. And you've heard that and you will hear that. It's been in letters to the editor, it's been in emails, there are stickers that people are wearing speaking of the public trust. And we understand that. And people don't like to feel that they have to worry about changes. And I think we all understand that. So we've had conversations, the applicant has, and we've considered that. And the applicant has determined that it's willing to do something here if this petition is approved that I believe is quite significant. And that is, the applicant is prepared to enter into a declaration of covenants that will encumber the Cocohatchee property that will run in favor of identified surrounding property owners associations that will commit that the key parts of this PUD are enforceable covenants by those associations. It would not be part of the rezoning. It's a private document, enforceable by them. It -- it exists and it is enforceable and would be enforceable by them no matter what the zoning is. So if in the future -- not that I'm suggesting anybody's seeking to try to change it again, but if in the future you were to approve this petition today, and if in the future 5, 10 years from now, whatever, whomever then owns the property were to seek further changes, even if they were approved, it would not vitiate the effect of these covenants. There is much property in this community that exists in both realms, where there is zoning that applies that restricts its use and private deed restrictions where covenants apply. And the owner must comply with the more restrictive of the two. There's a big sign at the development services office, at least there used to be the last time I was there, that warns people seeking approvals in this community that they Page 28 March 24, 2015 may have to comply with private restrictive covenants that affect their property over and above and separate from the zoning and that the county has nothing to do with those restrictive covenants. So this is something which the applicant is prepared to do. It will help, we think, give the community enforceable legal protection that will cause them to not have to feel they have to worry about the trust factor. Copies of it have been given to as many of the different civic association representatives as the client has been able to get them to. I sent a letter to you all last Friday afternoon, I've handed the County Attorney a copy of it as executed. We've actually decided yesterday to improve it further, and the improvements are that the version we had Friday only restricted the east parcel to 62 lots. It didn't restrict the west parcel because that hadn't, per se, been in controversy. We decided to restrict that to the 590 units that exist now. It will restrict the so-called western preserves. There was concern expressed at the neighborhood information meeting by some individuals that, well, how do we know that in the future somebody won't try to develop the preserves, even though the preserves are restricted as zoned preserve parcels? How do we know that you won't come back in the future and try to develop them? The answer to that is, it's probably going to be very difficult, but the applicant is prepared to restrict them with deed restrictions. And Wayne Arnold is going to graphically illustrate for you on some graphics what surrounding associations we have identified that this declaration of covenant would run in favor of. There are two other things that the applicant is prepared to do that would constitute amendments to the application. And they both relate to the -- well, actually one relates to the settlement agreement. The settlement agreement in 2008 required two monetary Page 29 March 24, 2015 contributions, one of which has been funded, three and a half million dollars for transportation improvements. The other was a required $3 million contribution for affordable housing to be funded, $600,000 each time one of the five approved towers on the west parcel was completed and a certificate of occupancy was issued. We had requested as a part of the application that the applicants be relieved of the requirement to fund that. And the reason was because there is a provision in the Land Development Code today, enacted I think a couple of years ago, that sets a process and a procedure for property owners who have been required to in the past or who have agreed to make such commitments to be relieved from them, because as I understand it the County no longer has a program for affordable housing. And so that was the reason that the applicant requested to be relieved from that. The applicant has decided to change its mind and not ask to be relieved from that. You may not have an affordable housing program today. And to the extent that the funds could be used for some affordable housing program that might be adopted in the future, they're available to the extent that there is no program for that in the future. The applicant is prepared to still commit to funding that, assuming this petition is approved. And it can be used for some civic or public betterment or good, something that perhaps would make improvements in transportation areas in the surrounding area or some other purpose that you, as the County Commission, determine. The applicant would like to have some ability to comment on how it's used, but other than that, the request to be relieved from that will be withdrawn as a part of this application, assuming the petition is approved. The second thing that the applicant has determined to change is that the PUD has as a part of it an eagle management plan. It no longer has to be part of the PUD, so it's being removed from the PUD as a Page 30 March 24, 2015 part of this. But one of the facets of the eagle management plan as adopted and revised in 2008 was a requirement to seek applicable permits, to the extent they could be obtained, to construct an artificial tree for a nest for an eagle. It would be located in the western preserve areas. Nobody is sure it can be permitted. The Federal Fish & Wildlife Service doesn't require it, but it was a requirement in the eagle management plan that was approved by this Board in 2008. The reason -- and so the petition actually asked to be relieved of the requirement to construct the artificial tree because the applicant believes that there's no science to support that it would work. But the applicants decided to withdraw their request. So the eagle management plan can stand as it is, with the continued requirement to seek permits and, if obtained, construct the artificial nest. Whether it works, nobody knows, but it is -- was intended as experiment to see if it would work, and so that's a good thing. So that request to eliminate that is withdrawn. The -- at this point, I think I want to turn this over to Wayne Arnold. As I say, we have the rest of our team here. They can answer questions if you have them. I'd like to have them available for rebuttal. If they speak, I would like to have them qualified as experts. We have their CV's. Charles Whittington has got them. I'd like to hand them to the County Manager, if I could, and if they are asked to testify have them accepted as experts in their area of respective expertise. One of them is Wayne Arnold, who's going to talk. I know you see Wayne quite often, but I would like to have Wayne accepted as a planning expert too. And we have his CV as well. And with that, I'm going to ask Wayne to come up. There's one other thing I want to do as a procedural matter, and -- because I think this is important -- and that is, I would like to make sure that the record before you is identified in terms of the applicable Page 31 March 24, 2015 documents. And I'm going to read just a list of what those documents are that are in the record already, so that as a part of my presentation that's known. And the first is the petition that was filed in December of 2013, as it's been revised and supplemented and amended with all the accompanying materials. The proposed amended PUD document; the environmental supplement; the environmental -- the amended Bald Eagle Management Plan, which I've explained we're prepared to change; the Fish and Wildlife Service biological opinions; the traffic impact statements submitted by Norman Trebilcock, our traffic engineer. The -- we have drawn up -- there is a proposed amendment to the settlement agreement and release which we'll be considering after you consider this first part, I know. The 2008 settlement agreement; the original PUD in 2000; the staff report of the county staff recommending approval; the CCP staff report in December of 2014; the March 19 neighborhood information meeting transcript; the February 26th neighborhood information transcript. I'm getting done. I'm sorry. The CCPC transcript from December 18 and January 15 of 2015 and the applicable notices of compliance with a publication of notice and signage. And with that, I'm going to ask Wayne Arnold to come up here, and Charles can provide the County Manager with a CV -- CHAIRMAN NANCE: Before we move to Mr. Arnold, I have lights on from Commissioner Hiller and Commissioner Henning. If they have comments about your introductory remarks, sir, I'd like to hear from them at this time. If not, I'd like to really let Mr. Arnold make his opening remarks. Commissioner Hiller, do you have anything specific from -- COMMISSIONER HILLER: Commissioner Henning was first. CHAIRMAN NANCE: Commissioner Henning, I'm sorry. Page 32 March 24, 2015 COMMISSIONER HENNING: Thank you, I do. Mr. Grant, you were talking in past tense. However, I think -- and I just want to clarify and correct -- you're talking about what the petition is all about. You want to remove the golf course from the eastern property. MR. GRANT: Correct. COMMISSIONER HENNING: And you want to allow -- you're asking the Board to allow 63 homes? MR. GRANT: 62, Commissioner. COMMISSIONER HENNING: 62 homes -- MR. GRANT: Right. COMMISSIONER HENNING: With a spine road in place of the golf course? MR. GRANT: That's correct. COMMISSIONER HENNING: Do you have any pictorial -- MR. GRANT: Yeah, Wayne Arnold is going to show you that. It's quite -- quite graphic. COMMISSIONER HENNING: Okay. Now, you wanted -- are you saying you want to enter some documents into the record? MR. GRANT: I was identifying documents that I believe are already part of the record. COMMISSIONER HENNING: Okay. That's all I have. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: On the question of documents, are all the documents that you listed as part of the backup that was provided to us? And the only reason is because you might have a different label than, you know, how I may label that particular document, just to make sure we have all the evidence on the record for purposes of this hearing. Leo, we need to make sure that all the documents that he listed are in fact part of the backup to this agenda, that they're part of the Page 33 March 24, 2015 official record. COMMISSIONER HENNING: And if they're not, and you want to introduce them, I want to take a break to read them. Because if I'm considering anything, any documents on decisions I make on land use, I want to take my time to read them. MR. GRANT: I understand. COMMISSIONER HENNING: It may take a day or two, but we'll get through it. MR. GRANT: I believe that they all are part of what has been submitted in connection with the applicant's petition transmission. I don't know exactly what things are provided to each one of you, but I summarize them because they are part of the record before you. COMMISSIONER HILLER: They should have been provided by staff then. MR. GRANT: Yep. MR. OCHS: Ms. Deselem, our planner on this project, can address that issue of documentation, Mr. Chair. MS. DESELEM: Good morning. For the record, Kay Deselem. Everything that he mentioned, as far as I know, is in there, except I don't know that there is a transcript from the Planning Commission. COMMISSIONER HENNING: No, there's not. MS. DESELEM: I think all the NIMs are both there, the application material, the environment material, the transportation material. All the affidavits for notices are all there. MR. GRANT: If you don't have the complete transcript of the Planning Commission meeting, that's fine. I think you have their recommendation, which grew out of the second so-called hearing where they confirmed what they did the first time. COMMISSIONER HILLER: I'd like to ask you a couple of questions. You said that you were going to in-- voluntarily self-impose deed Page 34 March 24, 2015 restrictions -- MR. GRANT: Yep. COMMISSIONER HILLER: -- and that you have, you know, included now the western property, and that you will put a cap on the density allowable on that western property equal to what has been approved -- what was approved in 2008 and is now vested. The first issue I have is I want to make absolutely sure that it is unequivocal that all the associations would have to agree 100 percent that if one association disagreed that nothing changes. That it isn't, you know, a majority vote of the associations or even a supermajority vote, but that it would have to be absolute. CHAIRMAN NANCE: We're -- we're speaking on conservation easements? COMMISSIONER HILLER: No, we're not. I'm talking about everything. I mean, and please let me finish my discussion with Mr. Grant, because this is a very serious issue. And furthermore, the docks. The docks have to be included. There has to be an absolute commitment that these docks will never come back. Because while I appreciate your offering -- and these deed -- you know, deed restrictions -- a deed restriction to the extent that you have to have unanimity of the associations are very different than just a deed restriction where, you know, there is a majority or even a supermajority that changes the character of what you are offering. But I have concerns not only about the density, I have concerns about the density, about the preserve and the docks. And I didn't hear you say a word about the docks. MR. GRANT: I didn't say anything about the docks because it isn't in the declaration of covenants, but I think it could be included. COMMISSIONER HILLER: I think it has to be included. I mean, I don't think that can be excluded. MR. GRANT: I don't think there's any problem. Page 35 March 24, 2015 And in answer to your first question, Commissioner, the draft of the declaration of covenants did provide -- first of all, it did not restrict the western parcel to 590 units, because that hadn't been the subject of controversy. But in considering it with the applicant, we decided yesterday to go ahead and restrict that too -- COMMISSIONER HILLER: Because I know there are a number of people in the audience right now who have a concern about that western project. And their concern is if anything changes now with respect to the east, why couldn't the west change. And I could not support this if there is no assurance that that western project stays exactly the way it is without one more unit added. MR. GRANT: We get it. The document that as we revised it yesterday, and I'm prepared to pass out copies, restricts the western parcel to 590 units, the eastern parcel to 62 single-family lots. It does not mention the docks, but we can add that. And it does restrict those western preserves so that they must remain preserves, endorsable as such by the surrounding community, no matter how the zoning in the future might change. And the other change we made is that the version I sent you on Friday did provide that it could be amended by a majority of the association. It now requires every association to approve a modification. So it's unanimity. It's not supermajority, it's unanimity. COMMISSIONER HILLER: That's the only way I could accept it. MR. GRANT: It's everybody, yeah. COMMISSIONER HILLER: And every one of the surrounding associations would be a part of this deed restriction. MR. GRANT: Yes. COMMISSIONER HILLER: And every single one would have to approve if ever a change were to come forward? MR. GRANT: If one of them said no, it wouldn't be changed. Page 36 March 24, 2015 COMMISSIONER HILLER: And Jeff, that would be binding on this Board, that if they have these deed restrictions that the Board could not entertain a PUD amendment to change the density or bring back the docks or reverse the preserve? MR. GRANT: Could I answer that? COMMISSIONER HILLER: Yeah. MR. GRANT: Commissioner, it is a covenant running with the land in favor of the associations that restricts density, restricts the preserves, and would restrict prohibiting docks enforceable by them. It is independent. And it is not a covenant to not ever seek to change the zoning, okay. It is a covenant that those things will stand, and they are enforceable by those associations privately, in court. Has nothing to do with -- COMMISSIONER HILLER: So they basically would have those -- that property right as against you -- MR. GRANT: It gives them control. It gives them what they do not have right now, which is a right to say we don't care what the commission might decide in the future to change the zoning to be, our rights are protected by these documents. COMMISSIONER HILLER: Yeah, that's extremely important. And with respect to these deed restrictions, how would they be -- how would they have the assurances that they are recorded and in place ahead of your ability to move forward with any decision we might make today? MR. GRANT: The document, I don't have the executed original. It was signed yesterday. It will be down here today. I have a copy of it as executed. I'm going to show you that in a minute. And Wayne can probably do a better job than I can to show the associations that are benefited. The answer is, it can be recorded the minute we get the original document. It does provide that it is contingent upon the Board Page 37 March 24, 2015 approving the petition, okay, and it sets a time frame for that to occur by not later than May the 31st. So it could be recorded to give the Board comfort of knowing it's recorded and there. COMMISSIONER HILLER: So like, for example, you could record it tomorrow? MR. GRANT: It has a contingency. COMMISSIONER HILLER: No, I understand. But -- and if that contingency is satisfied, then it would be effective immediately, but what you're saying is you would be willing to record it today or tomorrow. MR. GRANT: I think so, yeah. COMMISSIONER HILLER: Okay. MR. GRANT: As soon as we have the signed original to record it, yeah. Right. COMMISSIONER HILLER: With the modification of the docks and -- and the requirement of unanimity -- MR. GRANT: Yeah, we'd have to make -- COMMISSIONER HILLER: -- of all associations. And which are the associations that would get the benefit of this? MR. GRANT: I'll read the names of them, and -- if you want to pass that to the County Manager here. I'll read the names that we have included in the document into the record. And Wayne can identify them on the graphic here. The Villages of Emerald Bay Condominium Association, Inc. COMMISSIONER HILLER: Can you point to each one so we can see? I want to see each one pointed to, so I know that everybody is included, because there are a number of communities around there. MR. GRANT: Let Wayne try to highlight them on the graphic. It may not be that easy to see. Yeah. The first one is The Villages of Emerald Bay Page 38 March 24, 2015 Condominium Association, Inc. And that's -- that's on the west side, right? MR. ARNOLD: Correct. MR. GRANT: All right. The next one is Eden on the Bay Homeowner Association, Inc. It's just below that. The next one is -- that -- it's labeled Glen Eden on this diagram. CHAIRMAN NANCE: That's the PUD. COMMISSIONER HILLER: But it's -- Eden on the Bay is the homeowners association? MR. GRANT: Well, the problem is that what -- the graphic shows the PUDs and what I've identified is not PUDs, but legal entities, associations. COMMISSIONER HILLER: Okay. That's fine. MR. GRANT: All right. Next one is Tower Point at Arbor Trace Condominium Association, Inc. That's way out on the west of there. The next one is Arbor Trace Condominium Association, Inc. The next one is Glen Eden Homeowners Association, Inc. That's all along on the north of the east parcel. The next one is Falling Waters North Preserve, Inc. That's way over on the east. The next one is Tarpon Cove Community Association, Inc. The next one is Wiggins Bay Foundation, Inc. The next one is Bay Forest Homeowners Association, Inc. I think Bay Forest is up -- COMMISSIONER HILLER: No. Bay Forest is -- MR. GRANT: Bay Forest is up there on the north. The next is Aqua at Pelican Isle Condominium Association, Inc. Next one is Marina Bay Club of Naples Condominium Association, Inc. The next one is Anchorage of Naples Condominium Association, Inc. Page 39 March 24, 2015 And the last one is Audubon Country Club Foundation, Inc., which is up to the north. COMMISSIONER HILLER: What about the Pelican Isle Yacht Club? MR. GRANT: We did not include the Pelican Isle Yacht Club. COMMISSIONER HENNING: We should. COMMISSIONER HILLER: That absolutely has to be included. And is -- there's Wiggins Bay and Wiggins Lake. You've identified the two separate homeowners associations? MR. GRANT: Yeah. There are a lot of different associations in COMMISSIONER HILLER: What about Audubon? MR. GRANT: I -- I read Audubon. COMMISSIONER HILLER: Okay. I missed that. MR. GRANT: The Wiggins Bay Foundation I believe is the master association for the Wiggins Bay area that is south of Wiggins Pass Road, along the river. COMMISSIONER HILLER: Well, I think it should be labeled Wiggins Bay Master Association and all Associations that fall under it. MR. GRANT: We can do that. CHAIRMAN NANCE: So Mr. Grant, these are basically all adjacent properties inclusive? MR. GRANT: Yes, sir. CHAIRMAN NANCE: Thank you. MR. GRANT: That's the intention. And with that I'm going to let Wayne Arnold run through -- COMMISSIONER HILLER: Let me -- let me ask one question. What about the Cocohatchee, when that gets turned over by the developer to a homeowner's association in the future? MR. GRANT: What about it? COMMISSIONER HILLER: Well, shouldn't they have the same Page 40 March 24, 2015 deed restriction? I mean, not -- right now obviously not, because the developer is in control. But once the developer is gone -- MR. GRANT: You're talking about the homeowner's association for this project when ifs developed? COMMISSIONER HILLER: Well, no. For -- for that one and the one across the street after the developer is gone. MR. GRANT: In other words, our project, the association -- COMMISSIONER HILLER: But when it's not -- when it's no longer yours. MR. GRANT: Right. Well, I understand. COMMISSIONER HILLER: Right. MR. GRANT: We can do that. I mean, they're sort of restricting themselves but, I mean, they're the ones being restricted. This restriction is going to survive the developer being long gone. COMMISSIONER HILLER: Okay. MR. GRANT: I mean, it runs -- it runs with the land. It's going to bind every property owner that buys real estate in Cocohatchee, it's going to bind the associations. Now, what we could do I guess is we could have a provision that says if there ever were two different associations within Cocohatchee, one for the east side, one for the west, that they each have reciprocal rights against the other. We could do that. COMMISSIONER HILLER: Yeah, I think you should. CHAIRMAN NANCE: Well, the restrictions are going to travel with the land. MR. GRANT: Yes. CHAIRMAN NANCE: And they're going to be -- and that is going to -- COMMISSIONER HILLER: That's not the issue. CHAIRMAN NANCE: That's going to allow any successor, owner or owner of any of these properties or any of these associations Page 41 March 24, 2015 or their successors to be protected. Because it comes with the land. MR. GRANT: Successors are bound and successors are benefited. COMMISSIONER HILLER: But I -- I want to make sure that the people on the west side wouldn't want to see the east side developed and have the ability to vote no. MR. GRANT: A reversal. COMMISSIONER HILLER: Right. MR. GRANT: We can do that. COMMISSIONER HILLER: And you would have to have full unanimity. Every single one of those associations. MR. GRANT: Yes, yes. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: Okay. Mr. Arnold, for your introductory remarks, and then I propose that we'll have -- MR. GRANT: Can I come back up after Mr. Arnold? CHAIRMAN NANCE: Sure. You and staff and Mr. Arnold are going to continue to make remarks, then we'll have general comments from Commissioners, to make sure that all your questions have been answered, and then we'll -- we'll try to proceed to public comment. Mr. Arnold? MR. ARNOLD: Good morning, Commissioners. I'm Wayne Arnold, a certified planner with Grady Minor & Associates, representing the applicant. On the visualizer I've placed an aerial exhibit much like what you just saw, but this outlines the existing PUD that's approved. And it reflects the proposed 93-point-something acres to the northwest corner that says: Proposed 94 plus or minus acres on it. That is being proposed to be added as preserve to this project. The project itself is about 625 total acres, inclusive of the new parcel that's being added. You can see that it's located on the north Page 42 March 24, 2015 side of Wiggins Pass Road, west side of Vanderbilt Drive, also east side of Vanderbilt Drive. What's been previously approved was the 590-unit project with the golf course component on the eastern parcel. There's a parcel that is referred to as the finger. I say that only because it's a narrow finger of land that extends north of Tarpon Cove. COMMISSIONER HILLER: Can you point to it? MR. ARNOLD: And that's important as we move through to some of the discussion more specifically about the project. So in lieu of a golf course, we're proposing to have 62 single-family residences on the east side of Vanderbilt Drive. And those would be restricted to large lots. 20,000 square foot is our minimum lot size that's been proposed. You're going to get estate-sized lots. Our overall density for the project, including the added land we have is still less than 1.5 units per acre, well below and within your density threshold for properties that are located west of U.S. 41 and within the coastal high hazard area. This project, because of the prior zoning approvals when it was rezoned to PUD, had a variety of zoning on it, many of which were residential. The entitlement for those various densities would get you over 1,000 units quite easily. And it would still qualify for that, even given the current project acreage. So what we're asking for is a density that's very low and well within your density range of three units per acre today. We submitted this, as Mr. Grant said, with a proposal to add a significant -- COMMISSIONER HILLER: Excuse me, did you say you're asking -- you're not asking for three units per acre. MR. ARNOLD: No, ma'am. Your Growth Management Plan would permit us to seek three units per acre. Our density is about 1.4 units per acre that we're proposing. Page 43 March 24, 2015 Okay. The -- so we changed the request significantly after attending our first neighborhood information meeting. And, you know, like Dick Grant says, and my wife might disagree, but we're pretty good listeners. We've had two pretty good successful neighborhood information meetings, and we heard a lot of comments. We heard a lot of good feedback from immediate neighbors, and we've made several adjustments to the project to deal with that. And I know there's the issue that's out there of amending the settlement agreement, but from a land use and zoning standpoint what we've done is I think pretty extraordinary, and we've brought forth a project that, if not for the project history here I think would be a very well-received request by you and probably one that wouldn't be on a regular agenda. We might find ourselves on a summary agenda. Some of the concessions, as I said, we limited ourselves to 62 lots. And let me show you a couple of exhibits. This reflects the eastern parcel of land, and this is from our zoning master plan. And what we did was show the definition of where the lots would be. And I have those highlighted in yellow. That's -- that's the area that's the recipient of 62 home sites. After discussions with neighbors, we also committed to some extensive buffers in two areas on our project. Along the northern boundary against Glen Eden we said that we would provide a minimum 100-foot-wide vegetative buffer where we were adjacent to home sites. And you can see on our eastern boundary where we're adjacent to Tarpon Cove, we have made the pledge for the 100-foot-wide minimum buffer. It was asked at our neighborhood information meeting and by others why that 100-foot strip doesn't continue all the way north. And that's because, if you go back to the aerial, they have a several-hundred-foot wide preserve area that separates them from us. COMMISSIONER HILLER: Can you show that to us? Page 44 March 24, 2015 MR. ARNOLD: Yes, I sure can. On the aerial photograph, the area just west of the northernmost homes at Tarpon Cove is part of their recorded preserve. And I believe the relationship from our nearest home to their nearest home is somewhere around 400 feet. COMMISSIONER HILLER: And can you indicate on that aerial where your buffer is for the lower homes at Tarpon Cove? And that's -- how wide is that buffer? That's gonna be -- MR. ARNOLD: 100 feet. COMMISSIONER HILLER: 100 feet. MR. ARNOLD: And keep in mind that the County, your Land Development Code for single-family to single-family projects requires a 10-foot wide buffer. I think providing a buffer that's tenfold what's minimally required I think shows pretty good neighborliness. One of the other comments you had, Commissioner Hiller, we agreed to remove the docks. This was our -- part of our zoning plan where we were going to have docks over by the Aqua and Pelican Isle Yacht Club, and we have removed that from the request. COMMISSIONER HILLER: Yeah, I have a real problem with the docks. And then I think removing them is -- I mean, that is critical. MR. ARNOLD: One of the other significant things we did, in the area that I've highlighted -- and that's part of the finger -- we agreed at the Planning Commission that we would have no residential structures in that. And going back, a little bit of history, originally that was designated to be 100-foot-wide future road corridor, and our neighbors at Glen Eden currently have a 67-and-a-half-foot wide preservation on their property that would be a future county road. It's since been taken off your long-range transportation plan. It was removed from our zoning plan in favor of having what's now going to be no access to U.S. 41 and no residential development there. Page 45 March 24, 2015 COMMISSIONER HILLER: There will be no development of any sort there. No development of any sort? MR. ARNOLD: Correct. COMMISSIONER HILLER: Not just residential. So you're going to eliminate the storage, the maintenance, recreation, and amenity, both from the parcel and from that strip? MR. ARNOLD: That's correct. None of-- COMMISSIONER HILLER: So that there won't be any like storage bins or sheds or -- MR. ARNOLD: That's not to say that somebody might not walk their dog through there if there's a approved trail, but there are no structures to be built there. COMMISSIONER HILLER: Okay. MR. ARNOLD: One of the other large commitments that we made -- and because of scale I'm not able to show it on this graphic -- but we agreed to build a six-foot-wide sidewalk on Wiggins Pass Road, the north side of the road, extending from our project, connecting to the sidewalk that exists at the commercial project at U.S. 41 and Wiggins Pass Road. And that was a significant commitment on the developer's part, but -- but one that the neighbors talked about vehicles and safety and felt that this was the right thing to do. So we have made that commitment, and it's part of our PUD. COMMISSIONER TAYLOR: Excuse me, Mr. Arnold, would you be so kind to show on the map what you're -- where this new sidewalk is going to be placed? MR. ARNOLD: Sure. What I'll do, I'll point from our existing -- Nick, if you don't -- would you mind? If you'll point from the existing sidewalk that's down at Wiggins Pass and U.S. 41. It would be constructed along the north side of Wiggins Pass Road, all the way to Vanderbilt Drive. Page 46 March 24, 2015 COMMISSIONER TAYLOR: Thank you. MR. ARNOLD: So those were I think some very significant changes that we made for getting rid of the golf course component and adding 62 homes. Getting rid of the golf course isn't something that's an idea that Lodge/Abbott had. I mean, you as a county commission have approved a few others in the fairly recent past and more to come, from what I understand. Winding Cypress was a recent example. Sable Bay is not building a golf course as part of their project, and Naples Reserve was another one that came through the process. You know, things have changed. Golf is not the recreational pastime that it was. And things change, people recreate differently. The golf course is obviously another use that -- it's green space, but it uses a lot of water. It requires a lot of fertilizer and pesticides that keep it that green space. And for the green space that some of the neighbors talk about, you know, unfortunately, there's no guarantee that you see any of it. You know, we all drive up Goodlette-Frank Road, and if you didn't know it, you wouldn't know that there are three golf courses on the east side of Goodlette-Frank Road. You just don't see them. So there's no guarantee that you get this view of a well-manicured golf course. What we've proposed is consistent with your Growth Management Plan. We -- we made that finding as part of our application. Your staff made that finding as part of its staff report and recommendation to the Planning Commission, and then the Planning Commission affirmed that what we're asking for was consistent with your Future Land Use Element. Our density is very low, the pattern of development we've proposed is very consistent with what's around us. We have infrastructure in place to support the project. We're consistent with your Conservation and Coastal Management Element. Page 47 March 24, 2015 We have lots of preserve areas, and we're adding more. So we are consistent and we're compatible. And I think when you look at the benefits that the neighbors gain from the commitments that are part of our PUD, and now the commitments that are being made with the deed restrictions, you have a really, really good project, and one that's to me a very benign change for the community. I mentioned the 100-foot-wide road reservation that's being removed from our property but, you know, that does benefit Glen Eden. And I know that a lot of the letter writers have been Glen Eden residents, and they don't want things to change. I did happen to do the amendment to the Glen Eden PUD back in the year 2000, so I know things do change, and sometimes they have to change, but they have a commitment in there to designate 67-and-a-half feet for right-of-way. We had a 100-foot-wide commitment that's being removed. So they've effectively gained their 67-and-a-half feet back as a buffer, if they want to leave it as a buffer. So the separation between us and them is going to be 167-and-a-half feet. I think one of the things that, you know, has been said -- COMMISSIONER HILLER: Can I ask a question? What was the change to Glen Eden when you did a PUD amendment for them? MR. ARNOLD: We made some setback changes for them, for the residential component. COMMISSIONER HILLER: And were any -- you said some of those affected this property? MR. ARNOLD: The PUD -- COMMISSIONER HILLER: The setback change? MR. ARNOLD: Well, the setback change wouldn't have affected certain buildings in Glen Eden. I'm -- I'm using it as an example that things do change. One of the things -- Page 48 March 24, 2015 COMMISSIONER HILLER: Are they gaining more setbacks as a result of what you're proposing? MR. ARNOLD: Effectively, yes, they are. Because otherwise they could have had a county road running within 10 feet of some of the homes. COMMISSIONER HILLER: But that's being eliminated. MR. ARNOLD: Well, it's being eliminated from our proposal. It's still a commitment in their PUD. But it has language that says they don't have to give that until the County asks. And I'm pretty sure the County is not going to ask for that right-of-way. COMMISSIONER HILLER: What -- can you speak to that? MR. CASALANGUIDA: Yes, ma'am. It's not planned to be constructed, not in the short term or in the long-range plan. COMMISSIONER HILLER: So it has been eliminated from our County plan? MR. CASALANGUIDA: It has been eliminated from our County plan. COMMISSIONER HILLER: Short and long term? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: Commissioner Henning, do you have a comment -- or, I'm sorry, a question? COMMISSIONER HENNING: Yeah. Since Commissioner Hiller wants to do away with any future docks, is there any room in this PUD for parking of boat trailers and vehicles? MR. ARNOLD: It would have to be probably somewhere in our recreation tract, unless an individual homeowner had a trailer or boat that they would keep in their garage, subject to whatever other standards the County has for keeping your boat. But we're not providing for a boat parking lot or something. COMMISSIONER HENNING: Isn't that right across from the Page 49 March 24, 2015 Cocohatchee -- or the Wiggins Pass public boat launch? MR. ARNOLD: Yes, it is. One of the things too that -- COMMISSIONER HENNING: That would be a great place for a shuttle, a shuttle for people to get to the beaches of South Barefoot Beach and North Wiggins Pass Park; my opinion. There's -- I mean, Vanderbilt Beach is a disaster trying to get to the state park, people blocking the road for emergency vehicles getting through there and -- COMMISSIONER HILLER: It's terrible. COMMISSIONER HENNING: -- police officers and stuff like that. If we can distribute the load in that area a little bit more widely, like provide a shuttle, boat shuttle from the park, which I talked to the County Manager about, you would relieve that problem you have on Vanderbilt Beach -- no, North Gulf Shore. COMMISSIONER HILLER: Are you thinking of a County boat shuttle, like if we had -- COMMISSIONER HENNING: Well, a private vendor, maybe. COMMISSIONER HILLER: Yeah, I understand, but something operated by the County as a shuttle, like a waterway shuttle to take people from there to the Wiggins Beach? COMMISSIONER HENNING: Correct. There's a private enterprise doing that for Key Island, or Keewaydin, as everybody knows it, that does that for Marco Island. It works out very well. You know, they pay a fee, they get in the boat -- COMMISSIONER HILLER: So are you saying like -- COMMISSIONER HENNING: -- with their grill and fishing poles and things like that. COMMISSIONER HILLER: So are you suggesting keeping like one dock for a public launch? COMMISSIONER HENNING: No, we already have the docks. We need vehicle parking for people to, you know, unload their kids Page 50 March 24, 2015 and fishing poles and grills and coolers of beer and stuff like that. CHAIRMAN NANCE: Are you asking the petitioner, Commissioner Henning, for that? COMMISSIONER HENNING: It's just an open idea. CHAIRMAN NANCE: Mr. Arnold, please. MR. ARNOLD: I just have a couple more visuals to state. COMMISSIONER HENNING: I don't have anything against docks. MR. ARNOLD: A history of these docks, I understand after talking to our neighbors the concern they have. You know, the docks are off the table from our perspective. Some of the neighbors seem to think that a golf course somehow is going to be, you know, this critical wildlife habitat. And I'm not trying to throw anything in anybody's face, but this is a representation of the clearing plan that occurs for a golf course. And the other development. To build a golf course you clear, you fill, you build lakes, you replant grass. And then you fertilize it and water it and it grows into something green. But it's not going to stay that if the golf course -- if this amendment doesn't go through, the golf course, the use we have for two houses, that's what happens when you build a golf course. But what we're proposing results in something like that. And what we've done is taking the illustrative plan that's been prepared for Kalea Bay and inserted the 62 residences on each parcel and you can see I think very visually that we can retain more open space than we can by building a golf course. So with that, again, I remind you we're consistent with your Comp. Plan. We think we brought forward a very good plan, one that makes sense for the neighborhood. Probably better for the environment than a golf course when you look at all the pieces. But with that, I'll close and be happy to answer any questions. Page 51 March 24, 2015 CHAIRMAN NANCE: We have not heard from Commissioner Taylor or Commissioner Fiala. So Commissioner Taylor, please, ma'am. COMMISSIONER TAYLOR: Mr. Arnold, let's just fast forward a little bit in assuming this PUD amendment is not approved and therefore the agreement is not open. Is there any plan to build the golf course? MR. ARNOLD: I don't believe there's an immediate plan. There is a site plan approved to construct it that's active. But I don't think there's an immediate construction schedule. COMMISSIONER TAYLOR: All right. And so would there be any plans to perhaps start the golf course and raze the property and leave it bare? MR. ARNOLD: I'd have to check with our engineer, but I think we have the site plan approval. Site plan is approved which would allow us to move forward to get the clearing plan approved. COMMISSIONER TAYLOR: Do you know how long you have, time of-- I mean, this is speculation, but the time frame you have from razing the land and leaving it bare to building of the golf course, what is that time frame? Do we have any ordinances governing that? MR. ARNOLD: I'm not aware of a specific time frame. I know that for building permits there's specific time frames. And I think under certain other construction standards there are time frames, but I don't know what they are, Ms. Taylor. COMMISSIONER TAYLOR: Okay. Maybe we could find that out. Thank you. CHAIRMAN NANCE: Commissioner Fiala, any comments? COMMISSIONER FIALA: Thank you. I've just been listening intently. And I do want to hear what the audience has to say before I say too much more. But I do want you to tell me just a little bit about the eagle management plan, if you would, please. That's staying in Page 52 March 24, 2015 now; is that correct? And what will that mean to this property? MR. ARNOLD: The project -- and I am certainly not the best person to talk about the eagle management plan; Tim Hall is certainly our eagle expert in the room. But the plan that's been approved allows for construction phasing for five towers. It requires that we start on the south and build north. It allows us to build within a certain distance from the current eagle nest, or should that eagle nest move, that's a different story. But the lands that are being added as preserve would benefit potentially the eagle having more habitat in which to construct the nest. I don't know how much detail you want, but we're offering -- part of the proposal initially was to take out the requirement to construct an artificial tree or try to permit an artificial tree to construct, and we're not going to make that request to be relieved of that requirement. COMMISSIONER FIALA: But you cannot -- I mean, when you've gotten most of your towers finished but you still have that one area with the tree with the eagles, who seem to really like that tree. I have a funny feeling they're not going to prefer an artificial tree. But anyway, that's my own personal opinion. What are you going to do about it when it gets too close to the tree? Do you plan on not building, or what? MR. ARNOLD: I don't know the answer to that. I might have to have -- I mean, we have a permit, and I'm sure Tim Hall can tell you what our permit allows us to do, if you don't mind. MR. HALL: Good morning. For the record, Tim Hall with Turrell, Hall and Associates. Commissioner Fiala, the project right now has a current biological opinion from the Fish & Wildlife Service, the U.S. Fish & Wildlife Service, that actually accounts for the take of that nest, as if the eagles are -- they took into account the fact that they are -- that the possibility exists that the eagles will abandon the nest as the towers encroach or Page 53 March 24, 2015 get closer to it. So that was part of the review and requirements that went on under the original permitting, and that biological opinion does actually allow for the take of that nest. CHAIRMAN NANCE: All right. I would like to make just a few general comments. I have looked at this whole issue in perhaps a little different way than others might have, just because of my professional experiences. And I will tell you, the things that I think are important to me in my decision-making and things that I would like to have openly discussed when we consider this item, with the addition -- I'm going to try not to give Mr. Miller and Mr. Klatzkow a cataract removal with my laser but I just want to eliminate this for the public. With the addition of this little parcel right here which is being added to the Cocohatchee PUD, there is an ecological conservation overlay that extends from part of the Audubon PUD to the north all the way down south through Wiggins Pass and actually down in this area down here. There's a conservation element associated with The Dunes PUD. In my estimation, this marine and estuarian preserve and the park that includes the Barefoot Beach Preserve, which was an effort of both the county and the state, is our most significant marine conservation effort in all of Collier County on the north end. It's certainly -- only thing that compares to it on the south would be Rookery Bay, or similar areas down well south in the county. As a lifelong resident of Florida, I can tell you that I have been on this beach in this area here when it was divided up into little tiny strip lots that were for sale. And but for a lack of utilities, you'd probably see an entire line of homes along that area. So the conservation that started in the early seventies is the only salvation we have. And all of us bear the burden for the loss of habitat in some of the areas. But that Page 54 March 24, 2015 battle and that commitment for development along our coast was fought and determined a long time ago. One thing that we have, though, here is we have many PUDs that have a great deal of density in footprints. And footprints are only one element when you start talking about environmental conservation. But one thing that has a tremendous impact on conservation is golf courses. I work professionally with golf courses. I was a professional horticulturist all my life and a manager with Gargiulo Companies that had many diverse holdings, including developments. I held a restricted use pesticide license for most of my professional career. And what we have are different intensities of input into this area that does affect our environment. To the north up in the Audubon PUD and in Bentley Village over here has a small golf course, but the Audubon PUD has very large golf course entities and is a golf course community. Down to the south just below the Wiggins Bay PUD is the golf course which is the Olde Collier Golf Club. At golf courses there is a tremendous input to be able to maintain them. How many of you have lived in Florida for more than 20 years? A few. How many have always lived in Florida? How many are within the last 10? Most of you. Okay. Golf courses, in my professional opinion, and I've been involved with developing a number of them, are very good green space if you're in an urban environment. They're not really good green space if you're in a natural environment because of the inputs that are required. Naturally Florida in the winter is very dry and very brown. But people that have moved to Florida for its beautiful winter weather have made great efforts to change Florida into something that is green and lush during the winter. This comes at a tremendous cost of inputs that requires extensive irrigation, it requires a tremendous amount of Page 55 March 24, 2015 fertilization to make plants grow out of their normal cycle, and it requires a tremendous amount of pesticides, including herbicides, insecticides and fungicides to keep them looking to a very high standard that people demand on golf courses. I am very, very concerned about this entity we have at Barefoot Beach Preserve and this whole environmental preservation effort that we have across numerous PUDs and the impact long-term from golf courses. I am particularly concerned when a golf course isn't part of a community. And a larger area helps buffer a golf course. When they're inland and they're out in the greater uplands communities, I think -- I'm not anti golf course is what I'm telling you. Golf courses have best management practices and they do the very best they can. But when we're considering a standalone golf course on a 175-acre parcel, everybody knows that within the useful life of that golf course, at least I'm here to testify and tell you, that there will be hundreds of tons of fertilizer applied to that facility in its useful life and it will travel south and west as the water flow does in all of Florida and all the coastal communities that we're talking about, and it will add a tremendous load and a tremendous impact over time to this preservation and natural area, which is the best northern Collier County has to offer, and coincidentally has been identified as one of the finest natural beaches remaining in the United States, second only to some in Hawaii. That is high praise for this preserve here. And I have a great deal of agony and I have a great deal of-- actually, I'm very surprised that very few comments that I've received, and I've received an extraordinary amount of comments from people talking about the value of the environment here, and no one has spoken to me, including the environmental advocacy groups, about the potential impact of having a golf course right in the center between two other golf courses on this coast. And I'm very, very concerned Page 56 March 24, 2015 about that specter. I personally would rather see a low density, low impact use of that property than I would a golf course. And I'm going to say one other thing about standalone golf courses. Standalone golf courses, as the Cocohatchee PUD includes as a use, are many times not permanent. And down the road past the purview of all of us on this board and past the purview of the citizens in Collier County living today, you could see a standalone golf course here redeveloped in the future by another board and by another group of citizens as coastal Florida is redeveloped. And I really hope that we can come out of this today with the lowest impact, the most preserve on this parcel itself, and even more importantly, the very minimal impact to the greater environmental area. And I'll stop now and I'll go to Commissioner Hiller. COMMISSIONER HILLER: Thank you. I think what you said, Commissioner Nance, is very true. In fact, it's my understanding that the EPA has ranked golf courses as the number one source of groundwater contamination second to -- first actually, with as I understand, cemeteries being second. And I am very, very concerned about a golf course. I have been very concerned about all the chemicals that leach from golf courses. I can't believe that the previous board would even have considered a golf course. I'm even more concerned with the possibility of open space with like a total clearing of that land, which is what would be permitted because it's allowed as open space. I mean, that is another major concern of mine. But I really thank you for bringing that forward, because it is a concern of mine. Whether it's completely cleared or whether it's converted into a golf course, both are very negative. But one point I had not considered that you raised is the issue that it could be converted down the road without any development there Page 57 March 24, 2015 now into high-rises, as was proposed. And one of the things I would like to see is what staff has evaluated. And I want a full evaluation of all the densities. And I'd like to know -- I'd like to have staff speak before the public speaks. I'd like their full presentation, and I want them also to include a summary of the findings of the Planning Commission. One of the things I asked for is a density map. And I received that from staff, and I want to make sure everybody has it. I think all the other Commissioners have it, but I want to show it on the record. Because what you say is a big concern. For example, the development immediately to the north of the -- of this particular proposed project, which is the Village Place PUD -- what's the name of that homeowner's association? MEMBER OF THE AUDIENCE: Glen Eden. COMMISSIONER HILLER: -- Glen -- has a density of four units per acre. Tarpon Cove has a density of four units per acre. Wiggins Lake PUD has a density of 4.91. And these are just -- CHAIRMAN NANCE: Commissioner Hiller, can I ask your indulgence? Can we put this on the overhead? And I've been prompted kindly by Commissioner Fiala that our court reporter is in need of a break. COMMISSIONER HILLER: Sure, let's take a break. And maybe -- CHAIRMAN NANCE: And then Commissioner Taylor, your comments, ma'am, immediately thereafter. COMMISSIONER HILLER: And can we please have staff give a full presentation before we go to public comment? CHAIRMAN NANCE: Sure, absolutely. Let's include that. We will take a 15-minute break and we will return at -- well, a little more, we'll return at 11:00. (Recess.) Page 58 March 24, 2015 CHAIRMAN NANCE: I want to give everybody a couple of minutes to take your seats, please, ladies and gentlemen. MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, if you'd please take your seats. CHAIRMAN NANCE: Commissioner Hiller is going to return directly. I think we have a little map to put on the overhead; is that not correct, Mr. Ochs? MR. OCHS: Yes, sir. CHAIRMAN NANCE: It will help facilitate discussion. And I think we can proceed with Commissioner Taylor's thoughts. COMMISSIONER TAYLOR: Just in -- I'm sorry Commissioner Hiller is not here, but it's my understanding, Mr. Attorney, that there's nothing that can be built on this property, this golf course property, unless we agree that, and take a vote, I believe of three votes to open the whole settlement agreement; is that correct? AUDIENCE: Four votes. MR. KLATZKOW: Yes, essentially correct. You could vote not to reopen the settlement agreement on three votes. COMMISSIONER TAYLOR: On three votes. And therefore going forward, this will -- whatever commission sits up here, nothing but a golf course or to leave it like that will be -- or leave it as an open space could be built or managed or changed on this property; is that correct? MR. KLATZKOW: If I understand your question, if this application is turned down today, there would be nothing preventing a future application to do something else with this property. COMMISSIONER TAYLOR: That's correct. But with -- before anything is decided, anything else but a golf course on this property, there has to be a vote to open up the settlement agreement. MR. KLATZKOW: Yes. COMMISSIONER TAYLOR: Okay. So what I'm saying is a Page 59 March 24, 2015 future commission, anyone can bring any plans for anything to go on this golf course, but until that settlement agreement by a vote of three is opened, it stays the way it is. MR. KLATZKOW: Correct. COMMISSIONER TAYLOR: Thank you. And Mr. Casalanguida, I asked you a specific question technically about the golf course and what could be done going forward, assuming that a golf course is planned and started here. Could you please give me the time line? (At which time, Commissioner Hiller returns to the dais.) MR. CASALANGUIDA: Yes, ma'am. They have 36 months once they start construction, and they could apply for two 2-year extensions. COMMISSIONER TAYLOR: Three years plus two plus two. That's seven years. MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER FIALA: That's from the date it's started, the construction has started? MR. CASALANGUIDA: Site plan is approved. COMMISSIONER FIALA: Do they have a limitation as to when the construction must begin? MR. CASALANGUIDA: No, ma'am, they could begin, they could wait for the full three years before they start construction and seek an extension. COMMISSIONER TAYLOR: All right, thank you. MR. OCHS: Sir, would you like to hear the staff presentation? COMMISSIONER HILLER: I would like to. CHAIRMAN NANCE: Yes, please, sir. MS. DESELEM: Good morning, again. For the record, Kay Deselem. I am with the zoning department. And I would ask that I along with any other staff persons that speak to you today be accepted Page 60 March 24, 2015 as experts in our particular field, whether it be water, stormwater and drainage or environmental or in my case planning and zoning. In the packet of information you had, you received a copy of the staff report from the Planning Commission which was rather detailed and went into all the changes that were proposed, both in the original submittal and in the subsequent information submittals. And you have before you the executive summary that summarizes the positions of staff. And we have provided to you the Growth Management Plan impacts. And in the staff report there are the findings and conclusions of law to support staffs recommendation. And our recommendation is that if you decide to open the settlement agreement and proceed with the rezoning, that staff does concur with the Planning Commission recommendation. We find that this is both consistent with the Growth Management Plan and is compatible and we do recommend approval. In the executive summary, in answer to Commissioner Hiller's question, there is a summary of the issues that were raised by the Planning Commission and those have been resolved and included in the PUD document. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. Kay, thank you for your presentation. I would like to specifically address two issues that have been raised as concerns by constituents, and I want your response, or whichever staff member is the expert in the matter, to respond on the record. And the first issue is I want assurances that if these homes were to be developed, these 62 homes were to be developed, that there is no adverse impact on Tarpon Cove with respect to water, that it wouldn't displace water and that there wouldn't be any type of flooding or any other sort of adverse water flow related impact on the properties. And if you'd put the overhead -- if you would put on the overhead Page 61 March 24, 2015 -- I'm not sure which is the appropriate picture. But there is between the property -- if you would point to, Kay, if you could please take your pointer and highlight where Tarpon Cove is? Is it -- is it Tarpon Cove? That's the proper name of the -- CHAIRMAN NANCE: It's just east. COMMISSIONER HILLER: Right, it's just east of the property. Right. I want to make sure that there is no water that will flow as a result from this development into Tarpon Cove. MS. DESELEM: For that purpose we have Jerry Kurtz who is with the Stormwater and Drainage Department. And he can help address your question. COMMISSIONER HILLER: Thank you. MR. KURTZ: Good morning, Commissioners. Jerry Kurtz for the record, your Stormwater Management Planning Manager. We've looked at the plans repeatedly with the designer and we have no concern about runoff from the proposed development adversely impacting Tarpon Cove at all whatsoever. And I can handle more questions, if you want to -- COMMISSIONER HILLER: Yeah, and just for the benefit of the members of the public, I actually went out physically to that location with our staff and with residents of Tarpon Cove that live on those properties immediately abutting that border. And you have inspected that area in particular, subsequent to that visit? MR. KURTZ: Yes, ma'am. COMMISSIONER HILLER: And you have concluded that there is no drainage or water flow issue that could in any way impact those homes or that Tarpon Cove development. MR. KURTZ: That's correct. COMMISSIONER HILLER: So that's my first question. And you may be called upon later, but I just want to make sure that that was addressed, because that was a concern of mine. Page 62 March 24, 2015 The other -- I don't have any further questions for you, Mr. Kurtz. MR. KURTZ: Okay, thank you. COMMISSIONER HILLER: Kay, the other concern that I have had and that residents have expressed, and I want to be absolutely sure of this, the first thing is I want to be absolutely sure that at no time will there be any access road onto -- well, there's only going to be -- let me restate that. I want to make sure that there will be no other ingress or egress from this development other than on Wiggins. MS. DESELEM: As I understand it, this is what the master plan shows. And without a public hearing of some sort to address it, they couldn't add another access point, whether it is a PDI or a PUD amendment or something, but action required of a public hearing would be -- COMMISSIONER HILLER: On the flip side of that with only one ingress/egress point for this project, I want assurances that if these homes were approved that there would be no evacuation issue in the event of a hurricane that having 60 homes, that they could readily exit through that and that there wouldn't be any sort of stoppage, that that one access point is sufficient for hurricane evacuation or some other sort of emergency evacuation purpose. MS. DESELEM: I admit that I am not an expert in hurricane evacuation issues. I will say -- COMMISSIONER HILLER: Or emergency evacuation. Anything related to where, you know, a large number of people would have to exit that -- MS. DESELEM: Noting that this is a very low density parcel, I don't anticipate as a planning issue that that would be a problem. COMMISSIONER HILLER: Nick, could you address that? MR. CASALANGUIDA: Yes, ma'am. At 61 units that would far exceed any issues in terms of safety. There would be plenty of capacity for a two-lane road access on the local collector at Wiggins Page 63 March 24, 2015 Pass. COMMISSIONER HILLER: Can you state your name for the record. MR. CASALANGUIDA: Nick Casalanguida. COMMISSIONER HILLER: And what your position was when you reviewed this? MR. CASALANGUIDA: I was the Transportation Director at one time and when I reviewed it I was the Growth Management Division Administrator. COMMISSIONER HILLER: And I have a concern, because -- and I raise it because we have had problems with developments where we only have one ingress/egress point, and I don't want to see that happen with bigger developments in the future. It's a big problem. But this one, if you say that this is low enough density that it's not an issue, I just want assurances that there will never be any other ingress/egress out of that project, and that would be used as an excuse. MR. CASALANGUIDA: No, ma'am, no access to 41 would be recommended for a 61-unit development. It would always be a local road which is Wiggins Pass -- COMMISSIONER HILLER: Okay. MR. CASALANGUIDA: -- which has adequate capacity to carry 61 residential units. COMMISSIONER HILLER: Now, the other issue that I want to address with respect to transportation, and again, I'd like you to confirm this, there was a certain volume of transportation -- there was a certain volume of trips that would have come off of this property were it to be developed as a golf course, and it would have been a public golf course. But privately owned, not a county golf course, just to clarify that, when I say public. Did you confirm that the trips that would be generated by this number of homes would be equivalent to the other? Because I don't Page 64 March 24, 2015 want to see additional traffic that would burden this corridor beyond what was previously approved and what was expected. MR. CASALANGUIDA: I reviewed what Mr. Trebilcock, a professional engineer, provided, and I agree with his analysis that -- COMMISSIONER HILLER: Can you speak into the mic? I can't hear you. MR. CASALANGUIDA: Sony, ma'am. Mr. Trebilcock, their engineer, provided a traffic comparison study between a golf course and a residential development, and it is not more impactive as a residential development than a golf course is. COMMISSIONER HILLER: So there's not going to be any more traffic impact on these roads. Now, the other thing I want to make sure, and this is -- we've talked about the buffer to the north and to the east. I want to make sure there's an adequate buffer to the west. What is the buffer to the west? MS. DESELEM: I do not see -- for the record again Kay Deselem. It is a 20-foot wide Type D landscape buffer. COMMISSIONER HILLER: Is that what is required in the Land Development Code for this type of project at this location? MS. DESELEM: Yes. COMMISSIONER HILLER: And what is a Type D buffer? MS. DESELEM: A Type D buffer -- as you can see from the exhibit that's shown, the Type D buffer includes a double row of hedges and trees 30 foot on center. And that's typically what's required of a county road of this capacity. COMMISSIONER HILLER: And how high would the hedge be? MS. DESELEM: 24 inches at time of planting. COMMISSIONER HILLER: Well, that's at the time of planting. But I want to know what the ultimate height would be. In other words, Page 65 March 24, 2015 what would the minimum be when these plants grow? MR. CASALANGUIDA: 36 inches. MS. DESELEM: I'm sorry, I couldn't read it, I had to go over here. It's to be maintained at 36 inches. COMMISSIONER HILLER: I would like to see it higher. MS. DESELEM: If that is your recommendation, that can be included in the PUD document. COMMISSIONER HILLER: I mean, what do we typically do? Because, you know, I think it's very important that anything done along that corridor continues to maintain it -- you know, to visually keep it looking green. MS. DESELEM: We get into issues with line of sight as well at corners, so that's typically why you maintain them at 36 inches, so that cars can see as they make turning movements. COMMISSIONER HILLER: Okay. Can you go back to -- and maybe I didn't -- how far are the houses from these trees? MS. DESELEM: In the PUD document that I have, it's not really to the point that you could scale it, because it doesn't show enough detail. But if it's at a scale of one-inch equals 800, I'm going to -- it's a guess at like 300 feet. COMMISSIONER HILLER: 300 feet? MS. DESELEM: But perhaps the applicant can address that because he has more detailed plans than I do. COMMISSIONER HILLER: I just want to make sure that it's as green as possible along the west side. CHAIRMAN NANCE: Commissioner Hiller, I think that's greatly influenced by the relocation of Vanderbilt Drive, which kind of impacts the edge of that property there. Because there's an area where the road was relocated. So some of that is going to have to be managed by the applicant. Page 66 March 24, 2015 COMMISSIONER HILLER: Nick, can you explain that? I'm missing something here. MR. CASALANGUIDA: Ma'am, if you're asking to make this more opaque and increase the buffer, you could go to a Type C or Type B and increase the tree and not impact sight distance at the corner, if that's what you're asking. COMMISSIONER HILLER: Yeah, that's what I'm asking. I want to make sure that it's -- CHAIRMAN NANCE: And that's got to be desired also by the developer. COMMISSIONER HILLER: What's that? CHAIRMAN NANCE: It's certainly going to be desired on the part of the developer as well on the back of that project. There's going to have to be significant restoration along that because of the relocation of the road. And I think maybe the aerial will -- COMMISSIONER HILLER: So what would be -- so Nick, what would be -- CHAIRMAN NANCE: -- demonstrate that. COMMISSIONER HILLER: Yeah, how can you make it more opaque? What would be -- MR. CASALANGUIDA: Well, ma'am, I'm certainly not the landscape expert, but looking at the diagram that's on the viewer, the Type C buffer, the trees are staggered and it's 60 inches high at planting, four inches on center. And obviously with trees being staggered the way they are you would have a more opaque canopy between the road and the development. And I don't think the developer may have heartburn with that, but that's up to them. COMMISSIONER HILLER: I think maybe we should ask them, because I think it's important for it to be opaque. CHAIRMAN NANCE: Mr. Ochs, can you put the aerial back up there just for a moment? Page 67 March 24, 2015 COMMISSIONER HILLER: Yeah, I must be -- am I missing something, Commissioner Nance? CHAIRMAN NANCE: That's an overlay. Just can we have the overlay of the existing property as it exists today without the overlay on top of it? I believe we might have one. COMMISSIONER HENNING: A lot of native vegetation is there now. CHAIRMAN NANCE: You see, Commissioner, right here where this road was relocated? COMMISSIONER HILLER: Where? CHAIRMAN NANCE: Right here. The road was relocated. That's going to require some restoration on the part of the applicant to make it look the way everybody wants it. Because that Vanderbilt Drive was relocated. If you've been by there recently, you know -- COMMISSIONER HILLER: Yeah. CHAIRMAN NANCE: -- what it looks like. And I'm sure that that restoration and mitigation would be part of what is desired by everyone. MS. DESELEM: If I might augment that, in reading an excerpt from the Land Development Code, when it describes Type C, it says that it's a 25-foot wide opaque within one year landscape buffer. So that might help address your concern more. COMMISSIONER HILLER: Uh-huh. I don't know that -- it's just something that I think -- I mean, we want to keep that corridor as green looking as possible. MS. DESELEM: It's whatever direction you give us and what goes in the PUD document. COMMISSIONER HILLER: Could we hear from the developer's representative as to whether, you know, making it more opaque would be an option? Page 68 March 24, 2015 MS. DESELEM: Sure. MR. ARNOLD: For the record, Wayne Arnold. And your request is whether or not we can make the buffer taller and more dense, typical of a Type C? COMMISSIONER HILLER: Uh-huh. MR. ARNOLD: And I think the answer is yes. COMMISSIONER HILLER: Okay. I think that's important. Kay, can you go back to the Planning Commission and tell me -- for the benefit of the record and the benefit of those who have not heard what the Planning Commission decided, they did approve it, but I would like the -- their conditions listed, and I would like again reaffirmation that everything that they requested was done and included in this petition before us. MS. DESELEM: Certainly. On Page 4 of the executive summary it tells you that the Planning Commission heard this petition on December 18th. And by a vote of 4-1 supported the motion with the following recommended stipulations: One: The guest suites are limited to a maximum of 30 for the entire PUD. In the AR tract, principal and accessory uses shall be set back a minimum of 100 feet from the north property line. Number three: The maximum amount of preserves that can be used for passive recreation use is five percent. Four: Lights in the tennis court shall be flat panel, full cut-off shields. Five: Tennis courts shall only be used during the hours of 7:00 a.m. to 10:00 p.m. Six: Guest suites and cabanas shall only be listed as accessory uses throughout the PUD. Number seven: The eagles nest location plan shall be added to the Bald Eagle Management Plan. Page 69 March 24, 2015 Number eight: Remove item B-2, Roman numeral I, II, III, and Section 3.4 regarding outdoor recreation facilities. Number nine: Delete the accessory height reference in the development standards code. Number 10: In Section 6.7, transportation, delete Item 10 regarding noise mitigation. Number 11: In Section 6.7, transportation, Item F, change reference to C.O. at building to C.O. at unit. Number 12: In section 6.8, utilities, delete section A, B, C and D. Number 13: Delete section 6.10 through 6.12. Number 14: The owner shall obtain private utility company letters of no objection for use of the utility easements for the CUE purposes. And finally, number 15: The owner shall modify off-site discharges from existing basin to redirect to southwest corner near intersection of Vanderbilt Drive and Wiggins Pass Road. And I can attest that I along with several other staff members, including a representative from the County Attorney's Office, has reviewed the PUD documents that's proposed for you today, and we have confirmed that those changes have indeed been made. COMMISSIONER HILLER: Thank you. MS. DESELEM: If I may add one other thing to my presentation. In the process of going through this particular petition, there's been numerous emails and petitions submitted, and it is my hope that I got all of them loaded into the information for the Board. But in the off chance there may have been some that were admittedly not provided to you, for that I do apologize, but I've tried to include them all. At one time we had 62 different attachments to this item in the Sire system, so then we tried to combine them all into one. So I hope in that effort that we did get everything, just so you know. COMMISSIONER HILLER: Thank you. Page 70 March 24, 2015 Have you answered all questions of the public on any technical issues that they raised? MS. DESELEM: I've certainly tried to. I think I did. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: All right, Commissioners, seeing no other interest in commenting at this time, would you like to proceed, Commissioner Taylor? COMMISSIONER TAYLOR: Yes, I have one question of our County Attorney. As it takes a vote of three to open the settlement agreement and a vote of four to approve this particular plan, once this settlement agreement is opened, if it's opened, does that weaken it for future commissioners saying it was opened once, it can be opened again, and it doesn't have as much weight as it would if it was not opened going forward? MR. KLATZKOW: No, I don't think so. COMMISSIONER TAYLOR: No? All right, thank you. CHAIRMAN NANCE: Any further comments? (No response.) CHAIRMAN NANCE: If not, Mr. Miller, let us -- let's begin with public comment. How many do you have, sir? MR. MILLER: I had a little bit drop out and additions, you know, with some of the petitioners listed. As near I can tell, we have 48 speakers today, sir. CHAIRMAN NANCE: We have 48 speakers. Traditionally the Board of County Commissioners has allowed each speaker three minutes to make their comments, and we'll be taking comments at this time on both items, any comments that you wish to make on what we've discussed so far. And also 12.A. You may cede your time if you have an individual that you think can present your opinions and you would like to cede them your time, Page 71 March 24, 2015 you may do so. You must be in attendance at this time to cede time to someone else. You -- also in the process, we certainly want to receive everyone's comments, but if you have -- if you hear a number of comments made by others and you agree with them and you would just like to state your name for the record and the fact that you agree with them, obviously you don't have to restate those comments over and over and over, because we're going to have a very ambitious period of time for comments. So is there anyone that would like to cede their time to another at this time so Mr. Miller can organize the public comments? MR. MILLER: Mr. Chairman, I have several who have already done that in advance. And if it comes up during this, certainly they can let us know. CHAIRMAN NANCE: All right, sir, then let's begin. MR. MILLER: We'll remind everyone, we'll be asking speakers to use both podiums. I will call the current speaker and the next speaker in line. Please state your name for the court reporter when you begin. Our first speaker is Carl Stendahl, and he'll be followed by Anna Duncan. COMMISSIONER HILLER: Commissioner Nance, can I just make one point of clarification? That the speakers speak -- since we're still part of this hearing, that we are speaking now to what is being proposed, not to the settlement agreement, that we're going to have a separate public comment period for the settlement agreement. CHAIRMAN NANCE: No, ma'am, we are not. COMMISSIONER HILLER: Oh, we're having it all now? CHAIRMAN NANCE: These items are being heard concurrently. They're speaking to either -- if they want to make a comment on one or the other -- Page 72 March 24, 2015 COMMISSIONER HILLER: But we're going to have one vote and then we're going to have the next vote. CHAIRMAN NANCE: Yes, but we're speaking on it concurrently as a board and as a public. COMMISSIONER HILLER: Okay, so you're going to have -- CHAIRMAN NANCE: We're not going to recycle around and comment again. COMMISSIONER HILLER: Oh, you're only going to let them speak once? CHAIRMAN NANCE: Yes, ma'am. COMMISSIONER HILLER: Okay, I thought you were going to let them speak twice. CHAIRMAN NANCE: No, ma'am. COMMISSIONER HILLER: All right. Well, I guess you're only going to get -- so just everybody needs to understand, you're only going to get to speak once, so make sure you say everything you want to say that one time. I thought you were going to get to speak twice, but the Chair has said no. MR. MILLER: Mr. Stendahl? MR. STENDAHL: For the record, Carl Stendahl. Why open the PUD? Collier County Commissioners are about to vote to open the Cocohatchee Bay planned urban development, the PUD. Why would they want to open it and who will benefit? The PUD is sealed by a 2008 court settlement. In 2005 Lodge/Abbott's plan to build on 600 plus acres of native Florida wetland on Vanderbilt Drive and Wiggins Pass Road in North Naples was not approved by the Collier County Commissioners. Lodge/Abbott sued in 2005, and after a two-plus year court battle costing Collier County millions, a legal settlement was reached to end that lawsuit. The settlement gave the developer more than originally asked for, including rezoning about one-third of the land as golf Page 73 March 24, 2015 course. In the settlement terms, a golf course is built but the land remains green forever. The developer cannot sue the county as long as the PUD remains in place. In May of 2014 plans were to build 285 housing units on the golf course land. Residents of North Naples voiced strong concerns over this plan. Current plans are to build 62 houses on the golf course land. If the PUD is reopened, the developer is free to submit any new plans, and if the plans are not approved, the developer would be free to sue again. The December 18th, 2014 Collier County Planning Commission meeting opened with County Attorney Klatzkow saying any changes must benefit the people of Collier County. During that meeting I listened for the benefits for the people, but I never heard any articulated. The question remains: Who benefits if this PUD is opened? MR. MILLER: Your next speaker is Anna Duncan. She'll be followed by David Cressy. MS. DUNCAN: Again, my name is Anna Duncan, and I live at Glen Eden on the Lakes. Three words stood out at me as I looked at the mission statement and guiding principles for the Collier County Commissioners. Those words are knowledge, stewardship and accountability. Regarding knowledge: Viewing in person the east parcel of the Cocohatchee Bay PUD on Vanderbilt Drive and Wiggins Pass Road rather than deciding its future from looking at a diagram or drawing is knowledge critical to determining its future. Kalea Bay, currently under development on the west parcel of the PUD, looked much the same as the eastern parcel. Now it is mostly barren in preparation for 10 or more years of construction on five high-rise condo buildings that will add 590 luxury waterfront units to this coastal high hazard flood zone. Page 74 March 24, 2015 Regarding stewardship: The east parcel is one of the few remaining natural habitats and preserves in this area. Careful and responsible management of this natural resource is entrusted to your care. Our hope is for it to remain a natural resource. Regarding accountability: Please hold Lodge/Abbott accountable to the terms of the 2008 court settlement agreeing to leave the east parcel of the PUD forever as green open space, if the then proposed golf course is not built on that land. In exchange, extra units were allowed to be added to the high-rise buildings on the west parcel of the PUD. Now the developer proposes to build an additional 62 units on the east parcel. Those units have already been added to the west parcel in the 2008 settlement agreement. Commissioners, as the elected chief legislators of Collier County and our representatives, the fate of this land depends on your commitment to the values of knowledge, stewardship and accountability. Please do not betray the public trust. Vote no to reopening the 2008 settlement. Thank you. MR. MILLER: Your next speaker is David Cressy, who was ceded three additional minutes from William Noyes. Mr. Noyes, can you indicate your attendance, please? MR. NOYSE: Yes, right here. MR. MILLER: Thank you. He will be followed by Joe Wood. MR. CRESSY: Good morning, Commissioners. My name is David Cressy and I reside with my wife Elizabeth at 14664 Glen Eden Drive. I've lived in the North Naples area for the last six years. Very recently I had something of a personal epiphany related to the issue of Lodge/Abbott's request to reopen the 2008 Cocohatchee Bay settlement agreement, to receive further concessions from the county, to renege on past agreements and to build some 62 additional Page 75 March 24, 2015 luxury homes on the eastern side of the development site. I moved from a sense of resigned acceptance to his proposals to complete and absolute opposition to the reopening of the settlement. And here's my story. On May 2nd, 2014, about six weeks after the developer's first disastrous neighborhood information meeting held to explain his request for the 280 new dwelling units and other concessions on the east side of Vanderbilt Drive, I and about 20 other so-called community leaders were invited to attend a meeting at the North Naples government center that was hosted by Commissioner Hiller. At that meeting the developer unveiled his revised proposal that you see before you today. In addition to the developer, Commissioner Hiller and representatives of the planning department commented on the proposal. I left the meeting with a sense of resigned relief, believing that this new proposal, though still flawed, was a significant improvement over the earlier one. When I returned to Naples in September, I witnessed firsthand the initial phases of the development on the west side of Vanderbilt Drive. It was massive in scale and it was distressing to watch as this large swath of natural vegetation was clear-cut down to the mangrove swamp that borders Cocohatchee Bay itself. It provided me with a different and very distressing vision of the future. I decided to read the actual 2008 settlement agreement. I studied its history, I listened to present and former members of the county commission. I wrote to each of you asking that you obtain a solid ironclad agreement that this development would end with this last 62 homes. I heard from the County Attorney that there are no guaranties, that every developer has the right to return and to request modifications to his proposals without limit. And I became increasingly alarmed. I looked for those guaranties. I asked for them at the most recent Page 76 March 24, 2015 neighborhood information meeting. I even met with the developer and he provided us with his carefully drafted proposed declaration of covenants as his evidence of good intent about this project. And I heard a little bit more about further modifications to that today. I asked that it be reviewed by legal counsel. And in the end I determined that as a deed restriction it would not be enforced by the county. What I was seeking and what I had asked for you to obtain was an accommodation with the developer that was guaranteed to end here. Unfortunately it was not to be. All of this effort brought me to my epiphany; that is, my complete change of heart. It turns out that the history of this development in Collier County is large on the face of his previous projects, the developer's previous projects. I have learned that we must now live with his five new west side towers, and with the deal that was made in 2008 to increase the height of the northernmost tower by some two stories, the result of his trading away and removing all density excepting two estate homes from the eastern portion of this project. So now you and I will shortly be living with that deal, no matter what we do here today. And with a half a mile long wall of bricks and glass that it will create, five buildings, four of which will be the height of a typical 23-story structure with setbacks about half of which are normally allowed, giving our neighborhood the unfortunate look of Miami Beach. (Applause.) MR. CRESSY: Those 590 dwellings will bring even more traffic to our already heavily impacted neighborhood roads. To me the developer's past actions do not instill either trust or confidence in his word. I implore you to make him live up to his side of the 2008 bargain. It was a hard fought agreement, and like all agreements it included Page 77 March 24, 2015 concessions from both sides. Why change it now? Why further appeasement? How many bites of the apple does he get before you say enough is enough? For each of you Commissioners it is a matter of both public trust and the integrity of county government. I urge you to vote no on this proposal. Thank you for your consideration. CHAIRMAN NANCE: Your next public speaker is Joe Wood. He'll be followed by Elizabeth Cressy. MR. WOOD: My name is Joe Wood, and I've lived at 669 Mainsail Place in Tarpon Cove for 11 years. I'm the president of the Cayman Homeowners Association, which is a Tarpon Cove neighborhood closest to the planned Kalea Bay development. We are separated by a drainage canal that is our focus of concern, should this project move forward. The way things exist now, when tropical storms occur the canal brings massive amounts of water from the Lee County -- from Lee County in a ditch system along old Highway 41 through Tarpon Cove with insufficient opportunity for the water to exit past Wiggins Pass Road. The excess water then flows across the Kalea Bay property toward Vanderbilt Drive. This has been witnessed by many, including myself, and is documented in writing by former Commissioner Frank Halas and Collier County Engineer Robert Wiley. They've seen it, they saw it, it's been there, ifs not even a question. There's no question about it, there are some people from Tarpon Cove who have just not lived here long enough to see it. Now the plans for Kalea Bay call for a berm to be built along the west side of the canal. That will prevent overflow water from going there. That's understandable. We have a specific solution and request of the Board of Commissioners and the developer. Our solution and specific request is this: Install a 48-inch culvert on the north side of Wiggins Pass from Page 78 March 24, 2015 the canal down to the corner of Wiggins Pass and Vanderbilt Drive where Lodge/Abbott is planning to install a 70-inch culvert to the Cocohatchee Bay. This should be paid for by Lodge/Abbott and installed under the sidewalk that they are installing. Now, while I was initially opposed to reopening the 2008 settlement, like a lot of people are, I was on that side for a long time, I have asked the County Commissioners to do something through Tarpon Cove to enhance the whole community, and I am asking that this be done as our final request. And if you do this, this will gain my support and many in the Tarpon Cove Cayman neighborhood of people. And thank you very much. CHAIRMAN NANCE: Thank you. I'm going to -- MR. WOOD: I wanted to say one thing. I disagree with the Engineer Kurtz who said that there is no water problem. There is a water problem. I've lived there a long time, I've seen it, and it is there. CHAIRMAN NANCE: Just stand by, sir, one moment. I did not notice that Commissioner Taylor wanted to make a comment, so I'm going to take her comments and then I'm going to go to Commissioner Hiller. COMMISSIONER TAYLOR: The time's passed. It's fine. CHAIRMAN NANCE: I apologize, ma'am. Commissioner Hiller? COMMISSIONER HILLER: Thank you. I would like to address your comments, and thank you very much for taking the time to speak and for all the work you have done in researching this matter. Unfortunately during the course of the study of the impact of this development something came to light which is adverse to Tarpon Cove. And what was determined -- and Mr. Kurtz, would you come up here? Where are you? If you would. What was found is that unfortunately WCI improperly filled in Page 79 March 24, 2015 the canal on Tarpon Cove's side and basically built out the embankment beyond what was permitted by the Water District. And it was done illegally without a permit. So what happened was when WCI turned over Tarpon Cove to the homeowners association, the homeowners association inherited this issue, notwithstanding the fact that Tarpon Cove illegally built up their side of that canal that runs between the Kalea property and the Tarpon Cove property. Mr. Kurtz has determined that there would be no adverse impact with the development of these homes. Now, unfortunately -- Mr. Kurtz, could you come to the podium? The issue now is what are we going to do about Tarpon Cove, given that we have the knowledge that Tarpon Cove illegally without a permit built up their side of the canal? Mr. Kurtz, what are we going to do about that? And also, I would like you to address whether -- it's Mr. Wood, right? MR. WOOD: That's right. COMMISSIONER HILLER: Wood or Woods? MR. WOOD: Wood. COMMISSIONER HILLER: I want to make sure it's correct for the record. It's Wood, not Woods. I need you to -- you know, Mr. Wood has a suggestion. Is that suggestion of building under the sidewalk -- and this is the first I've heard of this proposal in the context of this information that we have about the canal being illegally built up on the Tarpon Cove side. Is it necessary -- I guess let me restate that. First question is now that we are aware, do we have a duty to report this information? Do they have a duty to go and pull a permit after the fact and have it inspected to make a determination whether there's any adverse impact? And then the second question I have is, is the recommendation Mr. Wood has presented of adding a culvert underneath the sidewalk necessary in light of your findings? I'd like all of that on the record. Page 80 March 24, 2015 MR. WOOD: Ma'am, could I add one thing? COMMISSIONER HILLER: Yeah, go ahead. MR. WOOD: I'd like to answer your first -- COMMISSIONER HILLER: Let Mr. Kurtz. Because remember, he is deemed an expert, and he is the water -- he's our stormwater engineer for the entire county. And this is a legal hearing. So we have to allow him to speak as the expert first and then go ahead and comment on what he says after he speaks, if you don't mind. MR. KURTZ: Jerry Kurtz, for the record. The filling in of the eastern side of the FDOT ditch definitely reduced the conveyance capacity of the ditch. Fortunately the ditch is overdesigned, over-sized or designed adequately to handle a design storm of a huge capacity. When it happened, we watched it, and since then subsequently we've been observing how it's performed. And it's performing fine. So our current recommendation is to just leave it alone, leave it as is. COMMISSIONER HILLER: That would be great. MR. KURTZ: And it's been working fine over the years. I've personally been watching it for over 15 years, so -- as well as the downstream conveyance. COMMISSIONER HILLER: Do we need to get approval of that from FDOT or the Water Management District or any other regulatory body? Who permitted that canal in the first place? Was it FDOT? MR. KURTZ: It was FDOT. It was originally constructed by FDOT. It's the county's ditch today, and so we're regulating it, we're maintaining it, along with Tarpon Cove I believe maintains a small piece of it. But we're watching it. And it's fine. We understand the reduction and capacity, but like I said, it hasn't resulted in any backups. COMMISSIONER HILLER: And with the -- if these homes were to be approved, there wouldn't be any problem? MR. KURTZ: The proposed plan is very robust. It actually is Page 81 March 24, 2015 diverting one-third of the watershed away from the ditch. So there's a diversion. The plan is solid; we've evaluated it over and over. It was originally planned to intercept all the water, or a big portion of the water coming from the north that may currently be dropping into the ditch and divert it to the west, southwest. COMMISSIONER HILLER: So Tarpon Cove will not find itself in a regulatory problem? MR. KURTZ: No. COMMISSIONER HILLER: And it will not find itself with water issues? MR. KURTZ: No. COMMISSIONER HILLER: Okay. And what about part two, which is the request by Mr. Wood to have some sort of a culvert? MR. KURTZ: The diversion, the plan for the project as it sits without the culvert will handle all the flows necessary. The additional 48-inch pipe is not necessary. COMMISSIONER HILLER: So in your professional opinion, the Tarpon Cove Homeowners Association will not have to incur any expense to push the canal embankment on its side of its property back to where it was originally permitted? MR. KURTZ: No, not -- based on my observations, no. COMMISSIONER HILLER: And that no culvert will be needed, notwithstanding that the canal has been narrowed. MR. KURTZ: Correct, no culvert will be needed. COMMISSIONER HILLER: Okay. So there should be no water issues facing Tarpon Cove. MR. KURTZ: That's correct. COMMISSIONER HILLER: And that's your professional opinion? MR. KURTZ: Yes, it is. COMMISSIONER HILLER: Because water trespass is a big Page 82 March 24, 2015 concern of mine always. And you know that. MR. KURTZ: Absolutely. COMMISSIONER HILLER: Because I have had a lot of debates with you over that. Okay. Now, Mr. Wood? MR. WOOD: I disagree with the idea that the 48-inch pipe is not needed. But he has the letters PE behind his name and I do not. I understand that. But I have lived there, I have seen it, I have witnessed it, and time will tell. But I will say one more thing: I've researched the rebuilding of the canal bank. Goes way back to when it was done. And I'll make it very brief,.because I know I'm way beyond my time. But WCI did not build the canal properly according to the PUD when they built it. Collier County Code Enforcement did not make them correct it before they turned the land over. Five years later, because the bank was very vertical, it was eroding the houses, we hired an engineering firm, a professional engineering firm, who made a report, they told us that was a problem. We took it back to WCI. I'm working backwards on this. People in Collier County said, they never got a permit. They didn't get a permit because all they did is put the fill on the side of the ditch to bring it back to the original PUD. So they felt they didn't need another permit, and that's what happened. And what there is now is the slope of the bank, exactly what the original PUD called for. And that's why -- it's a moot point. The houses are protected, there's been no further problem with the houses. COMMISSIONER HILLER: I'm glad to hear that. I'm glad the houses continue to be protected. And I'm glad we don't have to do anything. And it's important that we got all of this on the record for future reference. CHAIRMAN NANCE: Thank you gentlemen very much. Mr. Miller? Page 83 March 24, 2015 MR. MILLER: Your next speaker is Elizabeth Cressy. She'll be followed by Patricia Bonser. MS. CRESSY: Good morning. I'm Elizabeth Cressy and I thank you for this opportunity to speak with you this morning. Integrity: The quality or state of being of sound moral principle, uprightness, honesty and sincerity. Integrity: Being consistent and clear about ethical standards, challenging any system that encourages dishonesty or unethical behavior and does not condone self-serving behavior. Integrity: Provides facts and not smokescreens. Integrity: What the citizens of Collier County expect from the signed 2008 settlement agreement. What does not demonstrate integrity? Lodge/Abbott is deliberately reneging on a legally signed document. Lodge/Abbott is using a bait and switch tactic to acquire one set of concessions and then asking for those same concessions in an additional building project. That's double dipping. Lodge/Abbott is approaching the present County Commissioners and asking them to invalidate the 2008 agreement that was diligently and thoughtfully compiled by former county commissioners. Lodge/Abbott is blatantly reversing their word in the signed 2008 agreement to build a golf course or leave the green space in perpetuity as a green space preserve. As a resident of Collier County I respectfully implore you to uphold the integrity of the 2008 settlement agreement, to uphold what is morally right, and to validate the trust that the citizens of Collier County place in you, our County Commissioners. Thank you very much. MR. MILLER: Your next speaker is a Patricia Bonser. She'll be followed by Ralf Brookes. MS. BONSER: Good morning, Commissioners, and thank you Page 84 March 24, 2015 for your time. And Mr. Miller, you did get my name right. It's Patricia Bonser. I live in the Glen Eden community. I relocated from Boston, Massachusetts with my husband six years ago. After several months, we found property in Glen Eden as the ideal place. It's now been our home for five and a half years. When we purchased our home we understood that the land abutting the community would remain green, as there was an agreement in place between County and Lodge/Abbott, the developer. It deeply saddened me that the developer feels it their right to overturn a legally binding contract, as they have realized there's no financial gain in developing the golf course. Putting the ecological issues aside of putting a golf course in there, I more recently discovered that the number of housing units in the five towers now being built on the west side, which everybody's been talking about already, was increased as part of the agreement to -- the land east of Vanderbilt Drive would remain undeveloped, either as a golf course or, as stated in the agreement, remain forever green. I'm firmly of the opinion that a deal is a deal and the county should not reopen the PUD settlement for the developer to get the land rezoned for housing, which could mean building 62 homes that they propose today, 280 that they proposed last year, or who knows however many housing units once it gets rezoned to be residential. Now, I totally understand that owning 175 acres of land in a highly desirable location and not building on it is far from a good or even viable business proposition. But that is exactly what Lodge/Abbott agreed to in the settlement of 2008. And no doubt with a long-term plan to turn that settlement around as they cannot stand -- they can't make money from a standalone golf course. As a homeowner in Collier County, I place my trust in you, the Commissioners, and have every expectation that our Board of County Commissioners represent the residents and uphold the decision Page 85 March 24, 2015 previously agreed by the Commission to not reopen the PUD. Thank you. MR. MILLER: Your next speaker is Ralf Brookes. Mr. Brookes, if I might, I have three slips from you, but I'm not sure why they're different. MR. BROOKES: They're all the same. I wasn't sure if I needed to put in a different slip for 9 and 12. MR. MILLER: No, I just wanted to clear that up, thank you. And Mr. Brookes will be followed by Jim Schultz. MR. BROOKES: Good morning. My name is Ralf Brookes. I'm an attorney and I'm board certified in city, county and local governmental law. I've represented Sarasota County and Monroe County, which is the Florida Keys, and I've been the city attorney for St. Pete Beach and Pinellas County and Bradenton Beach in Manatee County. The uses -- the residential uses on the east side of Vanderbilt Drive have already been transferred and clustered into the five towers on the east side of Vanderbilt Drive. In 2000 you approved 90 multi-family units in the R-2 area and 20 on the golf course area. Those were all shifted over and those were all put in the five towers where they became very expensive water view condos, millions of dollars. You went from 480 units in those towers or in the project towers on the east side, in 2008 you let them go to 590 units in those towers. You let the fifth tower go from 15 stories to 17 stories. And in exchange you got a preserve area and a golf course area that totaled a number of 91 percent open space for the entire project. That was the deal that was struck in 2008. Now they're trying to double dip. They're coming back, they want the residential project where they already took the units and transferred them off They agreed to move the residential units to the Page 86 March 24, 2015 east side parcels. They agreed to place a restrictive covenant already on the golf course parcel. And it says that if it can't be a golf course -- and they started a golf course, they did not continue it, doesn't look like it's going to be a golf course -- it does say in paragraph eight of the existing settlement agreement to provide restrictive covenants that shall provide that if the golf course development area or golf course use is ever discontinued or abandoned, that all of the GC parcel, including without limitation the entire GC area except for two units shall remain forever as green open space and be limited in perpetuity to the uses expressly allowed in the preserve parcel, which is 5.3. So if they don't use it as a golf course, they can use it for the passive recreation uses, bicycle paths, boardwalks, those kinds of things that are allowed in the preserve. There's a new standard for the review of rezoning, should you review the rezoning. You first have to find the developer has to prove it's consistent with the Comp. Plan and complies with all the procedural requirements of the zoning ordinance. But even if they do, the burden then shifts to the governing board and you can still vote to deny a rezoning, which a PUD is, with respect to the property if it accomplishes a legitimate public purpose. So if there's a legitimate public purpose to upholding the settlement agreement that provides for 91 percent open space on the project as a whole, you can deny. There's a case Palm Beach Polo versus Wellington, 918 So.2d 988 -- CHAIRMAN NANCE: Thank you, sir. MR. BROOKES: -- 2006 that's directly on point. CHAIRMAN NANCE: Sir. MR. BROOKES: I would like for the record -- CHAIRMAN NANCE: Thank you for your comments. MR. BROOKES: -- to note that I am alleging a violation of Page 87 March 24, 2015 procedural due process. I represent many of the neighbors. I have a case out of Miami, Pepper versus Miami that says eight minutes is insufficient for a quasi judicial hearing on a PD. I'd ask for three more minutes. CHAIRMAN NANCE: So noted, sir. No, I'm sorry, we're going to have to move forward. Thank you. COMMISSIONER TAYLOR: I would like to ask a question, please. AUDIENCE: I cede my three minutes. Thomas Lynch. COMMISSIONER TAYLOR: All right, so there's someone ceding. Thomas Lynch is ceding his three minutes. MR. MILLER: Mr. Chairman -- CHAIRMAN NANCE: Do you want to speak to this? COMMISSIONER HILLER: Yes, please, I do. Yeah -- COMMISSIONER TAYLOR: Excuse me, I was asking the petitioner. CHAIRMAN NANCE: Oh, I'm sorry, go ahead. COMMISSIONER TAYLOR: That's the third time today. CHAIRMAN NANCE: I'm sorry, I thought you were -- COMMISSIONER TAYLOR: No, and then a gentleman stood up from the back -- COMMISSIONER HILLER: But you know what? COMMISSIONER TAYLOR: -- ceding his three minutes. COMMISSIONER HILLER: Commissioner Taylor, your light's not coming on. I think there's something -- CHAIRMAN NANCE: Try your light again. COMMISSIONER HILLER: Yeah, I don't think it's working. Now it is. COMMISSIONER TAYLOR: Let's just put it this way: It was twice this morning and the Chair ignored it so I decided to speak up. Page 88 March 24, 2015 CHAIRMAN NANCE: I'm not ignoring you, ma'am. I may be addled, but -- COMMISSIONER TAYLOR: I'm at the end of the road, I know. CHAIRMAN NANCE: No, no, I don't want to do that. Now, now, we have a gentleman that's agreed -- COMMISSIONER HENNING: Sit over here next to us. COMMISSIONER TAYLOR: All right. CHAIRMAN NANCE: -- to cede time. Do you have an additional comment other than have the request to have the speaker continue? COMMISSIONER TAYLOR: No. Oh, no, I was going to ask him some questions to proceed. I was very curious about this case he cited. So I would like him to explain it, please. CHAIRMAN NANCE: Okay, Commissioner Hiller? COMMISSIONER HILLER: Yes. COMMISSIONER TAYLOR: Can I not ask him? CHAIRMAN NANCE: Yes, you may be next. Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: Let me just understand. Are you here, sir, representing a number of individuals here? And are you suggesting that you are going to bring suit against Collier County? MR. BROOKES: That's two different questions. The first question is I represent individual unit owners that are located within the HOAs that surround this project. In the proposed restrictive covenant the developer's attorney brought to you today, and in paragraph three says in no event may any of the individual members of the HOAs be considered benefited parties that can sue to enforce the restrictive covenants that are being proposed to you today. So I'm not representing the HOAs, I'm representing individuals. Diane Rudnow, Judith Palay, many of the other 48, some of who have spoken already and some who will speak. And we're seeking to Page 89 March 24, 2015 enforce the existing settlement agreement. COMMISSIONER HILLER: So are you registered as a lobbyist? MR. BROOKES: I don't believe I have to be to speak at this dais. At this time I have not met with any of you or talked with any of you. COMMISSIONER HILLER: Jeff, does he have to register as a lobbyist to be able to speak with us? MR. KLATZKOW: No. COMMISSIONER HILLER: Okay, thank you. So you're here -- and I'm just -- that's a point of order because normally nobody -- MR. BROOKES: Second question you asked -- COMMISSIONER HILLER: If you don't mind, sir, I'm speaking. For the benefit of the public, anyone who addresses the dais, and the County Attorney just clarified, because this is a public hearing and it's a quasi judicial hearing, you're addressing as an attorney rather than a lobbyist, and that needs to be clarified for the record. You are representing how many individuals? MR. BROOKES: Diane Rudnow, Judith Palay, and we have a whole other list. But there's approximately 20, 25 people. There's going to be 48 speakers today. COMMISSIONER HILLER: And you have -- MR. BROOKES: They'll get up and most of them have legal standing. COMMISSIONER HILLER: And so let me ask you a couple of questions. Are you taking the position that the petitioner does not have the legal right to come forward and petition this board to amend the PUD? MR. BROOKES: My position is in paragraph 21 of the existing settlement agreement. It states that any amendments to the settlement agreement must follow the same formalities as the original settlement Page 90 March 24, 2015 agreement which was required to be approved by a supermajority vote. In addition, paragraph eight says that any removal of the restrictive covenant on the golf course area would require a supermajority vote of this board. That's in paragraph A. I think the intent was clear that if you were going to require a restrictive covenant and cause the golf course to be either a golf course or a preserve area and have a restrictive covenant placed on that land, that to remove that requirement or remove that condition should also require a supermajority vote. As well, as your County Attorney has pointed out, that there's a law of Florida, 67-1246 that requires a supermaj ority vote of this Board for any rezonings, which is also then picked up in Ordinance No. 07-02 of Collier County which states that a supermajority vote is required if ifs required on any special law. COMMISSIONER HILLER: I understand. And I believe that this Board has decided that we are going to vote as a supermajority on this matter if we are to approve this. So let me ask you another question. MR. BROOKES: If I could answer first the second question you already asked -- COMMISSIONER HILLER: Go ahead. MR. BROOKES: -- are we going to sue. And perhaps that was raised by bringing up this case Palm Beach Polo versus Wellington. In that case the developer was denied the amendment to the PUD. Even though the PUD met all the Comp. Plan requirements and the LDC requirements, the Village of Wellington denied the amendment to the PUD. That amendment to the PUD sought to take an open space area called big glue blue and put units on it. And they said no, even though you're allowed some density, you're allowed to do that under the Comp. Plan, you have a PUD that was already there and they can deny that and there's a legitimate public purpose for denying that if they're no Burt Harris claim and there's no taking claim. And you can't be Page 91 March 24, 2015 sued by the developer. So today, at least two of you vote down the rezoning and the developer sues you, they will not be able to win. They agreed. And also in paragraph 15 they agreed to waive and forever discharge the county from any lawsuits arising from or in reference or relate or refer to in any way directly or indirectly the Cocohatchee Bay PUD. And they did that in 2008. Why you would want to open up that ironclad legal defense against a lawsuit by a developer is beyond me. You have that now, you should keep it. There was an agreement already to keep this area of the GC parcel for golf course or preserve passive recreation uses. So you have a legitimate public purpose to deny that. And that is found in the case that sets the new standard also for rezoning, Snyder versus Brevard County. You could still vote to deny an amended PUD if there's a legitimate public purpose for doing so, and that's preservation of this open space that's in the 2008 agreement where they took the residential units from the east side of Vanderbilt Drive and transferred them to these high-rise five towers and increased the height of the towers and put more units in those towers. They went from 480 to 590 in those towers -- COMMISSIONER HILLER: Right, by transferring the units from one to the other. MR. BROOKES: Yes. COMMISSIONER HILLER: And in this application they're also agreeing to give up the docks, which -- some 90 docks. And they're also agreeing to add land as a preserve, among other improvements. But that's not really the issue. I mean, the issue that's of interest to me is your -- MR. BROOKES: The land -- COMMISSIONER HILLER: Excuse me, sir. Page 92 March 24, 2015 What's of interest to me is your reference to the contract and your reference to all these zoning agreements pursuant to this contract that you say is ironclad. Can you explain to me how that works? MR. BROOKES: I'm not sure I really understand your question. If your question -- COMMISSIONER HILLER: I think you do. MR. BROOKES: If your question says that the settlement agreement is a contract, I believe the Circuit Court would enforce that settlement agreement as a contract. The waiver and release in paragraph 15 is solid. You have something to rely on there, you have the Palm Beach Polo versus Wellington case to rely on. COMMISSIONER HILLER: So -- MR. BROOKES: You're on good solid legal grounds. Your County Attorney can defend a denial if you don't get -- if they -- COMMISSIONER HILLER: That's not the issue. We're not talking about a denial, because there are two separate issues here. The one issue is how we would vote on a PUD amendment by supermajority and whether we would or wouldn't. And that is separate and apart from this agreement that you constantly are referring to that you say creates a watertight zoning arrangement between the developer and the county. MR. BROOKES: Yes, the settlement agreement, as Attorney Richard Clark explained, this settlement agreement encompasses the PUD. In fact, in every paragraph of this settlement agreement it refers expressly by reference to the PUD except for the $3 million donation, if you will, that they're going to give you in lieu of providing affordable housing or affordable workplace housing. Now, the $3 million, I don't care if you waive that money or take that money. I mean, if they're willing to give you the money -- COMMISSIONER HILLER: Stay focused on the contract, Page 93 March 24, 2015 because you made reference to the issue. And this is obviously a very important issue. You make reference to this contract as approving the zoning for this PUD; is that correct? MR. BROOKES: The settlement agreement and release approves the amended PUD. And it speaks for itself. COMMISSIONER HILLER: So basically you've got a contract between the county and the developer that approves the zoning for this PUD, and you deem that this contract for the zoning of this PUD is ironclad; that's your conclusion? MR. BROOKES: Your attorney found this agreement -- COMMISSIONER HILLER: No, I'm asking you, that's your position? MR. BROOKES: I also agree with the County Attorney that this was legally sufficient in 2008 at the time it was signed and it contains all the requirements. And this is a valid settlement agreement and amended PUD. COMMISSIONER HILLER: So you believe this is a valid contract to approve and secure the zoning of this property as it stands today? MR. BROOKES: It speaks for itself. It's a settlement -- COMMISSIONER HILLER: I'm not asking for you to speak -- I'm asking you -- I need to know what his position is. It's very important. CHAIRMAN NANCE: Commissioner Hiller -- MR. BROOKES: The settlement agreement is binding -- CHAIRMAN NANCE: Excuse me. COMMISSIONER HILLER: And do you understand -- CHAIRMAN NANCE: Excuse me, everybody. Let me make one statement, please. I do not want to engage in debate on the opinion of-- COMMISSIONER HILLER: I need to ask this question. Page 94 March 24, 2015 CHAIRMAN NANCE: I do not wish to engage in debate -- (applause.) CHAIRMAN NANCE: Wait a second, wait a second. We are not going to debate the opinions of each of the speakers. If there's a legal issue here, I think we should rightfully refer it to the County Attorney. I am going to take some questions from Commissioner Taylor, and then we're going to have to deal with a break here so we can move forward in a structured fashion. So let's -- MR. BROOKES: I would -- CHAIRMAN NANCE: Thank you for your comments, sir. I would appreciate it -- you're on the record. If there's a legal issue here, we will discuss it with the County Attorney. Commissioner Taylor. COMMISSIONER HILLER: Thank you. COMMISSIONER TAYLOR: Yes, I would just like the speaker, which is what I wanted before, to finish your comments please, because I was very interested specifically in that one case that you mentioned, but you did elude to it. The first case when your time was up. MR. BROOKES: Palm Beach Polo versus Wellington. And if you really want to get into it, and I point this out for your County Attorney, I can send a copy, the Circuit Court case below is voluminous, it's a 50-page opinion, it's written by Judge Gerber in Palm Beach, and he did a really good job explaining PUDs, rezonings, the history of that project and how they had agreed to preserve this big blue as open space and it did not give any rise to any cause of action or liability to the county for denial of a request to open that PUD up and turn that open space into housing. COMMISSIONER TAYLOR: Thank you very much. CHAIRMAN NANCE: Mr. Klatzkow, do you have any Page 95 March 24, 2015 comments at this time? MR. KLATZKOW: I would just ask the Board to focus on the criteria. That's what you're here to listen to. It's set forth in the executive summary. Arguments as to legality is not something that is really before you at this point in time. You're to listen to the evidence. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: The former speaker did reference numerous occasions where the PUD was immersed or enmeshed into the settlement agreement. And I believe it was his position that it would take four votes to open that agreement. Can you explain the position that it would only take three? MR. KLATZKOW: No, essentially what they're asking for in their settlement agreement ties into their PUD changes. So the settlement agreement essentially requires four votes to change because the PUD requires four votes to change. If the Board did not wish to reopen the settlement agreement, by majority vote they could say we're satisfied with the status quo and end this, all right? If that's what the Board's wish was, all right? So it's in essence three votes to reopen the settlement agreement. But what they're asking for, most of it's going to require four votes with the exception of the affordable housing payment. COMMISSIONER TAYLOR: And I may be incorrect, and I'm not going to sit here and debate this, I'm not going to do that, but I just want to be very sure. My understanding was that the former speaker said that because the reference to the PUD document was intertwined into the settlement agreement, that because of that, it's four votes, no matter what. There's no three votes here. MR. KLATZKOW: It is my opinion -- it's my name on that settlement agreement, not his, all right. It is my opinion that the settlement agreement requires three votes to reopen. All right? If a majority do not want to reopen the settlement agreement, we're Page 96 March 24, 2015 essentially done here. But what the settlement agreement asks for is certain modifications to it that require you to amend the PUD. That takes four votes. All right? The only thing that they're asking for as far as the settlement goes that would require three votes is the affordable housing commitment that they would formally wish to be done with. All right? COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: Commissioner Henning, then Commissioner Hiller. COMMISSIONER HENNING: You know, this is a bunch of smoke. If there's four votes to amend the PUD, who cares how many votes it takes to open up the settlement? The same four or the same three or the same two or the same one is going to vote to amend the agreement. So it's a waste of time to continue this conversation on how many votes it takes. If-- once there's a motion and a second and a vote on the PUD, we're going to know what the vote is going to be on the settlement agreement. And I'm hungry, I'm ready. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yeah, just a quick question, Mr. Klatzkow. MR. KLATZKOW: Yes, ma'am. COMMISSIONER FIALA: We're talking about three and four votes. With the settlement agreement right now as it stands, and if we do not open the settlement agreement, we'll never be held to any lawsuits because right now as it stands we're clear because of the previous settlement. Once opening it up, does that then make us liable and open to lawsuits if we don't then vote the four? MR. KLATZKOW: There's a different criteria between the settlement agreement and the PUD, all right? The PUD, a denial must be founded on substantial competent evidence presented to you. I Page 97 March 24, 2015 would note that your staff report is a recommendation of approval. So you'd have to find something in the record that you could say and point to the criteria as saying that I find that it doesn't meet this particular criteria and there needs to be evidence here. That's standard. The settlement agreement does not have that standard, all right. You have to voluntarily choose to reopen it. That's majority vote. COMMISSIONER FIALA: But then once if that is opened, then you cannot use that settlement as a reason to vote against, right? MR. KLATZKOW: I don't follow you, I'm sorry. COMMISSIONER FIALA: Okay, fine. So if the settlement is reopened, from what I'm gathering, anyway, is then we can be held liable or for a lawsuit, rather, and so you can't use that settlement being that you've just now reopened it, you can't use that as criteria to vote against. MR. KLATZKOW: It's going to depend upon the motions that are being made by this Board, all right? At the end of this hearing there will be motions made. At that point in time, you know, I would ask that you ask me that question, okay? COMMISSIONER FIALA: Okay. CHAIRMAN NANCE: Okay, ladies and gentlemen, we have many speakers to go. I'm going to propose a schedule going forward to the Board members and see if everyone will agree or develop some methodology. We need to break from between 12: 15 and 1 : 15 for lunch. After that, we have a couple of time certain and housekeeping items I would like your indulgence for 30 minutes to engage, which would take us to 1 :45, which means that this issue would begin again at 1:45. Is that acceptable to the group? And we can continue on until everybody is satisfied on this -- on this item. What does the Board think on that methodology? COMMISSIONER TAYLOR: That's -- that's very good. Page 98 March 24, 2015 COMMISSIONER FIALA: Sounds great. CHAIRMAN NANCE: Okay. If there are nods, then we are going to recess for lunch until 1: 15. We will start with a couple other housekeeping items, and we will make it our best effort to return to this item at 1 :45. Thank you very much. We're in adjournment. (Luncheon recess.) CHAIRMAN NANCE: Ladies and gentlemen, please take your seats. We're waiting for a couple other board members to return. COMMISSIONER FIALA: Henning was just -- Penny was just here. Oh, there you are. CHAIRMAN NANCE: We are -- we're going to take care of a couple of items. Mr. Ochs, I believe we have two -- Mr. Miller indicates to me that we have two items for comment not on the agenda? MR. OCHS: Yes, sir. And you also have a -- CHAIRMAN NANCE: A time certain. MR. OCHS: Yes, sir. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA CHAIRMAN NANCE: Why don't we take our public comment for items not on the agenda, and I think we can conclude those rapidly, and then we can move to our time certain. MR. OCHS: Yes, sir. MR. MILLER: Your first speaker under public comment is Garret Beyrent, and he'll be followed by Caitlin Weber. MR. BEYRENT: Good afternoon. I'm Garrett Beyrent. Page 99 March 24, 2015 I don't think I'm going to speak, because I think I've got a conflict of interest with myself. Actually, what it says here -- CHAIRMAN NANCE: There's a challenge flag coming on that one I think somehow, I don't know. COMMISSIONER TAYLOR: Mr. Attorney, will you please define that? MR. BEYRENT: It says right here: Public comments on general topics not on the current or future agenda. CHAIRMAN NANCE: What do you want to comment on? MR. BEYRENT: I was going to comment on what you said the last time I was here, and it was relative to gas stations. CHAIRMAN NANCE: Well, that's coming back, now, you know that. MR. BEYRENT: Yeah, I know. That's what I thought, maybe I got a problem. But I started to harken back to when I brought in my first gas station in 1979. And since what's transpired over those years, it's kind of interesting, might give you some insight into it. And it was -- Commissioner Hiller also made a comment about gas -- gas fumes. But since there's a lot of people waiting here, I'll aggravate you a different day, okay. CHAIRMAN NANCE: Thank you, sir, you're very kind. I appreciate it. You know you're welcome at any time, Mr. Beyrent. MR. BEYRENT: Yes, thank you very much. CHAIRMAN NANCE: Thank you, sir. MR. MILLER: Your final speaker for public comment is Caitlin Weber. MS. WEBER: Good afternoon. Caitlin Weber, here on behalf of The Conservancy of Southwest Florida. I actually have a handout for the Board, if you all would be willing to accept that. COMMISSIONER FIALA: Well, we can't read it now, so you Page 100 March 24, 2015 can just have somebody hand it out afterwards. CHAIRMAN NANCE: We'll distribute it, ma'am. MS. WEBER: Okay, thank you. Okay. So The Conservancy has been working very hard to advocate for stronger oil and gas laws to prevent irresponsible drilling that leaves public safety and water supplies at risk. We'd like to update you on current legislative proposals which lack many of the priorities that this Commission previously stated it would be seeking to advance this legislative session. We are providing you with a table that outlines which of the County priorities are or are not being addressed, based on our review of the bills. Between the current Senate and the House regulatory packages, House Bills 1205 and 1209 are more comprehensive and, therefore, make up the better package for strengthening oil legislation at this time. However, both the Senate and House versions restrict the well stimulation treatments to be regulated to only those using high-pressure fluid injection and those using over 100,000 gallons of fluid. The original December, 2013 Hogan work-over notice proposed to use approximately 90,000 gallons. So under such a definition it would not be regulated in either bill. County staff identified this as a key issue that needs to be rectified, as well as The Conservancy, if DEP is to have the legal authority to regulate all oil production methods that involve the injection of toxic fluids underground to enhance oil production. This community anticipated the County would push for the most effective regulatory package possible. We understand that the County intended to work with DEP and has done so. While continuing to talk with DEP, we recommend the county also directly engage the legislature at this point, since DEP draft language has already been Page 101 March 24, 2015 incorporated in the bills filed, and those bills still do not encompass many of the County's previously stated objectives. This session presents a limited opportunity for the political interests to address this issue. In order for the County to maximize its effectiveness the County should directly engage its lobbyists to communicate with all of the legislators on the various committees hearing these bills to provide the approved County recommendations and legislative objectives to strengthen the bill language. Thank you for your consideration of our input, and we look forward to hearing an update on the County's progress in obtaining its oil legislative objectives. CHAIRMAN NANCE: Thank you very much. And just for those that are watching interested in that item, everyone needs to be aware that Commissioner Fiala and Commissioner Hiller are traveling to Tallahassee tomorrow to work together with our legislative delegation and our two lobbying firms. And I think we're heading in a very good direction. County Manager has communicated with all the board members and active communication is taking place with Florida DEP. And I think everyone is engaged in a very, very active and productive direction on this issue. So we look forward to getting the report from Commissioner Fiala and Commissioner Hiller when they return. COMMISSIONER FIALA: I might add that we aren't just traveling up there by ourselves, we do have the County Attorney traveling with us, as well as our legislative aides. So this is not a violation of Sunshine Law. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I received a called from The Conservancy yesterday, Jennifer Hecker, who was on her way up to Tallahassee, and she indicated that despite promises by FDEP, the Page 102 March 24, 2015 monitoring well to monitor water quality, which was supposed to be in place as of-- or at least dug and probably in place by now as of the end of January has not even been started. And the second issue is that the Hogan Well, which was promised to be plugged, has not been plugged. So I'm not sure what's going on. But it does appear that the communications have broken down. MR. OCHS: Mr. Chairman, if I may? CHAIRMAN NANCE: Yes, sir. MR. OCHS: Commissioner Taylor was kind enough to indicate to me that she was going to raise that today. CHAIRMAN NANCE: Okay. MR. OCHS: I reached out to my contact at FDEP, the Deputy Secretary Ms. Cobb, and asked her to -- if she could comment on a few of the concerns that Commissioner Taylor had outlined. She was kind enough to send a brief email. And I'd like to distribute that and share it with the Board. CHAIRMAN NANCE: Yes, sir. MR. OCHS: I've also attached a copy of your stipulated agreement with FDEP so you can compare that against some of the statements that were communicated to Commissioner Taylor on this item. CHAIRMAN NANCE: Thank you. COMMISSIONER FIALA: You might also get the information that the previous speaker wanted to pass out, same subject. MR. MILLER: I've got that. CHAIRMAN NANCE: We'll get that distributed. And everyone needs to realize that the issue is going to be directed in two different ways. One of them is an active legislation which will be in bills that will be passed. And the other one, the other element, which is just as important, is in FDEP rule-making, which won't be finally stipulated, but will be counted on to engage a lot of issues that aren't specifically Page 103 March 24, 2015 spelled out in legislation. Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you very much. I was listening when I was in the back before I came in. I heard all the comments that were made. And I'd like to ask the Conservancy about whether or not -- where is the speaker? Would you mind coming back up? The Obama administration -- let me just wait 'til you come up and have the opportunity to address this. Are you aware that the Obama administration just enacted new standards for fracking? MS. WEBER: My understanding is that's for public lands. COMMISSIONER HILLER: It is. However, the issue is the same. Whether it's publicly owned land or private lands, the issue is how that fracking is done. Have you reviewed any of what's in that regulation? MS. WEBER: We've been focusing our efforts primarily on looking at the state proposals to the Senate and House Bills that are being proposed currently. COMMISSIONER HILLER: Have you looked at any of the regulation that has been enacted by the few states in the country that have passed such regulation, like Texas for example? MS. WEBER: Yes, we have reviewed what's going on in other states. COMMISSIONER HILLER: And have you pulled from the other states what you think is beneficial for Florida? And have you made those suggestions to DEP and -- MS. WEBER: Yes. COMMISSIONER HILLER: -- to your lobbyists? MS. WEBER: Yes. COMMISSIONER HILLER: So could you please go back and Page 104 March 24, 2015 visit what the feds are proposing and see if there's anything beneficial in there? MS. WEBER: Yes. COMMISSIONER HILLER: There obviously has to be a balance between property interest and what we are looking to achieve, which is the protection of the environment and the public safety. Can you get back to us while we're up there? I mean, you have our contact information. If you would contact Debby Wight and let her know what your opinion is of that, I'd be interested. MS. WEBER: Okay. COMMISSIONER HILLER: Thank you. MS. WEBER: Thank you. MR. OCHS: By way of summary, with respect to the two items that were raised, you can see from this report from the Deputy Secretary that the six shallow groundwater monitoring wells have been in place for quite some time. The additional commitment for the deep well has been underway for a few months. They've hit some snags in terms of trying to get to the level that they want to. They may need to find a nearby site to try a different drilling technique, but any suggestion that they haven't attempted to do that I think is inaccurate based on this communication from the Deputy Secretary. Also, I'm not -- I don't find anything in the stipulated agreement that the Board signed that requires something to be done in January with regard to that well. COMMISSIONER HILLER: Can I just -- COMMISSIONER TAYLOR: I think it was FDEP's promise to do it by the end of January, not the other way around. This is not at all reflecting on the Board. MR. OCHS: Yes, ma'am. I just -- I don't see that in either the stipulated agreement or the letter from former Secretary Vineyard that was part of the stipulated agreement. Page 105 March 24, 2015 CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I think it's extremely important to -- Leo, if you could share what Commissioner Taylor was told by the Conservancy with Collier Resources and have them apprised of it so they can provide any information to the contrary. COMMISSIONER TAYLOR: And I thought it was very germane to do this, as you were going up to Tallahassee. COMMISSIONER HILLER: Absolutely. No, I think it's great. But I think that they need to be apprised of our discussion here today and give them the opportunity to be responsive. COMMISSIONER TAYLOR: And I think the high pressure issue that was put forth by The Conservancy just now, I think that is related to the last legislative update, other high pressure well stimulation technique. And it's always met with these issues, high pressure, but how much high pressure and what does it -- what does it cover? And according to the information I received yesterday, what is being proposed now would have -- if it passed, it would have allowed the Hogan Well to be fractured. COMMISSIONER HILLER: Got it. COMMISSIONER TAYLOR: So just FYI. COMMISSIONER HILLER: Yeah. Thank you. CHAIRMAN NANCE: All right, thank you very much. Mr. County Manager, I think that might bring us to our time certain, 1:00. We're within 28 minutes of it. Item #10A RECOMMENDATION TO RECONSTITUTE THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD AND DIRECT THE COUNTY ATTORNEY TO BRING BACK AN Page 106 March 24, 2015 ENABLING ORDINANCE — MOTION DIRECTING STAFF TO WORK IN AN OPEN MANNER, IDENTIFY STAKEHOLDERS, ESTABLISH A MISSION STATEMENT, STRUCTURE, A FORM OF COMMUNICATION AND BRING BACK TO THE BOARD — APPROVED MR. OCHS: Yes, sir, Mr. Chairman. That is Item 10.A. That's a recommendation to reconstitute the Collier County Hispanic Affairs Advisory Board and direct the County Attorney to bring back an enabling ordinance. And this item was brought forward by Commissioner Fiala. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Thank you very much. I had received a call recently from Victor Valdez, and he said he had heard some messages from other people within the Hispanic community that they would like to see this advisory board reinstated or renewed. I spoke to him, and I told him the first time it had happened, we got to a point where nobody was coming to meetings and so that's why we abolished it, because it didn't seem there was interest. But he suggested maybe there would be renewed interest. So I said, I'll bring that up to the Board. You know, as far as I'm concerned, I'm always here to see whatever anybody has to talk to us. I don't want it established, some thing, where all they're there to do is complain. Where they want to make something happen and they want to encourage their community and get good lines of communication between the Board. And that sounds great to me. And Mr. Valdez also noted that they felt it was good that they had a County liaison to go to that could get the word to us then, the County Commissioners. That's fine with me. I don't remember getting much or any information before. So that would be a good thing. Meanwhile, I got some comments from some of the people within Page 107 March 24, 2015 the Hispanic business community saying well, you know, it seems to be working the way it is. Got others from other people within the community who said, well, see, we can't belong to the business organization, because we're just fresh out of college, or we don't own a business or, you know, well, we would like to be a part of two-way communication as well. Well, that sounded good to me. One of the things -- one of the points that they made in all of this communications is we need to have a purpose for this new advisory board, if it is established, and we have to have some goals set, and we need to put together a whole new committee of people who are interested in furthering the efforts of the Hispanic community, which I think is a good idea too. So with that, I wanted to propose to you -- now, do we have some speakers? MR. MILLER: Yes. CHAIRMAN NANCE: We've got Commissioner Henning, ma'am. MR. MILLER: Yes, we -- we do have speakers, six. CHAIRMAN NANCE: Let's -- all right. COMMISSIONER FIALA: What are -- usually, I like to -- CHAIRMAN NANCE: Have you started your -- COMMISSIONER FIALA: No, usually I like to hear the speakers first and then to comment, but you're the chairman here. You just do whatever you -- CHAIRMAN NANCE: Well, let's -- let's hear some additional early comments from Commissioner Henning, and then we'll go to public speakers. I'm interested as well. COMMISSIONER HENNING: Commissioner Fiala, are you proposing these members on this proposed ordinance be electorate from the County? In other words, registered voters? COMMISSIONER FIALA: You know, I haven't even gotten that Page 108 March 24, 2015 far. COMMISSIONER HENNING: That's how we do it. COMMISSIONER FIALA: What I really wanted to do, if you -- if the other Commissioners agree to have it move forward, I thought it would be nice if maybe I personally, at a separate time, not even in front of the County Commission, got together a few of the people who want to put this together to see what they need to do, how they wanted to do it, what their purposes were, what they wanted to accomplish, and then come back with you -- come back to you with an agenda to present to you. And that could be one of the things. Do they -- are they a registered voter or are they at least a citizen? That could be one of the things we discuss. That's a very good point. COMMISSIONER HENNING: Well, that's how we do it with our other advisory board. COMMISSIONER FIALA: Okay. COMMISSIONER HENNING: So next question. This is really a reconsideration of a previous item on the agenda. COMMISSIONER FIALA: Can you reconsider it this late after -- I mean, gosh, it's been a couple years -- a year at least, right? I don't know -- COMMISSIONER HENNING: Reading the ordinance, I don't think so. However, if it comes back in a different form, it can be. COMMISSIONER FIALA: Yeah, that's -- that's what I'd like to do. I think -- I think maybe -- I don't know if they had -- COMMISSIONER HENNING: Well, let me make a suggestion. COMMISSIONER FIALA: Sure. COMMISSIONER HENNING: Instead of a Hispanic Advisory Board, have a minority advisory board advising the Board on issues affecting the minorities. COMMISSIONER FIALA: What does that do, then, to the Black Page 109 March 24, 2015 Advisory Board? COMMISSIONER HENNING: Well, that will be -- you know, minorities can be senior citizens, can be -- are you a senior now? COMMISSIONER FIALA: No. I think -- (Laughter.) COMMISSIONER HENNING: You're not a minority yet. CHAIRMAN NANCE: Not in Collier County, Commissioner. Not in Collier County. COMMISSIONER FIALA: I think right now I would like it just to be pointed to the entire Hispanic community. COMMISSIONER HENNING: That's a reconsideration. COMMISSIONER FIALA: Huh? COMMISSIONER HENNING: That's a reconsideration. COMMISSIONER FIALA: Well, unless, as you say, we're putting it back together. But I don't know what the purpose was before. We would want a purpose this time. We would want an agenda. We would want some goals and so forth and, I mean, rehash the whole thing. Because it wasn't working before, is what I'm saying. If you want to call that a reconsideration, I don't care. I would just like you to consider us getting together. And by the way, this isn't a final thing. Before we can even present you with an idea that represents everybody in that community, I would want to get together with them, I mean, if you allow me to do that, to give you then a proposal as to what they need and what they're looking for and go from there. And if there are some people that are objecting to it, I want to hear from them too. I don't feel this is the time or place before we hammer that out amongst ourselves. COMMISSIONER HENNING: I'm sorry, I just was read -- going by the executive summary. COMMISSIONER FIALA: And I'm just telling you what I feel. Page 110 March 24, 2015 But, yeah, I don't blame you. COMMISSIONER HENNING: I'm done. Thank you. CHAIRMAN NANCE: Commissioner Taylor, then Commissioner Hiller. COMMISSIONER TAYLOR: And not to -- not to negate what you want to do, but my thoughts were -- and I've heard from some of the Hispanic business community -- is that we've got a liaison right now, which is the Hispanic business community. And perhaps we could -- and again this is something to consider. This is -- I don't mean to direct this. But that we would ask them -- I think some of the members have actually sat on the Hispanic Advisory Board so they have that ground experience. You know, they've gotten their feet wet with it, and they know the pros and the cons and what it -- you know, what it morphed into, what they would like it to be. And perhaps ask them to be consultants in this, to develop not only a mission statement, but criteria for the membership and clear guidance of what to be discussed, which would go far beyond code violations. COMMISSIONER FIALA: Well, that's exactly what I was trying to say, because I've already spoken to them, and they've already communicated with me. And so you can't put that all together at an open meeting -- COMMISSIONER TAYLOR: Oh, no. COMMISSIONER FIALA: -- until you get to hear from everybody. COMMISSIONER TAYLOR: No. COMMISSIONER FIALA: So what I'm saying is, if you would allow me to move forward with this effort, I'll talk to everybody and see what they can do. Now, people who -- but this is not going to be a gripe session and it's not going to be attacking -- or code violations. They have Code Enforcement already to whom they can turn. That Page 111 March 24, 2015 isn't what this is for. It's for the betterment of the relationship between the Hispanic community and us. And although the business community, I think we have a great relationship with them. They're really good, and they communicate with us a lot. I don't have any problems, you know, ever -- ever hearing from anybody. They always do, and always respectfully. But there's part of the community, like the soccer teams, Miguel over there and his son. I communicate with them. Whenever we need to, we're there together. But maybe they don't feel the same about going through the Hispanic Advisory Board, Hispanic Business Advisory Board. Maybe they want to be a part of a separate group that feels that they're not in the business community, but they're an active part of the vibrant community. But until we meet, we won't really know. COMMISSIONER TAYLOR: That's right. That's right. COMMISSIONER FIALA: So I'm just asking you to allow me to go on and meet with them and see what we can propose to you at a later date. COMMISSIONER TAYLOR: I have no problem with that. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yeah, I don't think you need the Board's permission to research that issue. I think you or any other commissioner can address that independently, and -- COMMISSIONER FIALA: But I wanted to know that you would allow me to move forward with the understanding that it might become a Hispanic Advisory Board. COMMISSIONER HILLER: Well, it wouldn't become anything until you brought a proposal back to the Board that would be reviewed by the Board, you know, with public participation and then voted on by the Board. So you can -- you have the ability to go out and speak to Page 112 March 24, 2015 whomever you want. You have the ability to come back with an executive summary. COMMISSIONER FIALA: But if you -- COMMISSIONER HILLER: My point is, I would hate -- and the reason I say this is for a reason. I would hate to see someone say no to you. And I don't believe that the issue of no should even be something that the Board would contemplate. And so my point is, I don't think there's any vote required. I think there's no support required. It's nice that you've informed us. I think you should go do it. And I don't think any member of this Board should ever be in a position where something that they would like to research and bring forward as an executive summary should ever be turned down. That's the whole point of us being representative. So I think it's great that you're bringing -- it's polite. It's very courteous. COMMISSIONER FIALA: The reason I brought it up is just to see if-- you know, if everybody would have said, no, we've done that before, we're never doing it again, then there's no reason to -- COMMISSIONER HILLER: No, I understand. And for discussion purposes, I just don't want to see anyone oppose -- I would hate to see any commissioner oppose any other commissioner's effort to research a community issue and bring it back independently by way of right to the Board. COMMISSIONER FIALA: Right. COMMISSIONER HILLER: And that's the only reason why I hesitate that we should even take a vote on this. I think -- I applaud you for researching it. I think you should just go do it. And if you think there's merit, bring it back. Or if there's any other commissioner that has an opinion, you know, based on their working with the community can bring back a proposal. COMMISSIONER FIALA: Let's hear our speakers. Page 113 March 24, 2015 CHAIRMAN NANCE: I will -- I will make a comment, and then I'm going to go to Commissioner Taylor. I certainly support putting a group together, but I think that there should be some significant discussion among all the active stakeholders in the Hispanic community. Let me tell you one of the hurdles that I've found as Commissioner with District 5. In communities -- small communities like Immokalee, Golden Gate, Everglades City and Ave Maria, you typically have a fairly small number of people who are -- who are continuously active. In other words, people that are engaged in issues on a regular basis. And I think if you restrict yourself just to forming an advisory board to the Board of County Commissioners, which is governed by the Sunshine Law, what you do is, you put your most active and people you feel are best engaged with the issues on an advisory board together. Then under the rules of the Sunshine Law they can't even discuss those issues amongst themselves. It's actually very crippling and something that you need to imagine. If the six or eight most vigorous among you get on the same board, you're not going to have a way to legally talk about your recommendations to the Board of County Commissioners. And I think you're going to find that stifling. So what I would -- what I would recommend, and what I would -- I would -- I'm not trying to take Commissioner Fiala's issue, but I would ask her to consider engaging staff to reach out to all the stakeholders and have the community, Hispanic active community now, identify the stakeholders and figure out how to put together a group that can best advise the Board. And perhaps a formal advisory board is not the best methodology. And I don't have on the top -- on the tip of my tongue what it would be. But I believe that -- I'm going to spill it, aren't I? Yeah, I'm talking with my hands. Page 114 March 24, 2015 But I think if you have some time with staff, if staff that's worked with the advisory boards perhaps could meet with as many people as want -- as want to get engaged with it -- and I would certainly hope that Commissioner Fiala would be there during that activity -- that you could come back and work on the items as she's -- as she's said, and come back and decide what you think would be the best for the community. I would certainly support that if that's a motion that you would like to make. And I don't want to co-opt your agenda item. COMMISSIONER FIALA: Now we're giving staff the task, right? COMMISSIONER HILLER: Right. COMMISSIONER FIALA: Uh-huh. Rather than me? CHAIRMAN NANCE: Just -- I'll put the burden on you, ma'am. Let them help you engage all the stakeholders. And I certainly endorse you being central to that effort if-- COMMISSIONER HILLER: I feel the same. CHAIRMAN NANCE: I don't know how Mr. Ochs feels about it or Mr. Casalanguida. Maybe he'll get handed this prickly -- MR. OCHS: We work at the pleasure of the Board, sir. CHAIRMAN NANCE: I know that, sir. COMMISSIONER HILLER: That's why we like you so much. COMMISSIONER FIALA: Very politically correct answer. CHAIRMAN NANCE: So Commissioner Fiala, why don't you -- COMMISSIONER FIALA: Well, let me hear from the people. CHAIRMAN NANCE: Oh, that's a great idea. Let's go to the public speakers. How many do we have, Mr. Miller? MR. MILLER: We have six. COMMISSIONER FIALA: You've still got Commissioner Taylor. Page 115 March 24, 2015 CHAIRMAN NANCE: I've got Commissioner Taylor. Commissioner Taylor, I'm sorry. Thank you. COMMISSIONER TAYLOR: My hand is up in the corner. I think you make a very good point. And I don't -- you know, it's just the way we do government. Do -- if you have a committee, do you want to be able to speak to each other and talk outside of that meeting? If you do, you don't need an Hispanic Affairs Council. But in order -- going back to Commissioner Henning's question about the reconsideration, why couldn't we have this item as an item to discuss Commissioner Fiala establishing a conduit to the commission board without naming it Hispanic Affairs Committee? That might satisfy the reconsideration issue. Just frame it a little bit differently. COMMISSIONER HILLER: And can I comment on that, Chairman Nance? COMMISSIONER TAYLOR: Yeah. CHAIRMAN NANCE: Fine by me. COMMISSIONER HILLER: I think that's -- one of the things would be for staff-- and what we really need is a staff liaison, so we would have one designated person on the County staff side, and that would be part of the direction in researching what you would do. One option is a person dedicated to being the staff liaison with the community, and then you could look at the issue and decide is this a staff issue that we can resolve and help this citizen, or is this an issue that's policy related? And then you could bring an executive summary to the Board on that matter, as one option. Which is what Commissioner Taylor is suggesting. That would obviate the problem with what Commissioner Nance proposed. COMMISSIONER TAYLOR: Let's just -- COMMISSIONER FIALA: I was hoping to just talk to everybody and see what they wanted. Page 116 March 24, 2015 COMMISSIONER HILLER: Yeah. But you can do that. COMMISSIONER FIALA: Decide what they want. COMMISSIONER TAYLOR: Yeah, but just throwing out these suggestions. But having Commissioner Fiala right now being the liaison and however it morphs -- whatever form it takes, we could -- we could just frame it that way so that it doesn't cross into that reconsideration issue. So let's not call it an Hispanic Affairs Council, but you're in charge of-- COMMISSIONER HILLER: Figuring out -- COMMISSIONER TAYLOR: -- bringing this up. COMMISSIONER FIALA: Let's hear from the audience. We've only got a minute left. CHAIRMAN NANCE: Mr. Miller? MR. MILLER: Your first public speaker is Valerie Maxwell. She'll be followed by Victor Valdez. MS. MAXWELL: Good afternoon, everyone, Chairman Nance, Board. I was on the Hispanic Affairs Advisory Board for almost five years, and I will tell you, it is absolutely true, we were not allowed to converse privately about anything that we discussed at all, or we would be in a violation of the Sunshine Laws. Furthermore, we had no representation. We couldn't make a decision, we couldn't endorse anybody, we couldn't do anything. And that was very frustrating to come here every month, sit up there and people come to us begging for help, but we couldn't help them unless we helped them privately, which I did on several occasions at my school. And the only thing that we had on the agenda that was new is we had a little thing that we could comment to the Commissioners. That was it. And luckily we had Marlene Serrano that was working with us Page 117 March 24, 2015 towards the end, because we did have some code problems with a trailer park that was really in desperate need of help and, you know, we couldn't get any help, you know, there. So we kind of had to circumvent over here and go behind and help these people. You know, go to the managers, petition, work with them. Many of them were scared they were going to get kicked out of their homes because they were illegal or didn't have their papers, but they were paying rent. And they were taking advantage of them by charging too much water. Whatever they wanted. One month it was 400, the next month it was 200. They never knew what they were going to be hit with. It was pretty frustrating. So for five years I would come no matter what. And I will tell you that there was -- in five years, I know for a fact there was only two times where we didn't have a quorum. I know that for a fact. I was there. There was only two times when I was not there, and that's when I was getting a new hip. Other than that, I was there every single month. And we had a lot of people come before us and, you know, a lot of different things, but we never could do anything. And that's why I would like to see whatever we come up with, give us a little, you know, leeway to you guys, something that we can work with, if we're going to do something in the future. You know, don't just let us be here just for the heck of it. Give us something, you know, some leeway, some way to work with you so when these people come to us we can say, you know, well, let's see what we can do. We'll try to get with Commissioners and see what they can do to help, okay? CHAIRMAN NANCE: One of the goals, ma'am, will be to identify how you should be engaged and how you can best advise the Board. MS. MAXWELL: Well, I know that some of us that were there were so frustrated -- I know of two of them -- they went off and did Page 118 March 24, 2015 their own thing where they didn't have to answer to anybody. I ran State of the Naples Hispanic Chamber, you know, so -- because I had so many people come up to me during the farmer's market deal saying we don't have an Hispanic Affairs Advisory Board, where do we go? They're calling me. And I said, all right, well, I'm going to reinstate it to bring it back so we have at least something to do. So maybe there's a combination of things that we can do. It is very frustrating when you're, you know, Latino and -- you're using your hands, so am I -- you know, when you're trying to get something done, it does take a lot of communication. It really does. And it's hard when we cannot speak. CHAIRMAN NANCE: Thank you. MS. MAXWELL: Thank you very much. CHAIRMAN NANCE: Yes, ma'am, thank you. MR. MILLER: Your next speaker is Victor Valdez. He'll be followed by Evelyn Perez. MR. VALDEZ: Good afternoon. For the record, I am Victor Valdez, host of the Program in Spanish: Grabbing the Bull by the Horn, agarrar el toro por los cuernos, that you can see on Saturday and Sunday in Aztec America. Also, I am the president of Valdez Foundation, Human and (unintelligible) Right Foundation established in the State of Florida. For the 24 years, we work together to try to convince the Board of Commission to listen to us. Through my newspaper, Las Naciones, 24 years ago I asked the Board of Commissioners to establish, and it was established in May, 1991, 24 years ago. We believe at this time that we are close to good communication between government and people. But the first two years of meeting we have attendance of 40 people, 30 people, 20, 45 people. But after people was looking that the Board of Commission don't pay attention Page 119 March 24, 2015 to our problems we're asking, people go away, and nobody came to hear the meeting of the Hispanic Board. Because was, as I publish in my newspaper, a puppet of the Board of Commissioners. Today, this last month, I was with a hope that now we can fix the bridge between government and our community. One of the areas that we need this is the market of Golden Gate. Today I am here. When I come here, I was happy. My wife told me, Victor, you are wrong. Those people are the same as last year and the other year and the other year and the other year. And she was right. Today I feel bad because Commissioner Henning, the same people that is always against us for years, that you know that I am telling the truth, too many times I have told you, you are a racist. You don't like us. You don't love us. In the morning I believe maybe we will have five votes. Maybe Henning will understand that we can work together in peace. No, we have an enemy of the Hispanic community in Tom Henning. He hates us. You hear him when he has spoke about us. We need an Hispanic Affairs Board. If you don't do, it is your right, but we will continue saying we have a Board of racists trying to put the boots over our back. CHAIRMAN NANCE: Thank you. MR. VALDEZ: And we will continue fighting for our rights. CHAIRMAN NANCE: Thank you, Mr. Valdez. MR. MILLER: Your next speaker is Evelyn Perez. MR. VALDEZ: Thank you. MR. MILLER: She'll be followed by Guillermo Perez. MS. PEREZ: Good afternoon. I want to address you today in support of establish -- reestablishing the Hispanic Advisory Commission. As a Collier County taxpayer, I find we need this to be approved to bridge our growing diverse Hispanic community here in Collier Page 120 March 24, 2015 County, and address the issues that arise in certain types of situations. Without proper representation we will have the repeat incidents with grave consequences, like that of which occurred in the Golden Gate farmer's market. It was quite obvious that there was no due diligence done, performed prior to taking that decision. And there was a grave mistake that was made, including the comments that were very inappropriate which were used against the Hispanic community. Being denied the opportunity to be properly represented prior to -- prior to making that big mistake was a mistake upon the Commission -- the County Commissioners. Having an advisory committee for the Hispanic community would benefit and represent those voices that obviously are not being heard. After seeing Mr. Valdez on the news last night and listening to Valerie Maxwell and having knowledge of the work that he's committed himself for the past 24 years in this community, defending the rights of minorities in Collier County, the Board should be in agreement that he is part of this history in the first advisory committee. And today, 24 years later, here we are again, doing the same thing. That in itself convinces me that there's still a need for this committee to be reinstated. And I see no reason for the Commissioners not to be in unanimous agreement in doing so, unless they have another agenda. I thought it was quite interesting that you were trying to comment on the executive order. I don't know if you do that with the other minority community -- committees that you have established, but it's quite odd that you would do it with the Hispanic. I don't know why it would offend you or even bother you to reestablish it. What are your motives and what are your agenda? Why would it even influence you in a way to be so negative in it being reestablished again? I would think that everything that happened in January and February, with all the media attention that you received that was so negative, you'd want to bridge, open your hands and receive us and let Page 121 March 24, 2015 us have a committee. Thank you. MR. MILLER: Your next speaker is Guillermo Perez, and he'll be followed by Jacqueline Perez. GUILLERMO PEREZ: (Through Interpreter Luis Bernal.) My name is Guillermo Perez. It's an honor for me to be in front of you and knowing you. Through the years I have worked as a labor activist, and I have fought for the rights of the community. And today I want to tell you that it is kind of strange that there is not a Hispanic committee able to address you in their problems and the way they are growing. We all know that there is a high level of discrimination and racism against the Hispanic in the City of Naples. I have suffered many times. We the activists are moving to Naples, and we'll be here until you understand that the community needs representation and you to understand that. And I hope you understand that and take that into consideration for the future to come so we have good relations. Commissioner Nance, neither you or your assistant have wanted to -- spoke to me in Spanish language, and they have been told by the County that they should do it, and I wanted to talk to you about tax issues. We all here are Hispanic but also American, and we want to assure you that we are interested in you to establish the Hispanic Outreach Advisory Board. Thank you for your attention. MR. MILLER: Your next speaker is Jacqueline Perez. I hope -- MS. PEREZ: I spoke already. MR. MILLER: Oh, okay. I'm sorry. Then your final speaker is Andrew Solis. Page 122 March 24, 2015 MR. SOLIS: Good afternoon, Mr. Chairman, Commissioners. Andrew Solis, President of the Hispanic Council. And it's wonderful to hear the comments today. We really only have two issues that I would like to bring up on behalf of the Council. And really it relates to what the function of the advisory board would be. And there's really two questions. One is, is it needed? And I think one of the issues that was -- that was raised by the Chairman as to the application of the Sunshine Laws and really whether or not that would tie the hands of, you know, the stakeholders in the community and tie their hands as to how much they could interact with each other and in relation to the community is an issue that, frankly, had not even occurred to me and I think is something that needs to be thought through very, very carefully. Secondly is, what will it do? I think one of the issues in the past has been that it hasn't had very clearly defined parameters as to what it would advise the commission on. If it's an advisory board, it has to be providing some kind of advice, information. And defining that, if there's going to be another advisory board, I think is essential. Because I think that in the past has been one of the issues. It's just kind of been a board out there without very specific duties and goals and issues that it should be receiving information on and providing to the Board. I would point out, I think the issue with the farmer's market showed that the system is working. I think the community came, many speakers spoke about the farmer's market and the Commissioners heard that and I think acted accordingly. So we would -- we would just suggest that if the Board wants to move forward with creating another advisory board, that before it does that, you know, that there's some time with staff, Commissioner Fiala, to really quantify what this board will do, what it's going to advise on. Is it going to be advising on policy issues, or is it really going to be Page 123 March 24, 2015 dealing with individual issues that arise to residents in the County; one or the other or both? But at least define that so that it has a set task that it's going to accomplish. And then figure out the best way to really make that happen. How can it be of the most value to the County Commissioners in the decisions that they're making every day? So -- and as far as the council goes, we'd be very happy to be involved in that process and help that process in any way we can. So thank you. CHAIRMAN NANCE: Mr. Solis, thank you very much. You know, I agree. And what I've heard different speakers say, sir, is -- really to me is three -- three elements. Number one, what's the mission? What do you want to accomplish? Number two, what's the best structure for the stakeholders to work through? And then what is the -- thirdly, what is the mechanism to get that information to the Board of County Commissioners? So, you know, if-- Mr. Miller? MR. MILLER: Yeah, I'm sorry. I just wanted to alert you, I was handed one additional slip on this. CHAIRMAN NANCE: Okay. We will hear that person. But, you know, I think we've got three things to address. And if Commissioner Fiala can gather together, together with staff the stakeholders to work on those three items, I think -- I think I certainly can support it, and I -- you know, if the other Commissioners think that's a methodology, I -- MR. SOLIS: I would just like to make one more comment. Based upon a conversation that Ms. Maxwell and I have had and some of the comments that were made earlier, that having a specific liaison, a county staff person that's the liaison to the community may be, I think, the best option. Because then we don't run into the issues with the Sunshine Law and not being able to get together as a group to Page 124 March 24, 2015 discuss -- you know, there's lots of organizations. These organizations can get together. The Hispanic Council, the Hispanic Chamber that's been reinstated. You know, we should be able to get together and then bring these issues to the Board through a liaison. I think that would be a much more efficient way of accomplishing what needs to be accomplished. CHAIRMAN NANCE: Commissioner Fiala, then Commissioner Henning. COMMISSIONER FIALA: That is a great idea. I know we had Haley Alonso when I -- when I met with Victor, Haley Alonso went with me. And she was a great interpreter. And of course she being Hispanic background anyway, but yet working for County government. She seemed to be a good liaison. I don't know if that's something that we would want to do or not, but I think that might be an answer to all of this. And then you're not encumbered by the Sunshine Law at all, and yet people will have more or less an advocate. If there are Code Enforcement issues, they've -- you know, they can always go to Code Enforcement or Haley can steer them that way. If it's something else that we need to be made aware of, she can always contact all of us via email, one-way communication and let us know. So those are things. But I think those are things that we can talk about and establish if we -- even if we get a few people here together to just sit down and talk, and including maybe the County Manager or somebody he would designate to sit down with us and give us ideas. I'm sure this can be resolved to -- to the betterment of all of our communities. Because let's face it, you're a growing community, you're a vibrant community, and you have a lot of businesses here in town whom I deal with. And we want to -- we all want to work together. I don't like this line in the sand. I want everybody to be working Page 125 March 24, 2015 together as a team, because we're all -- we're all in it together. And so I think maybe if you would let me, I would just like to call a few instrumental people to meet with me, and we'll kind of form a goal and possibly even consider your suggestion, along with the County Manager, to see if that would be all right with him. MR. SOLIS: I would be glad to participate in anything the Commissioner -- COMMISSIONER FIALA: Might even work out better, uh-huh. MR. SOLIS: -- would like to suggest. And I would suggest that that may be the most efficient way as well, not only from the county's standpoint but also the community's standpoint and the people that are involved. As Commissioner Nance had said, the active players need to be able to be active. And that may be the best way to do it. COMMISSIONER FIALA: And one of the things about meetings with the county is usually they're during the day, and nobody could get away during the day anyway. This way you would be able to have somebody available to talk with you where you can pick up a phone or something. You know, that just might be. But if you don't mind, we'll sit down and talk about that after, you know. And I -- if you don't mind, I'll just designate a date and time and we'll make sure Victor is there and we'll make sure all of the speakers are there and anybody else who's interested. I don't want to eliminate anyone. MR. SOLIS: Well, again, the Hispanic Council is here to assist the County Commission in whatever way. COMMISSIONER FIALA: Well, you're stuck, Andy. You're going to be there as part of it. CHAIRMAN NANCE: Let's hear from Commissioner Henning. Sir? COMMISSIONER HENNING: The young lady that was on the Page 126 March 24, 2015 advisory board really succinctly stated what the problem was when it was enacted. Sunshine Law violations, things that they could not perform because of their duties. And those things are the day-to-day government that prohibits to resolve issues. And a staff liaison for the community for essential clearinghouse for the Hispanic community I think would be less frustrating for the communities, or what's being proposed as an advisory board; things of Code Enforcement, water/sewer bills, and the list keeps on going on, zoning issues. There's a great need for soccer fields for the Hispanic community, and I don't think that's really being heard. As far as the market goes, you know, that's being resolved, okay. That's coming back in a future agenda, to allow it in certain areas. And I think there's going to be a couple of actions on there. You know, we heard from the community. So that is the clearinghouse that's coming to the Board of Commissioners meeting. Mr. Chairman, I'm in favor of having a staff liaison for the -- for the community, get that out in the community, such as our website and other vehicles to say look, this person is the go-between person. We have several Hispanic people on our staff that speak fluent Spanish that can then relay their problems or concerns or needs to the right department. CHAIRMAN NANCE: Let's hear from our final speaker, Mr. Miller, please. MR. MILLER: Christian Nino. MR. NINO: Hi, how are you? My name is Christian Nino. Me and my father represent the mixed soccer league in East Naples. We're pretty much a soccer nonprofit organization that's been working in the county for over 18 years. We -- initially, when we formed we had a lot of issues to try to get fields, or trying to be able to use the fields that the County had at the time. Back then Mr. Valdez help us out to have meetings with the Page 127 March 24, 2015 Commissioners at the time, to be able to -- to use the fields, because we used to just pretty much jump over the fence at some of the schools and be able to play there. That didn't take long for us to get kicked out of there, obviously, because we were trespassing. But we were able to work with the County Parks and Recreation Department, and we're playing in East Naples now. Just like a lot of other groups that participate in the sports venues in the county, North Collier, East Naples Community Park, or even Eagle Lakes where we play most of our games, we try to participate in the community in doing a lot of things, to try and make sure that everybody forms part of a group, but also to be able to give kids -- in our case, give kids an opportunity to develop, to grow. And we've been doing that for quite a bit. We're just -- we were told by Mr. Valdez to come today to address this issue. We understand, just like a lot of other people that came up here to speak, that there are some issues within the community, within the Hispanic community, and also some issues with county government that sometimes need to be resolved. And the way it is right now, there's no clear path as to how we can address this with you. And I think that the board that was before maybe had some issues. But what we're asking today is just to come up with an idea, or maybe a new way. Like you said, maybe a liaison is the way that it's going to be. But from our perspective from being a nonprofit group working with the Hispanic community, we can tell you, there's a lot of issues that need to be talked to, need to be addressed. And we'll be -- we'll be glad to form part of that if that's -- if that's the case, or maybe just give our input in it. And I appreciate the offer of, you know, coming up here and talking to you guys. Thank you. COMMISSIONER FIALA: How about if I -- Page 128 March 24, 2015 CHAIRMAN NANCE: Let's hear from Commissioner Hiller. COMMISSIONER FIALA: I'm sorry. CHAIRMAN NANCE: And then we'll -- COMMISSIONER HILLER: Thank you. I think, Commissioner Nance, you laid it out correctly. There are the three issues as you identified. I think the liaison suggestion that several members of this board have brought up and that several of the speakers have brought up is really an outstanding one, worthy of you working with staff on, Commissioner Fiala. One thing that I think is really important to understand when you're making -- when you're having the discussion with the community, or for the community to understand when you're meeting with them, is that we cannot delegate discretionary decision-making to any advisory board, that their role is strictly advisory, as a matter of law. And I heard one of the speakers comment that, you know, their hands were tied. And that's just because legally we're not permitted to delegate decision making. So the key is, you know, again, establishing that conduit of information to the right staff person who will make the decision, is this something that County staff can address right away because it's an administrative matter whether -- or whether it's something that's policy related that needs to come to the Board. And then the second issue that's extremely important to address when you're working with a community is that we can only address issues from a policy standpoint, the non-administrative issues that would be staff handled that are within our jurisdiction. So, for example, we can't do anything with respect to law enforcement. And so if the community has a concern about law enforcement, they have to deal with the law enforcement agency that's bringing up the issue, and we cannot get involved, because legally that's not within our jurisdiction. Page 129 March 24, 2015 If there's an issue with immigration, again, that's not within our jurisdiction. They would have to deal with whichever, you know, state or federal agency deals with that particular issue. So it's very important to narrowly define, if any group is put together, if that decision is made to invoke a Sunshine governed group, that the -- what the group does has to be -- that they have to advise us within our jurisdiction and not beyond it. And any matters that are not within our jurisdiction, we cannot because -- and it's going to be very frustrating for them, because we can't act on it. We can't legally, you know, make decisions about law enforcement, for example. COMMISSIONER FIALA: So what I was going to suggest is right after Easter I will plan a meeting, actually soon, but it will be after Easter, but first conferring with our County Manager to see if this is -- if he would designate a person, if that be the case. And my two -- my two people that I will communicate with are Victor and with Andy. And you can get ahold of all of the people on your list, anybody who wants to come, but you understand that what we're going to do is figure out how we can make this work in probably the simplest way possible and yet let the community be heard. And you've heard what all of the comments are here. So I would say to you, right after Easter I'll plan another meeting, and I hope that maybe in the afternoon at say 4:00 or something like that would be good for everybody, but it could be sooner, 3:00. But I will get back to you, let you know. I've got the two of your numbers, so you guys are going to be my go-to people, okay? And I thank you very much for everybody being here. CHAIRMAN NANCE: I'm going to try to put a little structure to this, because I'm going to make a motion, Commissioner, and then see if-- COMMISSIONER FIALA: Did we have one more? Oh, we heard from Chris, okay. Page 130 March 24, 2015 CHAIRMAN NANCE: I'm going to make a motion to direct staff to work to -- work in an open manner on this issue to identify the stakeholders and work together with Commissioner Fiala as a facilitator, and to identify all the stakeholders and engage them to identify a mission, a suitable structure and a communication method for the Hispanic community that's at their -- of their own arrangement, together with staff, and to bring back to the Board options and a recommendation. COMMISSIONER TAYLOR: Second. COMMISSIONER HILLER: I'll second that. Tie. COMMISSIONER TAYLOR: Tie. CHAIRMAN NANCE: I'm going to give the tie to Commissioner Taylor. COMMISSIONER HILLER: That's just because her red button didn't come on. CHAIRMAN NANCE: Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: It is unanimous. Thank you very much. Thank you, ladies and gentlemen for coming. Item #9A (Tabled earlier in the meeting) Page 131 March 24, 2015 RECOMMENDATION TO APPROVE AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2000-88, THE COCOHATCHEE BAY RESIDENTIAL PLANNED UNIT DEVELOPMENT, AS AMENDED BY SETTLEMENT AGREEMENT DATED JUNE 9, 2008, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 590 TO 652; BY INCREASING THE DEVELOPMENT AREA; BY AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, TO AMEND THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 93.52+ ACRES OF LAND ZONED RESIDENTIAL SINGLE FAMILY (RSF-3) AND RESIDENTIAL SINGLE FAMILY WITH A SPECIAL TREATMENT OVERLAY (RSF-3-ST) TO COCOHATCHEE BAY RPUD, BEING ADDED THERETO AS PRESERVATION LAND; BY REMOVING THE GOLF COURSE "GC" TRACT AND REPLACING WITH RESIDENTIAL "R2" TRACT; BY CHANGING RESIDENTIAL DEVELOPMENT AREAS TO RESIDENTIAL "R1" AND "R2" DEVELOPMENT TRACTS TO ALLOW HIGH-RISE, LOW-RISE AND SINGLE- STORY MULTI-FAMILY DWELLINGS IN "R1" AND SINGLE FAMILY DETACHED DWELLINGS IN "R2"; BY CREATING AN AMENITY/RECREATION "AR" TRACT; BY ALLOWING RECREATIONAL AMENITIES BE AVAILABLE TO RESIDENTS, CLUB MEMBERS AND THEIR GUESTS; BY ADDING DEVIATIONS; BY RESTRICTING PLACEMENT OF DOCKS TO WITHIN WATER MANAGEMENT LAKES LOCATED WITHIN THE RPUD; BY ADDING A PRIVATE ROAD CROSS SECTION; BY ADDING A SIDEWALK MASTER PLAN; BY REVISING DEVELOPMENT STANDARDS; BY AMENDING THE MASTER Page 132 March 24, 2015 PLAN; BY REVISING DEVELOPER COMMITMENTS; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS LOCATED ON THE NORTHWEST AND NORTHEAST CORNERS OF WIGGINS PASS ROAD AND VANDERBILT DRIVE IN SECTIONS 8, 16, 17 AND 20, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 625.61± ACRES — MOTION TO APPROVE W/CCPC AND STAFF RECOMMENDATIONS, TO REFERENCE COVENANTS FOR DEED RESTRICTIONS AND OTHER VETTED OFFERINGS BY THE PETITIONER (DEVELOPER) — MOTION FAILED DUE TO LACK OF A SUPER MAJORITY; RESOLUTION OF DENIAL 2015-65 PREPARED BY THE COUNTY ATTORNEY'S OFFICE CHAIRMAN NANCE: Mr. County Manager, I think that takes us back to 9.A, 12.A. MR. OCHS: You're correct, sir. CHAIRMAN NANCE: And Mr. Miller, I believe we're -- thank you. Let's give everybody a -- you want to take a -- does the Court Reporter want to take a little break before we reengage? COMMISSIONER HILLER: We should, because she's going to be going long. CHAIRMAN NANCE: Let's take a little 15-minute break, and then we'll really -- we'll engage. (Recess.) CHAIRMAN NANCE: Ladies and gentlemen, please take your seats. And if you have not silenced your phones from our lunch break and extended break, please do so again at this time. I certainly want to thank everybody for your consideration and courtesy in allowing us to have that last discussion and time certain. Thank you very much. Page 133 March 24, 2015 At this time, we're going to reopen the public hearing on Item 9.A and 9.B, regarding the Cocohatchee Bay Residential Planned Unit Development. MR. OCHS: Excuse me, sir, 9 -- 9.A. CHAIRMAN NANCE: 9.A and 12.A. MR. OCHS: Yes. CHAIRMAN NANCE: And I believe, Mr. Miller, we were continuing with public comment. MR. MILLER: That is correct, Mr. Chairman. Your next speaker would be Jim Schultz, and he will be followed by Geraldine Noyes. CHIEF SCHULTZ: Good afternoon, and thank you for the opportunity to speak. My name is Jim Schultz. I live at -- in Emerald Bay in North Naples, and I obviously have my position pasted to my shirt. I'm asking you to not amend the settlement. I think the only difference between the settlement and the proposals are the 60 homes. The settlement spoke to how the land could or should be used. The settlement gave the developer more options for greater numbers on the west side and left the option of two estate homes on the east side. Now they've come back a few years later and say they want 60 more homes. My hope would be that you'd think about the value of having that land as green space. They said they're not going to build a golf course. So what's left? Green space. We don't open the settlement, we just say, no, thank you. We go our own way. I wish you would consider that. Thank you. MR. MILLER: Your next speaker is Geraldine Noyes. She'll be followed by Graham Ellison. MS. NOYES: As our elected officials, you represent us, the residents of Naples. We trust that our wishes will have the weight with you and that our opinions will be respected. We trust that you will Page 134 March 24, 2015 sacrifice your interest to the people you represent, and we believe that you will work towards the betterment of our community. A quote by Adlai Stevenson. No matter what your political views are, it's pertinent to our situation. Quote: We believe above all else that those who hold in their hands the power of government must themselves be independent. And this kind of independence means the wisdom, the experience, the courage to identify the special interests and the pressures that are always at work; to see the public interest steadily, to resist its subordinations no matter what the political hazards. In 2008 many of us thought Lodge/Abbott received too many concessions. We deplored the loss of that beautiful, large, open space on the west side of Vanderbilt Drive. We presumed that the smaller open space on the east side would remain as it was or be a golf course, because we believed that the agreement was binding. One of the principal reasons that many residents bought property in this area was due to its proximity to open spaces that we were guaranteed in that agreement. We've lost so much wonderful land in Naples. I've been told that we even lost sand dunes on Vanderbilt Drive. How beautiful that must have been. All that precious land is what made Naples a magnificent beachside community. We can't afford to lose any more of it. We have nothing to gain by reopening negotiations. The integrity of future agreements is threatened if developers are allowed to get away with disregarding them in order to reap more profits. Trust is like a piece of paper: Once it's crumpled, you can never get it back to its original state. I do not trust a new agreement, and I do not trust Lodge/Abbott, but I still trust you, our representatives, to make the right decision and vote no to hold Lodge/Abbott to its promise. Thank you. MR. MILLER: Your next speaker is Graham Ellison. He'll be Page 135 March 24, 2015 followed by Julia Beyer. MR. ELLISON: Thank you for hearing me. My name is Graham Ellison. My home actually abuts the property designated as golf course, or green open space in the 2008 settlement. We bought the house in 2012, and at that time we had full knowledge of the settlement terms. We felt assured by the settlement terms because they seemed so clear cut and specific. They used language like in perpetuity, supermajority, another language seemed designed to protect the county and we felt protect us. So we were very happy about that. If the developer chooses to build a golf course, that seems to me to be fine, because he's specifically allowed to do so in the settlement agreement. If he chooses to build two estate houses, that's fine, because he's specifically allowed to do so in the settlement agreement. However, if he chooses not to do either of these two things, he has agreed to leave the land as green open space in perpetuity. And that is also fine, because he's required by the settlement agreement he so willingly signed. Incidentally here, Commissioner Nance, in your discussion of the environmental impact that I found very compelling, I note you didn't address my own preferred alternative: Green open space forever. I believe leaving the land which is intact is the most environmentally friendly outcome. Now, because a heavily traveled thoroughfare splits the PUD into two parcels, there is a tendency to view them as separate. This point of view ignores the history of the settlement agreement. Significant concessions were made to the developer, permitting him to expand the towers on the western side of the PUD in exchange for his commitment not to develop on the eastern tract except as set forth in the settlement agreement. The developer does not intend to give back any of these Page 136 March 24, 2015 negotiated concessions in order to be permitted to develop the eastern tract. In fact, the developer isn't negotiating for additional valuable concessions. He is unilaterally requesting them in exchange for nothing on his part. He's putting out, hey, this is better than a golf course, but that's not really the choice. The choice is between what would happen if the golf course isn't there and what he's proposing. So he's not putting up anything, in fact. Commissioners, you have no obligation to cede to his request, and I hope you don't. I see no reason for you to amend the 28 -- 2008 settlement agreement, because any of the things the developer promised to do in it are fine. If you Commissioners agree to amend the settlement in accordance with the developer's wish, my faith in government would be significantly degraded. The 2008 Commissioners signed the agreement after protracted litigation and extensive input from the local citizenry. I believe that effort should be respected as a reflection of the will of the people. Thank you. MR. MILLER: Your next speaker is Julia Beyer, and she'll be followed by Gary Eidson. Is it Bayer or Beyer? MS. BEYER: Beyer. B-E-Y-E-R. I have owned my home in the Vanderbilt coastal area for 21 years. I am a resident of Florida, a taxpayer, and a voter. And I do remember the eagle's nest that brought about this settlement, this PUD agreement. In 2005 when they moved their heavy equipment onto the property and asked -- didn't ask, but they moved the construction equipment too close to an eagle's nest which caused visible stress to the eagles. There was a cease and desist order. And then in 2006 there was an article in the Naples Press, and it was the high-rise developer -- this is the heading: The high-rise developer offers a plan to settle with county over the Bald Eagles rules. And if the county accepts the settlement, the Lodge/Abbott would Page 137 March 24, 2015 release the county from Burt Harris claims as long as the settlement is not challenged or overturned. This was their proposal. And here we are today. And so they negotiated and it wasn't until 2008, it took years to -- and it was an expensive (sic) to the taxpayers. And they negotiated the PUD settlement. The eagles did not gain a thing. They lost the protective -- from the county, the protection for the eagles in that settlement. So you could say that this PUD settlement was basically on the wings of eagles. That is why we are -- that is why I am here today, because of the quality. If we can't coexist with our wildlife that is around us, and they -- that we have to reopen that PUD agreement, and if we do, it will be opening pandora's box. Because it is protected now, that green area, with the wildlife. Whether we'll ever get those eagles back again, we'll never know. It was the first time that I had ever seen eagles in the wild in my life. And we were very proud of our national emblem being in that area. I had friends that would come down from Lee County and say we saw, we saw an eagle in a tree on our way down here. They couldn't believe it. I said, those are our residence eagles. And we were all very proud of them. You could drive up Vanderbilt Drive and there'd be people out with their cameras, they would be standing by the side of the road -- CHAIRMAN NANCE: Thank you, very much. MS. BEYER: -- looking at the eagles. I ask you to vote no on reopening the PUD. CHAIRMAN NANCE: Thank you very much. MR. MILLER: Your next speaker is Gary Eidson. He'll be followed by Patricia Massey. MR. EIDSON: Hi. My name's Gary Eidson. I'm formerly of Glen Eden. I currently live in Ft. Myers. And it's a pleasure to speak once again to this Commission. Page 138 March 24, 2015 I have a deep fondness for Collier County. During the eight years I lived here I served on the Glen Eden board, the District 2 advisory board and numerous other committees and worked in the community. To be so involved in this vibrant community was an honor that I'll long remember. Nine years ago in 2006, I along with several others, met with Jerry Griffen of Lodge/Abbott. We negotiated the key elements of what would become the 2008 settlement agreement. So I have kind of a vested interest in this agreement. I'm here today because I'm shocked and disappointed to hear that this effort is being made to dismantle a binding agreement. It was an agreement that was crafted to help the county avoid Burt Harris claims and to protect the green space of North Naples. And it even was designed to help the developer protect his investment. We thought we were being very fair. Maybe too fair. Now I question the motivation behind tampering with this agreement. It appears to me, and so much has been said and I don't want to duplicate it, so I'm changing some of my comments, but what it really appears to me is that if you're only putting in 62 homes and they're going for a couple million bucks apiece, that's going to work out to on a good day maybe $50 million worth of profit. On a good day. And I just don't think that's enough to motivate these guys. I think what's really going on here is it's a setup to create an environment where the thing can be sold, then you've got a whole other bunch of people involved, pretty soon it's not 62 homes, it's 100, I can't afford it, we're back to Burt Harris and everything is -- we're back to where we started. You've got a nice beautiful agreement here. It's very clear, everyone has stated it. I can't begin to imagine why you want to mess with it. It was carefully crafted. And while it wasn't all things for all people, it did give something to everyone connected, and that's a great Page 139 March 24, 2015 deal. Most important is the fact that this was accepted in good faith by those of us who were a part of the initial negotiation. It was accepted in good faith by the people of District 2, by the Collier County Commissioners, two of which are still sitting today, and by Lodge, who agreed to work in good faith to accomplish the intent of this agreement as clearly stated in Article 19. It is truly a sad day when a document that uses language such as in perpetuity can later be interpreted to mean unless a commissioner or developer decides we should change the deal. It would be a great disappointment to see this Commission take action that would break this binding agreement and thereby compromise the public trust. I sincerely hope that you will vote no on this matter. And thank you so much for the opportunity to speak. (Applause.) MR. MILLER: Your next speaker -- CHAIRMAN NANCE: Ladies and gentlemen, please respect the public hearing. MR. MILLER: Your next speaker is Patricia Massey. She'll be followed by Richard Corace, Corale. I'm having trouble with the spelling here. MS. MASSEY: My name is Patricia Massey. My husband and I are full-time homeowners at 14668 Glen Eden Drive. Our front door faces the preserve, the green space that our Glen Eden contractor referred to as a would-be golf course in 2001. We bought the property knowing that. In the years that followed, we attended many discussions and meetings concerning building towers on the west side of Vanderbilt Drive. It never occurred to us that there could be clear cutting of the land or a proposed golf course across from our home. In the 2008 settlement Lodge/Abbott was given additional Page 140 March 24, 2015 housing units in the towers in return for either a golf course or keeping the land as green space forever. The cost of that settlement to taxpayers was $2 million. Now in 2015 Lodge/Abbott wants more housing units, more profits than a golf course will bring. We expect the Commissioners to hold Lodge/Abbott to the 2008 settlement that he signed. It was a good deal then, it's still a good deal. When is enough enough? What will Lodge/Abbott want next? It's important for public trust that Commissioners hold Lodge/Abbott to the 2008 settlement. Please vote no to reopen the PUD. Thank you for this opportunity to speak. MR. MILLER: Your next speaker will be Phil Fitzpatrick, and he'll be followed by Donna Reed Caron. MEMBER OF THE AUDIENCE: Phil's gone. MR. MILLER: I understand Mr. Fitzpatrick is gone. Donna Reed Caron will be followed by Susan Snyder. COMMISSIONER FIALA: What happened to Richard Corace that was supposed -- MR. MILLER: He waived. COMMISSIONER TAYLOR: He's the developer. MS. CARON: Good afternoon, Commissioners. For the record, my name is Donna Reed Caron and I live at 790 Wiggins Bay Drive. I served on your Planning Commission during the settlement negotiation, so I'm really well aware of all the commitments. It's the intent today of Lodge/Abbott to essentially gut the 2008 settlement agreement by removing in entirety several key paragraphs. Now, the first was number five, which despite the obvious transparency, I would like to thank the petitioner for returning to you all the $3 million for workforce housing. It is desperately needed in this county, and it never should have been in question to begin with. Paragraph 8 commits the eastern portion of the development to the golf course or green open space in perpetuity. Page 141 March 24, 2015 Number 11 states that the maximum dwelling units will be limited to 590 units. Number 11 restricts development standards to certain things on the east side and certain things on the west side. At the time of the 2008 settlement, it was established by the petitioner and citizens that the highest and best use of the property was to cluster the development on the western parcel. And as a result 110 units were moved from the east to the west. With that came the clear understanding in strong settlement language that with this density shift the eastern parcel would remain as either golf course or green open space with specific uses. Treating this request as merely asking to convert a no longer sought after golf course project into residential is a straw-man issue. Because the abandonment of the golf course was also anticipated and negotiated in the settlement. Specifically, and I'll quote: These restrictive covenants shall each provide that if the golf course development area or golf course use is ever discontinued or abandoned for any reason, then all of the golf course parcel, including without limitation the entire golf course development area, except for those portions allowed for two residential units shall remain forever as green open space and be limited in perpetuity to the uses expressly stated in the PUD. Further, let me quote the petitioner's agent at the February 25th special meeting of the Planning Commission. Quote: And keep in mind in exchange for this we've given up doing the deed restrictions. and things like that, we're giving up the ability to come back later. Say the high-rise market is a bad move. We can't come back and amend to put our units on the east side -- CHAIRMAN NANCE: Thank you, ma'am. COMMISSIONER CARON: -- end quote. MEMBER OF THE AUDIENCE: I'll cede you three minutes. Page 142 March 24, 2015 CHAIRMAN NANCE: Please continue, ma'am. COMMISSIONER CARON: Thank you. Negotiated settlements between government, development interests and the residents of Collier County have to date been an effective method of approaching the goal of highest and best use for our scarce resources. If such good faith settlements become dissoluble upon simple claim of unilateral displeasure, as is displayed here, county officials will be left with few options other than the courts to establish and preserve balance between competing visions, needs and the ideals of land use processes. This should be of great concern to the Board. In your deliberations, please remember our statutes, ordinances, regulations, procedures, policies and agreements contain both permissions and protections. If permissions are to be considered sacrosanct, then it follows that no less legal weight can be accorded to protections. However, all too often the protections are challenged and abrogated. You must not give added weight to the requested changes over the properly negotiated and enacted set of assurances in the 2008 settlement agreement. A couple of other things have come up. One is this deed restriction that the petitioner has offered. I can tell you right now that that actually takes rights away from individuals. And I can also tell you that no association has had it reviewed by their legal counsel. It is right now an imaginary alliance of homeowners associations, and it doesn't do a thing for the people at this point. One thing that was mentioned, Commissioner Hiller, you were talking about the density in other properties around. Most of that density was determined far -- long before we had even four units an acre in the coastal high hazard area, never mind three as we have now in that area. As to the property that's being added, the 94 acres, I believe that's Page 143 March 24, 2015 part of mitigation for the eagle. Now the petitioner can correct me if I'm wrong about that, but I think we actually are not getting a lot for that. It's not developable land to begin with, according to our LDC. And so -- and you're also allowing protections that are in place right now for 200 feet around the entire perimeter of that eastern property before structures can be built, and that's going away if they get their way. CHAIRMAN NANCE: Thank you very much. MR. MILLER: Your next speaker is Susan Snyder. She'll be followed by Bonnie Michaels. MS. SNYDER: For the record, my name is Susan Snyder. I'm a Florida resident. I live at Baker Carroll Point, which is Vanderbilt Beach. I'm a research associate with the Florida Department of Agriculture and Consumer Services. And my research involves the diversity of living organisms and a Gofer Tortoise preserve. I attended the neighborhood informational meeting on February 26th and I asked several questions about the developer's land management of the property in question. I asked if they intend to clear-cut land on the east side of Vanderbilt Drive the way they did on the west side. At first I was told by Mr. Grant that they didn't clear- cut. When I said the only native vegetation left were the government protected mangroves in the river, I was told they had to remove a lot of invasives, and that was told to me by one of the developers. Then I was assured that they did not intend to treat the right side of Vanderbilt Drive in the same way, and in fact they would be leaving it preserve. After looking at the architect's rendition of development on the 175 acres east of Vanderbilt, I asked where the spoils from the five lakes would go. The attorney said he didn't know. I thought that was a pretty significant question that needs to be answered. Commissioners, anyone who's familiar with the area on the west Page 144 March 24, 2015 side of Vanderbilt Drive knows that that land used to be the habitat for eagles because of slash pines. It was habitat for Gopher Tortoises and many other native species because it was a scrub. Once the development company got its many concessions from the county in the 2008 agreement, the land was mismanaged from the standpoint of protection of the natural environment. Now let's consider land on the east side of Vanderbilt Drive. It has many different habitats, including a marsh with wildflowers, a cypress swamp, slash pines -- again, that's habitat for the eagles -- and Saw Palmettos. The more diverse the habitats are, the more diverse the group of organisms that live there. In the 175 acres, there are animal created pathways of all sizes winding through much of the property: Native plants growing there provide us with oxygen, butterflies and bees are pollenating the plants, animals living there are part of the food web that involves threatened and engaged species. On that piece of property there are organisms ranging in size from microscopic to large mammals. Many may be species completely unknown to mankind, as I've been discovering in my own study of a Gopher Tortoise preserve. Most of those vacationing that move to Collier County do so because they don't take the environment for granted. Green space of the natural environment is the asset in the county that many other areas do not have. Collier County is very unique. It is the ethical obligation of the County Commission, as stated in its own growth management mission, to improve quality of life for county residents by protecting natural environments. These 175 acres will be protected by simply not amending the PUD. CHAIRMAN NANCE: Thank you. MS. SNYDER: Thank you. MR. MILLER: Your next speaker is Bonnie Michaels. She'll be followed by Nicole Johnson. Page 145 March 24, 2015 MS. MICHAELS: Bonnie Michaels, representing Collier Citizens for Sustainability. Thank you. I don't live in any of the communities that were mentioned, but I do care what happens, because it really sets a precedence. You know, Collier is being developed like crazy, and we're all looking to make sure that agreements are being kept. You know, Susan just talked about the land. And quality of life is something that's very difficult to quantify. However, it's the reason that most of us came here. And every time you, you know, pull down trees and lose wildlife, lose green space, the quality of life is diminished. Not just for us, but people that are moving here, tourists, people are really paying attention to what is going on now in Collier. And I think that this is a big deal. The decision that is being made is going to be looked at very, very carefully, not by only current residents, but by people who are planning to live here. That green space is precious, and we have so little left in Collier, in our urban area. And there seems to me no benefit at all in opening this up again. Thank you. MR. MILLER: Your next speaker is Nicole Johnson. She'll be followed by Doug Fee. MS. JOHNSON: Good afternoon, Commissioners. Nicole Johnson here on behalf of The Conservancy of Southwest Florida, and speaking on behalf of The Conservancy's over 6,000 supporting families. The Conservancy asks that you deny the petitioner's request for a rezone and that you not reopen this settlement agreement. We very much appreciate the fact that you are hearing both of these issues concurrently, because you cannot separate the rezone request from the settlement itself. At the heart of it, this isn't about whether or not the rezone request is consistent with the growth plan or the Land Development Code or Page 146 March 24, 2015 even if the density requested is consistent with the surrounding neighborhoods. Lodge/Abbott chose to settle the Burt Harris suit by including land use restrictions as part of the settlement itself. They didn't have to do this. The suit itself was over the eagle. So settlement could have technically been just by addressing the eagles. But the parties chose to put more into that settlement agreement. Therefore, from the Conservancy's perspective it really comes down to the issue of integrity in the process. Is there potential for erosion of public trust or a negative precedent set by renegotiating a settlement because one party wants out of commitments made within it. And the Conservancy understands settlement agreements. We are a signatory to many settlements. We do understand that there is a clause in the settlement that does allow for amendment where appropriate. Yet we are extremely cautious when evaluating the appropriateness of such amendments because a dangerous precedent could be set if others that we have settlements with decide they too would like to renegotiate their agreements. Or, equally concerning, if our renegotiation could diminish the community's trust in our organization to uphold the principles for which we say we stand. And we believe similar considerations are also part of the county's requirements. The Conservancy does not believe that the minimal amount of additional preserve that would be part of the redesignation from golf course to residential warrants opening the settlement. The 92, 93-acre parcel that is being proposed to add to the PUD already has a deed restriction on it that says residential can't happen. There have been some other I guess concessions that have been brought up today, and I just want to touch on those very briefly. First of all, they won't remove the $3 million commitment for affordable housing; I think that's good. But you'll still get the $3 Page 147 March 24, 2015 million if you keep the settlement. The idea of putting the fake tree or the disney tree within the preserve, the Conservancy does not believe that taking an active eagles nest and replacing it by a fake tree should allow the settlement to be reopened. And very briefly, this idea of the deed restriction, it's a moving target. It's been renegotiated even today. So we believe that what provides the most assurance is the settlement that's currently in place. We ask that you deny the rezone and not open the settlement. Thank you. CHAIRMAN NANCE: Nicole? MS. JOHNSON: Yes. CHAIRMAN NANCE: I have one question for you. MS. JOHNSON: Sure. CHAIRMAN NANCE: I would like to ask you on the record, the Conservancy would endorse building a golf course on this property rather than adding 60 additional homes? MS. JOHNSON: Well, first of all -- CHAIRMAN NANCE: Excuse me, ladies and gentlemen. MS. JOHNSON: The Conservancy didn't support the settlement agreement. We were supportive of the eagles and the eagles got -- CHAIRMAN NANCE: That's good. I just want to know your position on a golf course there versus 60 additional homes. MS. JOHNSON: If we're concerned about golf courses and pollution, I think we need to look at a meaningful fertilizer ordinance that deals with -- CHAIRMAN NANCE: I agree. I agree. So what's your position at this moment? MS. JOHNSON: Our position is the settlement is there, it was negotiated, and we don't believe that changing it from golf course to residential, regardless of-- and I don't know what the additional Page 148 March 24, 2015 pollution load may or may not be, but we don't believe that it's worth impacting the public trust and erosion of the public integrity in order to renegotiate the settlement. Let's look at meaningful fertilizer ordinances to deal with the -- CHAIRMAN NANCE: You don't have an objection to a golf course? MS. JOHNSON: We're supporting the settlement because the settlement was negotiated. CHAIRMAN NANCE: I understand. Thank you. MR. MILLER: Your next speaker is Doug Fee. He's been ceded three additional minutes from Bruce Burkhard. Mr. Burkhard, can you acknowledge your presence here? MR. BURKHARD: (Indicating.) MR. MILLER: Thank you. And he'll be followed by Ellie Richman. Do you need help? MR. FEE: Well, let me see here. I don't have the link. Good afternoon. For the record, my name is Doug Fee. I appreciate you allowing me to speak today. I live in the area of Wiggins Pass. I've been a resident of that area for about 17 years. I was involved in the original 2008 (sic) rezone. At that point when the developer came forward with his plan, we had formed an organization called North Bay Civic, of which it's an umbrella group that many of the homeowners in that area were members of Recently when the developer came forward on this project, there was a neighborhood information meeting and there were over 700 people from the area that attended that meeting. I went to the meeting, and walked away from it not very happy with the proposal. So immediately thereafter we formed this petition in front of you. I want to give credit to a woman who lives in Wisconsin, her name is Page 149 March 24, 2015 Emily Kearns, as well as a neighbor here, Diane Rupnow. They worked very hard on this petition. We collected approximately 750 signatures through the first go-around. And many in the neighborhood were opposed to the original proposal. We went to the Planning Commission and showed these petitions, and basically were told that because there were two proposals that the petitions that we signed earlier may or may not apply to. So what we did was we launched a second petition. Each one of you were delivered the petitions, and they represent to date somewhere around 1,400 names. I'm very proud of our area and the involvement of the citizens that you represent. And many of them are my friends. We don't want you to open the settlement. We feel that what got solved in 2008 was the deal. There's so many things that if you open this the public, if you're able to read some of the petition comments, they were asking you please, do not open this settlement. Okay. It's quite obvious that with 1,500 people the area has spoken, and please listen to these people. Again, I just want to reiterate that we did our homework and that these 1,500 people that have signed this petition are actually in this room with us right now. Many of them are at an age where they can't sit for four or five hours. And we understand that, you understand that. And that is some of the comments. When I talk to the residents that live around that area: Please tell them I'm against this, but I'm unable to go because I'm older and I cannot sit for that length of time. So I want to move on. We used a website called change.org. Over the last couple of days we've actually had 200 people sign this petition. Since yesterday morning there were around 150 people. Since last evening at midnight, there have been 45 people. It goes on and on and on. And we will continue to do this to tell you, our (sic) Page 150 March 24, 2015 elected officials, just how important a matter this is. I encourage you to read some of the comments which I know you have in your hands. I'm very thankful for Diane and Emily. I'll sit down soon, but I have one issue I wanted to raise and that has to do with the Burt Harris Section 70 Florida Statute. In the settlement itself, number 25, you have a statement that says that the county and Lodge shall request that the court in case number 05967-CA approve this agreement and release its terms. I know about that case. However, I do not believe the county and the landowner have ever delivered this settlement to the court. I know that in the statute itself under 4.D.2 it says: Whenever a governmental entity enters into a settlement agreement under this section, Burt Harris section, which would have the effect of contravening the application of a statute as it would otherwise apply to the subject real property, the governmental entity and the property owner shall jointly file an action in circuit court where the real property is located for approval of the settlement agreement by the court to ensure that the relief granted protects the public interest served by the statute at issue. I won't read the rest. The issue is the settlement incorporates the rezone. And it's a very, very important document. It's a court document. Or it should be. That process never got -- it was never entered. And here we are. There is some language in the settlement that says it must be done in the same formality. So my question would be, if you open up the settlement and close the settlement are you then going to allow us the citizens an opportunity so that this settlement is in the courts? Because I don't know what our entry point is as residents. I do not know what the entry point of anybody who sits around the property -- I'll leave it at that and I appreciate all your time. Thank you. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is Ellie Richman. She'll be Page 151 March 24, 2015 followed by Joe LaBella. MEMBER OF THE AUDIENCE: Ellie Richman is not here. MR. MILLER: Joe LaBella. He'll be followed by Bruce Allen. MR. LaBELLA: My name is Joe LaBella. I live in the Bay Forest community. I agree with you that golf courses have a large impact on the environment, but I haven't heard the developer state that he is going to build a golf course. But that's not what I'm here to discuss. Imagine for a moment that someone sues you for millions of dollars. And you settle. And then some years go by and the person who sued you asks you to reopen the settlement because they want to get more from you. Now, I don't know about you, but I don't think I would like that too much. This developer sued the taxpayers of Collier County for millions of dollars. There was a settlement. And now he wants more. Please, vote no to reopen this. Thank you. MR. MILLER: Mr. Allen had to leave, so your next speaker will be Eleanor Trevison. She'll be followed by George Malloy. Eleanor Trevison, am I saying that properly? T-R-E-V-I-S-O-N? MEMBER OF THE AUDIENCE: I think she had to leave. MR. MILLER: All right, George Malloy. MEMBER OF THE AUDIENCE: He's left. MR. MILLER: Dick Wilson. Mr. Wilson will be followed by David Galloway. COMMISSIONER HENNING: I'm not sure David is still here. Why don't we -- I don't see Mr. Galloway. MR. MILLER: Okay. COMMISSIONER HENNING: So why don't we continue going on with the speakers list. MR. MILLER: Okay. Are you Mr. Wilson? MR. WILSON: My name is Dick Wilson, I'm the president -- Page 152 March 24, 2015 COMMISSIONER HENNING: Or not. MR. WILSON: -- of Tower Point Condominium in Arbor Trace. And we support the developer's proposal to build 62 high-end homes on their 175-acre property. This property is not developed. It will, as it has in the past, attract trash of all kinds and homeless people. I think the covenant that runs with the land that Attorney Dick Grant mentioned this morning is very meaningful. If it's going to require all of the associations that he listed to agree to any further change, I think that's a great protection for Collier County and for our neighborhoods that the developer will make no further changes, because you'll never get all of those people to agree. I think if we compare a vacant lot with a golf course -- and we heard a good deal about golf courses this morning, about the water problems and the fertilizing and the contamination of our water system -- if you compare the vacant lot and the golf course with 62 fine homes in the $2 million range and the tax revenue that that brings us in the county, and also those adjacent properties are going to be influenced with higher taxes also, because their values are going to be increased also, I think that the decision is clear that the 62 homes is a good alternate. And I hope that the Collier County Commissioners will do what's right for Collier County and for our neighborhood. Thank you. MR. MILLER: Your next speaker is David Galloway. I don't believe he -- COMMISSIONER HENNING: I told you. MR. MILLER: Yes, sir, sorry, I wasn't understanding. Sharon Heidrich. To be followed by John Kindsvater. MS. HEIDRICH: Hello. My name is Sharon Heidrich, and I am a homeowner in the Wiggins Bay Foundation community. Most of my concerns have already been addressed here by many of the previous speakers. Page 153 March 24, 2015 My one main remaining issue does rely -- or does refer to this proposed covenant that was discussed this morning. And although the full force and effect of it would be somewhat debatable, I still would like to urge the Board to make this a condition -- if the proposed amendment to the PUD is approved, to make this a condition to have it signed and recorded to incorporate the changes that were discussed this morning between Commissioner Hiller and Mr. Grant. And furthermore, I would just point out that some of the master associations that were referred to this morning, there were some inaccuracies there, and I would just hope that that would be cleared up. I don't know who would oversee the final process, but of course this all hinges on whether or not the amendment to the PUD will be opened. It could be a moot issue. Those are my concerns, and I appreciate your time. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is John Kindsvater. He'll be followed by Raymond Parker. MR. KINDSVATER: Mr. Chairman, Commissioners and dedicated staff, for the record my name is Jack or John Kindsvater. In the interest of full disclosure I'm a member and former officer and director of the Estuary Conservation Association, which as you know encourages balanced stewardship of the Cocohatchee Estuary which serves both man and nature. I'm also an equity member and past commodore of the adjacent Pelican Isle Yacht Club. And my 95-year-old mother-in-law is a unit owner and resident of the adjacent Tower Pointe at Arbor Trace. I want to focus my comments on Item 12.A. Because this is the one as you well know that has to really come first. Because if you don't allow the opening and the reconsideration and the amendment of the agreement, all the rest of this is moot. And I point directly to Page 12 of your staff report where they say, note: The proposed PUD Page 154 March 24, 2015 amendment is inconsistent with the settlement agreement. And the staff is recommending approval of this PUD agreement on its own merits only if the BCC wishes to amend the settlement agreement. Without agreeing to that, it's a moot point. Okay, now, let's go get to four questions that I'd like to propose briefly that you take a look at. The first one is: Why would the Commissioners agree to reopen a hard fought settlement, made under threat of an approximately $300 million lawsuit and at great expense to the taxpayers of Collier County which the developer agreed to never reopen? What is it in there for the residents and for the county to reopen it? And there's also been some questions brought out about what additional liabilities the Commission may tack on itself if they do reopen it. The second one, why would the Commissioners allow the developers to abandoned a designated golf course and then build 62 homes on that land when the agreement mandated if the golf course is not developed then the land will be used for open green space. Now, Commissioner Nance, I totally agree with the point, I would prefer 62 homes to a golf course. But I suggest that's not really the issue. Because the issue here is that golf courses are not economically viable and all of the projections that I read show them to be less economically viable going forward than they are today. I think a case in point here with the same developer can be made. If you look at The Dunes docks. The Dunes docks were fought for over a long period of time. And the developer finally won permission to build them. You might ask, have they been built? The answer is no. And the reason is they're still not economically viable. Okay, the issue of the additional 93-acre parcel, as Nicole Johnson said, it's already been restricted in development. And again, I totally agree with you, that area along there from north to south is Page 155 March 24, 2015 beautiful, but the current agreement protects that. You don't need to reopen it to get to that. And finally, the only benefit is to the developers, which is a foreign corporation based on our friends in Michigan. And thank you very much. MR. MILLER: Your next speaker, Raymond Parker. He'll be followed by Katherine Shaw. MR. PARKER: Hello. My name's Ray Parker, and I stand to speak against opening the settlement agreement. And basically just for a couple of reasons. I think I'm fairly informed about all the parameters that have been written about in the paper and all that. I was, as I sat here this morning, surprised to hear these other kind of incentives that have come about recently in order to encourage I think the Commissioners to vote in a certain way. I have no doubt that the developers would have bought those soccer fields for the East Naples group had they known that that would get this thing to pass. And we all know that the incentives that they articulated are just vapor in the air. Because they're not in any kind of written agreement. And because we all know that even written agreements, you know, aren't worth that much for very long, if they can be so easily compromised within five or six or seven years. The other point I want to make is that there's absolutely a supermajority of citizens who do not want the settlement agreement reopened. And the universal imperative of government is to follow the will of the people. The will of the people is very clear here. Out of everyone who's spoken today, there was one gentleman that supported opening the agreement and several who have spoken against it. So if you're going to really reinforce the concept in the citizenry that we live in a democracy made up of people who you represent, then don't reopen that agreement. And that's all I want to say. Thank you. Page 156 March 24, 2015 MR. MILLER: Your next speaker is Katherine Shaw. She'll be followed by James Shaw. MS. SHAW: Thank you for letting me speak. I'll pull it down, I'm not used to this stuff. I hate this. I'm speaking now for my husband and myself. We're asking you to please vote no. Obviously I'm wearing it. Do not open the 2008 settlement in order to expand the approved Clam Bay development by adding 62 homes on the east PUD property. We have listened to and agree with the various concerns voiced by surrounding communities' environmental conservancy groups. We have been residents of the Barbados Seven neighborhood in the Tarpon Cove community for five years. We own one of 22 homes which currently enjoy an expansive preserve view that looks westward toward the projected PUD development of 62 homes. Many of us purchased our homes because of this view and were confident based on the 2008 settlement agreement that the view would change little as a golf course or green space. We were told there would be 100 -- recently we were told there would be 100-foot vegetative buffers for Tarpon Cove. We discovered to our surprise at the February 26th meeting that the 100-foot buffer between the development and the residences of Tarpon Cove the would not extend to the Barbados 7 neighborhood or northward. The developer felt that since there was already a Tarpon Cove preserve there greater than 100 feet in depth, he need not add anymore. What he overlooked was that the area of the preserve is composed of tall slash pines, low scrub, cypress tree domes, small ones, and some open clearings. We can see through the PUD land year-round, but from December through March when the cypress and other deciduous trees shed their leaves, there's a view of the PUD minimally obstructed by tall narrow tree trunks. Furthermore, there is an ongoing county mandated invasive removal, invasive plant removal, that our Page 157 March 24, 2015 community has to comply with, and it's in progress in the Tarpon Cove preserves, that will further reduce the vegetative cover. We will be able to see these beautiful new homes and they will be able to see most of our 22 homes there in their corner. Now, there will be sound and light pollution, because the streets are on the outside of the homes. Fine, maybe you can shroud the lights. It will impact the serenity and beauty of our preserve. The proposed berm on the east boundary of the development raises another concern for that area of our preserve, that the natural flow of surface water to our north preserves and cypress trees, there (sic) will be blocked by the berm. Now, I'd like to just try to race through this if I can. Tarpon Cove has an increase for potential flooding in the special -- and especially in the Cayman communities. And residents have observed this, so we're just mentioning it. We support their concerns. We're also confirmed for TC and the surrounding communities because of the water quality and the Cocohatchee Estuary. It will be further degraded by this increased development. Data collected since 2002 says the water is degraded, impacts the fisheries -- CHAIRMAN NANCE: Thank you, ma'am. MS. SHAW: But please don't open this. The only beneficiary is the developer. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is James Shaw. He'll be followed by Kathleen Gallagher. MR. SHAW: I'm Jim Shaw and I reside in Barbados 7 community of Tarpon Cove. And in the event the PUD is reopened, we all have concerns, and now we're in damage control mode. We've communicated some of these concerns to the planners and we've also spoken with the county engineer. We are several of-- one of several homeowners that look directly across the PUD toward the Page 158 March 24, 2015 PUD in the western direction, and we really treasure the preserve view and we purchased it expressly for this view. As my wife said, we are going to be able to look right through this preserve. Even though it's deep, it's very thin. So what we're asking for is several things: First for the developer to reconsider extending that 100-foot buffer to protect this northwest section. We ask him to work closely with Collier County, this is going to be a joint effort, to come up with an implement of buffer landscaping standard that provides year-round visual block and provides sound deadening and prevention of light pollution. This is not just for our local community, but putting this in all of these areas where the new buildings are very, very close to existing neighborhoods, providing this light sound and visual barrier would be very beneficial to even the 62 homes. We also ask the developer and the county engineers to work closely not to change the hydrology in such a way that it would be detrimental to the existing cypress trees that we treasure. This is a very delicate balance here. We are pleased with the developer offering this declaration of covenants. We hope the Commissioners and the developer continue to work together to sew up all the loose ends so that it provides all of the protection that it's intended to. In closing, I'd like to thank you for hearing our concerns and considering them. And to paraphrase Robert Frost, good buffers make good neighbors. Thank you. MR. MILLER: Your next speaker is Kathleen Gallagher. She'll be followed by Sal -- sorry, Sal, I cannot make out your last name. Arrici (sic), I think. MS. GALLAGHER: Hi. Yeah, Kathleen Gallagher. I live at Tarpon Cove. My home abuts this property that we're speaking about. First of all, I wanted to say that I don't support this. I don't want Page 159 March 24, 2015 you to open the PUD. I think it was an agreement that was entered into in 2008 and how we got to that was because of feasibility, it wasn't financially feasible for them then. And it seems to me we're back at the same place. After they made this agreement, we gave them 108 units, which probably is a $300 million windfall for them, because they're already building those buildings. And here we're back here again. But I also -- you know, I find it unconscionable that any of our Commissioners would support opening and subjecting the county and taxpayers to lawsuits which are clearly waived under the 2008 settlement agreement, which this -- you know, what could happen. Also, so we're back here on that issue again. Now they're telling us it's not financially feasible to have a golf course. Which, you know, that's exactly what happened before. But there are concessions. There are -- in this agreement it says it will be open space. So then that's what it should be if it's not feasible for them. It would be passive recreation. Also, somebody talked earlier, I don't know who it was, about this golf course thing and it not being good. I don't agree with that at all. I don't agree that 62 homes wouldn't be worse for the environment. If you're going to have multi-million dollar homes and they're going to have three bathrooms each and whatever, the chemicals we're using, the EPA is regulating a lot of our chemicals now. It's not anywhere near as bad as it was 20 years ago with golf courses. I think whoever testified, the person was saying something about they worked on golf courses. Well, that could have been 20, 25 years ago, I don't know. But I don't agree with that either. So anyway, I just think that we should -- I just can't imagine why you would open anything up that would subject the taxpayers and Collier County to any kind of lawsuits again. And it's clearly stated in that 2008 agreement that they cannot ever sue. And we already gave Page 160 March 24, 2015 them 108 houses and a windfall. Thank you. MR. MILLER: You're next speaker is Sal Baricci (sic). Since you did not respond, I'm going to assume he's not here. Thomas Lynch. Is Thomas Lynch here? MR. LYNCH: Yes, but I ceded my minutes to the attorney. But if you have time, I'll also speak. MR. MILLER: I did not cede your minutes to anyone, sir, so you'll have time to speak. And he'll be followed by Len Rober. Is Mr. Rober here? COMMISSIONER TAYLOR: No. MR. MILLER: Judy Palay will be after Mr. Lynch. MR. LYNCH: Commissioners, I'm pleased to be here. My name is Thomas A. Lynch. I live at Glen Eden on the Lakes and we've been homeowners here for about 13 years. My -- the issue of trust is highly on my mind. I know we keep on talking about these 62 houses on the eastern side. But under my understanding, that once the settlement is opened, the PUD is opened, the builder will really have a lot more power and will -- cannot be restricted by his statements. My understanding is that once he has the agreement open and he is free to wheel and deal again, that he may build 100 houses or 200 houses. And so I really don't trust the builder and I hope you don't trust him either. Thank you. MR. MILLER: Your next speaker is Judy Palay. She's been ceded six additional minutes, three from Diane Allen -- Ms. Allen, can you indicate your presence? MS. PALAY: She had to leave. And I won't need them. MR. MILLER: Okay. Well, then, Patsy Abbett. MS. PALAY: I think she may have also left. MR. MILLER: We'll start you with three minutes, how does that sound? MS. PALAY: Thank you. I'm Judy Palay. Page 161 March 24, 2015 As you are aware, when limits were placed upon Lodge/Abbott's proposed development and it did not get what it wanted, it filed suit against the Board of County Commissioners, resulting in litigation and expenditure of public funds. The matter was resolved in the June 9th, 2008 written settlement agreement. It placed reasonable limits on construction and design in this area. The developer signed the agreement, transferring 108 units from the east side of Vanderbilt Drive to the towers on the west side where extra floors were added to accommodate this change. Lodge/Abbott now seeks to double dip by adding 62 units back into the area east of Vanderbilt Drive. That was to remain as green space per the settlement. When the 2008 agreement with the company was reached, we citizens believed that we were working with the corporation. Lodge/Abbott was satisfied to receive additional density on the west side of the road in compensation for any density it did not receive on the east side. It was permitted to move those 90 units that were to be affordable housing and 18 units from the golf course parcel onto the five towers, adding extra height and, by the way, blocking views, creating a wall effect. It also received permission to develop two estate homes on the east side. A clear, lengthy and tightly negotiated written settlement agreement perpetuated the resulting compromise. It mandated alternative use for the proposed golf course area, a recreation area with green open space in perpetuity by deed restriction. In fact, this was the consideration for allowing the development Lodge/Abbott sought in 2008. Yes, Lodge/Abbott just changed its mind. Having clearcut the land on the west side, it is back at the table seeking to rest further profit and more density from the eastern lands that were specifically set aside as open green space. The extra density was put into the towers. Page 162 March 24, 2015 To the representatives of Lodge/Abbott, be true to your word. Comply with your written agreement and leave this green space to remain a haven for our animals and plants. The Lodge/Abbott preserve is a legacy left in perpetuity. And finally, we ask you, why open a court approved settlement if not for the compelling interest? What is the public benefit for setting aside this agreed agreement? What do we gain from the increased density, the loss of open space? And worse, what do we, your constituents, gain by the loss of our ability to rely on our local government to uphold its own decisions and protect our investments and property. You made the settlement agreement; it is your obligation to uphold it. CHAIRMAN NANCE: Thank you. MS. PALAY: We thank you for hearing our plea. Please support us and vote no. MR. MILLER: Your next speaker is Diane Rupnow. She's been ceded additional time from Ellen Wright. Can you indicate your presence? MS. WRIGHT: (Indicating.) MR. MILLER: Thank you. And also from Allen Massey. MR. MASSEY: Yeah, right here. MR. MILLER: She will have a total of nine minutes of time. And she'll be followed by Graham Wright. MR. WRIGHT: That's not correct, I don't think. I ceded my time. MR. RUPNOW: No, Graham ceded his time. MR. MILLER: To you? MR. RUPNOW: To Ralf Brookes, who left. MR. MILLER: Then this is your final speaker on this matter. MS. RUPNOW: Thank you. The language in the settlement agreement is strong and direct. In Page 163 March 24, 2015 paragraph eight it states: If the golf course development area or golf course use is ever discontinued or abandoned for any reason, then all of the golf course parcel including without limitation the entire golf course development area, except for those portions allowed for the two residential units, shall remain forever as green open space and be limited in perpetuity to the uses expressly allowed in paragraph 5.3 of the amended PUD preserve parcel. Now, look at those words. The people who negotiated that settlement put those words in there for a reason. They thought today would come. They thought that this developer would be back wanting more. So they put in those terms: if the golf course is abandoned for any reason. It didn't say if golf courses are no longer profitable. It said for any reason. And it does say forever as green open space. And perpetuity does have a meaning. It means a long time, not six years. It means a lifetime. And they did put in a clause about supermajority. And that's where you come in. According to the dictionary, perpetuity means time without end. And time hasn't ended yet. The uses of that land are limited to those that you see up there. In Section 5.3, and it's listed in the preserve parcel part of the settlement, those are the uses for that land. Passive parks, boardwalks, biking, hiking, nature trails. Look at them, all passive park things. Nowhere does it say in there that building 62 homes would be compatible with those uses that you just saw. That is not compatible. Paragraph eight says: Any revisions to these restrictive covenants will require a supermajority vote of the Board of County Commissioners. That clearly states that today four of you would have to vote yes in order to amend this. I think four of you should have to vote yes to open it. This should not open with just a simple majority. Because this matters. This is of significant importance to the public. Page 164 March 24, 2015 We had a lot of people here this morning, and we had a time certain on the agenda. And a lot of people have had to leave because they have health issues. It's really too bad that this has had to drag on so long. But the County Commissioners put such clear strong language into that settlement agreement in 2008 to prevent today from happening, and yet here we are. When my husband and I bought our home in Glen Eden on the Lakes three years ago, we looked into the future use of this land adjacent to us. And we were assured by this settlement agreement filed in the court that that land would be a golf course or forever is green open space. And having 62 homes built next to us is not compatible with what we envisioned would be in this land that was going to be a golf course or green open space in perpetuity. Last fall the developer dug lakes on the west side of Vanderbilt, right where three holes of the golf course were supposed to be. So I think that means that the golf course has maybe been abandoned. And if the golf course is abandoned, there's only one option left for this land and that is green open space forever with uses limited to those in the PUD preserve parcel that are listed right up there now. Mr. Corace himself is quoted as saying that golf courses are a liability. So I don't think he's going to build one. I hope he doesn't build one. When we came back to our home December 27th, I had a black bear in the tree in my front yard. There's only one house between me and this preserve. I put in a stealth camera, and I have multiple photos of bobcats and large mammals. We have bear there, we have deer, we have bobcats. We've seen a panther. We didn't get a photo. We really wanted one, but we didn't get a photo of the panther. But he does travel through our -- as a corridor once in a while. When that land across the road was clear-cut, many, many Page 165 March 24, 2015 animals moved into the land adjacent to us. That 175 acres is the last large parcel for large mammals like these to live. So if he goes in there and he cuts a major portion of this land down, where are those animals going to go? They're going to come into our neighborhood. Can you guarantee us in Glen Eden on the Lakes that we won't have a human wildlife negative interaction? We go out to walk our dogs at night, we carry mace. Just saying. You are in a position where you have said you will uphold our quality of life and our safety. And I think those things need to be remembered when you decide how you're going to vote. Anyway, I'm asking you to protect the investments of the people in Glen Eden on the Lakes. We invested in our home. Our investment's important to us too. It isn't just the developer who needs to make a profit on his investment. We've made an investment too. So in summary I would like to say that the settlement is a legal binding agreement that was negotiated in good faith with considerations for both the county and the developer. The settlement was overwhelmingly approved by the commissioners in 2008 after significant expert and citizen input. The language in the settlement was carefully crafted and extremely specific, indicating that both parties intended to protect their own respective interest. The developer negotiated significant benefits which permitted him to move 110 dwelling units into the lucrative towers. In exchange he committed to leaving the east parcel as golf course or preserve passive recreational use land in perpetuity. To quote Nicole Johnson of The Conservancy of Southwest Florida, amending settlements based on the fact that one party has decided that a currently prohibited use would be more economically viable is a dangerous reason to open a legally binding document. Please, respect the terms of the 2008 settlement. It would be a breach in the trust local citizens place in Collier County Commissioners. This Page 166 March 24, 2015 is clearly a matter of our trust in you. We ask you to maintain our trust by voting no. Don't open the settlement to allow more units. He got them in 2008. Thank you. CHAIRMAN NANCE: Thank you. (Applause.) CHAIRMAN NANCE: We are going to -- there are no more public speakers, Mr. Miller? MR. MILLER: That is correct, sir. CHAIRMAN NANCE: After a vigorous period of time, we are going to take a -- MS. RUPNOW: Excuse me, I forgot something. Am I allowed to finish? CHAIRMAN NANCE: Ma'am, I appreciate your comments, but we're going to move forward. MS. RUPNOW: I forgot to mention about all the public comments. I brought you a folder of these a couple weeks ago and I wanted to make sure you had them. CHAIRMAN NANCE: We received them all, ma'am, yes, thank you. MS. RUPNOW: And I have all the change.org comments and all the letters to the editor. CHAIRMAN NANCE: We're in receipt, ma'am. We appreciate your comments, we have to move forward. I am going to take a 15-minute break for the court reporter who is doing double duty for us today. I'm not going to close the public hearing, we're going to come back and we're going to make a few more comments during the public hearing, and then we are going to go forward from there. So we will come back at 3:58. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Ladies and gentlemen, please take your Page 167 March 24, 2015 seats. We're going to continue for a short period of time with the public hearing. And the first one to buzz in was Commissioner Henning -- COMMISSIONER HENNING: Thank you. CHAIRMAN NANCE: -- following the public speakers. Sir? COMMISSIONER HENNING: Jeff, I'm confused. I'm looking at the settlement agreement, 21. This agreement in release may be amended only by written instrument specifically reference to the agreement and release executed in the same formalities at (sic) this agreement and release. And I'm reading that as, and correct me if I'm wrong, is that specifically says it can be amended. But I'm hearing that a deal's a deal. Uphold the agreement. Does this section allow us to amend the agreement? MR. KLATZKOW: Yes, sir. COMMISSIONER HENNING: Okay. So we're going to uphold the agreement and listen of(sic) the merits of the proposed amendment. And my understanding is of the amendment, and correct me if I'm wrong, it fits our Growth Management Plan, or it adheres to our Growth Management Plan and our Land Development Code. That's what this is, is a PUD amendment to add -- remove golf courses -- or golf course, which is not green space or preserves, and allow for 64 resident-- 62 residential units. And that fits our Growth Management Plan, Land Development Code; is that correct, Kay? You can just nod yes or no. And she nodded yes. Other than that, I think that Commissioner Hiller has spent a lot of time on this issue, so I'll be listening to her comments and base my vote accordingly. CHAIRMAN NANCE: Commissioner Fiala was next, then Commissioner Hiller. Page 168 March 24, 2015 COMMISSIONER FIALA: Thank you. Well, I was here as one of the two of us that voted that day in the 2008 issue. We were very, very concerned because we had a Bert Harris Act lawsuit holding over -- being held over our heads. We knew we had to vote on something, and so we -- as much as I -- I disliked it immensely. I felt that they gave us enough of a compromise saying that they would give us this land, they wanted to build more on the other side. We hated to have them build any higher. We wanted to limit that. But with the Bert Harris Act hanging over our heads as well, and with the promise that in perpetuity we would never, ever, ever see other than two homes being built on that land. I myself didn't want to see even a golf course. And one thing about a preserve, you don't have to spend any money. I mean, you don't have to worry about water, you don't have to worry about nutrients, you don't have to worry about traffic being generated, nothing. It's a preserve. And that to me was a compensation that I could go forward with. That's the only reason I voted yes back in 2008. And I expected them to stick to that promise. Because that was the only reason I voted for it, because they offered us this, what do I want to say, compromise. And so that was the first thing. And then the second thing is as we listened to it all day long -- I made a bunch of notes. I don't usually talk too much during the speeches beforehand and so forth, I want to hear what everybody has to say before I comment. So if you will indulge me. I wondered if this developer has ever built single-family homes before. I've never heard of it. And so what worries me is we've already seen -- now, I've been on here a little over 14 years, and I've never seen them build any single-family homes. Not only that, but I saw them renege on a couple other promises, like The Dunes for instance, and they were always going to have the white sands there forever, and they're gone. I saw them with the Vanderbilt Inn, and the Page 169 March 24, 2015 beach was going to be ours, and some of that stuff has gone away. So I'm afraid to believe anything they have to say, because if they say they only want to build 62 homes in there, they've got a right to build two, if they want to just build 62 homes, what's say they don't bring that back and say well, you know what, we really want to build them on a high-rise and all of a sudden it changes once again. And so I'll tell you, I have some deep feelings about this. Let's see. And the traffic. Now, the time that I was there just recently, man, there's a lot of traffic out there. These are tiny little roads. And Nick Casalanguida has been kind of giving us a little lecture about traffic. And, you know, we have to just watch how much we can pile on any single road before you break the back of the road. And in this case I don't see why we would want to build anymore homes and add anymore traffic to that existing road. Let's see. Some of the other things. Well, I mentioned about perpetuity. You know something else, and this we can't change. In order for the people living across the street from what is about to be built now, and these are these high-rises, you'll never see that water again. It will be gone. Because not only do they build the high-rises, you can't see through them, because then they build fences so you can't get to the water with lots of lush landscaping. So they're not only -- if this is voted -- if they're allowed to do this and open that PUD back up and then build 62 homes which could be anything when they're finished, these people not only have lost that, they've lost the vision forever of the water that they bought there in the first place for. So they're going to be losing double. And that concerns me as well. So let's see, I think I've said about everything I wanted to say as clearly as I can say it. And as you can see, I voted for this way back in 2008. And to turn my back on my own vote and say well now it's okay, I can't do that. So I have to stay with a no vote. (Applause.) Page 170 March 24, 2015 CHAIRMAN NANCE: I'm going to make a few comments, because I want to make a few comments, and I think maybe Mr. Grant wants to make a few comments. COMMISSIONER HILLER: Don't forget about me. CHAIRMAN NANCE: I have not forgotten about Commissioner Hiller. Mr. Ochs, could you please put the map of the -- generally the map of the PUDs up on the overhead for everybody to take a look at? This is basically a map of the PUDs that surround the PUD in question. Extends from Audubon Country Club, this which is the biggest one to the north. They include a pretty good golf course buildup on both of those parcels down to where Bentley Village is. And there's a -- as I mentioned before, there's another golf course down in that area down there that says Olde Collier Golf Club. Out of the 12 PUDs here, somebody mentioned a precedent. What you see before you in PUDs along our coast, that is the precedent for the development in Florida. For those of you that have lived here a while, and some of you haven't lived here a great length of time, but I've lived here long enough to have lived in Florida when none of those were in existence. That is the precedence for the development in Florida. Out of the 12 PUDs that are there, there are only three that have a significant conservation element attached to them. One of them is this leg of Audubon. And then there's a conservation element which is the largest with Cocohatchee. And then there's a conservation element down here in The Dunes. It's not accidental that the latest developer to the party has the largest amount of preservation area. Because that has been the trend over time. When these intense developments were created in here, there's not a lot of preservation associated with it. Mr. Ochs, could you flip over to the aerial? This will just give Page 171 March 24, 2015 you an aerial view of actually what the coastline -- zoom it out a little -- that's what the coastline along our coast looks like. This is the Barefoot Beach Preserve in here, this is Wiggins Pass State Park, this is the greater Cocohatchee Bay, this is the Cocohatchee River in here. This is the last riverine system in the north part of the county, as I mentioned before. But this is the precedence of development in Florida, between U.S. 41 and the areas where you're just about built out as far as you could. From my perspective going forward in perpetuity, which is past the lifetime of everyone in this room, myself included, we share the burden for the environmental impact of what we see here. From my perspective big picture on into perpetuity, adding 66 homes within that block right there is not going to have a very big influence on what you see here. It's just not going to. However, putting an incredibly major source of pollution in here, just the specter that a golf course is going to be built there and impact this area here is to me amazing. People talk about a deal's a deal and what a great deal the settlement agreement was. And I'm going to tell you something: Wherever you live, I don't care what PUD you live in and where you live now, but the developer that developed your community went in there to make a profit. The developer that you bought your home from was no more or less honorable than any other developer or anybody else that participated in this. If you're looking for honor in development, you're simply not going to have it. I'm not against -- (Background noise.) CHAIRMAN NANCE: Excuse me, let me speak. I'm not against developers, okay, but I've watched in my lifetime, and I'm not a very old person, but I'm 62. And I've watched people move to Florida, and they always want the tree in their yard where their home is built to be the last tree that was cut down. It's happened over and over and over. Page 172 March 24, 2015 The settlement agreement that we're talking about that happened in 2008 included a golf course that was originally permitted in the year 2000. So that golf course has been permitted there for 15 years. And guess what? When the settlement agreement was contemplated, there was no discussion in the settlement agreement about what the environment got out of the settlement. Guess what? The environment didn't get anything. The developer got some concessions and some people that were criticizing the developer got some concessions, but the environment got nothing. It was never a good deal for the environment. We don't -- we don't have to do anything as a board on this, and this situation will sit there and it will continue. It can go on and on and on. But what concerns me is the unintended consequences that were never considered of a golf course being located where that parcel was. I don't think that was ever genuinely considered. The risk we run in providing that opportunity for that to happen will have consequences vastly exceed building 62 more homes in this community. There is absolutely no comparison between the potential -- ma'am, if you cannot be courteous, I'm going to have to ask you to go to the hall. Is that okay? Thank you. MEMBER OF THE AUDIENCE: That's fine. CHAIRMAN NANCE: Thank you. The potential downside risk of having that occur, and I know that some of you think that that's not going to occur, and it might not occur in your lifetime, but honestly, I'm not here just worried about what's going to happen in my lifetime or your lifetime. And I apologize to you for that. But it's not about you and me. Everybody wants to talk about perpetuity. The perpetuity is in this resource in the Gulf of Mexico that we have here, not what's right outside your particular window. I'm sorry to tell you that. But that's not been the history of Florida. And I know that might sound like a harsh message, but it's not Page 173 March 24, 2015 just about you and me. It's about a long, long time and me watching what's happened to these waters. Building a golf course at the water's edge is a nightmare. And I know that every one of you intends -- your intention is good. You want to protect the environment. I understand that. But you know what? A famous person says, we judge ourselves by our intent and others by their actions. This board has a sacred responsibility to do what's right for the environment here that extends beyond any one of our personal interests. We have to protect this environmental situation first and foremost. And I don't think there has been a consideration of it whatsoever. Back in 2000 that's the way things were done, golf courses were built everywhere and nobody thought much about it. Because there wasn't anything there. In 2000, you know, these sorts of things were just getting going. Back in the seventies when this was wilderness down in here and the state bought that back, there wasn't any of that in there. The same eagles that everybody is proud of today and that got fought over in the settlement agreement were all over that area. There were otters in there, there were deer in there, there were all sorts of animals in there, on the property in which you live. And together we bear the burden of that loss. And it's not a happy thing. I am not proud of it, I'm not responsible for it and you're not responsible for it either. But we are honor-bound to make the good decisions every day. We cannot be honor-bound to maintain a bad decision just because it was made earlier. We have to consider everything today. And I think if we don't tie this land up with 62 additional homes, that history is going to judge us very, very harshly for what we did and the decision that we did not make. Is it a hard decision for me? Yes, because I know it's not popular. I know all of you are looking at me and saying hey, where are you coming from? I've lived in Florida all my life. I've watched it Page 174 March 24, 2015 incrementally go down the hill. And I'm telling you, putting a source of pollution in there, if there's an opportunity for that to happen, I absolutely cannot support it. I will not attach my name to it, I am sorry. Commissioner Hiller? COMMISSIONER HILLER: Thank you. There are a lot of issues that I feel I need to address as part of this hearing. And I'm not really quite sure where to start. So I just want to confirm, and Jeff, this settlement agreement as approved -- provided could be amended, correct? MR. KLATZKOW: Yes. COMMISSIONER HILLER: And I'm asking you to reconfirm this. And I would ask the public not to comment, because public comment is over and it's very important that during the course of this hearing that we as Commissioners concentrate very carefully on this discussion so that we come to the right conclusion. Since this agreement can be amended, and it would be by mutual agreement of the Board and the developer, I feel that this agreement that was entered into in 2008, notwithstanding the good intentions of the Board, does nothing to protect the public's interest. Because at any point in time it can be amended, as was just confirmed by the County Attorney. Secondly, Jeff, can we deny the developer or the owner of this parcel, whoever that may be, today or in the future from coming forward and as a matter of law asking to amend the PUD? MR. KLATZKOW: Can you as a Board deny? No. COMMISSIONER HILLER: So we cannot deny this developer or any future owner coming before this Board and applying to amend the PUD. That means given that we have a settlement agreement that is as written subject to modification and a law that doesn't allow us to deny the owner of this property, whoever that may be, from coming Page 175 March 24, 2015 forward and asking for change, I feel that the public is not protected. Jeff, if we are to deny this, having heard the evidence at this hearing, and I am very concerned as to what is evidence that we can consider versus what is commentary and opinion that we can take into this consideration, what is the basis for our ability to deny the petitioner's legal request to amend this PUD? MR. KLATZKOW: You have two ways to deny this request. The first way to do it would be to vote not to reopen the settlement agreement. That would end it. The second way to do this would be the initial burden is on the applicant to demonstrate that they're entitled to what they're asking for. And I believe they've done that. At that point in time you as a Board have certain criteria. If you go into your executive summary, the criteria, the PUD amendments are set forth. You have evidence in the record that you can look at it. And I know it's an extensive record. These include documents both from this item as well as Item 12.A. You have the testimony. You've heard today from the applicant, from the public and from everyone else here. Based on the record that exists, both in written form and which you've heard, if you believe that there is sufficient reason on one of-- on these criteria that you could deny it, then yes, you can vote to deny it. But you have to have that evidence before you. COMMISSIONER HILLER: And that evidence would have to be presented as part of this hearing. MR. KLATZKOW: It is part of the public hearing. It is why we do what we do here, where we have a published agenda with a published -- COMMISSIONER HILLER: And what is the evidentiary standard? MR. KLATZKOW: You need substantial competent evidence. You need something in the record that you can hang your hat on Page 176 March 24, 2015 saying -- COMMISSIONER HILLER: So any -- MR. KLATZKOW: -- did not meet this criteria. COMMISSIONER HILLER: -- Commissioner that votes no on this has to present the evidence on which that Commissioner is relying to turn this application down. MR. KLATZKOW: No, you need not have to state that on the record. As long as there's something in the record that would support a denial, it's sufficient. COMMISSIONER HILLER: And that -- and what has to be on the record has to be sufficient competent evidence. MR. KLATZKOW: That's right. COMMISSIONER HILLER: Not opinion. MR. KLATZKOW: That's right. COMMISSIONER HILLER: So it can't be anything that isn't on the record. MR. KLATZKOW: Correct. COMMISSIONER HILLER: As presented here today. As to turning down reopening that settlement agreement, if you use that as a basis to deny this petitioner his statutory right to be heard on this, isn't that denying him his legal right? MR. KLATZKOW: No. COMMISSIONER HILLER: Why is that? MR. KLATZKOW: Because we have an agreement, all right. And it takes both parties of the agreement to amend the agreement, all right? Now, obviously the developer is amenable to amending the settlement agreement. But if you are not, then we're done. COMMISSIONER HILLER: Okay. So I don't believe that this agreement that sits before us today protects the public at all. MEMBER OF THE AUDIENCE: I do. COMMISSIONER HILLER: And one of-- it doesn't. And one Page 177 March 24, 2015 of the reasons I don't feel it does is because there is a provision in here that allows for modification. And so if the Board chooses to modify this agreement, it can. And there are no deed restrictions in place on this golf course property, because those deed restrictions only come into play after the five buildings are built. So they don't even exist. Which means they could be eliminated if this agreement were to be modified by a future board. So you don't have a protection in here. While it may seem like there are protections in place, there in fact are none. In fact, that provision with respect to the deed restriction on that particular parcel that's the subject of this hearing is so weak that the Board could unilaterally waive it. It's that weak. This is a terrible agreement. It doesn't protect the public at all, and it leaves me very concerned. The Board cannot force this developer to give you deed restrictions. And the majority of people here in opposition today, from what I have heard, are from Glen Eden. I have not heard opposition from all other developments surrounding. It seems that this one particular neighborhood has very serious concerns. And I respect everything you say. However, I have to deal with protecting everybody, not just you. And I can't turn to this developer and tell this developer to give us the deed restrictions that he is offering as of the beginning of this hearing, which I feel are essential to protect your interest. And I feel getting those deed restrictions that are between you and that developer are so important with respect to what is being considered here today. I really think we have got to get them. And not only do I think we have to get them, I think we have to get those deed restrictions to include not only the density and not only the preserve and not only the docks, but also the location of these buildings. Because I know there are people out there who are not here today who want to make sure that this developer doesn't come in and change the location of a building so that it would block the view of an existing building. And Page 178 March 24, 2015 this agreement doesn't protect you against that. At all. And I have real concerns. I think that if we're going to do anything, we have to get these deed restrictions that benefit each and every community out there and that nothing can change unless there is 100 percent agreement with all the communities, including The Dunes, which Mr. Grant, you did not include The Dunes. The Dunes would have to be included. And I have -- and again, I am concerned, because the fact that this can be modified, the fact that there are no deed restrictions leaves everybody vulnerable. So I have a real problem here. Because as I have studied this at length, this deal is not a good deal. And the fact of the matter is I want a better deal. I want a better deal for the people on all levels. And I want security and protection for them on all levels. And the issue before us isn't just a golf course for 62 homes, it's ensuring that whatever we agree to here today really can't be changed in the future, because this agreement does not do that. And while I understand Commissioner Fiala had all the best intentions when she voted the way she did, and I understand we had a different County Attorney at the time, if I was sitting here back then, I will tell you it would have been very different. So I can't sit here and not see this agreement modified. And in fact, I can't sit here and not see the provisions which are in this agreement not incorporated into the PUD. I want these provisions in the PUD. Because then for sure it has to be a supermajority vote. And the fact that we can open this agreement with only three votes gives the public even less protection. So I don't feel comfortable about this at all. I did not sit on this Board at this time, but I was a constituent who was concerned when all of this was going on. And I had many discussions with Doug Fee -- where are you Doug -- back then. Page 179 March 24, 2015 Remember we used to talk on the phone for hours? My poor husband was jealous, but that's a different story. MR. FEE: Yeah, but a deal is a deal. COMMISSIONER HILLER: But here's the deal. This deal is not a good deal. And you and I agreed back then that this is not a good deal. And I feel very strongly we need more protection than we've got, and I feel very strongly that we need those deed restrictions, and I think that has to be a condition. And with respect to those homes, the biggest concern I have is number one, I don't see based on all the evidence that we've heard today, that there is a basis that we can legally deny this without a challenge. But the bigger concern I have is that if we don't change this to literally tie it down by these deed restrictions and by incorporating everything in the PUD, then my big fear is that if there is another developer or even if this developer were to come forward and there is a different board, a board that doesn't include people like me or people like Donna, then you know what you're going to have? You're going to have high-rises there. And I am more concerned that they could come in at a future date and modify this without the protections and put in the type of development that that developer proposed at the beginning of this whole process, which I will tell you and I can tell you now, because I've always said I don't tell anybody what I think, you know, ahead of the hearing because that's what I'm bound to by law. But I will tell you, had this developer come in with the initial proposal that they had, I will absolutely unequivocally I would vote no. I mean, absolutely unequivocally. I find it unacceptable to even consider high-rises on that. I'm really torn. I don't see a legal basis to turn down what is being asked of us, but given that we are in a position to modify this agreement, then I really want to take this opportunity to lock it down so nothing can change after today. Nothing at all. Which can be Page 180 March 24, 2015 legally done. And hasn't been secured by this agreement. And I need your help to get that done. MR. KLATZKOW: The only way you're going to lock this down is through private covenants between the developer and the community okay. Because this Board can't tie a future board's hands. COMMISSIONER HILLER: Well, how can we -- can we condition our vote today on the drafting of these covenants for the benefit of all the associations? Not just one association. Because we really have one association here today. But for the benefit of all -- AUDIENCE: No. COMMISSIONER HILLER: How many? What other? AUDIENCE: Palm Cove. Pelican Isle. Towers. COMMISSIONER HILLER: Okay, that's great. And some are for and some are against. So we have more than I thought. But the majority of the people who spoke today -- AUDIENCE: That's not true. COMMISSIONER HILLER: The majority of people who spoke today are Glen Eden. AUDIENCE: No, no, no. Tarpon Cove -- COMMISSIONER HILLER: I'm sorry. CHAIRMAN NANCE: There are 12 PUDs that surround -- COMMISSIONER HILLER: No, no, the majority of people I heard -- go ahead. MR. KLATZKOW: Mr. Grant, would you mind? MR. GRANT: I'm sorry, I was talking. Was there a question? MR. KLATZKOW: Would you have any heartburn as it were requiring that the PUD would require that the developer give the homeowner associations certain covenants? MR. GRANT: No, we've offered that. That's what we offered. COMMISSIONER HILLER: Yeah, but you didn't offer as much Page 181 March 24, 2015 as I would think we need to see. I mean, we need to include more associations. MR. GRANT: Fine. COMMISSIONER HILLER: And it has to be 100 percent of all of them. MR. GRANT: Okay. COMMISSIONER HILLER: It has to include the associations under the master associations. MR. GRANT: That's fine. COMMISSIONER HILLER: It has to include The Dunes. MR. GRANT: That's fine. COMMISSIONER HILLER: It has to also include that the location of these buildings as it currently sits in the SDP is preserved and none of them will move. And, you know, you won't shift, you won't like create more space between the buildings and spread it so it blocks the view of a certain building or, you know, somehow impedes the view of, you know, the -- for example, Tarpon Cove. MR. GRANT: Well, but I mean, the building locations are a function of the Land Development Code in compliance with all the parameters in the PUD. COMMISSIONER HILLER: But we have a Site Development Plan. MR. GRANT: You have one now. COMMISSIONER HILLER: Right. MR. GRANT: I don't know that that means there couldn't be some tweaking to the location of those buildings. MEMBER OF THE AUDIENCE: There you go. AUDIENCE: Exactly. CHAIRMAN NANCE: Commissioner, why don't we let Mr. Grant -- COMMISSIONER HILLER: Okay. Page 182 March 24, 2015 CHAIRMAN NANCE: Mr. Grant, let us have you make some comments, sir, based on concerns that you've heard on the Board and the testimony that you've heard before you today. Would you do that for us, please, sir? MR. GRANT: I'd be happy to do it. CHAIRMAN NANCE: Thank you. MR. GRANT: Dick Grant for the record, counsel to the applicant. I'm not going to say everything I was going to say because I think it's been said very well by others. But I want to make some points that I think are very important. Public trust has clearly been raised as an issue, and that's a very, very legitimate issue and nobody is asking you to deviate from the public trust. But the public trust kind of works both ways. Property owners do have rights. The people that are opposed to this are property owners and they currently have rights and they voice what they believe their opinions are and what they believe they deserve to have protected. And look, there was a settlement agreement, and the settlement agreement embodies the zoning. And that is the law and that is the rule, and nobody is going to tell you, including me, that that isn't binding. But it can be changed if this Board is willing to decide to change that. Mr. Klatzkow has told you that. I would disagree with Mr. Klatzkow in this respect. We have filed a petition seeking to amend the zoning. I think we're entitled to a vote on that. And I believe from what I heard this morning that that's going to occur. I don't really quite get the idea of opening the settlement agreement. The settlement agreement embodies the zoning. It creates the zoning. That was the vehicle and the mechanics by which the zoning came about. But what I heard this morning was a vote on the PUD amendment Page 183 March 24, 2015 followed by a vote on the settlement agreement. And presumably if the first one carries, the second would too, so maybe it's not a practical issue. But public trust, let me get back to that. There's a framework for this, okay. And I would submit in due respect that the framework for what is appropriate is not necessarily just this settlement agreement. This settlement agreement came about because a developer sought to make an amendment to the PUD. It didn't get approved. It challenged it. It got settled. The settlement agreement embodied this. People have a right to ask to change their zoning. They don't necessarily have a right to get it approved. They have a right to ask. They have a right to petition government for that. And there's a framework within which those decisions are supposed to be made. And that's our Comprehensive Growth Management Plan and its Future Land Use Element. That's what sets the criteria for what land uses are appropriate. I think you've heard overwhelmingly from us, from your staff, from the Planning Commission, that this petition complies with the Growth Management Plan of the Future Land Use Element. And the substantial competent evidence shows that. So we have met the burden of showing that. Now, if that plans allows something more intense than what the settlement agreement does, and it does, because as you've seen on the charts -- it's not up here, and I'm not real good at the charts -- the density is quite low compared to what the Comp. Plan might permit, and indeed quite below what many of the communities around it have already. So that's the framework for making decisions. Yes, there were lots of statements made on the public record when that settlement agreement was made about we'll never change it. Well, you know, people said what they said. I can't deny it. It is what it is. But I would submit to you that decision-making by a public body Page 184 March 24, 2015 on zoning matters shouldn't be based on people saying I promise to never ask again in the future forever to change it. It should be based upon rational criteria and whether what is being proposed makes sense and whether you believe it is something that you should vote on. And so that's the framework within which I believe you need to make these decisions. I understand the history of this. The history of this is long, it's tedious, it's controversial. There are a lot of unhappy people. And I appreciate the fact that the applicant has now sought twice to amend the zoning. And the natural question is how many more times are you going to keep coming back and doing it again. PUDs in this county get amended quite often. Maybe not with as much controversy, but they do get amended. The settlement agreement which embodies the zoning does require a restrictive covenant. It's been described many times this morning. One-fifth of the property gets restricted every time a high- rise you see -- but who can enforce that? The County Commission can enforce that. And it can be amended by a four to five (sic) supermaj ority vote. What we proposed, which is a private declaration of covenant running in favor of all the neighboring associations, would give them control. You now have control. They don't. We're proposing to give them something that gives them legal control. It doesn't matter what you or a future board might decide to do. We need their approval too. And not just a majority of them, we need them all. And I think that ought to give considerably more comfort to the surrounding community associations than what they have now. Now, obviously to get that we'd like to have the petition approved. And so that -- now the other things I mentioned this morning that we are prepared to withdraw from the request, the removal of the request to be relieved of the $3 million affordable Page 185 March 24, 2015 housing commitment, the agreement to remove the request to be removed from having to try to seek permits to build an artificial eagle nest, we're willing to do that. And the declaration of covenants, I think the additions that Commissioner Hiller has suggested are all fine. I think that it should not go into such detail as to lock down locations of buildings. I think that is a matter of site plan approval, just as is the matter of approving of the specific location of the single-family lots on the east parcel, were that to be approved. But the basics, the density, the heights, the protection of the preserves so that they couldn't be rezoned to do something different in the future on the west side, the buffers on the east parcel, and the protection against buildings where structure in the finger that extends out to U.S. 41, those all could be in there. I think they're perfectly reasonable, I think they provide significant community protection to the neighbors. COMMISSIONER HILLER: If I may interrupt just on the location of the buildings. You know, my concern is is that we have all these towers that are built to the south of where the last building for the current -- on the current site plan is. And I would hate to see all of a sudden that all these buildings -- I mean, I understand reasonable tweaking because of, you know, the way the land is -- the land lies, but not where it would materially shift one building so as to for example block the view of an existing building that has an unencumbered view and based on the current site plan never expected to have a building in front of it. MR. GRANT: Well, I think self interest would probably keep the developer from doing that because it wouldn't really help the values of the one that got blocked. But what I'm suggest-- look, the PUD document right now, and as it's proposed to be amended, has a detailed specification and table of parameters on height, setback and that sort of thing. That's what's Page 186 March 24, 2015 going to drive how site development plans get approved. And -- COMMISSIONER HILLER: We've got three site development plans that have already been approved. Is there any reason for you to believe that the building immediately to the south would move any further south? MR. GRANT: I don't think it's a matter of moving forth north or south, Commissioner. There might be some tweaking of the configuration of the -- COMMISSIONER HILLER: Well, I don't have a problem with something like that. What I have a problem with is that there would be a material shift in the location of any of these buildings other than as has been approved now where it would, like I say, obstruct the view of an existing building. MR. GRANT: Well, you know, if you're talking about something broad stroke like that, perhaps, but I really don't believe the applicant is in a position to agree that yes, there are approved SDPs. But that doesn't mean that they couldn't seek to tweak the locations of those buildings a little bit. Or the shape of them a little bit. COMMISSIONER HILLER: Like I said, it's not a question of the shape or immaterial shifts. My concern is, again, if it were to result in the SDP moving a building -- if it was -- let me put it this way, where the movement of the building would not be viewed as administrative. Nick? COMMISSIONER FIALA: Are we talking about this subject on our agenda -- COMMISSIONER HILLER: Yes. COMMISSIONER FIALA: -- or have we moved to -- COMMISSIONER HILLER: No, because I want to -- this goes to the restrictive covenants, like what will be in the restrictive covenants. Page 187 March 24, 2015 COMMISSIONER FIALA: Are you talking about the five buildings on the other side of the street? MR. GRANT: I think that's what she's talking about. COMMISSIONER HILLER: Yeah. Because the restrictive covenants is about everything. It's not only about the 62, it's to lock down the entire project. COMMISSIONER FIALA: I didn't realize we were changing the buildings on the other side of the street. COMMISSIONER HILLER: We're not. We're not doing anything to them. What I'm -- MR. GRANT: The location of the buildings isn't even part of this petition. COMMISSIONER HILLER: Right. COMMISSIONER FIALA: That's what I thought, so I'm not sure why we're talking about that. COMMISSIONER HILLER: Well, I just want to make sure that if we're going to do anything that we do -- that we come up with restrictions in these covenants, these private covenants, to make sure that this is a done deal. Because right now we have a contract that says it can be modified. They have deed restrictions, that can't happen. COMMISSIONER FIALA: I don't -- MR. GRANT: Commissioner, the reason I'm hesitating is because there are five buildings. It's going to take years before they're all going to get built. The market drives when people build buildings. They have to sell them. There have to be buyers. COMMISSIONER HILLER: Right. MR. GRANT: The first one is being marketed right now. And at some point that will be under construction. COMMISSIONER HILLER: And we're not here -- MR. GRANT: It may be 10 years before the other four will get built. Page 188 March 24, 2015 COMMISSIONER HILLER: So in this -- MR. GRANT: The way -- people may want to tweak -- the design of those things could change in that time period. I don't think it's appropriate to lock it down. And it's not ever been part of the PUD. COMMISSIONER HILLER: Okay, so -- MR. GRANT: That's why you have a table of parameters. COMMISSIONER HILLER: So what are you including in the deed restrictions? MR. GRANT: It's what I've indicated, which is 590 units on the west parcel would be restricted, 62 lots on the east parcel. The 100-foot buffers that have been proposed on the east parcel. No structures -- I said no residential development, but I will say no structures on the east finger parcel. And the preserves west of Vanderbilt Drive will be restricted to those preserve activities. And we talked this morning about adding in no docks. COMMISSIONER HILLER: And that would all be in the restrictive covenants, and those restrictive covenants would run to the benefit of all the associations? MR. GRANT: Yes, yes. COMMISSIONER HILLER: And you would have to have unanimity. MR. GRANT: Yes, yes. And we agreed this morning that we would also make it reciprocal within the Cocohatchee, so that if you were to have different associations for the east side and the west parcel, they would each have reciprocity with the other. COMMISSIONER HILLER: Jeff, what can we put in the PUD, because -- and that way we're ensured always of a four-person vote? MR. KLATZKOW: Well, assuming there is a four-person vote here. COMMISSIONER HILLER: I'm not talking about this, I'm Page 189 March 24, 2015 talking about in general. What can we incorporate as a requirement in the PUD to ensure that in the future you have a supermajority vote and we're not limited to three votes on a contract. MR. KLATZKOW: I'm not following you. I apologize. COMMISSIONER HILLER: Everything -- instead of putting -- if we accept these changes, if we put all of these changes in the PUD as opposed to in the contract, then nothing can change without a four-person vote. If you modify the contract, then that can be changed with three votes. But if it's incorporated in the PUD then it has to be four votes and there's no question about it. Because we have less security with the settlement agreement than we do with a PUD that has to go through this evidentiary hearing and requires four votes. MR. KLATZKOW: Now I understand. As we are currently constructed it takes four votes basically to change the zoning maps of this county. Three votes to change everything else. So as we're currently constructed, if you put everything into the PUD it would take a supermajority vote of a future Board of County Commissioners to change it. That's not to say that that four-vote requirement is always going to be here. COMMISSIONER HILLER: But for right now based on state statute on the special act it has to be four votes. MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: Okay. So there is -- whatever we do, if we put it in the PUD there's far more protection than if we put it in the settlement agreement, because the settlement agreement only requires three votes, correct? MR. KLATZKOW: Yes. MR. GRANT: Could I make a suggestion? Why don't we just eliminate the settlement agreement going forward. Put everything in the PUD. Page 190 March 24, 2015 COMMISSIONER HILLER: Everything that's in the settlement agreement -- MR. GRANT: Everything that would continue in the settlement agreement goes into the PUD document. COMMISSIONER HILLER: Can you do that? AUDIENCE: No, no. MR. GRANT: And you have the private declarations of covenants. COMMISSIONER HENNING: Mr. Chairman, the public hearing is closed. CHAIRMAN NANCE: We haven't closed the public hearing. COMMISSIONER HILLER: No, we haven't closed it. COMMISSIONER HENNING: We haven't closed the public hearing? CHAIRMAN NANCE: But we can. COMMISSIONER HILLER: No, I don't think we should 'til we COMMISSIONER HENNING: Do we have public comments? COMMISSIONER HILLER: We're done with public comment, but the public hearing is -- COMMISSIONER HENNING: I can't follow when we're having different discussions -- CHAIRMAN NANCE: Well, why don't we -- COMMISSIONER HILLER: I want to make sure -- CHAIRMAN NANCE: -- go to Commissioner Fiala a moment and then let's come back and let's discuss amongst ourselves if the Board -- if there are four board members that are willing to consider some proposal. Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I was just going back, quite a ways back in our conversation and we were talking about Page 191 March 24, 2015 the golf course. And I just wanted to -- and how good or not good it was for this area. But the developer had already said he was taking that off the table, so I don't think the golf course was an issue. I think MR. GRANT: No, I don't -- COMMISSIONER FIALA: -- keeping it as a preserve doesn't -- COMMISSIONER HILLER: No, he didn't -- CHAIRMAN NANCE: It's not off the table. MR. GRANT: It's not off the table. COMMISSIONER FIALA: Oh, just the proposal was -- MR. GRANT: There's no current plan to build it, but -- COMMISSIONER FIALA: Okay, fine. Because the golf course, you know, if it isn't there, the preserve doesn't cost anybody anything. And we were talking also about green space, you pointed out all the green space that's gone. And you do want to try and preserve some green space in there, because it's going away so rapidly and there's hardly any in that whole area anymore that people can just have free access to. And of course The Conservancy always thinks about things like the animals and the birds and so forth anyway. I would think that that's not such a bad thing to have the preserve there. CHAIRMAN NANCE: Well, if this developer agrees that they do not want to develop that piece of property and they want to leave it in a preserve in perpetuity, that will be the first one I've ever met. COMMISSIONER HILLER: That's a problem. COMMISSIONER FIALA: You're right. CHAIRMAN NANCE: If you've ever seen a developer that's walked away from a piece of property within that many feet of the Gulf that's walked away and said, oh, okay, I'm going to leave it -- COMMISSIONER FIALA: Well, he did in 2008. CHAIRMAN NANCE: -- to a preserve -- Page 192 March 24, 2015 AUDIENCE: Why did they agree to that? CHAIRMAN NANCE: They said they were going to build a golf course, and I take them at their word. And let me tell you why -- COMMISSIONER FIALA: No, sir, they didn't say they're going to build a golf course. They said either a golf course or it will remain green forever in a preserve. CHAIRMAN NANCE: And that means in developer speak -- (Applause.) CHAIRMAN NANCE: That means in developer speak we're going to build a golf course. It -- AUDIENCE: (It doesn't mean that.) CHAIRMAN NANCE: Wait a second, excuse me, excuse me, excuse me. COMMISSIONER HENNING: Mr. Chairman, at a certain point, if this continues I would recommend you clear the room so we can -- CHAIRMAN NANCE: I will. Because ladies and gentlemen, I'm going to ask you to be courteous one last time. Nobody interrupted the public speakers. I do not expect you to interrupt this Board. It is discourteous and rude. And I know you all are nicer than that. So please let us have this difficult deliberation. It's very difficult for us. And shouting out and over-speaking the speakers is simply not helpful and it's discourteous. If it happens again, I'm going to ask the ones that are identified as doing it to be removed to the hall. I've lost my train of thought. The golf course element of it is the one thing that concerned me the most as an option. Because it will have an extended and continuous negative impact on the natural areas that do exist for as long as it's there. Let's take the worst case scenario. The developer -- the staff members have told us that they basically have seven years to develop that golf course. They could conceivably, under circumstances -- and Page 193 March 24, 2015 you don't know if this PUD is going to be sold or what the ownership is going to be, they could start on the golf course, they could clear-cut the majority of that, with the exception of the preserves that they have to secure by law. It could go into foreclosure in the next downturn, it could sit there as an undeveloped golf course forever, or we could do nothing. This Board could do absolutely nothing and when we walk out of here today the specter and the uncertainty about that development is going to be exactly as it was two, three months ago before this discussion ever took place. And I would hate for this to go on and on and on down the road as the economy builds out and as this area builds out until one day somebody comes back to a future board and does stick some high-rises on that property. Because it's a distinct possibility. If it can be changed today, it can be changed in the future. So my hope is that we eliminate all the bad possibilities and lock down some that are acceptable in most ways. That would be the very best thing for everything is if we could leave this hearing today with certainty so that everybody knows what's going to be built there and you don't have to worry about it anymore. If we leave here today, you're never going to know. You're not going to know until the next time comes up, or the next time. Some of us may not be here. I do not -- I sincerely hope that we can come to some finality that makes accommodations for everybody in a reasonable way. Or the uncertainty will just continue. Commissioner Taylor? COMMISSIONER TAYLOR: Mr. Grant, it's my understanding from my experience on City Council with deed restrictions that deed restrictions are only as good as when you plat the land. Specifically the Haldeman House -- well, it was really the -- it's not the Haldeman House we were concerned about, it was the former Mayor's house. And we witnessed in the city house after house being razed in the old Page 194 March 24, 2015 town. And we were worried about how to do it. But unless you plat the land, which means every time the structure is sold it runs with the land, it's no good. It's a wonderful idea, but it's kind of the Emperor has no clothes. MR. GRANT: Commissioner Taylor, I don't believe that's the case. I honestly have never heard that. COMMISSIONER HILLER: That's not how it works here. MR. GRANT: It may be something unique about the way something was being done in the City of Naples with restrictions being built into a plat or something. This county and the State of Florida and the better part of the developed United States in post World War II era in planned communities is replete with declarations of covenants that create private covenants that are beneficial to the property owners because they create restrictions on other people's properties, so they're mutually both a burden and a benefit. And they are perfectly enforceable. I will give you an example. Marco Island. It's an incorporated city. Before that it was part of Collier County. It has zoning. Marco Island is replete with deed restrictions that Deltona imposed years ago. And they are enforceable by private property owners and they are enforceable by the Marco Island Civic Association. And they quite frequently bring suit to enforce them privately outside the scope of the City of Marco Island. So these are enforceable, and I think to the extent that it's important to the Board to believe that, you need to hear from somebody other than me. I do think I know what I'm talking about. I don't think Mr. Klatzkow's going to disagree with me, but I think he may feel that it's not his place to get into it because the proposal is to have them run in favor of the adjoining property owners associations. But I believe they would be enforceable. COMMISSIONER TAYLOR: Thank you. Page 195 March 24, 2015 MR. GRANT: And that's the reason they were being offered. COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: All right. Board members, let us -- COMMISSIONER HILLER: I just want -- Mr. Klatzkow, do you agree or disagree with Mr. Grant? MR. KLATZKOW: I think the better course would be if we decide to go down this road to give the homeowner associations sufficient time to have their counsel review these covenants to make sure that the covenants are enforceable and they're comfortable with that. That would be my recommendation. COMMISSIONER HENNING: You mean delay this action? MR. KLATZKOW: You're going to have to -- if there's supermajority support on this, I have some ideas on how to structure this. But part of this would have to come back. You could get rid of most of this, but put a condition on with the covenants and limit it to just the covenants coming back to make sure everybody is comfortable with that. CHAIRMAN NANCE: Is there currently four commissioners on this board that would consider engaging staff to look at the issues that have been discussed today, work together with the County Attorney and come back with a proposal for a consideration of the board? I don't think we can go much farther than to say we've listened to so many things -- COMMISSIONER HILLER: That's not what he's saying. He's saying that -- what the County Attorney is saying, we've listened to all the evidence. The hearing -- you've closed the hearing, right? CHAIRMAN NANCE: No. COMMISSIONER HILLER: Okay, the hearing is still open. So you've listened to all the evidence. And the question is before us, are there four Commissioners here willing to support the PUD amendment as before us, based on the evidence that was presented Page 196 March 24, 2015 here today. With one caveat, and that is that these deed restrictions prepared by the petitioner are given to the homeowner association so their homeowner association attorneys can review them and deem them acceptable and adequately protective. So basically, you know, it would be -- is that what you're saying? MR. KLATZKOW: Yes, we would come back on that limited issue. COMMISSIONER HILLER: We would come back on the limited issue. So we would approve -- MR. KLATZKOW: Unless you also wanted to in essence merge the settlement agreement into the PUD, in which case we'd come back with two issues. COMMISSIONER HILLER: If we merge the settlement agreement into the PUD, does that provide more protection for the public or less protection for the public? MR. KLATZKOW: It requires four votes rather than three to change it. COMMISSIONER HILLER: And it would require a public hearing -- MR. KLATZKOW: Yes. COMMISSIONER HILLER: -- to change it as opposed to a mere discussion. MR. KLATZKOW: Well, everything here is done by public hearing, but it would require an advertised public hearing, yes. COMMISSIONER HILLER: No, because for example if all we were looking at was to deal with a non land use issue -- MR. KLATZKOW: It would be -- COMMISSIONER HILLER: -- disagreement, we wouldn't have to have a public hearing. MR. KLATZKOW: You do everything on public hearings. But you -- Page 197 March 24, 2015 COMMISSIONER HILLER: I don't mean that kind of public hearing, I mean a quasi judicial -- MR. KLATZKOW: Yes. COMMISSIONER HILLER: -- public hearing. MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: So we would have more protection if it was incorporated into the PUD. MR. KLATZKOW: Yes, ma'am. CHAIRMAN NANCE: Let's hear some guidance from Commissioner Taylor. COMMISSIONER TAYLOR: I don't think we can take a straw vote. I think we need to get on with this. I think what we have to do is decide whether number one we're going to open the PUD -- or the agreement and then take a vote on the PUD. CHAIRMAN NANCE: Is there any circumstances which the Commissioners here would agree to a PUD amendment by this petitioner? Commissioner Henning? MR. KLATZKOW: You need to make a motion, sir. COMMISSIONER HILLER: You have to make a motion. CHAIRMAN NANCE: You need to -- MR. KLATZKOW: You can't do a straw vote, unfortunately. You can make -- CHAIRMAN NANCE: Who wants to close the public hearing? You want to close the public hearing? COMMISSIONER HILLER: We've heard the evidence. Is there anymore evidence that you'd like to present? MR. GRANT: I don't think so. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: We're going to close the public hearing. Okay, the public hearing is closed. Now we're just into general Page 198 March 24, 2015 discussion. So -- COMMISSIONER HILLER: You going to make a motion? CHAIRMAN NANCE: Commissioner Henning, what do you think? How would you recommend we proceed? COMMISSIONER HENNING: I make a motion to approve the PUD amendment based upon the competent evidence of the Planning Commission's recommendations and staffs recommendations. CHAIRMAN NANCE: I'll second it for discussion. Is there any discussion? Is there anything any Commissioner would like to add to the motion? COMMISSIONER HILLER: I think we need to add the evidence based at the hearing, the sufficient competent evidence based at the hearing, because all -- there was -- with respect to this particular PUD amendment, and this is not with respect to the discussions on the contract, on the settlement agreement, there was no sufficient competent evidence brought forward by any experts in opposition to what was presented by the petitioner and by staff at the hearing. So I think you have to incorporate the evidence that was presented at the hearing as well, not just the evidence presented. I'm just telling you. COMMISSIONER HENNING: I agree. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: So you modify your motion, Commissioner Henning? And I'll modify my second. Any further comments? MR. KLATZKOW: Are we including the covenants or not? COMMISSIONER HENNING: The covenants is a part of the PUD amendment? MR. KLATZKOW: My understanding with Commissioner Hiller's discussions, we would have a clause there referencing the covenants, and then we would come back at a future hearing with the covenants to make sure that they meet the satisfaction of the issues. Page 199 March 24, 2015 COMMISSIONER HENNING: I further amend my motion to reference the covenants deed restriction offered by the developer. What do you want? MR. OCHS: I just want to chime in, if I might, sir. There was some discussion early this morning about perhaps using culling out a Type C buffer -- COMMISSIONER HILLER: Yes. MR. OCHS: -- instead of a Type D buffer. Is that in or out of the motion? COMMISSIONER HILLER: It's in the motion. COMMISSIONER HENNING: It's in the motion. CHAIRMAN NANCE: The embedded offers by -- all the offers presented and offered by the petitioner. All right, I'll modify my second. Additional comments? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: All those opposed? COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: No. CHAIRMAN NANCE: Okay, the motion fails 3-2. Is there a supplementary motion? COMMISSIONER HILLER: Commissioner Taylor, what was the basis for your no vote? COMMISSIONER TAYLOR: Well, on number 20, will the proposed change constitute a grant of special privilege to an individual owner, as contrasted with the public welfare. Page 200 March 24, 2015 COMMISSIONER HILLER: What does that mean? (Applause.) CHAIRMAN NANCE: Is there any provision, ma'am, or circumstance that would answer any of your concerns regarding this issue? COMMISSIONER TAYLOR: I'm not sure what you mean by that. CHAIRMAN NANCE: Under what different circumstances would you be willing to support an application by the petitioner? COMMISSIONER HILLER: Can I ask -- let me ask a question. CHAIRMAN NANCE: Excuse me. Is there any circumstances or issues that can be addressed to your satisfaction that would allow you to support a motion? COMMISSIONER TAYLOR: You know, in -- as a government official I have power, and that power has responsibility. But also as a government official I have to discern independently, and that's that wonderful word, independently, what is public welfare or public interest and special interest. CHAIRMAN NANCE: Without a doubt. COMMISSIONER TAYLOR: And in this case I think it's special interest. I have -- I'm listening to this room full of people that are still here at 5:00. I'm quite impressed with your involvement and the caring you have for your neighborhood. And it is a question of public trust. This -- I remember listening to that neighborhood meeting at the -- what is it called today, The Registry, the Waldorf, whatever ifs called. And -- MEMBER OF THE AUDIENCE: Grand Beach Hotel. COMMISSIONER TAYLOR: Yeah. And I remember one woman stood at the microphone and, what is in it for us? What's for us here? And there wasn't an answer. And it stuck in my mind. So I struggled with it. Why? Why is this? And it's right here before me. Page 201 March 24, 2015 This is a grant of special privilege to an individual owner. Are there substantial reasons why the property cannot reasonably be used in accordance with existing zoning, which means open space or a golf course? No, there's no reason. Is the change suggested out of scale with the needs -- with the needs, not zoning, the needs -- of the neighborhood? Or the county? Well, yeah, I think it is. We already heard, you got 60 some odd cars or houses with maybe two or three cars on a road that's already impacted. There's a problem with traffic. But also is the change suggested out of scale with the needs of the neighborhood? The neighborhood needs to depend on an agreement. The neighborhood needs to depend on its government officials. The neighborhood needs to know that there's a voice sitting up here for common people, for people like you and me who sit in the public and hope that their elected officials have their best interest in mind. And so for those reasons, I'm voting no. CHAIRMAN NANCE: Commissioner Hiller? Further comments? COMMISSIONER HILLER: You know, I'm left really concerned, because this agreement does not protect the public. And you've made a really nice political speech, but you haven't made a speech that states that there is sufficient competent evidence to deny this. And what leaves me concerned is we have an agreement here that is subject to modification and a parcel which, based on the surrounding density, can be developed at a very high density, subject to modification by three votes of the Board in the future. And we had an opportunity here today to lock this parcel down and to lock this entire project down to protect all the surrounding communities and you have denied that opportunity to this community by not allowing this agreement to be modified and to be incorporated into the PUD so that in perpetuity, and that would be irreversible, that there would be four Page 202 March 24, 2015 votes required, and that nothing could change unless all these people here agreed. Because right now these people are forever going to be subject to three votes of the Board to modification. And again, secondly, you haven't presented any evidence to show a legal basis for denial of what was proposed. My bigger concern, but that's between -- you know, that's a completely different legal issue. The bigger issue for me is that this settlement agreement does not protect the public. And by not opening it and by not incorporating it in the PUD and by not getting these deed restrictions which we are not going to get as a result of this vote, we are absolutely exposing this public to ultimate risk. CHAIRMAN NANCE: Commissioner Fiala, then Commissioner Henning. COMMISSIONER FIALA: I wanted to comment on something that she said before about subject to modification; does not mean that we must vote the way they want to modify it, that just means if we wanted to open it. And quite frankly, I just heard that Commissioner Taylor nor I want to open it back up for modification. And I feel that another comment that was made -- COMMISSIONER HILLER: We haven't voted on that. COMMISSIONER FIALA: Pardon me? COMMISSIONER HILLER: We actually didn't vote on that. We voted strictly on the denial of the PUD. COMMISSIONER FIALA: We voted on the PUD, I understand that. But you said something about subject to modification. This is subject to -- COMMISSIONER HILLER: Well, because -- COMMISSIONER FIALA: -- you were mentioning that, so I'm just commenting on what you've mentioned. Page 203 March 24, 2015 And I'll leave it go at that. I feel that we were talking about -- you made a comment and I can't remember the words you used but something about the developer. He already got his due. He already got 108 units. He was able to include that in his -- actually much closer to the water and in his high-rises, so he really benefited by that. And now that he wants to open this other piece of property, why should he be allowed to do that when he already gave it really -- gave it away. And we can keep it in preservation forever and maybe add green space, that would be a benefit to the whole neighborhood and to that whole community. (Applause.) Item #12A RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS CONSIDER THE AMENDMENT TO SETTLEMENT AGREEMENT AND RELEASE PROPOSED BY LODGE/ABBOTT ASSOCIATES, LLC AND LODGE/ABBOTT INVESTMENTS ASSOCIATES LLC (OWNERS OF THE COCOHATCHEE BAY PLANNED UNIT DEVELOPMENT) TO ALLOW COCOHATCHEE PLANNED UNIT DEVELOPMENT TO BE AMENDED — MOTION TO NOT OPEN THE AGREEMENT — APPROVED CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Can we move on to 12.A? CHAIRMAN NANCE: Yes. Commissioner Taylor, yes. COMMISSIONER HENNING: Just a pontification at this point. COMMISSIONER TAYLOR: Yeah, and just to respond to Commissioner Hiller and her concerns, and I'm just following what our Page 204 March 24, 2015 County Attorney has written, that the burden falls upon the applicant for the amendment to prove that the proposal is consistent with all the criteria set forth below. Then the burden shifts to the Board of County Commissioners, should it consider denial, that such a denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the amendment does not meet one or more of the listed criteria. Now, we have over 20 criteria here. I think total of 26. And I found that three didn't match. I think I meet that. CHAIRMAN NANCE: And Commissioner Taylor, I think that's sufficient. COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: Let's move on to 12.A, sir. We're going to now take a vote on 12.A. This is the recommendation to open the settlement agreement. I'm going to make -- under the realization that there's no four Commissioners that will support a modification of the PUD, I'm going to make a recommendation that we do not open the settlement agreement. COMMISSIONER FIALA: Second. COMMISSIONER HILLER: Let me ask you a question. Why are we even addressing it? Why do you even have to vote on it? CHAIRMAN NANCE: Because it's in the agenda, ma'am. COMMISSIONER HILLER: You don't have to vote on it if it's on the agenda if it's a moot point. COMMISSIONER HENNING: I'll second that motion. COMMISSIONER FIALA: I already did. CHAIRMAN NANCE: There's a motion and a second by Commissioner Fiala. Any Discussion? Page 205 March 24, 2015 COMMISSIONER HENNING: Discussion. CHAIRMAN NANCE: Discussion. Commissioner Henning? COMMISSIONER HENNING: I was really hoping that we can address, you know, a safety issue in the surrounding area and that is Gulf Shore Drive and people trying to access the beach. There was an opportunity to create some parking adjacent to the Cocohatchee/Wiggins Pass launch, and relieve that. But we're not going to do that today. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: We have to modify the settlement agreement because the Board at a previous hearing before Commissioner Taylor was elected said that every PUD that incorporated an affordable housing fee and every settlement agreement that got one as they came forward, that would be eliminated. And we have to do that, because that's how we voted and we can't discriminatorily pick, you know, on one developer over another. And so we have to open the settlement agreement to eliminate that affordable housing requirement in it because that's what we said we would do. COMMISSIONER FIALA: Jeff? MR. KLATZKOW: I am comfortable with you doing that. I am comfortable with you simply making a motion. Whatever the will of the Board is. COMMISSIONER TAYLOR: A motion not to open it, you're comfortable with that? MR. KLATZKOW: Yes, ma'am. COMMISSIONER TAYLOR: So it's up to us. MR. KLATZKOW: Yes. COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: There's a motion and a second not to open it. Is there any other further comment? Page 206 March 24, 2015 COMMISSIONER HILLER: So are you suggesting, Jeff, that what we are doing for all the other developers and with all other settlement agreements we're not going to do with this one? MR. KLATZKOW: No, we can handle this issue at a later date, ma'am. COMMISSIONER HILLER: No, I think it needs to be -- it has to be handled now. I mean, we said that when a settlement agreement came forward, it had to be -- it would be addressed. MR. KLATZKOW: You have an LDC provision with an LDC process to do this. This is not that process. If they want to come back and go through that process, it's a very quick process, it's usually done on consent. You can handle it that way. COMMISSIONER HILLER: Okay. But it can be done. MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: And it's done administratively? There's no discretion in that? Because that's how we voted. MR. KLATZKOW: We generally put it on the consent agenda. COMMISSIONER HILLER: Okay, got it. CHAIRMAN NANCE: All right, there's a motion and a second. Any further discussion? (No response.) CHAIRMAN NANCE: Seeing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Passes unanimously. Page 207 March 24, 2015 All right, Mr. County Manager, where are we? Is everybody going to leave? If everybody's going to leave, we're going to take a five-minute break. (Recess.) CHAIRMAN NANCE: Mr. Ochs, let's see if we can bring it on home, sir. MR. OCHS: Yes, sir. Mr. Chairman, you have a live mic. CHAIRMAN NANCE: Thank you, Mr. Ochs. Item #10B RECOMMENDATION TO APPROVE THE PROPOSED CAPITAL INVESTMENT FOR DIVERSIFICATION INCENTIVE (CID) PROGRAM — APPROVED MR. OCHS: Mr. Chairman, I think we're now moving to Item 10.B on the agenda, Board of County Commissioners recommendation to approve the proposed Capital Investment for Diversification Incentive Program. Commissioner Hiller brought this forward in conjunction with your Economic Development staff. COMMISSIONER HENNING: Move to approve. CHAIRMAN NANCE: And a second. I think it's wonderful. COMMISSIONER HENNING: And maybe in the future we can package all those incentives up and bring it back to the Board and have a complete understanding of what we're doing. MR. OCHS: I'd be happy to do that, sir. I think this one fills the gap that we had and we'll put it all together as a packet and bring it forward again. CHAIRMAN NANCE: I'm really supportive of these capital Page 208 March 24, 2015 investments, and I appreciate Commissioner Hiller bringing it forward. Commissioner Fiala? COMMISSIONER FIALA: Yeah, I just have a little bit of a question and that is on one portion of the Capital Investments for Diversification Incentive Program, and it talks specifically about new buildings or buildings that don't yet have their C.O., buildings that have been sitting there but the C.O. hasn't been granted yet. And I'm wondering -- my concern is we have so many existing buildings that aren't in use. Is there a way that we can use those buildings? I hate to see those things -- a lot of people complaining, they say why are you encouraging new building when you're not even using the ones that are existing? Especially in shopping centers where maybe somebody had gone bankrupt and they're -- CHAIRMAN NANCE: It's a capital investments, I -- COMMISSIONER FIALA: Well, let me finish. So maybe in the shopping centers where they have already had a C.O. and the company went bankrupt and so the thing is sitting there empty. And I'm concerned that they can't use those. COMMISSIONER HILLER: We do. We already have a program in place for that. We have a program in place that waives the incremental impact fees on developing -- you know, improving increasing the intensity of existing buildings. COMMISSIONER FIALA: Because we already have the no impact fees on buildings -- COMMISSIONER HILLER: Well, that's what I meant. COMMISSIONER FIALA: -- that were in existence. COMMISSIONER HILLER: Right. And that's what you're talking about. So we have a program to incentivize development of existing buildings. And this is to incentivize new. And the problem we're having is that there's a lot out there that is not fitting the new companies. Like that Felix who came before us? Page 209 March 24, 2015 The reason he was going to go to Bonita is because nothing that was in existence worked for him. And then ultimately what we found for him was within an existing building that hadn't yet been C.O.'d, the opportunity for him to make that capital investment and finish that building out. So we have two programs -- COMMISSIONER FIALA: Are you tying any of that right in with your capital investment diversification, or is that something else on the side -- COMMISSIONER HILLER: No, it's all part of the diversification. COMMISSIONER FIALA: You are promoting -- COMMISSIONER HILLER: Yeah. COMMISSIONER FIALA: -- using existing buildings? COMMISSIONER HILLER: Yes. Oh, yes. Oh, yeah. COMMISSIONER FIALA: That was my biggest concern. COMMISSIONER HILLER: Absolutely. No, and I agree with you, because we want -- you know, obviously we want absorption of what exists as well as -- but we want to -- what we don't want to have happen is that if something is out -- if there's nothing out there that exists that fits, we don't want them to leave and put the capital investment in some other jurisdiction. So it's to retain those people who don't fit what's already built. COMMISSIONER FIALA: And the last question is completely different, but right now we're having a lot of problems finding qualified employees from any of the businesses already here. COMMISSIONER HILLER: Yeah. COMMISSIONER FIALA: And they're seeking employees from other areas trying to fill those. Usually skilled and college graduates -- COMMISSIONER HILLER: Yeah. COMMISSIONER FIALA: -- and so forth, and they're really having a problem. And we're only encouraging more. And I'm Page 210 March 24, 2015 wondering where we're going to get all these employees. And the second thing that goes with it, where are we going to get the housing for skilled workers? We have plenty of low income housing, but we sure don't have any for that middle income young college professional. And I think we need to address that at some point. COMMISSIONER HILLER: Yeah. And we are looking at that. One of the things that's so exciting is that as eastern Collier is developing, not only with respect to commercial but with also respect to residential, you're going to see that go hand-in-hand. And because the land in eastern Collier is so much less expensive, they can build much more houses that would qualify as gap housing at that price. COMMISSIONER FIALA: That's pretty far down the road, you know. COMMISSIONER HILLER: No, it's not. The projections are like scarily close. COMMISSIONER FIALA: I just think we should be addressing them so as we get people in here, we have housing for them right now, you know. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I really like your proposal, Commissioner Hiller. I was concerned initially because I wasn't sure that we were waiving impact fees, but I understand that the impact fees are a measure. And I think this is a wonderful, wonderful idea. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Motion and a second. Any further comment? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. Page 211 March 24, 2015 COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Unanimous approval. Item #11B RECOMMENDATION TO APPROVE A BUDGET AMENDMENT TRANSFERRING $200,000 FROM PELICAN BAY SERVICES DIVISION MSTBU FUND 109 RESERVES TO THE BEAUTIFICATION COST CENTER FOR ADDITIONAL TREE TRIMMING SERVICES — MOTION TO DENY AND BRING BACK WITH INFORMATION TO SEE IF THIS IS A SAFETY OR BEAUTIFICATION ISSUE — APPROVED; MOTION FOR STAFF TO DEVELOP CRITERIA FOR WHO IS RESPONSIBLE FOR CHARGES — APPROVED MR. OCHS: Takes us to Item 11.B, which was previously Item 16.F.4, and that's a recommendation to approve a budget amendment transferring $200,000 from the Pelican Bay Services Division MSTBU Fund 109 reserves to the Beautification Cost Center for additional tree trimming services. And that item was moved to the regular agenda at Commissioner Henning's request. COMMISSIONER HENNING: Yeah, there's not a lot of detail in the executive summary. However, I know that this is a longstanding PUD that does many things within the Pelican Bay community, including new (sic) that performs improvements on public property, such as Pelican Bay Boulevard. Page 212 March 24, 2015 So the question is, and I know the new norm is to, you know, take up the maintenance on public property or private soon to become public property. So if we're going to do it for one, we should do it for all. So are these maintenance improvements being done on Pelican Bay Boulevard? MR. OCHS: Yes, sir. My understanding is some of the work in this tree trimming program is done on public rights-of-way. COMMISSIONER HENNING: Okay. Then we should kick in our fair share, if it's on Pelican Bay Boulevard. CHAIRMAN NANCE: I think we should eliminate all maintenance of landscape in the right-of-way. COMMISSIONER FIALA: Oh, no. COMMISSIONER HENNING: Well, yeah. CHAIRMAN NANCE: And actually I'm going to bring -- before you say no, I'm going to bring an agenda item forward that's going to show you examples where planting in the right-of-way are detrimental to the community and detrimental to business and costing us a lot of money for absolutely no benefit to the public. Because they're redundant, they block signs, they pose safety hazards. Not all of them. And I'm not talking about the medians, I'm talking about on the sides of the road. COMMISSIONER HENNING: Well, we're going to trim them in Pelican Bay. CHAIRMAN NANCE: Sounds like they're going to trim them. COMMISSIONER HENNING: Well, no, we need to be equal to all. And we had an MSTU here, you know, no different than Rock Road. Except for Rock Road is a private road. CHAIRMAN NANCE: That's going to become public. COMMISSIONER HENNING: That's going to become public. It has no proper stormwater on it. Pelican Bay does. They decided to Page 213 March 24, 2015 tax themselves to make the improvements on Pelican Bay Boulevard. They have maintained it over the years. And now we need to kick in our fair share and pony up and do for Pelican Bay like we're doing for people on Rock Road and maintain it. COMMISSIONER FIALA: So may I ask a little bit about that? So now Pelican Bay -- and I look at it as though they really want to make sure that their community looks far better than others. They want it to look like they want and they've put their money where their mouth is to do that. Now, Bayshore, for instance, does the same thing, but not to that -- not at all to that quality. But they also pay for their maintenance and their trees and whatever they're going to be doing. Do you feel -- and same with Radio Road. Do you feel that that should all stop? COMMISSIONER HENNING: Yeah -- well, no, I think that the county, since we're doing it for one, we need to systematically -- and that was my plan, bring it forward for the Board's consideration to take over the maintenance of these MSTUs that are on public property. So the answer is yes. COMMISSIONER FIALA: MSTUs on public property. So like on Radio Road, for instance? COMMISSIONER HENNING: Yeah, and like on Bayshore Boulevard. COMMISSIONER FIALA: Oh, there's a lot of them. We have Lely Resort. We've got a bunch of them -- or Old Lely, Lely Resort, all of those things. Well, okay. MR. OCHS: Chairman, would it be possible for the Board to consider approval of this item pending both Commissioner Henning and Commissioner Nance's work to bring back -- CHAIRMAN NANCE: Yeah, I think there's some issue -- I think there's some agenda items that are coming back. I mean, I would be -- Page 214 March 24, 2015 I have no trouble with approving this item, and I'll make a motion for approval. COMMISSIONER FIALA: I'll second it. COMMISSIONER HILLER: Subject to it coming back -- or subject to, what would you say, reimbursement if-- MR. OCHS: I would say subject to, you know, a pending board policy decision on how -- COMMISSIONER HENNING: We already set policy. We set policy on Rock Road. COMMISSIONER HILLER: We did. COMMISSIONER HENNING: And, you know, we need to treat everybody fair. I don't know how different than I can say it. I can't support the motion because that's not being fair. MR. OCHS: I apologize, I thought -- COMMISSIONER HENNING: Bring it back -- MR. OCHS: -- you said you were getting ready to bring something that would -- COMMISSIONER HENNING: We're going to bring it back one-on-one -- one and one. Unless somebody wants to reconsider, you know, the actions that we have taken that is going to create this snowball. I think that we should pony up and not vote for the motion. And therefore we will take up some of the responsibility like we're doing on Rock Road. COMMISSIONER FIALA: I don't think it's apples to apples. CHAIRMAN NANCE: It's not. COMMISSIONER HENNING: Sure it is. CHAIRMAN NANCE: No, it isn't. Their roads and amenities are different things. And the county accepts the maintenance of roads that are public roads that are paved and built by developers all the time. The developer builds the road, it becomes part of the county network and the county takes it over. There are numerous examples. And staff Page 215 March 24, 2015 has been asked to bring a full spectrum of the examples on how this works, what's been done, what hasn't been done. And is there consistency on that? Absolutely not. So we are going to need board policy. But I don't think that you can put landscape maintenance and road building in the same sort of a policy. COMMISSIONER HENNING: Well, and I disagree. The people who purchased on a (sic) Rock Road knew it when they moved on it, okay? CHAIRMAN NANCE: That's right. COMMISSIONER HENNING: And the people in Pelican Bay, when they bought in there, they knew there was an MSTU that was going to take care of the maintenance. So it is apples to apples. You know, a gravel road is sufficient to drive on. Now you pave it, that's a luxury. I don't see how you can say that's a necessity. That is just totally absurd, in my opinion. CHAIRMAN NANCE: So you're suggesting that the county never take over another road that's built, and maintenance -- COMMISSIONER HENNING: No, I -- CHAIRMAN NANCE: -- for all roads that are built should be strictly taken on by the developer? COMMISSIONER HENNING: Well, that's how it works. However, we have a lot of lime rock roads here. I wasn't opposed and never will be opposed to paving Rock Road. However, we set precedence by maintaining that pavement in perpetuity, even though that we have MSTUs throughout all of Collier County that is making improvements and taxing themselves to maintain those roads. One example is there's an agreement on Radio Road that this was in the downturn of the county, they wanted landscaping on -- in the public right-of-way. And the agreement was that they will -- we will get a loan, and it's actually a bank note, and through the course of that loan that MSTU will maintain the landscaping on Radio Road. Page 216 March 24, 2015 CHAIRMAN NANCE: There's one significant difference. The cost of the capital infrastructure for putting in landscaping is dwarfed by the maintenance cost. The maintenance cost can be hundreds of times in perpetuity what the infrastructure cost is. That's not the case with a paved road. A paved road that's paid for by somebody else and the maintenance is then taken on by the county generates much more in taxes than it's going to require to maintain the road. That's not the case with perpetual landscape maintenance. COMMISSIONER FIALA: Commissioner Nance, I think we're talking about two difference things here. CHAIRMAN NANCE: Well, I am. I'm just trying to find a way to get Pelican Bay to be able to trim their trees here. COMMISSIONER FIALA: Well, and that's landscaping. But what you're talking about like Rock Road, there are other roads yet, that's safety. Landscaping is not safety. So that's what I'm talking about, we have two different things here. And so with roads, I think -- you know, they started out many, many, many years ago as being just gravel roads, and over the time and we've built other roads, we've done a great job, but we have to catch up on our road building to those smaller roads too in order to bring them up to safe quality. CHAIRMAN NANCE: And I agree, there's currently no mechanism to do that. COMMISSIONER FIALA: And maybe the county should then maintain them afterwards because they are a safety feature, just as we're doing with Rock Road. Once we get all of these things paved so we'll have a community full of paved roads rather than places where they have gullies and everything. But I think that's a total different issue altogether than landscaping. CHAIRMAN NANCE: I clearly agree with Commissioner Page 217 March 24, 2015 Henning that we need to work out how we handle MSTUs. But I'm not willing to give up on them because I think that people paying for what they want is a great thing if we can do something. And I have no idea where we are in the discussion. COMMISSIONER FIALA: You can get me off CHAIRMAN NANCE: Get you off Who's next, Commissioner -- COMMISSIONER TAYLOR: Me. CHAIRMAN NANCE: -- Taylor? COMMISSIONER TAYLOR: Me, I'm next. COMMISSIONER HILLER: Commissioner Taylor opened her mouth, now you pick her over me every single time. COMMISSIONER TAYLOR: No, no, no, my light was on. My light was on. CHAIRMAN NANCE: You must cede a lot of talking time to all the other commissioners here. COMMISSIONER TAYLOR: No, I was just suggesting that this is a very -- for me a very interesting topic. This is a brand new topic for me. Not that it's a new issue, but it's a new topic, and I think we would do well to bring it back as an agenda item, asking staff to talk about -- give us the delineation, when we pay, when we don't pay, that kind of thing. But I think Commissioner Henning is correct, I think it needs to be done. There's enough gray matter here, let's bring it back. But I don't think today's the day to -- CHAIRMAN NANCE: No, I don't think so either. But staff is bringing back an item, as you requested and as I requested, to deal -- to get our head around the roads. If Commissioner Henning would like to also extend it to all MSTUs or landscaping, I would be happy to -- COMMISSIONER TAYLOR: Yeah, I think that would be great. CHAIRMAN NANCE: -- engage that item as well. Commissioner Hiller? Page 218 March 24, 2015 COMMISSIONER HILLER: Yay. Thank you. I have a real concern. And the concern is about these -- I do have to bring up this issue of lime rock road, because the distinguishing matter in this discussion is the claim that somehow lime rock roads are unsafe and that the county is putting the public safety at issue by not paving these roads, or not allowing them to be paved. Is that true? Are lime rock roads unsafe? MR. CASALANGUIDA: No, ma'am. All county owned public rights-of-way, whether they're lime rock or paved, are maintained by the county to a safe level. Public owned rights-of-ways, that's the distinction you need to understand. COMMISSIONER HILLER: And these private roads -- MR. CASALANGUIDA: We have no maintenance on them, so we've done -- COMMISSIONER HILLER: Do we have any safety -- do we have any -- what's the safety issue with the private roads? MR. OCHS: Well, the Board adopted a policy a couple years ago that if the Board deemed that for public health, safety and welfare reasons an improvement needed to be made on a private road, that you would ask the private owners to repay you for your cost. If they didn't do that, you would impose an MSTU on that -- on those homeowners to recoup the county's actual cost of repair and maintenance. COMMISSIONER HILLER: That's not my question. I understand all that. My question is what -- help me out with the public safety issues with respect to lime rock roads versus a paved road. What -- not versus a paved road, just what is the public safety issue with a lime rock road? And I'm just -- I just -- and I'm asking that sincerely, because I don't know anything about -- MR. CASALANGUIDA: Ma'am, if you're county-owned roads, there are no safety issues. They're maintained at safe levels. All publicly owned rights-of-ways are graded or paved. Page 219 March 24, 2015 COMMISSIONER HILLER: But if someone owns a private road, where does it become the county's obligation to maintain a -- or to see that a private road is made safe to public standards? Is there a code? I mean, is there something in our code that says, you know, these roads are in code violation and therefore they must be improved and so we'll do it at the county's cost? I mean, because if you're -- no, let me finish, please. If there is an issue and you are sitting here and telling me that private roads are not safe, then that has to be in our code, and code enforcement needs to be going out there and tagging roads that are private roads that are not up to code standards, whatever those standards may be, and ensure that they get brought up to whatever is deemed a safe standard. I mean, you're talking -- if you're going to get into health, safety, welfare discussions, you're talking about the code. COMMISSIONER FIALA: We already have that on the books. COMMISSIONER HILLER: No. MR. OCHS: Commissioner -- COMMISSIONER HILLER: No, wait, let -- I want to -- CHAIRMAN NANCE: Ladies and gentlemen -- COMMISSIONER HILLER: I want to talk to Leo. CHAIRMAN NANCE: -- this is not on the agenda. COMMISSIONER HILLER: It is, because I need to understand this. CHAIRMAN NANCE: It's not on the agenda today, ma'am, I'm sorry. COMMISSIONER HILLER: I need to understand it. Because we're bringing in the distinguishing factor as public safety. And so if you're telling me that's public safety, I need to understand how that is public safety. MR. OCHS: Ma'am the policy that the Board enacted a few years ago in this regard essentially said that if a fire chief or a fire marshal Page 220 March 24, 2015 came forward to this Board and told you that they could not get an emergency vehicle down a private road and it therefore was endangering — potentially endangering the health, safety and welfare of the people that live on that road or their property, that that was the trigger that would allow the Board to direct those roads be brought up to at least a passable standard by those emergency vehicles and thereby allowing public expenditure for improvements on a private road. COMMISSIONER HILLER: So we need to get that in the code. MR. OCHS: Well, it's in your ordinance that you adopted on -- COMMISSIONER HILLER: So it's actually in -- MR. OCHS: Yes. COMMISSIONER HILLER: Oh, I didn't realize that we passed that as an ordinance. I thought that was just a policy. MR. OCHS: No, it's an ordinance. I'll get you a copy of it. COMMISSIONER HILLER: Okay. Does fire know that they have the ability to do this? Did you send this out to all fire? COMMISSIONER FIALA: Yes. MR. OCHS: They came in front of you as a petition. And that's how this all got initiated the first time. COMMISSIONER HILLER: Forgive me, I just don't remember that history. So I think you periodically need to circulate this ordinance to all the fire chiefs. COMMISSIONER HENNING: Stop that. I don't want to spend any more money. COMMISSIONER HILLER: We have a public safety issue. And if I can't remember it, I can't see how they would. CHAIRMAN NANCE: Let's get back to the agenda item. I made a motion. I don't even know if we have a second at this point -- COMMISSIONER TAYLOR: Yes, you do. CHAIRMAN NANCE: There's a second by whom? Page 221 March 24, 2015 COMMISSIONER TAYLOR: Commissioner Fiala. CHAIRMAN NANCE: Commissioner Fiala. There's a motion and a second. Commissioner Henning does not support it. Is there any further discussion? Commissioner Hen-- MR. MILLER: Mr. Chairman? Mr. Chairman, I do have one registered public speaker. CHAIRMAN NANCE: Oh, holy mackerel, a public speaker. Go ahead, sir. MR. MILLER: Dr. Joseph Doyle. CHAIRMAN NANCE: Dr. Doyle. COMMISSIONER TAYLOR: The public? Who are they, after this? CHAIRMAN NANCE: Dr. Doyle, I admire your perseverance. DR. DOYLE: Yes. We went out for breakfast, then we went out for lunch. CHAIRMAN NANCE: You've had a birthday since then, sir. Thank you for your perseverance. Please go ahead. DR. DOYLE: Yes, good evening, Commissioners. Dr. Joseph Doyle, Naples. I'm here on behalf of my mother, Sandra Doyle, who is the property owner in Pelican Bay. I provided you all with an e-mail yesterday afternoon. When I saw this on the consent agenda over the weekend, I did reach out to one of the board members of the Pelican Bay Services Division. My issue is that, this kind of goes back to when I was here last fall when the budget was adopted, this is an amendment, that there is no paper trail. There's no supporting documentation in the executive summary, to Commissioner Henning's point. And I do thank Commissioner Henning for bringing this off the consent agenda. I found out the $200,000 is not just for pruning. So if you were to support this amendment right now as it's written, it's inaccurate. It's Page 222 March 24, 2015 $100,000 for pruning and $100,000 for temporary labor. At the January 7th meeting of the Pelican Bay Services Division they were told that we wouldn't really need much more temporary labor this year, so I don't know how they got to $100,000 in the temporary labor. As far as the $100,000 in pruning, to Commissioner Taylor's point, we don't know which streets are involved, which are really a safety issue. This did come forward from the safety committee. However, they didn't prioritize. Does all that work have to be done right now in the next three or four months? Could some of it be done this year, some of it done next year? So we don't have any of that in-- we don't have any supporting detail from the safety committee or from the board. And, you know, they had the January 7th meeting, they had the February meeting, they've now had the March meeting and we still don't have the supporting documentation to substantiate this request. And I'm just saying that they need to put it in proper order. As I said at the original budget, there's no paper trail. So -- and to take $200,000 out of reserve on a two and a half million dollar operating budget, that's eight percent. And they increased our capital reserves last year by $200,000 for beach renourishment for the future; they're going to do $200,000 a year for the next several years. So it's just sloppy. And I feel that they should come back with supporting documentation for what they want to do. And to Commissioner Henning's point of some of this is going to be done on Pelican Bay Boulevard and other public rights-of-way from a safety issue, if the county's going to put in some money, fine. But I just feel that in its present form it shouldn't be approved. COMMISSIONER HENNING: I agree. COMMISSIONER HILLER: I agree. CHAIRMAN NANCE: Commissioner Hiller? Page 223 March 24, 2015 COMMISSIONER HILLER: Yes, thank. Thank you for raising all those points. And the most significant point you raise, that this trimming is for safety. And so if it is for safety, then it should be a general expense, not a PBSD expense. So let's get the evidence, let's pull it together. And if we're dealing with public health, safety and welfare and this is not about beautification, which based on what you're saying it seems to be the case, then definitely it should not be coming out of that budget. And we should find out exactly where these -- this vegetation is going to be trimmed and what the safety element is. And if you could work with Commissioner Henning, only because he's working on, you know, a general policy which is addressing these type of issues, I would really appreciate it. Notwithstanding that it's in my district, he has a better understanding of, you know, the maintenance versus non-maintenance, the safety versus the beautification questions with respect to MSTUs. But I can't support it because I think what you say is right. DR. DOYLE: That little bit of documentation is there, the fact that it came from the safety committee. COMMISSIONER HILLER: That's very significant. But again, if that's the case, it goes to the issue of it should not be part of the MSTU which is for enhanced beautification, not for safety maintenance. Like the issue with the road. If there's a safety issue, then it's very different than if we're doing it because it looks pretty. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yeah, I just wonder, does everybody in Pelican Bay feel as you do or do they want to have the beauty of these trees trimmed and cleaned and looking good? I think that that's really -- they're all paying into it. And so I'm just -- have you brought this up to the Pelican Bay Services Division? DR. DOYLE: I'll give it to you this way, this has been an issue Page 224 March 24, 2015 that's been going on for probably the last six, nine months regarding the issue, the line of sight at a lot of the corners. And they've been working even with the Foundation as who's responsible to cut it back. Is it going to be the Services Division? Is it going to be Foundation to enforce the covenants? We actually had one property at the corner of Oakmont and Greentree that turned over the last couple of months. The homeowner, the new homeowner took out all the vegetation so now you can see the corner and the line of sight is fine and it's not a problem. So the question really is, is who's responsible for some of this? I do believe that some of it are the property owners. I do believe that -- and that will probably be where their property is on the road and their trees are overhanging. But in the medians, which we pay to beautify, some of those are overgrown, but we've been trimming those with the MSTBU money and that's appropriate. And we've had other places where we don't know if the Foundation has really been enforcing the covenants. It's been an ongoing battle. So I think you have a little bit of all this going on. COMMISSIONER HENNING: Let the county take care of it. CHAIRMAN NANCE: Okay, I'm going to withdraw my motion. You can make a motion to deny, ma'am, if you'd like. COMMISSIONER HILLER: Yes, I'd like to make a motion to deny, to bring this matter back with the information that's submitted to show whether this is for safety or for beatification, to show which streets are going to be improved and to show what the need for the temporary labor is. And to ask that Commissioner Henning work with my constituent on this issue to come up with, you know, what the proper recommendation would be for this matter, and then have staff bring it forward. COMMISSIONER HENNING: I'd be happy to. DR. DOYLE: Thank you. Page 225 March 24, 2015 MR. OCHS: Just for the record, sir -- COMMISSIONER HILLER: Don't give me that look, Leo. COMMISSIONER TAYLOR: Point of order. MR. OCHS: This action was recommended at an advertised meeting of the Pelican Bay Services Division. It's specifically to clean up line of sight issues and keep streetlights from being obstructed within the community. COMMISSIONER HENNING: I'll work with them also. COMMISSIONER TAYLOR: Point of order. CHAIRMAN NANCE: Is there a second. COMMISSIONER HENNING: Second. CHAIRMAN NANCE: There's a motion and a second. Discussion. Commissioner Taylor? COMMISSIONER TAYLOR: Point of order. I'm not sure we can deny it. I think we can continue it but I'm not sure we can deny it. County Attorney? CHAIRMAN NANCE: Sure we can. COMMISSIONER TAYLOR: But that means that it can't come before us again, correct? MR. KLATZKOW: You can deny it. My understanding is the reason is that there's insufficient backup. COMMISSIONER HILLER: And it just comes back with more CHAIRMAN NANCE: It will come back. COMMISSIONER TAYLOR: Okay. All right. MR. OCHS: We'll bring it back -- MR. KLATZKOW: -- sufficient backup. COMMISSIONER TAYLOR: I'm sorry. MR. OCHS: -- with more information. COMMISSIONER TAYLOR: Would the motion maker also consider amending the motion to include staff to make us a Page 226 March 24, 2015 presentation so that we develop criteria for neighborhood generated MSTBUs? COMMISSIONER HILLER: I'm not going to make that as part of my motion, because Commissioner Henning is going to independently come back with an executive summary for proposing how these issues will be handled from a policy perspective. And that's not part of this particular agenda item, because he's already committed to do it at a future meeting. COMMISSIONER HENNING: That's not true. COMMISSIONER TAYLOR: That's not true, I heard him say that. It's not true. COMMISSIONER HILLER: That's totally true. Don't play these games. CHAIRMAN NANCE: All right, we have a motion. COMMISSIONER HILLER: He's teasing you, don't listen to him. CHAIRMAN NANCE: Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: I'd like to make a motion, a follow-up motion that we ask staff to come back. COMMISSIONER FIALA: It didn't pass, though. CHAIRMAN NANCE: It was denied 3-2. Page 227 March 24, 2015 COMMISSIONER TAYLOR: Yeah, but I'd like to make a follow-up motion pertaining to this, which is not to negate what Commissioner Henning is going to do in his spare time, between fishing. COMMISSIONER HENNING: No, getting baby food. That's what I need to do, I need to leave and get some baby food. COMMISSIONER TAYLOR: I know, I know, I need to go. I've got child care over at 6:30. CHAIRMAN NANCE: Commissioner Henning, you're the one that started the fight on this. You're not seeing it to the end? COMMISSIONER TAYLOR: All right, so let's make a motion quickly, that we ask staff to come back and give us a developed criteria going forward about how we determine who pays for what and when MSTBUs are brought to us. CHAIRMAN NANCE: I will second that. COMMISSIONER FIALA: It kind of feels like government overreach again. These people establish their MSTUs -- CHAIRMAN NANCE: Well, we just -- COMMISSIONER HILLER: -- with 50 percent plus. CHAIRMAN NANCE: We just have to have an understanding on who's responsible for what. COMMISSIONER TAYLOR: Yeah, I mean, just -- CHAIRMAN NANCE: I'll support a workup on that. That's not doing anything to them. COMMISSIONER HENNING: Can I help? CHAIRMAN NANCE: It's just an understanding. Making policy. MR. OCHS: Appreciate the opportunity, sir. CHAIRMAN NANCE: Nick needs work. COMMISSIONER TAYLOR: Yeah, Nick needs work. MR. CASALANGUIDA: I felt you cooking underneath here. Page 228 March 24, 2015 CHAIRMAN NANCE: So we have a motion and a second. Is there any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Passes unan-- oh, any opposed? COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: 4-1, Commissioner Fiala dissents. COMMISSIONER TAYLOR: Can we do commissioners comments so I can leave? Because I have to go too. COMMISSIONER HENNING: Good night. COMMISSIONER FIALA: We do have 14.B, right? CHAIRMAN NANCE: We have one more very significant issue. Item #14B1 RECOMMENDATION TO COMPLY WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COMMUNITY AND HUMAN SERVICES DIVISION (CHS) DETERMINATIONS TO REIMBURSE FEDERAL FUNDS IN THE AMOUNT OF $268,901.37 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS SUB-AWARDED TO SUPPORT THE WORK OF THE IMMOKALEE BUSINESS DEVELOPMENT CENTER (IBDC), AUTHORIZE TRANSFER OF NECESSARY FUNDS WITH THE REQUISITE BUDGET AMENDMENTS, AND TO WAIVE RESOLUTION 2013-228 — APPROVED Page 229 March 24, 2015 MR. OCHS: Yes, sir, that's Item 14.B. COMMISSIONER TAYLOR: Oh, yeah. MR. OCHS: And that's a recommendation to comply with HUD and Community Services Division determination to reimburse federal funds in the amount of$268,901 .37 for Community Development Block Grant projects sub-awarded to support the Immokalee Business Development Center. Mr. Durham will present. CHAIRMAN NANCE: I want to make just a couple comments, and I'm going to make a recommendation to -- a motion to approve. I think this is a very unfortunate situation. We had a circumstance that predates the current management team at the CRA in Immokalee where the CRA, apparently ill-advisedly got involved with economic development as part of their activities. And the CRA was not able to meet its responsibilities under the grant and necessitates the paying back of the grant. And I guess, Mr. Durham, that there is a recommendation included in the executive summary for a methodology to repay this back over time. MR. DURHAM: Tim Durham for the record, County Manager's Office. That's correct, Mr. Chairman. COMMISSIONER TAYLOR: Did you make a motion? CHAIRMAN NANCE: I think it's very -- yeah, I made a motion to approve the recommendation. COMMISSIONER FIALA: Second. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: I think it's very unfortunate. COMMISSIONER HILLER: I think there are questions that need to be answered first. CHAIRMAN NANCE: There's a motion and a second. Page 230 March 24, 2015 Commissioner Hiller? COMMISSIONER HILLER: Yeah. Leo, I asked you some questions about this. Can you help with the answers? MR. OCHS: Yes, ma'am. I'll ask our staff representative from Community Housing Services to step forward. MR. MAGON: For the record, Jeffrey Magon, Compliance Supervisor for Community and Human Services. COMMISSIONER HENNING: Do you work for the county? MR. MAGON: Jeffrey Magon. COMMISSIONER HENNING: You look too young to work for the county. MR. MAGON: I'll be 28 next week. COMMISSIONER HILLER: Oh, my goodness. COMMISSIONER HENNING: Really? Well, happy birthday. MR. OCHS: Commissioner? COMMISSIONER HILLER: You never told me I look too young to work for the county. Okay, so the concern I have is how could this have all been disbursed without the conditions of the grant being satisfied? Because in government we reimburse based on performance, we don't advance funds. So I don't understand how there could have been disbursements made by the Clerk to the -- who are the disbursements made to directly? I mean, they were made to the IBDC, correct? MR. MAGON: Correct. In CDBG, there are a number of different criteria that need to be met. As the grant progresses, national objectives and eligibility activities need to be met. While the payments were being made, they were being paid on eligible activities and allowable costs. However, for the job creation, that was not intended to come until the end which is the final criteria that needs to be met for that national objective. COMMISSIONER HILLER: So the job creation portion was Page 231 March 24, 2015 $268,000. What were the disbursements related to the other satisfied steps? MR. MAGON: The disbursements were related to the salary of the person doing the activities for the IBDC. The goal of the agreements were to assist businesses in developing and creating jobs. COMMISSIONER HILLER: Whose salary was being paid? MR. MAGON: That was the IBDC business manager. COMMISSIONER HILLER: And who was that? MR. MAGON: That was Marie Capita. COMMISSIONER HILLER: Okay. So the salary all went to Marie. And was Marie the one responsible for generating these jobs? COMMISSIONER HENNING: She generated her job. COMMISSIONER HILLER: That's one. So was she being paid the salary in order to generate these jobs in the end? MR. MAGON: She was being paid the salary in order to assist these businesses in developing the capacity to create jobs. The funds that were given for the grant were also for the operation and activities, the classes and so forth. COMMISSIONER HILLER: So how much money was paid towards Marie's salary and towards the operations above the 268? MR. MAGON: In the 2012 agreement, approximately $57,000 was paid for her salary and $7,000 for her benefits. I can get the exact numbers, I have it on my laptop for -- COMMISSIONER HILLER: And that was on top of this 268. MR. MAGON: That was part of it. MR. OCHS: Inclusive. MR. MAGON: Yes, correct, that was inclusive. COMMISSIONER HILLER: Well, that doesn't make sense. I mean, she did work, didn't she? MR. MAGON: Correct. Page 232 March 24, 2015 COMMISSIONER HILLER: So why are we paying back? I mean, if that was satisfied, if she worked, I don't understand. If that was -- I mean, it's one of two things, either she doesn't get paid until she delivers the seven jobs and that is the reimbursement, or if the marker for reimbursement is that she worked -- well, but then why were we advancing the money? Why was the Clerk advancing the money if the trigger was job creation? You can't have it six of one, half a dozen of the other. I mean, if a legitimate basis for disbursement was that she was working towards this initiative, then we should not be refunding that portion. If she -- if the IBDC should not have been reimbursed until those jobs were created and part of the underlying cost that they were going to be reimbursed for was the salary, then this should not have been disbursed 'til the end. (At which time, Commissioner Taylor exited the boardroom.) MS. KINZEL: Commissioner Nance, perhaps I can help clarify. Commissioner Hiller, this is set up somewhat like your EII contract is right now. You're paying expenses, you pay towards a goal. If the goal isn't met in the end, you'll have to pay back the entire grant. Those were the provisions of this grant. The Clerk disbursed based on the information that was provided, the signature of the department, the monitoring that was or was not completed. But the validation of her payroll was there. When we got towards the end of the program, we asked for the validation of the jobs having been produced. That could not be validated. They sent to HUD, asked for different methodology considerations and that was denied. So the disbursements during the course of the grant were perfectly appropriate, approved, there was a person working as validated by the staff, and that was the basis for the payment. But in this grant, as in other grants that you get, if you don't Page 233 March 24, 2015 perform at the end of the grant, you do pay back the funds. COMMISSIONER HILLER: The full amount, regardless -- MS. KINZEL: Yes. COMMISSIONER HILLER: -- of the fact that you qualify along the way. What's EII? MS. KINZEL: That's your current grant with Economic Development. If they don't produce 208 jobs in five years, you will have to pay back that 2.5 million -- COMMISSIONER HILLER: Well, that's great, so -- MS. KINZEL: -- so it would be the same. COMMISSIONER HILLER: So then what is happening over here, then disbursements under the EII are legitimate notwithstanding jobs won't be created -- or proven created 'til the end, and that's what's parallel here. MR. OCHS: Correct. COMMISSIONER HILLER: Got it. Okay, I understand. What was Penny Phillippi's role in all this? CHAIRMAN NANCE: She was the one that solicited the grant. MR. DURHAM: She was the executive director, ma'am, of the CRA at the time of this -- COMMISSIONER HILLER: So was she working for the IBDC at the time this was going on, or not? MR. DURHAM: Well, she oversaw it as the executive director of the CRA. And Maria Capita was the manager of the IBDC. COMMISSIONER HILLER: So Penny Phillippi -- so if I understand correctly -- what was the name of the lady that worked there? MR. DURHAM: Marie Capita. COMMISSIONER HILLER: So Marie Capita worked for Penny Phillippi. Page 234 March 24, 2015 MR. DURHAM: Correct. COMMISSIONER HILLER: And so Penny Phillippi was the one who was responsible to ensure that her staff brought forward seven new employees and failed to do so. MR. OCHS: Yes, ma'am. This was an award to the Immokalee CRA. COMMISSIONER HILLER: Okay. And it was -- okay, so it was basically Penny's responsibility to ensure that this was done and it wasn't done. MR. DURHAM: Yes, ma'am. COMMISSIONER HILLER: Got it. I don't think there's any choice but to return -- CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Wasn't part of this job that Marie was being paid for was training and teaching people how to go out and get jobs and teaching people how to start businesses and how to keep the books and so forth? There was more to it. And in the end, the end result was also employees. But they first wanted her to be going out and training is the way I understand it, and teaching them how to run a business, right? (At which time, Commissioner Henning exits the boardroom.) MR. DURHAM: That's correct, ma'am. There was a large number of workshops and training that took place throughout the entire period. And the idea was that through that training, it would ultimately produce -- COMMISSIONER FIALA: Right. MR. DURHAM: -- permanent jobs. COMMISSIONER FIALA: Right. Okay, just so -- I think that that maybe wasn't said, so I just wanted to put that on the record as well. CHAIRMAN NANCE: Yeah, but at the end of the day they Page 235 March 24, 2015 could not directly track the requisite number of jobs as having been created to become eligible to receive the money. So the determination was made after exhaustive attempts that they would have to comply with the grant and return the monies. MR. DURHAM: Correct, sir. They never -- it's clear to me, reviewing all this material, the training did take place, there was a lot of training. There were some companies that did receive a modest benefit, they received various certifications, but at the end of the day they were not able to create sustainable permanent jobs. COMMISSIONER HILLER: What is the status currently of this IBDC? CHAIRMAN NANCE: It has expired. MR. DURHAM: It expired, ma'am, in July of 2014. COMMISSIONER HILLER: What happened -- didn't we make some arrangement for them to have space? CHAIRMAN NANCE: Yeah, we rented them space, we arranged space. COMMISSIONER HILLER: And what's the status of the lease agreement for that space? MR. DURHAM: I believe that's all expired and wrapped up at this point. CHAIRMAN NANCE: Sad circumstance. But not central to the mission of a Community Redevelopment Agency. It's an unfortunate development. Any further comments? MR. MILLER: Mr. Chairman, I have a registered public speaker for this item. The Iron Man Award goes to Marvin Courtright. COMMISSIONER HILLER: Marvin, you have all night. Take your time. Don't rush. We're not going anywhere. We're used to sitting in these chairs. We're comfortable. MR. COURTRIGHT: Marvin Courtright, small business in Page 236 March 24, 2015 Immokalee. I thank you for the privilege of sitting here this late period of time. You've answered a lot of questions in my mind of matters that have taken place over the years in regard to the Immokalee area. Specifically I attended a program in Miami that addressed the CRA program. I attended at my own cost to become more knowledgeable before I tried to become a member of the CRA in Immokalee. As a result of attending it, 32 pages of really good information. I took the liberty of providing the entire Commission with copies of these documents. I'd like to just say that we should take advantage of what has happened and upgrade the existing CRA in Immokalee and make sure that we recognized Mr. Brad Muckel as capable of salvaging something from this mess. The -- they need an office; the CRA needs an office. I don't know if any of you -- well, I think maybe one person, might have tried to visit the CRA in Immokalee. COMMISSIONER HILLER: I went there. I did a full tour. MR. COURTRIGHT: How did you get there? COMMISSIONER HILLER: Well, they actually took me on an air boat. And it was actually Brad who took me on a tour of the whole area. And he -- I want to just interrupt you and please give him the additional time. But you are right, Brad has done a really great job and he should be recognized. And one of the reasons I brought out the fact that Penny was the one responsible is because the paper unfairly named Brad and linked Brad to this issue when he was not involved with this at all. And I think that was a very unfair characterization and clearly a misstatement of fact. And Brad, you know, should be supported and should be Page 237 March 24, 2015 recognized. And as we are developing the east, you're right, we should start looking at the right office space and the right support for the Immokalee CRA so that it can grow with the community and really be there to make a difference. Brad has already made a tremendous difference and has done a great job. COMMISSIONER FIALA: As well as the benefits that can be received from a CRA -- COMMISSIONER HILLER: Right. COMMISSIONER FIALA: -- a well functioning CRA. COMMISSIONER HILLER: Right. I mean, there's all sorts of stuff, but Brad is really great and we should really request that our staff, Leo, look into what resources -- hello? Hello. CHAIRMAN NANCE: You're pushing the button. MR. OCHS: You turned yourself off. COMMISSIONER HILLER: I've never done that to myself in my life. COMMISSIONER FIALA: There you go. COMMISSIONER HILLER: Take your finger off. CHAIRMAN NANCE: That's a new technique. I'm going to start using that one. That works -- COMMISSIONER HILLER: It's like (inaudible sound). See, if you go like that, it's fun. But I think if staff would please look into the needs of the CRA and see what, you know, what you might propose in working with CRA staff, what we should do to help them and bring it forward. CHAIRMAN NANCE: Let me help you in that. They need property evaluations to go up. They're broke. Now they're really, really broke. Brad has done a great job. MR. OCHS: Yes, sir. CHAIRMAN NANCE: They've huddled down, they've hunkered down, they've got some active grants in the process. Things are really Page 238 March 24, 2015 central to their Immokalee CRA mission. I think things are -- COMMISSIONER HILLER: This is horrible. Absolutely horrible. And at no fault of Brad. No fault of the -- COMMISSIONER FIALA: The Zocalo looks wonderful, though. I just was down there. What a beautiful little place that is, that Zocalo. CHAIRMAN NANCE: I hope they really can start working on some of the blight buildings downtown and hopefully this FDOT money that's going to improve the road is going to help them, it's going to raise some valuations, and I think the TIFF money will start going back up so -- COMMISSIONER HILLER: Well, just see what you can do. COMMISSIONER FIALA: They've got sewers going in there too, to help with their flooding problems. COMMISSIONER HILLER: Yeah. CHAIRMAN NANCE: We have a motion and a second. Hearing no further discussion, all those in -- COMMISSIONER HILLER: Did you want to speak more? CHAIRMAN NANCE: -- favor, signify by saying aye. Thank you, Marvin, we've got your -- COMMISSIONER HILLER: Thank you, Marvin. MR. COURTRIGHT: You've done a good job, thank you. CHAIRMAN NANCE: Your copies have been distributed to all the Commissioners. COMMISSIONER HILLER: Thank you, Marvin. I was really hoping to spend the evening with you here, but -- MR. COURTRIGHT: Good night. COMMISSIONER HILLER: Good night. CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. Page 239 March 24, 2015 COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Passes 3-0. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Thank you, Commissioners. Mr. Chairman, that takes you to Item 15, staff and commission general communications. I have nothing this evening. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Nothing. CHAIRMAN NANCE: Commissioner Hiller? I'll go next then. COMMISSIONER HILLER: I have to think about it. CHAIRMAN NANCE: Mr. Ochs is going to put a picture up there. Now, my wife was out in the community. And I think Commissioner Fiala has always told me she was a full-time Commissioner, but we caught her modeling clothing on a runway. COMMISSIONER HILLER: That's hysterical. CHAIRMAN NANCE: And my wife has taken this picture, so I just wanted to share it with you. And I'm going to present Commissioner Fiala with a copy. Doesn't she look amazing? I think she could make a lot more money as a model than she can as a Commissioner. COMMISSIONER HILLER: Absolutely. COMMISSIONER FIALA: I'm blushing. CHAIRMAN NANCE: See, we know about you, ma'am. We follow you. I don't have anything else. You want to make any comments, Page 240 March 24, 2015 Commissioner Hiller? I think we've worn this out today. I would thank the Board and thank all the people that are left for their perseverance. I think we had actually a very broad discussion but I think a good one. I feel like we comported ourselves well. Mr. Ochs, do you have anything? You got the BCC workshop schedule? COMMISSIONER HILLER: Congratulations on your first meeting, Nick. You did great. I mean, you were just like -- you had so much to say. MR. CASALANGUIDA: Thank you, ma'am. MR. OCHS: That is your schedule, it's in your packet. So you'll have a workshop in April and May and June and then back in October. CHAIRMAN NANCE: Back in October. All right. COMMISSIONER FIALA: What are we going to do about that landscaping business? Because it seems like you've got a bunch of varied opinions on here as far as the usefulness of it, types of landscaping, ways to manage it, ways to pay for it. And so far I hear -- I bet I hear five different opinions about it. When are we going to be discussing that? Because I get a lot of e-mails about it. MR. OCHS: Yes, ma'am. I would say probably within the next 30 days. CHAIRMAN NANCE: You know, we're going to have a discussion on MSTUs and roads, we're going to have a discussion on MSTUs and landscaping. MR. OCHS: We're going to try to do it all in one item. COMMISSIONER NANCE: Okay. MR. OCHS: Unless you want to do it in two steps. CHAIRMAN NANCE: No, we can do that. We can do that. COMMISSIONER FIALA: That's like a whole day's subject, you know, just the two of them, don't you think? Because, I mean, Page 241 March 24, 2015 you've got lots of them in your roads, I've got a few. CHAIRMAN NANCE: Well, put it to a workshop, if you'd like. I wouldn't mind. I don't see how we're going to possibly cover that in one agenda item unless we don't have anything else on the agenda. That could go on. That's going to generate more questions than answers I'm sure the first pass-through. MR. OCHS: Okay. CHAIRMAN NANCE: At your -- I would say make us a recommendation, Mr. Ochs, on how you think we ought to handle it. Depending on what you come up with. MR. OCHS: Yeah, you're definitely going to get a recommendation, if not two. CHAIRMAN NANCE: Okay. All right, any further from the Commissioners? (No response.) CHAIRMAN NANCE: Hearing no further good for the county, we'll declare ourselves in adjournment until the next meeting. **** The following items under the Consent and Summary Agendas were unanimously approved and/or adopted **** Item #16A1 FINAL ACCEPTANCE OF THE WATER UTILITY FACILITY FOR CULVERS NAPLES AIRPORT ROAD, PL20130001819, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $7,650.38 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT Page 242 March 24, 2015 Item #16A2 CLERK OF COURTS RELEASE OF PERFORMANCE BOND NO. 40094491 IN THE AMOUNT OF $97,500 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.081, (PL20120000747) FOR WORK ASSOCIATED WITH CAMDEN LAKES — THE WORK ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS Item #16A3 CLERK OF COURTS RELEASE OF A CASH BOND IN THE AMOUNT OF $12,030 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR WORK ASSOCIATED WITH FREEDOM SUITES SITE DEVELOPMENT PLAN, EARLY WORK AUTHORIZATION (EWA) PL20130000663 — THE WORK ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS Item #16A4 RECORDING THE FINAL PLAT OF PARKLANDS - PLAT ONE, (APPLICATION NUMBER PL20140001253) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Page 243 March 24, 2015 Item #16A5 — With additional requirements (Per Agenda Change Sheet and as referenced below) RECORDING THE FINAL PLAT OF GOLF CLUB OF THE EVERGLADES PHASE 1, (APPLICATION NUMBER PL20140001653) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — AN ADDITIONAL REQUIREMENT AUTHORIZES THE COUNTY MANAGER TO ADMINISTRATIVELY UPDATE DEDICATION #4 ON THE PLAT FROM EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT TO GREATER NAPLES FIRE RESCUE DISTRICT PRIOR TO RECORDING THE PLAT Item #16A6 RECORDING THE FINAL PLAT OF TUSCANY POINTE 2, (APPLICATION NUMBER PL20140001338) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A7 AWARD INVITATION TO BID (ITB) NO. 15-6369, AIRPORT ROAD (US41 EAST TO COUGAR DRIVE) MAINTENANCE TO FLORIDA LAND MAINTENANCE INC — TO MAINTAIN SIX (6) MILES OF MEDIAN LANDSCAPE AND IRRIGATION Page 244 March 24, 2015 Item #16A8 RESOLUTION 2015-52: A REVISED LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION IN PLACE OF A PRIOR VERSION ORIGINALLY APPROVED BY THE BOARD ON MAY 27, 2014, WHEREIN COLLIER COUNTY WILL BE REIMBURSED UP TO $400,000 FOR THE INSTALLATION OF ADVANCE INTERSECTION SIGNS AT VARIOUS URBAN COUNTY SITES — LAP AGREEMENT #430875-1-58-01 Item #16A9 EXECUTION OF A FUNDING ASSISTANCE LETTER TO THE UNITED STATES ARMY CORPS OF ENGINEERS (USACE) FOR SHORELINE PROTECTION WITHIN COLLIER COUNTY — A REQUEST FOR SUFFICIENT FUNDING TO CONDUCT A FEASIBILITY COST SHARE AGREEMENT, PROJECT MANAGEMENT PLAN AND SUBSEQUENT FEASIBILITY STUDY IN THE UPCOMING CIVIL WORKS INVESTIGATIONS WORK PLAN Item #16A10 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, AND COLLIER COUNTY, TO EXTEND THE DEADLINE FOR A TRAFFIC STUDY FOR ELEMENTARY SCHOOL L WITHIN COLLIER COUNTY — LOCATED OFF OF IMMOKALEE ROAD NEAR MOULDER DRIVE; THE STUDY Page 245 March 24, 2015 WAS TO BE COMPLETE BY DECEMBER 31, 2014 BUT THE SCHOOL DISTRICT DOES NOT ANTICIPATE THE SCHHOL BEING CONSTRUCTED WITHIN THE NEXT 5 YEARS Item #16A11 AWARD ITB #15-6394 FOR THE TRAFFIC SIGNAL UPGRADE AT THE INTERSECTION OF GOLDEN GATE PARKWAY AND 44TH STREET SW TO ONPOWER SERVICES, LLC, IN THE AMOUNT OF $297,391.85 FOR PROJECT #60172 — TO UPGRADE EXISTING SPAN WIRE TRAFFIC SIGNAL INSTALLATION TO A STEEL MAST ARM ASSEMBLY Item #16Al2 AWARD ITB #15-6393 FOR THE TRAFFIC SIGNAL UPGRADE AT THE INTERSECTION OF GOLDEN GATE PARKWAY AND TROPICANA BOULEVARD TO HIGHWAY SAFETY DEVICES, INC., IN THE AMOUNT OF $479,967.30 FOR PROJECT #60172 — UPGRADING THE EXISTING SPAN WIRE TRAFFIC SIGNAL INSTALLATION TO A STEEL MAST ARM ASSEMBLY Item #16A13 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $66,977. 18, FOR PAYMENT OF $677. 18, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. EBED GUADARRAMA AND IRMA GUADARRAMA, SPECIAL MAGISTRATE CASE NO. CESD20130004682, RELATING TO PROPERTY LOCATED AT 831 EVERGLADES BLVD. N., COLLIER COUNTY, Page 246 March 24, 2015 FLORIDA — CODE VIOLATIONS FOR THREE STRUCTURES ERECTED WITHOUT THE REQUIRED PERMITS AND BROUGHT INTO COMPLIANCE ON SEPTEMBER 8, 2014 Item #16A14 THE PARTIAL RELEASE OF 55 CODE ENFORCEMENT LIENS WITH A COMBINED ACCRUED VALUE OF $10,108.85 FOR PAYMENT OF $1,091.21, IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS VS. CAPRI INTERNATIONAL, INC., SPECIAL MAGISTRATE CASE NOS. CENA20120012920, CENA20120012922, CENA20120012918, CENA20130003493, CENA20130003492, CENA20130003495, CENA20130007036, CENA20130007231, CENA20130007218 AND CENA20130007230, RELATING TO PROPERTY KNOWN AS 1410 MARION LANE, COLLIER COUNTY, FLORIDA — PARTIAL RELEASE IS FOR A DIFFERENT PROPERTY WHICH CONTAINS NO CODE VIOLATIONS OWNED BY THE SAME COMPANY, CAPRI INTERNATIONAL, INC. Item#16A 15 THE RELEASE OF THREE CODE ENFORCEMENT LIENS WITH A COMBINED ACCRUED VALUE OF $531,150 FOR PAYMENT OF $450, IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. PALM LAKE, LLC., CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20090017229 AND CODE ENFORCEMENT BOARD CASE NOS. CENA20100002928 AND CEV20100003082, RELATING TO PROPERTY LOCATED AT 3131 TAMIAMI Page 247 March 24, 2015 TRAIL EAST, COLLIER COUNTY, FLORIDA — CENA20100002928 WAS BROUGHT INTO COMPLIANCE ON MARCH 18, 2014, CEPM20090017229 ON MAY 3, 2011 AND CEV20100003082 ON MARCH 18, 2014 Item #16A16 RESOLUTION 2015-53: A SECOND AMENDMENT TO JOINT PARTICIPATION AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND COLLIER COUNTY TO RECEIVE REIMBURSEMENT FOR CONSTRUCTION SERVICES ON THE FDOT RESURFACING PROJECT ON SR951 FROM FIDDLER'S CREEK PARKWAY TO SOUTH OF SR 90, ALONG WITH THE COUNTY'S US-41 AND SR/CR-951 INTERSECTION PROJECT; A RESOLUTION MEMORIALIZING THE BOARD'S ACTION; AND THE NECESSARY BUDGET AMENDMENT; PROJECT #60116 Item #16A17 RESOLUTION 2015-54: A REVISED LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, IN PLACE OF A PREVIOUS VERSION ORIGINALLY APPROVED BY THE BOARD SEPTEMBER 9, 2014, WHEREIN COLLIER COUNTY WILL BE REIMBURSED UP TO $491,322 FOR CONSTRUCTION OF VARIOUS SIDEWALKS IN GOLDEN GATE CITY (20TH CT. SW, 46TH TERR. SW AND 48TH ST. SW). THE PRIMARY REVISION CHANGES THE GRANT EXPIRATION AND CONSTRUCTION COMPLETION DATE FROM DECEMBER 31, 2017 TO NOVEMBER 22, 2016, WITH NO CHANGE IN THE AMOUNT Page 248 March 24, 2015 OF THE AWARD — SCHEDULED TO BEGIN FALL 2015 Item #16A18 A "DEPOSIT ACCOUNT AGREEMENT" WITH THE COLLIER COUNTY CLERK OF COURTS (CLERK) TO ESTABLISH AND MAINTAIN A DEPOSIT ACCOUNT USED FOR PAYMENT TO RECORD NOTICES OF COMMENCEMENT BY THE CLERK THAT HAVE BEEN ELECTRONICALLY FORWARDED BY COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT STAFF AS A CONVENIENCE TO ITS BUILDING PERMIT CUSTOMERS — IT IS ANTICIPATED THAT THE NOC CONVENIENCE FEE REVENUES COLLECTED WILL BE OFFSET BY THE COSTS OF PROVIDING THE SERVICE Item #16A19 AN AMENDMENT TO THE PROMOTIONAL FUND GRANT AWARD AGREEMENT, MODIFYING THE COMPLETION DATE TO OCTOBER 31, 2015 FOR THE COUNTY'S CONSTRUCTION OF ARTIFICIAL REEFS AND THE CHAIRMAN TO SIGN THE AMENDED AGREEMENT — ADDITIONAL TIME IS NEEDED TO COMPLETE THE MINIMUM AMOUNT OF 6000 TONS OF ARTIFICAL REEF MATERIAL AS STATED IN THE GRANT Item #16C1 A $340,537 WORK ORDER TO QUALITY ENTERPRISES USA, INC., UNDER REQUEST FOR QUOTATION #14-6213-21 FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR Page 249 March 24, 2015 THE WASTEWATER PUMP STATION 104.05 REHABILITATION PROJECT, PROJECT NUMBER 70046 — LOCATED ON MILL POND CIRCLE WITHIN THE EMERALD LAKES COMMUNITY Item #16C2 A $468,196 WORK ORDER TO DOUGLAS N. HIGGINS, INC., UNDER REQUEST FOR QUOTATION #14-6213-22 FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR THE WASTEWATER PUMP STATION 151 .00 REHABILITATION PROJECT, PROJECT NUMBER 70046; AND THE NECESSARY BUDGET AMENDMENT — LOCATED ON BENT TREE LANE SERVICING THE STONEBRIDGE COMMUNITY (PREVIOUSLY SOUTH HAMPTON) Item #16C3 A $495,140.95 WORK ORDER TO QUALITY ENTERPRISES USA, INC., UNDER REQUEST FOR QUOTATION #14-6213-23 FOR UNDERGROUND UTILITY CONTRACTING SERVICES FOR THE WASTEWATER PUMP STATION 147.00 REHABILITATION PROJECT NUMBER 70046; AND THE NECESSARY BUDGET AMENDMENT — LOCATED WITHIN KENSINGTON GOLF AND COUNTRY CLUB Item #16D1 A BUDGET AMENDMENT RECOGNIZING RECOVERY OF COUNTY FUNDS IN CONNECTION WITH A CLAIM INVOLVING A COLLIER AREA TRANSIT BUS SHELTER — Page 250 March 24, 2015 DAMAGE FROM AN AUTO ACCIDENT ON THE WEST SIDE OF AIRPORT ROAD, JUST NORTH OF ARDISIA LANE Item #16D2 A REVISED FEDERAL TRANSIT ADMINISTRATION SECTION 5339 FY2013/2014 APPLICATION FOR FEDERAL ASSISTANCE AND TRANSMITTAL TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) — CORRECTING A SCRIVENER'S ERROR ON THE APPLICATION FOR FEDERAL ASSISTANCE Item #16D3 EXECUTION OF THE 2013/2014 FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE FUNDS GRANT AWARD FOR THE PURCHASE AND INSTALLATION OF BUS SHELTERS IN THE AMOUNT OF $294,000 AND APPROPRIATE A BUDGET AMENDMENT — FOR THE INSTALLATION OF UP TO 24 SHELTERS WITH A 20% MATCH REQUIRED Item #16D4 EXECUTION OF THE 2014/2015 FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE FUNDS GRANT AWARD FOR THE PURCHASE AND INSTALLATION OF BUS SHELTERS IN THE AMOUNT OF $287,124 AND APPROPRIATE A BUDGET AMENDMENT — FOR THE INSTALLATION OF UP TO 12 SHELTERS AND REQUIRES A 20% MATCH Item #16D5 Page 251 March 24, 2015 A STANDARD DONATION AGREEMENT THAT ALLOWS MARCO A. ESPINAR TO DONATE A 2.26 ACRE PARCEL ALONG WITH A MANAGEMENT ENDOWMENT OF $8,802.70 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 — FOLIO #39493200103 LOCATED IN RED MAPLE SWAMP PRESERVE IN NORTH GOLDEN GATE ESTATES Item #16D6 A BUDGET AMENDMENT RECOGNIZING $29,128.43 OF STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM (SHIP) PROGRAM INCOME FOR FISCAL YEAR 2013/2014 — EARNED FROM MAY 1, 2014 THROUGH JUNE 30, 2014 FROM INTEREST AND LOAN REPAYMENTS Item #16D7 A SUBSTANTIAL AMENDMENT TO THE FY2013-2014 AND FY2014-2015 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL ACTION PLANS AUTHORIZING COMMUNITY AND HUMAN SERVICES STAFF TO ADMINISTER A RENTAL ASSISTANCE PROGRAM TO PREVENT HOMELESSNESS USING EMERGENCY SOLUTIONS GRANT FUNDS IN THE AMOUNT OF $96,226 AND APPROVE NECESSARY BUDGET AMENDMENTS — AS Page 252 March 24, 2015 DETAILED IN THE EXECUTIVE SUMMARY Item#16D8 RESOLUTION 2015-55: SUBMITTAL OF AN AFTER-THE-FACT GRANT APPLICATION FOR $516,816 TO FUND THE EXPANSION OF THE IMMOKALEE SPORTS COMPLEX FITNESS CENTER THROUGH THE FY2015-2016 HOUSING AND URBAN DEVELOPMENT (HUD) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) —NO MATCH REQUIRED, HOWEVER PARKS AND RECREATION IS MATCHING $24,353 FOR PROJECT ADMINISTRATION Item #16E1 CORRECTING A SCRIVENER'S ERROR IN THE REQUEST FOR A FIRST YEAR TAX LEVY FOR THE FIDDLER'S CREEK MUNICIPAL RESCUE AND FIRE SERVICES MSTU, WHICH SHOULD HAVE READ "2015 TAX YEAR" RATHER THAN "2016 TAX YEAR" Item #16E2 INTERLOCAL AGREEMENT BETWEEN COLLIER COUNTY AND THE SHERIFF OF BROWARD COUNTY, DEPARTMENT OF FIRE RESCUE AND EMERGENCY SERVICES FOR MUTUAL AID SERVICES — MUTUALLY ADVENTAGEOUS WITH THE OPENING OF THE ALLIGATOR ALLEY PUBLIC SAFETY CENTER TO PROVIDE EQUIPMENT AND/OR MANPOWER IF NEEDED TO HELP CONTROL EMERGENCIES OR AID IN THE RESCUE OF PERSONS Page 253 March 24, 2015 Item #16E3 — Continued (Per Agenda Change Sheet) AWARD RFP #14-6307 "ANNUAL CONTRACT FOR GENERAL CONTRACTORS SERVICES" TO THE FOLLOWING FIRMS: BRADANNA, INC., SURETY CONSTRUCTION COMPANY, WRIGHT CONSTRUCTION GROUP, INC., PBS CONTRACTORS, AND COMPASS CONSTRUCTION, INC Item #16E4 REMOVE THE GOODLAND FIRE DISTRICT MSTU FROM CONSIDERATION AS AN ALTERNATIVE PROVISION FOR FIRE SERVICE — A REQUEST BY MARCO ISLAND FIRE DEPARTMENT Item #16F1 TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDING TO SUPPORT THE PRO WATERCROSS WORLD CHAMPIONSHIPS SEPTEMBER 19-28, 2015, AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT AND MAKE A FINDING THIS EXPENDITURE PROMOTES TOURISM — WILL BE HELD AT LAKE AVALON IN SUGDEN PARK Item #16F2 RESOLUTION 2015-56: AMENDING AND RESTATING RESOLUTION 2015-36 IN SUPPORT OF PROSPECT #15-011, AS A QUALIFIED APPLICANT TO FLORIDA'S QUALIFIED TARGET INDUSTRIES (QTI) TAX REFUND PROGRAM, PROVIDING UP TO $48,000 OF LOCAL FINANCIAL SUPPORT Page 254 March 24, 2015 FOR THE EXPANSION OF AN EXISTING BUSINESS MANAGEMENT FIRM IN COLLIER COUNTY THAT WILL CREATE 40 NEW QUALITY JOBS, AND APPROVE ANY BUDGET AMENDMENTS NECESSARY TO PROCESS THIS TRANSACTION — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F3 RESOLUTION 2015-57: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Item #16F4 — Moved to Item #11B (Per Commissioner Henning during Agenda Changes) Item #16G1 FIRST AMENDMENT TO A COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND CAREER FLIGHT TRAINING AND AIRCRAFT RENTAL, INC., AT THE MARCO ISLAND EXECUTIVE AIRPORT — CORRECTING THE SQUARE FOOTAGE OF THE OFFICE SPACE AND ADDING A STANDARD PROVISION FOR LATE PAYMENT FEES Item #16H1 RESOLUTION 2015-58: APPOINTING RONALD KEZESKE TO THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY FOR A Page 255 March 24, 2015 FOUR YEAR TERM TO EXPIRE ON MARCH 24, 2019 Item #16H2 RESOLUTION 2015-59: APPOINTING BARBARA BELL TO THE FOREST LAKES ROADWAY AND DRAINAGE MSTU ADVISORY COMMITTEE TO A FOUJR YEAR TERM EXPIRING ON APRIL 21, 2019 Item #16H3 RESOLUTION 2015-60: APPOINTING ANDREW J. DEAN (TO FILL A VACANT TERM EXPIRING JUNE 12, 2017) AND ROBERT R. JONES (TO A FOUR YEAR TERM EXPIRING ON APRIL 13, 2019 TO THE INDUSTRIAL DEVELOPMENT AUTHORITY Item #16H4 (Withdrawn during Agenda Changes) RESOLUTION 2015-61 : RE-APPOINTING JULIO ESTREMERA, MICHAEL FACUNDO, FRANK NAPPO, CRISTINA PEREZ, JAMES WALL AND CARRIE WILLIAMS TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY Item #16H5 RESOLUTION 2015-62: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST THAT THE FLORIDA LEGISLATURE SUPPORT THE FUNDING REQUEST FOR THE UNIVERSITY OF FLORIDA INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES EXTENSION SERVICES AND Page 256 March 24, 2015 RESEARCH AND EDUCATION CENTERS, IN SUPPORT OF LOCAL, REGIONAL, AND STATEWIDE ECONOMIC DEVELOPMENT AND AGRIBUSINESS INDUSTRY, AND TO DELIVER THE RESOLUTION TO THE COLLIER COUNTY LEGISLATIVE DELEGATION AND OTHER ELECTED STATE OFFICIALS Item #16J1 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF MARCH 5 THROUGH MARCH 11, 2015 Item #16J2 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF MARCH 12 THROUGH MARCH 18, 2015 Item #16K1 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $14,000 FOR PARCEL 232DAME IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN LESPADE, ET AL., CASE NO. 14- CA-2316 (LASIP PROJECT NO. 51101 — CREWS ROAD, COPE LANE AND SANDY LANE/WING SOUTH INTERCONNECT). (FISCAL IMPACT $7,270) — TAKEN FOR A DRAINAGE, ACCESS AND MAINTENANCE EASEMENT Page 257 March 24, 2015 Item #16K2 TENTATIVE SETTLEMENT AGREEMENTS, IN THE CASE STYLED COLLIER COUNTY V. VINEYARDS DEVELOPMENT CORPORATION, DEBRA LEE GOGAN, AMELIA SOSA, AND ASTRID RAMIREZ, WHICH REQUIRE DEFENDANTS TO COLLECTIVELY REIMBURSE THE COUNTY FOR THE FULL AMOUNT OF DAMAGES, PLUS ADMINISTRATIVE COSTS, TOTALING $26,800 — FOR DAMAGES TO A COUNTY CONTROL BOX DURING A VEHICLE COLLISION ON OCTOBER 29, 2013 Item #17A RESOLUTION 2015-63: PETITION VAC-PL20140002643 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 20-FOOT UTILITY AND DRAINAGE EASEMENT RUNNING THROUGH THE BACK YARD OF LOT 10, RIVIERA COLONY GOLF ESTATES, UNIT IV, AS RECORDED IN PLAT BOOK 17, PAGES 88 AND 89 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 18, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA Item #17B ORDINANCE 2015-24: AMENDING ORDINANCE NO. 89-11, ADDING CRITERIA SPECIFICALLY FOR "KEY ISLAND" TO PROVIDE FOR CONSISTENCY IN ACTIVITIES ALLOWABLE BY LOCAL LAW AND FLORIDA ADMINISTRATIVE CODE Page 258 March 24, 2015 Item #17C RESOLUTION 2015-64: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Page 259 March 24, 2015 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:17 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TIM NANCE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK _latest as tb:Cha an's siOnative only. These minutes app by the Board on 1.4 lab I/ as presented rove or as corrected Transcript prepared on behalf of Gregory Court Reporting, Incorporated by Cherie' R. Nottingham, CSR. Page 260