Loading...
BCC Minutes 06/23/2015 R BCC REGULAR MEETING MINUTES June 23, 2015 June 23, 2015 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 23, 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 Georgia Hiller Tom Henning Penny Taylor 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, Television Operations Manager Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority /, r atoms► -� AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 June 23, 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. PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF Page 1 June 23, 2015 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. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. 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. May 26, 2015 - BCC/Regular Meeting Minutes C. June 2, 2015 - BCC/Fire Service Proposal Workshop Page 2 June 23,2015 3. SERVICE AWARDS A. 20 Year Attendees 1) Carolann Adams, Library 2) Jose Sanchez, Landscape Operations B. 25 Year Attendees 1) Bob DeCamp, Parks & Recreation 2) Dan Rodriguez, Solid & Hazardous Waste 3) Peter Schalt, Public Utilities Engineering C. 30 Year Attendees 1) Bill Lorenz, Engineering & Natural Resources 2) Kathryn Nell, County Attorney's Office 3) Ray Ognibene, Water D. 35 Year Attendees 1) Ron Jamro, Museum 4. PROCLAMATIONS A. Proclamation recognizing the Brotherhood Ride Organization and the 29 firefighters and law enforcement officers who rode bicycles from Naples to Tallahassee to honor emergency responders who have fallen in the line of duty. To be accepted by Lieutenant Jeff Morse of the North Collier Fire Control and Rescue District. B. Proclamation recognizing 2015 as "Victory Florida Year," marking the 70th Anniversary of the end of World War II. To be accepted by Her Majesty's Consul General in Miami, Consul General Prodger, Lois A. Bolin, Reg Buxton, and Diane van Parys. Page 3 June 23,2015 C. Proclamation designating June 23, 2015 as Franny Kain and Fun Time Early Learning Academy Day, in recognition of contributions made by Franny Kain as Executive Director of Fun Time Early Childhood Academy, and in recognition of Fun Time Early Childhood Academy for their contributions to the community. To be accepted by Franny Kain, Executive Director of Fun Time Early Childhood Academy. 5. PRESENTATIONS A. Recommendation to recognize Marisa Cleveland, Operations Analyst, Growth Management Department as Employee of the Month for May 2015. B. Presentation of the mission, vision and goals of the Multicultural Community Advisory Alliance (MCAA). To be presented by members of the MCAA. (Commissioner Fiala) 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA 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. Recommendation to consider an Ordinance Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One — General Provisions, including Section 1.08.02 Definitions; Chapter Five — Supplemental Standards, including Section 5.05.05 Automobile Service Stations, more specifically to establish site design standards for facilities with fuel pumps and to allow facilities with fuel pumps with 8 or more fuel pumps and within 250 feet of residential property to seek approval through a conditional use Page 4 June 23,2015 hearing; Section 5.05.08 Architectural and Site Design Standards; Section 5.05.11 Carwashes Abutting Residential Zoning Districts; Section Three, Conflict And Severability; Section Four, Inclusion in the Collier County Land Development Code; and Section Five, Effective Date. B. Recommendation to consider an Ordinance Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Adoption of Amendments to the Land Development Code, more specifically amending Chapter 2 - Zoning Districts And Uses, including Section 2.03.09 Open Space Zoning Districts, to add golf maintenance buildings as a new accessory use within the golf course zoning district; Chapter 4 - Site Design and Development Standards, including Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, to establish setback requirements for golf clubhouse and maintenance buildings on waterfront lots and golf course lots in zoning districts other than Rural Agricultural and Estates; Section Three, Conflict and Severability; Section Four, Inclusion in the Collier County Land Development Code; and Section Five, Effective Date. 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to direct the County Manager to plan for sea level rise in Collier County. (Commissioner Fiala) B. Recommendation to direct the County Attorney to investigate and, if appropriate, file a lawsuit against H.O.M.E. as well as its executives and directors for the amount of$427,472.42 plus lawsuit costs for the mismanagement of CDBG funds issued to Collier County. (Commissioner Henning) 11. COUNTY MANAGER'S REPORT A. Recommendation to approve the award of Invitation To Bid #15-6455, Freedom Memorial Monument, to Gates Construction in the amount of $1,377,971 and authorize the Chairman to sign the contract; delegate to the County Manager or his designee the authority to carry out administrative and ministerial actions necessary to implement the Board's direction during the Board's absence; and to authorize the necessary Budget Amendments. (Len Page 5 June 23, 2015 Price, Administrative Services Administration) B. Recommendation to award Invitation to Bid (ITB) #15-6459 to DeAngelis Diamond Construction, in the amount of$1,545,626 for the construction of (EMS) Emergency Medical Station No. 76, and authorize the Chairman to execute the attached contract. (Len Price, Administrative Services Administrator) C. This item continued from the June 9, 2015 BCC Meeting. Recommendation to adopt a resolution establishing the Ave Maria Innovation Zone to attract and retain qualified targeted industry businesses in the defined unincorporated area of Collier County. (Bruce Register, Office of Business and Economic Development Director) D. Recommendation to adopt Affordable/Workforce Housing Population Based Index Model Methodology, reinstate the suspended Impact Fee Deferral Program for single family residences, and retain previously approved density bonus units in Planned Unit Developments, and direct staff to bring back parameters on Gap Housing. (Kimberley Grant, Community and Human Services) E. Recommendation to award Invitation to Bid #15-6379 Collier Area Transit (CAT) Facility Improvements - Phase II for construction of improvements at the Collier Area Transit Administration and Operations Facility, to DEC Contracting Group, Inc., in the amount of$1,454,508.67 and authorize the Chairman to sign the attached contract. (Michelle Arnold, Public Transportation Division Director) F. Recommendation to award Request for Proposal #14-6307, Annual Contract for General Contractor Services to the following five firms: Bradanna, Inc., Surety Construction Company, PBS Contractors, Wright Construction Group, Inc., and Compass Construction, Inc. (Len Price, Administrative Services Administrator) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 6 June 23, 2015 A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule 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 and sewer utility facilities for Cordoba at Lely Resort, PL20110001984 and authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Lantana (f/k/a Vita Tuscana), PL20130000108 and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Turnbury Preserve, PL20130002084, and authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Aqua Pelican Isle Yacht Club, PL20110002089, and authorize the County Manager or his designee to release a Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$50,207.15 to the Project Engineer or Developer's Page 7 June 23,2015 designated agent. 5) Recommendation to approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement (Agreement) between Collier County and the LaMorada at Naples Master Association, Inc. for a landscape improvements within the Woodcrest Drive right-of-way. 6) Recommendation to approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement (Agreement) between Collier County and the Bent Creek Preserve Homeowner's Association, Inc. for a landscape improvements within the Woodcrest Drive right-of-way. 7) Recommendation to approve an Amendment to the Developer Agreement (DA) between Citygate Development, LLC, 850 NWN LLC, and CG II, LLC (Developer) and Collier County (County) to design, permit and construct a portion of City Gate Boulevard North to preserve the future Wilson/Benfield transportation corridor. 8) Recommendation to accept a proposal from CB&I Coastal Planning & Engineering dated June 9, 2015 for Collier County 2015 Hardbottom Biological Monitoring, approve a work order under Contract #15-6382 for a not to exceed amount of$163,112.20, authorize the County Manager or his designee to execute the Work Order, authorize necessary budget amendment and make a finding that this item promotes tourism. (Project No. 90033) 9) Recommendation to approve the release of(3) code enforcement liens with a combined accrued value of$17,718.57 for payment of $4,768.57, in the code enforcement action entitled Board of County Commissioners v. Sidney John Hubschman, Code Enforcement Board Case No. CEPM20130019061 and Code Enforcement Special Magistrate Case Nos. CENA20130019057 and CENA20140016288, relating to property located at 2600 Coach House Lane, Collier County, Florida. 10) Recommendation to approve the release of a code enforcement lien Page 8 June 23,2015 with an accrued value of$347,269.89 for payment of$2,500, in the code enforcement action entitled Board of County Commissioners v. Fabian and Maria Luzardo, Code Enforcement Special Magistrate Case No. 2005010315, relating to property located at 1195 47th Avenue NE, Collier County, Florida. 11) Recommendation to approve Category "A" Tourist Development Council Grant applications from the City of Naples, the City of Marco Island and Collier County for FY-2015-2016 in the amount of $7,1 45,522; authorize the Chairman to sign Grant Agreements following County Attorney's approval; approve the 10-year capital planning document for Fund 195-Beach Renourishment and Pass Maintenance; and make a finding that these expenditures will promote tourism. 12) Recommendation to provide after-the-fact approval for the 2015 TIGER VII Discretionary Grant application, sponsored by the United States Department of Transportation, for the Collier Boulevard Corridor Improvement Project, in the amount of$33,400,000. 13) Recommendation to provide after-the-fact approval for the 2015 TIGER VII Discretionary Grant application sponsored by the United States Department of Transportation, for the Collier Community Streets and Infrastructure Project on Vanderbilt Drive, $16,145,000. 14) Recommendation to accept for maintenance five publicly dedicated alleyways located within the Gateway Triangle. Estimated cost $1,000. 15) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Maple Ridge Phase 3 Replat, Application Number PL20150000534. 16) 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 Legacy Estates, (Application Number 20140001803) approval of the standard form Construction Page 9 June 23,2015 and Maintenance Agreement and approval of the amount of the performance security. (Companion to Item #16D5) 17) Recommendation to approve the Collier Metropolitan Planning Organization's (MPO) Operating Budget for FY15/16 to recognize grant revenue of$499,791. 18) Recommendation to recognize FY15/16 Transportation Disadvantage Planning Grant funding in the amount of$25,941 to the Collier Metropolitan Planning Organization from the Commission for the Transportation Disadvantaged and to authorize the necessary budget amendment. 19) Recommendation to waive formal competition and approve "Cartegraph" for the work management system software licenses and annual maintenance for the Growth Management Department. 20) Recommendation to approve the Florida Department of Transportation (FDOT) FY 15/16 Work Order whereby FDOT provides compensation to Collier County for providing maintenance of FDOT owned Roadway Lighting Systems under the State Highway Lighting Maintenance, and Compensation Agreement. 21) Recommendation to review the April 2015 beach survey results and endorse a staff recommendation to not renourish Vanderbilt, Pelican Bay, Park Shore or Naples beaches in the Fall (November) of 2015. 22) Recommendation to approve a Resolution supporting the County's applications to Florida Department of Environmental Protection for Long Range Budget Plan Requests for Beach Renourishment Projects for Fiscal Year 2016/17. This action maintains the County's eligibility for State Cost Share Funding for future renourishment projects. 23) Recommendation to adopt a resolution authorizing the condemnation of those perpetual and temporary easement interests necessary for the construction of a replacement bridge on White Boulevard over the Cypress Canal. (Transportation Bridge Replacement Program Project No. 66066.) Estimated fiscal impact: $570,000. 24) Recommendation to (1) approve the removal of a Pathway Page 10 June 23,2015 Commitment and (2) accept a payment in lieu for certain transportation commitments with respect to the Arrowhead Preserve PUD Ordinance No. 2002-40, as amended. 25) Recommendation to approve Amendment to the Collier Metropolitan Planning Organization (MPO) Staff Services Agreement. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION 1) Recommendation to authorize advertising an Ordinance amending Ordinance No. 2005-54, which re-established two Municipal Benefit Units, known as Service District No. 1 and Service District No. 2, for the purpose of providing and regulating solid waste collection, disposal and administration, to provide alignment with the Franchise Agreements as amended, new procedures, clarifications, and administrative changes. 2) Recommendation to award Bid #15-6461 to Pantropic Power, Inc., in the amount of$357,569 to provide and install a rebuilt diesel generator engine at North County Regional Water Treatment Plant. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve the third substantial amendment to the NSP 1 Action Plan to add the resale provision and funding distribution language and the fourth amendment to the NSP 3 Action Plan removing the recapture provision and adding resale requirements. 2) Recommendation to award a work order to AECOM Technical Services, Inc., using the Annual Contract for Professional Services for Engineers and Architects Contract #13-6164, for the Clam Pass Park Concession Electrical Service Upgrade, approve budget amendment and make a finding that this expenditure promotes tourism. 3) Recommendation to approve and authorize the Chairman to execute the attached time extension to Contract Number AQQ85, Joint Participation Agreement with Florida Department of Transportation Page 11 June 23,2015 under the State Transit Service Development Program, to provide funding to make necessary improvements to bus stops in accordance with The Americans with Disabilities Act. 4) Recommendation to approve the FY 2016-2025 Collier County Transit Development Plan Ten-Year Major Update. 5) Recommendation to approve a standard Donation Agreement that allows JD DEVELOPMENT 1 LLC, a foreign limited liability company, to donate a 1.14 acre parcel along with a management endowment of$4,440.30 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. (Companion to Item #16A16) 6) Recommendation to approve a substantial amendment to the U.S. Department of Housing and Urban Development Community Development Block Grant FY2014-2015 Annual Action Plan and approve Amendment No. 2 with the David Lawrence Mental Health Center to reduce agreement allocation and beneficiaries and update language. 7) Recommendation to accept an extension to expenditure deadline on Fiscal Year 2011/2012 SHIP funding granted from the Florida Housing Finance Corporation for the State Housing Initiatives Partnership (SHIP) program. 8) Recommendation to recognize interest earnings on advanced library funding received from the Florida Department of State in order to support library services and equipment for the use of Collier County residents in the amount of$629.54 and approve the necessary budget amendments. 9) Recommendation to require the Rock Road Municipal Service Taxing Unit (MSTU) to continue to maintain a one mile segment of Rock Road after being paved and continuing through and until the County financed loan of$285,000 is satisfied by the MSTU. Page 12 June 23,2015 10) Recommendation to approve and authorize the Chairman to sign Amendment No. 3 to the Agreement with the Department of Children and Families for the Criminal Justice Mental Health Substance Abuse Grant, amendments to the two corresponding sub-agreements with the David Lawrence Center and the Collier County Sheriffs Office, accept the termination of the associated NAMI of Collier County agreement; and approve the amended grant budget and application. 11) Recommendation to approve a Resolution superceding Resolution 2014-141, which established the Collier Area Transit (CAT) Advertising Policy, Standards and Rate Schedule and approve an advertising agreement, terms and conditions and package rates. 12) Recommendation to authorize the Parks and Recreation Division and the Operations and Veteran's Services Division to establish a program in support of the "Warrior Health and Fitness Challenge." 13) Recommendation to accept the Conservation Collier 2014 Annual Report. 14) Recommendation to approve the Five-year update of the Final Management Plan for Conservation Collier Alligator Flag Preserve. 15) Recommendation to approve a temporary signage program during the 2015 summer break to place temporary YMCA/CAT signs on select CAT bus stop poles. 16) Recommendation to adopt a resolution approving the expenditure of funds and other incentive activities and incentive prizes associated with Staff and authorizing waiver of the entrance fee to Sun-N -Fun to all participants of the 2015 United Way Walk. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve and authorize the Chairman to sign an Assumption Agreement from the original party Vision Internet Providers, Inc., to Vision Technology Solutions, LLC d/b/a Vision Internet Providers as it relates to Contract #14-6249 "Collier County Website and e-Procurement Bidding System Hosting and Maintenance." Page 13 June 23, 2015 2) Recommendation to award Invitation to Bid (ITB) #15-6375R, Ambulance Pharmaceutical Refrigerators to Mermaid Manufacturing of Southwest Florida, Inc. 3) Recommendation to recognize and appropriate revenue for Special Services to the Facilities Management Division Cost Center and approve any necessary Fiscal Year 2014-2015 Budget Amendments. 4) Recommendation to approve a Budget Amendment to recognize and appropriate revenue funds in an amount up to $8,200 for repairs to Rescue Boat 80. 5) Recommendation to waive competition for Wesco Turf as a sole source vendor to exceed $50,000 spending limit for Fleet Management parts/service. 6) Recommendation to approve and execute a Third Amendment to Lease Agreement with Goodwill Industries of Southwest Florida, Inc. for continued use of the Roberts Center for the Seniors Nutrition Program. 7) Recommendation to approve and authorize the Chairman to sign State-Funded Subgrant Agreement 16-BG-83-09-21-01-011 accepting a Grant award totaling $105,806 from the Florida Division of Emergency Management for emergency management program enhancement and approve the associated budget amendment. 8) Recommendation to approve a Federally Funded Subgrant Agreement to accept the annual Emergency Management Performance Grant (EMPG), in the amount of$103,468 for emergency management planning, response, and mitigation efforts and to authorize the necessary budget amendment. 9) Recommendation to approve a licensing agreement with DeAngelis Diamond, LLC, to allow the use of county-owned real property on a short-term basis for construction vehicle parking. F. COUNTY MANAGER OPERATIONS 1) Recommendation to confirm the appointment of Mr. David Wilkison Page 14 June 23,2015 to the position of Growth Management Department Head. 2) Recommendation to approve a Tri-Party Developer Contribution Agreement with Parklands Associates I, LLLP, and The District School Board of Collier County to allow Parklands Associates I, LLLP to convey a 15-acre parcel within the Parklands RPUD for use as an elementary school site in exchange for Educational Impact Fee credits in the sum of$2,050,000, which exchange is in accordance with the Developer commitments set forth in the RPUD document, and which sum represents appraised fair market value of the parcel. 3) Recommendation to accept the sixth annual report on the "Impact Fee Program for Existing Commercial Redevelopment" and approve a resolution extending the Program to July 1, 2016, based on the continuing interest in the Program. 4) Recommendation to award RFP #15-6397 for Environmental & Biological Studies to Turrell, Hall & Associates, Inc., Earth Tech Environmental, LLC, Kevin Erwin Consulting Ecologist, Inc., Passarella & Associates, Inc., and CB&I Environmental & Infrastructure, and authorize the Chairman to execute the County Attorney approved contracts. 5) Recommendation to award RFQ #15-6434, Web Based Destination Management System, for a database software system to Internet Destination Sales System Global, LLC (iDSS) and authorize the Chairman to execute the County Attorney approved contract and make a finding that this action promotes tourism. 6) Recommendation to award RFQ #15-6433, Production of the Tourism Guide, to Miles Media Group, LLLP and authorize the Chairman to execute the County Attorney approved contract and make a finding that this action promotes tourism. 7) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. 8) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) Page 15 June 23,2015 to the Fiscal Year 2014-15 Adopted Budget. 9) Recommendation to approve Tourist Development Tax Category `B" funding to support upcoming FY 15 Sports Events up to $47,200 and make a finding that these expenditures promote tourism. 10) Recommendation to approve the Tourism Division's acceptance of grant reimbursement funds from Visit Florida for Medical Meetings marketing in the total amount of$28,476 and make a finding that this item promotes tourism. 11) Recommendation to approve a Second Amendment to the Grant Agreement with the State of Florida Department of Economic Opportunity for funding assistance for the County's Soft Landing Business Accelerator Project to extend the due dates of the remaining deliverables for a period of one year. 12) Recommendation to approve the Second Amendment to the Agreement between Economic Incubators, Inc. and the Board of County Commissioners. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to reappoint two members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. 2) Recommendation to appoint a member to the Development Services Advisory Committee. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners provide after the fact approval for the Sheriff's Office FY 2016-2019 COPS Hiring Program grant. 2) Recommendation that the Board of County Commissioners provide Page 16 June 23,2015 after the fact approval for the Sheriff's Office FY 2016 COPS Anti- Gang Initiative (CAGI) Program grant. 3) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of June 4 through June 10, 2015. 4) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of June 11 through June 17, 2015. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment in the amount of$15,000 in full settlement of all claims for compensation, damages, attorney fees and expert witness costs for the taking of Parcel 250DAME for construction of the Sandy Lane segment of the Lely Area Stormwater Improvement Project (LASIP), Project No. 51101. (Fiscal Impact: $9,414) 2) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment to be drafted with the same terms and conditions, in the total amount of$684,815 for the acquisition of Parcel 101 in the lawsuit styled Collier County v. Naples Estates Limited Partnership, et al., Case No. 06-CA-1213 and approve the hiring of Hole Montes, Inc. to seek approval of a post take cure plan. (County Barn Road Project No. 60101) (Est. Fiscal Impact: $403,515) 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. Page 17 June 23, 2015 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 an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Rural Agricultural Zoning District (A), and a Rural Agricultural Zoning District with an ST Overlay (A-ST), to a Residential Planned Unit Development (RPUD) Zoning District to allow up to 61 dwelling units for a project to be known as the Lido Isles RPUD on property located on the east side of Collier Boulevard at 9130 and 9198 Collier Boulevard in Section 11, Township 50 South, Range 26 East, Collier County, Florida consisting of 24.32± acres; and by providing an effective date. [PUDZ-PL20140000393] B. Recommendation to approve an Ordinance adopting the Florida Building Code Fifth Edition (2014) to become effective on June 30, 2015, and incorporate existing local amendments, exemptions and the current County wind maps, and providing for repeal of Ordinance No. 2012-14 in its entirety. C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20140001887 to disclaim, renounce and vacate County and public interest in a portion of 15th Street as shown on the plat of Eastover, Plat Book 1 Page 97, of the Public Records of Collier County, Florida, located in Section 3, Township 47 South, Range 29 East, Immokalee, Collier County, Florida. D. This item has been continued to the July 7, 2015 BCC Meeting. Recommendation to execute the proposed Mediated Settlement Agreement and Integration Agreement, which integrates Orange Tree Utility Company water and wastewater systems into the Collier County Water-Sewer District, to provide water and wastewater utilities to Orange Tree Utility customers pursuant to the May 28, 1991 Agreement, as amended, between Orange Tree Utility Company, Orangetree Associates and the Board of County Commissioners of Collier County; accept the Staff Report dated June 23, 2015 pursuant to Section 124.3401, Florida Statutes; approve existing Orange Tree Utility contracts and agreements with vendors and suppliers as Page 18 June 23, 2015 those of Collier County; approve 9 Full Time Equivalent positions; approve a Resolution changing the District boundaries; and approve inclusion of the proposed budget in the FY16 Collier County Water-Sewer District Budget. E. Recommendation to approve an Amendment to the Collier County Purchasing Ordinance. (Ordinance Number 2013-69) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 19 June 23, 2015 June 23, 2015 MR. OCHS: Mr. Chairman, you have a live mic. Ladies and gentlemen, please take your seats. CHAIRMAN NANCE: Good morning, ladies and gentlemen. Welcome to the Collier County Board of County Commission meeting of June the 23rd. At this time, in order to help us have a nice meeting, please, I will ask you to silence all your devices so they're not making noise during the meeting. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE - GIVEN BY PASTOR JIM THOMAS — EAST NAPLES UNITED METHODIST CHURCH CHAIRMAN NANCE: At this time I would like to introduce Pastor Jim Thomas from the East Naples United Methodist Church who will deliver our invocation. Please rise for the invocation and join us in the pledge. PASTOR THOMAS: May we pray. Dear Heavenly Father, we come to you this morning asking for the help of the spirit as we offer our prayer in your name. Lord, we come to you this morning asking for guidance and direction. So often in life, Dear Lord, we see us as us and them. May we try to -- not try to overwhelm them but to overcome differences, to tear down the walls that divide us and to see that we are all us, that we are all your children, and may you give us the help we need in order to help us to work together for the benefit of all. Lord, we ask for your guidance served in direction in all things. We ask that you help us to be the people that you want us to be. And we thank you, Dear Lord, for your many blessings, and we Page 2 June 23, 2015 thank you for carrying us through our times of trouble. And we pray this humbly in your name, amen. (The Pledge of Allegiance was recited in unison.) CHAIRMAN NANCE: At this time, and in contemplation of the horrific tragedies in Charleston, South Carolina, we're joined this morning by Pastor Lonnie Mills from the Macedonia Baptist Church and Mr. Harold Weeks, the President of the Collier County NAACP. I would ask them at this time to please come forward and give us a few remarks regarding the horrific situation. MR. WEEKS: I bow to my elders. PASTOR MILLS: Thank you. Good morning. I'd like to say this morning, we are living in a dangerous time right now. We need to understand that we are all people. We need to understand that tragedies is going to happen. We need to understand a way to helm tragedies when it happen. It can happen to anyone. What I look at this time, at the thing that happened in Charleston, South Carolina. It has come close, come close to home. It has left the streets. It has come to the church. Church is supposed to be a safe haven where we can come together for spiritual growth. And what I need all of us to do today is to don't be so quick to judge, but let us pray for one another. And even the young man that did the shooting, let's pray that he will be safe. He needs to be saved. His soul needs to be saved. What happened there can happen right here. But let us, as a community, come together and know that these things happen, but we do have a way out, and that way is to seek he first the kingdom of God and his righteousness, and all these things will be added unto you. And that I would like to do this, Father God, in the name of Jesus, we thank you for this time, for this time together. Bring our minds together, bring our hearts together. Let us be able to do business in a business way. Let us realize that all of us are your children's, and Page 3 June 23, 2015 there is no difference, but we all are your children's, and we thank you. Amen. CHAIRMAN NANCE: Thank you, Pastor Mills. Mr. Weeks. MR. WEEKS: Thank you, Pastor Mills. To segue off that a little bit, I'm Harold Weeks, President of the Collier County branch of the NAACP. Good morning, Commissioners. COMMISSIONER FIALA: Good morning, Mr. Weeks. COMMISSIONER TAYLOR: Good morning. MR. WEEKS: When Commissioner Taylor invited me to say a few words about the recent slayings of nine parishioners in Charlotte, South Carolina, I was really at a loss for words, what to say. I do send my condolences, and all the members of my branch, to the families and friends of each of the nine Bible worshipers that lost their lives prematurely at the hands of the hate-filled young man Dylann Roof I commend the church for seeking forgiveness of such a heinous crime. I, myself, find it hard to be so forgiving. It's really tough. African Americans have forgiven such crimes before from hangings to church bombings and the death of young innocent girls. Let us not forget the assassinations of forgiving souls like Dr. Martin Luther King and Medgar Evers and others. African Americans have endured inexcusable horrors through these many years to practice what they preach; forgiveness. You decide. Would you out there in the audience and those listening on TV have the forgiveness in your heart if a black man came among you and killed nine of your family and friends praying to your God? You decide. What I ask of those who do have hate in their heart and mind here in Collier County to keep it locked inside you. When you let this hate Page 4 June 23, 2015 erupt in public places, in the privacy of your social places, and the privacy of your homes, remember, little pictures have ears. They're the ones that will carry out the mission that you, yourself, cannot. Then you, too, shall suffer. I know the burning question out there is, will it happen in Collier County? You decide. Could it happen? Of course it can. One quick, sick -- one sick, unhappy creature is all this needed, and he or she can come from anywhere. Let's make sure he doesn't come to Collier County. Fortunately, many organizations, like the faith-based, your law enforcement agency, are working tirelessly to see that this does not happen. They need your help. When you hear hate-filled conversations, ethnic derogatory remarks, injustices practiced, unfairness and inequalities practiced, you decide; is this something you want to happen in your community? Thank you. CHAIRMAN NANCE: Thank you. Ladies and gentlemen, in contemplation of these remarks, please, let's bow our heads in a moment of silence for the victims and pray for all those affected. (A moment of silence was observed.) CHAIRMAN NANCE: Thank you very much. Mr. Ochs, will you take us through today's proposed agenda changes, please, sir. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) — MOTION TO APPROVE WITHOUT ITEM #17E — APPROVED AND/OR ADOPTED WITH CHANGES; MOTION Page 5 June 23, 2015 TO APPROVE ITEM #17E — ADOPTED MR. OCHS: Yes, sir. Good morning, Mr. Chairman, Commissioners. These are your proposed agenda changes for the Board of County Commissioners meeting of July -- excuse me -- June 23rd, 2015. The first proposed change is to move Item 16A16 from your consent agenda to become Item 9C under your advertised public hearing agenda. It's the recording of a final plat of Legacy Estates. The next proposed -- that is moved at Commissioner Hiller's request. The next proposed change is to move Item 17E from your summary agenda to become Item 9D under advertised public hearings, and this is a recommendation to approve an amendment to the Collier County purchasing ordinance. This request is made by Commissioner Taylor. The next proposed change is to move Item 16D15 from your consent agenda to become Item 11G under your regular agenda. This is a recommendation to approve temporary signage at selected CAT bus stops. That item is moved at Commissioner Henning's request. The next proposed change is to move Item 16D5 to Item 11H on the regular agenda. This is a companion item to the Legacy Estates final plat recording item. It's a donation agreement regarding off-site vegetation retention under your Land Development Code. The next proposed change is to move Item 16F6 from the consent agenda to become Item 11I on the regular agenda. It's a contract award for the production of your annual tourism guide. That item is moved at Commissioner Taylor's request. The next proposed change is to move Item 16F12 from your consent agenda to become Item 11J. It's an amendment to the agreement between the Economic Incubators, Incorporated, and the Page 6 June 23, 2015 Board relating to your Collier County Soft Landing Business Accelerator project. That item is moved at Commissioner Taylor's request. We have one add-on item this morning. That's Item 11 BK under County Manager. This is a recommendation for the Board to provide some guidance to the manager regarding payment of certain expenditures. We have a time-certain item today, Commissioners, at 4 p.m. That is the previously mentioned Item 9C, the final plat recording for Legacy Estates, and that item will be immediately followed by Item 11H. I also have a couple of agenda notes this morning. The first note has to do with Item 16A21. Commissioner Henning has proposed an additional component of the recommendation, and that is to direct staff to obtain a permit modification to renourish the Clam Pass Park beaches after the 15-year beach renourishment permit is issued from the Florida Department of Environmental Protection and the United States Army Corps of Engineers. And, again, that is made by Commissioner Henning, and the staff certainly appreciates that direction. The next agenda note is in regard to Item 16A25. There's an addition to the signature block. It was signed by your interim Collier MPO executive director, and the word "interim" was inadvertently left off of that amendment document, so we are adding that for the record. Item 16E5 has to do with a waiver of competition for certain fleet repairs for the Wesco Turf contract. Agenda note here is that fiscal year expenditures will not exceed $100,000 without Board approval. And, finally, Item 16F6, we wanted to note, as we indicated in your executive summary, that there would be a recommendation forthcoming from your Tourist Development Council on the production of the tourism guide and, in fact, the Tourist Development Page 7 June 23, 2015 Council recommended approval of this item by a vote of 5-1 at yesterday's meeting of June 22nd, 2015. So that's added to the record at staffs request. We traditionally have court reporter breaks at 10:30 a.m. and 2:50 p.m. And those are all the changes that I have this morning, Mr. Chairman. CHAIRMAN NANCE: Thank you. COMMISSIONER FIALA: I have a question. I had asked for a time-certain yesterday for the add-on item at 10:15. Is that not approved? MR. OCHS: Commissioner, I apologize. I inadvertently forgot to put that on. Do you want to hear that -- at what time, ma'am? COMMISSIONER FIALA: 10:15. COMMISSIONER HILLER: Which item is that? COMMISSIONER FIALA: That's the add-on item. CHAIRMAN NANCE: 11K. MR. OCHS: 11K. COMMISSIONER HILLER: 11K. CHAIRMAN NANCE: Let's talk about this a second. Let's have -- before we get into adding any time-certains, let us hear from the commissioners. Let's see if we have any additional agenda changes so I can sort this out. We've got a very aggressive agenda today, and what I would like to do is I would like to go through and kind of organize this so we can -- we've got a lot of public hearings and so on and so forth. So let's see if we have any additional changes from commissioners and do our ex parte on consent and summary, and let's begin with Commissioner Henning. Any additional changes, sir? COMMISSIONER HENNING: No additional changes. Page 8 June 23, 2015 Ex parte communication on 17A, received staffs -- to the Planning Commission, their recommendations. 17C, I talked to staff and the petitioner. That's it. CHAIRMAN NANCE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yes. For 9C, I've had correspondence, emails, and calls, and I have no other disclosure other than in 17A where I've read the staff report. However, what I would like to understand is why we're moving -- I think it was Commissioner Taylor who requested that the new 9D be created as part of our advertised public hearings. What's the reason for that, Commissioner Taylor? Why is it that you want to move that to be heard as opposed to on consent? COMMISSIONER TAYLOR: I just want to vote on it separately. COMMISSIONER HILLER: Could we -- CHAIRMAN NANCE: Okay. Let's do that. COMMISSIONER HILLER: -- do that? CHAIRMAN NANCE: Do you have any other changes? COMMISSIONER HILLER: No. But could we go ahead and dispense with that, like, right now? CHAIRMAN NANCE: Well, let's go through and get down to Commissioner Taylor, and then we'll dispense with that item at that time. No further changes, ma'am, other than that? COMMISSIONER HILLER: No. CHAIRMAN NANCE: Okay. Commissioner Fiala? COMMISSIONER FIALA: Yes. I wasn't adding a change. I actually thought I had already requested yesterday to put that on. CHAIRMAN NANCE: Oh, okay. COMMISSIONER FIALA: This is a change that we had received last night, and I'd asked -- CHAIRMAN NANCE: Yes. Page 9 June 23, 2015 COMMISSIONER FIALA: -- the County Manager to put it on. I only just felt that we should dispense with that first before we get into the regular meat of the meeting. And, sir, you are the chairman. You make that decision. CHAIRMAN NANCE: Okay. We'll -- we will -- do you have any additional requests other than that, ma'am? COMMISSIONER FIALA: No additional requests. No corrections. But I do have some ex parte. On 16A16, my goodness, I got a letter from Elizabeth Nelson, I had correspondence, emails. I talked with staff before that. And also on 17A, my disclosures are -- this is the previous Willow Run, and so I have emails, and I'd spoken to staff about this, and I'd also spoken to the original owner, who was Maureen Bonness, way back when, and I read the staff report. And then, finally, on 17C -- and this was the Eastover plat. I just had some correspondence from the attorney and also I spoke with staff. CHAIRMAN NANCE: Okay. Commissioner Taylor, any additional changes other than your -- COMMISSIONER TAYLOR: Just one gentle request to staff. On 16D12, which is the Warrior Health And Fitness Challenge, Home Base is sponsoring that, and I understand Collier County generously gave these extraordinary citizens and Americans who have been severely wounded in war opportunity to use their fitness facilities at no charge, these soldiers and their families. I would also like staff to reach out to Naples Community Hospital to see if they would like to partner with us in that. MR. OCHS: We'd be happy to do that, ma'am. COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: Okay. As far as ex parte, I have no further changes. I have some organizational things I would like to establish for today. Page 10 June 23, 2015 I have no disclosure on today's consent agenda item. On Item 9C, Legacy Estates, I've had discussions with staff and read correspondence from residents. On 17A, the Lido Isles issues, I've read staff report. On 17C I've had phone calls with the petitioner and meetings with staff. Commissioners, what I would like to do today is I'd like to entertain a motion, after I set forth some scheduling things. What I would like to do is I would like to take -- in order to have an orderly meeting, I would like to separate Commissioner Taylor's request on Item 17E. When we come to approval of today's summary agenda, we'll vote that independently at her request. This morning we will hear Item 11K, at Commissioner Fiala's request, at 10: 15, and this afternoon when we return from break, in order to get people back to work -- we have many hearings today. What we'll -- what we will do is we will hear Item 9B out of sequence, the golf course maintenance item, at 1:30, and, of course, we will have public comments prior to that. Immediately following Item 9B, we will embark on 9A, which is the automobile service station, so that will hopefully take place very close to 1 :30. And then, of course, Commissioner Hiller's items, Item 9C and Companion Item 11H, will be heard at her request at 4 p.m. At this time I would like to entertain a motion to approve today's regular, consent, and summary agenda and scheduling as proposed. COMMISSIONER FIALA: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: And a second. All those -- MR. OCHS: Mr. Chairman? CHAIRMAN NANCE: Yes. MR. OCHS: Does that include the separate vote on -- Page 11 June 23, 2015 CHAIRMAN NANCE: There's a separate vote on Item 17E. So we're approving it with the exception of 17E at Commissioner Taylor's request. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: On Item 17E -- COMMISSIONER HENNING: Opposed, aye. CHAIRMAN NANCE: Oh, I'm sorry. COMMISSIONER FIALA: What did he say? I'm sorry. (No response.) CHAIRMAN NANCE: Commissioner Henning is in dissent of the agenda with changes as approved 4-1. On Item 17E, which is being independently considered off summary agenda, discussion? COMMISSIONER HILLER: Motion to approve. COMMISSIONER FIALA: Second. CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: All those opposed? COMMISSIONER HENNING: Aye. COMMISSIONER TAYLOR: Opposed. CHAIRMAN NANCE: Okay. Item 17E is approved 3-2 with Commissioner Henning and Taylor dissenting. COMMISSIONER HENNING: Welcome aboard, Commissioner Taylor. You know, it was a 4-1 before, now it's a 2-3. COMMISSIONER TAYLOR: Thank you. Page 12 June 23, 2015 CHAIRMAN NANCE: Well, it's the same vote we had before, sir, so it's not a big surprise. Page 13 Proposed Agenda Changes Board of County Commissioners Meeting June 23,2015 Move Item 16A16 to Item 9C: 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 Legacy Estates,(Application Number 20140001803)approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Companion to Item 16D5.(Commissioner Hiller's request) Move Item 17E to Item 9D: Recommendation to approve an Amendment to the Collier County Purchasing Ordinance(Ordinance Number 2013-69). (Commissioner Taylor's request) Move Item 16D15 to Item I1G: Recommendation to approve a temporary signage program during the 2015 summer break to place temporary YMCA/CAT signs on select CAT bus stop poles. (Commissioner Henning's request) Move Item 16D5 to Item 11H: This item to be heard immediately following Item 9C(16A16): Recommendation to approve a standard Donation Agreement that allows JD DEVELOPMENT l LLC,a foreign limited liability company,to donate a 1.14 acre parcel along with a management endowment of $4,440.30 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. Companion to Item 16A16. (Commissioner Hiller's request) Move Item 16F6 to Item 11I: Recommendation to award RFQ 15-6433 Production of the Tourism Guide to Miles Media Group,LLLP and authorize the Chairman to execute the County Attorney approved contract and make a finding that this action promotes tourism. (Commissioner Taylor's request) Move Item 16F12 to Item 11J: Recommendation to approve the Second Amendment to the Agreement between Economic Incubators,Inc.and the Board of County Commissioners. (Commissioner Taylor's request) Add On Item 11K: Recommendation to provide guidance to the County Manager in response to the Clerk of Court's unilateral decision to withhold presentation of selected expenditures to the Board for determination of valid public purpose and payment authorization. (Staff's request) Time Certain Items: Item 9C(Moved from 16A16)to be heard at 4:00 p.m. Proposed Agenda Changes Board of County Commissioners Meeting June 23,2015 Page 2 Note: Item 16A21 Recommendation to review the April 2015 beach survey results and endorse a staff recommendation to not renourish the Vanderbilt,Pelican Bay,Park Shore or Naples beaches in the Fall (November)of 2015. Direct staff to obtain a permit modification to renourish the Clam Pass Park beaches after the 15 year beach renourishment permit is issued from Florida Department of Environmental Protection and the United States Army Corps of Engineers. (Commissioner Henning's request) Item 16A25 Recommendation to approve Amendment to the Collier Metropolitan Planning Organization(MPO)Staff Services Agreement. The attestation signature on Page 2 of the Amendment to MPO Staff Services Agreement should read as follows: Interim Collier MPO Executive Director. (Commissioner Taylor's request) Item 16E5 Recommendation to waive competition for Wesco Turf as a sole source vendor to exceed $50.000 spending limit for Fleet Management parts/service.: Fiscal Year expenditures will not exceed $100,000 without Board approval. (Staff's request) Item 16F6 Recommendation to award RFQ 15-6433 Production of the Tourism Guide to Miles Media Group.LLLP and authorize the Chairman to execute the County Attorney approved contract and make a finding that this action promotes tourism.: Advisory Board Recommendation has been added: The Tourist Development Council recommended approval(5-1)of this item at the June 22,2015 meeting. (Staff's request) 7/9/2015 1:59 PM June 23, 2015 Item #2B and #2C BCC REGULAR MEETING MINUTES FROM MAY 26, 2015 AND BCC/FIRE SERVICE PROPOSAL WORKSHOP FROM JUNE 2, 2015 — APPROVED AS PRESENTED CHAIRMAN NANCE: Approval of the May 26th regular meeting minutes. Is there a motion to approve those? COMMISSIONER FIALA: Yes. Motion to approve the May 26th regular meeting minutes and also motion to approve June 2nd BCC fire service proposal workshop. COMMISSIONER HILLER: I'll second both. CHAIRMAN NANCE: Excellent. There's a motion and a second to approve both the May 26th regular meeting minutes and the June 2nd workshop. Any discussion? (No response.) CHAIRMAN NANCE: 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: Okay. Both those are passed. MR. OCHS: Mr. Chairman, before you proceed to the balance of your agenda this morning, I would like to just take a brief moment to thank the Board for confirming this morning on your consent agenda my recommendation to appoint Mr. David Wilkison as your new department head for your Growth Management Department. I think Page 14 June 23, 2015 he's got fantastic credentials and background and good history here with Collier County and Southwest Florida. And I'd like to call on David for just a moment to be introduced to the Board officially and to the public and ask him to say a few words. David? MR. WILKISON: Good morning, Commissioners. I'm David Wilkison. COMMISSIONER FIALA: Good morning. MR. WILKISON: I'd like to thank you for the confirmation of my appointment and tell you that I'm excited and honored to get this opportunity to lead the Growth Management Department and to tell you I'm looking forward to working with you and working with all the talented county staff here at Collier County. Thank you again. COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: Thank you, sir. MR. OCHS: Welcome, David. Commissioners, that takes us to your service awards this morning. COMMISSIONER HENNING: Doesn't he get a seat in the back? MR. OCHS: Yes, sir. We'll dust him off a seat in the back there. COMMISSIONER HILLER: What's his official start date? MR. CASALANGUIDA: July 6th. MR. OCHS: July 6th, Commissioner. COMMISSIONER HILLER: I ask that question for your benefit. COMMISSIONER HENNING: Yeah. I appreciate that. So he'll be here for our next meeting? MR. OCHS: Yes, sir. COMMISSIONER HENNING: Okay. MR. OCHS: Commissioners, if you'd be kind enough to join us in front of the dais. Item #3 Page 15 June 23, 2015 SERVICE AWARDS — EMPLOYEE CHAIRMAN NANCE: Yes, we have a wonderful group of service awards. We have two 20-year awards, three 25-year, three 30-year, and one 35-year. MR. OCHS: Commissioners, we'll begin this morning by recognizing employees with 20 years of service to county government. Our first recipient this morning from your Library Department is Carolann Adams. Carolann? (Applause.) CHAIRMAN NANCE: Wait a minute, wait a minute. COMMISSIONER TAYLOR: Can't get away. (Applause.) MR. OCHS: Our next 20-year service award recipient from Landscape Operations, Jose Sanchez. Jose? (Applause.) MR. OCHS: Oh, not here this morning. I'm sorry. That takes us to our 25-year service award recipients. The first awardee, 25 years with Parks and Recreation, Bob DeCamp. (Applause.) COMMISSIONER FIALA: Thank you for all your service. MR. DeCAMP: Thank you. MR. CASALANGUIDA: Congratulations. MR. OCHS: Congrats, Bobby. Well done. (Applause.) MR. OCHS: Good job, Bobby. Celebrating 25 years of service with Solid and Hazardous Waste Department, your Director, Dan Rodriguez. (Applause.) COMMISSIONER FIALA: You didn't hug him. Page 16 June 23, 2015 MR. CASALANGUIDA: Congratulations. MR. OCHS: Well done. COMMISSIONER FIALA: I want to tell you, you should go to one of his shops, like one of the recycle shops -- (Applause.) COMMISSIONER FIALA: Right. They're -- look at that. They're so clean you can eat off the floors. MR. RODRIGUEZ: Thank you. COMMISSIONER TAYLOR: Yeah, it is. It is. MR. OCHS: Congratulations. (Applause.) MR. OCHS: Also celebrating 25 years of county service with your Public Utilities Engineering Section, Pete Schalt. Pete? (Applause.) MR. OCHS: Congratulations, Pete. Commissioners, we have three employees celebrating 30 years of dedicated service to county government this morning. The first recipient, your Director of Engineering and Natural Resources, Bill Lorenz. Bill? (Applause.) COMMISSIONER FIALA: Thanks, Bill, for everything. COMMISSIONER TAYLOR: He's tall. (Applause.) MR. OCHS: Celebrating 30 years of service with our County Attorney's Office, Kay Nell. (Applause.) MR. OCHS: Congratulations. Thank you so much. CHAIRMAN NANCE: All these 30-year employees are in DROP. What a brutal world; you work for 30 years, then we drop you. I think we need to upgrade that a little bit. (Applause.) Page 17 June 23, 2015 MR. OCHS: And our final 30-year service awardee this morning, with your Water Department, Ray Ognibene. Ray? (Applause.) MR. OCHS: Commissioners, finally this morning we have an individual who's celebrating 35 years of dedicated service to county government. It's fitting that he's our Museum Director, because he seems fairly well preserved, and that is the one and only Ron Jamro. (Applause.) COMMISSIONER TAYLOR: It's that archival treatment, right? COMMISSIONER FIALA: I'm always afraid of walking into the museum. I think they're going to keep me there as a relic. CHAIRMAN NANCE: You stick around long enough that they drop you, and then they deacidify you and put you in the museum. (Applause.) MR. OCHS: Commissioners, that concludes our services awards this morning. Thank you. CHAIRMAN NANCE: You work 30 years, and they drop you. COMMISSIONER FIALA: I wonder if the audience knows what you really mean by DROP. COMMISSIONER TAYLOR: And half the room leaves. Isn't it nice they all come? Item #4 PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS MR. OCHS: Mr. Chairman, that would take us to your proclamation this morning, Item 4. COMMISSIONER TAYLOR: Mr. Ochs? MR. OCHS: Yes, ma'am. Page 18 June 23, 2015 COMMISSIONER TAYLOR: Would you be so kind, Commissioner Fiala and I were just talking about how wonderful it is to see the support for these award winners and these service employees. And Commissioner -- COMMISSIONER FIALA: Among staff members. COMMISSIONER TAYLOR: Among staff members. And it's always very positive, and there's always a lot of folks there. And we know -- we agreed, it comes from the top down. It's your management that creates this feeling where folks are not only happy to work here; they support each other. And you're to be congratulated. MR. OCHS: Well, thank you, ma'am. You're too kind. They really deserve all the credit. They're the ones out there on the front lines doing the job day in and day out. But we appreciate the Board's support. You give them all the resources and the tools and the support that they need. And we appreciate it, each and every one of us. Thanks for those kind remarks. COMMISSIONER TAYLOR: You're welcome. Item #4A PROCLAMATION RECOGNIZING THE BROTHERHOOD RIDE ORGANIZATION AND THE 29 FIREFIGHTERS AND LAW ENFORCEMENT OFFICERS WHO RODE BICYCLES FROM NAPLES TO TALLAHASSEE TO HONOR EMERGENCY RESPONDERS WHO HAVE FALLEN IN THE LINE OF DUTY. ACCEPTED BY LIEUTENANT JEFF MORSE OF THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT — ADOPTED MR. OCHS: Mr. Chairman, we're onto Item 4A this morning. It's a proclamation recognizing the Brotherhood Ride Organization and Page 19 June 23, 2015 the 29 firefighters and law enforcement officers who rode bicycles from Naples to Tallahassee to honor emergency responders who have fallen in the line of duty. To be accepted by Lieutenant Jeff Morse of the North Collier Fire Control and Rescue District. Lieutenant, if you'd please step forward, and anyone else that's with them. (Applause.) COMMISSIONER FIALA: Did you ride? Did you all ride? That is so cool. LIEUTENANT MORSE: Thank you, Commissioners, so much for that wonderful proclamation. This year the Brotherhood Ride was able to honor 10 first responders who died in the State of Florida over the past six days. We rode 667 miles. We honored six police officers, three firefighters, and one K9 officer. And I'd just like to take a moment to read something to you that we wrote and that we read to every first responder's family that we meet along the ride to try to kind of explain what exactly the Brotherhood Ride does. Why do we ride to honor those who we have lost in the line of duty? When I heard the news that one of my brothers had died, I felt so low. We had never met. I never shook your hand. Our wives did not know each other, nor did your kids call me uncle, but I knew I had lost another brother. You're a total stranger to me, but there was a lump in my throat and a hole in my heart. Why did it bother me so much? Why could my wife tell that I had lost another friend? Why did I need to -- why did I feel I needed to show how firefighters, police officers, and emergency responders are all brothers? You had worn the same uniform as mine, that of emergency responder. You had taken the same oath to protect lives and property, to serve and Page 20 June 23, 2015 protect, and care for the sick, and you knew that oath was more than just a bunch of words to get on the job. You knew from that day that you repeated those words you had put your life on the line to save others. You knew that if you had to, you'd risk everything to save someone you had never met. We are not like other workers. We expect to be in danger from the start of our shift until relieved by another emergency responder. We'll defend and protect anyone who calls us without hesitation. I wonder what you thought as you made the ultimate sacrifice. I can only hope that as you lay in the dark smoke-filled hallway or on a dark, lonely street, you knew your brothers were coming to get to you. We know we were unable to get to you in time, but rest assured they finished the job they started. They made their community safe again. So, my brother, I was unable to be with you when you paid the ultimate price, but my brothers and I have come here to honor you. We know you'll say "I was only doing my job," know you were doing the work of God and will apologize to no one for reminding everyone that you gave your life to protect your community. Why do we train so hard for a total stranger? Why do we ride in all kinds of different weathers, rain, wind, cold, heat? Why do we sleep anywhere we could find an open space on the floor? Why would we do this for a total stranger? We wouldn't, but we will for one of our brothers. We always say never forget, but time does move on, and we will -- people will forget that day. Rest assured we'll remind them that there are families and co-workers who still have a hole in their heart that will never be filled. We are not the heros, but we are proud to wear the names of the heros on our backs for all to see. So stand down, my brother. You have completed your shift. Let Page 21 June 23, 2015 our legs carry your memory and remind all that will listen; you gave your life for a total stranger. God bless our fallen first responders. Thank you, gentlemen and ladies. (Applause.) Item #4B PROCLAMATION RECOGNIZING 2015 AS "VICTORY FLORIDA YEAR," MARKING THE 70TH ANNIVERSARY OF THE END OF WORLD WAR II. ACCEPTED BY HER MAJESTY'S CONSUL GENERAL IN MIAMI, CONSUL GENERAL PRODGER, LOIS A. BOLIN, REG BUXTON, AND DIANE VAN PARYS. CONSUL GENERAL PRODGER REPRESENTED BY REPRESENTATIVE MATT HUDSON — ADOPTED MR. OCHS: Item 4B is a proclamation recognizing 2015 as Victory Florida Year marking the 70th Anniversary of the end of World War II. To be accepted by Her Majesty's Consul General in Miami, Consul General Prodger, Lois Bolin, Reg Buxton, and Diane van Parys. If you'd please step forward and receive your award. (Applause.) MR. OCHS: Commissioners, I also see we're joined by Representative Matt Hudson this morning. COMMISSIONER FIALA: Hey, Wayne. Come on up. REPRESENTATIVE HUDSON: Yeah, Wayne. You should be up here if anybody. You want us to push your arm for effect, or won't that be necessary? (Applause.) Page 22 June 23, 2015 CHAIRMAN NANCE: Representative Hudson, would you like to make some remarks, sir? REPRESENTATIVE HUDSON: Yes. Thank you, Mr. Chairman. Commissioners, guests, first of all, the Consul General regrets that he could not be here this morning. He will be in our community later this evening. I had the opportunity this year in your legislative session to pass a resolution that was born right here in Collier County from Lois Bolin, and it is a resolution that denotes 2015 as Victory Florida Year. Many of you may or may not know that Florida played an integral role in World War II, and 2015 is the 70th Anniversary of the conclusion of World War II. May 8th we saw VE Day, and August 14th is VJ Day. The role that was played by Florida is hard to put into perspective. Many of you might be transplants. Many of you might be just calling Florida home for the first time. But in World War II, there were 170 military installations just in Florida. A quarter million Floridians served; 5,000 paid that last full measure of devotion. When you think about that role and the fact that we had 1,200 miles of coastline that had to be defended, we had prisoners of war picking our citrus so that only our soldiers would have access to it and we were rationing the rest, and you think about all the airmen that were trained in Florida, and you think about the landing craft operators for D Day and for the Pacific invasions were all trained in Florida, the role Florida played, significant, absolutely significant. And so I think it's appropriate, given the tremendous commitment we have to veterans in this county with our wonderful military museum, our fantastic Honor Flight system, the great Freedom Memorial that's being championed by Mayor Sorey and others and with your support on the board as well, that we truly take a moment Page 23 June 23, 2015 and think about how that generation, frankly, saved the planet as we know it. And so this small resolution that I was privileged to pass and share with all of my colleagues in the legislature to be able to talk about it and bring awareness to it is just a very small thing, but it is my pleasure and my honor to be able to present this to you for your efforts in supporting veterans and supporting the various activities that go on in our wonderful county. And so with your permission, County Manager and Chair, I'd like to present this to you. (Applause.) CHAIRMAN NANCE: Let's take a photograph, Representative. REPRESENTATIVE HUDSON: I don't know where to look. There's cameras everywhere. Are you done? I'm not sure. Did you get it? That long, you could have made me tall and thin. UNIDENTIFIED SPEAKERS: Some things can't be done. COMMISSIONER TAYLOR: You've got another one. COMMISSIONER FIALA: You have another one there waiting there in the wings. REPRESENTATIVE HUDSON: Sorry. I didn't see you back there. COMMISSIONER TAYLOR: Oh, you got it. CHAIRMAN NANCE: Representative Hudson, on behalf of the Board, I think everybody really appreciates it. Thank you so much for your work, sir. You know, looking back, we had another great Honor Flight this past weekend on Father's Day. For me, reflecting back as a Floridian on my father who's a veteran, my uncles who were veterans, thinking about the fact that Fort Lauderdale Beach was completely closed off during the duration of the war because axis submarines were sinking ships right in the gulf stream right off the coast of Southeast Florida, Page 24 June 23, 2015 the greatest generation has been honored and discussed repeatedly by the Consuls, United Kingdom, the consuls of France, through Memorial Day, through the various anniversaries, Operation Overlord, Invasion Normandy, and then of course the end of the war the end of this year. So a wonderful time to reflect on the service of the greatest generation and all those nonmilitary people in the United States that disrupted their lives, had their families disrupted, have their lifestyles completely disoriented in an effort to go ahead and do the right thing and make the world safe for democracy. So thank you all for your dedication in this effort. Representative Hudson, we certainly receive this with a great deal of thanks and appreciation. Thank you so very much. REPRESENTATIVE HUDSON: Thank you, Chairman. Thank you, Commissioners. (Applause.) COMMISSIONER FIALA: Commissioner, can we hang that out in the hall here for all to see? CHAIRMAN NANCE: Yes, we will. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Those were very moving words by Representative Hudson, and he should be commended for his efforts in bringing Florida the recognition it deserves in the role that our citizens played in the second world war. I just want to remind everyone that today marks the 70th Anniversary of the Battle of Okinawa. So it's very fitting that we're doing this today. CHAIRMAN NANCE: Thank you. Thank you all. Item #4C Page 25 June 23, 2015 PROCLAMATION DESIGNATING JUNE 23, 2015 AS FRANNY KAIN AND FUN TIME EARLY LEARNING ACADEMY DAY, IN RECOGNITION OF CONTRIBUTIONS MADE BY FRANNY KAIN AS EXECUTIVE DIRECTOR OF FUN TIME EARLY CHILDHOOD ACADEMY, AND IN RECOGNITION OF FUN TIME EARLY CHILDHOOD ACADEMY FOR THEIR CONTRIBUTIONS TO THE COMMUNITY. ACCEPTED BY FRANNY KAIN, EXECUTIVE DIRECTOR OF FUN TIME EARLY CHILDHOOD ACADEMY — ADOPTED MR. OCHS: Item 4C is a proclamation designating June 23rd, 2015, as Franny Kane and Fun Time Early Learning Academy Day in recognition of the contributions made by Franny Kane as Executive Director of the Fun Time Early Childhood Academy and in recognition of Fun Time Early Childhood Academy for their contributions to the community. To be accepted by Franny Kane, Executive Director of Fun Time Early Childhood Academy. If you'd please step forward. (Applause.) CHAIRMAN NANCE: And Commissioner Taylor is going to read the proclamation. COMMISSIONER TAYLOR: All right. So I hope you can hear me. Fun Time Early Learning Academy is located in River Park, and it's one of the first 501(c)3 entitled organizations in Collier County; and, Whereas, this year Fun Time will be celebrating 55 years in the River Park community; Whereas, Franny Kane's many accomplishments as executive director of the academy since 2006 -- I'm sorry -- including assisting in the lengthy construction process moving Fun Time from a dilapidated Page 26 June 23, 2015 37-year-old double-wide trailer to a new state-of-art schoolhouse and increasing enrollment from 36 pre-schoolers to a maximum of 84; and, Whereas, Fanny Kane received a rare perfect score from the National Accreditation Commission for early learning leaders for achieving all quality markers and standards for exception preschools; and, Whereas, Fanny Kane tirelessly devoted nine years to the young children of Fun Time, and through her consistent leadership and expertise formed Fun Time into the sustainable success it is today. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that June 23rd, 2015, be designated as Franny Kane and Fun Time Early Learning Academy Day. (Applause.) COMMISSIONER FIALA: I remember the old place well. COMMISSIONER HENNING: It's a great dedication. COMMISSIONER TAYLOR: We're going to do a picture. Do you want to say some things, too? MS. KANE: Commissioner, you and I with tears? CHAIRMAN NANCE: Right here in the center, ma'am. Show them your proclamation. MS. KANE: Okay. COMMISSIONER TAYLOR: I think she has some people from the academy. Could we do another photograph if they'd come up? MS. KANE: I'd love that. Thank you so much, Commissioner Taylor. I appreciate that. CHAIRMAN NANCE: Everybody that would like to be in the photo, please come up. MS. KANE: I love to have my board up here. I'm always happiest when I have my board around me. UNIDENTIFIED SPEAKERS: Let's go right in the middle. Get Page 27 June 23, 2015 in there. MS. KANE: My dear friend. (Applause.) CHAIRMAN NANCE: All right. Is there a motion to approve the proclamations? COMMISSIONER HENNING: So moved. COMMISSIONER HILLER: Second. CHAIRMAN NANCE: There's a motion and a second. Any discussion? (No response.) CHAIRMAN NANCE: 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: Thank you. It passes unanimously. MR. OCHS: Mr. Chairman, that takes us to Item 5 on your -- oh, I'm sorry. I'm so sorry, Fran. MS. KANE: Thank you very much. Whoa. I'm going to take a breath here. This is a truly amazing honor for Fun Time and for me. I thank the Collier County Commissioners for this incredible honor, and I especially thank you, Commissioner Penny Taylor, for recognizing the value of our nationally accredited Fun Time Early Childhood Academy. I also thank our many board members who are here with us today, our dedicated board members, who've made this very possible and the many board members who have served Fun Time over the past 55 years. Page 28 June 23, 2015 I thank our donors. I thank our supporters. I thank our volunteers who have helped us to achieve our mission. The mission of Fun Time Early Childhood Academy is to provide safe, quality affordable education and care for children of low-income working families and to prepare those children for kindergarten ready to read and ready to learn. Since 2006 I've had the privilege of serving as the executive director. And during these past nine years, we have educated more than 180 two-year-olds, 240 three-year-olds, 325 four-year-olds. Fun Time has educated many of the youngest and the most vulnerable children here in Collier County, and we have prepared those children for success when they entered kindergarten ready to read and ready to learn. What if this had not been the case? What if our community had not reached out and decided to give Fun Time a lift? What if our community decided that Fun Time was not worth bringing back from the brink? Wow. Today we don't really have to imagine that. Instead today, together, we can imagine a bright and beautiful, a strong and wonderful academic future for every single Fun Time child. Today I'm here representing each of those very fortunate children as I say thank you very much to each of you. May Fun Time continue to provide for this community the quality education that our community deserves and expects for the generations to come. I thank you so much, each and every one of you Collier County Commissioners. Thank you dearly. (Applause.) Item #5A RECOGNIZING MARISA CLEVELAND, OPERATIONS ANALYST, GROWTH MANAGEMENT DEPARTMENT AS Page 29 June 23, 2015 EMPLOYEE OF THE MONTH FOR MAY 2015 — PRESENTED MR. OCHS: Item 5A is a recommendation to recognize Marisa Cleveland, Operation Analyst in your Growth Management Department, as your Employee of the Month for May 2015. Marisa, if you'd please step forward and receive your award. (Applause.) MR. OCHS: Working through the crowd. CHAIRMAN NANCE: Here's a plaque to remember the day and a little token of our thanks. Thank you so much, ma'am. COMMISSIONER HENNING: Congratulations. COMMISSIONER HILLER: Congratulations. Thank you. COMMISSIONER FIALA: Congratulations. MR. OCHS: Commissioners, I'm going to tell you a few things about Marisa while she's getting her photo taken. Congratulation, Marisa. Oh, she needs her plaque. Commissioner, Marisa's been an employee of the county for four years working with our Growth Management Department. She exhibits exceptional leadership qualities, and she recently took on the responsibility for the complete redesign and the content updates of our Growth Management Division website, which is very heavily used by our client base. She's also redesigned the landing page for the Building Department to make it easier for the contractors and other members of the public to find important information on a variety of issues with regard to permitting and zoning. When she's not at work, she can found volunteering at one of the many causes she supports, including the Galisano Children's Museum, the Naples Pathways Coalition, the Naples Zoo, and the Susan G. Komen Organization, just to name a few. Marisa is dependable and determined, extremely dedicated to her Page 30 June 23, 2015 department and her colleagues and the community at large and completely deserving of this award. Commissioners, it's my honor to present Marisa Cleveland, your Employee of the Month for May 2015. Congratulations, Marisa. (Applause.) MR. OCHS: She can't wait to sit down, you can tell that. Item #5B PRESENTATION OF THE MISSION, VISION AND GOALS OF THE MULTICULTURAL COMMUNITY ADVISORY ALLIANCE (MCAA). PRESENTED BY MEMBERS OF THE MCAA — PRESENTED MR. OCHS: Mr. Chairman, Item 5B is a presentation of the mission, vision, and goals of the Multicultural Community Advisory Alliance. This item will be presented by members of the alliance, and it was brought forward on the agenda by Commissioner Fiala. CHAIRMAN NANCE: Commissioner Fiala, would you like to make some remarks, ma'am? COMMISSIONER FIALA: Yes, I would be delighted to, if I may. COMMISSIONER HENNING: It's in our agenda. Oh, this is a new one. New information. COMMISSIONER FIALA: Yes. By way of introduction, let me tell you that Victor Valdez, the guy standing there at the podium right now, called me a while back, and he said -- he said, come and meet with me, so I did. And he said, I think we ought to form an alliance. This is a community alliance. It's not a government sponsored anything. This is just a community alliance. Not just. It's the first one Page 31 June 23, 2015 of its kind that I know of ever in Collier County where all different cultures get together as one and communicate with one another and forge a bond that's strong and effective in promoting the good things in our community and amongst themselves and reaching out to everyone else in case there's ever a problem, or when there's something great, let us celebrate with them. We've never had that before, and I really commend Victor Valdez for doing this, and all of the people who have joined forces with him. It's a wonderful thing. So I'll stop talking, Victor, and the podium is yours. MR. VALDEZ: Thank you. Good morning, Commissioners. For the record, my name is Victor Valdez, Chairman of the Multicultural Community Advisory Alliance. Thank you for your words. First I want to say it's not only my idea. It's the idea of several people that are now here but all the more because now we are a big group of people, different culture, all in one. First, I would like to express my appreciation to Commissioner Fiala. Because of the support you have provided to us, we have been able to do this work. Because you help us, we work together, and would have this. To the Commission, we want to thank you for the opportunity to present our vision to continue to support your efforts to make Collier County the paradise that we all enjoy. Now I would like to introduce our vice-chair who will share our mission, principles, and values. Where is -- MS. McEACHERN: I'm here. MR. VALDEZ: She is the vice-chairman. MS. McEACHERN: Good morning. Good morning, Commissioners and fellow Collier County citizens. My name is Achie Page 32 June 23, 2015 McEachern, and I'm the Vice-chair for the Multicultural Community Advisory Alliance. And as Victor stated, I would like to thank you so much this morning for your time and attention as we present. As we look at our first two slides, I'm just going to go over our vision and our mission briefly. As you all are aware, the population of Collier County is growing at a rapid pace. And as the Multicultural Community Advisory Alliance, we will work to identify, to support, and engage community resources for the betterment of the quality of life here in Collier County. Our organization will make sure that our fellow citizens collectively thrive by using not only their voices, but also their resources for the advancement of the community. Now moving forward, you'll see a list of our principles and values, the first being common unity. Now, if you join these two words together, of course, you'll have community. And the reason why we chose this as our first principle is because we understand that a community just isn't a group that share the same physical location, the same nationality, the same race, the same gender, the same language, or the same religious affiliation, but rather a group of individuals who, together, share the same purpose, the same goals, and the same objectives, and those who see the same vision and decide to go there together. And for the Multicultural Community Advisory Alliance that goal is to be in relationship with the Collier County Government, specifically you-all, our amazing County Commissioners, so that collectively we can make a difference in our community. Our next value is respect, followed by inclusion. Then we have integrity. That's a big one for us. Integrity is one of the most important attributes of leadership. And with this it means Page 33 June 23, 2015 that we will always operate with honesty, morality, and sound character. But even more importantly, since integrity comes from the word "integral," we will be whole and complete in our methods to serve our community. And to conclude with our principles and values, we have accountability and transparency, collaboration, as well as service to the citizens and stakeholders. Moving forward, you will see a list of our goals. Now, for the sake of time, I'm just going to encompass them all. Our main focus will be to use a collective voice that communicates and provides factual information on current topics concerning local governance in a nonpartisan, objective manner. Our organization encompasses leaders from various professional industries which will aid us in obtaining measurable and verifiable data analysis. And in doing so, we will convene and connect stakeholders to address these topics that affect the multicultural community. Now, for the next few slides you're going to hear from one of our community leaders from the North Naples region. MS. ALVAREZ: Good morning. Maggie Alvarez, for the record. The next slide is how we're going to put the values, the vision, and the mission together. We have prepared an organization and also a process. So this is not just a group of people working at random. The organization, as you can see in the center, has the executive committee. That is a round table format that will spread to the different networks in the community. As you can see the network encompasses different portions of the community, and we want to grow this network so that we can get a deeper voice, a deeper insight in the different issues that we research for you, the commissioners, in our community. The bigger the network, the broader the perspective, the voice is Page 34 June 23, 2015 bigger, the vision is there. It's not us and them, like we mentioned in the prayer. It's the community, all of us. That network will facilitate researching information through a survey tool. The next is the process; it's a four-step process. Very simple. Receive the information from the commissioners, the committee, or the network, and we evaluate how to approach the information. Research, media, website, and we gather this information from our network and present it to the commissioners at the appropriate time with maybe some options for solutions. Once that's presented, there's an outcome. The outcome will be shared with the public and our network so that they see the benefit of participating as a voice back and forth, sharing information in all different directions. When we put people to work together, there's endless possibility. We also have meetings for anybody that is interested in the third Thursday of each month. So we're inviting everybody that is present to join us, because this is for everybody, for Collier County. And now the vice-chair. MS. McEACHERN: What's next? I'm glad you asked that question. Plenty. Once we grow our members, we will assign roles, we will determine our survey and research process, develop working relationships, and create a resourceful website as well as recruiting of the volunteers. So next, before we take questions, if there are any, we would like to show you a brief video. COMMISSIONER FIALA: Boy, they really worked at this presentation. MR. MILLER: I've got it over here. (A video was played.) MS. McEACHERN: I'll open up the floor for questions. CHAIRMAN NANCE: All right. Well, that was -- Page 35 June 23, 2015 COMMISSIONER HILLER: I just want to make one comment. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I don't have a question, but I do want to say one thing, and it's important. Multiculturalism is very important. I come from Canada, and for those of you who know anything about Canada, Canada very much promotes and values multiculturalism and does so in a manner that promotes each individual culture's identity while everyone coming together working for the betterment of the community and the country as a whole. So congratulations and good luck in your efforts and have fun. MS. McEACHERN: Thank you. CHAIRMAN NANCE: Great. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Thank you very much. Everybody always appreciates active community organizations. Through an active community that's engaged in the issues of the day that works through facts and helps inspire meaningful conversation, it helps the local government, the staff; it helps everyone make good decisions and achieve great results. So welcome to the -- welcome to the group of community organizations. We hope -- we hope that you -- that your work is satisfying to you. I know that it's going to be more work than probably you expect as you see how many issues that come up, you know, on a daily basis and in a yearly schedule. But, you know, welcome to the group of organizations. And I would like to say thank you to Commissioner Fiala for encouraging the development of this new organization, and we look forward to hearing from you and helping you have a -- help us have a great dialogue. Thanks so much. MS. McEACHERN: Thank you. COMMISSIONER FIALA: Thank you. Page 36 June 23, 2015 (Applause.) CHAIRMAN NANCE: At this time I would entertain a motion to approve our presentations of today. COMMISSIONER HENNING: We don't do that. MR. OCHS: No, that's just for proclamations, sir. CHAIRMAN NANCE: We don't approve the employee of the month? MR. OCHS: Nope. CHAIRMAN NANCE: Okay. MR. OCHS: You don't take any action on those. Thank you, though. Item #10A DIRECTING THE COUNTY MANAGER TO PLAN FOR SEA LEVEL RISE IN COLLIER COUNTY - MOTION THAT NO ACTION BE TAKEN AND A RECOMMENDATION THE PROPOSED GROUP RETURN TO THE BOARD WITH A PRESENTATION IN THE FALL - APPROVED MR. OCHS: Mr. Chairman, that moves us to Item 10A, which is a recommendation to direct the County Manager to plan for sea level rise in Collier County, and Commissioner Fiala brought this item forward on the agenda. CHAIRMAN NANCE: Yes. Ladies and gentlemen, looking out in our audience at the number of citizens we have in attendance on two items, this current, Item 10A, which is the sea level rise item, and also Item 11A, which is a Freedom Memorial, I would like to try to take those two -- COMMISSIONER HILLER: Don't we have a 10:15? CHAIRMAN NANCE: -- before we get to our 10:15 Page 37 June 23, 2015 time-certain. COMMISSIONER HENNING: That's great. MR. MILLER: Mr. Chairman, I just want -- heads up. We do have nine registered speakers for Item 10A. CHAIRMAN NANCE: Okay. Thank you. COMMISSIONER HILLER: Well, if we have nine -- how are we going to get nine registered speakers on that item in before 10:15? CHAIRMAN NANCE: Well, it's going to be tough, ma'am. MR. OCHS: Well, Commissioner Fiala, would you be willing to set your time-certain back a little bit to accommodate these two items, perhaps? COMMISSIONER FIALA: Sure. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: Thank you. COMMISSIONER HENNING: Question. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Thank you. This item was on our agenda November 18th, 2014, by the same person who is making the same recommendations is direct staff; however, we already took action on this item. We took action on this item, and it looks like -- more like a reconsideration more than anything. I know there was backup material that was anonymous of the request. It wasn't Commissioner Fiala's issue. And the direction was -- let me get to recaps -- by Judy Hushon. It was Judy Hushon who requested the Board of Commissioners direct staff to work with South Florida Regional Planning Council and bring back an action plan, okay. Looks very familiar. COMMISSIONER FIALA: Commissioner Henning? COMMISSIONER HENNING: Now, the discussion was, and the decision by the Board, is Commissioner Nance was going to Page 38 June 23, 2015 discuss this with the Regional Planning Council and bring back information to the Board. And my understanding, or my recollection, he hasn't done that yet. So, you know, that's the time to take any other action is when Commissioner Nance brings something forward. CHAIRMAN NANCE: What is the feeling of the Commission on these items? Yes, ma'am. COMMISSIONER FIALA: Well, could I -- okay. I just wanted to say when I spoke with Judy Hushon -- and I've spoken to a few other people in the audience, they don't want us to take any action on anything. They want to take some action in getting together a community organization. They're hoping to even get into other counties as well. But it's something that they want to meet. They're not asking us for anything. They just want us to sanction their group, because there are a lot of things to discuss. It will take a couple years. It's not something we can just decide nor do we have to put any money out for staff or anything. COMMISSIONER HENNING: So your item is different than what it says then. It's not to direct the County Manager to work with South Florida Water -- or South Florida Regional Planning Council and bring back an action plan? That's not the item then? COMMISSIONER FIALA: No, uh-uh. No, no. They want to -- in fact, unless I'm mistaken, they want to get together and have an organization comprised of people who want to just share. You know, we can't solve this problem. Sea level is going to rise regardless. They want to prepare for it. And they realize -- Dave Trecker wrote a wonderful article the other day. I just -- in fact, I thought it was outstanding. And what they're doing is, just as Dave Trecker had mentioned in his article, we just have to start thinking about it now and start working together, and that's what they want to do. Page 39 June 23, 2015 COMMISSIONER HENNING: Well, wouldn't it be more appropriate to have a presentation just like we did the last presentation? COMMISSIONER HILLER: That's what I would -- I would -- can I make a motion? CHAIRMAN NANCE: I don't know who's first. COMMISSIONER HILLER: I believe I was. COMMISSIONER TAYLOR: Commissioner Hiller. CHAIRMAN NANCE: Commissioner Hiller. COMMISSIONER HILLER: I'd like to make a motion that we give this group the opportunity to make a presentation just like the Alliance did today. I don't think, given that there's anything that we are doing to direct the County Manager in any way -- and Commissioner Henning is correct, this matter has already been addressed by the Board, and staff is doing what the Board has directed. I really don't think that there's anything for us to do today because it would be inappropriate to hear what they want to do as part of this agenda item. It should be a presentation, and we should have the opportunity to have the backup and inform ourselves as we listen to them. So could I make a motion that no action be taken on this item, and that if this community wants to come back and do a presentation, that they coordinate with you, Commissioner Fiala, to get on the agenda maybe in the fall? COMMISSIONER FIALA: Well -- COMMISSIONER HENNING: I'll second that motion. COMMISSIONER HILLER: Thank you. COMMISSIONER FIALA: -- in other words, you don't want to hear from them today; is that what you're saying? COMMISSIONER HILLER: No, because -- no, because we're Page 40 June 23, 2015 not -- this is -- no. Why would we? There's no backup. The information here is a recommendation to direct the County Manager, and that's already been done. So if they want to talk about a group that they want to put together, they should do it just like this group. And, you know, we encourage everyone in the community to form any sort of alliance or association that they want to help the community in whatever way they want. But I don't think it's appropriate right now to hear this item, but I certainly encourage them to do exactly what this group did, which is do a presentation. And we told the same thing to Mr. Valdez. You recommended, you know, come back, do a presentation, and I would suggest we do the same thing with this group, that they come back and do a presentation. They can do a slide show. They can -- there's a limit on the time for presentations. I think they're limited to, like, 10 minutes, and they could do a presentation and, you know, have their various group members speak. But I don't think it makes sense for us to do anything right now. COMMISSIONER FIALA: Well, that's all they want to do is give a presentation. COMMISSIONER HILLER: Yeah, but not now. I mean, we need backup. We need a -- you know, it needs to be under presentations. COMMISSIONER FIALA: How do you know they don't have backup? I don't know. COMMISSIONER HILLER: We haven't received it. CHAIRMAN NANCE: Well, this is a recommendation to direct the County Manager, which is not what we're -- it's not what's on the agenda. It's not what's being proposed; is that correct? COMMISSIONER HILLER: Yeah. But the agenda says Page 41 June 23, 2015 recommendation to direct the County Manager to plan for sea level rise, and we're not doing that. COMMISSIONER HENNING: That's the reconsideration. COMMISSIONER HILLER: We're not doing that, because they're already doing it. And it's not to inconvenience these people because you can do a full presentation, but you have to do a presentation under presentations. Since we're not taking action, it's a nonaction item. It wouldn't be fair -- let me just -- I can see some nods in the back. It wouldn't be fair to give you the opportunity to do a presentation when a group just like this one was told they need to come back and do a presentation and, you know, give everyone the opportunity to come and hear because, as the agenda is written, it says recommendation to direct the County Manager to plan for sea level rise. And Commissioner Henning properly pointed out, the Board has already done that, and staff is doing that. So if you-all want to put together a group and you want to explain how you want to educate and involve the community on this very important issue, I think it's a great idea, and I commend you, Commissioner Fiala, for doing it. But I think we should have a real presentation by these people. COMMISSIONER FIALA: Well, I thought that that's what they were going to be doing. I mean, we've already taken, what, eight minutes of their -- of the time deciding -- or a couple of you have decided that you didn't want to hear it, and I don't see any harm in them getting up and talking about what their goals and objectives are. I think we ought to be -- we ought to understand what is happening out in our community. And they're looking for support, you know, to support their efforts, which is something we all need to be thinking about. Not that it's going to happen tomorrow, but we need to be thinking about what's down the road and start to prepare for it. Page 42 June 23, 2015 COMMISSIONER HILLER: I don't disagree with you. I think you're absolutely right. CHAIRMAN NANCE: Okay. We have a motion and a second. Let's hear from Commissioner Taylor, and then we'll come back and see what we can craft. COMMISSIONER TAYLOR: One of the things, Commissioner Nance -- Chairman Nance, we are both on the Regional Planning Council. CHAIRMAN NANCE: Yes. COMMISSIONER TAYLOR: And that's something -- as they work through this time to try to identify themselves and reinvent themselves, so to speak. To me this is such a perfect opportunity because sea level rise is regional, and I think they could facilitate a lot. CHAIRMAN NANCE: Yes, I do, too. And, you know, that issue has been broached, but there hasn't been any action taken on it because, frankly, it is somewhat controversial with some of the different groups there. COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: So what do you feel on this -- we have a motion to come back -- to suggest they come back with a presentation and a second. What do you -- COMMISSIONER TAYLOR: Well, I mean -- CHAIRMAN NANCE: -- think about that? COMMISSIONER TAYLOR: I mean, I think that's well and fine, but we've got nine folks that have decided -- signed up and spent their valuable time here, been with us for over an hour. I think we should allow them to speak. CHAIRMAN NANCE: Commissioner Fiala, do you have any -- COMMISSIONER FIALA: Well, I put it on here because I did want to hear them speak. CHAIRMAN NANCE: I'm going to support the motion at this Page 43 June 23, 2015 time because I think we have a -- really a full agenda, and I think -- I thank Commissioner Henning for bringing this back (sic). I believe it is a reconsideration, so -- COMMISSIONER HENNING: However, I think it's appropriate to hear from the speakers. CHAIRMAN NANCE: You want to hear from the speakers? COMMISSIONER HENNING: Well -- CHAIRMAN NANCE: Let's hear from the speakers. COMMISSIONER HENNING: -- I think it's appropriate if you want me to answer that question. Whether I want to hear the same thing, it's kind of like the fracking, same cast of characters. Over and over it's going to be on our agenda. CHAIRMAN NANCE: Okay. So what would you like to do, sir? COMMISSIONER HENNING: Well, I think it's appropriate to hear from those speakers. CHAIRMAN NANCE: Okay. Let's take the public speakers, Mr. Miller. We have nine? MR. MILLER: That is correct, sir. Your first speaker is Judy Hushon. She'll be followed by Brad Cornell. MS. HUSHON: Good morning, Commissioners. I actually don't think this got settled the last time, just to disagree, because -- COMMISSIONER HENNING: It's in the recaps. MS. HUSHON: -- the class -- your staff does not believe that they have direction to start looking into this, so --just say that as a basis. We here in Collier County are totally reliant on our tourist base, and our tourist base is reliant on our weather, our beaches, our fishing, all of these things which, if we do have sea level rise and it does start Page 44 June 23, 2015 to impact us -- and it's not just sea level rise. Sea level rise is going to happen, but it's also storm and water related. We've had water-related incidents. If these continue to happen, we get a reputation like South Miami. That's not what we want. We can take measures, but we don't. We haven't planned anything. We aren't doing anything today. The Floodplain Management Plan moves forward in this area. That's important. The recommendation calls for examining the possibility of a Southwest Florida compact. Now, that's something that would have to come from the commissioners' level to take action as a group. This can help in consistent approaches across jurisdiction lines. It also raises the possibility of a citizens' advisory council. Now, I see this as a formal council to assist staff that is working on sea level rise. I see this as something that you-all would set up, that it would be functioning, and it could actually do a lot of the legwork and save you staff time and money. There's work finding out what's going on, what actions people are taking, what types of regulations have been written, what types of things have been recommended. That is what this action council can accomplish. We're one of the few counties in Florida not to be taking action, but we are considered one of the most vulnerable after Miami-Dade, which I mentioned, and St. Augustine, which is St. Johns County. It's time to support Commissioner Fiala's recommendation on behalf of our county citizens. We need to do all that we can to encourage citizens to Southwest Florida. I recommend that you actually adopt her recommendation which directs staff to be looking at what is going on in -- the from the planning side on sea level rise and potentially to form this citizens advisory group, a formal one, to assist the staff in doing that. That's my recommendation. Page 45 June 23, 2015 Thank you. MR. MILLER: Your next speaker is Brad Cornell. He'll be followed by Nicole Johnson. MR. CORNELL: Good morning, Commissioners. I'm Brad Cornell, and I'm here on behalf of Audubon of the Western Everglades and Audubon Florida, which owns Corkscrew Swamp Sanctuary. I'm a little surprised at the discussion that happened before I got up here. I didn't come here with any group. I have no presentation. I came here to support a proposal for the commissioners to direct the County Manager to evaluate sea level rise and take adequate precautions, basically to plan for adaptation. That's what this says. There's nothing about a compact. There's nothing even about a citizens advisory group. I'm here to encourage you and support the whole idea that the county ought to be planning for its own measures and protections and adaptation to sea level rise, which is already happening. Look at beach erosion, beach renourishment needs, and the cost of all that. Those are really economic as well as ecological concerns. Audubon's interest in this is that there are sea turtles, shorebirds, and seabirds nesting on our beaches right now. These are really important economic and ecological resources that we want to keep, so those beaches are valuable both as habitat and as a tourist destination. And I think it would be in our interest, just thinking about beaches alone. Put aside infrastructure and, you know, stormwater management, roads, buildings, and insurance issues. We've got to deal with sea level rise, which is already happening; otherwise, our very economic lifeblood is going to erode, and I think the county, the County Manager, ought to be right at the center of this, and you-all have the power to make that direction. That's what I'm here to encourage you to do. Thank you very much. Page 46 June 23, 2015 CHAIRMAN NANCE: Thank you. Commissioner Hiller? COMMISSIONER HILLER: County Manager? COMMISSIONER HENNING: He's gone. COMMISSIONER HILLER: I'd like you to come back. I want to just clarify something so we don't hear the same thing over again. You know, Commissioner Henning properly pointed out that in 2014 we recognized the importance of the issue, and the Board directed staff to -- COMMISSIONER HENNING: Well, let me reread it. COMMISSIONER HILLER: Can you just -- could you please just tell me, are you working on this issue? Are you incorporating the concerns, for example, raised by Brad in the work that you're doing? MR. OCHS: Yes, ma'am; yes, ma'am. COMMISSIONER HILLER: Okay. MR. OCHS: We are -- we're reading the research. We're talking to experts. We are making specification modifications to future projects like bridge projects to make sure that the design professionals incorporate the considerations of potential sea level rise into the elevation designs and those kinds of structures. And it's an evolving issue, as everyone knows. And just like most other organizations, we're trying to learn as much as we can from all the potential sources and experts out there, and we're incorporating thoughtful changes into our design specifications. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: And it is a frequent topic of discussion almost every regional event that we go to when we talk about long-term planning and, you know, the environment and so on and so forth. So it is. Now, whether it's generating discrete action in a regional way, it has not at yet. But, you know, we're going to have to continue to Page 47 June 23, 2015 engage these discussions. Mr. Miller? MR. MILLER: Your next speaker is Nicole Johnson. She'll be followed by Ray Judah. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN NANCE: Sure. COMMISSIONER HENNING: I want to repeat and reiterate what I said, and I'm reading from the recaps. The decision by the Board, that Commissioner Nance was to discuss with the Regional Planning Council and bring back information to the Board. This is when Judy Hushon, again, petitioned the Board for the same thing, is to direct staff, and the Board decided it was -- Commissioner Nance was going to work with the Regional Planning Council. So that's what I said, and I repeated it. MR. MILLER: Ms. Johnson. MS. JOHNSON: Good morning. For the record, Nicole Johnson, here on behalf of the Conservancy of Southwest Florida. And we appreciate Commissioner Fiala bringing this issue as an agenda item. And I guess I'm still a little confused as to staff is saying that they are collecting information, but it was going to be the Chairman who was going to exclusively reach out to the Regional Planning Council. So I think it might be good for maybe staff and the Chairman to, in the future, give a presentation on just where the county is with this. I think one of the things that is really needed in addition to -- in various components of county government looking at adaptation, creating an adaptation plan for the county in its entirety. These adaptation plans look at, first of all, protection, which is something that if Collier County gets ahead of the curve, I think we can do a lot of things that will protect us from the impacts of sea level Page 48 June 23, 2015 rise. The second is accommodation, and we know it's going to happen, so what do we need to do to accommodate. And the third and final is retreat. And we don't want to get so far down the road that our only option is to retreat from climate change sea level rise. So perhaps a county adaptation plan could be important. Having a citizens committee to help collect information I think is a great idea. I don't know if it should be the more formal County Commissioner appointed committee or an ad hoc committee that could meet informally, meet with staff. But I guess my question is, for the County Manager, who on staff is the point person for this? Because I think there are a lot of good resources out there that the county may or may not be tapping into. The City of Punta Gorda has an adaptation plan, and I think they would be excellent to talk to on this. The Department of Economic Opportunity has, essentially, a whole sub-department that deals with adaptation planning. So there are a lot of resources out there, and it seems like maybe the public just isn't understanding where things are at, at the county level and wanting something, perhaps, a little more formal as the outcome, such as an adaptation plan. So with that, I would ask that, you know, you move forward with something more formal and officially requesting the County Manager to look into this and, certainly, we support the idea of a citizens committee to help collect information to take some pressure off staff time and resources. Thank you. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I'd like to just ask you a question. And I guess I would put it to everyone. But it seems to me that Page 49 June 23, 2015 we do have a vehicle, and it's the Southwest Florida Regional Planning Council, that could actually assemble the region's plan. And as they did it on the East Coast, why not do it on the West Coast. And not exactly the same, but certainly help coordinate and reach out and assemble information that could be brought to us. So does that seem to be reasonable, a reasonable way to proceed at this point, in your opinion? MS. JOHNSON: I believe so. You know, I think that the county would also need to look at the benefits of a tailored adaptation plan for Collier County. And how all of those intersect, I certainly do not have the level of expertise to be able to, you know, give you an in-depth opinion on that. But certainly tapping into the Regional Planning Council, and then looking to see if the county could benefit from a very specific adaptation plan are things that should be investigated. COMMISSIONER TAYLOR: What I'm saying is I think we need to lay the foundation first and then customize -- MS. JOHNSON: Yes, absolutely. COMMISSIONER TAYLOR: -- it to Collier County. MS. JOHNSON: Absolutely. Thank you. CHAIRMAN NANCE: Thank you. MR. MILLER: Mr. Chairman, your next speaker is Ray Judah. He'll be followed by Sally Woliver. MR. JUDAH: Hello, Mr. Chairman. My name is Ray Judah, coordinator with the Florida Coasts and Ocean Coalition. It's a delight to be before the Collier County Commission. And, Commissioner Taylor, congratulations in joining an esteemed group of colleagues here, well-seasoned and well-respected in this community, and you're going to be a great addition to the Collier County Commission. COMMISSIONER TAYLOR: Thank you. Page 50 June 23, 2015 MR. JUDAH: I also wanted to just say that we need to get beyond the debate which still unfolds with regards to climate change. And I think that's why I really appreciate that you brought this issue forward with a focus on sea level rise. There's no question that sea level rise is affecting our economy and our environment, and that's an issue that we do need to understand is a reality and needs to be addressed. I did want to suggest that you-all well know that you've got 37 miles of shoreline here in Collier County, and 15 miles of it has been designated as critically eroded by the State Department of Environmental Protection, yet the state does not take into account sea level rise in their own coastal construction control line which, as you know, is associated with development permitting. And so if you have a program that doesn't include sea level rise, you've got a recipe for disaster. In fact, all the state takes into consideration is historic erosion trends. Clearly, we need to take into account sea level rise as we look at any future development along your coastline. I will also say this, that I'm really proud of the Southeast Regional Compact. It was Broward and Miami-Dade and Palm Beach and Monroe County back in 2009 that recognized in a bipartisan effort, by the way, amongst those counties and also municipalities in that area that came up with a regional compact in 2009 to address sea level rise. In fact, they are already incorporating and have incorporated resiliency action plans in their own comprehensive plan wherein which they're actually building back-flow preventers, they're relocating their drainage basins, they're installing pumps, they're elevating all their infrastructure and all new development in order to address, actually, 24 inches of sea level rise by 2060. So they recognize it's a real serious problem. And I just wanted to applaud all of you for having the vision, the leadership with the way in Page 51 June 23, 2015 which I read that agenda item, that was to direct staff to work with your Chairman to be able to provide for that adaptation action plan within your Comprehensive Plan to deal with the realities of sea level rise. I did want to let you know that Naples Daily News was the main sponsor back on May 7th at Florida Gulf Coast University where our Florida Coasts and Ocean Coalition worked with the League of Women Voters of Lee County, and we worked closely with the Collier County League of Women Voters in putting on a sea level rise summit. I have copies of the brochure. You may be interested. The item is over, but I just wanted to let you know that you will receive support from the Naples Daily News and the League of Women Voters along with the community itself. So if I may present these to you or -- CHAIRMAN NANCE: Thank you. You can drop them off, yes, sir. Thank you. MR. MILLER: Mr. Chairman, your next speaker is Sally Woliver. She'll be followed by Susan Calkins. MS. WOLIVER: Good morning. For the record, I'm Sally Woliver and a member of-- voting citizen and community member of Tim Nance's district. And I want to thank you-all very much for the opportunity to speak. I want to talk to you a little bit about something I know you're going to want to hear about; risky business. How many of you have seen this report that was issued nationally a year ago? Have any of you had a chance to look at this? I know, Penny, I think you have. Donna, perhaps. This is really important because it talks about the economic risks of climate change. I'm going to leave my copy of the report with my friend Leo. Page 52 June 23, 2015 MR. OCHS: Thank you, Sally. MS. WOLOK: And I'm going to email you each a copy to read. What it looks at is the economic risks of sea level rise and why it's so important, especially in a community like ours. Judy, when she spoke earlier, said it very well, that we are the third county at risk in Florida. We're trying to do everything we can as a county, and certainly all of you are, to attract business to this area. If you're looking at relocating your business, how likely are you to look first at a county that is addressing sea level rise in their planning? Pleased to hear the remarks this morning that we are going to be supporting Donna Fiala's proposal and that staff is being directed. There's a group of us, private citizens, members of the League of Women Voters, that stand behind you ready to work with you, ready to help alleviate staff time, and do something to keep this a great county to live in. Thank you for your time. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is Susan Calkins. She'll be followed by Joseph Doyle. MS. CALKINS: Good morning. I am here as a representative of the League of Women Voters and speaking for our president of the Collier County League. The focus for sea -- the issue of climate change and the effects of it, like sea level rise, have been an issue for the League nationally as well as locally for some time, and that's why I'm here today. And I think that to respond -- rather than read my whole statement now, but to respond to some of the things that have been said, I think that as a county, our Floodplain Management Plan does certainly acknowledge that climate change and sea level rise, to use their -- the specific words, the quotes, is we are particularly vulnerable. It's a major threat for us, and they identify the various reasons why and, Page 53 June 23, 2015 quote, an elevated storm surge due to sea level rise could produce a cascade of consequences affecting things such as land-use infrastructure facilities, waterway navigation, the local economy, public health and safety, drinking water supplies, and ecosystems. That's Page 55 of our Floodplain Management Plan. The other thing that's in that Floodplain Management Plan -- I mean, it's a pretty interesting document. But one of the things it says is that the county is not obligated by this document to implement any of the projects which are suggested to adapt to and to mitigate the effects of climate change. So I -- from our perspective as a league, one of the things that we feel strongly about, having looked at what other counties are doing, not only on our coast but on the other coast, is feel that we need to really be more focused on our plan to address sea level rise. And I think there's probably a lot going, and maybe that idea of the workshop where we put forth all the things that are really being done to adjust or adapt to climate change, that would be, I think, particularly important, and working regionally is, too. But if you look at Florida Department of Economic Opportunities publication, how county states (sic) in Florida address sea level rise, you'll find that all kinds of counties near us have plans, but we're not mentioned there except in conjunction with Charlotte Harbor climate change. So I think that we need to do that. And as a P.S. to that, I think the Regional Planning Council has focused on this in the past, but we need to revisit that strongly at a regional basis, make sure that our data is accurate and contemporary, and we would need to move forward both, I think, for our own county and working regionally, both. So thank you for your time. I appreciate that. CHAIRMAN NANCE: Thank you. MR. MILLER: Mr. Chairman, your final speaker on this item is Page 54 June 23, 2015 Dr. Joseph Doyle. He's been ceded additional time from Sandra Doyle and from Jared Jones for a total of nine minutes of time. DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle. I notice I have to wear my reading glasses these days. Anyway, I'm here -- the other two have ceded their time, but I'm not going to take the nine minutes. It's more just to let you know that there are people who support my point of view, which is going to be the contrary point of view to what you've just heard from these other speakers. First of all, I was -- I would like to ditto what Commissioner Henning had said. I thought this was already settled with direction to the County Manager back in November. When I saw the executive summary, I was quite concerned that it said there would be no additional staff resources requested outside of budgeted staff resources. Mr. Ochs and his staff already have several projects on their plate. And this, as far as I'm concerned, is an impact to our budget. The other thing is that it's just a little disingenuous from what I've been hearing from all of these previous speakers about having a citizens committee. Let's make no mistake about it, first of all, the science of climate change has not been settled. We have two camps. We have not had the debate, at least in this county, to finalize it, okay. One of your speakers indicated that there was a summit a month ago at FGCU but, quite conveniently, one of the critics of this whole thing about climate change and sea level rise, Dr. Witherby (phonetic), was not one of the speakers. If you look at the brochure that you've been given and look at the agenda, all of these are really one-sided type of speakers as to what's going on, all right. Now, the other thing is, it's been quite clear that there is a problem on the East Coast with sea level rise, but it hasn't been proven necessarily that it's a severe problem over on our coast. Remember, Page 55 June 23, 2015 they're the Atlantic. We're the Gulf. And it is very complicated. Again, the science is not settled. Now, I know that when the speaker in November came, there was all talk about this big flood that we had in July because we had the big rainstorm. Well, we all know that these storm sewers at best can handle two to three inches an hour. When you get five or six inches in a downpour in one hour, you're going to overwhelm our systems, that's true, but that doesn't mean that the sky is falling in, we have to yell Henny Penny, and go through all of this with planning for sea level rise. I would like to say that we actually do, in some respects, have a moral hazard here. And John Stossel, who has reported several times about how -- about national flood insurance, has pointed out that he's had -- because of flooding, he's had his home rebuilt twice on the beach. Well, quite frankly, we knew this when we moved to Florida, that if you're going to live close to the water, if you're going to live even on the beach, it's the assumption of the risk. The moral hazard is, is why should the taxpayers -- I'm looking at this from the taxpayers' standpoint -- point of view. Why should the taxpayers have to bail out these people who get flooded? If you're going to build on the beach, that's your problem, you know. Now, you should probably own your property free and clear, because I can understand why the bank would want you to take out flood insurance. But there's the moral hazard, okay. I think that this implication that it's going to be an economic impact, people aren't going to want to relocate their businesses here and this and that, I think it's a ploy, all right. If nature and God are going to eventually reclaim this land in the next 50 to 100 years, so be it. We cannot defy that, okay. And that's what the argument is. That's what a big part of the argument is. Page 56 June 23, 2015 I will say this, though, having a Southwest Florida --joining some type of compact is a step into the wrong direction because eventually -- this is really a ploy of the Agenda 21, which is put through the United Nations. You will be giving up your rights if you sign into that compact. We want local control. Collier County should have its own destiny. And I also have problems with the fact that this group wants to form possibly an ad hoc committee. Who do you think is going to be on the ad hoc committee? It's all going to be one-sided. If you do form a committee, which I really don't want you to have anyway, but if you do form a committee, I think they should all be appointed and be in the sunshine and be totally representative of both sides of the issue. So I really came here today because I'd seen this executive summary and was concerned that action was going to be taken. But if you're not going to be taking any action, that's fine. But I do still think that we need to have both sides of the issue represented when we do get to that point. Thank you. CHAIRMAN NANCE: Thank you. MR. MILLER: That is all your speakers on that item, Commissioner -- or Mr. Chairman. CHAIRMAN NANCE: Thank you. Well, ladies and gentlemen, Commissioners, we have a motion on the floor to hear a presentation in the future, and a second. Before we take a vote, I will say that this issue is clearly going to have to be addressed in a comprehensive regional fashion, and the Regional Planning Council is our best and strongest regional entity today, which is why we received the direction on November last to go forward in that way. I don't think there's going to be anything that's going to be very rapid that's going to occur, but I think it will come forward with Page 57 June 23, 2015 something that will be meaningful. I look forward to hearing a presentation and seeing what other information or recommendations we can get. But at this time, is there any additional comment? COMMISSIONER TAYLOR: I just want to thank the indulgence of this commission to hear the speakers. Thank you very much. CHAIRMAN NANCE: Yes. Thank you for taking your time and coming in and addressing this issue. I know it's going to be something that's going to occur again and again. Hearing no other comments, all those in favor of the motion, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: It passes 4-1 with Commissioner Fiala in dissent. Item #1 1 A AWARD OF INVITATION TO BID #15-6455, FREEDOM MEMORIAL MONUMENT, TO GATES CONSTRUCTION IN THE AMOUNT OF $1,377,971 AND AUTHORIZE THE CHAIRMAN TO SIGN THE CONTRACT; DELEGATE TO THE COUNTY MANAGER OR HIS DESIGNEE THE AUTHORITY TO CARRY OUT ADMINISTRATIVE AND MINISTERIAL ACTIONS NECESSARY TO IMPLEMENT THE BOARD'S DIRECTION DURING THE BOARD'S ABSENCE; AND THE Page 58 June 23, 2015 NECESSARY BUDGET AMENDMENTS — APPROVED MR. OCHS: Mr. Chairman, that brings you to Item 11A, which was the recommendation to approve award of Invitation to Bid 15-6455 for -- to Gates Construction in the amount of$1,377,971 for the construction of the Freedom Memorial monument and to authorize the Chairman to sign the contract. COMMISSIONER HENNING: Move to approve. COMMISSIONER HILLER: Second. CHAIRMAN NANCE: Any discussion? COMMISSIONER HENNING: Yeah, we need to hear from the speakers. CHAIRMAN NANCE: Do we have speakers? MR. MILLER: I do not have any registered speakers for this item. CHAIRMAN NANCE: If we have no registered speakers, I will call the question. 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: That passes unanimously. And at this time we're going to take break for the court report until 11 o'clock. (Applause.) (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. Page 59 June 23, 2015 CHAIRMAN NANCE: Yes. Mr. Flanagan has just passed out a little bit of information -- Commissioner Henning, did you get one -- a little bit of information regarding what's going on at the Regional Planning Council related to the past item, 10A. I believe at this time that takes us to our time-certain; does it not, Mr. Ochs? Item #11K GUIDANCE TO THE COUNTY MANAGER IN RESPONSE TO THE CLERK OF COURT'S UNILATERAL DECISION TO WITHHOLD PRESENTATION OF SELECTED EXPENDITURES TO THE BOARD FOR DETERMINATION OF VALID PUBLIC PURPOSE AND PAYMENT AUTHORIZATION - MOTION DIRECTING THE COUNTY ATTORNEY TO FILE A COURT MOTION COMPELLING THE CLERK TO MAKE PAYMENTS UNTIL A COURT DECISION IS MADE ON THE PENDING LAWSUIT — APPROVED MR. OCHS: Yes, sir, Mr. Chairman. That was your add-on item, Item 11K. This is a recommendation to provide guidance to the County Manager in response to the Clerk of Court's unilateral decision to withhold presentation of selected expenditures to the Board for determination of valid public purpose and payment authorization. Commissioners, I brought this item forward as a discussion item. Very brief history; when the county staff arrived at work yesterday morning, we had discovered that during the -- over the course of the weekend, without notice to my office -- and I don't know if the Board was notified. I don't believe they were -- more than 600 invoices for payments to contractors and reimbursement for expenses incurred by county employees were summarily rejected with new explanations that Page 60 June 23, 2015 we had heretofore not been given as explanations and not consistent with either the Board's purchasing policy or your past practices and procedures with regard to the payment procedures and processes for these types of invoices. So we're talking about withholding payments to vendors. You know, we're looking at more than $325,000 worth at the last count. I'm told by our procurement services director that since the time I authored this yesterday and this morning there's more than 800 of these invoices that have been rejected for these new reasons that had heretofore not been applied to these purchases. So I wanted to bring that to the Board's attention. It's regrettable particularly with respect to any adverse impacts that may be a consequence of this incurred by vendors that have entered into work with the county in good faith, and payments, at the very least, are going to be, it appears, delayed. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. Leo, with respect to these particular payables that he's withholding from present -- from presenting to the Board, are there any other pre-audit exceptions, or is that the only exception that he's claiming with respect to those vendors that you've just described as being part of that pool that he's prohibiting? MR. OCHS: For the items that I've identified in this executive summary, to the best of my knowledge, those are the only reasons given at this point for the rejections. COMMISSIONER HILLER: So, otherwise, the pre-audit has been completed on those payables? MR. OCHS: Well, Commissioner, I don't know. I think you'd have to obviously ask Crystal at the end. COMMISSIONER HILLER: Let me ask Crystal. Crystal, is the pre-audit complete on those payables? Page 61 June 23, 2015 MS. KINZEL: No, Commissioner, because part of the pre-audit function includes the requirement that we validate for legal purposes and Board approval -- COMMISSIONER HILLER: Except for that -- go ahead. MS. KINZEL: I'm going to try to finish the answer. COMMISSIONER HILLER: Go ahead. MS. KINZEL: Part of our process to pre-audit includes the determination that the Board has approved the expenditure and that it serves a valid public purpose. Primarily it's determined by the Board of County Commissioners but validated by our office. We do that as part of the pre-audit process, so we weren't able in the cases that are referenced -- and I don't have the specificity to these. We received this this morning. I'm not -- I've not vetted the particulars that Ms. Markiewicz might have come up with, so we'll be glad to go over and look at those, but it really is rather routine on most items. We reject items all the time back to the department for a variety of reasons. These are for this particular reason. And I wouldn't want anyone to lose sight of the fact that we have, I think it's about -- it's over 16 million was processed in the last two weeks compared to the 300,000. So I really would not want the vendors to get a misperception that nothing's being paid by the county or that payments are being withheld. What is being withheld is the validation of our pre-audit function. And on these items, we've been unable to verify them so we've asked for additional information back from the county departments. COMMISSIONER HILLER: I'm not clear on your answer. Have you done everything with respect to pre-audit testing except for getting what you feel is the necessary approval from the Board? Have you done all the other testing, or have you not done any of the other testing? MS. KINZEL: Commissioner, I don't have specificity as to the Page 62 June 23, 2015 list that's being referenced in your executive summary, so I really can't answer that question in detail. COMMISSIONER HILLER: Okay. Well, let me just make a couple of comments. The Clerk of Courts does have to pre-audit the payables; however, once he has completed that pre-audit, the Clerk should note whatever the exceptions are that he's identified in that pre- audit, and then he should move that payable to the Board for resolution through our staff. Now -- thank you very much -- to the extent that he is withholding these payables from coming before this board because of an exception, as the one Crystal has described, in his mind -- or what in his mind is an exception, and refusing to make payment as a consequence of what he deems to be an exception, the Clerk of Courts is usurping the Board's authority. The Clerk of Courts does not have the discretion to decide whether or not a payable should be paid. That is vested solely with the Board of County Commissioners. And what should happen is that once the Clerk has identified his exceptions through his pre-audit testing, that payable should come to the Board, and the Board should decide how those exceptions should be resolved and whether they are deemed acceptable or unacceptable to the Board. And the Board then has to decide whether or not the expenditure presented for payment serves a valid public purpose. The Clerk cannot substitute his judgment for ours. The Clerk cannot make the decision to withhold payment. The Board has liability. If the Board authorizes an improper payment, the Board has liability under Florida Statutes, just like the Clerk has liability under Florida Statutes if he improperly pre-audits and says a payment in his opinion is legal, or I should say an expenditure is legal. But at the end of the day, payment is at the discretion of the Board of County Commissioners. Page 63 June 23, 2015 So I think what we need to do to resolve this situation is I think we as a board need to direct the Clerk bring forward all payables that have been pre-audited, and he can note what he deems to be an exception with respect to that pre-audit, and then we as a board should review those pre-audited payables, review those exceptions, and if in our determination we believe he is correct, we should not authorize payment, and if we deem that he is incorrect, we should authorize payment. And, secondly, we at the same time to the extent that we deem that the exceptions don't compromise the legality of the payable, we will find a valid public purpose with respect to those payables, and we as the Board are the ones who at that point in time authorize payment. The Clerk will try to argue that he is the custodian and that as a consequence we don't have the ability to authorize payment unless he authorizes payment alongside us, and that's not true. In fact, the Florida Legislature in 2005 made it very clear in Florida Statute 218.45, that -- let me just specifically reference the section. It's in Section 23D -- that the Clerk is not the custodian of the county's cash. In fact, what it says specifically is that the selected depository, in other words, the bank that we select, becomes the custodian of the unit of local government with respect to each financial deposit instrument for its account. So we are the final deciders. We are the only ones that have the discretion to pay or not pay. The Clerk does not. He is not the custodian of the county's cash. Those are held in custody by the bank depository. And very importantly -- and this is what this statute that I'm going to reference next specifically provides, which is 136.06 -- clearly each check or warrant drawn from those depositories will be signed by the Chair of the Board, not cosigned by the Chair and the Clerk. And you have to read a statute as written, and that's how it's written. Page 64 June 23, 2015 And it says that the Chair's signature will be attested to by the Clerk or secretary of said board with a corporate seal thereof affixed. So the Clerk can't use his signature on checks or warrants issued by the county, or I should say withholding his signature on checks or warrants of the county as a basis to deny these vendors payment. So I think the -- you know, one of the solutions, which is what I would consider a non-litigious, peaceable solution is to -- as I said, let's direct the Clerk to advance those pre-audit the payables, the ones that the County Manager just described are now being withheld from payment by the Clerk, to the Board of County Commissioners, let's review what the Clerk has identified as an exception, and let's take responsibility and make a decision whether or not we find that exception is valid or not, and if not, then let's move forward and approve that these payables -- the underlying expenditures serve a valid public purpose and have the Chair sign those warrants. Let's appoint a secretary to the Board, and let's have the secretary of the Board attest to the Chair's signature exactly as provided by the statute, and let's get these vendors paid. Because the Clerk's argument is very clearly wrong, and it is very clear from our statute, from -- I'm sorry, from our ordinance and from the -- and from Florida Statutes that what we have been doing for the past 15 years is absolutely correct. CHAIRMAN NANCE: Commissioner Hiller, I'm going to make a couple comments, and then I'm going to go to Commissioner Henning. The Board of County Commissioners in Collier County has a purchasing policy. We confirmed it again today by a vote of the Board. It's a policy that has been substantially the same the entire time the Clerk of Courts has been in elected office in Collier County. He has chosen for the vast majority of that period of time to work under that policy. It is only recently he has suggested that the policy is Page 65 June 23, 2015 somehow illegal and has suggested to the Board of County Commissioners that he was going to pursue court action to determine if, indeed, that policy was legal. Through my votes, I fully endorse that. I absolutely do not want to proceed with a policy that is illegal, and I fully endorse letting the Court make a determination based on our policy and based on everybody's performance and the issue as a whole whether it is a legal policy or not, and we can await that decision. In the meantime what we have is we have a unilateral decision not to pay selected invoices, which is okay if it functions within the interlocal agreement we have with the Clerk. But the Clerk does not choose to honor the interlocal agreement he has with the Board which outlines a policy for dispute resolution. It outlines a series of events that are to take place if his pre-audit suggests that an expenditure is not to be paid. And if he so chooses to do that, he can certainly do that, and staff will respond as is called for in the purchasing policy in our interlocal agreement. But I sincerely doubt that since Friday, June 18th, that the Clerk has done a pre-audit on 800 transactions and deemed them all to be somehow lacking. So my concern is shared with Commissioner Hiller's remarks that the most important thing for us to do is to realize that we have to continue to function. We have a purchasing policy. That's the only policy we can act under. That's the only policy the Clerk can act under until a court rules otherwise. We have to conduct business in the county, and we have to go forward, and we have to have people that should be paid get paid and those that somehow fall short of our system be treated as the system provides. So I am very concerned that we're not meeting our obligation to our vendors and, just as importantly, to our county employees. Page 66 June 23, 2015 So I'm going to ask the County Attorney for his recommendation or his opinion on what action we have as an option to compel these payments to be made until the Court can take action on the issue that's under review. MR. KLATZKOW: If what you want to do is to compel payment, that will require an order of the Court. To get that order of the Court, the Board of County Commissioners would have to bring suit against the Clerk seeking this injunctive relief. COMMISSIONER HILLER: I make a motion we do that. COMMISSIONER FIALA: I'll second the motion for discussion. I don't -- I don't know quite yet what the ramifications are, but I would like to hear it. CHAIRMAN NANCE: Well, we'll have discussion. Let's go to Commissioner Henning and continue with our review. Commissioner Henning? COMMISSIONER HENNING: Commissioner Hiller said that we need to direct the Clerk of Court to make payment. COMMISSIONER HILLER: I didn't say that. COMMISSIONER HENNING: Put it on the agenda -- actually put it on the agenda. So the question to the County Attorney is, do we have authority over the Clerk of the Court? MR. KLATZKOW: No. COMMISSIONER HILLER: I didn't direct. I didn't say that we direct. COMMISSIONER HENNING: Why don't we have authority over the Clerk of the Court to give direction to him? MR. KLATZKOW: The Clerk is an independent constitutional officer. That's why if you wish to compel action by the Clerk, it would require a court order. COMMISSIONER HENNING: Right. And how long would that take? Page 67 June 23, 2015 MR. KLATZKOW: I don't know. COMMISSIONER HENNING: It could be a while, correct? MR. KLATZKOW: If the issue is nonpayment of vendors, I do not think it would be that long, no, sir. COMMISSIONER HENNING: Okay. Well, let's look at the issue. If you look at the add-on item on the executive summary, the County Attorney -- or County Manager is saying through his executive summary -- for travel reimbursements saying, I believe is the Clerk, please provide evidence that the BCC has specifically approved the expenditure to this employee. Now, is that a denial of payment, as stated by the County Manager, or is it a question? What is it? MR. OCHS: Sir, it shows up in your system as a rejection of the invoice request for payment processing. COMMISSIONER HENNING: And is the rejection because they need more information? I mean, what you put in here is -- and I'm assuming this is coming from the Clerk -- please provide evidence that the BCC has specifically approved the expenditures of this employee. Is that the reason? MR. OCHS: That's one of the reasons, yes, sir. COMMISSIONER HENNING: Okay. The next one is goods and services of purchases. Please provide the agenda item to where the expenditure to this vendor or expenditure of these goods at the rate was specifically approved by the BCC. Is that why it was rejected? MR. OCHS: In some cases, yes, sir. COMMISSIONER HENNING: Okay. MR. OCHS: So he knows full well that those purchases were below $50,000 and the Board did not approve them. COMMISSIONER HENNING: All right. Well, you're providing a little bit more information than on your executive summary and the discussion. Page 68 June 23, 2015 MR. OCHS: Yes, sir. COMMISSIONER HENNING: So the real issue goes back to what's in the courts now -- MR. OCHS: In part, sir, yes. COMMISSIONER HENNING: -- is he's forcing an issue that he tried to -- and some may call it a dispute resolution on an interlocal agreement. He was trying to work with staff and this board until somebody decided to run for the Clerk's Office -- tried to compel them to comply to the law under Florida Statutes. 125.74 states the County Manager shall negotiate leases and contracts subject to the Board's approval. That's the whole thing that's in the courts. So we want to take -- spend the taxpayers' -- more of the taxpayers' money, Commissioner Nance, to compel an issue that is going to be answered anyways? CHAIRMAN NANCE: No. I suppose, sir, we want to just shut down the entire Collier County Government while the Courts are thinking about it -- excuse me -- and we're not going to do that. We are going to remain with our policy that is in effect and has been in effect for 15 years and was revalidated today until the Court determines it. If the Court determines it's illegal, then obviously we're going to have to do something else. But why do we want to hold our vendors and our citizens and our employees hostage while the Clerk goes through this game of cat and mouse waiting for a court determination? This is unconscionable action by the Clerk to take his issue, which he wants to determine in court, and use these people as personal pawns and abuse them while this is being determined. Let's just let it be determined and go on down the road. That's what we need to do, in my view. COMMISSIONER HENNING: Let me finish here. Let me finish here. Page 69 June 23, 2015 You want to compel the courts to take action to pay these bills. You want to spend more of the taxpayers' money. Here's a reasonable action that this board can take is direct the County Manager to put these expenditures on the agenda for the Board's approval and to see it fits the valid public purpose. That is an action that we can do today is get these items on the agenda. And we don't have to wait on the courts. We don't have to wait till interrogatories and all the other stuff that goes along with putting things in the courts. We can take action today. We can take action at the next meeting. That's my proposal. But you've got a motion and a second to spend more -- waste more of the taxpayers' money, so I'm ready to vote on the stupid motion. CHAIRMAN NANCE: Mr. Ochs, are there any of these transactions that have been presented to you? Have you received a list of the transactions that are being withheld by the Clerk, sir? MR. OCHS: Commissioner, our procurement services director has run a report based on the information that was placed by the Clerk's department in the financial system, and that's how we developed this list. So, yes, we know what the expenditures that are -- have been rejected are and for what reasons. And these are reasons that, until this weekend, have never been written into the financial system as reasons for rejections. CHAIRMAN NANCE: Okay. Is it your suggestion that each and every one of these transactions that's been presented to the Clerk for payment has been processed and delivered to the Clerk through the existing purchasing policy that's been approved by this board? MR. OCHS: Yes, sir, that's my understanding. CHAIRMAN NANCE: Each of these transactions has been approved through the existing purchasing policy that's been approved by the Board of County Commissioners, has been delivered to the Page 70 June 23, 2015 Clerk, and the Clerk has decided to reject them based upon the concept that the purchasing policy does not provide the specified evidence of approval? MR. OCHS: Not for all, sir. Those -- for the transaction with vendors I would say that's correct. For the withholding or rejection of reimbursement to employees for travel expenses, I'm not sure that that's all covered in your purchasing ordinance completely. It's covered in Florida Statute obviously. And, for example, $15 mileage reimbursement has been rejected because suddenly now for the first time, we have to somehow provide the proof that a particular individual for a particular travel reimbursement for a particular training event has been specifically approved. It's in the budget. It's always been a part of your budget. And, again, until this weekend, we've never, to my knowledge, been asked to provide that level of detail. CHAIRMAN NANCE: But each one of these transactions has been forwarded to the Clerk based on a legal basis of approval? MR. OCHS: Yes, sir. CHAIRMAN NANCE: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Commissioner Nance, you were very articulate. You made the point perfectly. The Board has a purchasing ordinance, and that purchasing ordinance is deemed valid until overturned by a court of law. In fact, any action taken by the Board of County Commissioners is deemed valid until it's overturned by a court of law, and the Clerk has to act accordingly. He doesn't have the unilateral discretion to decide whether what we as a board have decided is policy or local law is valid or not. He must conform until a court says otherwise and, therefore, he must do Page 71 June 23, 2015 what he is limited to do by law, which is to pre-audit. Law has not given him the power to decide whether or not something should be paid. The only body politic that can decide whether or not there is approval for payment of a county expenditure is this Board of County Commissioners, and he cannot decide that. And as a result, he needs to do his pre-audit, turn those payables over to the Board, and allow us to decide whether or not we deem it appropriate to pay these vendors. In the absence of him doing that, then I think we need to do exactly what the County Attorney has advised, and that is we take this matter before a judge and let a judge order payment be made for these vendors. MS. KINZEL: Commissioner Nance? CHAIRMAN NANCE: Yes, ma'am. Ms. Kinzel? MS. KINZEL: Yes. Just a couple of things that Commissioner Hiller pointed actually somewhat makes the Clerk's point in our assessment of a legal purpose. We absolutely agree with you. This Board of County Commissioners is the one that has to determine the expenditure is valid from your perspective. The next step is, then, that the Board, independently and separately -- and there is much law out there regarding that issue. He reviews the validity, the Board's approval, and the invoices add up, that they're appropriate. That is a subsequent act to this board approving an expenditure. And we agree, the Board needs to make the determination of that expenditure, absolutely, first and foremost. And the Clerk does not even review those items until the Board has made a determination that those expenditures are valid. So our audit function comes after the Board's action and after, then, staff is authorized to make the expenditure. Those things should be done up front before an expenditure is even made, and then the Clerk reviews those in a pre-audit function before we disburse the Page 72 June 23, 2015 funds in payment. That's the process that has been followed for years and years. And I just need to clarify that, because we do recognize the Board's authority. That's part of what this entire issue is, that we are looking to this board to approve these contracts and agreements that staff have signed and issued to vendors. We notified vendors, so there would be no detriment to vendors, that this was occurring. It's a relatively small amount that we can begin working towards. That's what was issued back to the departments. And, really, that's the point of bringing the stuff to the Board of County Commissioners before it comes to the Clerk. CHAIRMAN NANCE: So you're telling me that none of these 800 transactions have to do with the fact that the Clerk has deemed that those have been lawfully approved? MS. KINZEL: No, Commissioner. Our question is because we have been unable to determine that they have been approved by this Board of County Commissioners. And if we are unable to make that determination, we can't determine that it's a legal payment. So we have asked the questions of county staff to please provide where those approvals have been forthcoming. Those were the questions asked. CHAIRMAN NANCE: Does the Clerk have a copy of the purchasing policy? MS. KINZEL: Yes, we do. CHAIRMAN NANCE: Has he read it? MS. KINZEL: Yes, sir. CHAIRMAN NANCE: So you're saying that these 800 items are not covered by the purchasing policy? MS. KINZEL: Commissioner, they require additional information and an action of the Board that we can validate for us to make a legal payment. Page 73 June 23, 2015 CHAIRMAN NANCE: So we're at a loggerhead. MS. KINZEL: No, Commissioner. It is quite -- it's quite simple. If those expenditures come to the Board, which the list is already held by the County Manager, put them on an agenda. We've been saying that for three months. All that needs to happen is put the list for the Board to approve. Then the Clerk reviews it for a pre-audit function and issues the disbursement. Quite simple. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Just a point of correction. I don't believe our County Attorney advised us to do anything. I think he provided information based on Commissioner Nance's question. Second of all, I would like to ask the County Attorney if we could, indeed, take the list that we have here -- I believe Ms. Markiewicz has it in her hand -- and add it to this agenda today. COMMISSIONER HENNING: Problem solved. MR. KLATZKOW: Here's your issue. Here's your issue. You're about to go away for two months, all right. So if we're going to take the position that we will put all of these payables on a -- in a report and the Clerk will wait until the Board approves it, I don't know what you do for the next two months. So you have that issue to deal with. The second issue you have to deal with is I've never heard the Clerk say that he would accept ratification, all right. If the Clerk is now going to say he'll accept ratification, that's a new twist, and I think it's a positive movement. If the idea is to have a payment report that goes to the Board -- in all agreements it goes to the Board in a formal report and the Board approves that, if that satisfies the Clerk, that is one possibility. But I will tell you that you do have a Prompt Payment Act here, all right. And I don't know how you get through these breaks that the Board takes. COMMISSIONER TAYLOR: But be that aside, and I don't Page 74 June 23, 2015 mean to interrupt you. Are we able to take this list that is here in this room today and add it to our agenda for approval? MR. KLATZKOW: Can you do that? Yes. But at the end of the day, you've had no chance to review that list. You have no idea whether or not those expenditures are -- are valid. COMMISSIONER TAYLOR: Then we could put it on at a next meeting? MR. KLATZKOW: You could put it on for your next meeting, yes. COMMISSIONER TAYLOR: And I believe we have a workshop on Thursday, and it could probably be added to a workshop. But could we not have a meeting established? Can we -- MR. KLATZKOW: You have one more meeting before your break that you could do this, but now -- look, this is your purchasing policy and this is your purchasing ordinance, okay. If it is your wish to change that, that is your prerogative, all right. What Ms. Kinzel is telling you is that the Clerk is, in essence, asking for that change, and that's up to you whether or not you want to do that. If you don't want that change, you don't have much choice but to compel a payment through a court order. MR. OCHS: Mr. Chairman? CHAIRMAN NANCE: Sir. MR. OCHS: I would just respectfully like to remind the Board that Ms. Markiewicz and I are engaged in active litigation brought against us by the Clerk. This board decided not to join that action, and that's fine. But to be having these discussions that may impact my defense or the defense of Ms. Markiewicz without our attorneys present and being somehow, you know, strong-armed into making a policy change that may impact that active lawsuit, I think, is ill-advised, at least from my perspective. CHAIRMAN NANCE: Mr. Ochs, I think it's clear that the Board Page 75 June 23, 2015 has an established methodology of approving expenditures. MR. OCHS: Yes, sir. CHAIRMAN NANCE: We have it. It is being contested by the Clerk of Courts. That's okay. I don't -- I do not object to that. MR. OCHS: Nor do I. CHAIRMAN NANCE: I actually at this point really would like to know, personally, if we're following the law or not. I think it's questionable, okay, what the outcome is going to be. I don't know what the outcome is going to be. I'm sure every other county in the state and every other clerk in the state is also anxious to see what the courts determine on this, since they're all working the same way we are. I don't think that Collier County is doing anything irregular. And the purchasing policy has been set up -- and we've discussed this ad nauseam. I'm not going to go over it today. But it is set up this way so that the County Manager's agency can manage the county and can expend money in a timely fashion to conduct the business of Collier County. As I stated before, the Board of County Commissioners does not -- is not the operational arm of the county; the County Manager is. And the County Manager has to have the ability to direct his staff to conduct the business of the county even in the absence of the Board of County Commissioners, all right. We have to have a provision for that. And this purchasing policy, I think, is very well thought out, and it does that; it gives the County Manager a reasonable amount of leeway to conduct business on the idea that the Board is going to come back through the elements of the purchasing policy and approve each and every one of these expenditures in one fashion or another, as is outlined by the policy. So if the policy is in error or illegal, I certainly would like to know. But in the meantime, I see no reason to beat up our vendors and Page 76 June 23, 2015 beat up our employees. MS. KINZEL: Commissioner Nance? CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Thank you very much. You know, I'm going to weigh in on this, first of all, to say we've authorized the County Manager years ago -- actually about 20 years ago. We authorized the County Manager to conduct the business of the county and pay the expenses under $50,000. We're not always here. Sometimes we're gone over, say, the Christmas holiday or the Thanksgiving holiday, and certainly we're gone when we're in recess in the summer. The county -- if we had to do this every single -- for every single expenditure all summer long, no one would get paid. And can you imagine how high the prices will go on what the vendors charge us because they're not sure if they're going to get paid or not. And so, you know, our taxpayers suffer with that. If the taxpayers have to pay a higher rate because they don't know if they're going to get paid at all, that's very, very tough on taxpayers, and I worry about that tremendously. We gave the County Manager this authorization for reasons just like this, for when we're gone. We're going to be leaving in a couple weeks, and now he's going to have to run this county, but we're not going to be here to ratify anything. Up until three months ago, all 67 counties in the State of Florida always operated this way; 66 of them still do so that they can function and run a business and be a savings to the taxpayer. Now, we don't ever have to authorize the county Clerk about his expenditures. We never see them. He never has to come to us and say -- to say, can I pay this money for all these attorneys to sue you? Nope. He just continues to do that. So he's the only one that can authorize us. We cannot authorize him. Page 77 June 23, 2015 Our policy was set in place, but apparently our policy doesn't apply as far as the Clerk's interpretation goes and, as you can see, it bothers me. Then, for instance if we ratify everything at the next meeting, if it doesn't -- if our ratification of the public -- of the valid public purpose doesn't meet his approval, he can stop it anyway. So what good is ratification if it's not going to meet his approval or if he doesn't like what we do? It's -- folks, if you don't realize, this is very disconcerting, and the taxpayers are the guys that are going to have to pay for it. Thank you. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: We have a purchasing ordinance. That purchasing ordinance is deemed valid until overturned by a court of law. The Clerk of Court has to respect that ordinance as written because it is the law. We have a County Manager who is engaging in nothing more than an administrative function. He is making purchases. He is not authorizing payment of those purchases. We, as the Board of County Commissioners, are making the decision whether or not those purchases ought to be paid, and we are making those decisions in accordance with our purchasing ordinance. There is no statute that requires a specific type of approval. It provides -- the statutes provide there shall be approval by the Board of County Commissioners. That approval could be pre-approval, that could be approval prior to authorizing payment, or it can be approval after payment, which is ratification. And we have, as a board, decided by law when that approval, that statutorily required approval, will be made. It's the law, and the Clerk must follow the law. It is not for him to now decide that he finds our Page 78 June 23, 2015 law to be improper and, therefore, he will choose to conduct himself in a different manner. We are governed by the law before us, and that is the law we have to respect, and that is the law that he must respect until or if a court deems otherwise. COMMISSIONER HENNING: When. COMMISSIONER HILLER: So I'd like to call the question. COMMISSIONER HENNING: It's when. CHAIRMAN NANCE: Let's go to Commissioner Taylor. COMMISSIONER TAYLOR: Because I have the advantage of sitting next to Ms. Kinzel, I think you wanted to speak before, so -- MS. KINZEL: Oh, I'll wait for your comments. COMMISSIONER TAYLOR: No, no. My comment was to hear from you. MS. KINZEL: Oh, okay. Thank you, Commissioner. Several things have been put on the record. Actually, Commissioner Hiller, the Clerk does have an independent obligation and a legal responsibility to assess anything that transpires prior to payment being made but after approval by the Board of County Commissioners. Additionally, Commissioner Fiala, the statement that no one gets paid, I think that is scary to the public. I think it's unreasonable. We just approved $16.4 million on today's agenda to pay vendors that were appropriately approved, appropriately contracted and moving forward. This is a minor amount that have been determined to have a lack of specificity or a lack of information to enable us to properly process the payable. So the majority of your vendors are being paid. These are not. We've asked for additional information. The Clerk and Jeff-- the Clerk has made very clear several times that ratification under the same circumstances as Frankenmuth allows Page 79 June 23, 2015 would be acceptable to him. The Board has the authority to ratify staff s actions. He has said that on several occasions, and that still continues to be our position. You can ratify staffs actions after the fact under certain parameters established by law, and they are established. So -- COMMISSIONER FIALA: Would he accept that ratification or decide that that wasn't something that met his -- MS. KINZEL: No, Commissioner. He has said if it's a valid legal purchase otherwise and you have ratified staff as accepting or approving the expenditure, then we would make the expenditure. CHAIRMAN NANCE: Ms. Kinzel, the Clerk of Courts has sued the County Manager on the basis that the purchasing policy is illegal. He's already taken that action. He's already decided that this purchasing policy is illegal. I think the Clerk has an obligation to wait for the decision on the courts before he starts wholesale denial of payment based on the fact that he doesn't like the purchasing policy. It's a simple, common, ordinary -- MS. KINZEL: Well -- and, Commissioner Nance, you know, we have been working with the Board for almost two years to try to resolve this issue and get clarification on the contracting. It's unfortunate that the circumstances are where they are, I agree with you. It's in court. CHAIRMAN NANCE: It's in court. MS. KINZEL: We can wait for that. But in the meantime, to expedite payment to vendors, if that is really the goal of this board, you can approve the list based upon what Purchasing puts forward. Before the expenditures come to the Clerk, the Clerk will then do his pre-audit function and determine the legality of payment and that the Board has made a decision regarding the expenditure. And that's our process, and then we bring back the disbursements list to be recorded in the Board's Page 80 June 23, 2015 records. It would be simplified. CHAIRMAN NANCE: It's very clear that the Clerk is taking the action based on the concept that the purchasing policy is invalid. Commissioner Taylor? COMMISSIONER TAYLOR: Well, I guess I'm going to say it many times, and I'll say it again. If I have any desire of the outcome today is that cooler heads prevail. If I could wave my magic wand, the County Manager would sit across from the Clerk today and settle this. This is about power. This is about a silly little sandbox argument that has no basis for the taxpayers' benefit. This is personal, and it needs to stop. Why are we -- COMMISSIONER FIALA: We didn't start it. COMMISSIONER TAYLOR: It doesn't matter who started it. CHAIRMAN NANCE: Commissioner Taylor, it most certainly does, ma'am. The Clerk has sued the County Manager, and the Clerk is refusing to make payments that are validated by this board. The Clerk is the one taking the action. The Board is not suing anybody. The Board is trying to conduct business. The Clerk is refusing to do his job. COMMISSIONER HILLER: Absolutely correct. CHAIRMAN NANCE: Because he wants to fight over the policy of this board. He's refusing to do his job, and he's suing our employees for doing what we asked them to do. Mr. Ochs is of no fault. He has taken direction from us. He's doing his job the way we tell him to, and he's getting sued by the Clerk. COMMISSIONER TAYLOR: As I said, I wish that cooler heads would prevail and that the County Manager and the Clerk would sit together and work this out. MS. KINZEL: And, Commissioner Nance, just one thing that -- Page 81 June 23, 2015 surely, the Clerk of Courts has brought up the issue of the contracting numerous times, and -- yes, but the Clerk has a separate role to play. And to say that our office is not doing our job when, in fact, it is the very specific job of the Clerk of the Courts to determine these things is inaccurate. So I had to put that on the record. I mean, the Clerk's job is to approve it. CHAIRMAN NANCE: I am putting my signature on these transactions. His job is to attest to my signature. If he would do that and wait for this court opinion, I would appreciate it. MS. KINZEL: Okay. But -- CHAIRMAN NANCE: But he doesn't want to do that. He wants to involve our vendors. They sent a letter, a nasty, threatening letter that created consternation to every one of the vendors of the county suggesting that under certain circumstances they might not get paid in a way that they can't even determine. It's up to the Clerk. So I think we're -- MS. KINZEL: No. It really is a process. CHAIRMAN NANCE: I think we're at an impasse, and I'm going to call the question. COMMISSIONER FIALA: Let's hear the motion again. CHAIRMAN NANCE: Let's hear the motion again. COMMISSIONER HILLER: To direct the County Attorney to file a motion to compel the -- how would you like it phrased, County Attorney? To compel the Clerk to follow the Prompt Payment Act and to follow our purchasing ordinance and to immediately pay these vendors. CHAIRMAN NANCE: Until the Court determines otherwise. COMMISSIONER HILLER: Yeah. That's the -- the motion is to direct him to take this to the courts. CHAIRMAN NANCE: For injunctive relief? COMMISSIONER HILLER: Yep. Page 82 June 23, 2015 CHAIRMAN NANCE: Is that your second, ma'am? COMMISSIONER FIALA: Yes, sir. CHAIRMAN NANCE: There's a motion and a second. Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER TAYLOR: Opposed. COMMISSIONER HENNING: Aye. Item #10B THE COUNTY ATTORNEY TO INVESTIGATE AND, IF APPROPRIATE, FILE A LAWSUIT AGAINST H.O.M.E. AS WELL AS ITS EXECUTIVES AND DIRECTORS FOR THE AMOUNT OF $427,472.42 PLUS LAWSUIT COSTS FOR THE MISMANAGEMENT OF CDBG FUNDS ISSUED TO COLLIER COUNTY — MOTION DIRECTING THE COUNTY ATTORNEY TO WORK WITH STAFF AND HUD TO RECTIFY THE EXPENDITURES AND IF APPROPRIATE TO MOVE FORWARD WITH LEGAL ACTION — APPROVED MR. OCHS: Mr. Chairman, that moves you to Item 10B on your agenda this morning. That is a recommendation to direct the County Attorney to investigate and, if appropriate, file a lawsuit against H.O.M.E. as well as its executives and directors for the amount of $427,472.42 plus lawsuit costs for mismanagement of CDBG funds Page 83 June 23, 2015 issued to Collier County, and Commissioner Henning brought this item forward. CHAIRMAN NANCE: Yeah. Commissioner Henning? COMMISSIONER HENNING: Yeah. The issue is if it's appropriate to file a lawsuit. According to HUD, the taxpayers are on the hook for almost a half a million dollars spent by H.O.M.E. and its directors on rehabbing houses. There has been three audits done on this issue, two of them said there's not enough information to see that these monies were spent in accordance to the grant. So, yeah, I make a motion that we direct the County Attorney, if appropriate, take all necessary actions to rectify the expenditures of $427,000, I think it is, and that includes working with HUD, staff and, if appropriate, file a lawsuit against the H.O.M.E. and directors. That's my motion. CHAIRMAN NANCE: Is there a second for discussion? COMMISSIONER FIALA: Well, I think we should hear from staff on this, don't you? COMMISSIONER TAYLOR: I'll second it for discussion. CHAIRMAN NANCE: Okay. We have a second for discussion. Mr. Ochs, could you give us a little update as to where you think we are with HUD and how your office is responding to their letter. MR. OCHS: Yes, sir. I'd be happy to. Our staff, Mr. Carnell and Ms. Grant along with Ms. Belpedio from the County Attorney's Office, had a conference earlier this week with HUD officials in Miami and their legal counsel to discuss the four components of the letter that was sent by HUD to the county board last week. Those discussions are ongoing. We were advised that we have 30 days to provide any documentation or rebuttal information to the letter. We are working, as I said, closely with Mr. Klatzkow's office to Page 84 June 23, 2015 prepare that document. And we already know that at least one of the components of the letter having to do with environmental audits was in error, and we have corrected that through follow-up correspondence to the original letter. We also believe that some of the other information in there relative to some of the other areas would benefit from some additional information from the county to HUD. So it's an ongoing process, sir. I don't believe that that letter required any obligation of the Board to make any payment at any specific time at this point, and I would defer to Mr. Klatzkow for better legal advice there. But at a staff level we are working to put together information that we think would help facilitate additional decisions by HUD as it relates to this grant. CHAIRMAN NANCE: So no one in staff or the County Attorney's Office is considering this a demand letter for payment? MR. KLATZKOW: It's a demand letter for payment, but it's not an order for payment. CHAIRMAN NANCE: And the difference would be what, sir? MR. KLATZKOW: Well, it's easy to ask somebody to pay you. You've got to demonstrate to me that it's something that I actually owe, and that would require an enforcement. I don't know that we owe any of this. CHAIRMAN NANCE: Okay. One of the concerns that I had -- and, you know, people have asked me a couple questions, and I don't really know the answer to any of this. But it seems to me that the administrators at HUD and the administrators on county staff at present are completely different staff members than those who were involved with past deliberations and discussions on these same items; is that the case? MR. KLATZKOW: This goes back a very long time, this transaction, so I have no doubt that many of the people are no longer Page 85 June 23, 2015 involved with it. CHAIRMAN NANCE: Okay. So we're going to -- we're trying to reach accommodations so that people actually understand what the issues are and see one last time before we come to a determination if, indeed, we owe this money or not. Is that the process we're in, Mr. Ochs? MR. OCHS: Yes, sir. That's the process I'm engaged in. CHAIRMAN NANCE: Do we have an opportunity to sue H.O.M.E. or its members, sir? MR. KLATZKOW: I don't know yet. CHAIRMAN NANCE: You need to make that determination then. MR. KLATZKOW: Yes, sir. CHAIRMAN NANCE: So that being the case, can we really make that request of the County Attorney, Mr. -- Commissioner Henning? I'm going to go to Commissioner Taylor, but then I want to go back to Commissioner Henning and -- excuse me. COMMISSIONER FIALA: Hiller and Fiala. CHAIRMAN NANCE: I'm confused. Commissioner Hiller, then Commissioner Fiala. COMMISSIONER HILLER: So as I understand, based on what the County Manager and the County Attorney has said, there's a demand letter but clearly there's no obligation. And we have no obligation till an order is issued by, as I understand in this case, the Department of Justice. As a result, to your point, Commissioner Nance, there is absolutely no legal action that we can take against H.O.M.E. because, as of this point in time, the county has suffered no loss and it would be inappropriate for us to try to sue to recover something that we haven't lost. So I absolutely don't see any legal basis for filing a suit against H.O.M.E. Page 86 June 23, 2015 But, secondly, I have a concern about the statute of limitations both with respect to HUD as well as with respect to H.O.M.E. And I question whether, at a minimum, with respect to H.O.M.E., that even if there were a clawback, that we could recover because of the limitations issue from H.O.M.E. at all. So I don't see now or in the future that a lawsuit against H.O.M.E. could happen, and that's preliminary. There might be a review that suggests otherwise, but at this point in time I absolutely do not see a lawsuit, and for the -- again, going back to the primary reason, and that is the county has suffered no injury that would justify it. So I'd like to make a motion. CHAIRMAN NANCE: Wait a second. We have a motion we have to dispatch of. COMMISSIONER HILLER: What's our motion? Oh, you've got a motion. Oh, yeah, okay. Well, then I'd like to call the question. CHAIRMAN NANCE: Commissioner Henning made a motion, and it was seconded by Commissioner Taylor, but right now we're going to go to -- COMMISSIONER TAYLOR: Yeah, for point of discussion. And I wondered if Commissioner Henning might modify his motion. CHAIRMAN NANCE: Let's go to Commissioner Fiala first, and then we'll circle back. Commissioner Fiala? COMMISSIONER FIALA: Thank you very much. I happened to meet Mr. Barlow when he was first starting this project, and he was just doing this all out of his own money. He never got involved in this at all, and he got contractors to help him. And he was just paying them. And he didn't want any money for this because he was an ultra wealthy man himself, and he just wanted to help other people. That was what he started out doing. Somehow then H.O.M.E. entered into it. But our staff that you -- Page 87 June 23, 2015 you see Kim Grant sitting right there. She wasn't even here then. She wasn't even in the county then. This was handled by other staff members who -- and I'm going to say this as politically correct as I can -- who were not always correct in their filings and didn't follow through on many things. The Clerk caught that over and over on different things, and eventually that staff is all gone because there were problems. And one of them we were talking about right here was the environmental impact. Well, with the environmental impact, they had filed all of their environmental impacts with our staff. Somehow, I don't know how, but the staff didn't get it to HUD. And so -- but Kim has -- Kim has them in her position. Right, Kim? Have you sent it to them? Have you sent a copy to them yet so they can see? MS. GRANT: (Nods head.) COMMISSIONER FIALA: Great. So they have all of that information there. And so we found -- as I was reading through this, I found, like for -- submitted by the county, but the thing is the county was in error. And here was another one, documentation of compliance. Well, it was the county error again. And then there -- oh, my goodness. There were, like, six different places where I found this to be true. I won't go through them and belabor it anymore except that everything was done. It just wasn't documented correctly in most cases. And we've tried to remedy that. Nobody stole any money. Nobody owes anybody, except our staff now must clean up what the other staff left them with, and that is submitting the proper records to HUD. Why this came -- why this surfaced again -- although it's good that it did, because now we're going to get our recordkeeping straight on this whole agenda. But all in all, folks, nobody stole anything and nobody owes anybody anything. We just need to -- our staff needs to submit the Page 88 June 23, 2015 correct information that they've found in our files that had not been corrected before. Thank you. COMMISSIONER HENNING: Point of order. CHAIRMAN NANCE: Sir? COMMISSIONER HENNING: Robert's Rules states that the one that calls the motion is the one that makes the motion or seconds it. So I want Commissioner Taylor to finish her question to me. COMMISSIONER TAYLOR: What I'd like to do, Commissioner Henning, is ask you if you'd modify your motion to reflect what the discussion is at this point what -- in terms of-- COMMISSIONER HENNING: Direction? COMMISSIONER TAYLOR: Yes. COMMISSIONER HENNING: And that would look like direct the County Attorney to investigate and make -- if appropriate, file a lawsuit, also work with staff and HUD to supply the proper paperwork to rectify the issue of an alleged (sic) by HUD that we owe $127,00 -- 427,000; is that it? CHAIRMAN NANCE: Yes. COMMISSIONER TAYLOR: Yes. COMMISSIONER HENNING: Okay. Yeah, that's a part of my motion. COMMISSIONER TAYLOR: So you're modifying your motion to reflect that? COMMISSIONER HENNING: Yeah. COMMISSIONER TAYLOR: All right. And I would second that motion. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: It's inappropriate to direct the County Attorney to file suit based on what we don't even know is going to happen. COMMISSIONER HENNING: That isn't the motion. Page 89 June 23, 2015 COMMISSIONER TAYLOR: That's not the motion. COMMISSIONER HILLER: You said that -- what's the motion? COMMISSIONER HENNING: Geez. COMMISSIONER HILLER: Geez. COMMISSIONER HENNING: The motion is if it is appropriate. COMMISSIONER HILLER: Right. So I don't think the County Attorney should make a decision as to whether or not it's appropriate. The Board of County Commissioners needs to make a decision whether or not it's appropriate to file a suit based on what ultimately comes out of the County Manager's Office and the County Attorney's Office working with HUD. If it turns out that HUD rejects our explanations and we feel that our explanations are justified, we can object to HUD. If we lose against HUD and for some reason have a basis to recover from H.O.M.E., at that point in time we can direct the County Attorney. But to take any sort of action or to direct the County Attorney now in the absence of knowing what HUD may or may not direct from us and whether or not we were to accept what HUD directs would be inappropriate. COMMISSIONER HENNING: There's only one problem with your statement. CHAIRMAN NANCE: Commissioner Henning, if you would support having the County Attorney bring back options to the Board for filing a lawsuit, I could support your motion. COMMISSIONER HENNING: Yeah, that's part of the motion. COMMISSIONER TAYLOR: Yeah, that's what I understood the motion was. He -- CHAIRMAN NANCE: He's going to bring back options to the Board. COMMISSIONER TAYLOR: Yes. COMMISSIONER HILLER: Can I ask the -- since I was Page 90 June 23, 2015 speaking... County Attorney, what options could you bring back at this time? MR. KLATZKOW: I hate to predict the future, because I'm really not very good at it. But one likely course of action here is going to be HUD will bring an enforcement action. At that point in time, if it's appropriate to bring in H.O.M.E., since they're the central character here, I think I would be bringing in H.O.M.E. into that enforcement procedure. COMMISSIONER HILLER: So, I mean, wouldn't you do that as a matter of course? I mean, if HUD were to -- or if the Department of Justice were to issue an order, wouldn't you bring that to our attention and tell us under the agenda that, you know, this is your recommendation? I mean, we don't have to direct you to do that. You're going to do that automatically. That's your job. MR. KLATZKOW: If you're in session, I can do that. If you're not in session and you were going to be gone for two months, you know, I would like the ability to move ahead with this if it's appropriate. COMMISSIONER HENNING: Yeah. COMMISSIONER HILLER: But what about -- well, I'm just very uncomfortable about approving something I don't know. I mean, I hate to just give you the absolute right to move forward with legal action. I don't see why that can't wait. If HUD issues an order, you need to, if you deem it appropriate, defend against that order. If you deem it not appropriate to defend against the order, then we can give you direction to comply with whatever the order is. But that has nothing to do with H.O.M.E. The decision to sue H.O.M.E. can wait. We can make the decision to sue H.O.M.E. when we come back in the fall and we know what has transpired between the county and HUD. Because right now the issue is between the county and HUD, and to take -- to give you Page 91 June 23, 2015 direction to sue H.O.M.E., I think, is completely inappropriate since we don't know to what degree H.O.M.E. is responsible for any clawback that could be justified by HUD. And we don't even know that -- we don't even know the extent of any potential clawback. There is no reason we can't wait until December to decide to sue H.O.M.E. if the Department of Justice orders a clawback of this money and we comply. MR. KLATZKOW: If HUD is not happy with the conversations we're going to have with them and they forward this for enforcement action, you may not be here. COMMISSIONER HILLER: Well, you still are going to deal with HUD. That has nothing to do with H.O.M.E. MR. KLATZKOW: But what I'm saying is that it might be appropriate at that point in time to include H.O.M.E. within that enforcement action. I don't know yet. COMMISSIONER HILLER: What do you mean? MR. KLATZKOW: It's no different than asking somebody for a hold harmless or indemnity or anything else. If we find ourselves in an administrative proceeding with United States Government, it may be in the best interest of the county at that point in time to bring in H.O.M.E. I don't know. If you're in session, I'd be happy to bring it back for your direction. If you're not in session -- COMMISSIONER HILLER: Well, what you're saying is completely different. Now what you're going -- what you're suggesting is that you're going to join H.O.M.E. in some administrative hearing? MR. KLATZKOW: What I am saying is I don't know the future, okay. And what I'm telling you is that it is not outside the realm of possibility that you will be named in an enforcement action by the U.S. Government on this. The central character here is H.O.M.E. I do not think it would be inappropriate to bring in H.O.M.E. to that Page 92 June 23, 2015 administrative proceeding. COMMISSIONER HILLER: So basically what you're saying is that if we're sued administratively or if we -- well, if an order is issued MR. KLATZKOW: It's not an order yet. COMMISSIONER HILLER: Right. That's what I'm saying. If an order is issued -- okay, go ahead. MR. KLATZKOW: I don't know what else to tell you. COMMISSIONER HILLER: Are you saying that there will be an administrative hearing that you anticipate after the 30 days? MR. KLATZKOW: There may be -- and I don't know the future -- an administrative hearing filed while you're out during the summer recess. COMMISSIONER HILLER: And you would seek to join H.O.M.E.? MR. KLATZKOW: Yes. COMMISSIONER HILLER: As a co-defendant? MR. KLATZKOW: Yes. COMMISSIONER HILLER: And you want the authority to join H.O.M.E. as a co-defendant against HUD? MR. KLATZKOW: If I deem it appropriate, yes. If you're in session, I'd be happy to come back. COMMISSIONER HILLER: Isn't the attorney for H.O.M.E. here? COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: Would you mind? MR. FRIDKIN: Would you like to hear? COMMISSIONER HILLER: Yeah. I'd like to hear what you have to say. MR. FRIDKIN: Thank you for the opportunity. What I'd really like to say first and foremost is I want to come back to planet earth for Page 93 June 23, 2015 just long enough to talk about the program. I want to hand out, if I may -- can I just hand out to you an article that appeared in the publication -- I think it's called Naples City Desk. May I approach, Mr. Chairman. CHAIRMAN NANCE: Sure. MR. FRIDKIN: I've got five of them. CHAIRMAN NANCE: The commissioners can do what they want with them, sir, but we'll just give them to them, and we'll let them deal with it as they deem appropriate. MR. FRIDKIN: Thank you. MR. MILLER: Sir, can you state your name? MR. FRIDKIN: Oh, yeah. For the record, my name is Jeff Fridkin, and I'm an attorney for John Barlow. And what is important in this to notice is the likelihood you're ever going to get a Justice Department order. You should listen to your counsel, not Mr. Barlow's counsel on that issue. But I see the possibility as slim to none despite whatever efforts your Clerk of Courts -- or he's not your Clerk of Courts, but -- may make to make that outcome be different. The Justice Department isn't going to bring this because the purposes of the federal funds have been satisfied immensely here. Low- and very-low income people are in homes, very comfortable homes, and are in a position to actually better their lives upon the sale of those homes. And if they are to better their lives upon the sales of those homes, all of the federal money as well, frankly, as that part of the state money that hasn't burned off, based upon the way the program was set off-- set up, will come back. So I just -- as you discern -- and it makes all the sense in the world for you to get your lawyer's advice. I couldn't have asked you to do anything more than that. You've got a lawyer. I would -- I could Page 94 June 23, 2015 never criticize a board for seeking the lawyer's advice about what to do in these kinds of situations. But I just wanted you to know from a starting place that this was a good program. The other thing I'd like to let you know -- and then I'll answer whatever questions I can -- is that Mr. Barlow has already made it known to Ms. Grant, and I'm here to make it known, that to the extent we have information that can be helpful -- because we are a body of volunteers who made no money on this but volunteered to try to solve a then existing problem in our county. We can help. If Mr. Ochs' office needs us, ask us. We've been forthcoming. We'll continue to be so. Any questions I can help you with? CHAIRMAN NANCE: Commissioner Taylor, any questions for Mr. Fridkin? COMMISSIONER TAYLOR: No, nothing for Mr. Fridkin. CHAIRMAN NANCE: Thank you. Let's go to Commissioner Taylor, and then we have some public speakers, I believe; Mr. Miller? MR. MILLER: Yes, sir. CHAIRMAN NANCE: Commissioner Taylor, please. COMMISSIONER TAYLOR: Can I wait until we've heard from the speakers, and then I'd like to make my remarks. CHAIRMAN NANCE: Sure. Push your button again, and we'll hold your place. Thank you. Let's hear from the public speakers, sir. How many do we have? MR. MILLER: Well, Mr. Chairman, Mr. Fridkin has signed up as a public speaker. Did you have any more to add, sir? MR. FRIDKIN: (Shakes head.) MR. MITCHELL: Okay. So your remaining speakers are Dr. Joseph Doyle, who's been ceded an additional three minutes from Sandra Doyle and from Jared Jones. That is a total of nine minutes. Page 95 June 23, 2015 And this is your only other speaker. DR. DOYLE: Good afternoon, Commissioners, Dr. Joseph Doyle. Actually, Mr. Jones has left, so it would be six minutes, but I'm not going to need that much time. When I first saw this item on the agenda -- and I had seen some newspaper articles as well -- I was a little confused as to what dollar amount we're talking here. Is it the 427,000 or 472-, because it says there's some program income as well. So I didn't know how much we, the taxpayer, might be on the hook for. That was -- I wanted to clarify that just as an administrative point. But what I'm more concerned about as a taxpayer is twofold. Number one, as a -- paying federal income tax -- and many, many of us pay more federal income tax than we pay in property tax to the county locally. If this was mismanaged money, it's still federal money, you know, federal taxpayers. You know, what were the outcomes, et cetera, et cetera, but more to the point for the local taxpayers. This is the second time in probably about three or four months where the federal government has asked for money back for a program that was mismanaged. I believe there was about $200,000 a couple months ago. And so my concern as a local citizen is what can we put in place, what controls, county government, through County Manager, et cetera, to oversee these types of programs real time so that we don't get asked for the money by the federal government a couple years after the fact. COMMISSIONER HENNING: Don't take the money. DR. DOYLE: I agree. You know, I have the same problem with the School Board. They think, oh, well, this is free money. Well, it isn't. We're responsible for it. And at the end of the day, if it isn't administered properly, we locally have to pay it back, so it's not free money, right. So that's why I'm saying, what could we put -- and I don't know Page 96 June 23, 2015 what controls that are already there, but obviously since I'm here and having seen this -- this has happened twice in recent memory that, you know, maybe we need to review what controls need to be put in place to enhance this so this doesn't happen again. Thank you. CHAIRMAN NANCE: Thank you. Okay. We have everybody's lights on. Let me give a little guidance here. We have a motion and a second on the floor which basically allows the County Attorney to have some discretionary management during the period of time of our recess -- COMMISSIONER HENNING: Correct. CHAIRMAN NANCE: -- to go forth with the County Manager and address this situation. Can we please address this topic so we can bring this to a vote. I've got Commissioner Fiala, then Commissioner -- excuse me -- Commissioner Taylor, then Commissioner Fiala, then Commissioner Hiller. Commissioner Taylor? COMMISSIONER TAYLOR: Thank you very much. That was my question. What does -- let's repeat this motion so we're very clear, and I would -- I'm not trying to stop my colleagues from speaking, and I welcome to (sic), but I would like to call the question after the last two lights are out. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes. Mr. Klatzkow, can you please tell me, is there any money missing at all? I mean, we talked about this, so I know the answer. MR. KLATZKOW: Yeah. If you're asking me do I think there was any misappropriation, my answer is no, I do not. This is about, as I understand HUD's claim at this point in time, recordkeeping. COMMISSIONER FIALA: That's -- I knew that answer, but I Page 97 June 23, 2015 just wanted it on the record from our County Attorney. Thank you. CHAIRMAN NANCE: Commissioner Hiller, please be brief. COMMISSIONER HILLER: Yes. It would be -- CHAIRMAN NANCE: It is hungry (sic). COMMISSIONER HENNING: You're asking for so much. CHAIRMAN NANCE: I am just making a simple request, and she has been so accommodating today. So, Commissioner Hiller, do you think we should have the vote? COMMISSIONER FIALA: Commissioner Henning, do you remember when we used to have a timer up here for Fred Coyle? COMMISSIONER HENNING: Oh, yeah. COMMISSIONER HILLER: I think -- I think we have -- I think we have a real issue. And the issue -- and this is something I didn't think about, is that we hold these mortgages on these properties, and when these properties sell, the county will be recovering these funds. We will be getting these federal dollars back. So I fail to see how this is going to work. I mean, you're going to sue to recover from a party that has turned over the assets. COMMISSIONER FIALA: For funds that aren't missing. COMMISSIONER HILLER: And what you're -- well, don't we have mortgages? I thought -- MR. KLATZKOW: I never said I was going to sue H.O.M.E. What I said, during your recess if there's an enforcement action brought against the county, I think it would be appropriate for me to bring H.O.M.E. into that. COMMISSIONER HILLER: All right. Well, that's really a different issue. So, essentially, what you want is authorization to join H.O.M.E. as a defendant in the administrative action if one is brought forward while we're in recess? Page 98 June 23, 2015 MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: And in the absence of us being in a recess, you will bring this matter back before us and allow us to make a decision based on the facts that we will have at that future time? MR. KLATZKOW: Yes, ma'am. COMMISSIONER HILLER: Okay. I can live with that. COMMISSIONER HENNING: That's -- CHAIRMAN NANCE: Hearing no further comments -- COMMISSIONER HENNING: Commissioner, it's my motion. It's giving full latitude to the County Attorney including suing H.O.M.E. COMMISSIONER HILLER: No. COMMISSIONER HENNING: And -- yeah. COMMISSIONER HILLER: That's not what you said before. COMMISSIONER HENNING: It is. I mean, it's open, absolutely open. He is the legal advice of the county -- Board of Commissioners. And, yeah, one of them might be what you have stated, that we ask H.O.M.E. to join us in defense of HUD, but it's just open ended. COMMISSIONER HILLER: No, but it's -- COMMISSIONER HENNING: It's not limited. COMMISSIONER HILLER: It is -- I can't support something -- COMMISSIONER HENNING: That's the motion, and I made the motion. COMMISSIONER HILLER: I understand, and I'd like to comment. I can't support anything that's open ended. I can support exactly what the County Attorney said, and what he has said makes sense. But to suggest that we're going to delegate, you know, discretionary decision making with respect to whether or not to sue H.O.M.E. for what, I don't know, is completely unreasonable. And I won't delegate that. It absolutely is. Page 99 June 23, 2015 CHAIRMAN NANCE: Mr. Klatzkow has already indicated -- COMMISSIONER HILLER: The first is the right. CHAIRMAN NANCE: -- and made his commitment to the Board; have you not, sir? COMMISSIONER HILLER: But the motion isn't that. He has to do what the motion is. MR. KLATZKOW: Honestly, I'm going to implement your Board direction. I'm just -- I'm waiting to hear it. COMMISSIONER FIALA: Let's repeat the motion one more time. COMMISSIONER TAYLOR: Yes, let's repeat the motion. COMMISSIONER FIALA: I liked your version, but we heard a different version. COMMISSIONER HILLER: I prefer what Commissioner Nance said, too. CHAIRMAN NANCE: I thought we -- I thought when we came to suing that the -- unless there was something unbelievably compelling, he was going to bring back options to the Board. I thought that's where we left it, Commissioner Henning, but maybe I'm wrong. COMMISSIONER HILLER: No, that's not what Henning is saying now. COMMISSIONER HENNING: No. I mean, what you said -- and the stenographer can -- court reporter can repeat it -- is exactly what my motion was. COMMISSIONER HILLER: No, your motion is too open ended. I mean, what Commissioner Nance said I could support. What the County Attorney has said I could support, but I can't support your open-ended motion. COMMISSIONER HENNING: Let's not go on break. CHAIRMAN NANCE: Let's act on the motion. All those in favor, signify by saying aye. Page 100 June 23, 2015 COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: All those opposed? COMMISSIONER FIALA: Do we know what the motion -- are we acting on the words that you said as you interpret them? CHAIRMAN NANCE: No. Commissioner Henning? COMMISSIONER HENNING: Let's don't confuse it. COMMISSIONER FIALA: So, see, I'm having a problem voting because I remember him saying lawsuit. I do not remember you saying lawsuit. And I think that lawsuit is premature. CHAIRMAN NANCE: Commissioner Henning, would you please restate your motion so that all the commissioners understand what it is. COMMISSIONER HENNING: And then I will ask the court reporter to go back -- THE COURT REPORTER: I'm not sure I can find it. There were, like, 10 of them. COMMISSIONER HENNING: It was, you know, work with staff, the County Attorney work with staff, see if you come to resolution. If not, take whatever necessary items, including legal action, to resolve it. COMMISSIONER TAYLOR: And that's what I second. Yes, I will second that. CHAIRMAN NANCE: Okay. So that's the motion. COMMISSIONER HENNING: And we got three in favor, so far. CHAIRMAN NANCE: We've got three in favor. COMMISSIONER HENNING: And the others need to vote. COMMISSIONER HILLER: County Attorney, what do you interpret by his motion, so I understand, so I can decide whether or not Page 101 June 23, 2015 to support it? MR. KLATZKOW: I will be working with the County Manager, all right. And if there comes a point in time where I believe that it's necessary to take action against H.O.M.E., I will do so. COMMISSIONER HENNING: Or have H.O.M.E. join in. MR. KLATZKOW: Whatever action I deem appropriate. COMMISSIONER HILLER: Well, that's very open ended. COMMISSIONER FIALA: Will we be having an advisory about taking any legal action? Like Commissioner Henning said before, we keep jumping into legal action. We haven't really, but -- and you know, that all costs taxpayer dollars, too, especially when no money's missing. MR. KLATZKOW: That's not the motion. COMMISSIONER HILLER: You know, I completely understand joining H.O.M.E. in an -- COMMISSIONER HENNING: Just vote. COMMISSIONER HILLER: -- administrative action, but to sue H.O.M.E. -- COMMISSIONER HENNING: What's the problem? COMMISSIONER HILLER: -- before we get to hear it when that can wait till September, I think, is overly broad. CHAIRMAN NANCE: We've got three in favor. All those opposed? COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: I just don't like the lawsuit part; I'm going to say aye. CHAIRMAN NANCE: Okay. So it's 3-2 with Commissioner Hiller and Fiala dissenting. With that, we are going to recess for lunch until 1:21 so that we can get some nutrients for the second half of this meeting. (A luncheon recess was had.) Page 102 June 23, 2015 MR. OCHS: Mr. Chairman, you have a live mic. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA CHAIRMAN NANCE: I believe that it's time for citizens' comments for issues not on the present or future agenda. Mr. Miller? MR. MILLER: Mr. Chairman, I have one registered speaker, Mike Barbush. MR. BARBUSH: Good afternoon, Commissioners. Mike Barbush representing the Goodland Civic Association. I have three or four things I'd like to talk to you about today. Basically I'm here to kick the beehive. The first one is Goodland Drive 92A, an update on that. And our fire contract is in the process of being renewed. I'd like an update on that. And the road going in and out of Goodland with the impact from the park -- we've got our boating park that's been down there, and it's been used a tremendous amount. Maybe we can get some paving going on down there on Goodland Drive West. And the last one is I attended a DEP and FWC meeting last night at Rookery Bay, and they're considering a critical wildlife area on the lump which is outside of Cape Romano, the shoaled area on the other side of Cape Romano for the least terns. It's in the beginning phases of that. I was out there with a couple of fishermen from Goodland last night. That's just an informational thing. If-- I see no problem with it, and most of the people that I've spoke with in Goodland don't. But I urge everyone that's got any interest in that area out there, whether commercially, recreationally, or that sort of thing, to get on Page 103 June 23, 2015 the DEP and the FWC website. We're in the initial phases of this critical wildlife area. What that does is basically does not allow any boating activity or disturbing the birds in any way, shape, or form out there on the lump. So -- but I'd like to start with -- I'd like an update on where we are with the City of Marco Island and the Goodland Road 92A. COMMISSIONER FIALA: Nick? MR. OCHS: Pleasure of the Board here. MR. CASALANGUIDA: County Manager had an item to discuss with you at the end, yeah. MR. OCHS: Yeah. Mr. Chair, what would you like me to respond to? CHAIRMAN NANCE: Yeah. At some point are you going to come back with a little update as to where we are in the saga of 92 going into Goodland there? MR. OCHS: Yes, sir. I was going to do that during staff communications, if-- CHAIRMAN NANCE: Okay. MR. OCHS: -- that's appropriate. CHAIRMAN NANCE: Yes, sir. COMMISSIONER FIALA: Well, would you like to say it now that Mike is here, or -- and you can repeat it or just -- MR. OCHS: Sure. Commissioners, we -- staff met, along with Commissioner Fiala, Mr. Casalanguida, and myself and City Manager Hernstadt from the City of Marco along with one of their city councilors, and also County Attorney Klatzkow. As a result of that discussion, I have drafted a letter that memorializes the results of that meeting, and I was planning to present that to you this afternoon to ask you to endorse this draft that I could send along, then, to the City Manager in Marco. Essentially what it says is that I would go ahead and begin the Page 104 June 23, 2015 process of releasing the first of two annual installments owed to the City of Marco under the Board's interlocal agreement for the current fiscal year, calendar year -- or Fiscal Year '15 provided that the City Council during their summer budget reviews endorse the City Manager's recommendation to use a portion of those proceeds to enter into a design contract for improvements on Goodland Road. And so we -- that is essentially the outcome of that meeting. If, in fact, they go ahead and do that and earmark that money, I would then begin the process to give them the second installment of the FY '15 installment that's due, and then we proceed accordingly. COMMISSIONER FIALA: So we're moving on it, Mike. MR. BARBUSH: Well, I appreciate that. And I just want to say, Leo's done a great job with trying to maneuver with the City of Marco, and obviously after nine years of trying to get him to do something, here we are at the end where we're looking towards our last two payments for the city, and I just hope we can come to an amicable relationship. It seems like there's a little bit of animosity right now, and I hope we can overcome that, get past that, and get something happening with the road here. It's been a long, drawn-out proposition. Back in the day when Nick was down at the meetings in Goodland, they wanted to do a hydrologic study. Well, they're doing that right now. They've got sensors on either side of 92A, and they're trying to figure out the water flow under the road. I don't know where we're going with that, but that was what the city wanted to start with, and they are actually doing that now. So they're taking baby steps towards hopefully where we want to be. The second part, we've renewed our fire contract with the City of Marco for one year. MR. OCHS: Commissioners, that's an annual renewable contract that will administratively renew, so that's a continuing service contract. MR. BARBUSH: All right, thank you, Leo. Page 105 June 23, 2015 And then the last thing is, the park's been used a tremendous amount, and we -- you know, we have no problems with the park whatsoever, Margood Park and the boating park. But the roads going in and out of Goodland, maybe if we could get somebody down from transportation to take a look at Goodland Drive West, in particular. We've got a couple potholes that are recurring. And it's nothing major. I just wanted to bring that up while I was here. But, again, I just want to thank Leo and Nick and you-all for, you know, your diligence here when it comes to the City of Marco, and I hope we can come to some understanding with them shortly. COMMISSIONER FIALA: Yeah. That road does need to be fixed because it wasn't built originally to accommodate the boats and trailers and tractors that pull them. MR. BARBUSH: Well, the saltwater also. They're pulling -- boats are pulling saltwater out, and it's deteriorating the road, so it needs to be -- COMMISSIONER FIALA: So, Nick, you've got that addressed? MR. CASALANGUIDA: Yes, ma'am. I'll take care of him. CHAIRMAN NANCE: Commissioner Henning, then Commissioner Taylor. COMMISSIONER HENNING: Mike, you called it a lump. I always called it the hump. MR. BARBUSH: The hump, the lump. Same thing. See the thing is, the thing is shifting. COMMISSIONER HENNING: It's lumpy and humpy. Are they recommending no landing on boats? MR. BARBUSH: Right now they're recommending that. What they've done is they've -- I don't know the last time you were out there. They've got signs, and they've got some ribbons and whatnot. But their contention is that there's been a lot of the least tern nests that have failed on Morgan Island and even parts of Sand Dollar Island in front Page 106 June 23, 2015 of Marco, and they're saying that those terns have gone down to the lump down there, or the hump. And they wanted -- there's a 500-acre area that they want to designate as the critical wildlife area. You can still go around it. Some of the fishermen were concerned last night, the mullet fishermen about how -- you know, because the fish set up on the back of the sandbar back there. They just don't want people landing on the sandbar anymore and disturbing the birds is basically what it is. And this is probably a nine -- a nine-month procedure. I think the first they're talking about doing any closures is March 31st of 2016. COMMISSIONER HENNING: Would that be a year-round closure? MR. BARBUSH: No. They're talking about from March 31st to August 1st, but then again that's a variable thing depending on when the terns come and go. COMMISSIONER HENNING: Yeah. MR. BARBUSH: But this is something that's kind of-- you know, one of the questions asked last night was -- this is something that I asked the question. Is this reviewed every year, every five years, or whatever happens? Because when we got into the 10,000 Islands reserve thing, I was a stakeholder with that. That's a five-year review, and then they, you know, decide what they're going to do with that. This is kind of forever. If there is some, if-- say we have a hurricane and it destroys the sandbar, there's a long, drawn-out process, and it's supposedly a 10-year process to remove that from the CWA. COMMISSIONER HENNING: I'll get together with you later and see how we can make some comments. MR. BARBUSH: Thank you. MR. OCHS: Mr. Chairman? CHAIRMAN NANCE: Commissioner Taylor? Page 107 June 23, 2015 COMMISSIONER TAYLOR: Yes. Mr. Ochs, you know what I'm going to ask you. How many more payments are required of the county to go to Marco Island? MR. OCHS: We have two more -- excuse me -- two more installments in Fiscal Year '16 and Fiscal Year '17 of$1 million per year. COMMISSIONER TAYLOR: Well, when we come back, I -- clearly, health, safety, and welfare. This road needs to be -- MR. BARBUSH: Absolutely. COMMISSIONER TAYLOR: -- needs to be at least shored up. But I am one commissioner that says that money is deducted from our payments to Marco Island, because that money was given to Marco Island to make this road whole, and they've not done it yet. Thank you. CHAIRMAN NANCE: All right. Thank you, sir. Appreciate it. MR. BARBUSH: Thank you. Appreciate it. MR. OCHS: Mr. Chairman, would you consider this letter then endorsed by the Board so I can move it forward to my counterpart at the City of Marco? COMMISSIONER HENNING: Why don't you send it to us so we can read it. COMMISSIONER TAYLOR: Yeah. I would like to read it. MR. OCHS: Will do. COMMISSIONER HENNING: Sorry. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Leo, we had a workshop with the City of Marco on this issue. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: And the conclusion of that workshop with respect to the payment on the county's side was what after further discussion? Because the conclusion of that workshop was Page 108 June 23, 2015 that you were going to be working with them to come to some understanding. MR. OCHS: Well, what they told you at the workshop was they would go back and fund the hydrologic study, which they did, and that they were going to discuss as a city council what other action they would be willing to take with respect to 92. They did have an item scheduled on their agenda. It was a very brief discussion, so we followed that up with this meeting that I just described to the commission. And, essentially, the agreement moving forward is that if we will go ahead and make the first of our two installments for the current fiscal year, they will -- excuse me -- the City Manager will recommend to the City Council that they put funding in their FY 16 budget to fund a complete design that will be done by the end of Calendar Year '15 for improvements to that road. And if, in fact, the council commits to that, then I would requisition the second installment of the current FY15 installment to them, and we would then come back to the Board with a recommendation to share in our portion of the cost of the county's section of 92A in Goodland. COMMISSIONER HILLER: And the cost -- the balance of the cost would come from them? You're going to put -- MR. OCHS: For the design, yes, ma'am. COMMISSIONER HILLER: Just the design for them? And the rest of the costs would come from us? MR. OCHS: Well, our pro rata share of the design we would recommend that we pay, and then, of course, whatever construction estimates come out of that design, we would come back to the Board and seek approval to enter into an agreement with the city for our pro rata share of the improvements to the county's section of that road at the same time that they're doing the repairs on the city portion. COMMISSIONER HILLER: And the payment for the city Page 109 June 23, 2015 portion -- MR. OCHS: We don't know what the cost of it is yet. Nick, I don't know if you have even -- without the design, it's hard to know. COMMISSIONER HILLER: Well, I think, you know, that since this issue has been addressed at a workshop and you are following through on this, you're going to bring back an agreement -- MR. OCHS: Ultimately. COMMISSIONER HILLER: -- that you will have with them, and then we will fund based on that agreement if we agree with that agreement? MR. OCHS: Prerogative of the Board, ma'am. COMMISSIONER FIALA: Commissioner, may I -- COMMISSIONER HILLER: That probably is the best way to do it. What would you prefer? MR. OCHS: Well, you know, I have to turn to your County Attorney. You're in a current legal interlocal agreement, funding agreement with the City of Marco and, you know, that agreement needs to be interpreted and, ultimately, perhaps, defended, so -- COMMISSIONER HILLER: And that's the issue whether or not this becomes a modification of that agreement or if this is a new agreement or if this is part of the agreement as it exists and that your interpretation falls under what we currently have. MR. OCHS: Yes, ma'am. I only -- my only reminder to the Board is the current agreement allows the city to use that money not only for 92A but for maintenance and repair of other roads in the City of Marco. COMMISSIONER HILLER: But my recollection, wasn't there a provision in there about public safety, and wasn't that a priority? COMMISSIONER TAYLOR: Yes. MR. CASALANGUIDA: Yes. MR. OCHS: Yes. Page 110 June 23, 2015 COMMISSIONER HILLER: And so if it was a priority and it was about public safety, doesn't this road repair put it at the top of the budget? MR. OCHS: Sure. In your staffs opinion and I believe in the majority of the Board's opinion, that's the case. I can't speak for what kind of priority, you know, the City Council puts on that in their road program. That's the dilemma for us. COMMISSIONER HILLER: Anyway, you'll bring this all back to us so we can review it, right? MR. OCHS: Yes, ma'am. I'll send this letter out, and that would be the first step -- COMMISSIONER HILLER: Or not. MR. OCHS: -- in moving this forward. COMMISSIONER HILLER: I mean, we may not have to. I mean, if it's under the current agreement and the current agreement is to be interpreted the way we're discussing, then it wouldn't have to be brought back to us because you've already got an agreement that you're working under. You know, if you're talking about some modification or a new agreement, then you would bring it back. MR. CASALANGUIDA: Ma'am, for clarification, it would be a cost-sharing agreement. So we have a portion of the road that's on county property, approximately 10 to 15 percent. You'd want to do that project holistically, so it would be a cost-sharing agreement for the county portion of that road outside of the interlocal. COMMISSIONER HILLER: Well, it would actually -- you don't need a cost-sharing agreement. You basically would just need an agreement as to the county portion of the -- well, I mean, why do you even need an agreement? If you're going to repair the county portion of the road -- MR. CASALANGUIDA: It would be one vendor, ma'am, one vendor under one contract probably by the City of Marco, and there Page 111 June 23, 2015 would be county portion that would do -- they would do a county portion of the road, and we would agree to pay them for the county portion. COMMISSIONER HILLER: So you would just have a separate agreement for the county portion? MR. CASALANGUIDA: Yes, ma'am. COMMISSIONER HILLER: And leave the other agreement intact, and they would have to pay out of our allocation on that first agreement? MR. CASALANGUIDA: However they would pay is up to them, but as long as they fix the road, we'd pay our proportionate share. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: Okay. Let's go to Commissioner Fiala and Commissioner Taylor, and let's let staff bring something back to us. Commissioner Fiala? COMMISSIONER FIALA: Okay. Let me say first of all the design is going to be anything that they tell them it's to be. Who is going to decide what -- their design might be totally different than what our design would be, because we want to do it the right way. I don't know that they would want to do it that way. Because they have no taxpayers down at the end of this road, by the way. All the taxpayers down at the end of the road are ours. It's county property at the end. So they derive no money to fix it nor maintain it other than the money we've been giving them. So first of all, do we have any say as to what the design should entail? MR. CASALANGUIDA: Sure. Ma'am, we'll review what that design is, and if we don't think it's adequate, we'll bring that matter back to the Board. COMMISSIONER FIALA: Okay, fine. And Commissioner Page 112 June 23, 2015 Hiller said something about the safety and so forth. And we define safety maybe a little bit differently than they. Maybe -- because when we were talking about safety before, they put some stones into a couple of the potholes and put "no parking" signs down there. You know, our design is -- you know, our interpretation might be a little bit different as well. So I want to make sure that as long as we're pumping money in there, we also get some of the benefits from it. COMMISSIONER HILLER: Absolutely. COMMISSIONER FIALA: "We" meaning our Goodland people, our citizens. COMMISSIONER HILLER: And they have to have -- there has to be -- I mean, what we have to preserve is accessibility. And one of the issues, I believe, if-- and, again, I'm working from memory -- was that water was under the road and that that road was going to be raised and the engineering was to raise the road, not as Commissioner Fiala points out, limited to, like, filling potholes. Because those people, in the event of an emergency, have to be able to be rescued, trucks going in, them going out, not just everyday use. And I thought that was the issue that made it a public-safety hazard as it currently exists. MR. OCHS: That's essentially correct, yes, ma'am. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: I'm glad to hear the conversation. I'm glad to understand that the county is going to be a very much part of the design. And it is my understanding, if-- we're getting to a design phase, so the Conservancy has done what they needed to do down there or they're involved. So I just hope going forward that this agreement that you struck that we'll read in the letter indicates that this money that we're giving them is earmarked for this road, because if it's not, we're going to end Page 113 June 23, 2015 up paying for it because we're more concerned about the health, safety, and welfare of the Goodland residents going forward, not just this year. Thank you. CHAIRMAN NANCE: Okay. All right. Ladies and gentlemen, let's move to our 1 :30 time-certain. Mr. Ochs, I believe this is Item 9B. Item #9B AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.09 OPEN SPACE ZONING DISTRICTS, TO ADD GOLF MAINTENANCE BUILDINGS AS A NEW ACCESSORY USE WITHIN THE GOLF COURSE ZONING DISTRICT; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.03 SPECIFIC STANDARDS FOR LOCATION OF ACCESSORY BUILDINGS AND STRUCTURES, TO ESTABLISH SETBACK REQUIREMENTS FOR GOLF CLUBHOUSE AND MAINTENANCE BUILDINGS ON WATERFRONT LOTS AND GOLF COURSE LOTS IN ZONING DISTRICTS OTHER THAN RURAL AGRICULTURAL AND ESTATES; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE Page 114 June 23, 2015 DATE — MOTION TO APPROVE — APPROVED MR. OCHS: Yes, sir. These are your advertised public hearings. Item 9B is a recommendation to consider an ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code. Commissioners, this is an LDC amendment as part of your previously announced LDC amendment cycle. This particular item has to do with changes to the open space zoning districts to add golf maintenance buildings as a new accessory use within the golf course zoning district. Ms. Caroline Cilek will present or respond to questions from the Board. CHAIRMAN NANCE: At this time we're going to open the public hearing, and we're going to require everybody to testify -- to be sworn in by the court reporter. COMMISSIONER HENNING: We don't do that under LDC. MR. OCHS: No, sir. CHAIRMAN NANCE: We do not? COMMISSIONER HENNING: Nope. CHAIRMAN NANCE: Okay. COMMISSIONER FIALA: It was a good idea, though. CHAIRMAN NANCE: It's going to require a supermajority of four votes, though; am I right on that? COMMISSIONER HILLER: Which means you can, like, disregard the truth. CHAIRMAN NANCE: Okay. That's one out of two. COMMISSIONER TAYLOR: You were right on that one, right? CHAIRMAN NANCE: Okay. I was right on that one. COMMISSIONER TAYLOR: Okay. So that's good. CHAIRMAN NANCE: Ms. Cilek? Page 115 June 23, 2015 MS. CILEK: Yeah, Caroline Cilek, Land Development Code Manager with our Growth -- Growth Management Department. And I just wanted to add that this amendment was unanimously approved by our Planning Commission with a vote of 6-0. COMMISSIONER TAYLOR: Move approval. COMMISSIONER FIALA: Second. COMMISSIONER HILLER: What -- this is -- can you go over the specifics of the amendment, please. MS. CILEK: Yeah, I'd love to. So as Mr. Ochs relayed, the amendment proposes to add golf maintenance buildings as an accessory use to the open space zoning district, and that is the component of the amendment that requires the two hearings, one to be held at night at our next board meeting. And if you look at the amendment itself, it has two main components; one adding golf maintenance buildings under 2.03.09, and then the second part is to add a setback requirement. Currently the LDC does not have any setbacks required for golf maintenance buildings. Often these fall under a planned unit development. So at that time setbacks are established. This amendment would only apply to straight zoning or conventional zoning districts, and we are basically recodifying a portion of text that was in the LDC prior to recodification. COMMISSIONER HILLER: Do we have any public speakers on this? MR. MILLER: No, we do not. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah. This is a noncontroversial issue. When are you taking personal leave? MS. CILEK: Oh. Around September 22nd. COMMISSIONER HENNING: Congratulations. Page 116 June 23, 2015 MS. CILEK: Thank you very much. We're very excited. COMMISSIONER HILLER: And I thought he was talking about the golf accessory buildings -- MS. CILEK: Maybe I'll visit one. COMMISSIONER HILLER: -- like non-personal issue, which they really are. Congratulations. MS. CILEK: Thank you very much. I appreciate that. COMMISSIONER TAYLOR: Call the question. CHAIRMAN NANCE: All right. Any further comments or questions? COMMISSIONER HILLER: I'll second it. CHAIRMAN NANCE: There's a motion and a second. Hearing no other comments, 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: Okay. It passes unanimously. COMMISSIONER TAYLOR: And just for the record, Commissioner Hiller, I think Commissioner Fiala seconded it. Did you not? COMMISSIONER HILLER: Did she? COMMISSIONER FIALA: Yeah. COMMISSIONER HILLER: Speak up, girl. Can't hear you down here. CHAIRMAN NANCE: She's quick on the trigger down here, ma'am. Page 117 June 23, 2015 Item #9A AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER ONE — GENERAL PROVISIONS, INCLUDING SECTION 1 .08.02 DEFINITIONS; CHAPTER FIVE — SUPPLEMENTAL STANDARDS, INCLUDING SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS, MORE SPECIFICALLY TO ESTABLISH SITE DESIGN STANDARDS FOR FACILITIES WITH FUEL PUMPS AND TO ALLOW FACILITIES WITH FUEL PUMPS WITH 8 OR MORE FUEL PUMPS AND WITHIN 250 FEET OF RESIDENTIAL PROPERTY TO SEEK APPROVAL THROUGH A CONDITIONAL USE HEARING; SECTION 5.05.08 ARCHITECTURAL AND SITE DESIGN STANDARDS; SECTION 5.05.11 CARWASHES ABUTTING RESIDENTIAL ZONING DISTRICTS; SECTION THREE, CONFLICT AND SEVERABILITY; SECTION FOUR, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE - PROPOSED AMENDMENT CHAPTER 5.05.05 — AUTOMOBILE SERVICE STATIONS LDC SECTION 5.05.05 C — A STAND ALONE CONDITIONAL USE PROVISION — MOTION TO APPROVE — FAILED; LDC SECTION 5.05.05 — SUPPLEMENTAL STANDARDS — MOTION DIRECTING STAFF TO BRING BACK ENHANCED Page 118 June 23, 2015 SUPPLEMENTAL STANDARDS FOR ALL STATIONS ABUTTING RESIDENTIAL PROPERTY AT THE JULY 7, 2015 ADOPTION HEARING — FAILED; MOTION TO RECONSIDER THE PREVIOUS MOTION REGARDING THIS ITEM THAT FAILED — APPROVED; MOTION TO ADOPT ALL SUPPLEMENTAL STANDARDS BUT NOT 5.05.05 C, BRING BACK A DEFINITION FOR THE TERM ADJACENT AND WORK ON ENHANCED STANDARDS FOR SERVICE STATIONS WITH 16 PUMPS AND ABOVE THAT ARE ADJACENT TO RESIDENTIAL PROPERTY — APPROVED CHAIRMAN NANCE: All right. I think that takes us to our next public hearing, which is 9A, sir; is that correct? MR. OCHS: That's correct, Mr. Chairman. This is also a Land Development Code amendment proposal regarding supplemental standards for automobile service stations to establish site design standards for facilities with fuel pumps and to allow facilities with fuel pumps with eight or more fuel pumps and within 250 feet of residential property to seek approval through a conditional-use hearing. MS. CILEK: Thank you. So, yes, the second amendment today is regarding LDC Section 5.05.05, automobile service stations. And I'd like to briefly begin by describing the purpose and intent of this LDC section. The section relays that it is designed to ensure that automobile service stations or gas stations do not adversely impact adjacent land uses, especially residential ones. During the Board's most recent discussion of this topic, staff was directed to address both compatibility of gas stations and look for any studies related to fuel vapor mitigation that are applicable to the State of Florida. To address the concept of compatibility with residential uses, staff looked at codes from other communities and received a lot of great Page 119 June 23, 2015 input at Planning Commission meetings. We have identified distance requirements for gas station in other communities in the state and examined the number of fuel pumps at gas stations over time in our county. In addition, we've reviewed design guidebooks specifically geared toward enhancing compatibility of gas stations near residential uses. With regards to studies on the impacts and the mitigation of fuel vapors, staff and the Planning Commission were unable to identify any specific studies in the State of Florida. Our research included contacting the Florida DEP, the U.S. Environmental Protection Agency and, following public comments from the Planning Commission, we also reached out to academic resources. The Planning Commission also requested relevant studies at any opportunity that they had. It should be noted that at the June 8th Planning Commission meeting, public comments were provided, and members of the public informed the Planning Commission that a study to examine this issue could be commissioned by the Board. This idea was noted by the Planning Commission but it was not voted, and I simply share it with you for your awareness. Today there is a very important decision which needs to be made and that is whether this LDC amendment includes a conditional-use provision. As you all are aware, a conditional use is a public hearing process, and the proposed use is reviewed to determine if it is consistent with the LDC, the GMP, and if it will adversely impact the public and neighboring properties. Through the conditional-use process, site design standards can be added to make sure that it is compatible with the surrounding area. The LDC current amendment currently includes the conditional-use provision, which is as follows: The public process Page 120 June 23, 2015 would be required when a station has eight or more fuel pumps and is within 250 feet of a residential area. The baseline site design standards that would be applied for gas stations located adjacent to residential would be used through the CU process as well. Now, please keep in mind that this proposed language is a starting point for your discussion today. All of the provisions are totally open for adjustment and tweaks. For example, the number of fuel pumps could be adjusted, the distance could be adjusted, the conditional use could be in or out. In connection with the conditional use, staff and the Planning Commission have identified three exceptions to the process. These exceptions create a visual and physical separation between the gas station and the residential property. The first one would be a gas station that would be separated by a minimum four-lane arterial or collector right-of-way -- right-of-way from the residential property. So the road would sit in between the two uses. This image describes the general concept. The second exception is a separation created by an off-site building of a certain size. Staff and the Planning Commission recommend that the off-site building is 125 percent of the canopy length; however, as noted earlier, this could be tweaked and adjusted to be a building of a different size. The third exception is a separation created by a designated preserve. Following public comments at the Planning Commission meeting, this exception requires that the preserve provide a 100-foot separation and be 80 percent opaque and be at a height of 12 feet. Staff and the Planning Commission have also prepared site design standards for the gas stations. All of these standards address compatibility. The first set applies to all gas stations in all zoning districts. The second set applies to those that are adjacent to residential Page 121 June 23, 2015 uses. And as you can see from the list, those that would apply adjacent to residential property would be increased or enhanced site design standards from the baseline. The next couple slides are illustrations of these site design standards. The first one would be the enhanced landscape buffer between the gas station and the residential property. As you can see, it would be very wide -- it would be 30 feet -- and would include an 8-foot masonry wall on top of a 3-foot berm. On either side would be a row of canopy trees, and they would be spaced 30 feet on center and staggered so that it would maximize the tree canopies along the entire buffer. This is the view from the residential side. The next two slides identify canopy roof standards. There are two options provided in our amendment. This one identifies a sloped roof with roof-edge changes. The next one is a change in the projection or recess of the eave fascia. Now, both of these roof changes are based on existing LDC text in our architectural section of the code. And with that I'd like to conclude with a map of seven gas stations or automobile service stations that are in the process of being developed or have been approved through the site plan process. And as you can see, they range in the number of fuel pumps and are located across the county. With that, I'll open it up to Board's comments on the amendment, and I welcome all feedback. CHAIRMAN NANCE: Mr. Miller, how many public speakers do we have just to start with a question? MR. MILLER: We have nine, Mr. Chairman. CHAIRMAN NANCE: We have nine. Questions or comments from board members. COMMISSIONER FIALA: Let's start after we hear the public. Page 122 June 23, 2015 CHAIRMAN NANCE: Who would like to hear the public speakers? I see everybody. Let's start with the public speakers then, sir. MR. MILLER: Mr. Chairman, your first speaker is Rich Yovanovich, and he'll be followed by Tom Hardy. MR. YOVANOVICH: Good afternoon. For the record, Rich Yovanovich. You've heard me speak before regarding the proposed amendments to the Land Development Code. Mr. Hardy will talk about the enhancements or changes to the development standards. I want to talk to the issue of the conditional-use process. As you've heard me say on multiple occasions, C4 zoning and other zoning districts allow gas stations as a matter of right. Those property owners who own those C4 and other gas stations have the right today to build a gas station. They're not limited to the size nor the number of pumps. The fact is, they have that right. What's being changed today is you're taking that right away and making them go through a conditional-use process to maybe keep a right they already have today or maybe keep the right they have today with enhancements to cost them more money to develop the site or maybe not develop the site because of the new enhancements, or you can flat out deny the conditional use because, for some reason, now that site shouldn't be developed as a gas station. You've heard me say before, and I said this at the last meeting that we had, that is going to trigger a Bert Harris case. You have a right associated with the property. If you, the county, decide to change those rights, that is exactly what the Bert Harris Act was adopted to address, to compensate property owners for when the government changes the rules of the game. Now, anybody who bought property adjacent to C4 property knew that a gas station could go on that property, along with a whole lot of other uses that could go on that property that, in some opinion, Page 123 June 23, 2015 may be far worse than a gas station. Your Land Development Code already addresses compatibility standards, because you have very specific standards regarding the design of gas stations. You're making some tweaks to those standards today, to those compatibility standards, but you're also imposing a whole new process that will make it a political process where a political process doesn't exist today. Today it's an administrative approval. You go through the Site Development Plan. If you meet the code requirements, you get your gas station because you have a right to a gas station. Now you're going to put someone through a process where we have to come through the political process. We have to get four out of five commissioners to approve it. And if there is neighborhood opposition, those neighbors are going to believe you can turn that down for any reason, meaning if they don't like it, you can turn it down. You're giving them false hope at a minimum or leading to litigation because, at the end, if we meet the criteria, we're entitled to that gas station. There's no useful purpose in going to a conditional-use process where a property owner has a current right to develop that standard. So we request that the Board of County Commissioners abandon this conditional-use process, stick with the rights that currently exist on the property, and that whatever tweaks to the site design standards that Mr. Hardy will address and your staff has addressed should address those issues. But don't be led down the path of a political process for the approval of gas stations and take away rights that are already vested in a person's property. CHAIRMAN NANCE: Thank you. MR. YOVANOVICH: Thank you. MR. MILLER: Your next speaker is Tom Hardy. He'll be followed by Garrett Beyrent. Page 124 June 23, 2015 MR. HARDY: Good afternoon. Tom Hardy, RaceTrac Petroleum. I believe I may be one of the catalysts for these conversations that we've been having for the last year. We've -- I think it would be a little disingenuous if I got up here and talked about where we didn't -- maybe had some heartburn about conditional use, so I'll leave that to -- as a debate. What I'm more concerned about is some of the architectural standards. We've enjoyed our process over the last two years of developing here in Collier County and developing a product that meets your current code that -- and that's developed the gas canopy and a building with certain facades that meet your code. Our first store in the county was Airport-Pulling. That was developed under City of Naples standards, and that has a certain look. Our second store is on Manatee Road down on 951, and that has a different look. One thing that we'd like is to have a brand consistency within the county. So when we go to start talking about making architectural changes to the code, set aside specific sites or anything like that, but having it consistent from one site to the next, that's what we're very interested in. So when we start seeing changes in canopy or specific ways to design a canopy, we have real heartburn about that, because we already have stores in development under the existing code that's going to look totally different than any of those potential standards. We believe we've got two canopies that are attractive. They're not our corporate consistency, which is the red, white, and blue that you've seen in Lee County and other parts of the state. And then also there's signage and things of that nature that there are tweaks that we would like to have a conversation about to make sure we get a consistent look across the county. The canopies are important to us. Staff has suggested allowing a Page 125 June 23, 2015 waiver process for a banding around the canopy. We like that, because that would allow us to take our Collier County stores and make it look like the City of Naples, because that's the first one we built; that's the one we like. So there are some things that the staff has suggested that we like. There's others, mainly the architectural standards on the canopy, that really give us heartburn. So I'll be more than happy later on to answer any questions about that. I would just prefer to leave it up to the section of the code that says to match the existing building. And there's -- that gives us a little leeway to design our canopies. So outside of that, we're interested in the architectural changes; special exceptions maybe is a little heartburn, so thank you. CHAIRMAN NANCE: Thank you, sir. MR. MILLER: Your next speaker is Garrett Beyrent. He'll be followed by Vern Hammett. MR. BEYRENT: For the record, I'm Garrett Beyrent. I've been in the development business in Collier County for 44 years. I should be institutionalized by now. Any case, I just happen to own a gas station site. My first dubious development of commercial impact was mandated by the county in 1980. They made me bring my shopping center as a planned unit development. Had six out-lots for gas stations, one 20-acre shopping center. Two gas stations were actually built, and then I learned the difference between -- the difference between a gas station, a service station, and a convenience store that just happens to have gas pumps in front of it. And long story short, the first gas station was a Mobil gas station. It was actually a fueling depot. The second one was a Super America. That was our first convenience upscale gas station. And both of those have been torn down and been replaced by restaurants. Page 126 June 23, 2015 The third gas station I did was a Mobil gas station. It was the first gas station in the county ever to actually pump over a million gallons of fuel in one month, and that was actually a service station as opposed to a fueling station. And that is now Joey D's Italian Restaurant. So it still looks just like the gas station we built, but it's a really great restaurant. The other two corners of Davis and Airport were gas stations. They've since -- one was torn down, was a Union 76, and the other was a convenience gas, and last year they ripped out the tanks. And, little by little, I finally realized that my Hess gas station out next to Hooters was never going to be built because right next to me was built a RaceTrac gas station. And I thought it was odd, because it didn't look that big. So I went out and I counted the pumps, and it has 24 pumps. I said, why does this thing look so much smaller than the one on Airport Road? And the reason is, is actually the one at Airport Road only has 20 pumps. I said, why does it look so much bigger? And it turns out that the pumps are like individual lane pumps. They're actually gas station pumps for the convenience of the convenience store, have nothing to do with gas. The further gas stations are apart, the more fuel you use and the more money you make for the gas station companies. A gas station actually makes more money off of 99-cent bag of peanuts than it does on a gallon of gas. And that was told to me by the district manager of the Mobil Oil Corporation, so I believe it. Anyhow, I would change the Land Development Code to get out of 1987 into the year 2015. Thank you. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is Vern Hammett. He'll be followed by Richard Grant. MR. HAMMETT: Good afternoon. My name is Vern Hammett, Page 127 June 23, 2015 for the record. I'm just a Collier citizen. So with regard to the latest Land Development Code language, while it's certainly better than what we have, and it does address some of the compatibility issues associated with a mega-station located adjacent to residential property, my concern, however, is that it must allow for the utmost flexibility in addressing site specific unknowns, and what I mean by that is in this conditional-use process that our decision makers, when they look at a site comprehensively and something comes up that may not be articulated in the conditional-use process from a criteria standpoint, that they can either impose requirements or prohibit altogether. And I think that's an important consideration, because in our older communities, you know, mega-gas stations are a completely new entity. Our planners never envisioned this type of intensity of use in our older communities. And in many cases, sometimes the infrastructure's completely inadequate. I can give you an example. So with the drastic increase in traffic that something like this will produce, it might require a massive overhaul of the road, sidewalk, signaling, and signing, which may not be feasible for this specific use. And, you know, that's only one example. I mean, so -- and I think that whenever you look at it from a site specific standpoint, things like this can come up, and we have to have the flexibility to be able to analyze that and take it into consideration. So with that being said, I have far larger concerns about the health and welfare issues. They were introduced by our own growth management with the evolution of this language. I find it difficult to understand that our union's largest state by population and economy -- and, of course, I'm talking about California -- recognizes that there are health and welfare issues associated with living in close proximity to a large gas station. But we here in Collier County have dismissed it Page 128 June 23, 2015 because we aren't certain whether the same risks exist in Florida. This uncertainty isn't acceptable when it comes to the health and welfare of our citizens. The only solution here is to enlist an outside environmental group that specializes in air-quality standards to provide an unbiased study which includes testing air samples for benzine and internal combustion engine exhaust particulates in the vicinity of existing mega-station locations. Only then will we know definitively that living in close proximity to a large station does or does not pose potential health risks. As a result of my concern, I've enlisted the expertise of Dr. Henry Cole, an expert in air pollution associated with large service stations. He's working on a document that will specify the impact of air emissions from a large service station specific to our county. I expect it to be in your hands by July 3rd, and I'll spare you his credentials, but I sent you an email with all of his -- with his resumO. Finally, it's vitally important that we all remember that the foremost mission of this commission is to ensure the protection of the health, safety, welfare, and quality of life of all the citizens of Collier County. CHAIRMAN NANCE: Mr. Hammett, what business are you in, sir? MR. HAMMETT: I'm an airline pilot. CHAIRMAN NANCE: Okay. Thank you. MR. MILLER: Mr. Chairman, your next speaker is Richard Grant. He'll be followed by Bruce Anderson. MR. GRANT: Good afternoon, Commissioners. I'm Dick Grant, attorney for some property owners. I'm not going to use my full three minutes. I'll make it very easy. The clients I represent are various owners of different portions of the Naples Bay Resort which is bordering Frederick Street in East Naples. I realize this has nothing to Page 129 June 23, 2015 do with the old plan of a year ago to put a RaceTrac station there, but the interest my clients have in this is that they believe that whatever provisions of the current code that now exist that should regulate gas stations should not be relaxed in terms of how it might apply to that site. I believe the current code does have a 500-foot distance separation from existing facilities. There may be other ways that this situation could be managed. I'm not prepared to get into particulars today because, frankly, I was just asked yesterday to come here and speak to you, and primarily because the client doesn't want to seem to be disingenuous and show up two weeks from now and have issues and not have alerted you to the fact that it might have concerns. So with that said, I have nothing particular to say other than the interest of the client I'm representing is that the situation should be regulated certainly not less strenuously than it is today. Thank you. MR. MILLER: Your next speaker is Bruce Anderson. He'll be followed by Dan O'Berski. MR. ANDERSON: Good afternoon, Commissioners. My name is Bruce Anderson from the law firm of Cheffy Passidomo. I'm here representing Price and 41, LLC, which owns plus-or-minus 4 acres of vacant land at the intersection of Price Street and U.S. 41, which is across the street from the commercial development area at Lely Resort. They want to build a Wawa store there. There are several problems with the proposed LDC amendment. I guess initially I would ask, has an inventory been taken of all of the vacant C2, C3, C4, and C5 parcels which would have a by-right permitted use stripped from them and made a conditional use because the property was within 250 feet of a property line zoned residential. I would suggest, respectfully, that you need such an inventory so Page 130 June 23, 2015 you can quantify the county's exposure to damages under the Bert Harris Act. One of the standards under the Harris act is whether a governmental action has taken away or placed an inordinate burden on the right to a reasonably foreseeable land use. Certainly a use that is permitted by right is a reasonably foreseeable land use and protected under the Harris act. Has an inventory been taken of all developed C2, C3, C4, and C5 properties which already have a gas station or a convenience store and are within 250 feet of residentially zoned land? Again, you need such an inventory in order to quantify the county's exposure for damages. The way the ordinance is presently written, if an existing gas station is destroyed or is torn down to be rebuilt, then a conditional use would be required to rebuild it if it's within 250 feet of residential zoning. Now, that hardly seems fair. The current moratorium on service stations is applicable to commercial lands which abut residential property, but this Land Development Code amendment greatly expands the regulatory reach to commercial lands which are adjacent to residential property. Now, there's a big difference in the Land Development Code in the definitions between abutting and adjacent and how the measurements would apply. Abutting means that where properties share a common property line or boundary at any one point. Adjacent includes the definition of abutting and it expands on that to state that if properties are separated by a public right-of-way, easement, or water body, they are considered adjacent. And compliance with the new strict design standards would be required no matter the width or the distance. Using the "adjacent" standard would literally mean that if you have homes on the east side of I-75, which is a public right-of-way, that it would be considered to be adjacent to a store on the west side of I-75. Page 131 June 23, 2015 The same result would occur if a service station is on one side of a lake and a home is on another side of the lake. Under the LDC definition, they are considered adjacent no matter how big the road is or the lake. I would suggest that if you're going to use a standard, use the well-understood term "abutting" as you did in the moratorium ordinance, which means, simply, they share a common property line. CHAIRMAN NANCE: I'm going to have to ask you to wrap up, Mr. Anderson. MR. ANDERSON: Yes, sir. Lastly, as far as how distances are measured, they should be measured from the gas pumps, not from the property line of the convenience store. Without gas pumps, it's just a small grocery store and deli. So it is the gas pumps which trigger the special standards and, therefore, the measurement should be taken from the gas pumps. Thank you very much. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is Dan O'Bersi (sic) -- am I okay -- and he'll be followed by George Kleser (sic), if I'm saying that right. MR. O'BERSKI: Hi. My name is Dan O'Berski. I have a unique position as I'm the exclusive representative for Wawa in Collier, Lee, and Charlotte County. And so as a family-owned company, we're extremely concerned about the safety and security of all families. That being said, our standards of design and service root back primarily to a dairy company. So we are bringing a food service that has what is being defined as mega-gas as a convenience oriented component. The convenience component is very important to consider. There is not a destination factor here. People drive past gas stations and pull in. Though we want them to come to our gas station, they don't tend to Page 132 June 23, 2015 drive too far out of the way for a gas station. The additional improvements required are significant on all of these, and traffic is considered under the standards that you guys have set forward. So site improvements will be made where needed and where required. On a property-owner basis, this is both -- well, it's very disturbing to me to have the potential to lose value in property that I own that we want to develop in an agreement with a significant and very strong client. It's just -- it's concerning when government steps in and starts taking rights away from people. The onerous nature of getting approvals and the risk associated to it -- all commercial development is extremely expensive, and the design and rights that we're already obligated to obtain we're happy to proceed with and bring a quality development that will bring both taxpayers -- or tax money on behalf of an improved station. There's a significant investment base on both the ownership as well as Wawa, and -- including jobs and economic opportunities. Unlike most traditional gas stations, Wawa has long-standing history of paying far above the normal market and bringing very quality opportunities. The look and design, we make investments on both sides, both for Wawa and property owners to ensure that your property, both rights and appearances, are maintained and protected. So thank you very much. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is George Kleser -- I hope I'm getting that right -- and followed by Robert D Pratt (sic). MR. KLEIER: Hi there. I'm George Kleier. I represent Naples South Shopping Center, which is at the corner of Rattlesnake and 41 . As everybody knows, that property has struggled many years even before we owned it. We've been in ownership for over 10 years on the property. Page 133 June 23, 2015 We've strived to improve the property. I think we bring a unique perspective to this whole discussion because we're looking at a redevelopment plan, and that redevelopment plan would mean bringing in some great retailers, you know, possibly a Wawa, possibly a medical use, possibly other tenants that would follow a development like this. And as we met with staff and got positive feedback from them regarding the possibility that we can do this, we ran into the issue of this code would turn around and block it altogether. We are in a C4 zoning and, you know, our rights being taken away is very disconcerting. The -- you know, we're very concerned about the intersection, the property, also the community. We would love to see this property improved not only from an economic standpoint, but also from a reputation standpoint. There have been many things that have come on the table to be done, and we just can't seem to get it off to the next level. And this opportunity would give us the chance to make a drastic change in the market. So we would like to see this tabled or put aside so that we can go forward with our development. That's -- thank you. CHAIRMAN NANCE: Thank you. MR. MILLER: Mr. Chairman, your final speaker on this item is Robert D. Pratt. COMMISSIONER TAYLOR: Pritt. MR. MILLER: Pritt. My apologies, sir. MR. PRITT: That's okay. Yes, for the record, Mr. Chairman, members of the commission, my name is Robert Pritt. I find myself in a very strange situation. I agree with Mr. Yovanovich and Mr. Anderson on a matter, and that might be a new high or a new low, depending upon your point of view. Mr. Kleier, my client, has -- Page 134 June 23, 2015 COMMISSIONER HILLER: You're just giving them credibility. Sorry, guys. MR. PRITT: Thank you. Mr. Kleier's already given you the thumbnail sketch of the particular property that we're concerned with, and that is the Naples South Plaza. The owner is Naples South Realty Associates. And it is -- from the owner's standpoint, it is a well located property, but it has suffered economic obsolescence. The proposal that we have would be to remove the northwestern part or the -- it's on the north side of Tamiami Trail East, and -- I'm sorry -- on the east side there, furthest away from Rattlesnake Hammock Road, that would be the part that would be removed, and it would be torn down for a gas station of this nature, whether it be Wawa or RaceTrac or anybody else, so we'll be glad to talk to them. But we have been in negotiations for some time now. And this is something that's really needed. That particular property is probably more vacant than having anyone in it and rented, and this would be a real shot in the arm for a nice plaza -- otherwise nice plaza down at that end. So that's a good thing. The problem is, I looked and looked around the property, and you can't really see it from the property itself, excuse me, but from an aerial you can see that the back of the property nips, by about 50 feet, an adjoining property that has multifamily residential. And so it's not much, but it's just enough to put us into the ordinance and into the -- into this rezone. And in effect, because of the 250-foot and the internal buffer, the external and the internal buffers, it just could not be developed under the new standards that are here. So, obviously, we're here for a selfish reason, but that is the situation that we're kind of stuck with. Our request would be that, first of all, consider not adopting the ordinance for reasons that you've heard already; secondly, consider Page 135 June 23, 2015 reducing the setback distances by, let's say, half. That would solve our problem, we think; and, thirdly, if you're going to adopt the ordinance, would you please consider adding a provision to the effective date that actually grandfathers in those properties such as this one. I've drafted a sample sentence that could make the situation go away. I've given it to your County Attorney. It would just be one sentence in there that would say, if I say may, just add to the effective date transition period, however, it shall not apply to any property upon which an application has been made or which a pre-application conference has been held prior to the effective date providing that a building permit is issuable within 180 days after the effective date. That would at least try to address some of the Bert Harris problems. Those are very real problems, by the way, in my opinion, and this would help to address that. CHAIRMAN NANCE: Thank you. MR. PRITT: Thank you very much. COMMISSIONER HILLER: But only in your case. But only in your case. CHAIRMAN NANCE: Okay. MR. PRITT: Yes. In the case of those that may already be in the pipeline, yes. CHAIRMAN NANCE: All right. I am starting off with Commissioner Fiala, who has had her light on since the beginning, and then we're going to Commissioner Henning. COMMISSIONER FIALA: Thank you very much. It's interesting to listen to everybody. And we as County Commissioners must sit here and think of everybody's property rights, not only the people who want to build gas stations, but the people who already live there and have the sanctity of their own neighborhood and the peace and quiet of where they've lived and their life savings invested in that property. Page 136 June 23, 2015 We have to come up with a solution that everyone can live with without saying no to one and yes to another, and that's a difficult position to be in. In some cases it has worked out. For instance, RaceTrac was up here, and they've put in a couple gas stations that -- actually, we've worked with them. Our hearing examiner has worked with them, and they've put in some acutriments that would allow the people who live right behind them to live with them. Like they backed up right against a trailer park, a 55-and-older trailer park, but they did put -- it didn't call for this, but the hearing examiner worked with them, and they were able to put up a 9-foot wall and trees on both sides, and they shielded the lights. And so the neighbors felt that they could live with that. However, they wanted to put a 24-fuel pump gas station right in the backyard of many others. Now, why would you ever want to back up to a whole neighborhood of people with 24 fuel pumps and this neighborhood has -- you can't build a wall high enough to protect them. I mean, when you've got people that -- they're all stilt houses, those cute little Key West houses all on stilts. You'd have to build a wall 25-foot high in order to protect them. That is -- I don't know. The people who went and sought that property out really had a very poor choice of property in mind. They bought C4, yes. When our C4 codes were put in place, no one in this county -- in fact, I would say farther out maybe in this state -- ever would consider a gas station -- a major, monster gas station like they put on interstates to be put in your cute, little neighborhood. Who would ever think of that? We never thought of that. So when they say they had to be -- they should have known what they bought when they bought C4, nobody would ever think of a monster gas station. Before last year, nobody ever heard of one in a community. Page 137 June 23, 2015 Okay. Then we had -- as I was going down -- and I'm sorry, I've written notes. So I'll just stay right to the point each and every time. One of the things that our staff reviewed said they contacted environmental compliance officers -- and you have to listen to this -- from three area automobile service station companies to ask their opinion. Gee, that kind of sounds like the fox -- asking the fox, do you think those chickens are safe in that hen house? Yes, they're safe. I mean, that's -- you know, you don't contact them and ask what they would think. You know what the answer's going to be. I also wanted to clarify where the measurement is on the line from where you'd measure. Where is it on the property? I've been told -- and I just want to make sure that I understand -- it's the property line from the residence as well as the property line from the gas station. It's not from the gas pumps; is that correct? COMMISSIONER TAYLOR: That's right. COMMISSIONER FIALA: That -- see, to me -- MS. CILEK: Yes, that is correct. COMMISSIONER FIALA: I did know that, thank heavens. But, anyway, I just wanted it on the record. Thank you very much. You guys did a great job. I know that was a tough, tough job for you. It's trying to -- it's very difficult to try and make sure both -- both ends of this situation are served, and that's what we're trying to do. We're trying to make sure people can live safely and happily and peacefully in a neighborhood where they have gas stations. Now, the Planning Commission did not vote on the discussion of fuel vapors that -- so they have no comment on that one, and I just wanted to put that on the record as well. And then I wanted to say that Rich mentioned about property rights and with the threat of the Bert Harris Act, but people also have a right to their property rights where they've bought and paid for and are living. I think both ends have property rights, not only just the guy that Page 138 June 23, 2015 wants to buy the property. And, I mean, Rich with his kids, he wouldn't want a gas station moving right up to the back end of his house, and I don't think anybody else would either. But at the same time, maybe if there are provisions to lessen the amount -- say, for instance, in that particular instance where you're backed right up to a neighborhood, maybe you only put eight fuels pumps in. Now, that's still more than the people ever bargained for, but that would have fit into the original C4 that was planned when they put the C4s together in the first place, not 24 pumps. Okay, fine. Secondly, about the canopy, I think that that should be discussed as each one comes up. I can understand what this Mr. Hardy said about canopies. It's just kind of like a logo if-- on a McDonald's, I mean, you're not going to put a square sign on a McDonald's, because that isn't their logo, so you have to consider that. Although, I have to say, the ones -- now, they're only building right now in East Naples, the RaceTracs. But I have to say that the last two canopies look pretty decent. And I think, actually, they looked nicer maybe than the one on Airport Road only because that looks more commercial. But I think you have to consider the neighborhood, and design something on your canopy that would fit into a neighborhood. Thirdly, each location has different characteristics, and I think that's one of the things that the LDC would be triggering would be -- yes, it's a conditional use. That's not saying no to anybody. I've heard a lot of people saying no. It's not saying no to anybody. It's just saying, now we have a different condition here, and we need to see what we can do to buffer it so that both property owners are protected. I think that that's all we're really trying to say. We're not trying to take away anybody's property rights. We just want to make sure that both properties are protected, and so that way you can weigh in on that Page 139 June 23, 2015 and have something to -- like, for instance, with the property over there by Manatee Road where they were able to build a fence to separate them. The people are completely out of the light ranges and the noise range, and so they seem to be able to live with that. And, as I said, it doesn't mean that we're trying to deny anybody anything. Each property owner will then end up whole. So these are my notes so far. I hope you don't have to hear from me again. Thank you. CHAIRMAN NANCE: Commissioner Henning, then Commissioner Hiller. COMMISSIONER HENNING: Thanks. My understanding -- correct me if I'm wrong, Jeff, this is not -- this amendment is not because of one particular site, one particular company. It's about a compatibility of a new type of service which is bigger. MR. KLATZKOW: That's correct. COMMISSIONER HENNING: And it -- okay. The conditional use is not saying no. It's not taking anybody's rights away. It's just to make sure that we take a look at it and make sure it is compatible with the neighboring property; in this case it's residential. MR. KLATZKOW: I think Commissioner Fiala said it well. COMMISSIONER HENNING: Yeah. It's not taking anybody's rights away. MR. KLATZKOW: No, it's not. COMMISSIONER HENNING: It's just -- it's just a different process. And, you know, we're getting arguments on both sides. It seems like we hit the target with this one that we're not satisfying anybody, so we should approve it. It's a happy medium. COMMISSIONER FIALA: Is that a motion? COMMISSIONER TAYLOR: Yeah. Is that a motion? Page 140 June 23, 2015 COMMISSIONER HENNING: Yeah. COMMISSIONER FIALA: I'll second it. COMMISSIONER TAYLOR: Oh, well done. COMMISSIONER HENNING: It has to still come back for the adoption which will be -- MR. OCHS: July 7th at 5:05. COMMISSIONER HENNING: July 7th? MR. OCHS: Yes, sir, at 5:05. COMMISSIONER HENNING: At 5:05 p.m. That's all I have. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: Well, I do agree that residential neighborhoods absolutely have to be protected, because this is -- these are large gas stations, but we clearly have a history of putting in large gas stations. I'm looking at the map in front of me. It does not show me the number of stations that have eight-plus pumps, and I would bet there are a lot of them that have eight or more fuel pumps that haven't been identified. Do you have a picture of that? MS. CILEK: I'm going to look through my binder, and I will see if I have one. COMMISSIONER HILLER: I hope you do, because I think that's a very important map to look at. I'm very concerned about the legal aspect of the conditional use. I agree with the requirements, and I do think that they need to be addressed, but I do agree that we do need requirements to protect these residential neighborhoods, and I think we need to go through each requirement that's being proposed in this particular amendment and determine whether or not that is the best condition to impose to protect residential properties that abut. Page 141 June 23, 2015 And I listened very carefully to what Mr. Anderson said and the difference between adjacent and abutting, and I do agree that it's got to be "abutting" property, not "adjacent," especially in light of the definition, and that impact which would definitely be not what was intended. COMMISSIONER FIALA: I agree. COMMISSIONER HILLER: So I think we need to take each of the conditions that's being proposed here and address it, and I think we need to be very careful on considering the conditional-use provision as a requirement, because I do believe that that could lead to a lot of litigation both from existing gas station owners that might want to redevelop as well as properties that are zoned that would allow for a gas station that could accommodate eight or more fuel pumps. So conditions to protect, absolutely. Whether or not we can legally require that these petitioners come back and be heard under a conditional-use standard -- you know, if I have Bob Pritt agreeing with those other two lawyers, then I worry about litigation. And I do see Bert Harris as a real potential issue for the county on this matter. When is the moratorium over? What's the end date? MR. KLATZKOW: Well, I was going to come back next meeting and say you really need to end it. COMMISSIONER HILLER: Okay. Well, I mean, I think we need to make the decision next week. I think there needs to be an end date. I mean, I don't think a moratorium is valid without an end date. MR. KLATZKOW: No. I was going to come back with an item at the next meeting saying if you don't pass this LDC, you need to end the moratorium. COMMISSIONER HILLER: Yeah. Well, I think we can pass it in part, but I don't think that we can legally pass it with that conditional-use stipulation, and that would be my position. So I think we need to work through it. Page 142 June 23, 2015 CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Well, I kind of blood, sweat, and tears over this. I always say -- people ask me what it was like to be elected to the commission, and I said, well, it was baptism by fire because my first meeting was the neighborhood meeting regarding a gas station. I tried every which way to get the planning staff to agree that this new -- I'll use Commissioner Fiala's words -- monster gas station is an entity unto itself, that the writers of the code in 1987 could never even fathom that this was coming down the pike. But I was outvoted and probably very wisely by people that know a little bit more about planning than I do. And so that what that does is put a gas station in C4 zoning and -- but it's a different animal. It's a gas station, but it's a different animal, and I think that's why this ordinance is so very, very important. And a conditional use is important. A conditional use is important to both sides, because we've heard some testimony this morning or this afternoon regarding a special condition. This is a little bit different than the other, and we've got this going. All this can be aired in a conditional use. So I don't see it as a burden. I certainly don't see it as a Bert Harris action. I've -- COMMISSIONER HILLER: It is. COMMISSIONER TAYLOR: Through the years (sic) I've been sitting up here, it's usually -- it seems to be a common club, the Harris settlement issues, meant to scare and intimidate, and I'm not sure it's even valid now. No one's taking anyone's rights away, but what we're saying is to build a gas station, a monster gas station, next to residential in Collier County, you're going to have to go a little bit further than you would somewhere else. As far as consistency, I've been in communities where you go into Page 143 June 23, 2015 -- in Florida communities where you drive and you go right past a gas station, and you're not even sure it is a gas station because of the requirements of the zoning of that community, especially service stations or commercial areas that are nestled against residential. This is not uncommon. We're not inventing the wheel here. This is something that -- whose time has come. The residential adjacent to U.S. 41 north and south, Commissioner Hiller's neighborhood, her district, certainly Commissioner Fiala's and mine, have not -- the commercial is there, but the residential has not had the benefit of recent zoning, and recent zoning is PUD zoning. In PUD zoning, residential is put next to commercial. Everything is nicely scripted. It's beautiful. Everyone lives happily ever after. But in the older parts of our community, that's not been the case, and we really need to look at it, because we need to protect those residential areas, the citizens who pay taxes and have sunk their life savings into these homes and want the best for everyone. So as we go forward, I would really like to examine -- and I've mentioned this -- I understand it's called straight zoning. I may be incorrect in that, but I really want to look at straight zoning and see how it impacts our residents because, you know, look around. Naples and Collier County is a residential community. It's about the people who live here, the people who want to live here, the people who sink their savings into homes to have a quality of life that we -- we laud, and we want them to have it. And this is where it starts, especially with this new breed of gas station. So at that point -- I know we have a motion on the floor and a second. And if it's all right, I'd like to call the question, please. CHAIRMAN NANCE: Well, first, we have a few more speakers, ma'am. COMMISSIONER TAYLOR: Oh, we do? Page 144 June 23, 2015 CHAIRMAN NANCE: Yeah, like me. COMMISSIONER TAYLOR: Oh. Well, I don't mean to preclude you, sir. CHAIRMAN NANCE: That's okay. COMMISSIONER TAYLOR: My goodness, no. CHAIRMAN NANCE: I'm the Chair. I can get a word in occasionally. I believe that these larger gas stations are a little different animal than, perhaps, traditional ones; however, I think before we condemn them, we need to realize that if we decide not to -- basically, to be a community that doesn't welcome large 24-pump gas stations, that for each one of those that we don't have, we're going to have to have three 8-pump gas stations, which makes we wonder how many gas stations we want to service the needs of our community. Do we want them all over the place, or is it better and safer for us to, indeed, have them more concentrated? I think that an evaluation of any service should be that way, and I think if you examine it, you'll see that more intense uses in fewer locations is a much wiser planning element than the other way around. COMMISSIONER FIALA: I wonder if they get them all into one area, like 10 into one area. CHAIRMAN NANCE: Well, you know, you have to allow the free market to decide where things are built if you want to be a community that wants to have the free market function. One of the problems we have is we have a distinct difference between most of my district that has very little commercial and actually very, very few automobile service stations that vend gas compared to the urban coastal zone that has a lot of property that within even my lifetime, within the next 20 years, is going to all be developed to a higher and mostly more intensive use, and that is the properties that are along U.S. 41. Page 145 June 23, 2015 There are many, many properties that are C2, 3, 4, and 5. And if you'll examine the list of things that are allowed in C2, 3, 4, and 5, you'll find that many of those uses in those commercial uses are much more intensive and much more intrusive than any gas station you could construct or any convenience store you could construct. They're much more aggressive. They're all currently allowed by right. That redevelopment is going to take place. If we are so restrictive in our community, I think what we're going to do is we're going to restrict our community from receiving quality commercial investment, particularly along U.S. 41, simply because people don't necessarily want more site standards or enhanced standards. They simply don't want it near them. I haven't heard people say that they're willing to work with standards. They say, I don't want that next to my house. Well, take a look at what's allowed in C4 and C5, and tell me what it is you want next to your house. They're going to tell you they don't want any of it. So where are we going to go with the conditional-use process when the citizens that own property abutting C3, 4, and 5 properties simply don't want C3, 4, and 5 uses on those properties that are right on U.S. 41, which is the main road going through our community? How are we going to come to grips with that? We have to have a land development code and a growth management plan that has rules. We have rules. Everybody has known what the rules are for a long, long time. Sometimes they don't like to live by the rules that they themselves used because they don't like change, and that's unfortunate. So I really think that we're making a very, very serious mistake by adopting a conditional-use provision for this, because I think that every single time we come up with a use that is intrusive in these C3, 4, and 5 zonings, we're going to have the same issue come up. It's going to be the same issue. It's going to be visited over and over and over. Page 146 June 23, 2015 And I really don't believe there's a nexus here between health, safety, and welfare. I think it's a situation where somebody doesn't want a commercial use next to their home when they've never had one, despite the fact that they built next to commercial property. So I really can't support a stand-alone conditional-use provision, but I would really like to see us adopt enhanced site standards that allow these investors to come and make a commitment to make these uses compatible, and I think that can be done. I think it's been demonstrated time and time again that that can be done if the community will work together with commercial folks that want to come here. So we really have to decide what we want. If we don't want commercial people to come here, we can make it so difficult to come that we discourage those quality people. And I think that some of the applicants that have come and testified today are really building quality products, and I would hate to see Collier County miss out on that. Ride down and look at the gas stations that we currently have and answer the question: Which one do you think is a quality facility? Which one do you think has got the economic staying power to monitor groundwater safety when we have fuel on the ground? Which ones are going to operate the standards? Which ones are operating in a clean manner? Which ones are operating safe facilities? Which ones are making an investment in the community? It's not some of the small gas stations that we have today. Some of them are horrendous. Ride between this courthouse and County Road 951 and see how many gas stations can compare to some of the installations we've seen in the last five years. You won't see it at all. Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: I think if you look at the map, which is very hard to see from the overhead, there is a very large volume of gas stations in the over-10 range. Page 147 June 23, 2015 My concern is identical to yours, identical to yours, Commissioner Nance. I certainly see the need for setting standards to buffer residential neighborhoods, but I can't support the conditional-use provision because I am -- I just don't believe it's legal. And if it was legal, it would be something that, you know, maybe could be contemplated, but I can't support it. But I certainly support -- CHAIRMAN NANCE: I think it's going to be abused, ma'am. I don't think it's going to -- I don't think there's a good-faith effort to engage in a systematic conditional use, but that's just me. Commissioner Taylor? COMMISSIONER TAYLOR: Oh. Just, Commissioner Nance, who's going to abuse it? You said it's going to be abused. CHAIRMAN NANCE: Ma'am, when you make every -- when -- we had several gentlemen here that were entrepreneurs that came in and said what they need is certainty, and what they need is they need a list of rules that they're required to follow. When you have some of these conditional-use processes that are left open ended so that there's a great many reasons why things can be denied that have no rational nexus, that makes every decision on an economic development a political one. And there are many examples where we've had a situation where an issue's been blown up because people just came and said, you know what, I don't like that next to my house. Not liking it is not a reason and is not a basis for development of land development code and growth management rules. Not liking it is not a reason. Being incompatible for some rational nexus is a reason, but you have to have standards that are consistent and that follow between the different sorts of commercial uses, C2, C3, C4, and C5, which sequentially become more intense. And there's a reason why the uses in those have been defined and placed in those buckets. COMMISSIONER HILLER: Right. Page 148 June 23, 2015 CHAIRMAN NANCE: And that has been thought out over many, many years. When you go in and all of a sudden you say, wait a minute, this gas station is not like any other gas station because it's a little bigger, you know, I'm not sure that that's very well thought out. So what I'm saying is perhaps you should restrict size to the upper zoning, C4, C5 or something like that, you know, I don't know. But we have to be very careful when we've gone on for years and we start limiting people after we have allowed them to invest in our community with these rules in place, they've made business decisions, they've come to our community, they've invested in land based on the rules in place, that we change them on the fly at their peril. That makes our community very, very tough for people to come to, and I don't want to get on that slippery slope. COMMISSIONER TAYLOR: But I don't think we are, sir. I mean, who's doing anything on the fly? How long has this taken? This has taken over a year, and we're struggling with it even now. CHAIRMAN NANCE: There's no rational nexus, ma'am, for doing this. COMMISSIONER TAYLOR: For doing a conditional use? CHAIRMAN NANCE: Yes. COMMISSIONER TAYLOR: Live behind one of these -- live off of U.S. 41 -- CHAIRMAN NANCE: Ma'am, have you looked at the list that's in C4 and C5? COMMISSIONER TAYLOR: Yes, sir. CHAIRMAN NANCE: Take a look at what it is. There are multi-story buildings that could be right up against residential by right today. COMMISSIONER TAYLOR: Right, right. CHAIRMAN NANCE: What are you going to do when that happens? Page 149 June 23, 2015 COMMISSIONER TAYLOR: We're talking about gas stations, specifically about gas stations. Gas stations that are usually 24 hours, usually have music, usually have lots of traffic and sell things 24 hours a night -- through the night. CHAIRMAN NANCE: I understand, ma'am. I understand the issues, and I think that the -- I think that the Planning Commission has gone through in a very systematic way -- COMMISSIONER TAYLOR: Right. CHAIRMAN NANCE: -- and demonstrated ways in which those things can be mitigated. And I think they're very good, and I think they're thoughtful. But to take every single one of these and throw it into conditional use, I think, is without -- I just don't think it's called for. I think it's without merit. I don't think it's so intense that it dictates that compared to some of these other things that are allowed by right. These lists are very big with some very, very intrusive, aggressive commercial uses by right. And I don't think this approaches many of those, which begs the question, what do we do when we get to those? Or maybe we don't want those in our community at all, and -- COMMISSIONER TAYLOR: Well, the issue is not wanting them in our community. The issue is the appropriateness of where they are placed. CHAIRMAN NANCE: What's the difference? COMMISSIONER TAYLOR: And as we grow, we become denser. And as we become denser, we don't become denser with factories; we're not becoming dense with retail. We're becoming more dense with people. That's what Collier -- Collier's about. CHAIRMAN NANCE: Well, they need services, ma'am, and you've got to put them somewhere. COMMISSIONER TAYLOR: Yes, sir. No one is sending them Page 150 June 23, 2015 to Lee County. But what we're saying is -- CHAIRMAN NANCE: Oh, yes, we -- yeah, we are. We actually are. COMMISSIONER TAYLOR: -- there are -- they're not going to Lee County for gas for God's sakes. CHAIRMAN NANCE: No, the businesses are going to Lee County. COMMISSIONER TAYLOR: Well, that's another subject. You can't -- CHAIRMAN NANCE: That is exactly the subject. COMMISSIONER TAYLOR: No, sir. You can't broaden this umbrella and put what is happening economically and X -- you know, Naples-founded company is now moving somewhere else because they can't have a ready building and there's nothing large enough here. You can't -- you can't equate that to a gas station. CHAIRMAN NANCE: No. What I'm saying is we're not being business friendly. We're being so onerous with some of these conditions, and we're not doing it with a rational nexus. We're doing it just because we don't like it or we think we don't like it. There's no rational nexus. There's no reason why a lot of these things can't be mitigated. So this whole discussion about health of vapors is a red herring. This is total nonsense. COMMISSIONER TAYLOR: There's not one discussion about that in what's before us; there's not. What is before us is what the planning department has come and the Planning Commission has worked out. It is -- it is a -- it is a document that can be used. It's a live document, which means once we pass it, if we pass it, it's not going to become obsolete. It encompasses going forward, and it gives both sides an opportunity to come together in -- before us to work out these Page 151 June 23, 2015 conditions so that we are assured that everyone's rights are protected, and the residents are protected. Both sides. What is the problem here? COMMISSIONER HENNING: Can I chime in? COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: Commissioner Henning. COMMISSIONER HENNING: Commissioner Nance, thank you for the conversation. I think it's worthy. You recognize in our Land Development Code, in the different zoning districts there is a conditional use already -- CHAIRMAN NANCE: Yes. COMMISSIONER HENNING: -- in C4, right? CHAIRMAN NANCE: Yes. COMMISSIONER HENNING: Do you recognize that we're just asking to add this particular size of the conditional -- or size of the use into the conditional-use category? CHAIRMAN NANCE: Yes. COMMISSIONER HENNING: But you don't like that? CHAIRMAN NANCE: No, I recognize that. COMMISSIONER HENNING: Okay. But you don't like it? CHAIRMAN NANCE: I just don't know why. COMMISSIONER HENNING: Okay. Well, my perspective is you have a use that has changed in some aspects. CHAIRMAN NANCE: Okay. COMMISSIONER HENNING: And it's getting huge, okay. It's not doing anything with the smaller ones. And, in fact, if you take a look at the conditional uses, automotive service dealers, you don't see small ones. You see big ones. CHAIRMAN NANCE: Sure. COMMISSIONER HENNING: And there are gas stations -- gasoline service stations within that conditional use, boat dealers, Page 152 June 23, 2015 bottle clubs. You know, some of the things that you may want to consider putting on conditions if it's next to a residential. That's all it is. CHAIRMAN NANCE: Well, Commissioner Henning, you're right, and I understand that. But here's my point. COMMISSIONER HENNING: All right. CHAIRMAN NANCE: My point is that we're considering the size of the commercial. Our community's getting bigger -- COMMISSIONER HENNING: Right. CHAIRMAN NANCE: -- and the commercial in some of the installations are getting bigger, and the uses are more intense, and that's true. But where in Collier County can you be on or near a major road that you're not near a residence? COMMISSIONER HENNING: There are several. You're just looking at U.S. 41 where you -- CHAIRMAN NANCE: Yeah. I'm using that as an example. But look at the corridor on U.S. 41 that we have that's eligible for redevelopment, and that's where many, many of these entrepreneurs are looking. They're wanting to put in restaurants and commercial of various kinds and so on and so forth. There is some residential basically everywhere. So in my view, you have to look at, okay, if you're abutting residential, how much residential are you abutting? Are you abutting a whole neighborhood? Are you abutting one single home? COMMISSIONER HENNING: Okay. Well -- CHAIRMAN NANCE: So what I'm saying is, your point is well taken and I agree, but I think it ought to be considered both ways. If it's near residential, how much residential is it going to impact? Is it going to impact one person that's been there, living there since 1950, and that's a reason for us not to do it, or is it brand new community that's a high density community where, you know, you have many, Page 153 June 23, 2015 many people that are exposed to, you know, a tough transition between commercial and residential use. So I think you have to look in both directions on this -- COMMISSIONER HENNING: And that's the time, on a conditional use, that you take and examine that of the facts and make a determination. Now, I agree with you, most of U.S. 41 is platted strip zoning, platted single-family homes behind it; however, there are some PUDs. CHAIRMAN NANCE: There's a few. COMMISSIONER HENNING: Yeah, along U.S. 41 that I don't know if they do or do not provide gas stations. Those are still going to continue whether it's a Wawa, 7-Eleven, or a RaceTrac. The issue is you have an opportunity to take a look at, is it a real concern or is it not? CHAIRMAN NANCE: Right. COMMISSIONER HENNING: So I'm in favor of moving it forward. If you're not in favor, then we have to decide something different. So let's vote on it and see where we go. COMMISSIONER FIALA: May I just add one last thing, although that was a beautiful speech. And I'll just -- you had said you just don't understand why it can't be mitigated, and that's exactly what we're trying to do here is give it a conditional use so it can be mitigated. Not to stop it but to mitigate it. COMMISSIONER TAYLOR: Oh, no. We can't stop it. This is an allowed use. COMMISSIONER FIALA: Maybe he just didn't understand that. COMMISSIONER HILLER: You can stop it with a conditional use. That's the problem. I think setting the residential standards -- and, really, I don't know if we shouldn't be looking at residential standards for all gas stations, not just, you know, eight-plus. I mean, I think maybe what we need to do -- because, I mean, Page 154 June 23, 2015 obviously the issue is gas station to residential. The site-specific standards, I think, need to be, you know, whether there's eight station, 20 -- I'm sorry, eight pumps or five pumps or 15 or 20 pumps. So I have to agree with Commissioner Nance that the conditional use does create, I think, a property-rights problem, but I think setting standards to fully protect -- and I think what communities need to know is these are the standards. So if someone doesn't feel they're -- there's adequate protection, they don't move there. And what we should do is try to set standards that are so protective that neighborhoods that could face the potential of a gas station, regardless of the number of pumps, know that they'll be shielded. I mean, I think these neighborhoods should be shielded regardless of the size, and I think we should do it by site-specific standards so both the communities know as well as the commercial enterprises. COMMISSIONER FIALA: So I hear two votes against it, which means this fails. So what happens then? When this fails, what happens? How do we protect the citizens? COMMISSIONER HILLER: Well, because what we need to do is set the standards. What we've got in here -- COMMISSIONER FIALA: Well, we just tried to. COMMISSIONER HILLER: No, no, we didn't. The only standard that we are disagreeing with is the conditional-use provision. Setting the site-specific requirements, like, for example, the number of feet away from the pump, the fact that, you know, it relates to what abuts, the nature of the canopy, the size of the buffer, the -- those kind of conditions we can set now. COMMISSIONER FIALA: Which would protect the neighborhood, right? COMMISSIONER HILLER: Completely, right. COMMISSIONER FIALA: And that's what we would do with a Page 155 June 23, 2015 conditional use, which is what we're here for. COMMISSIONER HILLER: Right, but -- yeah, but I don't think COMMISSIONER FIALA: We're here to protect our citizens. COMMISSIONER HILLER: I understand, and we need -- COMMISSIONER FIALA: They can't protect themselves. COMMISSIONER HILLER: But what we need to do is set that by law now in the code. Instead of doing it on an ad-hoc basis, say these are the standards, and so there's no ambiguity. Because, like -- let me give you an example. Let's turn this board around. Let's pretend we have a board that really doesn't care about protecting residential neighborhoods, and you create this conditional-use standard, and they don't put conditions in there, and they can. They can say, okay, well, then we're not going to put conditions in and we're going to just let them go. And we could actually have residential neighborhoods that are not protected or inadequately protected. COMMISSIONER FIALA: No, I don't think you're right at all, to be honest with you. If you say -- COMMISSIONER HILLER: We need standards. CHAIRMAN NANCE: Let's go to Commissioner Fiala and Commissioner Taylor, and then we'll come back around again. Let's keep talking here. COMMISSIONER FIALA: Okay. I just wanted to say if you set certain standards, then that's standards that you've drawn a line in the sand -- COMMISSIONER HILLER: Correct. COMMISSIONER FIALA: -- whereas, if you've got a conditional-use application and say, for instance this is a gas station that can build up to 20, right, but they want a different canopy, it still goes into conditional use, but okay, fine. So you can work that out. Page 156 June 23, 2015 Each standard doesn't apply to every station nor to every neighborhood. I think there's so much room here for us to be able to say yes to everyone as long as we can come up with an agreement. And I think everybody's ready to walk to the negotiation table, either side. They just don't want you to say no, and we don't want to say no. We've been encouraging new business to come to the area. It's just that we want to make sure that we also don't shoot ourselves in the foot by saying yes to everybody before we consider the neighbors that are living there. COMMISSIONER HILLER: I think -- I think if this motion fails, then we come back and we look at the standards, and we draw a hard line in the sand and say, if you want to build close to a residential area, these are the standards. CHAIRMAN NANCE: Let's go to Commissioner Taylor for some comments, and then I'd like to say a few more things. Go ahead, ma'am. COMMISSIONER TAYLOR: I wonder if staff could explain again what would trigger a conditional-use process. MS. CILEK: Absolutely. If you look at the amendment on Page 6 at the very top of the page, it's Letter C, and it says location standards. And I'm going to put it on the -- great, yes. COMMISSIONER FIALA: I don't know where Page 6 is. COMMISSIONER TAYLOR: Right here. MS. CILEK: The very top. That is the provision that would require a conditional use when a facility has eight or more pumps and is within 250 feet of residential property. Now, the eight fuel pumps -- CHAIRMAN NANCE: It's Section C, right, ma'am? MS. CILEK: Correct, Section C, 5.05.05.C. The eight fuel pumps are just the baseline. That's what the moratorium is based on, and that's what we felt comfortable bringing forward to you today; however, that could also be adjusted. That could Page 157 June 23, 2015 be 16; it could be 20. So just as an option. And it is a stand-alone provision. Without it, the amendment could also move forward with the site standards and no changes, or very small changes could be made, and the amendment is also complete at that point. It's not connected with anything else. CHAIRMAN NANCE: That means that any facility -- the only facilities that would not be in a conditional use would be a facility with seven pumps or less -- MS. CILEK: Correct. CHAIRMAN NANCE: -- located outside 250 feet from residential. COMMISSIONER HILLER: Which means they'll all become -- because very few people, if any -- or very few businesses, if any, are building less than eight pumps, which means every fuel pump station will be a conditional-use hearing. MR. KLATZKOW: No. They must be within 250 feet of residentially zoned property. COMMISSIONER HILLER: Right, that's within 250 of the residential area. MS. CILEK: To relate what Commissioner Nance was speaking about, it would be seven or fewer fuel pumps, and then it could be within 250 feet of residential property. Those people, those gas stations would not have to go through a conditional use; however, if they were adjacent, they would have the additional supplemental standards to follow, which are to help address compatibility. CHAIRMAN NANCE: So how many -- COMMISSIONER HILLER: I have a problem with seven or less. CHAIRMAN NANCE: How many facilities have been built with seven pumps in the last five years? MS. CILEK: I can look that up. It's actually in the back of my Page 158 June 23, 2015 binder. Not very many. CHAIRMAN NANCE: Not very many. MS. CILEK: I'll just say that, though. I can get you the straight-up number if you'd like. CHAIRMAN NANCE: I think -- you know, I really like the enhanced site standards. I think we should adopt them as written, because I think they're very, very carefully crafted, and I think they're going to provide a tremendous amount of protection -- COMMISSIONER HILLER: Well, I think -- can I -- CHAIRMAN NANCE: -- but I cannot support Section C as it's written -- COMMISSIONER HILLER: Can we -- CHAIRMAN NANCE: -- because I think it's just going to throw every -- virtually every significant convenience store that wants to vend fuel is going to be forced into a conditional use regardless of where it is. COMMISSIONER HILLER: Can we call the question on the motion that's on the table so that we can see whether or not we're going to move on -- CHAIRMAN NANCE: There's a motion and a second -- COMMISSIONER HILLER: -- to the next issue. CHAIRMAN NANCE: -- to approve. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: All those opposed? Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: So it fails 3-2. COMMISSIONER HENNING: What about these site standards? Page 159 June 23, 2015 What are you talking about? CHAIRMAN NANCE: Section D -- COMMISSIONER HENNING: David? CHAIRMAN NANCE: Section D, David, and Section E, which were the supplemental standards for facilities with fuel pumps adjacent to residential property, or we could change that to abutting if you care to do that. MS. CILEK: If I may? CHAIRMAN NANCE: These are all enhanced -- you know, these are enhanced standards designed to address -- MS. CILEK: They are. CHAIRMAN NANCE: -- incompatibilities with residential. MS. CILEK: There are some additional changes that we can walk through that are in the remaining sections that would also help to update and address compatibility issues. COMMISSIONER HILLER: Can we go through each site-specific standard that we're addressing? And then I think what we also need to do is decide if this is only going to apply for eight or more or if this should apply to all gas stations. Because, you know, I think a residential community abutting seven stations should be equally protected. I'm not sure that we should narrow the protection. COMMISSIONER HENNING: Is that how you feel, Commissioner Nance? MS. CILEK: The supplemental would apply to everyone. CHAIRMAN NANCE: Sir? COMMISSIONER HENNING: Is that how you feel, Commissioner Nance? CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: Say that again. MS. CILEK: Supplemental Standards E on Page 7 would apply to all facilities that are currently adjacent. It could be abutting. Page 160 June 23, 2015 COMMISSIONER HILLER: Well, I think we need to go through -- because I think -- I think it was Mr. Anderson that did indicate that there is a problem with the word "adjacent," and it should be "abut" -- MS. CILEK: Sure, we can discuss that. COMMISSIONER HILLER: -- because, I mean, that -- the unintended consequences, literally -- CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: -- of being, you know, like, across a highway because it's adjacent makes no sense. CHAIRMAN NANCE: I think that's a good catch. COMMISSIONER HILLER: And then the other thing is the issue about the canopies. I'm not sure I understand, you know, why having a roof of one type or another has any impact. If-- you know, if the gas station is properly buffered, I don't think we want every gas station to have, like, a flat roof or a pitched roof. I mean, basically that just -- I can't even imagine. Every gas station would look the same, identical. MS. CILEK: You know, the concept behind the canopy standards is to add some visual relief to the streetscape if you're adjacent to residential or if you're not. And what we did is we looked at gas stations in Collier County, and we looked at those that were developing outside of Collier County as well. And I have some images all of canopies that have been built over the period of, you know, now back to probably 15 years. COMMISSIONER HILLER: Are you going to allow a selection of canopies, or are you going to say, like, you could only do this single -- I'm not quite sure I understand the canopy issue. MS. CILEK: Sure, that's a good question. The way that is currently structured is that they would have the option of doing a pitched roof. That's on Page 6. And it's identified as a slope ratio, and Page 161 June 23, 2015 also some roof edge or parapet line changes. And I can give you -- COMMISSIONER HILLER: You're only giving them one choice? MS. CILEK: And then the other option would be C, little two, and that could be a flat roof but with some recess and projections to it, the E fascia. And the inspiration behind the second one was actually the RaceTrac that has recently been constructed that went through the City of Naples Architectural Review Board near where I work on Airport, and that has some projections and recesses as well. COMMISSIONER HILLER: So we're not going to allow any roofs except those two roofs? MS. CILEK: Those would be the two options that they could choose from. CHAIRMAN NANCE: They're canopy standards, ma'am. COMMISSIONER HILLER: Oh, the canopy over the pumps? MS. CILEK: Uh-huh, yep. COMMISSIONER HILLER: And those are the only two that we would allow? MS. CILEK: Well, there is design flexibility as well through an architectural deviation process, which RaceTrac identify that they are approving of because it allows for some flexibility to the actual face of the canopy. Currently they are not -- currently they are prohibited from putting any accent banding on it. That is what you see on the Airport one, and this would allow for it. COMMISSIONER HILLER: The deviation? MS. CILEK: Correct. Currently they're not allowed to go through that process, and this would. We pulled these standards, these two options from our existing architectural and site design standard. We didn't want to reinvent the wheel. We wanted to, you know, utilize standards that are familiar within our county and also are illustrated by recent development and Page 162 June 23, 2015 gas stations in the county currently. COMMISSIONER HILLER: As far as the measurement from either the property line or the gas pump, I mean, what we want to do is protect residential communities from being close to the gas pumps. So I think it should be measured from the gas pump, not from the property line because the property -- COMMISSIONER TAYLOR: Oh, no. It's the opposite. COMMISSIONER HILLER: Why is that? MS. CILEK: It's something to discuss; however, we have identified it from property line to property line because we're addressing compatibility in this proposed LDC amendment. Previously we were looking at fuel vapor mitigation, and that's why we had identified it from the fuel pump to the residential property line. Here we're presenting property line to property line to address compatibility. COMMISSIONER HILLER: How does that address compatibility? Because, I mean, we already know it's zoned for a gas station, so how does that address compatibility? MS. CILEK: Well, it's zoned for a multitude of uses with whatever that zoning district allows, but it's -- we're seeing it not as just the pump but rather as both the convenience and the pump and just the use itself. But it is a discussion point. It's open to your -- COMMISSIONER HILLER: So could you explain to me how a measurement from the gas pump protects less than from the property line? COMMISSIONER HENNING: Mr. Chairman, I'm ready to make a motion. COMMISSIONER HILLER: Okay. COMMISSIONER TAYLOR: Yeah. COMMISSIONER HENNING: Okay? Because this discussion should be over a beer in your office, somewhere else besides here. Page 163 June 23, 2015 Because we could be here for days and days with this type of questioning. So I'm going to make a motion to direct staff to bring back in the adoption the supplemental standards written by staff adjacent, abutting -- you want "abutting," right? CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: Yeah. COMMISSIONER HENNING: Okay. Anything else? COMMISSIONER TAYLOR: I'd like to ask the County Attorney on that issue. That's our legal attorney -- COMMISSIONER HENNING: Yeah, that guy. COMMISSIONER TAYLOR: -- his advice. Abutting versus adjacent. MR. KLATZKOW: You know, I don't remember. How do you like that? COMMISSIONER HENNING: You know -- COMMISSIONER FIALA: Abutting means to same property line. Adjacent means close by. COMMISSIONER HENNING: I mean, staff showed the graphics of what it means in this particular type of use. I think it was very appropriate, but, you know, I can count to four. MS. CILEK: Yeah. Let me share with you the difference, more or less -- COMMISSIONER TAYLOR: Yes, thank you. MS. CILEK: -- which is that adjacent will include the neighboring easement if-- so if there's a 20-foot or a 3-foot FP&L easement, it will include that, okay, within the gas station. COMMISSIONER HENNING: What you showed, if it had a buffer, like in the PUD, it didn't include that. That wasn't adjacent. MS. CILEK: Abutting will be like the two -- like the easement is abutting the gas station versus adjacent would be the gas station would Page 164 June 23, 2015 encompass the easement, and then it would be adjacent to the residential at that point. So it encompasses easements like right-of-ways, which could be large or they could be small. COMMISSIONER HENNING: A buffer was -- go back and show the Board what it meant. Now, if you're abutting, if you have an abutting gas station to residential and that residential had a 200-foot buffer, 200-foot -- not easement, but, you know, the landscaping preserve, thank you, that you still have to, you know, go through those standards, those supplemental standards. And if you would adopt the reasonableness, as Carolina (sic) has showed, I think it would hit the target a lot better. Can you show us? MS. CILEK: So on the screen -- is this the slide that you're looking for? COMMISSIONER HENNING: Yeah. There's examples. Is it in our backup materials? MS. CILEK: There are three examples, yep. CHAIRMAN NANCE: That's the one that sets it apart so that it's not a conditional use. What I'm concerned with, Commissioner Henning, is the proposed site changes, which I think are all well considered, and those include the following: Enhanced site standards apply to all gas stations, which means the definitions are amended. There are architectural standards; there are canopy roof standards; there are lighting standards, and some of those are very close to dark skies; there are safety standards; and then when it's adjacent to residential property, you have another whole series where setbacks are increased, there are increased landscape buffers, increased wall heights, reduced lighting fixture height, increased illumination standards, and increased noise standards. COMMISSIONER HENNING: Right. Go back. CHAIRMAN NANCE: So what it's going to do is it's going to raise the standards for all gas stations to begin with, and then when Page 165 June 23, 2015 they're adjacent to residential, it's going to take it even to another level. I think this is a great place to start rather than just jumping to a conditional use, and that's what I support. COMMISSIONER HILLER: I agree. COMMISSIONER HENNING: Okay. Well, hang on. Go back to the previous slide from this slide where it shows the preserve. Now, you have the gas station shown there. Now, if we go to abutting, does that apply to this? MS. CILEK: No. COMMISSIONER HENNING: No, okay. MR. KLATZKOW: I'm going through your LDC definitions now, which are not the model of clarity. They're just not. CHAIRMAN NANCE: What a shock. MR. KLATZKOW: Your definition of abut is to share a common property line or boundary at any one point. COMMISSIONER HENNING: Okay. Well, Carolina just said, and it doesn't. MR. KLATZKOW: Adjacent is to share -- adjacent means abutment or separated by a public right-of-way, easement, or water body. COMMISSIONER HENNING: Okay. Well, I like what you like COMMISSIONER HILLER: So we changed -- COMMISSIONER HENNING: -- Commissioner Nance. CHAIRMAN NANCE: I think abutting is -- it just takes the -- it takes some of the questions out of it. MR. KLATZKOW: Abutting is easy because it shares a common CHAIRMAN NANCE: Border to border. MR. KLATZKOW: Border to border. CHAIRMAN NANCE: Yes. I think we need that clarity. Page 166 June 23, 2015 COMMISSIONER FIALA: And I think it's critical that, as it's already properly stated, that it applies to all gas stations. COMMISSIONER HENNING: Did I make a motion? COMMISSIONER TAYLOR: Yes, you did. CHAIRMAN NANCE: What did you make a motion? COMMISSIONER HENNING: It includes the abutting. COMMISSIONER HILLER: Okay. MR. OCHS: Got it. COMMISSIONER HENNING: Did somebody second it? COMMISSIONER TAYLOR: Nobody did. COMMISSIONER HENNING: Nobody seconded it. CHAIRMAN NANCE: I don't think we understood that we had a complete motion on -- I thought you started on it, but I'm not sure you finished it. Do you want to start again? COMMISSIONER HENNING: Okay. Direct staff to remove the objections to the size of the fuel station, gas station, since the motion failed, remove all that stuff that the motion failed. You said provide supplemental -- COMMISSIONER HILLER: Would you make the motion, please? COMMISSIONER HENNING: No. CHAIRMAN NANCE: He's making a motion. COMMISSIONER HENNING: Provide the supplemental standards, enhanced supplemental standards across the board -- CHAIRMAN NANCE: Yes. COMMISSIONER HENNING: -- and provide -- CHAIRMAN NANCE: Additional ones for residential, abutting residential. COMMISSIONER HILLER: No, that -- COMMISSIONER HENNING: -- abutting residential -- CHAIRMAN NANCE: Yes. Page 167 June 23, 2015 COMMISSIONER HENNING: -- and change from adjacent to abutting. Is there anything else? CHAIRMAN NANCE: No. COMMISSIONER HENNING: That's my motion. COMMISSIONER HILLER: And it -- right. And this applies across the board. CHAIRMAN NANCE: I will second that. COMMISSIONER HILLER: No matter the size -- no matter the number of pumps. CHAIRMAN NANCE: Yes. Any further questions? (No response.) CHAIRMAN NANCE: There's a motion and a second. All those in favor, signify by saying aye. Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER TAYLOR: Opposed. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Okay. I'm done. MR. KLATZKOW: I would just remind the commission that if we do not have an ordinance, your moratorium will need to be undone, and none of this will come to pass. COMMISSIONER HENNING: So we're moving on. I mean, let's go to the next item. MR. OCHS: Well, I think maybe a court reporter break is in order, Mr. Chairman. CHAIRMAN NANCE: Yes. MR. OCHS: Ten minutes, sir, 15? CHAIRMAN NANCE: Fifteen minutes. We'll come back at Page 168 June 23, 2015 3:30. (A brief recess was had.) CHAIRMAN NANCE: Okay. I'm going to make one more motion here because I -- where we are right now is the Board of County Commissioners has taken absolutely no action. We didn't do anything, and what that means is, if we leave here today without having taken some action, that we're going to go back to the rules and regulations and standards that we had before we started this whole discussion, and the moratorium's going to go away, and we're going to be right back where we started. So I'm going to make one final attempt at a motion to see if we can reach consensus to go forward. Short of a stand-alone conditional-use provision, I would like to make a motion that we have staff look at -- build a -- look at the site standards that apply to all gas stations up to and including 16 pumps and the enhanced supplemental standards as listed apply to up to and including 16 pumps and ask staff to come back with even more stringent standards including all of the elements that are displayed here for those above 16 pumps, and that we adopt those standards for all stations going forward in Collier County from this time forward. COMMISSIONER FIALA: That we adopt those -- COMMISSIONER HILLER: Commissioner Nance? COMMISSIONER FIALA: Bring back to us, you mean? CHAIRMAN NANCE: They're going to bring back -- they're going to bring back standards for above 16 pumps that are -- that are even more stringent than what's called for in here. So this would -- COMMISSIONER HILLER: Can I make a suggestion? CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: The problem you've got with doing that is that then you'll have no standards for over 16 pumps. So why not just adopt what you've got in here 100 percent now so we've got Page 169 June 23, 2015 something in place, because the moratorium is expiring -- CHAIRMAN NANCE: Okay. COMMISSIONER HILLER: -- which means it will go back. And then direct staff, additionally, to come back with enhanced standards over 16 pumps, which will be the next set of approvals. But at least we'll have a minimum in place and then build on that, because we need something in place. CHAIRMAN NANCE: I will modify my motion to cover that, because I don't want us to come away with nothing. COMMISSIONER HENNING: I'll second that, because it is different than my motion. COMMISSIONER HILLER: And eliminate the "abut," or add the "abut." Take the "adjacent" out. That's the only thing. MS. CILEK: Just to relay, currently there are two sets of standards. There are those that apply to all gas stations -- CHAIRMAN NANCE: Right. MS. CILEK: -- in all zoning districts, and those that, moving forward, will apply to those that abut residential. CHAIRMAN NANCE: And you've outlined those to residential. MS. CILEK: And they are not the same. Those that abut are more intensive. So we're proposing to keep the amendment as-is, changing it to "abut" now. And then come back over the -- and we'll work on it over the summer with additional standards -- COMMISSIONER HILLER: For over 16 -- MS. CILEK: For over 16. COMMISSIONER HILLER: -- abutting residential. MS. CILEK: Okay. COMMISSIONER TAYLOR: No. We leave it open, because right now the over 16 goes back to the LDC; is that correct? COMMISSIONER HILLER: No, no, no. CHAIRMAN NANCE: No. Right now this covers all. Page 170 June 23, 2015 COMMISSIONER HILLER: This covers everything. MS. CILEK: Right. CHAIRMAN NANCE: But in the future we're going to stiffen it up. MS. CILEK: So there would be standards that would apply to all. COMMISSIONER HILLER: Right. And then you have those that apply to the residential, and then we will ask you to come back and provide additional enhanced site standards for over 16 that abut residential. CHAIRMAN NANCE: I'll change my motion to reflect that. Does the second? MR. KLATZKOW: Commissioner? CHAIRMAN NANCE: Sir? MR. KLATZKOW: If what you want to do is enact this LDC ordinance before your break -- CHAIRMAN NANCE: Yes. MR. KLATZKOW: -- okay, the way to do that is either Commissioner Taylor or Commissioner Fiala must make a motion to reconsider Commissioner Henning's motion and then revote Commissioner Henning's motion. That's the way you're going to have to do it; otherwise, what are we coming back with? COMMISSIONER HENNING: I think what he's saying is adopt the supplemental standards, and then giving staff direction to enhance these supplemental standards for 16 pumps and over. So it is different than my motion. CHAIRMAN NANCE: That's what I meant. COMMISSIONER HENNING: It's different than my motion -- COMMISSIONER HILLER: It's completely different. COMMISSIONER HENNING: -- but it includes what's already written and advertised in there; we just changed it. COMMISSIONER TAYLOR: Does it meet advertising Page 171 June 23, 2015 standards? MR. KLATZKOW: That's my question, okay. Can we get more specificity as what we're asking for? COMMISSIONER HILLER: He's being very specific. He's making a motion to adopt the site-specific standards -- CHAIRMAN NANCE: All of D and all of E and all of F; everything in here short of C, including A and B, I think. COMMISSIONER HILLER: Right. Whatever doesn't include the conditional use. CHAIRMAN NANCE: Yeah, whichever doesn't include the conditional use requirement. MR. KLATZKOW: And we're doing it for 16? CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: Yeah, we're doing it for everything. CHAIRMAN NANCE: We're doing it for everything. COMMISSIONER HENNING: For everything and then come back for additional standards for 16 and above. CHAIRMAN NANCE: Sixteen and above. MS. CILEK: If I may? COMMISSIONER HILLER: Just do it as two separate motions. First motion to approve the site-specific standards both across all gas stations as well as those abutting residential, then do a separate motion to direct staff to come back with enhanced standards for -- COMMISSIONER HENNING: That's my motion that failed, so you have to include it all in one. COMMISSIONER TAYLOR: Okay. So I'd like to make another motion because -- COMMISSIONER HILLER: No, no. COMMISSIONER TAYLOR: Is there a motion on the floor? COMMISSIONER HILLER: He's taken care of it. Page 172 June 23, 2015 COMMISSIONER TAYLOR: Is there a motion on the floor? CHAIRMAN NANCE: There's a motion on the floor. COMMISSIONER TAYLOR: Is there a second? CHAIRMAN NANCE: I'm just looking for a second. Commissioner Henning, did you second that? COMMISSIONER HENNING: I believe I did. CHAIRMAN NANCE: He seconded it. COMMISSIONER TAYLOR: Okay. COMMISSIONER HENNING: Now, Jeff, does that meet advertising? MR. KLATZKOW: Can I hear it? I'm being very careful because I have a bunch of people here in suits, you know, who may not like this LDC amendment, all right. So I'm being very careful on this one. If you can give clarity on it. CHAIRMAN NANCE: Give us some guidance. COMMISSIONER TAYLOR: Reconsider it. MR. KLATZKOW: I think the reconsideration is the better route, and then just go with Commissioner Henning's prior motion. COMMISSIONER HENNING: And then add to it? MR. KLATZKOW: You can do that, yes. CHAIRMAN NANCE: Okay. COMMISSIONER TAYLOR: Okay. So I make a motion to reconsider the last motion that we had regarding this item. COMMISSIONER HENNING: I'll second it. CHAIRMAN NANCE: 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? Page 173 June 23, 2015 (No response.) CHAIRMAN NANCE: Okay. The reconsideration passes. So we're back to Commissioner Henning's motion. COMMISSIONER FIALA: Yes. But just one minute. The reason my light is on is while I was out just now, I talked with somebody from the Planning Commission who said the reason the Planning Commission selected adjacent rather than abutting is there's some little things that can be changed -- and you know what they are, right -- that all of a sudden can change how you measure this. And they said be very careful. That's why we deliberated and chose adjacent instead of abutting. And I didn't realize that -- you know, to us it seems so simple, but attorneys, they know what they're talking about, and -- go ahead. MR. CASALANGUIDA: I think your clarification, ma'am, is if there was a 1-foot property line cut between the gas station and a residential, then it wouldn't qualify as abutting anymore -- COMMISSIONER FIALA: Right. MR. CASALANGUIDA: -- the supplemental standards. COMMISSIONER HILLER: What's that? MR. CASALANGUIDA: If someone was to cut a 1-foot property line between the site being developed and then the residential property, they wouldn't be -- CHAIRMAN NANCE: It wouldn't be abutting. MR. CASALANGUIDA: It wouldn't be abutting anymore. COMMISSIONER FIALA: Then nothing -- COMMISSIONER HILLER: How could that happen? COMMISSIONER FIALA: No regulations would apply. MR. CASALANGUIDA: They could do a lot line split and then submit it on an SDP for a different piece of property. COMMISSIONER TAYLOR: Yeah. MR. CASALANGUIDA: And I think to clarify that, it might be Page 174 June 23, 2015 -- you just might want to put it adjacent within 50 feet or 100 feet, and that would clarify it and stop someone from doing that. COMMISSIONER FIALA: Wasn't that interesting? MR. CASALANGUIDA: And that would be a different motion. CHAIRMAN NANCE: It's up to Commissioner Henning. COMMISSIONER HENNING: Well, Carolina, the way she's laid it out in the examples, I think, has really hit it what adjacent means. So I'm going to make a motion to -- COMMISSIONER HILLER: Why not just redefine adjacent for purposes of this LDC? MS. CILEK: We can do that, just as Nick relayed; he's 100 percent accurate. They can dedicate over a 3-foot FP&L easement, and we can do adjacent within 50 feet or within, you know, whatever number. And we can come back with that number if you'd like as well. COMMISSIONER FIALA: Well, that's a good idea. COMMISSIONER HENNING: So I'll make a motion that we adopt the supplemental standards in D, is that correct, C -- CHAIRMAN NANCE: Everything but C. MS. CILEK: If I may -- everything but C would work. COMMISSIONER HENNING: -- everything but C, and bring back some standards of what adjacent means, and also work on enhanced standards for service stations for pumps 16 -- for 16 pumps and above. MS. CILEK: We can do that. COMMISSIONER HILLER: Adjacent to residential. COMMISSIONER HENNING: Adjacent to residential. CHAIRMAN NANCE: Okay. Commissioner Taylor? I'll second that. Commissioner Taylor? Oh, we've already got a second, don't we, though? We're reconsidering it. Do we need another second? Page 175 June 23, 2015 COMMISSIONER HENNING: Yeah. COMMISSIONER TAYLOR: No. We reconsidered and we seconded. Now there's new motion on the floor, and you can second it. CHAIRMAN NANCE: I will second it for discussion. Commissioner Taylor? COMMISSIONER TAYLOR: And I'd like to call the vote. CHAIRMAN NANCE: Like to call the vote. Any further discussion? (No response.) CHAIRMAN NANCE: 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: Thank you. That passes 5-0. COMMISSIONER HENNING: You did a good job. CHAIRMAN NANCE: I think it's a much better -- COMMISSIONER HILLER: We're going to end the moratorium. MR. KLATZKOW: Well, I'll bring an executive summary to you at the next meeting. CHAIRMAN NANCE: Okay. MS. CILEK: Thank you. CHAIRMAN NANCE: Thank you. I think we -- I think we made a little progress -- COMMISSIONER FIALA: Beat this horse to death. CHAIRMAN NANCE: -- and we -- well, we beat a horse, but I think we are off on a good track. Page 176 June 23, 2015 Thank you very much. COMMISSIONER TAYLOR: And I'd like to compliment our Planning Department. I think the presentation was very clear, and you stayed with us, and that was not easy to do. And, you know, compliments to you. MS. CILEK: My pleasure. Thank you. COMMISSIONER TAYLOR: Thank you. Item #11B AWARD INVITATION TO BID (ITB) #15-6459 TO DEANGELIS DIAMOND CONSTRUCTION, IN THE AMOUNT OF $1,545,626 FOR THE CONSTRUCTION OF (EMS) EMERGENCY MEDICAL STATION NO. 76, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED CONTRACT — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 11B on your agenda. That is a recommendation to award Invitation to Bid No. 15-6459 to DeAngelis Diamond Construction in the amount of $1,545,626 for construction of Emergency Medical Station No. 76. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Motion -- second. CHAIRMAN NANCE: There's a motion and a second. Any 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: (No verbal response.) Page 177 June 23, 2015 COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you. It passes unanimously. MR. OCHS: Thank you, Commissioners. Item #11C RESOLUTION 2015-133: ESTABLISHING THE AVE MARIA INNOVATION ZONE TO ATTRACT AND RETAIN QUALIFIED TARGETED INDUSTRY BUSINESSES IN THE DEFINED UNINCORPORATED AREA OF COLLIER COUNTY — ADOPTED MR. OCHS: That takes us to Item 11C. This item was continued from your June 9th meeting. This is a recommendation to adopt a resolution establishing the Ave Maria Innovation Zone to attract and retain qualified target business -- excuse me -- industry businesses in the defined unincorporated area of Collier County. Mr. Register, your director of the office of business -- COMMISSIONER HILLER: Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion to approve by Commissioner Hiller and a second by Commissioner Taylor. Any discussion? Public speakers. MR. MILLER: Mr. Chairman? Thank you, sir. I have one registered speaker, Rich Yovanovich, who is waving. CHAIRMAN NANCE: He's waiving and he's waving. So all those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. Page 178 June 23, 2015 COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Hearing none, that passes unanimously. Thank you. MR. OCHS: Thank you, Commissioners. Item #11D ADOPTING AFFORDABLE/WORKFORCE HOUSING POPULATION BASED INDEX MODEL METHODOLOGY, REINSTATE THE SUSPENDED IMPACT FEE DEFERRAL PROGRAM FOR SINGLE FAMILY RESIDENCES, AND RETAIN PREVIOUSLY APPROVED DENSITY BONUS UNITS IN PLANNED UNIT DEVELOPMENTS, AND DIRECT STAFF TO BRING BACK PARAMETERS ON GAP HOUSING — APPROVED MR. OCHS: That takes us to Item 11D, which is a recommendation to adopt the affordable/workforce housing population based index model methodology, reinstate the suspended impact fee deferral program for single-family residences, and retain previously approved density bonus units in planned unit developments, and to direct staff to bring back parameters on gap housing. Ms. Grant, your Community and Human Services director, will present. COMMISSIONER HILLER: I think we need a motion to approve. COMMISSIONER TAYLOR: Second. Page 179 June 23, 2015 CHAIRMAN NANCE: We have a motion to approve and a second. We're going to hear from Commissioner Fiala. COMMISSIONER FIALA: Yeah, I have a lot of questions. Thank you. CHAIRMAN NANCE: Then Commissioner Henning. COMMISSIONER FIALA: Yes. Many of the questions -- you only reference very low income, low income, and medium income, but you didn't mention the gap housing, although you said we have to come up with some kind of standards. But I don't think we did enough as far as telling us, like, what percentage of housing do we really need in this county? We never tackle the gap housing -- you've heard me say this before. It's not anything new -- which is something that we need in order to attract higher income businesses, more economically sound businesses to this area, but they have no place to house their people. We keep focusing on all the low income. And so we -- I think you've missed the target here. I hate to approve this without you including that figure or a percentage. You know, what percentage of housing do we need? How -- meaning, how many very, very low income, how many very low, how many low, and how many medium income percentage-wise do we need versus gap? And I don't know if anybody knows that, but I think we ought to know what we're trying to build. How many already approved houses do we have? We know it's about 4,000. If we have those 4,000, are they all approved for very low or are they all approved for gap? I mean, we need to know what our inventory is out there right now before we can vote on what all we have to build, because we don't even know what we have or what we've already approved. Let's see. I think we need to know what -- I think you need to maybe speak to our Chamber of Commerce, maybe speak to NABOR to find out Page 180 June 23, 2015 what kind of housing is being requested, what kind of housing is -- are the businesses looking for so that you can give us a more rounded figure rather than just focusing on one type because, as Commissioner Nance will tell you, we're kind of moving up the ladder a little bit, and we need more types of housing than what we've got. Let's see. Do I have anything else on this? I had so much, but I think that that about states everything in a nutshell. CHAIRMAN NANCE: Okay. Before I go to Commissioner Henning, I'm going to remind commissioners that there are multi recommendations in this agenda item, and I think we need to understand each one of them is important. And I actually think staff did a wonderful job on this recommendation, because it includes adopting the affordable workforce housing population based index model methodology, which we talked about at the workshop; it recommends that we reinstate the suspended impact fee deferral program for single-family affordable housing; it recommends further that we not -- that the Board retain the affordable/workforce housing units in PUDs; and it recommends and it directs staff to work with the Affordable Housing Authority Committee, growth management staff, and any and all interested parties to bring forth options to further encourage or require gap housing. And I want to take this time to thank Commissioner Henning for being a champion and getting this discussion started on gap housing. I think this four elements of this are excellent. Furthermore, I'm concerned that we go ahead and address not only the gap housing that is, I think, considered, and workforce housing, which goes up to 120 percent on the income, but we need to go ahead and adopt the balance up to 150 percent so we start catching that whole workforce housing. Commissioner Henning, isn't that what you have guided us on? So I think this is an excellent agenda item, and an excellent start, Page 181 June 23, 2015 and I'm going to make a motion to approve. COMMISSIONER HENNING: Second. COMMISSIONER TAYLOR: There's a motion on the floor -- COMMISSIONER FIALA: And a second. COMMISSIONER TAYLOR: -- and second, yes. CHAIRMAN NANCE: There's already a mo -- I'm sorry. COMMISSIONER TAYLOR: Commissioner Hiller made the motion, and I seconded. CHAIRMAN NANCE: Commissioner Hiller made the motion, and you second it. Okay. Well, I'm giving my wholehearted support on all four of those, you know. COMMISSIONER HILLER: Can you call the question. COMMISSIONER FIALA: Yeah. I don't object to it. I'm just saying that I would like to see us know what we need. COMMISSIONER HILLER: Yeah. Well, they're going to come back on the gap. CHAIRMAN NANCE: Okay. Commissioner Henning, then Commissioner Taylor. I'm sorry. COMMISSIONER HENNING: And we have public speakers. Kim, thank you. I mean, this is really good stuff on this executive summary and the backup. Are you saying we're going to reinstate the deferral of impact fees; is that correct? MS. GRANT: Correct, for single-family units. COMMISSIONER HENNING: Okay. And that's part of the incentives to get people out there to build this type of housing? MS. GRANT: Correct. COMMISSIONER HENNING: Yeah. Okay, good. COMMISSIONER FIALA: Do we get any on gap housing also? COMMISSIONER TAYLOR: Yes. They're coming back. CHAIRMAN NANCE: Yes. They're going to come back with a Page 182 June 23, 2015 program. This is No. 4. COMMISSIONER HILLER: They're going to direct that. If you look on the overhead -- MS. GRANT: There are actually -- COMMISSIONER FIALA: But it didn't say about the impact fee deferral, so I'm just wanting to know if it's included. MS. GRANT: The impact fee deferral program, as it stands now -- and we're recommending just a reinstatement with no changes. Future changes could be considered. But the program, as it stands now, goes up to 120 percent. COMMISSIONER FIALA: Okay. So that would include at least the basic gap housing as well? CHAIRMAN NANCE: I'd like to see it come back up to the full 150 within the definition. MS. GRANT: We can add that to our list to come back. CHAIRMAN NANCE: Yes. Yes, ma'am. COMMISSIONER FIALA: I think that's a great idea. CHAIRMAN NANCE: Commissioner Hiller, then -- Commissioner Taylor, then Commissioner Hiller, then we're going to go to public speakers. COMMISSIONER TAYLOR: No. Just again, very good. Well done. MS. GRANT: Thank you. COMMISSIONER TAYLOR: I think we've got a great start. I think it's thoroughly researched, and compliments to you. Thank you for this. MS. GRANT: Thank you. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I think one of the things to consider is to what extent we're going to take state and federal funds for this type of programming. And I think when you look further -- Page 183 June 23, 2015 you know, Commissioner Henning said, you know, maybe we shouldn't be taking state or federal funds, which is something which had been suggested before, and look to incentivize in different ways. Like, for example, impact fee deferral. Now, that may not be the solution or that may be -- that may be a solution or it may not be a solution, you know. So when you're developing that program, you may want to think that -- think -- you know, think that question through in terms of, I mean, to what extent do we want to take state and/or federal funding and review the system in place to make sure that the system can handle whatever amount of funding we take. COMMISSIONER FIALA: Are you talking about the impact fee deferrals for economic recovery and so forth, using that as a tool? COMMISSIONER HILLER: No, I want to -- yeah, that would, for example, be -- COMMISSIONER FIALA: That's what I thought. COMMISSIONER HILLER: Yes, exactly. That could be a type of tool, exactly. But -- and what I'm saying is, you know, we may want to limit how much state or federal funding we take if we have other programs. I think you have to just look at it all in totality and consider, you know, what the objective is and then consider what we should or shouldn't accept based on that and what our capacity to handle it is. MS. GRANT: Okay. CHAIRMAN NANCE: All right. Mr. Miller, how many public speakers do we have? MR. MILLER: I just have one, sir, Nick Koulorheras. MR. KOULORHERAS: Good afternoon. Nick Koulorheras, and I'm the executive vice president of Habitat for Humanity. And I just wanted very briefly to say thank you, Kim, and commend the Board. I think these are all positive steps in the right direction that we need to be taking to address all of the housing needs in Collier County. Page 184 June 23, 2015 Certainly not just what Habitat does, but all of the housing needs. So I just wanted to say thank you for that. COMMISSIONER HILLER: All right. Do you want to call the question? CHAIRMAN NANCE: All right. There's a motion and a second on the floor. 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, like sign? (No response.) CHAIRMAN NANCE: Okay. It passes unanimously, 5-0. Item #1 l E AWARD INVITATION TO BID #15-6379 COLLIER AREA TRANSIT (CAT) FACILITY IMPROVEMENTS - PHASE II FOR CONSTRUCTION OF IMPROVEMENTS AT THE COLLIER AREA TRANSIT ADMINISTRATION AND OPERATIONS FACILITY, TO DEC CONTRACTING GROUP, INC., IN THE AMOUNT OF $1,454,508.67 AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED CONTRACT — APPROVED MR. OCHS: Commissioners, Item 11E is a recommendation to Page 185 June 23, 2015 award Invitation to Bid 15-6379, the Collier Area Transit facility improvements Phase 2, to the -- COMMISSIONER FIALA: Motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN NANCE: There's a motion to approve and a second. Any 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 passes unanimously. Thank you. MS. ARNOLD: Thank you. Item #11F AWARD REQUEST FOR PROPOSAL #14-6307, ANNUAL CONTRACT FOR GENERAL CONTRACTOR SERVICES TO THE FOLLOWING FIVE FIRMS: BRADANNA, INC., SURETY CONSTRUCTION COMPANY, PBS CONTRACTORS, WRIGHT CONSTRUCTION GROUP, INC., AND COMPASS CONSTRUCTION, INC. — APPROVED MR. OCHS: Commissioners, Item 11F is a recommendation to award Request For Proposal 14-6307, the annual contract for general Page 186 June 23, 2015 contractor services to the five firms listed in your agenda index. COMMISSIONER HENNING: Are we approving a certain amount of funds? MS. PRICE: Commissioners, these are projects that you approve in our maintenance budgets primarily for parks and recreation and for facilities. These are our air-conditioning repairs, building repairs, things of that nature. Most of what we do with these contracts is budgeted and scheduled; however, sometimes situations come up that are not scheduled, and so that particular project might bump another project off. It can be things as small as moving a door or a wall to change the configuration of an office or something larger such as what occurred with your offices where we had that flood and we had to make some major repairs. COMMISSIONER HENNING: So is there a dollar amount on this? MS. PRICE: There is not, sir. The dollar amount is based on what each department has budgeted for repairs. COMMISSIONER HENNING: Okay. So -- all right, so -- COMMISSIONER HILLER: So what's the total dollar amount based on the budget of each department? COMMISSIONER HENNING: And see, we would have solved a whole bunch of stuff. You wouldn't have had to bring back -- if it was over (sic) $50,000, you wouldn't have had to bring it back. If it was under $50,000, you wouldn't have to bring it back if we had a dollar amount. So anyways, that was my question. I understand. MS. PRICE: Okay. CHAIRMAN NANCE: Well, Ms. Price, isn't this just a pool of contractors that are used to perform different activities during the year for the county? Page 187 June 23, 2015 MS. PRICE: That's correct. CHAIRMAN NANCE: So these are approved vendor -- this is an approved vendor pool like we do with other consultants and beach consultants and other professionals? MS. PRICE: Engineers, electrician, plumbers, et cetera. COMMISSIONER HENNING: Then why isn't it on the consent? MR. OCHS: Pardon me, sir? COMMISSIONER HENNING: Why isn't it on the consent? MR. OCHS: Because the annual estimated spend is in excess of a million dollars, so -- COMMISSIONER HENNING: We're not tying any money to it. MS. PRICE: I can't give you an exact dollar amount, but I did know that the annual expected expenditures generally are over a million dollars. We've got, you know, a lot of projects that take place during the year; therefore, I put it on the regular agenda. COMMISSIONER HENNING: So each of the projects, if it's over $50,000, is going to come to us. CHAIRMAN NANCE: It's going to be bid; isn't that right? MS. PRICE: Projects over $50,000 we're going to get at least three quotes from amongst this group. Projects under 50,000 we're going to send an email out to all five of the contractors and ask them if they're interested. If they are, bring them in to give us quotes for those jobs. COMMISSIONER HENNING: So these will probably be questionable about getting paid then on -- about the item between the Clerk and the Board of Commissioners? MS. PRICE: I don't know why they should be, because I'm here in front of you getting that approval from you right now, because in a few weeks we're going to bring you a budget that shows you, you know, basically how much we're going to spend on those projects. COMMISSIONER HENNING: See, that's not true. When we Page 188 June 23, 2015 approve the budget, we're approving a macro part of the budget. You have the ability to take funds from -- let's say you have a travel fund in there. You could take that and put it into buying books, or you have a maintenance to replace things. You can change that and put it into travel or, you know, whatever. We approve a macro, not a micro. And if we had a line item in our budget book where it said this is how much we're going to spend on travel, this is how much we're going to spend on capital maintenance -- we do have one. This is how much we're going to spend on capital improvements -- MR. OCHS: Yes. COMMISSIONER HENNING: -- but we don't have that macro, and that would cut down a lot of dispute. MR. OCHS: Sir, I'll bring you a line item -- I'll give you a detailed budget to approve at the end of the workshop. COMMISSIONER HENNING: Okay. That would solve some of these issues why things are not getting paid, and then you can't move them around because the Board has approved that line item. MR. OCHS: Well, no. You can still move them around between personnel services, operating, and minor capital if you have a -- COMMISSIONER HENNING: Then it's not going to solve anything. CHAIRMAN NANCE: Correct me if I'm wrong, but all we're doing today is we are preapproving these -- COMMISSIONER HENNING: And I apologize for getting off CHAIRMAN NANCE: -- general contractors as being eligible to perform work for the county. That's all we're doing today; is that not right? MS. PRICE: That's correct. CHAIRMAN NANCE: I don't know where we are ladies. You're going to have to help me. Page 189 June 23, 2015 COMMISSIONER HENNING: Motion to approve. CHAIRMAN NANCE: I think Commissioner Fiala was, perhaps, next. COMMISSIONER FIALA: I was just -- simple question. We started this back in September 2014, and then we received all the 10 firms by October 27th, 2014, but then it -- there were some things that dropped by the wayside, so now we're reconvening on April 1, 2015. How come it took so long to get there? Just wondering. MS. PRICE: Commissioners, I can't answer that question, but I can see if I can find somebody behind me who can. MS. MARKIEWICZ: Joanne Markiewicz, Director of Procurement Services. Commissioners, with these contracts, we also had to negotiate the final contracts with each of the contracts. So there was a little bit more work with these. COMMISSIONER FIALA: I see. Okay. Thank you. CHAIRMAN NANCE: Commissioner Taylor, then Commissioner Hiller. COMMISSIONER TAYLOR: No. My questions have been answered. Thank you. CHAIRMAN NANCE: Thank you, ma'am. Commissioner Hiller? COMMISSIONER HILLER: Those individual contracts provide for a cap on the amount for each of those vendors? MS. PRICE: Not a cap for each vendor, a cap for each project. COMMISSIONER HILLER: The caps for each project are included in the individual contracts? MS. PRICE: The -- yes. Yes, $250,000 is the maximum for any of these projects. Anything greater than that and we would bid it out separately and bring that back to you. COMMISSIONER HILLER: So the total for each vendor is not Page 190 June 23, 2015 to exceed 250,000 in the year? MS. PRICE: No, ma'am. CHAIRMAN NANCE: Per project. COMMISSIONER HILLER: You're going to issue work orders MS. PRICE: That's per project. That's per work order, that's right. COMMISSIONER HILLER: Per project? MS. PRICE: Yes. COMMISSIONER HILLER: Two hundred fifty thousand per project? MS. PRICE: Yes. COMMISSIONER HENNING: What happened to the 50,000 threshold? CHAIRMAN NANCE: It's my understanding on a $250,000-or-less project, that it would be bid out between these five firms. MS. PRICE: Between those five firms, that's right. CHAIRMAN NANCE: So you've got a $250,000 project; so these five firms have been prequalified; they're going to bid it out. If it's above $250,000, then you're going to go to a general bid, everybody in the universe? MS. PRICE: That's right. CHAIRMAN NANCE: If it's below $50,000, under the purchasing policy, it could be let to one of these firms. MS. PRICE: And the intention is to offer it to all five of the firms even on the under 50-, but it would be a more formal process to ensure that we get competitive quotes on the 50- to $250,000. CHAIRMAN NANCE: Yes. COMMISSIONER HILLER: So 50- to 250- is going to be bid between these five firms? Page 191 June 23, 2015 MS. PRICE: Correct. COMMISSIONER HILLER: And what are -- what's the average size of these projects? MS. PRICE: Average size of these projects is about $100,000, although we've got a lot of real small ones that -- $1,000. I can tell you that the use of the last contract, which was a little over four years, there were 35 projects over 50,000, there were 169 between 3,000 and 50,000, and 41 projects under 30 -- under 3,000. So the majority of projects are actually in that 3- to 50,000. A hundred and thirty-five thousand, I'm sorry, was the average of the projects over $50,000. COMMISSIONER FIALA: So -- and under 50,000, the County Manager's not allowed to approve them anymore? MS. PRICE: Well, the -- CHAIRMAN NANCE: No, same purchasing policy. MS. PRICE: -- fact that we've come to you here, I think, should take care of that, and we'll take the best of the quotes that we get on those projects and move forward. And if I might, just to give you folks an idea, in order for us to issue a work order with just one quote, it takes about 10 days; in order to issue a work order where we quote it out for three quotes is going to take about 15 days, but if we need to bring it back to the Board, then that goes up to a month to six weeks before we can get the project started, because not only do we have to go through all of that process, but then we've got to go through the process to get it before the Board. It's about three weeks before you actually hear it that we put it into the system. Some of these projects are important to people. And they may be a small project, but, you know, there's an office that isn't working. It can be -- you know, it can be something that's more important like a water leak, and we need to make repairs. Page 192 June 23, 2015 COMMISSIONER HILLER: But the purpose -- the reason you're here today is to get approval on the over 50-, because the under 50- is subject to approval prior to payment by us anyway, so that's how it works. All right. Sounds good. Thank you. CHAIRMAN NANCE: I'm going to move to approve. COMMISSIONER FIALA: Second. COMMISSIONER HENNING: It's already there. CHAIRMAN NANCE: Motion to approve and a second. 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: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) MS. PRICE: Thank you. CHAIRMAN NANCE: Okay. It passes unanimously. Thank you. MR. OCHS: Thank you, Commissioners. That takes us to Item 11G -- oh, I'm sorry. It is 4 o'clock. We had a time-certain hearing, Commissioners, forgive me. That was Item 9C, which was previously 16A16 -- CHAIRMAN NANCE: 16A16. Item #9C RECORDING THE FINAL PLAT OF LEGACY ESTATES, Page 193 June 23, 2015 (APPLICATION NUMBER 20140001803) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY. (COMPANION TO FORMER ITEM #16D5, MOVED TO ITEM #11H) - MOTION TO CONTINUE TO THE JULY 7, 2015 BCC MEETING AT A TIME CERTAIN 1 :30 P.M. — APPROVED MR. OCHS: -- on your agenda. This item does require that ex parte disclosure be provided by commission members, and participants are required to be sworn in. This is the recommendation to approve the recording of the final plat of Legacy Estates and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. COMMISSIONER HILLER: Do we have public speakers on this? MR. MILLER: I don't, but I see some slips coming, I think. COMMISSIONER HENNING: Yes, we do. MR. MITCHELL: We don't have any at the moment. COMMISSIONER HILLER: Looks like we do. COMMISSIONER HENNING: We've got to swear them in and ex parte communication. COMMISSIONER HILLER: Are these gentlemen here for -- are you-all here for this item? CHAIRMAN NANCE: Okay. I think we've all given -- COMMISSIONER HILLER: Are you-all here for this item? MR. URBANCIC: We're the petitioners. COMMISSIONER HILLER: Oh, you're the petitioners, okay. CHAIRMAN NANCE: Okay. Let's open the public hearing. Let's swear in everyone that's going to testify with the court reporter. (The speakers were duly sworn and indicated in the affirmative.) Page 194 June 23, 2015 CHAIRMAN NANCE: I believe that all commissioners have given their ex parte. Are there any commissioners who have not given ex parte on this item? COMMISSIONER TAYLOR: I have no ex parte. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, I spoke to staff. CHAIRMAN NANCE: Anyone else? COMMISSIONER FIALA: I already declared. CHAIRMAN NANCE: Yes. I did, too. Thank you. All right. Let's proceed. MR. McLEAN: Matt McLean. I'm the Manager of the Development Review Division. This particular executive summary was prepared by my team with John Houldsworth. We're here to answer any questions that you may have related to -- MR. KLATZKOW: You need the applicant to present. Commissioners, this is just like a rezone type of a hearing. The applicant has to come forward and show, you know, that he's entitled to this relief, and then you go to staff afterwards. MR. McLEAN: The applicant's here. MR. OCHS: Have a seat till the petitioner -- COMMISSIONER HENNING: Petitioner. MR. URBANCIC: Good afternoon, Commissioners. My name is Greg Urbancic. I'm with the law firm of Coleman, Yovanovich, & Koester, and I represent the petitioners asking for the final plat approval. With me today is Terry Cole, the Engineer for the project from Hole Montes. He will also probably make some statements with respect to the plat. Also we have our development team, Mr. Drescher, who is the owner of the property, JD Development I, LLC; and his project manager, Brian Adamcheck (phonetic). Before you today is the plat which intends to replat the subject Page 195 June 23, 2015 property into 13 units along with some water management areas and roadways. This is not the first time this plat has come before the commission. In 2005 an almost identical plat came before this commission. It was approved at that time and was challenged by some neighboring property owners, and the county litigated that for almost three years and eventually prevailed. Some of the challenges centered upon the approval and what was approved with respect to the subject roadway off of Lakeland Avenue. Based upon the plat, which Mr. Cole will have an opportunity to present and show you the particulars, the plat itself-- the issue centered upon the existing roadway. The public roadway of Lakeland Avenue ends just south of this property, and to get into this property, there's a continuation of the roadway, which allows for a right-in and left-out of the subject property. We have self-contained that all on the subject property in order not to interfere with the adjacent neighbors. We may or may not have legal access rights, but we decided to self-contain it with the intent that there's no reason for us to go ahead and try to litigate any use rights on the adjacent side of the property; whereas, we believe they probably exist, but we weren't going to spend the time and money to try to litigate that. We've offered -- our staff has met with the various residents and -- with an olive branch to say, hey, what can we do to help you support our project, whether that be putting a final repaving of their road, which is in a pretty poor condition, as well as offering some landscaping on the side. We haven't been -- that offer has not been accepted, although we still remain amenable to having those discussions to help improve the overall neighborhood. With that, I'm going to ask Mr. Cole to come up and present the particulars of the plat and the alignment of the roadway with respect to Page 196 June 23, 2015 this. Mr. Cole, can you introduce yourself and also describe the particulars of the plat. MR. COLE: Good afternoon, Commissioners. I'm Terry Cole. I'm a professional Engineer with Hole Montes, Incorporated, here in Naples. This is the plat document, plat map, and it shows 13 lots. And as Mr. Urbancic was mentioning over on the -- thank you. Over on the left side of the drawing we have the Lakeland Avenue Tract R1 right-of-way that is proposed, and to the west of that are four other properties that, as Mr. Urbancic mentioned, that are not included in our property, and all of our roadway improvements are included within that 30 feet. I'm going to show another map here that shows the alignment of the roadway. There is a taper of one lane that is 10 feet wide going to the east in order to contain the 10-foot northbound lane all within the 30 foot that is controlled by our project, and then also, as you exit the project, there would be a 10-foot lane coming south. Now, if you look at the very top of the drawing, there's a driveway. It's about 15 feet wide. And then as you come south, that lane is 10 feet wide. It widens out to 18 feet wide, and then 20, and then back to 12. Ideally, we would like this lane to be 10 feet wide and either stripe the lane such that we could indicate that or to remove that pavement in order for it to be 10 feet wide. And the developer has been trying to work with the adjacent property owners to try to work out this situation. And I'll show you -- MR. URBANCIC: Mr. Cole, did -- can I ask if the staff had approved a deviation allowing for that jog? MR. COLE: The staff approved a deviation to allow for this plan Page 197 June 23, 2015 as it is shown here. What we would desire to do is have a road easement of approximately 12 feet granted by the adjacent property owner such that the road could remain straight as shown in this plan. And the lanes on both sides of the road would be 10 feet going north or south. We have an alternative plan as well. That would have the road still tapering over to the east. And if we were able to obtain easements from the two southern properties on the west side of the road, then we could stripe the lane going south to better delineate the 10-foot lane. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yeah. I know that the neighbors have objected, but I haven't -- are you -- the neighbors that are objecting, have you signed up to speak? Have all of you signed up to speak? Well, let me just make something clear that you understand this process, because these gentlemen are attorneys and you're not. Do you have an attorney here with you? UNIDENTIFIED SPEAKERS: No. COMMISSIONER HILLER: Okay. You need to, when you speak -- if you don't speak, it's not on the record, and we don't consider it. And when you speak, you have to present rebuttal evidence to what they're presenting. It's not that "I don't like it" or anything like that. It has to be, like, what they're presenting. If you have objections, they have to be clearly stated on the record, because we have to rule based on what's on the record. If it's not on the record, we're not ruling on it. We're only ruling on, so far, what they've presented. So if you -- you need -- UNIDENTIFIED SPEAKERS: Does it have to be true? COMMISSIONER HILLER: Of course it has to be true. Everything in this room has to be true. Excuse me. You have to wait Page 198 June 23, 2015 till you stand -- till you come to the podium. But everything has to be true, and if you believe something is said that isn't true, then when you're called to speak, you state why you feel that what's being presented isn't true and we shouldn't rely on it. CHAIRMAN NANCE: Okay. Let's continue with the -- COMMISSIONER HILLER: I just want to make sure, because I see all these people nodding, and I see that they haven't signed up, so it's clear they don't understand the process. MR. URBANCIC: Thanks, Commissioner. CHAIRMAN NANCE: Please continue. MR. URBANCIC: The only thing I wanted to represent is, as your staff report indicated, they've, recommended approval as us being consistent with the requirements of Chapter 177 in your code. So we would ask for your approval of this particular item as presented today. CHAIRMAN NANCE: Okay. Do we have any comments from commissioners, or would you like to go to public speakers? COMMISSIONER FIALA: I don't have a problem. CHAIRMAN NANCE: Let's go to public speakers, Mr. Miller. MR. MILLER: Your first speaker is Beth Nelson, and she'll be followed by Karen Jarnuitowski. I hope I'm saying that close. COMMISSIONER FIALA: How many speakers, Troy? CHAIRMAN NANCE: How many speakers do we have, sir? MR. MILLER: I've just been handed a third slip, sir. CHAIRMAN NANCE: Okay. We have three. MR. MILLER: Yes, sir. Make that four, sir. CHAIRMAN NANCE: Okay, four. MR. MITCHELL: Do I hear five? CHAIRMAN NANCE: No, we're not going to continue to add speakers now. That's it. Go ahead. DR. NELSON: Hi, good afternoon. My name is Beth Nelson. And we've been given so little information. We've requested Page 199 June 23, 2015 information. What we have received was not received in a timely fashion. It's hard for us to react in a meaningful way. I don't know how to counteract the statement that we have been contacted and they were trying to work with us. We have never been contacted. I have a letter from -- that Jack McKenna sent, and I made copies if you'd like to see. The last sentence says he approved this, but he would like to see a more traditional road alignment opportunity if available, that they continue to try and pursue this. They never even started to try and pursue this. We were never contacted by the developers to work out anything. I don't know how I can prove that, but that's the way it is. And my question is, we've been told that the Board actually can't deny this plat today even if it's so desired, that this was a done deal. That was what we were told; is that correct? COMMISSIONER HILLER: No. Nothing is a done deal. DR. NELSON: Okay. COMMISSIONER HILLER: Who told you that? DR. NELSON: We've gotten that information from discussions with people in the street that are working across the street. This gentleman, I believe, had that comment with one of the neighbors. That's -- anyway. So he writes -- that was his letter that they continue to pursue a more traditional road alignment. My response is they never started. I don't know where that continue comes from. And I'm wondering if anyone has been back there to see the area we're talking about. Our road was in decent shape until they put the cul-de-sac in the first time this started, this development started. What we have where the county maintained road ends is a driveway that we put in 30-some years ago, because it was dirt prior to that. So that's our driveway. And, you know, our personal rights have been trampled in order Page 200 June 23, 2015 to allow a developer who got creative, was the word that Mr. McKenna used, skirting the intent of the Land Development Code that I had included in my letter that I sent to you, destroying the character of our neighborhood and trampling our rights, and that's basically what I wanted to say. And the comment that somebody met with us to offer an olive branch, I don't know where I was, but I wasn't there. COMMISSIONER HILLER: Can you be specific as to how your property rights are being trampled? I mean, you have to be specific. DR. NELSON: Land Development Code calls for every subdivision shall have legal and adequate access. This is hardly legal -- it's neither legal nor adequate access, and what they're doing is taking public right-of-way from existing lots to creatively connect with a publicly dedicated roadway. And if you could come down and see what we're talking about -- I mean, through the years, as we've worked with the county and this issue has come up, the response has always been, oh, they can't do that. We've had neighbors that have applied for a subdivision zoned RSF3, which is what the court upheld, I believe, in '08. It is -- yes, it is zoned RSF3, but they don't have the legal access to subdivide. This happens out in the Estates quite often, from what I've heard. But it's just a unique spot, our little neighborhood. And Land Development Code Section 6.0.1 (sic) states that half or partial streets shall not be permitted. Wherever the property borders on an existing or partial street, the other part of the street shall be required to be dedicated and constructed within such property. We were never contacted. No olive branch was ever offered. I don't know who you met with, but it wasn't any of us. CHAIRMAN NANCE: Yes, ma'am. I have a couple questions. I'm in receipt of your letter, which you're saying -- you're Ms. Nelson, right, Dr. Nelson? Page 201 June 23, 2015 DR. NELSON: Yes. CHAIRMAN NANCE: Yeah. You indicated that the Lakeland Avenue extension is not a publicly dedicated roadway. DR. NELSON: Correct. CHAIRMAN NANCE: Are you interested in having the easement in front of your property be part of an improved roadway or not? I think that was the question. My understanding is that the people that have privately maintained the roadway -- and half of that privately owned roadway is on your property and it's an easement across your property, which is private, and that the petitioner is trying to access their property, and because there's no interest in having them use part of what is now a private roadway, that they're constructing their own road on their own property in order to gain access to their property, and that's where we're at today. That's my understanding of this issue. Now, if you're interested in participating with them to improve the alignment of Lakeland Avenue, it's been my -- communicated to me that the petitioner is interested in doing that if you're interested and the property owners that have this private right-of-way are interested, that the road will be improved within that existing easement. DR. NELSON: I would -- CHAIRMAN NANCE: Are you interested in that or no? DR. NELSON: You know, this is the first time we have heard this. As I stated, we have been behind. Things have changed at the last minute. I was not aware -- again, Jack McKenna emailed me yesterday that this item was not -- could not be pulled from the agenda the way he -- Thursday he said -- the assistant county attorney was there. They said, you email me, put it in writing, we'll have it pulled. He didn't contact me Thursday afternoon; he didn't contact me Friday. Monday afternoon he contacts me and says, oh, by the way, that was wrong, sorry. I had to go through other means to have it pulled from Page 202 June 23, 2015 the consent agenda. That illustrates the problem we've had getting timely information. I can't speak right this second for my neighbors without talking with them. CHAIRMAN NANCE: Well, I'm just asking a question. I'd like you to answer me. Are you interested in having your easement as an improved roadway that would provide access to the petitioner or not? DR. NELSON: No. CHAIRMAN NANCE: You're not, okay. Commissioner Hiller? COMMISSIONER HILLER: I think we need to continue this item and ask these parties to go back and try to work out this issue. I mean, it's very clear that they have no idea, and whatever communications have gone on have been with the petitioner, and these residents just haven't been informed. So I think, given the history of litigation, it might make more sense just to continue this and let them try to come to some agreement. COMMISSIONER HENNING: I'll second that if you make it a time-certain at our next meeting. COMMISSIONER HILLER: At, like, the July 7th meeting. COMMISSIONER HENNING: July 7th meeting at 1 :00. COMMISSIONER HILLER: I agree. Let's do it -- I totally agree with you, Commissioner Henning. Let's do a time -- do we have the ability to get it done July 7th? MR. CASALANGUIDA: Move this to July 7th. CHAIRMAN NANCE: Let's hear from the petitioner for a moment. MR. URBANCIC: Can I just talk to him for just a quick second? COMMISSIONER HILLER: Sure. And I think -- while they're talking, let me also say I think it's extremely important that in light of the deadline, which I agree with, that Commissioner Henning is Page 203 June 23, 2015 proposing, that staff be available to speak to both parties and make all documents available to both sides as quickly as possible so we can have a resolution based on both parties being informed, since we are dealing with private property that's being impacted. MR. URBANCIC: Thank you. We appreciate your accommodation to allow us to be on the next meeting. I know you weren't going to have land-use petitions, I believe, but we appreciate the accommodation. We're willing to continue those discussions. I know she had just mentioned -- Ms. Nelson had just mentioned that she didn't want the road there, but we're happy to continue those discussions, and maybe we can reach some common ground as to how this would be done. CHAIRMAN NANCE: Okay. I would like to hear the rest the public speakers before we vote on this item since these people have come to speak, and I would like -- I would like to make sure that the petitioner and the public gets all these items out in the open so that when we go for -- COMMISSIONER HILLER: Can I make a suggestion? I mean, it may not make sense because they're -- if they don't have the information to draw -- I mean, they're going to come up and say we object but we haven't been given the information. I mean, if they're all going to come up and say the same thing, what's the point? Let's -- CHAIRMAN NANCE: Well, I want to hear what the objections are. Everybody's says there's no communication. I want to make sure that everybody understands what the objections are now so we can resolve them. If we continue this, I don't want to go -- come back and say, well, wait a second. COMMISSIONER HILLER: No, no. I see your point. That's fine. CHAIRMAN NANCE: Let's have everything addressed, and let's continue with the public speakers. Is that right? Page 204 June 23, 2015 DR. NELSON: Yes, thank you. And thank you. There are other points to be made that I have not -- CHAIRMAN NANCE: Let's hear everything -- let's get everything on the table right now, because it's going to come back in a couple weeks. COMMISSIONER HILLER: Yeah. MR. MILLER: Your next public speaker is Karen Jarnuitowski, and she'll be followed by Steve, is it Roiter (sic)? MR. STRESSENREITER: That's close enough. MR. MILLER: Thank you. MS. JARNUITOWSKI: Good afternoon. My main concern on that -- MR. MILLER: Ma'am, can you state your name for the record, please. MS. JARNUITOWSKI: Oh, Karen Jarnuitowski. MR. MILLER: Thank you. MS. JARNUITOWSKI: My main concern there is there is a school bus stop on Willowick and Lakeland. My main concern is if that road opens, the children will not be safe when waiting for their bus to come. The second is they don't stop at that stop sign as it is. We have a problem with some of the drivers. My second concern would be our neighborhood, our neighbors and all that, will be losing precious property that they have built for 20 to 25 years. Taking that away from them, I feel, is not appropriate to anyone. CHAIRMAN NANCE: What property are we speaking of, ma'am? MS. JARNUITOWSKI: The one -- the people on Lakeland. I have friends that live on Lakeland. They've owned that property. They've been there for years and years. And taking that away -- Page 205 June 23, 2015 CHAIRMAN NANCE: What are we -- MS. JARNUITOWSKI: -- and adding more road for our children to have to stand at that bus stop is going to be a very dangerous situation for the children. I mean, that is my main concern. CHAIRMAN NANCE: Does -- let me ask you one question, ma'am, if you don't mind. Does the bus continue to the end of Lakeland now? Because it's a private road, it probably doesn't continue down on a privately maintained road, does it? Do they? MS. JARNUITOWSKI: It comes down Willowick, it stops and picks up our children on Willowick and Lakeland, and then it continues. But we have many children at that bus stop, and that is our main concern right now for me and for the community. CHAIRMAN NANCE: Well, the bus stop is going to have to be made safe. If there's an improvement in the road, the bus -- MS. JARNUITOWSKI: But a three-lane road is not going to help it. These children have to walk across the road. CHAIRMAN NANCE: Right. Well, the question is if people are willing to participate with the petitioner to -- MS. JARNUITOWSKI: I disagree with the road. I disagree -- CHAIRMAN NANCE: So you, personally, are not willing to participate with the easement? MS. JARNUITOWSKI: No. CHAIRMAN NANCE: Okay. MS. JARNUITOWSKI: I'm not going to -- I am not going to agree with anything widening that road at all, period. CHAIRMAN NANCE: Okay, okay. UNIDENTIFIED SPEAKERS: She doesn't live on the street. MR. MITCHELL: Your next speaker is Steve Roiter. He'll be followed by John McLain. MR. STRESSENREITER: Good afternoon, Steve Stressenreiter, Page 206 June 23, 2015 for the record. I just -- a couple points I wanted to touch on when the attorney was speaking about what he was referring to when he was referring to making the road access in -- ingress and egress on their property. That's not a true statement. The ingress will be in the right-of-way of the house south of their property. So in any given neighborhood, everybody knows the corner lot, the 30 feet on both sides is not yours. It's the county's. But not very often do you see somebody use that 30-foot right-of-way to create its own lane. So basically, their end is going in somebody's right-of-way, creating a road, and then that accesses their property. I agree with that. It's a gray area. Is that allowed? But I don't -- I don't see a -- I've been in this town 35 years, and I don't see another road across the right-of-way -- which is technically the county's, but explain it to the neighbor that you're taking his 10 to 12 feet of his property to create access for them to develop their property. COMMISSIONER HILLER: Well, can I just ask a question? We still need a right-of-way. Are we giving right-of-ways away for the benefit of private roads? MR. STRESSENREITER: Yes, you are. COMMISSIONER HILLER: And then now we're losing the right-of-way -- CHAIRMAN NANCE: There's no county right-of-way. MR. STRESSENREITER: Do you have to make that right-of-way now 30 feet from the edge of the new road? So does that property owner -- COMMISSIONER HILLER: That means -- so, yeah. Well, then, if we have a -- then if we're looking for a right-of-way to compensate for the right-of-way we're giving up, then we're basically taking Page 207 June 23, 2015 someone's property -- MR. STRESSENREITER: Exactly. MR. KLATZKOW: I don't know if that's true or not true. You may want to ask your staff COMMISSIONER HILLER: Well, I don't want to get into the debate, but these are issues that need to be evaluated -- MR. STRESSENREITER: That's the -- COMMISSIONER HILLER: -- by staff because, I mean, we're basically giving up right-of-way, a county right-of-way for free to these people and we're taking -- MR. STRESSENREITER: Correct. COMMISSIONER HILLER: -- right-of-way from other people. If that's the truth, that has to be addressed in the hearing that comes back. I mean, I don't know if it's true or not. We don't have to debate those facts, but -- CHAIRMAN NANCE: Can staff tell me which of this land, if any, is owned by the county? MR. STRESSENREITER: The ingress, the road in is owned by the property -- by the county. And then the other part -- when he put up -- when Terry put up the drawing, he shows the road. The 18 feet and the 20 feet that he spoke about includes my property. It's not going to be an 18-foot-wide lane as their version that they're going to submit for plat. The 18 feet encroaches on my 10 feet. CHAIRMAN NANCE: Let's hear from staff. MR. STRESSENREITER: Okay. MR. McLEAN: Matt McLean, again, for the record. Right now the right-of-way that is the county's is this particular line that ends at this point, juts across Lakeland Avenue, across the edge of this lot here, so the right-of-way is, in effect, that entire area. Once you get north of the pen line, that's where you run back into Page 208 June 23, 2015 the private property moving farther to the north. CHAIRMAN NANCE: So everything north of the pen line, then, is privately maintained road, privately owned easements and privately maintained. What's constructed there now has been privately maintained and privately constructed? MR. McLEAN: That's correct. CHAIRMAN NANCE: And everything south of the pen line is the county easement that has to be justified here, use of the county easement? MR. McLEAN: Yes. South of the pen is the county right-of-way, and north of it is the private section, correct. COMMISSIONER HILLER: That doesn't make any sense. CHAIRMAN NANCE: Okay. MR. STRESSENREITER: Can you ask him to address the 139-foot lane transition that's going on the right-of-way on the property south? COMMISSIONER HILLER: Well, let me -- is this road -- is this road -- this road is not built, right? MR. STRESSENREITER: Yeah. All them roads are built. CHAIRMAN NANCE: Part of its built. MR. STRESSENREITER: The road that they want to put in is not built. But I just -- just ask them, the 139-foot transition lane, is that there now, or will that be in the right-of-way of the person that owns that land. If he can answer that, then we're all golden; we're good. CHAIRMAN NANCE: It's the county right-of-way? MR. McLEAN: It is the county right-of-way, that's correct. CHAIRMAN NANCE: It's owned by the county, sir. MR. STRESSENREITER: I respect that, but I'm just saying, that is not the norm, and then does the right-of-way have to be extended into this guy's property? Is the right-of-way 30 feet from the edge of the new county road? And this becomes a public road, not a private -- Page 209 June 23, 2015 not a county maintained road anymore. Once he goes into that right-of-way and uses that to access his property and ingress/egress out of his property, whose road does that become? Is the county going to be responsible for that road, or is the homeowners association going to be responsible for that road? CHAIRMAN NANCE: Well, that's something that needs to be -- that needs to be -- MR. STRESSENREITER: And then I want them to address the CHAIRMAN NANCE: -- established by the petitioner and staff. MR. McLEAN: Yes. As has been presented, again, below the pen line will be the county's responsibility for ownership and maintenance, and above the pen line, the location that's along here where the two lanes will be created for the ingress and egress will be a private -- or it will be county access, but it will be privately maintained by this HOA, the Legacy Estates HOA. CHAIRMAN NANCE: Okay. MR. STRESSENREITER: That's all. CHAIRMAN NANCE: Okay. So that's an issue that to has be come to grips with. MR. STRESSENREITER: Exactly. CHAIRMAN NANCE: Yes, sir. Thank you. MR. STRESSENREITER: All right. CHAIRMAN NANCE: Thank you. MR. MILLER: Mr. Chairman, your final speaker on this item is John McLain. MR. McLAIN: Hi. For the record, my name's John McLain. I am the property owner of 185 Willowick and also 193, which is on one of those corner lots. I'm concerned about losing some of my property, i.e., easement. It's at the point -- at this point in time it's a vacant lot. Is that going to Page 210 June 23, 2015 make my setbacks 30 feet from the edge of the road, which is going to devalue my property as far as for being able to sell it to build a house on it? So I'm concerned about that. I just don't think it's right that we can take somebody else's property. And, you know, if they own the property, they can build a home on it, but why do you have to take somebody else's property, i.e., easement, from them in order to accommodate somebody else? COMMISSIONER HILLER: We can't. MR. McLAIN: Well, according to that map we are. COMMISSIONER HILLER: We can't. MR. McLAIN: We're cutting over into 201 Willowick, into their property. COMMISSIONER HENNING: Is that down there by the levy? MR. McLEAN: Again, Matt McLean. There is no additional taking of land. The existing right-of-way exists today, already, again. Hold on. Let me put my pen back up there. MR. KLATZKOW: No, the issue is what's getting paved. MR. McLEAN: Yes, correct. The area that's getting paved -- MR. KLATZKOW: So they're increasing the pavement on county right-of-way, but it's his property. That's what we're talking about, right? MR. McLAIN: This right here. We're infringing from the existing roadway over into its right-of-way, but it's property that's now owned by the homeowners. MR. McLEAN: No, but that's county right-of-way. The county owns it. MR. McLAIN: Right. You're taking right-of-way from our yards to pave it. COMMISSIONER HILLER: And then you have to -- aren't you going to add right-of-way? CHAIRMAN NANCE: Who is the owner of the real estate? Page 211 June 23, 2015 COMMISSIONER HILLER: You're going to allow them to build a road in the right-of-way? COMMISSIONER TAYLOR: Yeah. Don't you need right-of-way? COMMISSIONER HILLER: You need right-of-way. CHAIRMAN NANCE: Who is the owner of the real estate, sir? COMMISSIONER HENNING: Is there a levy down there? MR. McLEAN: Which piece of real estate are we referring to? CHAIRMAN NANCE: The part that is below the pen line with -- in which there is pavement and proposed enlargement of pavement; is that the county-owned right-of-way? MR. McLEAN: Yes, that's correct. This is county-owned right-of-way. CHAIRMAN NANCE: So the county owns that? MR. McLEAN: That's correct. CHAIRMAN NANCE: Not the property owner? MR. McLAIN: It's easement. Originally they said they were going to contain everything on their piece of property. They're not doing that. COMMISSIONER HILLER: We're allowing them to develop a private -- we're allowing -- we would be allowing them to develop a private road on county property, and we're not charging them for the right to use that county property to expand their private road. And then on top of that, the issue is now all of a sudden we have no right-of-way there because we've allowed a road to be built on it. So then the question becomes, do we have to create a new right-of-way adjacent to what is the new edge of this road? And the other question is how it affects all of these people's development rights, because if they can only -- if the setback is, you know, so many feet from the edge of the road -- I don't know how they're defining the setbacks -- then, in effect, there is a takings because we've allowed this Page 212 June 23, 2015 road to encroach closer to the -- MR. McLAIN: In a sense, devaluing the property. COMMISSIONER HENNING: Why would we need -- COMMISSIONER HILLER: It is devaluing. COMMISSIONER HENNING: -- more right-of-way? Why do you need more right-of-way? COMMISSIONER HILLER: I don't know. COMMISSIONER HENNING: For the levy? CHAIRMAN NANCE: All right. Thank you, sir. I appreciate it. Okay. We've heard the speakers. There's a motion and a second to continue this. I think staff, the petitioner, and the citizens all understand what the issues are, that we will come back on the 7th of July, and hopefully we will have everyone happy with the outcome. COMMISSIONER HILLER: Well, the other important issue is is to make sure that, for the people who are not here today, that they understand they have an opportunity to work with the developer and to work with our staff and, you know, there aren't going to be any excuses because it's been clear. UNIDENTIFIED SPEAKERS: How do we arrange that? COMMISSIONER HILLER: Well, have -- Leo, can you assign a staff person as the liaison between these parties? MR. OCHS: Yes, we'll do that before these people leave, and we'll give a contact name and number. CHAIRMAN NANCE: I would hope that what the neighborhood receives out of this is a very nicely paved and improved road at no cost to them. COMMISSIONER HENNING: They don't want it. CHAIRMAN NANCE: But, I mean, that was what I would hope for you. Now, if you don't want that, certainly you don't have to negotiate for that. COMMISSIONER HILLER: But it can't be at the expense of Page 213 June 23, 2015 their property rights. That's the issue. CHAIRMAN NANCE: No, but they have a road. If they can get a better road, maybe that would be nice. If they don't want a better road, I'm certainly not to make that decision for you, but you have the opportunity. Any additional comments? COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Yes. Before we vote, Commissioner Hiller asked a question that wasn't answered about right-of-way, giving up right-of-way. If we give up -- if we make our right-of-way a road that benefits a private development, do we need to take more right-of-way? MR. CASALANGUIDA: No, ma'am. You don't need additional right-of-way. It's a county right-of-way. It's like getting a right-of-way permit to work within county right-of-way. When we come back, we'll have the plat map shown there. COMMISSIONER HILLER: You know, it's one thing to work in a right-of-way, but it's very different to allow the right-of-way to be used for private purposes. MR. CASALANGUIDA: Ma'am, they use the right-of-way for private purposes. These property owners here use it as well, too. That's how they access their property. COMMISSIONER HILLER: Over that right-of-way? MR. CASALANGUIDA: Over that right-of-way. CHAIRMAN NANCE: That's how they get into -- MR. CASALANGUIDA: I'm going to make it very clear. That map that Matt put up there, where the county line or county right-of-way ended, they use that to get to their property. That road that's there that's paved right now is access for these people, too. COMMISSIONER HILLER: And then we have the issue of the Page 214 June 23, 2015 private property that goes beyond that. MR. CASALANGUIDA: Beyond that road. COMMISSIONER HILLER: And we're creating a plat that lets a private property owner take -- MR. CASALANGUIDA: He's not taking our right-of-way. CHAIRMAN NANCE: He's using his own property. MR. CASALANGUIDA: He's using his -- once it crosses -- COMMISSIONER HILLER: No. He's using their property. MR. CASALANGUIDA: Ma'am, you can testify. She's asking me a question. Once they cross over that county right-of-way, they're moving strictly to the east of that right-of-way that's on that property line onto their own property to make the road work. COMMISSIONER HILLER: You know what, you guys all need to work together, figure it all out, bring back the truth. CHAIRMAN NANCE: Okay. There is a motion and a second to continue. Any further comment? (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, like sign. (No response.) CHAIRMAN NANCE: Okay. It's continued until the Board of County Commission meeting on July 7. COMMISSIONER HILLER: Can we set a time-certain now so everybody knows that they have to come back at that time? Page 215 June 23, 2015 COMMISSIONER HENNING: 9:30? COMMISSIONER HILLER: What time would you like? MR. OCHS: Pleasure of the Board. We can do it 1 :30, we can do it -- CHAIRMAN NANCE: It will be a public hearing again? MR. OCHS: Yes, sir. CHAIRMAN NANCE: We'll hear it under Item 9 starting at 1 :30, not before. MR. OCHS: Yes, sir. COMMISSIONER HILLER: So shall we do time-certain 1:30? Okay. Time-certain 1:30, July 7th. And we'll assign a staff person and make all information available to all parties in the same amount of time. UNIDENTIFIED SPEAKERS: I have a question. COMMISSIONER HILLER: No, we're done. Item #11G A STANDARD DONATION AGREEMENT THAT ALLOWS JD DEVELOPMENT 1 LLC, A FOREIGN LIMITED LIABILITY COMPANY, TO DONATE A 1 .14 ACRE PARCEL ALONG WITH A MANAGEMENT ENDOWMENT OF $4,440.30 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. (COMPANION TO FORMER ITEM #16A16, MOVED TO ITEM #9C) - MOTION TO CONTINUE TO Page 216 June 23, 2015 THE JULY 7, 2015 BCC MEETING AT THE TIME CERTAIN 1 :30 P.M. — APPROVED MR. OCHS: Mr. Chairman, that takes you to the companion item, 11H. I presume the Board would like to make a motion to continue this. CHAIRMAN NANCE: Motion to continue. COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: Second. CHAIRMAN NANCE: Second. There's a motion and a second to continue. COMMISSIONER HILLER: On the same terms as 11G. CHAIRMAN NANCE: On the same terms, and to be re-presented as a companion item when it returns on the 7th of July. 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, like sign. (No response.) MR. OCHS: Thank you, Commissioners. Item #11G A TEMPORARY SIGNAGE PROGRAM DURING THE 2015 SUMMER BREAK TO PLACE TEMPORARY YMCA/CAT SIGNS ON SELECT CAT BUS STOP POLES - MOTION TO DENY — APPROVED; MOTION DIRECTING STAFF TO COME BACK WITH IDEAS IN REGARDS TO EXCEPTIONS FOR Page 217 June 23, 2015 SIGNS THAT ARE ERECTED TO PROMOTE PROGRAMS OR EVENTS IN THE COMMUNITY — APPROVED MR. OCHS: That takes us now to Item 11G, which was previously Item 16D15 on your agenda. It's a recommendation to approve a temporary signage program during the 2015 summer break to place temporary YMCA/CAT signs on select CAT bus stop poles, and this item was brought forward by Commissioner Henning. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Thank you. Yeah, it's always been a long-standing -- Commissioner Fiala, you might remember. In fact, I'm going to quote you on the bus stops, the benches, we don't want to look like Lee County -- COMMISSIONER FIALA: Right. COMMISSIONER HENNING: -- because of the character of our community. The second thing is, if you allow one person -- and this particular item is a group, a not-for-profit group, to use the public's property, you've got to allow the business owner that's selling jewelry, that's selling tile, and everything else to use our property. The issue of the Constitution is the right of the people. It's not the right of government, okay. And you have to be equal. And you can't be selective on who you like or who you dislike. So what do you want to do? You want to let all, or do you want to keep the character of the community? COMMISSIONER FIALA: I'll make a motion to deny. COMMISSIONER HENNING: I'll second it. COMMISSIONER FIALA: Okay. MS. ARNOLD: Can I just present what the idea was? The idea wasn't to be selective. We are working with the Y, and because -- for the Summer Hall Pass program that you-all adopted. The intent of Page 218 June 23, 2015 these signs were to be way-finding signs. They've got a summer program that they're highly participating in with, and a couple of our stops have over 40 kids at that particular location at this particular point of the summer. COMMISSIONER HENNING: Yeah. The executive summary was clear. MS. ARNOLD: And what we were trying to do is just make it easier for folks to identify what bus stops, because the buses -- COMMISSIONER HENNING: Why not make it easier for the guy cleaning the jewelry that's holding a sign up in the right-of-way of, you know, telling the kids' mom and dad that they clean jewelry? Why isn't that fair? COMMISSIONER HILLER: Can I make a suggestion? MS. ARNOLD: I don't have an answer. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HENNING: I didn't think so. COMMISSIONER HILLER: Are we allowing businesses to buy advertising on the bus? Didn't we agree that they could buy space? MS. ARNOLD: Yes, we do. COMMISSIONER HILLER: So why not -- you know, I'm not sure how you switch the advertising out on buses depending on routes, but if you have, you know, buses dedicated to that particular route why not have the Y buy advertising in the bus so that everybody sees when they use that bus along that corridor, the parents who use the bus will see that those are the stops that the Y will pick up at and let YMCA buy advertising, and they promote themselves as well as the fact that -- MS. ARNOLD: And they can. COMMISSIONER HILLER: -- it's accessible. So why not -- then everybody can do that. MS. ARNOLD: The thing with the buses, our buses don't stay on the same route every time, so it's not -- the bus stop is what we were Page 219 June 23, 2015 trying to identify at that particular location. So the Y, like anybody else, will have an opportunity to purchase advertising on the bus. And the intent of this wasn't for advertising purposes. COMMISSIONER HILLER: No, I understand. The intent is for information so these kids, or the parents of these kids, know what stops to take -- MS. ARNOLD: And, you know, if the majority of the Board is not in favor of it, that's fine. The intent wasn't an advertising thing. It was just to identify a particular stop that was going to be where parents could clearly know that this is a -- this is the actual place that they would leave their kids to pick up the bus. COMMISSIONER HILLER: When the new Y was built, I worked with Paul to develop this route. You know, they expressed an interest in developing a route that would allow these children to come directly to the Y, and we also worked on changing the access at the Y, you know, changing the road configuration to make it safer and easier to get in and out of, you know, including lighting, for example. So I think -- and we've done a great deal, and we do have to be fair and, of course, you know, we change routes because we want to gear our routes to ridership. But I have to say there's -- I think there is a slippery slope that if we're doing it for one nonprofit, you know, why not do it for the others on other routes. We want to promote and help as much as we can, and our goal is to provide, you know, ridership or support for our ridership, but I don't think that we can do this. I think if, you know, there's some way you could maybe dedicate a few buses along that route and, you know, if-- or I don't know how you manage your individual buses, but if they could advertise, that would be great, or if there's some other informational mechanism that could work, that would be great, but I think that doing this does create a problem. It has to be fair. MS. ARNOLD: Yeah. The advertising is allowed on the bus, Page 220 June 23, 2015 and the Y would have opportunity to do that. COMMISSIONER HILLER: Well, then present that to them and make sure they're aware of that. MS. ARNOLD: We have. COMMISSIONER HILLER: Yeah. CHAIRMAN NANCE: I'm going to support the motion, and I'm going to call for a vote on it, but then I'm going to make another motion to see if there's any traction for that. So there's a motion and a second to deny. 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: Okay. It's denied 5-0. I'm going to -- I'm going to remind the board members that when we approved our sign ordinance for temporary signs we had a program where we could identify recurring events that we had identified as having community value, that we wanted to allow a different standard of advertising to get people to participate in that. I'm going to say that if we want to encourage transit, particularly in the summer, that we should direct staff to come back with some events that the Board deems as having community value that we're going to have during a specified period of time and allow for some sort of designation at our bus stops where people know what the program is during a defined period of time; in other words, not something that's just at random, but something that can identify a swimming program or some program like this, a summer Y program that the county might or Page 221 June 23, 2015 might not be participating in or parks and rec might take advantage of something like that, but just to examine that and come back with some recommendations or some ideas how we might tastefully be able to inform the public of what the program is and how they can use transit to get there. COMMISSIONER HILLER: I'll second that. CHAIRMAN NANCE: I think that would be of value. COMMISSIONER HILLER: I'll second that, and that should be done as a countywide standard because there might be, you know, special events around the county that we would want to highlight in that fashion so that the community that uses buses would be able to get the best -- CHAIRMAN NANCE: Do we -- Commissioner Henning, and then I think we have public speakers. Commissioner Henning? COMMISSIONER HENNING: Yeah, first of all, we need to vote on the motion. The second thing, I'm not going to participate choosing winners and losers, because that's what you're going to do; you're going to choose who can and who can't. CHAIRMAN NANCE: Well, Commissioner Henning, respectfully, sir, we already went out and we said we have events in the community that we want to -- that we want to promote, like Swamp Buggy, different activities during the year, and we have different sign regulations that allows those events that have been so designated by the Board to advertise in a way that's increased over normal temporary signs. COMMISSIONER HENNING: And what it was, to give you a little history, it was a way to inform the motoring public on how to get there. CHAIRMAN NANCE: Right. COMMISSIONER HENNING: And now it's turned into advertising in the right-of-way instead of directional, okay. Page 222 June 23, 2015 CHAIRMAN NANCE: Our current regulation has? COMMISSIONER HENNING: What you just -- yeah, what is being done and just what you directed staff to do. If it's -- COMMISSIONER HILLER: He told them to come back and bring information. He didn't direct them to do anything. COMMISSIONER HENNING: More advertising, right? Is that what you heard? CHAIRMAN NANCE: No, not advertising, sir. Events that the county wants to promote -- COMMISSIONER HENNING: Promote. CHAIRMAN NANCE: -- as having value to the public -- COMMISSIONER HENNING: Okay. What is promote? Is to get people to attract there. CHAIRMAN NANCE: Encourage participation in. COMMISSIONER HENNING: That's advertising. It's not a directional in the public right-of-way on how to get there. But, anyways, you got a motion, you got a second on the floor -- CHAIRMAN NANCE: Okay. COMMISSIONER HENNING: -- on this item, and it would be appropriate to vote on this before you stick another motion out there. CHAIRMAN NANCE: We already voted on the first one. COMMISSIONER HENNING: We did? CHAIRMAN NANCE: Yeah, we denied it 5-0. You made a motion to deny, and we voted. COMMISSIONER TAYLOR: He's thinking about the levy. COMMISSIONER HENNING: My mistake. CHAIRMAN NANCE: You won that one, you did. COMMISSIONER HENNING: All right. CHAIRMAN NANCE: Okay. Do we have a public speaker, Mr. Miller? COMMISSIONER FIALA: Are you down at the levy? Page 223 June 23, 2015 COMMISSIONER TAYLOR: It's about the levy. MR. MILLER: Mr. Chairman, my apologies. I should have spoke up sooner, but I don't believe Mr. Thein from the YMCA is still here. COMMISSIONER HILLER: No. MR. MILLER: So, yeah. CHAIRMAN NANCE: Okay. COMMISSIONER HILLER: No, he's not. CHAIRMAN NANCE: All right. Well, that's -- I mean, that's my best motion, and there's a second. Is there any further discussion on that idea? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: (No verbal response.) CHAIRMAN NANCE: Any opposed? COMMISSIONER HENNING: Yeah. COMMISSIONER TAYLOR: I'm opposed. I've gone down this slippery slope before. It's treacherous. CHAIRMAN NANCE: Okay. COMMISSIONER HILLER: Well, I think we're only asking for information. I mean, if it comes back and whatever's being proposed doesn't make sense and does prove to be a slippery slope, we're not going to -- CHAIRMAN NANCE: Yeah, we're just -- we didn't approve anything. We just asked staff to come back with some ideas. COMMISSIONER HILLER: Yeah. And, I mean, if the ideas are no good, we'll reject it. CHAIRMAN NANCE: Okay. Page 224 June 23, 2015 Item #11I AWARD RFQ #15-6433, PRODUCTION OF THE TOURISM GUIDE, TO MILES MEDIA GROUP, LLLP AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE COUNTY ATTORNEY APPROVED CONTRACT AND MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM - MOTION THAT ANY CONTRACT RENEWALS BEYOND THE INITIAL 1-YEAR TIME PERIOD BE BROUGHT BEFORE THE TDC AND BOARD OF COUNTY COMMISSIONERS FOR APPROVAL — APPROVED MR. OCHS: Yes, sir. That takes us to Item 111. It was previously 16F6. This is a recommendation to award a contract for production of the tourism guide to Miles Media Group and authorize the Chairman to execute the County Attorney approved contract, make a finding that this action promotes tourism, and this was moved at Commissioner Taylor's request. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: And the reason I asked it moved, if you look at the agreement or the contract under 1, commencement, there is a provision in there that the county may -- and I'm reading this -- at its discretion and with the consent of the vendor, renew the agreement under all the terms for three additional years -- three additional periods, one-year periods, and all I'm asking is that any renewal comes before the TDC and also this board. That's it. COMMISSIONER HENNING: And I'll make a motion to incorporate that into the approval. COMMISSIONER TAYLOR: Thank you. Second. CHAIRMAN NANCE: There's a motion and a second. Page 225 June 23, 2015 COMMISSIONER HILLER: Can we have some discussion? I'd like to hear -- CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I'd like to hear more from staff about this agreement and why it was presented this way. County Manager, can you explain it? MR. OCHS: Mr. Wert is available to explain, ma'am. MR. WERT: For the record, Jack Wert, your tourism director. The contract, as you see it, is a standard County Attorney approved contract that we use for all of our service agreements. We normally have an initial term and then some one-year renewals beyond that, again, at the discretion of the county. We look at it each time at the end of that first year and make a determination, has this vendor performed as agreed to and, if so and if they're in agreement, same terms and conditions as the original contract, we then renew it for one additional year. This is the way all of our service agreements operate, and it enables us to not be going out for formal bids every single year which, in this case, this is a very important part of our marketing plan. It -- we feel that it's important to work with a vendor over a couple of years. COMMISSIONER HILLER: What's the amount? MR. WERT: The first year it looks as though, based on the doing 125,000 copies, the net cost to the county would be $46,500. This amount, Commissioner, depending on cost of paper, how many pages we have, how many changes to the photographs and editorial, has ranged between 25,000 and 42,000 over the past few years. It's -- it varies with costs and how much we change the guide each year to up it and make it better. COMMISSIONER HILLER: And then the extensions would be for how much? Page 226 June 23, 2015 MR. WERT: Each year we would get a new bid, four, and we would budget accordingly in that fiscal year for that contract. We don't anticipate it would ever go over 50,000. COMMISSIONER HILLER: Okay. So you basically -- County Manager, can you go to the purchasing ordinance see how -- what section applies and how? MR. OCHS: Yes, ma'am. This would be under your renewal provisions. Ms. Markiewicz, do you happen to have that? COMMISSIONER HILLER: Because essentially what Commissioner Henning and Commissioner Taylor are saying is that you need to come back every year for approval, and I'm sure -- what's the reasoning that you've got for saying that? COMMISSIONER HENNING: I've got my reason, I'll tell you. COMMISSIONER HILLER: Well, Commissioner -- COMMISSIONER TAYLOR: Well, no, you're reading more into it. COMMISSIONER HILLER: -- Taylor -- COMMISSIONER TAYLOR: No, no, no, no. The issue is that Miles Media Group was the sole response to -- or let's say, they sent out over 600, I believe -- well, let me just review this here. They were the sole responder. Okay. They sent out -- excuse me, I'm so sorry -- 679 firms, 55 firms requested full solicitation packages, and only one bid was received by the due date. COMMISSIONER HILLER: Why is that? COMMISSIONER TAYLOR: Well, I don't know, but I can tell you that I think they offer a very -- they offer a turnkey service; that's how it was explained. And maybe there's no competition but, frankly, I want to see next year if there's more competition. COMMISSIONER HILLER: Well, what I'd like to understand is why only one company would respond to what should be a more general solicitation. I can't understand why no one else bid on this. Page 227 June 23, 2015 MS. MARKIEWICZ: Joanne Markiewicz, Procurement Director. We surveyed a number of companies, and some of them said that they didn't do the combination of advertising and printing, some of them indicated that their amount of work that they have right now exceeds what they could take on in terms of this particular bid. There were a variety of reasons. Again, it varied for a number. COMMISSIONER HILLER: Well, the concern I have, just from a bidding standpoint, is, you know, was the solicitation described in a way that would invite competitors because, as you know, if you tailor a solicitation too narrowly, it might deter others, or if you describe it, you know, as one way or another, it -- you know, people might say, you know, we won't take the job at 50, but we'll take -- we'll bid if it's 100, for example. MS. MARKIEWICZ: This is a combination of advertising and printing. It's a niche market, but there are five or six companies who could easily perform the scope of work -- COMMISSIONER HILLER: We've been with Miles Media for a very long time now. How long has Miles Media been -- MS. MARKIEWICZ: Miles Media had the former contract. COMMISSIONER HILLER: Right. MS. MARKIEWICZ: And when we bid that out the last time, we had one other company who submitted a proposal. COMMISSIONER HILLER: Okay. And when we bid it out last time and we selected Miles Media, how was that approval given by the Board? Did we approve it, you know, for the first year with three extensions? MS. MARKIEWICZ: It was identical to this one, ma'am. COMMISSIONER HILLER: Exactly like this? Okay. And, Commissioner Henning, what's your reason? COMMISSIONER HENNING: The Florida Statutes is clear. In fact, there's an AGO that -- AGO on Collier County that the Board of Page 228 June 23, 2015 Commissioners needs to find that it promotes tourism. And this is a one-year contract for $57,000. And what we're saying is, staff can make that determination that it promotes tourism even though the law says the Board of Commissioners needs to do that. Even though there is an AGO for Collier County saying, yes, you can as long as the Board finds it promotes tourism, it needs to come back to the Board at a minimum to say that it promotes tourism. COMMISSIONER HILLER: So -- go ahead. MR. WERT: If I might, Jack Wert, again. Each year, if we renewed that contract, it would be coming back to the Board in two ways. First of all, it would be part of our budget that you approve. It would also be a line item within our marketing plan that you also approve. So it would be for the amount of money that we have a solid bid from Miles Media, or whoever the supplier might be for that visitor guide. It will be in our marketing plan, which you approve, and also part of our budget that you approve. COMMISSIONER HENNING: Well, the budget, again, is not a macro -- it's a macro budget, not a micro. MR. WERT: I don't disagree, but the marketing plan is specific. It has absolute line items for a visitor guide. It certainly does. COMMISSIONER HENNING: We can get around that. But, you know, what's wrong with bringing it back? MR. WERT: Well, we certainly can, and we'll bring it to the TDC and to the County Commission if we're going to renew the contract. Just -- so -- fine, that's what I understand. CHAIRMAN NANCE: Commissioner Henning, do you have any additional comments? COMMISSIONER HENNING: Uh-uh. CHAIRMAN NANCE: All right. Commissioner Fiala? COMMISSIONER FIALA: Would you believe I've already Page 229 June 23, 2015 forgotten what I was going to ask. CHAIRMAN NANCE: I believe you. Okay. If we don't have any further comments, there's a motion and a second to approve it under the stipulation that it's coming back annually for re-approval; is that correct, Commissioner Henning? COMMISSIONER HILLER: For purposes of the TDC recognizing -- and for the Board of recognizing that it supports tourism. CHAIRMAN NANCE: Okay. COMMISSIONER HILLER: Is that the reason? COMMISSIONER HENNING: Promotes. COMMISSIONER HILLER: That it promotes tourism? CHAIRMAN NANCE: That's where you're at, Commissioner Henning, your motion? COMMISSIONER HENNING: It's -- I'm the second. CHAIRMAN NANCE: You're the second. COMMISSIONER HENNING: Commissioner Taylor is -- COMMISSIONER TAYLOR: Okay. Yeah, that's fine. There's a -- I have another thing I need to add to this discussion. CHAIRMAN NANCE: Go ahead, ma'am, and then we're going to go to Commissioner Fiala. COMMISSIONER TAYLOR: Okay. The way this contract has been written and the way that Mr. Wert has done business does not -- it certainly follows business, but it doesn't follow government practices. And I'm going to kind of stumble through this, but I think I'm going to refer this to Ms. Kinzel who's sitting next to me to explain what her concerns are, and that's another reason to allow this to go for a year until these issues can be worked out so that next year it's done maybe a little differently. MS. KINZEL: Thank you, Commissioner. For the record, Crystal Kinzel. Page 230 June 23, 2015 The primary concern that we had with the way the item was solicited and bid, it's a netting item. The total cost to the Board isn't the 46,5-. The total cost to the Board is 171,5-. There are the specific costs of 146,5-, and then they are entitled to 20 percent of the revenues that are solicited. So if you add the 20 percent revenue to the 146,5-, that equals actually 171,5-. The netting shortfalls your revenue recording as well as your expenditure recording, and we need more specificity. Now, we brought this up at the tourism meeting yesterday. Mr. Wert has agreed to provide some additional information. We'll work towards that, but I did want to put on the record that the netting concept is problematic in general for government. We have some concerns, but I'm willing to work with Jack a little further. COMMISSIONER HILLER: Crystal, can I ask you a question on that? MS. KINZEL: Sure. COMMISSIONER HILLER: Are you saying the cost to print is the 146-, and the revenue that's projected is 125-, and then the cost to the county is 46-? So -- but they're going to charge us 46- regardless of the projected revenue. Are they going to charge us .37 regardless? MR. WERT: No. COMMISSIONER HILLER: Per guide? MR. WERT: What we will -- it's based on -- the cost of the guide, we're projecting right now, at 146,5-. That should stay the same for 125,000 copies. We're projecting ad revenue of$125,000 based on the last few years, what the demand has been for ads in that. And the credit, then, that they are giving us is 80 percent of that ad revenue. So the cost to the county is $46,500. You're not going to be writing a check for any more than that, and -- COMMISSIONER HILLER: But that's not necessarily -- Page 231 June 23, 2015 MR. WERT: -- in fact, it could be less if we only print 100,000. COMMISSIONER HILLER: Well, I think -- I understand based on what we're looking at here, what Crystal's concern is. You've got the projected advertising revenue as an unknown. MR. WERT: True. COMMISSIONER HILLER: And you've got the cost to produce also as an unknown because it's a variable cost. They know what their unit cost is, but if we print more or less, that number is going to change. MR. WERT: Yes. If-- it would go down, if anything, because of printing less than 125,000. COMMISSIONER HILLER: So the net cost to the county would MR. WERT: Drop. COMMISSIONER HILLER: -- drop also? MR. WERT: Yes, sir -- yes, ma'am. COMMISSIONER HILLER: Proportionally. So the reality -- why are we doing it this way? Why don't -- why don't we just have -- why don't we know what the cost per guide is? And how much has that fluctuated over the years? Is this -- you know, what has the cost per guide been over the past few years? MR. WERT: The guide, in the last few years, our net cost has run between 25,000 and $42,500. COMMISSIONER HILLER: No, what's the unit cost? Because that's what matters. MR. WERT: I don't have that, ma'am. COMMISSIONER HILLER: What's the net unit cost? Because, I mean, if the net unit cost has been within a certain range -- but I understand Crystal's point. And, you know, given that you've got these unknowns, I mean, the contract could be for more or less. It's not 46,5-. Page 232 June 23, 2015 MR. WERT: What we're asking for is up to $50,000. It will not go over that. COMMISSIONER HILLER: So costs not to exceed 50,000. MR. WERT: That's correct, yes. CHAIRMAN NANCE: Who collects the revenue, Mr. Wert? COMMISSIONER HILLER: For how many units? MR. WERT: For -- well -- COMMISSIONER HILLER: I would -- MR. WERT: -- this bid was based on printing 125,000 books. In the past, we have printed 100,000, 110,000, depending on what we thought the demand would be. And so my guess right now is we're probably going to print 100,000. COMMISSIONER HILLER: I think we need to go back. I think we need to look at what the average per-unit cost is, and I think -- I understand not exceed 50-, but we still have to look at, you know, what the reasonableness of the unit cost is -- MR. WERT: Okay. COMMISSIONER HILLER: -- because otherwise the unit cost could be substantially higher. I mean, you know, I don't understand how they're generating sales revenue. I mean, if they don't -- whatever -- the revenues you're talking about. MR. WERT: The revenues are actually their salesperson -- COMMISSIONER HILLER: I think we need to continue this. MR. WERT: -- calling on -- COMMISSIONER FIALA: No. MR. WERT: Let me see if I can show you what they do. The sales effort that they do on our behalf, they settle the ad -- this is a turnkey project. That's exactly how it's bid, and this is how you bid a project like this. I don't have a sales force, and I certainly don't have staff time to do this kind of-- this is what it takes to sell those ads; over 80 different meetings. Page 233 June 23, 2015 COMMISSIONER HILLER: They sell the ads. So they sell the ads -- MR. WERT: Yes. COMMISSIONER HILLER: -- and they capture the revenue from those ads? MR. WERT: And they credit us back 80 percent of that revenue. And we have full disclosure of exactly what that is. Every week I get, Commissioner, a sales report, so I know exactly who he's calling on. We have a rate card that is established every year, so there are the rates of what the ads are sold for. So we have full disclosure. COMMISSIONER HILLER: What would you prefer to see, Crystal? COMMISSIONER FIALA: Do the rest of us get to talk, too? COMMISSIONER HILLER: Sorry. I just -- I want to just understand. I'm sorry. CHAIRMAN NANCE: Let's do that, and then we're going to go to Commissioner Fiala. So please ask. MS. KINZEL: Commissioner Hiller, exactly the way you're heading. The expenditures should be bid as to the expenditures of the total cost per unit. Just on the basis of the 110,000 or the 125,000 copies, whether you do 56 plus four pages or 48 plus four pages, which were the options in the solicitation, the per-unit cost can fluctuate from $1.31 to $1.51 per unit cost. The other thing is ensuring and capturing that revenue. Because when he says they generate the advertising revenue -- but they're also retaining 20 percent of that towards the cost. So it's the 146,5- plus 20 percent in the revenue is your real cost of these units, and it's offset by the revenue that they collect. But to capture it, you -- COMMISSIONER HILLER: Of course, I know Commissioner Fiala wants to speak to this, and I apologize, but I really -- COMMISSIONER FIALA: We wait and wait and wait. Page 234 June 23, 2015 CHAIRMAN NANCE: We're going to go -- COMMISSIONER HILLER: I just think this is a very important CHAIRMAN NANCE: Let's get Commissioner Fiala's input. COMMISSIONER FIALA: What I have to say is, who collects this revenue? COMMISSIONER HILLER: They do. MR. WERT: The revenue is collected by the publisher of the magazine. COMMISSIONER FIALA: No. Who collects the tourist tax dollars that pay it? MR. WERT: We do. COMMISSIONER FIALA: You pay it. And who votes on how they want it to be spent, the money that they collect? MR. WERT: It's recommended by the Tourist Development Council, and you approve it. COMMISSIONER FIALA: Okay. And do they also take that same money and save the taxpayers of Collier County hundreds, in fact, millions of dollars on our beach renourishment, on our parks, et cetera? And we're trying to picayune the cost of publishing something when it's what they want published, it's the money they collect, and it's the money they've approved, and we're going to tell them how to do it. It just doesn't make any sense to me. COMMISSIONER HILLER: Can I respond to Commissioner Fiala? It's more the accounting of the procurement, and we want to make sure that we're properly reflecting what the cost is versus what this net of cost is. COMMISSIONER FIALA: But they want to spend it. It's their money. COMMISSIONER HILLER: No. I understand. CHAIRMAN NANCE: She's just talking about the accounting, Page 235 June 23, 2015 ma'am. I think it's just the accounting of it. COMMISSIONER HILLER: It has to do with the procedure for CHAIRMAN NANCE: Accounting for it. COMMISSIONER HILLER: -- accounting for the revenue. COMMISSIONER FIALA: I'm sorry. I didn't mean to get nasty with you. COMMISSIONER HILLER: No, it's okay. And your point is well made. I mean, from a public-service standpoint, I understand where you're coming from. This has really nothing to do with that. It wouldn't matter if this was -- CHAIRMAN NANCE: It's fully justified. There's no question of it. The program is a good program. It just -- COMMISSIONER HILLER: Yeah. No one's -- CHAIRMAN NANCE: -- the accounting needs to be a little cleaner. COMMISSIONER HILLER: No one's objecting to that. The issue here is the accounting. The reporting of the value of the contract is what's at issue. COMMISSIONER FIALA: We're making it so difficult for everybody. COMMISSIONER HILLER: Yeah, I know -- CHAIRMAN NANCE: We are. COMMISSIONER HILLER: -- but this should -- you know, County -- can I make a suggestion? Can I make a -- CHAIRMAN NANCE: Let's go to Commissioner Taylor first, and then let's see if we can come back with somebody that can help us straighten this out. Commissioner Taylor? COMMISSIONER TAYLOR: Well, I think we have a motion on the floor, but -- Page 236 June 23, 2015 COMMISSIONER HILLER: What is the motion? COMMISSIONER TAYLOR: -- and a second. So the issue is -- and just to add to this. Mr. Wert has indicated that he's more than happy to work with the Clerk just to solve these accounting issues. So this is not about the program. The program's wonderful. The guide is beautiful. It's well done, and it's well received. So it's really just to -- and the reason it's here is I would just like the opportunity to be able to vote on it on a yearly basis. COMMISSIONER HILLER: Well, I think -- CHAIRMAN NANCE: That's the motion that we have. COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: So, first of all, we have to dispatch that motion. COMMISSIONER HILLER: Can I make a suggestion? I mean, I can't support the motion because I feel that we should let staff go back and re-evaluate how they are reporting this information for purposes of the contract. And let's make sure that we all understand, you know, even for year one, let alone two or three, what we're dealing with because I -- with this netting, I can see some issues. And it may not be, and it may be fully explainable, but I think it really ought to be revisited. And so I can't support it, but what I would suggest is a continuance as an alternative motion. CHAIRMAN NANCE: We're going to -- we're going to vote on the item in a moment. Mr. Wert, are you pledging to work with the Clerk to straighten out the accounting and the presentation to the Board and come back to us with something that makes a little more sense? MR. WERT: I am, Mr. Chairman. We have already discussed, and I have agreed, and Miles Media has also agreed, full disclosure of all of the costs. So you're going to see the cost to produce the guide, Page 237 June 23, 2015 how much the photographs cost, how much the printing were. They'll share the printing bids. We can bid the printing ourselves if we like to also make sure that it's competitive. So the total cost, and all of the revenue from the ads, we will see that on a weekly basis what the salesman is selling ads for. That's the total amount. We get 80 percent back of that ad revenue against the hard costs of printing the guide. They have agreed to that. We will provide that. If I might, just one final thing, Mr. Chairman. Another delay will -- I will not be able to get a book in time to start the new fiscal -- the new year. I need this time now to begin to produce the new book. CHAIRMAN NANCE: Commissioner Henning, you're going to find -- you're going to have the last word, then we're going to vote on the motion. COMMISSIONER HENNING: Yeah. What I understand is it's going to come back each year. It's not going to exceed 47,2-. MR. WERT: Not going to exceed 50,000. COMMISSIONER HENNING: Not going to exceed 50,000. Are we on F9? COMMISSIONER FIALA: F12. COMMISSIONER HENNING: Okay. Not going to exceed 50,000. CHAIRMAN NANCE: 16F6, which is now 11I, yes. MS. KINZEL: Just for the record, Commissioner, it is exceeding it. It's $117,000. The net cost isn't the total cost to the production. COMMISSIONER HENNING: That's a part of the motion. MR. WERT: That is the total cost to the county. COMMISSIONER HILLER: I find this completely unacceptable that we are getting this information now. I don't -- you know, let me just say something, Mr. Wert. If you have such deadlines, then you should get your approvals before this board in a more timely fashion. Page 238 June 23, 2015 But to sit here and tell this board that you need an approval now or you're not going to get a catalog on time is your problem. MR. WERT: I understand that, Commissioner. COMMISSIONER HILLER: And it's unacceptable. And to sit here and to get this information from Crystal and -- that shows all this netting is also unacceptable. Because that's not how I understood it. I mean, if Crystal hadn't made that clear, I would have had a different impression. So thank you for bringing that out. And I really don't think it's -- and I don't think we should be voting on this to approve year one, year two, year three. I think this should be continued. I think staff needs to sit down, and we need to figure out exactly what this contract really is about and what the terms really should be, because we're not approving 46-. MR. WERT: I beg to differ with that. I'm sorry. That is exactly what you are approving. COMMISSIONER HILLER: Not based on what Crystal's telling me, and that's why I need time to -- MR. WERT: That's math that I don't understand. COMMISSIONER HILLER: -- review it. This is my first -- and you may be right, but I have to deal with what she's saying. And so, on the record, I mean, I'm -- I have, like, very limited time to come to a conclusion. CHAIRMAN NANCE: Mr. Wert has pledged to come back. Okay. We have a motion and a second. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER HILLER: I'm actually going to vote for it and Page 239 June 23, 2015 ask for a reconsideration. CHAIRMAN NANCE: Okay. COMMISSIONER FIALA: Why would you do that? COMMISSIONER HILLER: Because I don't think this is acceptable. I don't think it's acceptable that we -- that -- I just -- I don't agree with this at all. CHAIRMAN NANCE: That's fine. COMMISSIONER HILLER: And I need more information, and I need to sit down and be able to better educate myself as to what this is really about so that I can better understand how this should be structured, and I can't come to that conclusion at this time. But I want this to come back, and I think we're making a mistake. Item #1 1 J THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN ECONOMIC INCUBATORS, INC. AND THE BOARD OF COUNTY COMMISSIONERS — APPROVED CHAIRMAN NANCE: Okay. Mr. Ochs, let's go to 11J. I believe that's where we are, sir. MR. OCHS: Yes, sir. That was previously Item 16F12 on your agenda. It's a recommendation to approve the second amendment to the agreement with Economic Incubators, Incorporated, and the Board of County Commissioners. This item was brought forward by Commissioner Taylor. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: And I just have one question. This is a second amendment to a grant. Did you get a letter -- has the state reviewed this request, and do we have a letter indicating that they are really okay with it? Page 240 June 23, 2015 MR. REGISTER: Yes, Commissioner. I have that in writing. COMMISSIONER TAYLOR: I'm sorry. I must have missed that letter. MR. REGISTER: I have that -- no, it's an email that -- internal email that we received, and that it clearly states that the DOE has evaluated the second amendment, and they have put it in terms that is required by their agreement, I believe it's Section 2N, that provides for their options to review all amendments and vendor contracts that we have, and they fulfilled that and provided that to me in writing. COMMISSIONER TAYLOR: They've reviewed this, and it's fine? MR. REGISTER: Correct. COMMISSIONER TAYLOR: Okay. That's it. MR. OCHS: We can send that to you, ma'am. COMMISSIONER TAYLOR: Thank you very much. Okay. On that note, I move approval. CHAIRMAN NANCE: Second? Any discussion? (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: (Absent.) CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: (No verbal response.) CHAIRMAN NANCE: Any opposed? COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Did you vote in the affirmative, ma'am, or -- COMMISSIONER HILLER: Yes. CHAIRMAN NANCE: Okay. It passes 3-1 with Commissioner Henning in dissent. Page 241 June 23, 2015 COMMISSIONER HILLER: 4-1. Oh, Commissioner Fiala isn't here, sorry. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Commissioners, I believe that takes us now to Item 15, staff and general communications. Commissioners, just a couple of items real quickly. This is your workshop agenda for the fall, October and November. There was some discussion among the commissioners, and I'm looking for some concurrence from the Board on adding discussion on sidewalks and pathways to the November 3rd workshop agenda that is currently devoted to median landscape options. I think, Mr. Chairman, you and perhaps a couple other board members had expressed an interest in being able to have a workshop discussion about sidewalks and pathways. CHAIRMAN NANCE: Yes. Mr. Ochs, I would like, in view of what -- the discussions we've had regarding sidewalks and also some other issues that have come up repeatedly, to my notice anyway, I would like staff to also be able to speak to the maintained landscaping we have in the Collier County road right-of-way; in other words, not just the medians in the center of the roadways but also the plantings along the edges in the county-owned right-of-way, because I think there's some significant things that perhaps we need to understand about those, and I think those impact sidewalks, they impact the signs that are regulated by our sign ordinance for businesses and how they interface required landscaping. My concern is that we have landscaping that's required for a commercial development or a PUD, and then we have county-installed Page 242 June 23, 2015 landscaping in the right-of-way directly in front of that. And I want to understand how we're decision-making on that and perhaps understand what the cost of that is to continue to do and maintain. I think it's significant. Commissioner Henning? COMMISSIONER HENNING: Along with sidewalks and pathways, I think it would be prudent for the information for the Board of Commissioners, since we're getting, you know, deviations from these PUDs, for one thing, and more people wanting, petitioning the Board for sidewalks and pathways; however, I would like to know -- because we have a lot of PUDs out there going back from the '60s, I would like to know how many of them have amended their site plan to add sidewalks in their community so I can understand, is there a true need for sidewalks or want for sidewalks in the community? Does that make sense? CHAIRMAN NANCE: Is the Planning Commission -- one moment, Commissioner Hiller. Is the Planning Commission not scheduling a workshop on sidewalks or pathways or something? MR. CASALANGUIDA: They've asked for one, sir. CHAIRMAN NANCE: Excuse me? MR. CASALANGUIDA: They have asked for one, sir. COMMISSIONER HILLER: Can I -- CHAIRMAN NANCE: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. You know, I sit on that statewide advisory board to DOT for pathways, and I had the opportunity to speak to Billy Hattaway, who is our District 1 Secretary for DOT. And Billy is developing the complete streets concept for DOT. And I had the opportunity to speak to him, and he indicated to me that he was going to try to speak to the individual board members and that he would be willing to come back and speak to the Board at a Page 243 June 23, 2015 future time in any capacity, whether it's in front of the Board as the Board of County Commissioners or in front of the Board in a workshop setting. Complete streets, there is a real -- and I think Commissioner Henning raises a really good point. There's a real misunderstanding of what complete streets is. And the decision is not a one-size-fits-all. It is not intended, contrary to what the Pathways Coalition represented to us when we had that one project come forward, that complete streets are two sidewalks on each street. In fact, Billy made it very clear that their standard setting is that the determination will be ad hoc and will be based on, you know, the volume of traffic and the pedestrian -- the volume of pedestrian traffic. So, for example, you know, he was describing a community that he lives in in Orlando, which is similar to Pine Ridge where I live, and where you have very low traffic volume and very low pedestrian volume; to require a community like that to have two sidewalks is completely unnecessary and unreasonable to compel. We talked about the project that came forward that was a loop where the Board was pressing two sidewalks, and he said clearly in that kind of situation you would not want two sidewalks. That's exactly the example where you don't need that in that type of a loop. On the other hand, like, if you go to downtown City of Naples, that kind of environment you want sidewalks on both sides of the street, or if you take Immokalee Road, you want a sidewalk on each side because it's very hard, you know, to just walk on one side and cross that kind of road. So he said that he would be willing to present what is envisioned as a complete street and how you apply the complete street model. And I know we have a whole bunch of projects that are coming up, in part, where those projects want to change their sidewalk configuration or, in part, where they're just new projects with proposals for Page 244 June 23, 2015 pathways, sidewalks, bike lanes, and so forth. And I think it would be worth the Board's time to maybe when we -- if it's early enough at the November meeting, or we could switch it around and do the median landscape option at the October meeting and add, you know, a presentation from DOT on complete streets so that as we go into the new year, when we have projects come before us, that we can make decisions on an informed basis and not try to guess, you know, what the standard is or what the best standard would be for a particular project. CHAIRMAN NANCE: Let me make an inquiry. Commissioner Henning, are you asking for a discrete body of information, sir? Are you asking for a workshop on sidewalks? COMMISSIONER HENNING: No, no, no. He said -- didn't you say to add sidewalks and pathways to -- did I misunderstand? MR. OCHS: No, sir. I was inquiring whether the majority of the Board had an interest in adding an item onto the November workshop that included a presentation and discussion on sidewalks and pathways. COMMISSIONER HENNING: And I'm okay with that. I just wanted additional information; you answered a question. MR. OCHS: Yes, sir. CHAIRMAN NANCE: Would you like to add that, sir? COMMISSIONER HENNING: And he said yeah. COMMISSIONER HILLER: But I think we should move it to October, like switch the water resources and the median landscape and pathways to October. MR. OCHS: And then do complete streets in November? COMMISSIONER FIALA: The reason being? COMMISSIONER HILLER: No. Do complete streets with median landscaping in October and move water resources to November. MR. OCHS: Whatever the Board wants. Page 245 June 23, 2015 COMMISSIONER HILLER: I mean -- because, I mean, the whole landscape, complete streets, that's all part of, you know, how we're designing our streets, whether it's a -- CHAIRMAN NANCE: Well, depending on how aggressive you're asking for information, they might need the extra time to add a pretty good volume of information. They might need that extra month. COMMISSIONER HILLER: Who? MR. OCHS: Mr. Casalanguida -- COMMISSIONER HILLER: They're ready now. They're ready to -- DOT is ready to come and present to us now. They just needed a date. They don't need -- CHAIRMAN NANCE: Okay. Well, why don't you inquire with FDOT and fit the Chair -- fit the schedule to their ability. MR. CASALANGUIDA: Mr. Chairman, I think the switch will be fine, because I think we're going to talk water resources, and November might be better because we'll talk about stormwater utility and projects that we have coming back anyways. CHAIRMAN NANCE: Is the Board okay with that? Everybody's nodding that's okay? Okay. Let us do that. Okay. What else, Mr. Ochs? MR. OCHS: So in October we'll do median landscape and sidewalks and pathways and complete streets, and then in November we'll do water resources. Very good. The only other thing I had, Commissioners, was this follow-on to the earlier discussion on the improvements to 92A in Goodland. This was the letter that I had referenced earlier in the day that I had drafted for your review and approval before I send it out to the City Manager. It attempts to capture the agreement that we -- that we arrived at when we met a few weeks ago on this item. COMMISSIONER TAYLOR: Mr. Ochs, so you're going to establish a joint funding agreement? Page 246 June 23, 2015 MR. OCHS: That is the intent, Commissioner Taylor. COMMISSIONER TAYLOR: To complete the road? For the road to be completed. MR. OCHS: Yes. There's a section of the road that's owned by the City of Marco -- COMMISSIONER TAYLOR: Correct, correct. MR. OCHS: -- and a section by us. We would propose, as Nick said earlier, to have a single contract do the whole job at one time with one general contractor. And we would have an agreement for that project with the city. COMMISSIONER TAYLOR: So when do you expect to draw up that joint funding agreement? After the design? MR. OCHS: Well, as the letter says here, we need the design complete before we can finalize the agreement, obviously, and that's going to take, you know, 12 months from the execution of the design contract, which is anticipated to be sometime before the end of this year. So it will be, you know, a year from December before the full design is completed for that road. COMMISSIONER TAYLOR: And I'm -- COMMISSIONER FIALA: It's a year from this coming December before it's completed? MR. CASALANGUIDA: The design, yes, ma'am. COMMISSIONER FIALA: Design. So then we're -- next year's million dollars is coming up, and then the following year's million dollars is coming up before that time. Those are the only two left. And I wonder who -- where's the money going to come from to complete the design and into the construction phase if we're -- how come it's going to take a year and a half to do a design? MR. CASALANGUIDA: Ma'am, as you were at the meeting, I told the City Manager and their City Engineer I thought the design would take probably more than 12 months, but they told us as soon as Page 247 June 23, 2015 the budget was available October 1st that they would solicit and begin the design and be done in about a year. COMMISSIONER FIALA: And yet when you said you could do design and build and get the whole job done within three years, they said, we could get it done way before then, didn't they? MR. CASALANGUIDA: That's what they said. COMMISSIONER FIALA: Yes. And now it's going to take them a year and a half just to do the design. And then will the -- what will the design state? Will it be what this road is needed for people to get in and out of Goodland, and will it be a road that is compatible with our future needs as well, or is it going to be something that they can fund out of the remainder of the funds so it doesn't need to have much of anything? MR. CASALANGUIDA: Leo's asked me to work with our transportation folks to make sure we review the scope of services that will be put out for that design. And if it's not satisfactory, I'm sure we'll be having a discussion with this board. COMMISSIONER FIALA: So -- but we have to discuss then what we're going to do with our next payment, right? Now, you've said that the -- COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: -- one payment -- we've just approved one payment. That's a half a payment. The other half a payment is going to come when? COMMISSIONER HENNING: After the -- MR. OCHS: The second installment of the current fiscal year's payment would come after the county -- or the city council in Marco adds this item to their budget. COMMISSIONER FIALA: Okay. So, then, when is their next million dollars due? MR. OCHS: What's their draw under the contract, Nick? May? Page 248 June 23, 2015 MR. CASALANGUIDA: They send us a bill almost immediately after. COMMISSIONER FIALA: March? MR. CASALANGUIDA: Yeah. COMMISSIONER FIALA: In March, okay, fine. But then are we going to -- because they count on that million dollars, I understand that, but we count on them to do the road as well. And we understand they've had a lot of uses for the money, and we've given them their bless -- our blessing, but we have to make sure that this road gets done as well. So we should be discussing how the next two payments are going to come just to make sure that they understand and we understand what's expected of both government entities, don't you think, and what we expent the outcome to be -- expect the outcome to be. MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: All righty. CHAIRMAN NANCE: All right. Thank you, sir. MR. OCHS: Do I have endorsement to send this letter? COMMISSIONER FIALA: Yes. Oh, that's just one. CHAIRMAN NANCE: Do we have nods to send that letter as written? I'm not seeing anybody shaking their head "no" Mr. Ochs, so I'm saying that's a soft "yes." MR. OCHS: That's all I have, Mr. Chairman. CHAIRMAN NANCE: All right. Commissioner Henning? COMMISSIONER HENNING: Thank you. Bruce Anderson approached me. I guess he had an item of Comp Plan and rezone on the -- it was supposed to be on this agenda, but because of staffs error in advertising, it's not going to be until July. MR. OCHS: Correct. COMMISSIONER HENNING: He asked that to be a morning Page 249 June 23, 2015 hearing just in case there's any -- COMMISSIONER FIALA: Good with me. COMMISSIONER HENNING: -- you know, glitch, he has time to fix it and bring it back in the afternoon. COMMISSIONER FIALA: Good. COMMISSIONER HENNING: Okay. CHAIRMAN NANCE: Nods? COMMISSIONER HENNING: That's direction. CHAIRMAN NANCE: We'll make that a morning time-certain for that item, and we'll confirm that. I think he's said he's going to make that request to me also, so we'll make sure to forward it to you, Mr. Ochs and Commissioner Henning. COMMISSIONER HENNING: The second thing I want to tell you why I voted no on the consent -- well, and particularly F12, this amendment to the incubator agreement. I counted; it was 111-page backup. How in the heck can you go through 111 pages to find, in my opinion, you know, an amendment to an agreement? I'm not going to waste my time to go over that. The second reason I voted no, on the summary agenda we had a request to -- for a public right-of-way to be vacated. COMMISSIONER FIALA: Yes. COMMISSIONER HENNING: This is in Immokalee. This has been going on since October 14 on Oakes -- Alfie Oakes production out there. He employs 600 people. And you've seen the correspondence on, you know, some heated exchanges from attorneys and so on and so forth. I didn't pull it because I didn't want to delay it anymore. Now, Growth Management says, you know, we're going to give it a, you know, 30-, 60-, 90-day review or whatever, you know, and get it done quick on these permits. What happened? You got eight months. And you know why? They wanted to see if FDOT needed the Page 250 June 23, 2015 right-of-way. They never needed it. They didn't want it, okay. And the Board passed a resolution in 2016 (sic) on the policies and procedures for a vacation of right-of-way, and it's outlined. I want to just tell you that the petitioner needs to go out and get letters of no objection from people who use the right-of-way, like utility companies are an authorized use. And they give you examples; electric company, telephone company, Cablevision, Collier County Sheriffs, homeowners association, fire and rescue, and adjacent property owners. That's what they need to do. It has nothing to do with FDOT. It doesn't say anything; however, I understand, they've got a project there. They should approach and see if FDOT needs that 15th Street right-of-way. But what they brought back on the agenda is staff making policy and the County Attorney agreeing with it of exaction of property that's not within the easement request to vacate. They put together a deal on a piece of property Alfie Oakes owns that doesn't even connect to that right-of-way. You can't do that. The Constitution is clear. You can't make policy, period, okay. You need to follow the Board's resolution, all right? So that's my comment on that. CHAIRMAN NANCE: Anything else, sir? COMMISSIONER HENNING: That's it. CHAIRMAN NANCE: I'd like to respond to that, and I'd like to make an additional comment. Could you please put that picture up there, Mr. Ochs. This is a picture of the easement that was -- can you make that a little smaller. There we go. The building on the left is Mr. Oakes' building. The building on the right where the truck is loading is J&J Produce. The place that the truck is parked -- Page 251 June 23, 2015 COMMISSIONER HENNING: It's in the right-of-way. CHAIRMAN NANCE: -- is the right-of-way that we're talking about getting vacated. It is used as a loading dock on the left and on the right and has been for about 40 years. All of the right-of-way behind that has been vacated. This whole discussion was a --just a creation of a nightmare for these people. And the agribusiness community out there is suffering greatly from the market-driven losses this year, and Mr. Casalanguida and Mr. Ochs have both assured me that they're going to allow me to have a meeting with staff and talk about trying to do better with agribusiness out here, because Mr. Oakes is among the few that are trying to expand their presence in Collier County and investing money when many, many people are actually going to go out of business. And many large companies that you -- you might know who they are, are really cutting back their investment in agribusiness. Agribusiness between market-driven losses and citrus greening disease is in very great and desperate times in Collier County, and we need to go out of our way to find reasons to help them and say yes and not find reasons to say no. So thank you, Commissioner Henning, for bringing that up. This settlement that was approved today by the Board, I will tell you, honestly, is not what the petitioner wanted, but the petitioner did not want to belabor it any further. The petitioner is actually trying to add additional properties discretely to his holdings in this area. COMMISSIONER HENNING: He's trying to expand his business. CHAIRMAN NANCE: He's trying to expand his business, and he doesn't want to talk about it, but he can't do what he needs to do to go forward without talking about it, and it's costing him money and making -- we're making it a nightmare for this man. Page 252 June 23, 2015 COMMISSIONER HENNING: He wants to employ more people. CHAIRMAN NANCE: If he does what he wants to do, he's going to come back, and he's going to have to go into this agreement again and change it, because it's going to cause him a headache. I'll just tell you that right now. You can expect it. COMMISSIONER HENNING: And it takes a supermajority, but, however, we have the ability today, right now to reconsider it, vote, and take that agreement out because that is really a separate agreement with FDOT. It has -- CHAIRMAN NANCE: I know, sir, but I really don't want to do that today because he asked me not to. He just -- I talked to him personally. He said, please, can we end it. You know, I've got to get the arrows out of my back. So just -- he wanted it. It's passed, I -- it's too bad, but I just wanted to make that comment. COMMISSIONER HENNING: So you understand the dilemma? CHAIRMAN NANCE: I understand it completely. We just must have to do better for these people. It's in our best interest. COMMISSIONER HENNING: Well, we need to follow policy. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yep. I'm coming, sorry. CHAIRMAN NANCE: Thank you, Mr. Ochs. COMMISSIONER HILLER: Thanks. I want to go back to adding some concerns I have about H.O.M.E. and, Commissioner Henning, you know, thank you for bringing up the discussion in light of the letter that we received from HUD. The first concern I have, and I raised it this morning, is the statute of limitations. And I'm sure, County Attorney, you're going to look at the H.O.M.E. contract and look at when the statute of limitations expires on it. It seems to me that from reading that subrecipient agreement, that Page 253 June 23, 2015 there was a three-year term for the production of documents, which obviously has long expired. And it would seem to me there's a five-year statute of limitations on the contract, which has also expired. So I think that we need to look at -- while I understand it was the Board's direction that you consider taking whatever legal action is appropriate in light of HUD response, to carefully evaluate if we have any ability to sue if there were grounds to sue, which clearly does not exist at this point. I mean, at this point the county does not have an obligation and, as a result, we -- there's nothing that we can seek from H.O.M.E. In addition, we have to consider the fact that we have those mortgage assignments and what the value of those are, because if there's value to that, then when those properties sell, we are going to be recovering those HUD monies, and we will have to go to HUD, tell them that we've recovered those monies and ask them whether they want that money back or whether they will allow us to use those monies towards another affordable housing project. And so I was -- these were just thoughts I had that I wanted to share with you but also thoughts I wanted to share with you in front of the Board so the Board, you know, considers these factors as well as we're making future decisions. On the HUD side, I think we have to raise the same question about the statute of limitations, whether, you know, HUD has not taken any legal action, and we have a contract with them. And so the question on HUD's side is whether or not they have the ability to go forward with a demand for repayment from us. And let me restate that. I don't like to use the word "demand" because anyone can demand anything. That doesn't create an obligation. But if they do convert that demand into an order, whether they actually can do so, because it's possible that the statute of limitations has expired on HUD's side as well, and I think that needs to be looked Page 254 June 23, 2015 at. And I think those threshold questions about the statute of limitations both with respect to HUD -- and I don't know if there's something in our agreement with them that extends it beyond five years or if there's a CFR that applies. But I think the threshold questions with respect to the statute of limitations, especially with HUD as the first step, is the most important, because if they can't do anything, I mean, it's all over, and you don't even have to address the issue with H.O.M.E.; it's pretty much dead in the water. One of the concerns I had was, you know, I had seen very briefly that the Naples Daily News had reported that the Clerk asked our external auditors to audit H.O.M.E., and -- oh, I see. See ya. (Commissioner Henning left the boardroom for the remainder of the meeting.) COMMISSIONER HILLER: -- that had asked our external auditors to audit H.O.M.E., and that really isn't true. What happened was in 2011 the Clerk started auditing -- and he may have started earlier than that -- started auditing H.O.M.E., and he -- his staff issued, I believe it was, like, a management alert basically like almost like a primary audit finding. And then in 2011, he continued and actually conducted a full audit and issued an audit report which he brought back to the Board. And in that report he claimed that he didn't have the documents necessary and that H.O.M.E. had not given him the documents. And one of the concerns I have there is that, you know, he failed to take any action on that deficiency. He just basically said, I can't come to a conclusion, and he did nothing to, in his role as auditor, to go after H.O.M.E. civilly to recover those documents. And then in 2014, I believe, he engaged our external auditors to, in effect, do his internal audit work, which is a big problem because there's a clear conflict of interest for the external auditor to do internal Page 255 June 23, 2015 audit work and then to engage in the external audit of us, being the county, his -- you know, the external auditor's client. And the conclusions in their audit letter or review letter, or however you want to label that letter, was, again, based on not having all the information, so clearly could not be conclusive. And it raises a lot of questions. Crystal, you remember when you and I reviewed the H.O.M.E. audit? Do you remember when we went over all the documents? MS. KINZEL: Yes, ma'am. COMMISSIONER HILLER: Anyway, Crystal and I reviewed the documents subsequent to the release of that and came to different conclusions. But I just -- I raise these because I think that when you as the County Attorney and you as the County Manager are working with HUD, I think you need to really look at the totality of this because -- I know we gave you direction this morning, but I think, you know, unless there's -- there are facts that I don't know about based on the documents I've looked at, it's very possible that this isn't going anywhere either on HUD's side or on -- you know, from a litigation standpoint or on the H.O.M.E. side, but I don't know. I mean, I'm not quite sure about HUD, but H.O.M.E., pretty crystal clear. And if we do have to -- if there is a clawback from HUD, you know, maybe -- I don't know what we can do about those mortgages. I don't know if we can assign those mortgages to HUD since they clearly have value. It's just a thought. If it were to come to that and we could not defend against an order and we can't recover from H.O.M.E., you know, we still are holding those loans, you know, those receivables, which are clearly assets. So it's not a cash -- it wouldn't be a cash outlay. Yeah, and then the only other question I'll ask is on Cirrus Point. I know that HUD clawed back those monies, but did they do it within the statutory time frame, and was it done pursuant to a DOJ order? If Page 256 June 23, 2015 you could find that out for me, because I just am curious how they did that. MR. OCHS: I'll get that information for the Board. COMMISSIONER HILLER: Yeah. So I just raise those points for your consideration, for what it's worth. CHAIRMAN NANCE: Anything else? COMMISSIONER HILLER: I'm thinking. This was a very long, hard meeting, and I think you managed it beautifully, and I think the Board worked really well together on resolving very difficult issues, and I think it was very positive. CHAIRMAN NANCE: I think everybody worked well together. COMMISSIONER HILLER: Yeah. I really think that was -- it could have been a double-day session easily in light of the complexities of the issues we faced. CHAIRMAN NANCE: We're soldiering on. COMMISSIONER HILLER: Yeah, for sure. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I was going to also give you a hand at saying it was a long and stressful meeting. CHAIRMAN NANCE: That's why I don't have hair, ma'am. You notice it grows good -- it grows good going south, not so good going north. COMMISSIONER FIALA: And I tell you at times my stomach was tied in knots. CHAIRMAN NANCE: Here, have a mint. COMMISSIONER FIALA: No. I think it's time for a rum and Coke instead. CHAIRMAN NANCE: Oh, wow. COMMISSIONER HILLER: You know, Commissioner Fiala. COMMISSIONER FIALA: Two. Page 257 June 23, 2015 COMMISSIONER HILLER: Wait a second. They call those Cuba libres. COMMISSIONER FIALA: Oh, not mine. CHAIRMAN NANCE: That's a multicultural rum and Coke. COMMISSIONER HILLER: Okay. Well, anyway, the only reason I say that with, you know, the liberation of Cuba on the horizon, I mean, I think you're in vogue with your drink, is the point I was going to make, you know. COMMISSIONER FIALA: I think I am. COMMISSIONER HILLER: And also, because of all the military connection, you remember the military song, drinking rum and Coca-Cola, you know, working for the Yankee dollar. CHAIRMAN NANCE: All right. Commissioner Taylor, you're going to have the second to the last word, and Commissioner Fiala is already serving drinks. COMMISSIONER TAYLOR: Is that it? COMMISSIONER FIALA: I'm done. COMMISSIONER TAYLOR: Are you done? COMMISSIONER FIALA: This meeting, as far as I'm concerned, we've -- COMMISSIONER TAYLOR: It's been tough. COMMISSIONER FIALA: -- talked on and on too much. CHAIRMAN NANCE: Beat it to death. COMMISSIONER TAYLOR: Yeah. It's been a tough meeting, but thank you very much and, you know, I think it's clear that we tried to work these difficult, difficult discussions and changes out together, and that's -- CHAIRMAN NANCE: They are actually growing pains, I've come to that conclusion. They are. COMMISSIONER TAYLOR: Well, let me throw another growing pain at you. Page 258 June 23, 2015 COMMISSIONER FIALA: My rum and Coke is awaiting. CHAIRMAN NANCE: Okay. COMMISSIONER TAYLOR: I wondered if there were -- CHAIRMAN NANCE: Before you go, I need to get a nod from several -- COMMISSIONER FIALA: Oh, I'm not going. I was just talking. CHAIRMAN NANCE: Okay. Alright. Go ahead. COMMISSIONER TAYLOR: So I wonder if we could look at the zoning uses in C4, not C5, C4, and see if we -- and have staff do this with -- COMMISSIONER FIALA: You mean update them? COMMISSIONER TAYLOR: Yes, yeah. CHAIRMAN NANCE: I think -- I think it's coming all through this redevelopment struggle, ma'am. I think we need to examine some of these things, because it's coming. I can feel it. COMMISSIONER TAYLOR: Right. So that's what I'd like, because that's -- that's the straight zoning, and that's the zoning that is affecting our residents so much. And I would like to see if we can explore it, and you know, I'd hear from staff whether they think we should look at, you know, all the, you know -- for C4, C3, C5. C5 is probably the most intensive, I'm not sure, but I would bow to staff on that. COMMISSIONER FIALA: And let me just ask -- throw in, Commissioner Taylor, that I'd ask staff-- when this RaceTrac issue came up last year yet, I asked staff, especially Nick, to start looking at C4, I said -- because our C4 zoning is so outdated, it is not up to date with what's now being built in C4. And I don't know how far they are on that, but I'm glad that you're joining in on that. COMMISSIONER TAYLOR: Okay, good. I'm right with it. Page 259 June 23, 2015 MR. OCHS: Commissioners, we're embarking here at the staff level on a -- we've identified a need to convert our old SIC codes into NAICS codes, and I think that the discussion that Commissioner Taylor just raised, combined with that, would -- CHAIRMAN NANCE: Lead right into it. MR. OCHS: -- be a collaborative effort to lead us right into that review. COMMISSIONER TAYLOR: Sooner than later, right? MR. OCHS: We're working on it as we speak. COMMISSIONER TAYLOR: Okay, good. And then, you know, a warm and fuzzy item. Actually, I think we're getting ready to put the former commissioners' photographs back up, and I wanted to run this concept through you, by you, about it. It's very simple. We've divided these commissioners into periods based on the years that they served based on events, and those events -- maybe up to 10 would be listed beside these commissioners so that the public would understand who served but also would understand the event. COMMISSIONER HILLER: Like a chronology? COMMISSIONER TAYLOR: Yeah. Rather than do historic photographs, because we've got them on almost every floor, let's tell the public what these folks have done. And if that's your -- if that's okay with you -- CHAIRMAN NANCE: Sure. COMMISSIONER TAYLOR: -- then -- COMMISSIONER HILLER: You're going to group -- we're not going to put it back up like in a -- like it used to be, like, you know, the morgue, you know? It's not going to be just like picture, picture, picture. You're going to -- CHAIRMAN NANCE: You're going to feature -- how many are you going to feature, ma'am? Page 260 June 23, 2015 COMMISSIONER TAYLOR: Well -- COMMISSIONER HILLER: Well, you're going to put all of them up, but you're just going to group them? COMMISSIONER TAYLOR: Yeah, group them on the wall, so the first -- COMMISSIONER HILLER: Not in the same frames? COMMISSIONER TAYLOR: Well, I know you were concerned about that, and if you don't want the same frames, we won't do the same frames. COMMISSIONER HILLER: They're horrible. COMMISSIONER TAYLOR: But, you know, my thought was to make sure that they're -- the name and the dates they served are there and group them. For instance, there's a whole legion -- and I'm not sure, Lee will know how many, my executive coordinator -- that they served at large. There were no districts. Those folks are in a group. And the most fascinating things happened when they served. You know, that's the beginning of Collier County; that's the Tamiami Trail. I mean, that's everything that we take for granted today. It's very, very interesting when you get into it. COMMISSIONER HILLER: Why don't we, like, for example, if you, say, had six in a period, like you could put, like, six over here, six over here, and like, you know, maybe pictures of what Collier looked like at that period of time with little -- like, a little history. COMMISSIONER TAYLOR: But also to put the events that happened with the dates. CHAIRMAN NANCE: Well, if you make them come alive with events, you're going to get people interested. Before we just had a list. It was like, you know, going into the post office and seeing people up on the wall. COMMISSIONER HILLER: It was like the FBI's most wanted. CHAIRMAN NANCE: And, I mean, maybe some of them were Page 261 June 23, 2015 on the wall in the post office, I don't know. You can use your discretion as to -- COMMISSIONER TAYLOR: All right. But, I mean, that concept, are we okay with it? CHAIRMAN NANCE: I'm fine with it. COMMISSIONER FIALA: When peacocks were roasted and mullet were fried. COMMISSIONER TAYLOR: Yes, yes. COMMISSIONER FIALA: And, you know, all through that book, she has all these pages of history. I'm reading it now. COMMISSIONER HILLER: Why don't you try one and, like, let us take a look at one. COMMISSIONER TAYLOR: You mean, reframing it? COMMISSIONER HILLER: Yeah, one reframed set, you know, like one reframed -- COMMISSIONER TAYLOR: On this wall? COMMISSIONER HILLER: Like one reframed period, and let's look at it and see before we, like -- because there are so many of them. CHAIRMAN NANCE: I'm happy to defer to your skills and judgment, ma'am. COMMISSIONER FIALA: Me, too, because this wall looks barren now. COMMISSIONER TAYLOR: Well -- and then what I thought as commissioners -- because we'll bring it up to date with who's sitting here. And then, depending on how much room we have left, we may add, but then we could actually come inside our reception room with more current ones that have retired. So if that's okay. CHAIRMAN NANCE: Fine by me. COMMISSIONER FIALA: Sure. You've got the artistic talent. COMMISSIONER TAYLOR: All right. Good. Here we go. CHAIRMAN NANCE: What else? Anything? Page 262 June 23, 2015 COMMISSIONER TAYLOR: No, but I just want you to know that, you know, I'm on the Blue Zone Committee, and they have determined -- they brought in a planner, who was very articulate, I guess has worked with Mr. Hattaway before. They all seem to know each other. And they basically said Collier County has been built on sprawl, and it looks like that's the way it's going to go. So I will get you that report. COMMISSIONER FIALA: Collier County's been built on sprawl. COMMISSIONER TAYLOR: Sprawl. COMMISSIONER HILLER: No, we haven't sprawled. CHAIRMAN NANCE: I don't think they know what sprawl is, ma'am. COMMISSIONER HILLER: They don't know what sprawl is. COMMISSIONER TAYLOR: Well, they -- but I'll get you. CHAIRMAN NANCE: Ride straight across the state and stop when you get to the Atlantic and look around like this, and you'll see sprawl. COMMISSIONER TAYLOR: So the concern is that it -- basically is we -- that if that patterns continues, basically they're, I think, challenging the concept of maybe looking and changing a little bit the way we develop. So I thought it was kind of interesting, and I'll make sure everybody has that report. CHAIRMAN NANCE: Okay. Thank you. COMMISSIONER FIALA: We're pretty lucky -- CHAIRMAN NANCE: Thank you. I'm going to say one thing, because it needs to be done before everybody leaves me to my own devices. It's my understanding at our final meeting, our July 7th meeting, staff is going to bring forth a list of LDC amendments to consider working on for various and sundry reasons. So this is a list. And what Page 263 June 23, 2015 I would like to do is I would like to get the nods of my fellow commissioners to add one different LDC amendment to put on the list for consideration in the fall, and that is the effort to remove the conditional use for agri-tourism within the ag district. COMMISSIONER HILLER: What's that? CHAIRMAN NANCE: For some peculiar reason, agri-tourism is a conditional use within the ag district. COMMISSIONER FIALA: Who did that? COMMISSIONER TAYLOR: Why would they do that? CHAIRMAN NANCE: Well, ma'am, I don't know. I'm just telling you that's the way it is, and I've actually got several people in the agribusiness that would like to get into agri-tourism because they feel like it's going to promote their business and promote -- COMMISSIONER HILLER: What's agri-tourism? CHAIRMAN NANCE: Agri-tourism is just letting people see what it is that happens on farms and how food is produced and promoting fresh food, and I think it feeds right into the Blue Zone effort and everything else. COMMISSIONER TAYLOR: It's wonderful. COMMISSIONER FIALA: I think you're absolutely right. CHAIRMAN NANCE: So I would like the nods of commissioners to have staff add that particular LDC amendment on the list for consideration in the fall, if it's fine by you. COMMISSIONER FIALA: Good. COMMISSIONER TAYLOR: Yes. COMMISSIONER FIALA: Fine with me. CHAIRMAN NANCE: Thank you very much. COMMISSIONER FIALA: You've got four. CHAIRMAN NANCE: Other than that, I just want to thank you for soldiering on and, you know, keep -- COMMISSIONER HILLER: Can I just say one last thing? Page 264 June 23, 2015 CHAIRMAN NANCE: -- keeping a good attitude throughout the day. It was a tough day, but I think we did good work today. COMMISSIONER FIALA: Lift up your glasses. COMMISSIONER HILLER: You look like a pirate. CHAIRMAN NANCE: I look like a pirate? COMMISSIONER TAYLOR: Commissioner Fiala. COMMISSIONER HILLER: No, Commissioner Fiala does with that mug. I just wanted to quickly say I'm also involved with the Blue Zone, and we've formed a food council which is made up of public and private members, but it is a private group. And one of the things that I committed to do is to work on food policies that relate to Collier County Government, not standards that would apply to outside of government, like, for example, looking at the type of food that we sell at our food outlets to make sure we're selling, you know, the right kind of foods, not unhealthy foods. This is not about directing the private sector to eat or not eat fast food or anything like that, but looking at the standards of what we sell in our snack bars. COMMISSIONER FIALA: The county? COMMISSIONER HILLER: Yeah, our county. It's all government -- it's like campus related. CHAIRMAN NANCE: So what are we going to do when Commissioner Fiala wants her sea salt and hot sauce Doritos down there and she can't get them anymore; what happens then? COMMISSIONER HILLER: We send her to some other campus, but not ours. So we're going to develop a Blue Zone food campus so that when people visit our government property, that the choice of food that they're presented with will be healthy choices. CHAIRMAN NANCE: We're going to put them out of business, ma'am. COMMISSIONER HILLER: Quality, tasteful choices. Page 265 June 23, 2015 COMMISSIONER FIALA: We should also let them serve things that people want. COMMISSIONER HILLER: You know, believe it or not, I think -- I mean, we do want to serve what people want, and what I have found, very interestingly, is that people really do want to eat healthy. It's amazing to me when you go through Collier County, like, the vast majority of people really care about quality food. CHAIRMAN NANCE: I can tell you, it depends on if it's the beginning or the end of the meeting. We're adjourned. COMMISSIONER FIALA: Thank you. **** Commissioner Fiala moved, seconded by Commissioner Taylor and carried 4/1 (Commissioner Henning opposed) that the following Items under the Consent and Summary Agendas (Except Item #17E) be approved and/or adopted; Separate Motion for Item #17E made by Commissioner Hiller and seconded by Commissioner Fiala — Adopted 3/2 (Commissioner Henning and Commissioner Taylor opposed) **** Item #16A1 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CORDOBA AT LELY RESORT, PL20110001984 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT - ENGINEERING AND PUBLIC UTILITIES STAFF PERFORMED A FINAL INSPECTION SEPTEMBER 2, 2010 TO UNCOVER DEFECTS AND FOUND THAT THE FACILITIES WERE ACCEPTABLE Page 266 June 23, 2015 Item #16A2 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR LANTANA (FKA VITA TUSCANA), PL20130000108 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT - ENGINEERING AND PUBLIC UTILITIES STAFF PERFORMED A FINAL INSPECTION APRIL 13, 2015 TO UNCOVER DEFECTS AND FOUND THAT THE FACILITIES WERE ACCEPTABLE Item #16A3 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TURNBURY PRESERVE, PL20130002084, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT - ENGINEERING AND PUBLIC UTILITIES STAFF PERFORMED A FINAL INSPECTION MARCH 10, 2015 TO UNCOVER DEFECTS AND FOUND THAT THE FACILITIES WERE ACCEPTABLE Item #16A4 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR AQUA PELICAN ISLE YACHT CLUB, Page 267 June 23, 2015 PL20110002089, 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 $50,207.15 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT - ENGINEERING AND PUBLIC UTILITIES STAFF PERFORMED A FINAL INSPECTION JULY 30, 2014 TO UNCOVER DEFECTS AND FOUND THAT THE FACILITIES WERE ACCEPTABLE Item #16A5 A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (AGREEMENT) BETWEEN COLLIER COUNTY AND THE LAMORADA AT NAPLES MASTER ASSOCIATION, INC. FOR A LANDSCAPE IMPROVEMENTS WITHIN THE WOODCREST DRIVE RIGHT-OF-WAY — INSURING THAT THE MASTER ASSOCIATION WILL MAINTAIN THE SOD AND IRRIGATION Item #16A6 A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (AGREEMENT) BETWEEN COLLIER COUNTY AND THE BENT CREEK PRESERVE HOMEOWNERS ASSOCIATION, INC. FOR A LANDSCAPE IMPROVEMENTS WITHIN THE WOODCREST DRIVE RIGHT-OF-WAY — INSURING THAT THE HOA WILL MAINTAIN THE SOD AND IRRIGATION Item #16A7 Page 268 June 23, 2015 AN AMENDMENT TO THE DEVELOPER AGREEMENT (DA) BETWEEN CITYGATE DEVELOPMENT, LLC, 850 NWN LLC, AND CG II, LLC (DEVELOPER) AND COLLIER COUNTY (COUNTY) TO DESIGN, PERMIT AND CONSTRUCT A PORTION OF CITY GATE BOULEVARD NORTH TO PRESERVE THE FUTURE WILSON/BENFIELD TRANSPORTATION CORRIDOR — PROVIDING ACCESS TO THE RESOURCE RECOVERY PARK Item #16A8 A PROPOSAL FROM CB&I COASTAL PLANNING & ENGINEERING DATED JUNE 9, 2015 FOR COLLIER COUNTY 2015 HARDBOTTOM BIOLOGICAL MONITORING, APPROVE A WORK ORDER UNDER CONTRACT NO. 15-6382 FOR A NOT TO EXCEED AMOUNT OF $163,112.20, AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER, NECESSARY BUDGET AMENDMENT AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NO. 90033) — TO DETERMINE THE POTENTIAL IMPACTS RESULTING FROM 2013/2014 BEACH NOURISHMENT PROJECT Item #16A9 RELEASE OF (3) CODE ENFORCEMENT LIENS WITH A COMBINED ACCRUED VALUE OF $17,718.57 FOR PAYMENT OF $4,768.57, IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. SIDNEY JOHN HUBSCHMAN, CODE ENFORCEMENT BOARD Page 269 June 23, 2015 CASE NO. CEPM20130019061 AND CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NOS. CENA20130019057 AND CENA20140016288, RELATING TO PROPERTY LOCATED AT 2600 COACH HOUSE LANE, COLLIER COUNTY, FLORIDA CASE CENA20130019057 WAS BROUGHT INTO COMPLIANCE ON MARCH 26, 2014, CASE CEPM20130019061 WAS BROUGHT INTO COMPLIANCE ON MAY 13, 2014 AND CASE CENA20140016288 WAS BROUGHT INTO COMPLIANCE ON FEBRUARY 17, 2015 Item #16A10 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $347,269.89 FOR PAYMENT OF $2,500, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. FABIAN AND MARIA LUZARDO, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. 2005010315, RELATING TO PROPERTY LOCATED AT 1195 47TH AVENUE NE, COLLIER COUNTY, FLORIDA — VIOLATION FOR THE CONSTRUCTION OF A HOME ON THE PROPERTY WITHOUT THE PROPER PERMITS AND BROUGHT INTO COMPLIANCE ON FEBRUARY 27, 2015 Item #16A1 1 CATEGORY "A" TOURIST DEVELOPMENT COUNCIL GRANT APPLICATIONS FROM THE CITY OF NAPLES, THE CITY OF MARCO ISLAND AND COLLIER COUNTY FOR FY-2015-2016 IN THE AMOUNT OF $7,145,522; AUTHORIZE THE CHAIRMAN TO SIGN GRANT AGREEMENTS FOLLOWING COUNTY ATTORNEY'S APPROVAL; APPROVE THE 10-YEAR Page 270 June 23, 2015 CAPITAL PLANNING DOCUMENT FOR FUND 195-BEACH RENOURISHMENT AND PASS MAINTENANCE; AND MAKE A FINDING THAT THESE EXPENDITURES WILL PROMOTE TOURISM — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16Al2 AFTER-THE-FACT APPROVAL FOR THE 2015 TIGER VII DISCRETIONARY GRANT APPLICATION, SPONSORED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR THE COLLIER BOULEVARD CORRIDOR IMPROVEMENTS PROJECT, IN THE AMOUNT OF $33,400,000 — IMPROVEMENTS FROM GREEN BOULEVARD TO I-75 Item #16A13 AFTER-THE-FACT APPROVAL FOR THE 2015 TIGER VII DISCRETIONARY GRANT APPLICATION, SPONSORED BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR THE COLLIER COMMUNITY STREETS AND INFRASTRUCTURE PROJECT ALONG VANDERBILT DRIVE, $16,145,000 — FROM BONITA BEACH ROAD TO VANDERBILT BEACH ROAD Item #16A14 MAINTENANCE OF FIVE PUBLICLY DEDICATED ALLEYWAYS LOCATED WITHIN THE GATEWAY TRIANGLE. ESTIMATED COST $1,000 — FOR THE DAVIS ALLEY, KIRKWOOD ALLEY, COMMERCIAL ALLEY, Page 271 June 23, 2015 LINWOOD ALLEY NORTH AND LINDWOOD ALLEY SOUTH WITHIN THE NAPLES COMMERCIAL CENTER Item #16A15 RECORDING THE MINOR FINAL PLAT OF MAPLE RIDGE PHASE 3 REPLAT, APPLICATION NUMBER PL20150000534 Item #16A16 — Moved to Item #9C (Per Agenda Change Sheet) Item #16A17 THE COLLIER METROPOLITAN PLANNING ORGANIZATION'S (MPO) OPERATING BUDGET FOR FY15/16 TO RECOGNIZE THE GRANT REVENUE OF $499,791 — FOR NEW FEDERAL FUNDING TO CONDUCT TRANSPORTATION PLANNING ACTIVITIES Item #16A18 FY15/16 TRANSPORTATION DISADVANTAGE PLANNING GRANT FUNDING IN THE AMOUNT OF $25,941 TO THE COLLIER METROPOLITAN PLANNING ORGANIZATION FROM THE COMMISSION FOR THE TRANSPORTATION DISADVANTAGED AND THE NECESSARY BUDGET AMENDMENT — FOR SPECIFIC PLANNING TASK WITH FUNDING BEGINING JULY 1, 2015 Item #16A19 Page 272 June 23, 2015 WAIVING FORMAL COMPETITION AND APPROVE "CARTEGRAPH" FOR THE WORK MANAGEMENT SYSTEM SOFTWARE LICENSES AND ANNUAL MAINTENANCE FOR THE GROWTH MANAGEMENT DEPARTMENT — CONTINUING THE USE OF THE EXISTING MANAGEMENT SYSTEM Item #16A20 THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FY 15/16 WORK ORDER WHEREBY FDOT PROVIDES COMPENSATION TO COLLIER COUNTY FOR PROVIDING MAINTENANCE OF FDOT OWNED ROADWAY LIGHTING SYSTEMS UNDER THE STATE HIGHWAY LIGHTING MAINTENANCE, AND COMPENSATION AGREEMENT — FDOT PROVIDES 90% COMPENSATION FOR MAINTAINING 1,280 LIGHTS AT A PER LIGHT COMPENSATION RATE OF $258.86 PER LIGHT, TOTALING $298,206.72 Item #16A21 — Language Added (Per Agenda Change Sheet) REVIEW OF THE APRIL 2015 BEACH SURVEY RESULTS AND ENDORSE A STAFF RECOMMENDATION TO NOT RENOURISH THE VANDERBILT, PELICAN BAY, PARK SHORE OR NAPLES BEACHES IN THE FALL (NOVEMBER) OF 2015 Item #16A22 RESOLUTION 2015-124: SUPPORTING THE COUNTY'S APPLICATIONS TO FLORIDA DEPARTMENT OF Page 273 June 23, 2015 ENVIRONMENTAL PROTECTION FOR LONG RANGE BUDGET PLAN REQUESTS FOR BEACH RENOURISHMENT PROJECTS FOR FISCAL YEAR 2016/2017. THIS ACTION MAINTAINS THE COUNTY'S ELIGIBILITY FOR STATE COST SHARE FUNDING FOR FUTURE RENOURISHMENT PROJECTS Item #16A23 RESOLUTION 2015-125: THE CONDEMNATION OF THOSE PERPETUAL AND TEMPORARY EASEMENT INTERESTS NECESSARY FOR THE CONSTRUCTION OF A REPLACEMENT BRIDGE ON WHITE BOULEVARD OVER THE CYPRESS CANAL. (TRANSPORTATION BRIDGE REPLACEMENT PROGRAM PROJECT NO. 66066.) ESTIMATED FISCAL IMPACT: $570,000 — EFFECTING PARCEL NOS. 115, 117, 118, 119, 120, 121 AND 122 Item #16A24 (1) APPROVE THE REMOVAL OF A PATHWAY COMMITMENT AND (2) ACCEPT A PAYMENT IN LIEU FOR CERTAIN TRANSPORTATION COMMITMENTS WITH RESPECT TO THE ARROWHEAD PRESERVE PUD ORDINANCE NO. 2002-40, AS AMENDED — DUE TO THE DEVELOPMENT BEING SOLD TO MULTIPLE PURCHASERS AT A FORECLOSURE AUCTION Item #16A25 — Correction to Agreement (Per Agenda Change Sheet) Page 274 June 23, 2015 AMENDMENT TO THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) STAFF SERVICES AGREEMENT — APPROVED BY THE MPO AT ITS JUNE 12, 2015 MEETING Item #16C1 ADVERTISING AN ORDINANCE AMENDING ORDINANCE NO. 2005-54, WHICH RE-ESTABLISHED TWO MUNICIPAL BENEFIT UNITS, KNOWN AS SERVICE DISTRICT NO. 1 AND SERVICE DISTRICT NO. 2, FOR THE PURPOSE OF PROVIDING AND REGULATING SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION, TO PROVIDE ALIGNMENT WITH THE FRANCHISE AGREEMENTS AS AMENDED, NEW PROCEDURES, CLARIFICATIONS, AND ADMINISTRATIVE CHANGES — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C2 AWARD BID #15-6461 TO PANTROPIC POWER, INC., IN THE AMOUNT OF $357,569 TO PROVIDE AND INSTALL A REBUILT DIESEL GENERATOR ENGINE AT THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT — A REPLACEMENT IS NEEDED AFTER A LIGHTNING EVENT CAUSED THE GENERATOR'S #2 ENGINE TO OVERHEAT AND MALFUNCTION Item #16D1 Page 275 June 23, 2015 THE THIRD SUBSTANTIAL AMENDMENT TO THE NSP 1 ACTION PLAN TO ADD THE RESALE PROVISION AND FUNDING DISTRIBUTION LANGUAGE AND THE FOURTH AMENDMENT TO THE NSP 3 ACTION PLAN REMOVING THE RECAPTURE PROVISION AND ADDING RESALE REQUIREMENTS — REVISIONS ARE NECESSARY AS CLOSEOUT OF THE GRANTS APPROACH Item #16D2 A WORK ORDER TO AECOM TECHNICAL SERVICES, INC., USING THE ANNUAL CONTRACT FOR PROFESSIONAL SERVICES FOR ENGINEERS AND ARCHITECTS CONTRACT #13-6164, FOR THE CLAM PASS PARK CONCESSION ELECTRICAL SERVICE UPGRADE, APPROVE BUDGET AMENDMENT AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — UPGRADES NEEDED FOR SAFETY PURPOSES Item #16D3 TIME EXTENSION TO CONTRACT NUMBER AQQ85, JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION UNDER THE STATE TRANSIT SERVICE DEVELOPMENT PROGRAM, TO PROVIDE FUNDING TO MAKE NECESSARY IMPROVEMENTS TO BUS STOPS IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT — EXTENDED UNTIL DECEMBER 31, 2016 Item #16D4 Page 276 June 23, 2015 THE FY 2016-2025 COLLIER COUNTY TRANSIT DEVELOPMENT PLAN TEN-YEAR MAJOR UPDATE — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D5 — Moved to Item #11H (Per Agenda Change Sheet) Item #16D6 A SUBSTANTIAL AMENDMENT TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT FY2014-2015 ANNUAL ACTION PLAN AND APPROVE AMENDMENT NO. 2 WITH THE DAVID LAWRENCE MENTAL HEALTH CENTER TO REDUCE AGREEMENT ALLOCATION AND BENEFICIARIES AND UPDATE LANGUAGE Item #16D7 AN EXTENSION TO EXPENDITURE DEADLINE ON FISCAL YEAR 2011/2012 SHIP FUNDING GRANTED FROM THE FLORIDA HOUSING FINANCE CORPORATION FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM — EXTENSION GRANTED UNTIL JUNE 30, 2015 Item #16D8 RECOGNIZING INTEREST EARNINGS ON ADVANCED LIBRARY FUNDING RECEIVED FROM THE FLORIDA DEPARTMENT OF STATE IN ORDER TO SUPPORT LIBRARY SERVICES AND EQUIPMENT FOR THE USE OF COLLIER COUNTY RESIDENTS IN THE AMOUNT OF $629.54 AND Page 277 June 23, 2015 APPROVE THE NECESSARY BUDGET AMENDMENTS — FUNDS WILL SUPPORT LIBRARY OPERATIONS AND CAPITAL IMPROVEMENTS Item #16D9 REQUIRING THE ROCK ROAD MUNICIPAL SERVICE TAXING UNIT (MSTU) TO CONTINUE TO MAINTAIN A ONE MILE SEGMENT OF ROCK ROAD AFTER BEING PAVED AND CONTINUING THROUGH AND UNTIL THE COUNTY FINANCED LOAN OF $285,000 IS SATISFIED BY THE MSTU Item #16D10 AMENDMENT NO. 3 TO THE AGREEMENT WITH THE DEPARTMENT OF CHILDREN AND FAMILIES FOR THE CRIMINAL JUSTICE MENTAL HEALTH SUBSTANCE ABUSE GRANT, AMENDMENTS TO THE TWO CORRESPONDING SUBAGREEMENTS WITH THE DAVID LAWRENCE CENTER AND THE COLLIER COUNTY SHERIFF'S OFFICE, ACCEPT THE TERMINATION OF THE ASSOCIATED NAMI OF COLLIER COUNTY AGREEMENT; AND APPROVE THE AMENDED GRANT BUDGET AND APPLICATION — GRANT AGREEMENT #LHZ46 Item #16D11 RESOLUTION 2015-126: SUPERCEDING RESOLUTION NO. 2014-141, WHICH ESTABLISHED THE COLLIER AREA TRANSIT (CAT) ADVERTISING POLICY, STANDARDS AND RATE SCHEDULE AND APPROVE AN ADVERTISING Page 278 June 23, 2015 AGREEMENT, TERMS AND CONDITIONS AND PACKAGE RATES — TO UTILIZE ALTERNATIVE REVENUE FOR CAT Item #16D12 THE PARKS AND RECREATION DIVISION AND THE OPERATIONS AND VETERAN'S SERVICES DIVISION TO ESTABLISH A PROGRAM IN SUPPORT OF THE "WARRIOR HEALTH AND FITNESS CHALLENGE." — PROVIDING HEALTH AND FITNESS SERVICES FOR DISABLED POST-9/11 VETERANS LIVING IN COLLIER COUNTY Item #16D13 CONSERVATION COLLIER 2014 ANNUAL REPORT — UPDATING CURRENT AND PAST ACTIVITIES Item #16D14 FIVE-YEAR UPDATE OF THE FINAL MANAGEMENT PLAN FOR THE CONSERVATION COLLIER ALLIGATOR FLAG PRESERVE — LOCATED AT 7875 IMOKALEE ROAD, TWO MILES EAST OF I-75 Item #16D15 — Moved to Item #11G (Per Agenda Change Sheet) Item #16D16 RESOLUTION 2015-127: THE EXPENDITURE OF FUNDS AND OTHER INCENTIVE ACTIVITIES AND INCENTIVE PRIZES ASSOCIATED WITH STAFF AND AUTHORIZING THE Page 279 June 23, 2015 WAIVER OF ENTRANCE FEE TO SUN-N -FUN TO ALL PARTICIPANTS OF THE 2015 UNITED WAY WALK — COST NOT TO EXCEED $2,000 Item #16E1 THE ASSUMPTION AGREEMENT FROM THE ORIGINAL PARTY VISION INTERNET PROVIDERS, INC., TO VISION TECHNOLOGY SOLUTIONS, LLC D/B/A VISION INTERNET PROVIDERS AS IT RELATES TO CONTRACT #14-6249 "COLLIER COUNTY WEBSITE AND E-PROCUREMENT BIDDING SYSTEM HOSTING AND MAINTENANCE." — THE COUNTY WAS NOTIFIED ON SEPTEMBER 2, 2014 OF VISION TECHNOLOGY SOLUTIONS, LLC AQUIRING VISION INTERNET PROVIDERS, INC. Item #16E2 AWARD INVITATION TO BID (ITB) #15-6375R - AMBULANCE PHARMACEUTICAL REFRIGERATORS TO MERMAID MANUFACTURING OF SOUTHWEST FLORIDA, INC — PROVIDING TEMPERATURE CONTROLLED STORAGE FOR MEDICATIONS Item #16E3 REVENUE FOR SPECIAL SERVICES TO THE FACILITIES MANAGEMENT DIVISION COST CENTER AND APPROVE ANY NECESSARY FISCAL YEAR 2014-2015 BUDGET AMENDMENTS — PROVIDING SERVICES FOR BUILDING MAINTENANCE BY VARIOUS DEPARTMENTS Page 280 June 23, 2015 Item #16E4 A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE REVENUE FUNDS IN AN AMOUNT UP TO $8,200 FOR REPAIRS TO RESCUE BOAT 80 — FOR THE CONTINUATION OF WATER RESCUE IN THE ISLES OF CAPRI FIRE DISTRICT Item #16E5 — Language Added (Per Agenda Change Sheet) WAIVING COMPETITION FOR WESCO TURF AS A SOLE SOURCE VENDOR TO EXCEED $50,000 SPENDING LIMIT FOR FLEET MANAGEMENT PARTS/SERVICE - MAINTAINING COMMERCIAL AND SPECIALIZED TORO BRAND EQUIPMENT USED FOR GROUNDS KEEPING AND LANDSCAPING WORK Item #16E6 A THIRD AMENDMENT TO LEASE AGREEMENT WITH GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC. FOR CONTINUED USE OF THE ROBERTS CENTER FOR THE SENIORS NUTRITION PROGRAM — LOCATED AT 907 ROBERTS AVENUE IN IMMOKALEE Item #16E7 STATE-FUNDED SUBGRANT AGREEMENT #1 6-BG-83-09-21- 01-011 ACCEPTING A GRANT AWARD TOTALING $105,806 FROM THE FLORIDA DIVISION OF EMERGENCY Page 281 June 23, 2015 MANAGEMENT FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT AND APPROVE THE ASSOCIATED BUDGET AMENDMENT — $75,806 IS ALLOCATED FOR GENERAL OPERATING EXPENSES INCLUDING THE PURCHASE OF OFFICE SUPPLIES, CONDUCTING DISASTER EXECERISES AND DAY TO DAY OPERATIONS AND $30,000 IS ALLOCATED FOR COMMUNICATION AND DATA PROCESSING EQUIPMENT, SHELTER SUPPLIES AND MINOR OFFICE EQUIPMENT Item #16E8 A FEDERALLY FUNDED SUBGRANT AGREEMENT TO ACCEPT THE ANNUAL EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG), IN THE AMOUNT OF $103,468 FOR EMERGENCY MANAGEMENT PLANNING, RESPONSE, AND MITIGATION EFFORTS AND TO AUTHORIZE THE NECESSARY BUDGET AMENDMENT — ACCEPTANCE OF THESE FEDERAL FUNDS REQUIRE A DOLLAR FOR DOLLAR NON-FEDERAL FUNDING MATCH Item #16E9 A LICENSING AGREEMENT WITH DEANGELIS DIAMOND, LLC, TO ALLOW THE USE OF COUNTY-OWNED REAL PROPERTY ON A SHORT-TERM BASIS FOR CONSTRUCTION VEHICLE PARKING — DURING THE CONSTRUCTION OF A MEDICAL FACILITY WITHIN THE HERITAGE BAY PUD Item #16F1 Page 282 June 23, 2015 THE APPOINTMENT OF MR. DAVID WILKISON TO THE POSITION OF GROWTH MANAGEMENT DEPARTMENT HEAD — EMPLOYMENT BEGINNING ON JULY 6, 2015 Item #16F2 A TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT WITH PARKLANDS ASSOCIATES I, LLLP, AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY TO ALLOW PARKLANDS ASSOCIATES I, LLLP TO CONVEY A 15-ACRE PARCEL WITHIN THE PARKLANDS RPUD FOR USE AS AN ELEMENTARY SCHOOL SITE IN EXCHANGE FOR EDUCATIONAL IMPACT FEE CREDITS IN THE SUM OF $2,050,000, WHICH EXCHANGE IS IN ACCORDANCE WITH THE DEVELOPER COMMITMENTS SET FORTH IN THE RPUD DOCUMENT, AND WHICH SUM REPRESENTS THE APPRAISED FAIR MARKET VALUE OF THE PARCEL — LOCATED NORTH OF IMMOKALEE ROAD AND SOUTH OF BONITA BEACH ROAD ON THE PROPOSED LOGAN BOULEVARD EXTENSION Item #16F3 RESOLUTION 2015-128: THE SIXTH ANNUAL REPORT ON THE "IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT" AND A RESOLUTION EXTENDING THE PROGRAM TO JULY 1, 2016, BASED ON THE CONTINUING INTEREST IN THE PROGRAM Item #16F4 Page 283 June 23, 2015 AWARD RFP #15-6397 FOR ENVIRONMENTAL & BIOLOGICAL STUDIES TO TURRELL, HALL & ASSOCIATES, INC., EARTH TECH ENVIRONMENTAL, LLC, KEVIN ERWIN CONSULTING ECOLOGIST, INC., PASSARELLA & ASSOCIATES, INC., AND CB&I ENVIRONMENTAL & INFRASTRUCTURE, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE COUNTY ATTORNEY APPROVED CONTRACTS — FOR FUTURE MANAGEMENT ACTIVITIES WITHIN THE CLAM BAY NATURAL RESOURCE PROTECTION AREA Item #16F5 AWARD RFQ #15-6434 WEB BASED DESTINATION MANAGEMENT SYSTEM FOR A DATABASE SOFTWARE SYSTEM TO INTERNET DESTINATION SALES SYSTEM GLOBAL, LLC (IDSS) AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE COUNTY ATTORNEY APPROVED CONTRACT AND MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM — MONTHLY SUBSCRIPTION COST IS $500 OR $6,000 PER YEAR Item #16F6 — Moved to Item #11I with added documentation (Per Agenda Change Sheet) Item #16F7 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY — BUDGET AMENDMENT #15-441 TO HIRE AN ELECTRICAL Page 284 June 23, 2015 ENGINEER TO REVIEW THE CIP PLANS TO REPLACE STREET LIGHTS Item #16F8 RESOLUTION 2015-129: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Item #16F9 TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDING TO SUPPORT UPCOMING FY 15 SPORTS EVENTS UP TO $47,200 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM — FOR THE FOLLOWING UPCOMING EVENTS: AAU ATHLETICS REGIONAL QUALIFIER (6/25-6/28) AT GOLDEN GATE HIGH SCHOOL, THE SERIES BASEBALL TOURNAMENT (JULY AND AUGUST) AT NORTH COLLIER REGIONAL PARK, LITTLE MO REGIONAL TENNIS TOURNAMENT (7/22-7/26) AT NAPLES GRANDE BEACH RESORT, BLUE CHIP SOFTBALL TOURNAMENT (7/22-7/26) AT NORTH COLLIER REGIONAL PARK, NAPLES CUP SOCCER TOURNAMENT (9/18-9/20) AT NORTH COLLIER REGIONAL PARK AND EWGA SOUTHERN CUP QUALIFIER (9/19-9/20) AT TIBURON GOLF CLUB Item #16F10 TOURISM DIVISION'S ACCEPTANCE OF GRANT REIMBURSEMENT FUNDS FROM VISIT FLORIDA FOR Page 285 June 23, 2015 MEDICAL MEETINGS MARKETING IN THE TOTAL AMOUNT OF $28,476 AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM Item #16F11 A SECOND AMENDMENT TO THE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR FUNDING ASSISTANCE FOR THE COUNTY'S SOFT LANDING BUSINESS ACCELERATOR PROJECT TO EXTEND THE DUE DATES OF THE REMAINING DELIVERABLES FOR A PERIOD OF ONE YEAR — THE AMENDMENT IS CONTINGENT UPON A PROPOSED EXTENSION OF THE GRANT APPROPRIATION BY THE LEGISLATURE AND THE APPROPRIATION'S APPROVAL BY THE GOVERNOR Item #16F12 — Moved to Item #11J (Per Agenda Change Sheet) Item #16H1 RESOLUTION 2015-130: RE-APPOINTING MAURICE GUTIERREZ (MSTU REPRESENTATIVE) AND MICHAEL SHERMAN (AT LARGE MEMBER) WITH TERMS EXPIRING ON MAY 22, 2018 TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD Item #16H2 RESOLUTION 2015-131 : APPOINTING JEREMY STERK WITH TERM EXPIRING ON DECEMBER 14, 2016 TO THE Page 286 June 23, 2015 DEVELOPMENT SERVICES ADVISORY COMMITTEE Item #16J1 AFTER THE FACT APPROVAL FOR THE SHERIFF'S OFFICE FY 2016-2019 COPS HIRING PROGRAM GRANT — TO HIRE ENTRY-LEVEL LAW ENFORCEMENT OFFICERS OR REHIRE DEPUTIES LAID OFF AS A RESULT OF BUDGET CUTS Item #16J2 AFTER THE FACT APPROVAL FOR THE SHERIFF'S OFFICE FY 2016 COPS ANTI-GANG INITIATIVE (CAGI) PROGRAM GRANT — FOR OVER-TIME AND EQUIPMENT FOR THE MEMBERS OF THE ANTI-GANG UNIT Item #16J3 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND DISBURSEMENTS FOR THE PERIOD OF JUNE 4 THROUGH JUNE 10, 2015 Item #16J4 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND DISBURSEMENTS FOR THE PERIOD OF JUNE 11 THROUGH JUNE 17, 2015 Item #16K1 Page 287 June 23, 2015 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $15,000 IN FULL SETTLEMENT OF ALL CLAIMS FOR COMPENSATION, DAMAGES, ATTORNEY FEES AND EXPERT WITNESS COSTS FOR THE TAKING OF PARCEL 250DAME FOR THE CONSTRUCTION OF THE SANDY LANE SEGMENT OF THE LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP), PROJECT NO. 51101 . FISCAL IMPACT: $9,414 — LOCATED OFF OF POLLY AVENUE Item #16K2 A MEDIATED SETTLEMENT AGREEMENT AND STIPULATED FINAL JUDGMENT TO BE DRAFTED WITH THE SAME TERMS AND CONDITIONS, IN THE TOTAL AMOUNT OF $684,815 FOR THE ACQUISITION OF PARCEL 101 IN THE LAWSUIT STYLED COLLIER COUNTY V. NAPLES ESTATES LIMITED PARTNERSHIP, ET AL., CASE NO. 06-CA-1213 AND APPROVE THE HIRING OF HOLE MONTES, INC. TO SEEK APPROVAL OF A POST TAKE CURE PLAN. (COUNTY BARN ROAD PROJECT NO. 60101.) ESTIMATED FISCAL IMPACT: $403,515 — FOLIO #00426920007 Item #17A ORDINANCE 2015-35: AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF Page 288 June 23, 2015 THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL ZONING DISTRICT (A), AND A RURAL AGRICULTURAL ZONING DISTRICT WITH AN ST OVERLAY (A-ST), TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 61 DWELLING UNITS FOR A PROJECT TO BE KNOWN AS THE LIDO ISLES RPUD ON PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD AT 9130 AND 9198 COLLIER BOULEVARD IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 24.32+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE [PUDZ-PL201400003 93] Item #17B ORDINANCE 2015-36: ADOPTING THE FLORIDA BUILDING CODE FIFTH EDITION (2014) TO BECOME EFFECTIVE ON JUNE 30, 2015, AND INCORPORATE EXISTING LOCAL AMENDMENTS, EXEMPTIONS AND THE CURRENT COUNTY WIND MAPS, AND PROVIDING FOR REPEAL OF ORDINANCE NO. 2012-14 IN ITS ENTIRETY Item #17C RESOLUTION 2015-132: PETITION VAC-PL20140001887 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF 15TH STREET AS SHOWN ON THE PLAT OF EASTOVER, PLAT BOOK 1 PAGE 97, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, Page 289 June 23, 2015 RANGE 29 EAST, IMMOKALEE, COLLIER COUNTY, FLORIDA Item #17D THIS ITEM HAS BEEN CONTINUED TO THE JULY 7, 2015 BCC MEETING. RECOMMENDATION TO EXECUTE THE PROPOSED MEDIATED SETTLEMENT AGREEMENT AND INTEGRATION AGREEMENT, WHICH INTEGRATES THE ORANGE TREE UTILITY COMPANY WATER AND WASTEWATER SYSTEMS INTO THE COLLIER COUNTY WATER-SEWER DISTRICT, TO PROVIDE WATER AND WASTEWATER UTILITIES TO ORANGE TREE UTILITY CUSTOMERS PURSUANT TO THE MAY 28, 1991 AGREEMENT, AS AMENDED, BETWEEN ORANGE TREE UTILITY COMPANY, ORANGETREE ASSOCIATES AND THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY; ACCEPT THE STAFF REPORT DATED JUNE 23, 2015 PURSUANT TO SECTION 124.3401, FLORIDA STATUTES; APPROVE EXISTING ORANGE TREE UTILITY CONTRACTS AND AGREEMENTS WITH VENDORS AND SUPPLIERS AS THOSE OF COLLIER COUNTY; APPROVE 9 FULL TIME EQUIVALENT POSITIONS; APPROVE A RESOLUTION CHANGING THE DISTRICT BOUNDARIES; AND APPROVE INCLUSION OF THE PROPOSED BUDGET IN THE FY16 COLLIER COUNTY WATER-SEWER DISTRICT BUDGET Item #17E — Moved to Item #9D (Per Agenda Change Sheet); Remained on the Summary Agenda and voted on separately Page 290 June 23, 2015 ORDINANCE 2015-37: AN AMENDMENT TO THE COLLIER COUNTY PURCHASING ORDINANCE (ORDINANCE NUMBER 2013-69) - ADOPTED There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:00 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL eAkce..- TIM NANCE, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK Attest as to Chairman's signature only These minutes approvd by the Board on q l /1s--- as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 291