Loading...
BCC Minutes 07/07/2015 R BCC REGULAR MEETING MINUTES July 7, 2015 July 7, 2015 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida July 7, 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 Tom Henning Georgia Hiller Penny Taylor ALSO PRESENT: Leo E. Ochs, Jr., County Manager Nick Casalanguida, Deputy County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Office of the Clerk of Courts Troy Miller, Communications & Customer Relations Cherie' Nottingham, CPR, Court Reporter Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority C" I . 1010 r Atoms*v 1 AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 July 07, 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 Vice-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 THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 July 7,2015 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. Rabbi Ammos Chorny - Beth Tikvah Synagogue 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. June 9, 2015 - BCC/Regular Meeting Minutes 3. SERVICE AWARDS Page 2 July 7,2015 A. RETIREES 1) Frank Millot, EMS-30 Years of Service 4. PROCLAMATIONS A. Proclamation designating July 7, 2015 as Irving Berzon Day, retired Collier County Engineer, for his contributions benefiting all citizens of Collier County through his farsighted and dedicated efforts. To be accepted by Irving Berzon. B. Proclamation recognizing Yahl Mulching & Recycling, Inc. for their efforts in recycling and reducing waste, as the recipient of Collier County Hazardous and Solid Waste Department's Waste Reduction Awards Program (WRAP) Award. To be accepted by John and Teresa Fillmore, owners of Yahl Mulching & Recycling, Inc. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for July 2015 to Stock Development. To be accepted by Brian Stock, CEO, Stock Development; Keith Gelder, Director of Land Development, Stock Development; and John Cox, President and CEO, The Greater Naples Chamber of Commerce. 6. PUBLIC PETITIONS A. Public Petition request from Mr. Peternal Francois requesting that the Board of County Commissioners increase the penalties for taxi license violations. Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Page 3 July 7,2015 9. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 9:45 a.m. Recommendation to deny (not adopt) the Livingston/Pine Ridge Commercial Infill Subdistrict small-scale amendment to the Collier County Growth Management Plan, Ordinance 89- 05, as Amended, for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL201400001282/CPSS-2014-2) [Companion to Petition PUDZ-PL20140001326] B. This item to be heard following Item #9A. 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 consider 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 the Agricultural (A) zoning district to a Commercial Planned Unit Development (CPUD) zoning district for a 10.47± acre parcel to be known as the Germain Honda CPUD to allow construction of an automotive sales facility with associated repair services, up to 60,000 square feet of gross floor area, on property located at the northwest corner of the intersection of Pine Ridge Road and Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida; providing for repeal of Resolution No. 94-584, a conditional use for a retail nursery; and providing an effective date. [Petition PUDZ-PL20140001326] C. This item to be heard at 5:05 p.m. 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 Page 4 July 7, 2015 Estates; Section Three, Conflict and Severability; Section Four, Inclusion in the Collier County Land Development Code; and Section Five, Effective Date. D. This item to be heard at 5:05 p.m. 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; 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. E. Recommendation to consider (1) An Ordinance Amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Two - Zoning Districts and Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Three - Resource Protection, including Section 3.05.02 Exemption From Requirements For Vegetation Protection And Preservation, Section 3.05.07 Preservation Standards, Section 3.05.08 Requirement For Removal of Prohibited Exotic Vegetation; Chapter Four - Site Design and Development Standards, including Section 4.02.04 Standards for Cluster Residential Design, Section 4.06.02 Buffer Requirements, 4.06.05 General Landscape Requirements, 4.08.07 SRA Designation; Chapter Five - Supplemental Standards Including Section 5.06.04 Development Standards for Signs in Nonresidential Districts; Chapter Ten - Application, Review, and Decision-Making Procedures, including Section 10.02.04 Requirements for Preliminary and Final Subdivision Plats, Section 10.02.06 Requirements for Permits, Section 10.02.07 Requirements for Certificates of Public Facility Adequacy, Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Page 5 July 7,2015 Appendix A- Standard Performance Security Documents for Required Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date; (2) Providing direction to staff to update the land use procedures in the Administrative Code for Land Development; and (3) The list of proposed 2015 Land Development Code Amendments - Cycle 2. F. This item to be heard at 1:30 p.m. This item continued from the June 23, 2015 BCC Meeting. 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 #11D.] 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation that the Board of County Commissioners direct the County Attorney to advertise a hearing to rescind Ordinance 2013-70 to remove the MSBU established to fund La Peninsula seawall repair as requested by La Peninsula legal counsel. (Commissioner Henning) B. Recommendation that the Board of County Commissioners recognizes Resolution 2007-138 providing for the expansion of an existing conditional use for the Naples Bridge Club has conflicting provisions with PU-80-4C (Resolution 80-128) and that the Board finds that the original Provisional Use adopted in PU-80-4C, Attachment 1, Section 6, stating that any expansion shall only require site plan approval is the prevailing language. (Commissioner Henning) C. This item to be heard following Item #11E. Recommendation for the Board of County Commissioners to authorize the BCC Chairman to send a letter to Governor Rick Scott requesting reinstatement of funding for the Department of Economic Opportunity grant supporting the Collier County Business Accelerator program. (Commissioner Nance) D. Recommendation to amend the Interlocal Agreement between the Board of County Commissioners and the Clerk of the Circuit Court to promote Page 6 July 7,2015 accountability and transparency. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT A. Recommendation to adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2015/16 and Reaffirm the Advertised Public Hearing dates in September 2015 for the Budget approval process. (Mark Isackson, Corporate Financial and Management Services Director) B. Recommendation to award Bid Number 15-6457 "Naples Manor Water Main Replacement - Phase No. 2 and MPS 306 Force Main - Phase III," to Douglas N. Higgins, Inc., in the amount of$2,231,395 for Water and Wastewater improvements under Project Numbers 70044 and 71010. (George Yilmaz, Public Utilities Department Head) C. Recommendation to award Bid Number 15-4561, "Master Pump Station 306 Force Main Phase II," to Bonness, Inc., for $1,107,858.57 under Force Main Technical Support Project Number 70044. (George Yilmaz, Public Utilities Department Head) D. This item to be heard immediately following Item #9F. 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. (Alexandra Sulecki, Principal Environmental Specialist) [Companion to Item #9F] E. This item to be heard at 11:00 a.m. Recommendation to continue operation of a modified Soft Landing Business Accelerator Project in view of the eminent termination of the Grant Agreement with the State of Florida Department of Economic Opportunity and veto of the Legislature's request to extend funding for the Agreement into the State fiscal year 2016. (Bruce Register, Office of Business and Economic Development) 12. COUNTY ATTORNEY'S REPORT Page 7 July 7,2015 A. This item to be heard immediately following Item #9D. Recommendation to rescind Resolution No. 14-155, as amended, relating to the "Zoning in Progress" declaration which prohibited the issuance of Development Orders for automobile service stations abutting residential property. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1) Request that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, decides: (1) whether any fee or commission is appropriate should the sale of the CRA property at the Gateway Triangle occur as anticipated on or before July 13, 2015, and (2) if any fee or commission is due, identify the proper percentage or amount of that fee or commission. 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 DEPARTMENT 1) Recommendation to adopt a Resolution extending the Collier County Architectural and Site Design Standards Ad Hoc Committee for 12 months. 2) Recommendation to approve and authorize the Chairman to sign a funding assistance letter to the Congressional Delegation requesting Page 8 July 7, 2015 the United States Army Corps of Engineers include funding for Gordon River Pass dredging in its next budget. 3) Recommendation to approve final acceptance of the water and sewer utility facilities for Canwick Cove, PL20130000849, 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. 4) Recommendation to accept an Access Improvement Agreement with Fifth Third Bank to fulfill a condition of approval pursuant to Hearing Examiner Decision No. 2015-09, concerning a new access point on Thomasson Lane in the Sabal Bay MPUD, Ordinance No. 05-59. 5) Recommendation to approve final acceptance of the water and sewer utility facilities for Piacere and Pavia, PL20130002059. 6) Recommendation to approve final acceptance and unconditional conveyance of the water and sewer utility facilities for Artesia, Phase 1A, PL20140001712. 7) Recommendation to approve final acceptance of the water and sewer utility facilities for Artesia, Phase 1B, PL20140001714. 8) Recommendation to accept a Resolution Amending Exhibit "A" to Resolution No. 2013-239, the list of speed limits on County maintained roads; to bring various roadways into compliance with the allowable maximum speed limits as identified in F.S. § 316.189 and as required by Collier County Ordinance 91-25 (Collier County Speed Limit Ordinance); for roadways located within the Lely Resort Community. 9) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$25,000 which was posted as a guaranty for Excavation Permit Number 60.095, (PL20130001140) for work associated with Sandalwood Village. 10) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$493,500 which was posted as a guaranty for Excavation Permit Number 59.912, (PL20 1 1 0002 1 90) Page 9 July 7,2015 for work associated with Saturnia Falls Plat One (Riverstone). 11) Recommendation to accept an alternate security for that subdivision known as Hatcher's Preserve, (Application Number AR-11440) enter into a Construction and Maintenance Agreement with the new owner and terminate the existing Construction, Maintenance and Escrow Agreement. 12) Recommendation to grant final approval of the landscaping improvements for the final plats of Reflection Lakes at Naples Phases 2C (AR-7523) Phase 2D (AR-7524), Phase 2E (AR-7525) and Phase 2F (AR-7526) and authorizing the release of the maintenance securities. 13) Recommendation to award Bid #15-6383 for Golden Gate City Various Sidewalk Improvements to Coastal Concrete Products, LLC (Project #33363). 14) Recommendation to approve the release of a code enforcement lien with an accrued value of$11,500 for payment of$450, in the code enforcement action entitled Board of County Commissioners v. C. Gary Wilcox and Sonja R. Wilcox, Code Enforcement Special Magistrate Case No. CEPM20140003896, relating to property located at 2118 44th Terrace SW, Collier County, Florida. 15) Recommendation to approve the release of a code enforcement lien with an accrued value of$439,163.18 for payment of$5,000, in the code enforcement action entitled Board of County Commissioners v. Heriberto and Antonio Perez, Code Enforcement Board Case No. CESD20080000222, relating to property located at 5384 Carolina Avenue, Collier County, Florida. 16) Recommendation to approve the release of a code enforcement lien with an accrued value of$148,112.29 for payment of$3,771.23, in the code enforcement action entitled Board of County Commissioners v. Peter V. Schryver, Code Enforcement Special Magistrate Case No. CESD20090011040, relating to property located at 4851 Catalina Drive, Collier County, Florida. Page 10 July 7,2015 17) 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 Artesia Naples, Phase 5, (Application Number PL20150000374) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 18) 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 Artesia Naples, Phase 4, (Application Number PL20140002472) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 19) Recommendation to approve the selection committee rankings and authorize staff to enter into contract negotiations with the number one ranked firm Lago Consulting & Services, LLC, for RFP No. 15-6452 "Modeling Services for Surface Water and Groundwater Management" for protected public water supply wellfields that utilize the Surficial and Intermediate Aquifers. 20) Recommendation to approve the waiver of an optional local public hearing on a petition to correct the legal description of the Fiddler's Creek Community Development District 1 which was filed with the Florida Land and Water Adjudicatory Commission since the CDD is over 1000 acres. 21) Recommendation to accept a proposal from Atkins North America, Inc. dated June 19, 2015 for the development of a Comprehensive Watershed Improvement Project, approve a Work Order under Contract No. 13-6164-SS for a not-to-exceed amount of$179,897, authorize the County Manager or his designee to execute the Work Order and authorize all necessary budget amendments. Project No. 51144.3. 22) Recommendation to approve a Stipulated Final Judgment in the total amount of$17,500 for Parcel 138RDUE in the lawsuit styled Collier County v. Grover C. Woody, III, et al., Case No. 15-CA-199. Page 11 July 7,2015 (Golden Gate Boulevard from East of Wilson Boulevard to 20th Street East, Project No. 60040.) Fiscal Impact: $17,500. 23) Recommendation to approve Change Order No. 1 to Work Order/Purchase Order No. 4500157798 with Humiston & Moore Engineers for Collier County Beaches and Inlets Annual Monitoring for 2015 under Contract No. 13-6164-CZ, authorize the County Manager or his designee to execute the Change Order for a time extension of 138 days, and makes a finding that this item promotes tourism. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency (CRA) to approve a Commercial Building Improvement Grant Agreement between the CRA and Antone C. Mendes in the amount of$13,496 for property located at 2260 Tamiami Trail East and within the Bayshore Gateway Triangle area. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a Resolution and Satisfactions of Lien for the 1992, 1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the liens. Fiscal impact is $61 to record the Satisfactions of Lien. 2) Recommendation to award ITB #15-6449, "Maintenance Repair and Operations Parts and Equipment" to W. W. Grainger, Inc., as primary, and Sunshine Ace Hardware, Inc., as secondary for commodity based purchases that include maintenance repair and operations products of industrial equipment, maintenance supplies, tools, inventory items and work order repairs. 3) Recommendation to approve the Satisfaction for a certain Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. Fiscal impact is $18.50 to record the Satisfaction of Lien. Page 12 July 7, 2015 4) Recommendation to approve selection committee rankings and enter into negotiations for a contract for Request for Proposal No. 15-6450, "Naples Park Infrastructure Improvements," Project Numbers 60139, 70043, 70044 and 71010, with Q. Grady Minor & Associates. 5) Recommendation to approve a licensing agreement with the District School Board of Collier County to allow the installation of a lightning prediction and warning system on the Pump Station 309 building located on the campus of East Naples Middle School. 6) Recommendation to approve Contract #14-6345, "Construction, Engineering, and Inspection Services for the Wastewater Basin Program," Project Numbers 71010, 70043, 70044, 70046, 70050, and 70051, with three firms: AECOM Technical Services, Inc., Stantec Consulting Services, Inc., and Hole Montes, Inc. 7) Recommendation to authorize a budget amendment in the amount of $93,000 transferring funds between cost centers and line items within the Collier County Water-Sewer District Operating Fund (408) to cover costs for unanticipated increases in bank fees and contractual services. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve a no cost Modification No. 13 to a Disaster Recovery Initiative Grant Agreement for the Colorado Avenue Storm Water Project with the Florida Department of Economic Opportunity. 2) Recommendation to award Invitation to Bid No. 15-6463 to Construct Company, Inc. in the amount of$225,800, for construction of the "Tigertail Beach Observation Tower," approve the necessary budget amendment, and make a finding that this expenditure promotes tourism. 3) Recommendation to approve an after-the-fact Amendment and Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. for the Older Americans Act Program Title III programs and budget amendments to reflect an increase in grant funding (Net Page 13 July 7, 2015 Fiscal Impact $16,309). 4) Recommendation to accept an extension of the expenditure deadline on Fiscal Year 2012/2013 grant allocations from the Florida Housing Finance Corporation to December 31, 2015 for the State Housing Initiatives Partnership (SHIP) program. 5) Recommendation to approve the FY15 Program of Projects and submittal of a grant application for the Federal Transit Administration, 49 USC § 5307 FY15 grant funds to support the Collier Area Transit system in the amount of$2,888,127, through the Transportation Electronic Award Management System. 6) Recommendation to approve an award for Invitation to Bid #15-6437 "Vanderbilt Beach MSTU FPL Utility Conversion at Vanderbilt Beach Road, Installation and connection of new underground FPL network" to MasTec North America, Inc. in the amount of $574,606.25. 7) Recommendation to approve and authorize the Chairman to reinstate and sign an extension agreement with the Department of Housing and Urban Development (HUD) for the 2010 funded Shelter Plus Care (S+C) grant to provide supportive services too hard to serve persons with disabilities, approve the associated Subrecipient Agreement with CASL, Inc., approve budget amendments to recognize funding associated with this award, and authorize payment for outstanding payment to Collier County Housing Authority. 8) Recommendation to approve continuation of the Library Electronic Assistance Program through annual recurring funding by the Friends of the Library, Inc. and the necessary budget amendment. 9) Recommendation to approve an agreement to accept U.S. Department of Housing and Urban Development rural capacity building technical assistance from the National Association for Latino Community Asset Builders. 10) Recommendation to award Bid No. 15-6454, "Bus Shelters Repairs," to Florida Painters of Lee County, Inc. as the primary vendor and to Page 14 July 7, 2015 Varian Construction as the secondary vendor. 11) Recommendation to approve and sign a Long Term Community Market Agreement with Joseph and Neomi Rakow, Market Manager of the Golden Gate Community Park Community Market with an effective date of July 7, 2015 through February 1, 2016. 12) Recommendation to approve the submittal of a Five-Year Sovereignty Submerged Land Lease Renewal with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida at the Cocohatchee River Park Marina, authorize payment of lease processing fee of$630, and authorize the Chairman to sign the lease renewal. 13) Recommendation to approve a Right of Entry to the Southwest Florida Research and Education Center (SWFREC) University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) to install, maintain and monitor groundwater monitoring wells at the Pepper Ranch Preserve as part of the Lake Trafford Watershed Boundary Study. 14) Recommendation to approve and authorize the Chairman to execute Landlord Payment Agreements, between 12 landlord/entities and the Collier County Board of Commissioners allowing the County to administer the Rapid Re-Housing and Homelessness Prevention Program through Collier County's Emergency Solutions Grant Program. 15) Recommendation to approve and execute a Standstill Agreement between Collier County and the United States Department of Agriculture (USDA) to allow the USDA to continue its operations at the County's Agriculture Extension Office at the current terms and conditions, until a new Lease Agreement can be submitted. 16) Recommendation to approve the recommendation to modify the endowment related to the County's acceptance of properties donated to Conservation Collier as offsite preservation under the Land Development Code (LDC) Section 3.05.07, H.l.f. iii. a. and b. Page 15 July 7,2015 E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to award a contract for Affordable Care Act Data Reporting Services to Health E(fx) and authorize the Chairman to sign the County Attorney approved agreement. 2) Recommendation to approve seven deletions to the 2015 Fiscal Year Pay and Classification Plan made from April 1, 2015 through June 30, 2015. 3) Recommendation to recognize and appropriate revenues generated through reimbursements to the EMS operating budget in the amount of$79,052. 4) Recommendation to approve the Collier County Water-Sewer District's completion of the remaining terms of the September 14, 2010 Agreement with 850 NWN, LLC, CG II, LLC and execution of Mutual Releases. 5) Recommendation to approve a Lease Agreement with North Collier Fire District for EMS Department use of Station 48 with no annual rent and shared utility expenses. 6) Recommendation to approve the sale and disposal of surplus property through an on-line auction in compliance with Florida Statutes and Resolution 2013-095. 7) Recommendation to recognize and appropriate revenue for Special Services to the Facilities Management Division Cost Center and approve the necessary Fiscal Year 2014-2015 Budget Amendment. 8) Recommendation to affirm the staff's administrative award in October 2013 of Invitation to Bid #13-6141 Water Treatment Services to US Water Service Corporation and award in accordance with the Board's Procurement Ordinance 2015-37, Section 9 Formal Competitive Threshold. 9) Recommendation to accept and ratify reports for staff-approved change orders, changes to work orders, and surplus credit. Page 16 July 7,2015 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve a Termination of Agreement for the Timber Ridge PUD Unit 2 affordable rental housing project due to the impact fees being paid in full in accordance with Resolution 95-62 and the Amended and Restated Agreement for 100% Deferral of Collier County Impact Fees recorded in Official Records of Collier County Book 2074 Page 0233. 2) Recommendation to approve Tourism Development Grant Application Agreements for FY 16 Category B ($35,000) and Category C-2 ($40,000) Grants, authorize the Chairman to sign, and make a finding that this action promotes tourism. 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2014-15 Adopted Budget. 4) Recommendation to approve the First Amendment to the Agreement between the Southwest Florida Economic Development Alliance, Inc. and the Board of County Commissioners. 5) Recommendation to approve an agreement between Collier County and RETIS designating Collier County exclusive rights to host the RETIS FACE 9 Florida Executive Training Program in the fall of 2015, and providing funding in the amount of up to $12,000 for financial support in facilitating the event. 6) Recommendation that the Board of County Commissioners adopts a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-Ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or preserve areas, including the restoration of the mangrove forest, U.S. 41 berm, street signage replacements within the median areas, landscaping improvements to U.S. 41 entrances and beach renourishment, all Page 17 July 7,2015 within the Pelican Bay Municipal Service Taxing and Benefit Unit. 7) Recommendation that the Board authorize the Chairman, as a member of the Southwest Florida Job Training Consortium, to approve the Southwest Florida Workforce Development Board, Inc., proposed FY 2015/2016 budget. 8) Recommendation to approve Amendment #1 to Contract #15-6433 Production of the Tourism Guide to Miles Media Group, LLLP, authorize the Chairman to execute the County Attorney approved amendment, and make a finding that this expenditure promotes tourism. G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approve the attached Fifth Amendment to Assignment of Lease from Global Manufacturing Technologies, Inc. to KPK Management, Inc. 2) Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approves the attached First Amendment to the Collier County Airport Authority Standard Form Lease with the Florida Department of Military Affairs and Standard Form Lease with Tellus Florida, LLC. H. BOARD OF COUNTY COMMISSIONERS 1) Request to advertise an ordinance amending Ordinance No. 2008-47, as amended, relating to the Collier County Non-Consent Towing, Private Property Towing, Immobilization and Storage of Vehicles Ordinance, to be brought back at a subsequent meeting for adoption. (Commissioner Fiala) 2) Recommendation to appoint one member to the Affordable Housing Advisory Committee. 3) Recommendation to authorize the Collier County Black Affairs Advisory Board to hold the annual "Diabetes Awareness Day." Page 18 July 7,2015 4) Recommendation to appoint a citizen member to the Value Adjustment Board. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence. J. OTHER CONSTITUTIONAL OFFICERS 1) To provide to the Board of County Commissioners, the Clerk of the Circuit Court's Internal Audit Report 2015-5 Fleet Management, issued on July 1, 2015. 2) Board declarations of expenditures serving a valid public purpose and approval of disbursements for the period of June 18 through June 24, 2015. 3) Board declaration of expenditures serving a valid public purpose and approval of disbursements for the period of June 25 through June 30, 2015. K. COUNTY ATTORNEY 1) Recommendation to approve an Assumption Agreement substituting the law firm of Smolker, Bartlett, Loeb, Hinds & Sheppard P.A. for the law firm of Smolker, Bartlett, Schlosser, Loeb & Hinds, P.A., in the Retention Agreement dated April 24, 2007, as previously amended and assumed. 2) Recommendation to approve a Stipulated Final Judgment in the total amount of$11,000 for Parcel 153RDUE in the lawsuit styled Collier County v. GG1 Naples, LLC, et al., Case No. 15-CA-329. (Golden Gate Boulevard from East of Wilson Boulevard to 20th Street East, Project No. 60040) Fiscal Impact: $11,170. 3) Recommendation that the Board of County Commissioners review and approve the proposed 2-year extension to the Employment Agreement for Mark Strain, Hearing Examiner. Page 19 July 7,2015 4) Recommendation to approve a Resolution granting Marlene Messam, as Project Manager, authority to make a binding commitment to the construction plans for the US 41/951 Intersection Improvement Project (Project No. 60116) for the purposes of trial and all pretrial motions in the case styled Collier County v. RTG, LLC, et al., Case No. 13-CA-259. 5) Recommendation that the Board of County Commissioners, Ex- officio the Governing Board of the Collier County Water-Sewer District, direct the County Attorney to enforce the terms of the May 18, 2015, mediation and pursue any and all actions required to hold the required public hearing, together with the recovery of the County's legal fees and costs. 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. Recommendation to adopt 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. B. Recommendation to consider amending Ordinance Number 2004-41, as amended, the Collier County Land Development Code, which includes the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending Ordinance No. 92-15, as amended, which re- established Lely, A Resort Community Planned Unit Development (PUD), by reducing the maximum number of dwelling units from 10,150 to 8,946; Page 20 July 7,2015 by amending Section 2.06 entitled "Project Density" and Section 2.07 entitled "Permitted Variations of Dwelling Units"; by amending the market absorption schedule; by amending Section 3.02 entitled "Maximum Dwelling Units"; by amending Section V, C-2 Commercial/Professional to provide that the square footage limitation does not apply to residential dwelling units permitted as part of a mixed use project; and by amending Section VI, C-3 Commercial/Neighborhood to allow C-3 uses and all types of residential dwelling units as mixed use or stand alone for the C-3 parcel at the corner of Rattlesnake-Hammock Road and Grand Lely Drive; by adding Section XV, Deviations, from the Land Development Code to increase the number of signs and the size of signs; amending Exhibit H, the PUD Master Plan to move a C-3 parcel to the east of Lely Grand Drive and adjust acreages to decrease residential uses and increase commercial uses by 6± acres; and providing an effective date. The subject property consists of 2,892 acres located between U.S. 41 and Rattlesnake-Hammock Road west of C.R. 951, in Sections 21, 22, 27, 28, 33 and 34, Township 50 South, Range 26 East, and Section 3, Township 51 South, Range 26 East, Collier County, Florida. [PUDA-PL20140002040] 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 an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2008-02 which established the Lane Park Commercial Planned Unit Development to remove the gross floor area square footage limitations on permitted retail principal uses; to amend the minimum yards and site lighting development standards; to amend the PUD Master Plan to remove a portion of the existing 50-foot drainage easement along the eastern PUD boundary, to show an additional PUD access point off of Market Street, and to increase the required native vegetation retention acreage; and to add new environmental developer commitments identifying the permitted preserve uses, and providing flexibility to allow the on-site native vegetation retention requirement to be satisfied off-site. The subject property is located on the southwest quadrant of Market Ave. and Livingston Rd. in Section 36, Township 49 South, Range 25 East, Collier County, Florida, consisting of 5.27± acres; and by providing an effective date. [PUDA-PL20140000867] D. Recommendation to adopt an Ordinance amending Ordinance No. 2001-55, as amended (the Advisory Board Ordinance), to eliminate the three year Page 21 July 7,2015 limitation on the duration of ad hoc committees. E. This item has been continued from the June 23, 2015 BCC Meeting and has been further continued indefinitely. 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. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 22 July 7,2015 July 7, 2015 MR. OCHS: Chairman, you have a live mic. CHAIRMAN NANCE: Good morning, ladies and gentlemen. Welcome to the Board of County Commission meeting for July 7 -- COMMISSIONER FIALA: Good morning. CHAIRMAN NANCE: -- 2015. It will be our last regularly scheduled meeting until September 8th, so we have an especially busy and long meeting today with a lot of deliberations to take place. I'll ask you at this time to please silence all your devices, cell phones, various devises that you might have to help us have an orderly meeting. This morning we are going to have an invocation delivered by Rabbi Ammos Chorny from the Beth Tikvah Synagog, to be followed by the Pledge of Allegiance. Rabbi, please, sir. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE RABBI CHORNY: Good morning. As a nation, we were convinced early that we could not endure half slave and half free. No man can celebrate liberty as long as his brothers and sisters are in chains or shackled by poverty or ignorance or a denial of basic rights which enables them to contribute to the gross society. Our most elusive dream has been the pursuit of happiness, for no person can give happiness to another, a state which must find for themselves. This morning as we come together, we ask that you help us to discover the secret that happiness comes not from selfish pursuits of ingrown indulgence, but from sharing, not just what we have but also who we are. Page 2 July 7, 2015 Recreate in each of us the dreams of our founding fathers who by your grace knew that where there is no dream, there can be no destiny. Keep our dream and keep our destiny alive and safe. Amen. CHAIRMAN NANCE: Please join us in the pledge. (Pledge of Allegiance was recited in unison.) CHAIRMAN NANCE: Ladies and gentlemen, a sad note before we move into our regular agenda. We'd like to note with sorrow the passing of Mr. Jim Thomas who was a valued employee of our Parks Department for over 30 years. A gentleman that was very well known for his good nature and kindness. He ran the summer food program for Collier County for many years and was committed to making sure every child in our community had something to eat and was lightheartedly often referred to as the mayor of the Parks Department with so very many friends. So at this time please join us in a moment of silence in remembrance of Jim Thomas. (Silence.) CHAIRMAN NANCE: Thank you very much. Mr. Ochs, would you like to carry us through the changes to today's agenda, 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) — ADOPTED AND/OR APPROVED W/CHANGES; MOTION TAKEN TO CONTINUE ITEM #16H1 UNTIL SEPTEMBER — APPROVED MR. OCHS: Yes, sir, Mr. Chairman. Good morning, Page 3 July 7, 2015 Commissioners. Mr. Chairman, thank you for those kind remarks on behalf of Jim Thomas. These are your proposed agenda changes for the Board of County Commissioners meeting of July 7th, 2015. The first proposed change is to add Item 12.B to the County Attorney's regular agenda. This is a recommendation to approve and accept a proposed settlement agreement related to the BP oil spill and the Deep Water Horizon case. The next proposed change -- that is added at the County Attorney's request, by the way. Next proposed change is to move item 16.F.8 from the consent agenda to become Item 11.F under the County Manager's agenda. This is an item regarding the production of the annual tourism guide. The next proposed change is to move Item 16.D.16 from the consent agenda to become Item 11.G. And that is a recommendation to consider some modifications to your Land Development Code as it relates to off-site preservation requirements. That is moved at Commissioner Henning's request. The next proposed change is to move Item 16.F.4 from your consent agenda to Item 11.H on the regular agenda. And this is a consideration of a first amendment to an agreement between the Board and the Southwest Florida Economic Development Alliance. That is moved at Commissioner Henning's request. The next proposed change is to add Item 16.H.5 to your Board of County Commissioners consent agenda. It's a recommendation to appoint a member to the Collier County Planning Commission. Appointment from District 2. That is made at Commissioner Hiller's request. We have two agenda notes this morning, Commissioners. Correction on Item 16.D.7, the Page 2 of the agreement is backup to Page 4 July 7, 2015 the executive summary. Should read $6,414. And on Item 16.F.2, the legal name of the C-2 grant organization should read The Southwest Florida Holocaust Museum, Inc. And that is -- both of those notes are made at the staffs request. We have a number of time certain items throughout the day, Commissioners. I'll go through these briefly. Item 9.A is to be heard at 9:45 this morning. And that will be immediately followed by its companion Item 9.B. Item 11.E will be heard at 11:00 a.m. Item 6.F will be heard at 1 :30 p.m., followed immediately thereafter by Item 11.D, which is a companion item. Item 9.0 will be heard at 5:05 p.m., followed by Item 9.D. And finally, Item 12.A will be heard also immediately following 9.D after the 5:05 start of those hearings this afternoon. Finally, we have court reporter breaks scheduled for 10:30 and 2:50 this afternoon. And those are all the changes that I have, Mr. Chairman. CHAIRMAN NANCE: Thank you very much. Because we have a very, very aggressive schedule today, having public hearings split into three different times, I'm going to now go and ask the commissioners for any additional changes, but I will ask them to give their ex parte communication in its entirety. So anyone that seeks to find the minutes on these items can easily find the ex parte. So we'll begin this morning with Commissioner Taylor. COMMISSIONER TAYLOR: Okay, ex parte -- no changes to the agenda. I do not have any disclosures on any of the items except for discussions with staff on any of them. And even including -- yes, it's all been discussions with staff. Do I need to do this -- that's why I hesitated. Should I do it item by item or -- CHAIRMAN NANCE: Whatever ex parte you have, ma'am, on Page 5 July 7, 2015 any items, please -- MR. KLATZKOW: Commissioner? CHAIRMAN NANCE: Yes. MR. KLATZKOW: I do think it's best if you do your ex parte just prior to the hearing. CHAIRMAN NANCE: You want to do -- okay, let's do it like that then, okay. Thank you, Mr. Klatzkow. Commissioner Fiala? COMMISSIONER FIALA: Hello, and good morning, everyone. This morning I have no changes, no corrections on the agenda. And on the summary agenda I have no ex parte -- oh, I'm sorry, the consent agenda, though, that was the summary agenda. The consent agenda I have on 16.A.18 which is the Artesia Naples subject, I met with Greg Urbancic, David Coldwell and Paul Eichart. That was back in 2009, but we have to disclose everything, so -- it was back a while. I've also had meetings and emails and staff-- I've spoken to staff So thank you very much. That's all for consent and summary agenda. CHAIRMAN NANCE: Thank you, ma'am. Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. I would like to ask a couple of questions. On 16.J under other constitutional officers, does 16.J.2 and 16.J.3 include any expenditures that have not been pre-audited, Crystal? Or are all the expenditures on here fully audited? MS. KINZEL: Yes, Commissioner, those would have received the pre-audit for disbursement. COMMISSIONER HILLER: Okay. So 16.J.2 and 16.J.3. MS. KINZEL: Yes. COMMISSIONER HILLER: That's great, thank you. Page 6 July 7, 2015 And with respect to the 16.J.1, were there any findings of any illegal acts or improprieties with respect to the fleet management audit? MS. KINZEL: We've identified several audit issues that were either corrected by staff or are noted for the Board's review. COMMISSIONER HILLER: But was there any illegal activity, any impropriety, any theft or anything like that? MS. KINZEL: Not founded. COMMISSIONER HILLER: Thank you. I appreciate that. And how long did that audit take, County Manager? MR. OCHS: I believe it began in the spring of 2013, ma'am. COMMISSIONER HILLER: And ended when? MR. OCHS: Just recently. COMMISSIONER HILLER: And recently being what? MR. OCHS: I think we received the final report a month or so ago. COMMISSIONER HILLER: So how long was it? MR. OCHS: Well, as I said, it began in I believe May of 2013. There may have been some time in between the two-year period where it was suspended, but -- COMMISSIONER HILLER: So basically two years. MR. OCHS: -- essentially since the original commencement of the audit to the completion, it was about two years time. COMMISSIONER HILLER: That's an unreasonable amount of time. The other question that I have is, Commissioner Henning, on 16.F.4 to moving that to 11.H, we have a number of people in the audience that have come strictly for purposes of this amendment. And the amendment is a very simple one. It just -- I mean, it's basically switching one line item to another, moving it from marketing to salaries. Page 7 July 7, 2015 Does this have to be on the regular agenda? Is this something that we can address now under consent since they're here? COMMISSIONER HENNING: I have every right to pull it. COMMISSIONER HILLER: Yeah, and I can vote against it. So I'm going to make a motion that we approve the agenda except for 11.H which I think should remain as 16.F.4. Because I don't really see what the discussion on that item would be. MR. KLATZKOW: Any commissioner has the right to pull an item. COMMISSIONER HILLER: Oh, do they? Then I apologize. Go ahead. COMMISSIONER HENNING: That's what I said. COMMISSIONER HILLER: I know. I don't see why we're here to discuss, you know, an issue that is so basic. And I know that we've got all these people who came -- can we do something to -- CHAIRMAN NANCE: We'll take that up on the regular agenda, ma'am. COMMISSIONER HILLER: Can we take it up as one of the first items so that these people can leave? CHAIRMAN NANCE: At the pleasure of the Board. COMMISSIONER HILLER: I mean, we've got the executive director for the Regional Economic Alliance, we've got House Representative Dudley Goodlette, we've got John Cox. I mean, these people all have a great deal to do, and they thought this was going to be on the consent agenda and they've made the time to come here, which I think is great. And, you know, if we're going to pull it and discuss it, could we maybe move it to the front of the agenda so that they can leave? COMMISSIONER FIALA: Sure. CHAIRMAN NANCE: Let's take it right after the public petitions are completed. Page 8 July 7, 2015 COMMISSIONER HILLER: Okay, thank you very much. I appreciate that. And as far as my disclosure goes, let's see, which items would you like disclosure on right now on consent? CHAIRMAN NANCE: The consent and summary agendas. COMMISSIONER HILLER: Okay. And so on consent I have no disclosure. And on the summary agenda I've reviewed the staff report. CHAIRMAN NANCE: Thank you. Commissioner Henning? COMMISSIONER HENNING: I have no ex parte communication on today's summary or consent agenda. Question within the change order list, Leo. I never received a response from my request to -- do you want me to pull that or do you want to deal with it later? MR. OCHS: Your pleasure, sir. COMMISSIONER HENNING: We could deal with it later. MR. OCHS: Thank you. I do have some information available for you. COMMISSIONER HENNING: Thank you. That's all. CHAIRMAN NANCE: All right. I have no disclosure on today's consent agenda. On today's summary agenda I have read the staff report on the Lane Park Commercial Planned Unit Development. I would like to note that there are two I think really good and important things on the consent agenda that have not been mentioned and that is 16.A.21 is a development of a comprehensive watershed improvement project which I think is very, very important for Collier County. And secondly, 16.D.13 establishes a relationship between the University of Florida and Conservation Collier properties at the Pepper Ranch to work on the documentation of the Lake Trafford watershed, Page 9 July 7, 2015 which I think is very, very important. Before we approve the agenda, it's my understanding, Mr. Miller, we have two public speakers on consent? MR. MILLER: Mr. Chairman, that number has now doubled to four. CHAIRMAN NANCE: Okay. MR. MILLER: The first two speakers are speaking on Item 16.H.1, which is an amendment to an ordinance regarding non-consent towing. Your first speaker is Carlos Macias. He'll be followed by Robert Dixon. MR. MACIAS: Good morning. My name is Carlos Macias from Carlos Towing. We've been doing business in this county since 1984. Just a few things on this ordinance I find are unjust for people of law enforcement. We're kind of put in the same classification as the people doing private property towing, but the law enforcement is totally different. Right here in -- let me see here. On Page 5 of the new ordinance, it says the mileage charged for law enforcement directed tows based upon the most direct distance from the scene to the towing business location to the scene and back. There's a line crossed out "to the scene and back." We don't tow 10 cars a night like the private property do out of apartment complexes while people are sleeping. We sit and wait like an ambulance or fire truck. When the people call us we don't know where we're going to go tow. We might get a two Monday, our next tow might not be until Friday or maybe next week. We don't tow cars multiple times a day like Lee County and Miami. So I'd like to see that changed because that's taking money away from us where we don't do that much work like other people do as far as the condo towing and stuff like that. And another thing is on Page 17 of the new ordinance, the insurance requirements for the private towers for the private property, Page 10 July 7, 2015 their insurance requirements are less than ours for law enforcement. And my insurance just went up last year three percent, and I've never had a claim. And their insurance requirements are less than ours. And once again, they do 10 times the amount of work that we do. I have three cars in impound, they have like 20 cars in impound. And two of the three I'm going to end up with because they're not going to pick them up. Because we get called out for red tags and everything. We don't know what we're going to go tow. The other companies drive around at night and they can pick and choose what cars they want to tow. We don't have that, you know, option so -- And then Page 18 about the credit cards, we've been taking credit cards. The only thing I'm asking for there is if you could help us out, we don't have no control over the credit card companies charging us a fee. So when I pay my property taxes every year and renew my tags, the county charges us two and a half percent. We'd like some help with that, you know, as far as charging a fee to process credit cards. Because they're taking money away from us every time we swipe a card. And in some instances we're on scene, we get charged even higher because we have to key the numbers in. So I thank you for your time. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is Robert Dixon. He'll be followed by Dr. Joseph Doyle speaking on Item 16.E.1, ACA Data Reporting. MR. DIXON: Good morning. My name is Robert Dixon. I've been here before discussing these tow options that you have. The biggest problem that I see you have with the change in the ordinance is you keep putting in all this non-consent tows. You have non-consent tows where you have the people going out there to the condos, taking people's cars that are illegally parked. Has nothing to do with the Sheriffs Department tows that are out there for people got arrested, Page 11 July 7, 2015 people got in accidents, the roads are closed, they need the things to be towed. They're so separate it is unbelievable. But in the rules here you keep trying to put it in here and putting the wording together so that it is so open to interpretation that the Sheriffs Department and the county cannot make a disclosure as far as what's right or what's wrong. And they have their little meetings with certain people and listen to what they say. If they'd have a meeting with every tower here, they could get it all out, have it all set and dried and they wouldn't have these problems. And that's what I would ask, that you have an open meeting with the towers so that you would know exactly what's right and what's wrong. If you have a meeting with one or two towers, they're out for their own agenda and that's the way it's going to be. COMMISSIONER FIALA: Could I jump in on this, being that this is my subject? CHAIRMAN NANCE: Commissioner Fiala, it's your item and you're going to go first, and you're going to be followed by Commissioner Hiller, then Commissioner Taylor. COMMISSIONER FIALA: You know, you make a good point about meeting with all the towers. This is just for the fall. We're not approving anything today, this is the start of the process. So how about before we actually get to ratifying it we do meet with the towers? And we'll say right in the beginning of September or something. And I would be happy to do that and I'll get our County Attorney with us to all sit around. What I'm trying to do is solve some of the problems that we've had. You know them as well as I do. MR. DIXON: I know exactly the problems you're talking about. COMMISSIONER FIALA: And we're trying to save innocent people here. And sometimes they're -- you know, when they lose their car because they can't get out of the hospital and they can't pick it up Page 12 July 7, 2015 themselves or when they didn't have the cash -- of course you're using credit cards now and that's good. We solved that problem a few years back to insist that towers would accept more than just cash, because sometimes people just don't have the amount of money that's being charged. And especially if they're in the hospital for a few days. And they have to pick it up themselves, by the way, they can't have their son pick it up or anything else. And if they can't get out of the hospital to pick it up, the charges go -- I had a gentleman call me, he was distraught because he couldn't get out of the hospital and his son wasn't allowed to pick it up. So what we're trying to do is solve the overall problems. And I'd be happy to meet with the towers before we put this on the final agenda. I'm always willing to listen to anyone. And I want to hear you. What I want to do is solve the problem not just for one tower, but for the people in the community as well as the towers. And if we can do that together, that's great. I know that that's a monumental task. We might have to have it in here in this commission chamber. But I'm happy to do that, okay? If you will leave your name and address with the County Attorney and same with the other gentleman as well, I forgot his name, Carlos, and then I'll make sure to get ahold of you guys as well as hopefully you will let the other towers know and we'll select a time and place for the meeting, okay? MR. DIXON: Yes, ma'am. The only thing that I'd like to mention here though is you have 16 tow companies that work for law enforcement doing those type of tows. North end and the south end. The rest of the towers out there doing these private properties and things like that, some of them don't even have business licenses out there -- COMMISSIONER FIALA: That's true. Page 13 July 7, 2015 MR. DIXON: -- so they don't care what you put in here. COMMISSIONER FIALA: My friend right here down the row here had her car towed out of her yard because it was a little bit over the sidewalk. And the egregious if you will, forgive me for using that word, condo commandos called and had towing companies come out and pull them out of their yard. She gets out in the morning to come to work and there's no car there. So, I mean, what we're trying to do is end some of that. Because these things are -- they prey on innocent people. So keep that in mind when we meet, okay? MR. DIXON: No problem, thank you. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: Thank you. Yeah, I had the opportunity -- I had the opportunity to be involved in some of these discussions as well. And it was my understanding that the Sheriffs Office is predominantly responsible for the structuring of this ordinance. Jeff, is that correct? MR. KLATZKOW: Yeah, we work extensively with the Sheriffs Office. COMMISSIONER HILLER: So does the -- the issues that were raised this morning, have they been contemplated by the Sheriff in his review of this? MR. KLATZKOW: I don't know. One of the issues is there is no advisory board here, so sounds like there was an easy mechanism to vet this. I think Commissioner Fiala's idea is a good one, we can sit down with Sheriffs representatives, people in the industry and we can tweak the ordinance. COMMISSIONER FIALA: For about two years we've been working on this. Page 14 July 7, 2015 COMMISSIONER HILLER: And I've been -- because I've had towers come in and talk to me as well on the issue. COMMISSIONER FIALA: But we've worked closely with our Attorney's Office and the Sheriffs Office, and they've attended just almost every single meeting. And things that they didn't care for we adjusted. We did everything we could to make sure that we included as many people as we could. COMMISSIONER HILLER: So what we're going to do now is have a meeting where you're going to send an email or letter to all towers in the community and invite them to in effect a forum -- COMMISSIONER FIALA: Right, in September. You know, we're going on recess now, but -- and I guess other people are on vacations and things as well. But when we return, we'll -- you know, like in September. So we can get this started. COMMISSIONER HILLER: So are we going to continue this item? COMMISSIONER FIALA: No, this is just to put it on the agenda. This is just to approve it at a later date. Let me see if I can't pull that thing up real quickly. CHAIRMAN NANCE: The towing ordinance? COMMISSIONER FIALA: Yeah. COMMISSIONER HILLER: Right, but I mean, if this is subject to change, maybe we should just continue this item and then have the discussion and then bring back whatever the -- COMMISSIONER FIALA: All right, we can do that. COMMISSIONER HILLER: -- adjustment should be. COMMISSIONER FIALA: It's not like -- I mean, we've been waiting two years. A couple more months doesn't make any difference. I'm happy to do that. CHAIRMAN NANCE: Make a motion. COMMISSIONER FIALA: Okay, I make a motion that we put Page 15 July 7, 2015 this in abeyance; I guess it would be, until after we meet with the towers in September. COMMISSIONER HILLER: I'll second that. CHAIRMAN NANCE: We've got a second. Commissioner Taylor? COMMISSIONER TAYLOR: I was going to second it. It's a good discussion. CHAIRMAN NANCE: We're on a good pathway. COMMISSIONER TAYLOR: Yep. CHAIRMAN NANCE: Further discussion? (No response.) CHAIRMAN NANCE: We have a motion and a second. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Okay, we're going to continue that item. Further speakers, Mr. Miller? MR. MILLER: Your next speaker is Dr. Joseph Doyle. He'll be speaking on Item 16.E.1, ACA Data Reporting. And then Mr. Doyle will be also registered to speak on Item 16.F.6, which is the Pelican Bay tax hearing dates. DR. DOYLE: Good morning, Commissioners, Dr. Joseph Doyle. On the first item which is the Affordable Care Act, also known as Obamacare, I'm here just to thank the County Commissioner for taking the lead on this data reporting. As you know, the IRS is utilizing this data to determine if the Page 16 July 7, 2015 employer, which is you, the county, is in compliance with the -- to determine if our employees are complying with the individual mandate. And the thing is, is that this is costing us $112,000 just for reporting of compliance. This is one government cannibalizing another government. I mean, I can see where they might want to check on private employers, but to go and check up on another government? It's costing us the taxpayers $112,000. Thank goodness the County Manager is at least coordinating this with all the different entities such as the Sheriff and school board; otherwise it would probably cost us more. What could that $112,000 be used for? Well, maybe the Health Department could vaccinate children. Maybe neighborhood health clinics could do mammograms or more working poor women who can't even afford Obamacare even with the subsidies. Or maybe if none of those things are needed we could give $112,000 back to the taxpayers. So I just want to point this out, that this is part of what Nancy Pelosi said, we have to read what's in it before we -- we have to pass it before we know what's in it, and this is what's in it. So thank you, that's my comment on the first one. MR. MILLER: All right. And now commenting on Item -- I've lost it -- 16.F.6. DR. DOYLE: Right. Commissioners, I sent an email to all of you yesterday regarding setting the hearing time for the Pelican Bay Services Division at the tax hearing in September. And I'm requesting that -- what's written here I believe is that -- is incomplete. I believe we need to have Pelican Bay congruent with all of the other 20 MSTBUs and MSBUs and having two hearings, one on September 10th and the other on September 24th, two weeks later. You saw all of the minutes from last year where we Page 17 July 7, 2015 had done that for the first time. I came in January and had mentioned to the Board that I saw no traction in changing our ordinance. I didn't realize that actually it's an agenda item every year to set the time. But I would request that we modify this recommendation to adopt this resolution -- modify this resolution basically so that there are two hearings for Pelican Bay. Thank you. CHAIRMAN NANCE: Thank you. MR. MILLER: That's your final speaker on the consent agenda, sir. CHAIRMAN NANCE: Thank you. All right, at this time do we have a motion to approve -- COMMISSIONER HILLER: I think Commissioner Henning wanted to speak. CHAIRMAN NANCE: Oh, I'm sorry, Commissioner Henning. COMMISSIONER HENNING: Which item was the first item you were speaking on? 16.D? MR. OCHS: 16.E.1. COMMISSIONER HENNING: Oh, Edward one. MR. OCHS: Yes, sir. COMMISSIONER HENNING: That's why I couldn't find it. Is there a -- I don't see a cost associated with that. Is there a cost associated with that? MR. OCHS: Yes, sir. COMMISSIONER HENNING: Okay. Well, why don't we talk about that. MR. OCHS: Pleasure of the Board, sir. It's a required report. COMMISSIONER HENNING: Oh, it's a required report? MR. OCHS: Yes, sir. If we don't provide this information and -- COMMISSIONER HENNING: Well, let me just look over it and I can always reconsider it. Page 18 July 7, 2015 Okay, I'm good. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: Thank you. Can you explain to me why we don't have two hearings on the Pelican Bay MSTU budget? Is there a reason that we're at one? It may be acceptable, I just don't remember. I remember we had some discussion on it in the past. I just don't recall what prompted the single hearing as opposed to two. MR. OCHS: Commissioner, there's only one required by law. There's only been one held historically. If the Board wants to hold the second one, I don't know that there's anything that legally prohibits you from doing that. COMMISSIONER HILLER: And are we holding two hearings on all the other MSTUs? MR. OCHS: Well, the other MSTUs are part of your budget just like this is, and this first hearing coincides with your first two required advertised public hearings to adopt your county budget. COMMISSIONER HILLER: So it wouldn't prohibit anyone from making public comment at the second hearing on the Pelican Bay MSTU if they so choose. MR. OCHS: No, ma'am. COMMISSIONER HILLER: So we can have one hearing, in other words, one presentation, because we don't get presentations on the other MSTUs. MR. OCHS: No, you don't. COMMISSIONER HILLER: All right. And so I guess in the interest of efficiency to avoid the staff from presenting the same issue twice, is that the reason we're limiting it to one but still allowing for public comment on it? Because we're not really -- I mean, we're not -- if I understand correctly, it's being presented once, but it's being Page 19 July 7, 2015 included at both hearings; is that a fair assessment? MR. ISACKSON: Commissioners, for the record, Mark Isackson. Understand that you have an ad valorem tax on most of your MSTUs that's governed by the TRIM process. That's why you have two hearings. This is an assessment; it's not part of the TRIM process. That's why you only have one hearing. COMMISSIONER HILLER: And so for the other MSTUs you only need one hearing as well to the extent there's any hearing. We just don't actually have a hearing -- we don't have anyone presenting on those other MSTUs. MR. ISACKSON: If you're levying an ad valorem tax, you're governed under the TRIM statute which requires two hearings. COMMISSIONER HILLER: Right, I understand. But I'm just concerned about the MSTU, about the assessment hearings. We're only required to have one. And with respect to Pelican Bay, we actually have a presentation on the one and we don't do any presentations on the other MSTUs. MR. ISACKSON: Well, to the extent that I'm required to do presentations under the TRIM statute, I do that for all the MSTUs. And essentially what you're doing is reading the rolled-back rates -- COMMISSIONER HILLER: Right. MR. ISACKSON: -- and all of that stuff. COMMISSIONER HILLER: So again, my -- I just want to clarify. For purposes of the MSTU, we're treating the Pelican Bay MSTU and the other MSTU the same with respect to your presentation. We're adding another presentation for the Pelican Bay MSTU by having staff present in addition above the basic requirement that all MSTUs are required to comply with your presentation. MR. ISACKSON: To the extent the lighting district levies a tax, you have your two hearings. With respect to the assessment you have Page 20 July 7, 2015 one presentation at the first hearing before you actually launch into your MSTU hearings. COMMISSIONER HILLER: Got it. Well, in that case, I think it makes sense to leave 16.F.6 the way it is. Thank you. MR. ISACKSON: Thank you, Commissioners. CHAIRMAN NANCE: Okay, any -- Commissioner Taylor? COMMISSIONER TAYLOR: The explanation came forward. I'm pleased and agree with Commissioner Hiller. CHAIRMAN NANCE: Thank you, ma'am. Do we have a motion to approve today's regular consent and summary agenda as amended? COMMISSIONER FIALA: Yes, motion to approve. COMMISSIONER HILLER: I'll second it. 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 FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: It's approved 4-1 with Commissioner Henning in dissent. Page 21 Proposed Agenda Changes Board of County Commissioners Meeting July 7,2015 Add On Item 12B: Recommendation to approve and accept a proposed Settlement Agreement to finally resolve all Collier County claims in the matter of In re:Oil Spill by the Oil Rig"Deepwater Horizon"in the Gulf of Mexico on April 20,2010 now pending in the United States District Court for the Eastern District of Louisiana,Case No.MDL 2179 Section J. (County Attorney's request) Move Item 16F8 to Item 11F: Recommendation to approve Amendment#1 to contract 15-6433 Production of the Tourism Guide to Miles Media Group,LLLP,authorize the Chairman to execute the County Attorney approved amendment,and make a finding that this expenditure promotes tourism. (Commissioner Taylor's request) Move Item 16D16 to Item 11G: Recommendation to approve the recommendation to modify the endowment related to the County's acceptance of properties donated to Conservation Collier as offsite preservation under the Land Development Code(LDC)Section 3.05.07,H.1.f.iii.a.and b. (Commissioner Henning's request) Move Item 16F4 to Item 11H: Recommendation to approve the First Amendment to the Agreement between the Southwest Florida Economic Development Alliance,Inc.and the Board of County Commissioners. (Commissioner Henning's request) Add On Item 16H5: Recommendation to appoint a member to the Collier County Planning Commission. (Commissioner Hiller's request) Note: Item 16D7— Page two of the agreement under the paragraph entitled"administrative costs",the specified dollar amount should read: ' .• . . . • . - • . - • • • six-thousand four- hundred fourteen($6,414). (Staffs request) Item 16F2— Legal name of C-2 Grant Organization should read: Florida Southwest Florida Holocaust Museum.Inc. (Staffs request) Time Certain Items: Item 9A to be heard at 9:45 a.m.,followed by Item 9B Item 11E to be heard at 11:00 a.m. Item 9F to be heard at 1:30 p.m.,followed by Item 11D Item 9C to be heard at 5:05 p.m.,followed by Item 9D Item 12A to be heard immediately following Item 9D 7/23/2015 2:15 PM July 7, 2015 Item #2B BCC REGULAR MEETING MINUTES FROM JUNE 9, 2015 — APPROVED AS PRESENTED CHAIRMAN NANCE: The regular meeting minutes of June 9. COMMISSIONER FIALA: Motion to approve June 9 regular meeting minutes. CHAIRMAN NANCE: I'll second that. Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: It's approved unanimously. All right, would the Commissioners -- is Mr. Millot here today, sir? Item #3A SERVICE AWARDS — RETIREES MR. OCHS: Yes, sir, I have the opportunity to honor a recent retiree with 30 years of distinguished service to our Emergency Medical Services Department, and that is Frank Millot. Frank, if you'd Page 22 July 7, 2015 step forward and be recognized. (Applause.) MR. MILLOT: That was a quick 30 years. Item #4 PROCLAMATIONS (ONE MOTION TAKEN TO ADOPT PROCLAMATIONS) — ADOPTED Item #4A PROCLAMATION DESIGNATING JULY 7, 2015 AS IRVING BERZON DAY, RETIRED COLLIER COUNTY ENGINEER, FOR HIS CONTRIBUTIONS BENEFITING ALL CITIZENS OF COLLIER COUNTY THROUGH HIS FARSIGHTED AND DEDICATED EFFORTS. ACCEPTED BY IRVING BERZON — ADOPTED MR. OCHS: Mr. Chairman, that takes us to Item 4 under your agenda this morning, proclamations. Item 4.A is a proclamation designating July 7, 2015 as Irving Berzon Day, retired Collier County engineer for his contributions benefiting all citizens of Collier County through his farsighted and dedicated efforts. To be accepted this morning by Irving Berzon. Mr. Berzon, if you'd step forward and receive your proclamation, sir. Congratulations. (Applause.) CHAIRMAN NANCE: Mr. Berzon, I'm being asked to read this proclamation, because everybody thinks so much of you, so if you would indulge me, sir, and turn around and enjoy everybody's appreciation. Page 23 July 7, 2015 WHEREAS, Irving Berzon, a proud World War II veteran, became the county engineering in 1973, he initiated Collier County Utilities, building the first water and wastewater treatment plants, which eventually became the South Regional Water Plant and the North Regional Water Reclamation Plant; and WHEREAS, as the county engineer he also built the first regional sanitary landfill, which is still in use today, designing all roads leading to the landfill and an elevation for a 100-year storm event. Notably garbage collection service continued unabated during a number of hurricanes and tropical storms, including Hurricane Wilma; and WHEREAS, as county engineer, Irving Berzon successfully initiated the first subdivision rules including sidewalks and stormwater treatment systems, minimizing routine local flooding; and WHEREAS, he also established the first safe local community traffic flow, designing the appropriate width for lanes, medians, sidewalks and room for slower motorcycles and bicycles on each shoulder of the roadways; and WHEREAS, Irving Berzon leaves a legacy of visionary public water resource planning and management and critical infrastructure designed for the future. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida recognizing his contributions and vision that July 7th, 2015 be designated as Irving Berzon Day. (Applause.) COMMISSIONER TAYLOR: Do you want to say anything? CHAIRMAN NANCE: Yes, he's going to make a couple of remarks. He's going to give us some guidance on how to keep Dr. George straight over here. MR. BERZON: As I said before, I -- I talk faster than I walk, so just give me a moment. Page 24 July 7, 2015 MR. OCHS: Do you want to come over here? MR. BERZON: Oh, yeah. I promise this won't be as long as the approval of the agenda. Good morning, Mr. Chairman. COMMISSIONER TAYLOR: The approval of the agenda. MR. BERZON: Good morning, Mr. Chairman and Commissioners. I wish to take this opportunity to thank you all for recognizing the work I initiated and accomplished during my tenure as county engineer and public works director. Although it's been many years ago that I was involved with the county, I'm gratified to see that most of the programs I initiated are still ongoing and further enhanced to meet the county's needs of today. I also wish to express my gratitude to Dr. George Yilmez, your esteemed Public Utilities Administrator for initiating this process which has led to your action today on my behalf. With my sincerest gratitude to you all I say again, thank you. (Applause.) Item #4B PROCLAMATION RECOGNIZING YAHL MULCHING & RECYCLING, INC. FOR THEIR EFFORTS IN RECYCLING AND REDUCING WASTE, AS THE RECIPIENT OF COLLIER COUNTY HAZARDOUS AND SOLID WASTE DEPARTMENT'S WASTE REDUCTION AWARDS PROGRAM (WRAP) AWARD. ACCEPTED BY JOHN AND TERESA FILLMORE, OWNERS OF YAHL MULCHING & RECYCLING, INC ADOPTED MR. OCHS: Item 4.B is a proclamation recognizing Yahl Mulching and Recycling, Incorporated for their efforts in recycling and reducing waste as the recipient of Collier County Hazardous and Solid Page 25 July 7, 2015 Waste Department's Waste Reduction Awards Program award, to be accepted by John and Teresa Fillmore, owners of Yahl Mulching and Recycling, Incorporated. (Applause.) COMMISSIONER HILLER: Motion to approve. CHAIRMAN NANCE: There's a motion, and I'll second that. Motion to approve and second the proclamations. Any discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you very much. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR JULY 2015 TO STOCK DEVELOPMENT. ACCEPTED BY BRIAN STOCK, CEO, STOCK DEVELOPMENT; KEITH GELDER, DIRECTOR OF LAND DEVELOPMENT, STOCK DEVELOPMENT; AND JOHN COX, PRESIDENT AND CEO, THE GREATER NAPLES CHAMBER OF COMMERCE — PRESENTED MR. OCHS: Commissioners, Item 5.A is a presentation of the Page 26 July 7, 2015 Collier County Business of the Month for July, 2015 to Stock Development. To be accepted by Brian Stock, CEO of Stock Development, Keith Gelder, Director of Land Development, and John Cox, President and CEO of the Greater Naples Chamber of Commerce. Gentlemen, if you'd please step forward. (Applause.) COMMISSIONER TAYLOR: Mr. Cox? COMMISSIONER FIALA: Did Christy Bartlett have her baby? COMMISSIONER HILLER: Yes, she absolutely did. And it's adorable. Or the baby's adorable. COMMISSIONER TAYLOR: Congratulations, Christy. Item #6A PUBLIC PETITION FROM MR. PETERNAL FRANCOIS REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS INCREASE THE PENALTIES FOR TAXI LICENSE VIOLATIONS - MOTION FOR THE COUNTY ATTORNEY TO BRING BACK INFORMATION TO THE BOARD IN SEPTEMBER — APPROVED MR. OCHS: Item 6.A is a public petition request from Mr. Peternal Francois requesting that the Board of County Commissioners increase the penalties for taxi license violations. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN NANCE: Yes, sir. COMMISSIONER HENNING: This is an ongoing code enforcement case. CHAIRMAN NANCE: Yes. COMMISSIONER HENNING: So under our rules the Board Page 27 July 7, 2015 shall not have any discussion after the presentation. COMMISSIONER TAYLOR: Okay. CHAIRMAN NANCE: Sir. MR. FRANCOIS: Good morning. Thank you. I want to start by explaining the process -- well, not the process, what Uber Technology and the new industry called Network Transportation is. Essentially Network Transportation Company generally enters into the local market without seeking prior approval from regulators, because Network Transportation companies wants to play by its own rules. Avoiding fees and driver for hire that are required to pay like property -- I mean proper licenses, decal, permits to conduct ground transportation on the streets of Collier and the airport. Sometimes price gouging customers by using search pricing. Network Transportation companies are more than just an application on your smart phone for arranging transportation service, for compensation, using an on-line enabled base application such as a smart phone app. to connect drivers and using their personal vehicle for passengers. It's a company using an app. to dispatch to independent contractors. Essentially they are not performing the same function -- essentially they are performing the same function as a livery or dispatch office does, and charge -- and does not change the underlying nature of the transportation service being offered. The app. is served as a taxi meter because it calculates the distance in a fair which Uber takes a percentage of which is similar to a taxi lease. As some of you may already know, Uber and Lyft drivers are not using commercial insurance policies, they're using their personal automobile insurance policy, meaning the passengers are not covered in the event of an accident. Because the drivers are -- because the driver was using their Page 28 July 7, 2015 personal automobile policy for hire, the insurance company can and will deny any claim in the event of an accident, leaving the passenger or the public at risk, where they will face -- at risk with unpaid medical bills and injuries. The driver's insurance policy will cancel. And on the company's website it says it carries a $1 million policy. The policy only covers the passenger for the duration of the ride. When the drivers make side arrangement with passengers without using the app., that will leave a coverage gap in insurance where the rider will not be covered, because the app. will -- I mean the insurance will cover you only when the app. is on. If the app. is not on -- where most of the time you will find passengers that will make personal arrangement with the driver, if they like the person, they'll be like I want this person to pick me up again. But if the app. is not on where the driver is going around Uber, then that passenger is not covered. We need to assure that the necessary steps and measures have been taken to provide the most orderly, efficient and safe taxi and livery service to all citizens and visitors who use these service within the city streets, we need to protect the safety and well-being of the resident and visitors of our city streets who use the service of vehicle for hire to meet their transportation need. The prevent-- the prevention of unfair, deceptive and predatory practice we urge your support for stronger regulation on illegal taxi operation here in the streets of Collier County. We need the County Attorney Office to prepare a motion for injunction to be filed. They must cease operation in Collier County until their drivers fall in line with county taxi laws and transportation regulation. We need to make illegal operation more expensive to operate so that the driver and the company could be motivated to follow the regulation, strict penalty to allow the city and the county staff to better serve as the code enforcement department says, they are limited to what they can and Page 29 July 7, 2015 cannot do as far as the regulations go. But if we do make it a misdemeanor, that will deter the drivers from driving without the proper licensing. So what I'm asking today is for -- is that you consider making it a misdemeanor so that drivers could think twice before they get behind the wheel with the Uber app. on. I have some headlines where a driver who had three previous DUI got approved by Uber to drive passengers. And on the way to a passenger he got pulled over where he got a fourth DUI. I'm sure some of you have seen the news. And on top of that, Broward County -- yesterday around 5:00 Uber announced that they would leave Broward County because Broward County stand behind their ordinance, and they ask that Uber Technology either follow it or pack up and go, which is exactly what the headlines said. And I've been in touch with a few other counties, and I talked to code enforcement. Hillsborough County already have their cease and desist petition already done, ready to file. And I have a copy of it right here in case the Commissioners want to go over it. Furthermore, I have a copy of the ordinance here which states: Providing for Collier County vehicle for hire license requirement, establishing penalty, providing for inclusion in the code of law and ordinance. So technically -- well, basically what we're asking as the cab industry is for that ordinances be updated or somehow enhanced to fit the -- for the same rules to apply to both Uber and Lyft, or any other ride-sharing company that's functioning here in Collier County. Because we have to have put the safety of our residents, because we don't want these to start happening more often. If you look at the news, all you got to do is type Uber, you will find everything such as passenger getting raped -- this is the headline Page 30 July 7, 2015 for Broward County where the Uber Technology announced they would leave starting the 31st of this month. I don't know if you have any questions. CHAIRMAN NANCE: Thank you, sir. Commissioner Henning, then Commissioner Hiller. COMMISSIONER HENNING: That was from before, my light. CHAIRMAN NANCE: Oh, I'm sorry, sir. Commissioner Hiller. COMMISSIONER HILLER: I just wanted to know who all the gentlemen were sitting in the back of the room. MR. FRANCOIS: We have some of the taxi drivers and owners here today to support the request. COMMISSIONER HILLER: And the record should reflect how many people are in the back that are taxi drivers. MR. MILLER: Mr. Chairman, I did have one gentleman registered to speaker. I explained to him that we do not accept speakers on public petitions. CHAIRMAN NANCE: We do not take speakers on public petitions. I'm sorry. As Commissioner Henning indicated, this is an active code enforcement case, Commissioner; is that correct? So we're going to limit comments. Commissioner Taylor, any questions? COMMISSIONER TAYLOR: How much -- we can't discuss specifically the concept of Uber and where we stand as a county in terms of regulation? MR. KLATZKOW: You can talk about that if you'd like. COMMISSIONER TAYLOR: Okay, I'll keep my remarks specifically to that area. MR. OCHS: Sorry for the interruption, Commissioner. I'm told by our Code Enforcement Director that we do not -- this Page 31 July 7, 2015 is not an active code case at this time. COMMISSIONER TAYLOR: Oh, good. So Mr. County Attorney, where do we stand with regulation according -- regarding Uber? It's my understanding that the country of France has just outlawed Uber. So where are we on this list? MR. KLATZKOW: Well, we deregulated this industry a couple of years ago. If you want to bring action against Uber, and Uber's based well outside of Collier County, as you know. If you want to bring action against them, you're going to have to amend your ordinance to specifically provide that they fall within the ambient of the ordinance. At that point in time we can take action against Uber itself. Right now at this point in time really you're just left going after the drivers. COMMISSIONER TAYLOR: Okay. I would support that. I don't know about my colleagues. CHAIRMAN NANCE: I'll make a motion that we just have the County Attorney look into it and come back to the Board in September with some recommendations as to our options. COMMISSIONER FIALA: That's a good idea I'll -- COMMISSIONER TAYLOR: Second. COMMISSIONER FIALA: -- second that. CHAIRMAN NANCE: Discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER HENNING: Aye. Page 32 July 7, 2015 CHAIRMAN NANCE: Approved 4-1 with Commissioner Henning in dissent. COMMISSIONER TAYLOR: And Mr. Francois; is that correct? MR. FRANCOIS: Yes. COMMISSIONER TAYLOR: Thank you for coming here today. English is not your native language. MR. FRANCOIS: No. COMMISSIONER TAYLOR: You are to be commended for taking the courage to come and speak to us on your presentation. Thank you. MR. FRANCOIS: Thank you. CHAIRMAN NANCE: All right, sir. Mr. Ochs, I think that takes us, as the Board indicated, to Item 11.H? Item #11H FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE, INC. AND THE BOARD OF COUNTY COMMISSIONERS — APPROVED MR. OCHS: Yes, sir, that was previously Item 16.F.4, moved to the regular agenda at Commissioner Henning's request. It's a recommendation to approve the first amendment to the agreement between the Southwest Florida Economic Development Alliance, Incorporated and the Board of County Commissioners. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, I don't know why the Alliance can't bear the cost of this item instead of the county. It's their request. Is there a reason? Alliance is what, the Chamber of Page 33 July 7, 2015 Commerce? MR. OCHS: No, sir, they're their own organization. Bruce? MR. REGISTER: Commissioner, Bruce Register, your Director of Office of Business and Economic Development. This was a request that came to us as part of the agreement that we had with the Alliance as a result of offsetting their costs for personnel, including salaries and benefits, as well as our marketing expenditures. Part of the compensation for their staff was to hire, and part of our agreement with them was to provide professionally directed regional economic development services. Part of their recruitment process for filling that position involved relocation expenses to achieve the kind of proficiency and content expertise required for this kind of position. COMMISSIONER HENNING: I didn't get my question answered. MR. REGISTER: Could you repeat your question, sir? COMMISSIONER HENNING: Why can't the Alliance take it out of their portion of the agreement? And who is the Alliance? MR. REGISTER: The Alliance is the Southwest Florida Regional Economic Development Alliance, comprising of the five counties in Southwest Florida region. It's -- we have an interlocal agreement among other counties to support financially alongside private dollars that have been collected and raised from the community to pursue a regional effort of aligning our economic development interests and providing marketing services collectively for the region. COMMISSIONER HENNING: Well, in the agreement it's stating to amend it for benefits such as relocation health benefits. However, we don't know what the titles are of people who are going to Page 34 July 7, 2015 receive this. We don't know what the salaries are. MR. REGISTER: Commissioner, the -- MR. OCHS: Commissioners, you have members of the Alliance here that may be able to address some of those questions. MR. BERGLUND: Thank you very much. My name is Eric Berglund, I'm the Executive Director for the Southwest Florida Economic Development Alliance, and we were formed in late 2013 as a private 50106, and it is a public/private partnership. Collier County took the lead on the public side back in January when you approved the $100,000 worth of funding. The current agreement that we operate under is an expense reimbursement agreement. So the reason that this request came forward was when it got to the finance department, there needed to be further clarification as to what salary and benefits meant. So that's one of the reasons that this came forward. Currently with our reimbursement request the finance department and Bruce received all our information as to who we are and what we do and who's being paid what. And I'm happy to answer any of those questions that you have as well. COMMISSIONER HENNING: Who are we paying $10,000 for relocation? MR. BERGLUND: I received the $10,000 relocation funds. COMMISSIONER HENNING: Okay, and your title is again what? MR. BERGLUND: I'm the Executive Director of the Alliance. I'm the first full-time professional staff they hired. COMMISSIONER HENNING: And why can't those benefits be taken out of the Alliance's share instead of Collier County's share? MR. BERGLUND: They can be. The Alliance does have -- we have two different funding streams, so we have the public dollars and the private dollars. Page 35 July 7, 2015 One of the things is because the agreement had indicated that it was salaries and benefits. When the question came back as to what did the commissioner -- Commission originally mean by benefits, that's where I was recommended by the Clerk that we come forward for clarification of what your original intent was and that's why this item was here. As far as the moving of dollar amounts, that was just to more accurately reflect what we've got in place for other funding agreements with other counties as well, to make sure that there's parity amongst our government officials that -- or public entities that you're not being unduly burdened on one side or the other, given the fact that we're here representing five of the counties. COMMISSIONER HENNING: Thank you. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Fiala. COMMISSIONER HILLER: Thank you. Yeah, the Regional Economic Alliance when it was first formed predominantly had private sector members. And Collier County became the first governmental entity that joined and set the trend for other governments to join as well. And this is the second year of our membership. This year we made the additional commitment of contributing $100,000, and Lee County has matched that. And what was done was rather than give $100,000 grant without a clear understanding of how that money was spent, it was requested that a budget be attached to that grant and that everything be done on a reimbursement basis, supported by documentary evidence to show that the funds were being used for the purpose that the county intended it to be used, which is for the advancement of the Regional Economic Development initiative that we as a board are wholeheartedly committed to. Page 36 July 7, 2015 I make a motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: Commissioner Fiala, there's a motion and second on the floor. COMMISSIONER FIALA: Thank you very much. Commissioner Hiller, did each county then donate $100,000 so they have one big -- COMMISSIONER HILLER: No, because there are counties that can't afford to, like Hendry County and Glades County and Charlotte County. I mean, it would be a burden on them. So because we had the wherewithal to do it, we volunteered and we as a board voted and Lee County followed suit and did the same. The private sector has donated a great deal, substantially more than us. So it's basically in effect a contribution by the counties that had the wherewithal to make the contribution. And the hope is that these other counties eventually will have the tax revenues to allow for a contribution. But at this point it's just the two bigger counties that are voluntarily contributing. And it's a voluntary donation. It's not required of us. And we're doing it because as of right now we're the leaders in this regional initiative, which is very positive. And we hope that they will benefit as a result and generate those dollars to be able to be contributors down the road. COMMISSIONER FIALA: Thank you. CHAIRMAN NANCE: Yes, I certainly can support this motion. I think the Economic Development Alliance has got tremendous regional potential. I think it's a new program that's coming from a fresh perspective and I think having professional management is very, very essential, so I'm going to support it. Is there any further comment? (No response.) Page 37 July 7, 2015 CHAIRMAN NANCE: There's a motion by Commissioner Hiller and second by Commissioner Fiala for approval. Excuse me, Commissioner Taylor. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: It's approved unanimously. Thank you. Item #9A ORDINANCE 2015-42: THE LIVINGSTON/PINE RIDGE COMMERCIAL INFILL SUBDISTRICT SMALL-SCALE AMENDMENT TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED, FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. (ADOPTION HEARING) (PL201400001282/CPSS-2014-2) [COMPANION TO PETITION PUDZ-PL20140001326] — ADOPTED MR. OCHS: Mr. Chairman, that takes us to your 9:45 time certain hearing item this morning. That is Item 9.A. This is a recommendation to deny the Livingston/Pine Ridge Commercial Infill Subdistrict Small-Scale Amendment to the Collier County Growth Management Plan. That will be -- this item will be followed by Item 9.B, which is a companion item, and that is a consideration of a change in the zoning Page 38 July 7, 2015 classification from agricultural zoning district to commercial planned unit development zoning district for the 10.47 plus or minus acre parcel to be known as the Germain Honda CPUD to allow construction of an automotive sales facility. CHAIRMAN NANCE: Yes, sir. And both of these items require four votes in the affirmative for passage. MR. OCHS: And the Item B, sir, also requires ex parte disclosure and swearing in of participants. CHAIRMAN NANCE: Yes. MR. OCHS: Mr. County Attorney, do you want to hear these together and vote on each separately? MR. KLATZKOW: Yeah, on this particular one I think we can hear them both together. CHAIRMAN NANCE: All right, if that's getting affirmative nods by the Board we'll do that. So at this time let's have ex parte disclosure and we'll kind of open the hearing here. Commissioner Taylor? COMMISSIONER TAYLOR: Yes, I've had two meetings with the petitioner and his attorney. I've talked to staff about it. That's the degree of the -- you know, and read the reports, of course. That's all I have to declare. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, thank you. I've spoken with Bruce Anderson. I've also spoken with the Germain representative. I've had meetings and I've had emails. That's on both. Oh, also -- no, no different one, excuse me. That's all. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I have had meetings, emails and calls, and I've reviewed the staff report -- the staff reports, I should say. CHAIRMAN NANCE: Commissioner Henning? Page 39 July 7, 2015 COMMISSIONER HENNING: Spoke to staff on it. CHAIRMAN NANCE: Yes, thank you. I've read the staff report -- supplemental staff report. I've had meetings with the petitioner's representatives and with staff. Would all those wishing to testify, please rise to be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN NANCE: I have two lights on. Commissioner Fiala, you wish to hear Mr. Anderson present first? COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: Well, I guess so. But could I suggest that after his presentation we start by voting on 9.A? CHAIRMAN NANCE: Yes, we'll have two separate votes. COMMISSIONER HILLER: Okay, thanks. CHAIRMAN NANCE: Mr. Anderson? MR. ANDERSON: Good morning, Mr. Chairman, Commissioners. My name is Bruce Anderson from the law firm of Cheffy Passidomo, and I'm here on behalf of the petitioner. I'd like to introduce a couple people. First Mr. Flavio Galasso, Vice President and Director of Operations for the Germain Motor Company. Dominic Amico, the Project Engineer from Agnoli, Barber and Brundage. Jane Eichorn, the Permitting Coordinator, also from Agnoli, Barber and Brundage. And Norman Trabilcock, the Project Planner and Transportation Engineer. As was noted, we have two applications pending: One to amend the Comprehensive Plan and the other for a PUD rezoning. To the greatest extent possible I will address both together. This property is located at the intersection of two six-lane roads. It's approximately a 10-acre quarter parcel at Livingston and Pine Ridge Roads. Property is presently used for a retail nursery and a pool Page 40 July 7, 2015 cleaning company. This parcel is in an existing Livingston/Pine Ridge commercial infill district which allows medical and general office uses. This amendment of the Growth Management Plan would allow one additional use only, that of a new and used car dealership. As you'll note on the overhead projector, more than half of this site is subject to a Florida Power & Light easement that's 225 feet in width. This limits the utility, the property, for many uses, because of the restrictions that FPL puts on what may occur within its easement area. Mr. Amico has had preliminary discussions with FPL regarding this project, and although they have reserved final approval 'til they see construction plans, they've indicated that they have no objections. There are a -- the Zoning Department recommends approval, but the Comprehensive Planning Department does not, seeking more information about why this property was selected instead of others. We did provide more information as requested and made two separate submissions containing an evaluation and commercial inventory analysis. We reviewed at least nine other properties in Central Naples, East Naples, South Naples and the Golden Gate planning districts. Plain and simple fact of the matter is, this site was chosen because it is at the intersection of two six-lane roads, it's already designated for commercial use, it's the right size, and it abuts only other nonresidential uses. Also this property is centrally located in proximity to more than 50 percent of the satisfied client customer base of Germain Honda and the American Honda Motor Company which must approve any new location, limited the site to no farther north than Pine Ridge Road, and they have approved this location. There are a number of operational restrictions in the PUD document, including the Dark Sky lighting limitations. Page 41 July 7, 2015 One clarification that I made at the Planning Commission that I want to make again on the record today is regarding operating hours. If a customer needs to drop off or pick up their car outside of the normal operating hours, of course my client is going to accommodate the customer's needs. There will be one entrance on Pine Ridge Road and one on Livingston. And one of the very specific factors that the State Growth Management Act lists for consideration for a Growth Management Plan Amendment is, quote, the need for job creation, capital investment and economic development that will strengthen and diversify the community's economy. This act goes on to state that the amount of land designated for future planned uses shall provide for a balance of uses that foster economic development opportunities and allow the operation of real estate markets to provide adequate choices. These applications are for economic development to retain and grow a successful local Honda dealership which faces increased competition from Lee County which will now have two Honda dealerships; the newest one is in Estero. We all want to keep sales tax revenues for the sale of cars in Collier County and not allow Lee County to poach on that by default. It is projected that the annual sales tax revenues will increase from their current estimated level of$1.8 million annually to $2.7 million annually in the first five years of operation at the new location. This relocation and expansion of Collier County's only Honda dealership represents a capital investment of$13 million to build a state-of-the-art facility. Over the next five years of expansion at the new dealership location it's estimated that 29 new technical management sales and support staff jobs will be added. The projected salary range for the new jobs is from 38,000 to $120,000. Germain Honda workforce currently provides employment for 63 people. Page 42 July 7, 2015 In conclusion, the Planning Commission unanimously recommended approval, and we respectfully request that you follow their recommendations. And I and the other members of the project team are available, should there be any questions. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Fiala. COMMISSIONER HILLER: Thank you. This project is in my district, and I have looked at this site and the site has presented a great deal of concern to me because of the power lines. And to find a company that is willing to make a $13 million investment as well as hire so many people at a high wage on that parcel is very positive. Our zoning department has studied this and has deemed it a suitable use for the site. And it does seem that based on the evidence that was presented at this hearing that this company within the limitations of being a franchise has clearly explored a number of alternatives. And I am personally very pleased that they have picked this site, which might not be as well developed by a different user because of the limitations of the power lines, which is the yellow area you see over here. This business is uniquely able to use this site because they can use the back area where the power lines are for parking the vehicles. Whereas, you know, another retail operation might not have the same benefit. And it would be potentially detrimental for them to be next to a power line grid like that. So I've reviewed this very carefully. I think it really does make sense to be situated at that intersection. And so with that, I would like to make a motion to recommend that we do adopt the small-scale amendment to the GMP for transmittal to the Florida Department of Economic Opportunity. COMMISSIONER FIALA: I'll second the motion. Page 43 July 7, 2015 COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Commissioner Fiala seconds the motion and Commissioner Fiala will speak next. COMMISSIONER FIALA: Yes, you said everything about it that I wanted to say but you said it eloquently, and it is your district so I'm glad you were first up to bat. I just wanted to say, this site isn't suitable for much of anything. You're certainly not going to be building houses there or anything. And there are definitely businesses that just couldn't fit in there. So I was so pleased to see that they came up with this idea when they visited me in my office. And I felt that I would totally support it. And I find it interesting the color that they put the power lines on, it almost looks like electric, doesn't it, with that color? Anyway, so I wholeheartedly support this. CHAIRMAN NANCE: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Yes, I'd like to hear from Mr. Weeks, please. Mr. Weeks, you recommended denial because it doesn't -- there's a conflict with the Comprehensive Plan. Specifically regarding the marketing issues, could you please explain your position on that? MR. WEEKS: Certainly. First of all, for the record, my name is David Weeks of the Comprehensive Planning staff for the county. Commissioner, the applicant provided an analysis of commercial inventory that actually staff provided to the applicant. It was available on line, we provided it to the applicant for easier use because we put it in Excel document. The inventory we provided was the existing commercial zoning only. It did not include Comprehensive Plan designations that would allow for commercial development of the specific use they're proposing. Page 44 July 7, 2015 They did do an analysis of the commercial zoning. What they did not do was -- what they did do was evaluate properties comparable to the size of the subject site; that is, approximately 10 acres. What they did not do was look at smaller parcels that -- if there were any, smaller parcels that were adjacent to one another that could be aggregated. They also did not look at larger parcels that potentially could be disaggregated, parceled off. That was the shortcoming that staff identified. They also did not look at all of the properties that were designated in the Comprehensive Plan to allow commercial development but not yet zoned for commercial development to accommodate the use they're proposing. So in staffs position, they did not complete the evaluation of available properties within their defined market area. You may have read that they do have limitations, as Mr. Anderson indicated, based on a settlement agreement between Germain Honda and American Honda Corporation, I believe it is. Staff recognized that, and we did not ask them to look beyond those constrained boundaries. So that's the short of it for how we found their analysis to not fully be completed, therefore to demonstrate the need. A second reason for the staff recommendation of denial is based on the current level of use intensity that lies east of Livingston Road versus west. The subject site is west of Livingston Road. East of Livingston Road on both sides of Pine Ridge Road we have higher intensity commercial development all the way to and beyond I-75. But west of Livingston Road it's much lower; it's residential or institutional. In staffs opinion it was an appropriate break at Livingston Road. The subject site presently is allowed commercial development but limited to office use only. And that's it. COMMISSIONER TAYLOR: Thank you very much. CHAIRMAN NANCE: Thank you. Page 45 July 7, 2015 COMMISSIONER FIALA: In other words, this is actually a soft denial. It's really an ideal place. And when they found something, you know, even though they've looked in other places, this was an ideal location because it's a site that not many others can use, right? So that's a soft denial? I got it. MR. WEEKS: It's a denial. It's a denial. They may have been able to demonstrate if they would have gone further, I just can't say. I'm not going to speculate what they would have found. We just found that they had not gone far enough. CHAIRMAN NANCE: Yes, I'd like to make a comment and then go back to Commissioner Hiller. I certainly support Commissioner Hiller's motion. I think -- I originally did some consulting on this location, actually for the existing nursery that's there now. I think it's a location that's got a great deal of potential. I certainly want to respect Honda Motor Company and Germain Honda's efforts to enhance their dealership and bring economic development to Collier County. I do respect Mr. Weeks' opinion, but I think Collier County wants to be inviting to people and give people an opportunity to make the determination that they can make. I think -- I'm very impressed by their commitment to go to things like Dark Skies lighting for their new dealership. I think we had a wonderful response to that from Mr. Zellers family what he did on Airport Road to really make a nice and very compatible dealership. So I will support the motion. Go back to Commissioner Hiller, then Commissioner Taylor again. COMMISSIONER HILLER: I don't think that we as a Board can use a market study to dictate to any petitioner that they need to consider the purchase of properties through assemblages or Page 46 July 7, 2015 disassemblage. We can't in any way suggest that separate property owners are going to agree to sell individual parcels to put an assemblage together, nor can we force a property owner to parcel off say 10 acres out of 15 acres and sell a smaller piece to accommodate what you're suggesting, Mr. Weeks. I don't believe market studies were intended to do what you are suggesting or how you are suggesting they ought to be used. And it really gives me great concern because, you know, if we've got someone, if we have a petitioner, not necessarily specifically this petitioner, but any petitioner that finds a site that suits the particular use, and our Planning Department has determined that this is an appropriate use, it seems to me unreasonable to apply the market study in this fashion. I understand where market studies are applied; for example, to look at how much commercial we have in totality, not by industry but in total, or how much retail we have or how much residential we have. And I do appreciate that. But in this particular case, this very unique application of a market study as a planning guide is not what I believe how market studies were intended to be applied. And maybe what we need to do, and this is a suggestion, and I think I would turn to you, Mr. Casalanguida, I know that, you know, 163 was modified, when was it, in 2012? MR. CASALANGUIDA: 2011. COMMISSIONER HILLER: 2011, pardon me. And I remember at that time we basically said that staff should, you know, apply 163. I think what would make sense, it really should not be part of this discussion, but I'll introduce it at this point, is have staff come back in the fall with clear guidelines of how market studies and other studies will be applied in these kind of situations so that the petitioners are on notice as to what is expected of them and why and that they produce Page 47 July 7, 2015 that level of information. You know, providing the market analysis, as was actually provided to them, and them going to look at these sites is one thing. To suggest that they should have gone beyond that and look at assemblages and disassembling larger parcel I think is going beyond what should be asked of them. So, you know, I appreciate what Mr. Weeks has said, but it doesn't seem to be the appropriate standard in this case. And again, my concern is, I mean, the development of this site is very difficult. Very difficult. And to actually have a business where our zoning department deems it an appropriate use I think is what is clearly persuasive in recommending approval in this instance. And I do appreciate, you know, your professional involvement, Mr. Weeks. But I do think we need to have clearly defined guidelines for the future. And it would be prejudicial in this case to deny on that basis with respect to the recommendation to send this to the Department of Economic Opportunity. MR. WEEKS: Commissioner, may I respond? COMMISSIONER HILLER: Sure. MR. WEEKS: Not to the -- COMMISSIONER HENNING: We're going to be here all day. MR. WEEKS: -- suggested direction. First of all, what they submitted is not a market study. A market study would be far more detailed than what they provided. I won't go into the detail about it other than to say that they did not provide it nor did staff ask for it, because we did recognize the uniqueness of this petition. Most applications for commercial amendment to the Comprehensive Plan include a variety of commercial uses comparable to our C-3 or C-4 zoning districts. And so the end use in most cases is a shopping center. And so we get into the different types of, you know, community shopping center, regional neighborhood, and there's Page 48 July 7, 2015 specific details of what a market study should be in those instances. But we recognize that this was a unique use. A single use. COMMISSIONER HILLER: Thank you. MR. WEEKS: It was not going to be a shopping center. So we asked for less than we typically would. They provided less as well. The other comment I would say -- COMMISSIONER HILLER: Then let me correct my statement. I was overly broad if I called it a market study. Whatever -- however you'd like to professionally call it, I'm not sure what the appropriate term is, but I understand your point. MR. WEEKS: The other thing has to do with -- a couple more points. One is ownership. In this particular case it's my understanding that the applicant owns the property. And that sometimes is the case for planned amendment petitions that come before you. I would say it's more typical that the property is under a contract for purchase, so they don't actually own the property. My point there is that an applicant goes out and looks for property to acquire, whether it's an assemblage or whether it's a disaggregation. And that leads to the third comment. We do not ask the applicant to actua-- what we ask the applicant to do is investigate whether there was that inventory out there of smaller properties to aggregate. Or if they would have come back and said we did look and there's not any or we looked and the property owner would not sell us any, they didn't want to, well, we would accept that. Because we're not trying to force them to do something like I think you had suggested, that is that, well, you must go buy that piece of property somewhere else. I just wanted to clarify that. I don't want to be argumentative. COMMISSIONER HILLER: No, I understand, I understand. And I also think, you know, the fact that the Planning Commission felt that approval was recommended -- I did speak to Mr. Strain about the particular issue, and he was the one who actually gave Page 49 July 7, 2015 me the guidance that allowed me to come to the conclusion that recommendation was the appropriate motion on this for the reasons that I stated. But in fairness to all sides, I do think we need clarity. And I don't think we should prejudice anyone, whether it's you, Mr. Weeks, or the petitioner, for the lack of clarity of direction from the Board. And I think we need to address that prospectively. But, you know, Mr. Weeks, it shouldn't be held against Mr. Weeks and it shouldn't be held against the petitioner under the circumstances. CHAIRMAN NANCE: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Thank you very much. And I've enjoyed this discussion, and I support the petition. Mr. Weeks, I think you did a -- I think you did your job, and you're to be commended for it. I would like to talk further in the fall about what a market study is. There's no way in the world, sir, that you are -- you would understand the marketing of what the petitioner is bringing and vice versa. So maybe we've put you in a box or Comprehensive Plan had put you in a box that you will always be the bad guy, and you are ethical and you did what you felt was right and I really commend you for it. Thank you. CHAIRMAN NANCE: I agree. Commissioner Henning? COMMISSIONER HENNING: Jeff or staff, what is the reason to -- not to have the ownership within our packet? We always had who owned it -- COMMISSIONER HILLER: I think that's very important. COMMISSIONER HENNING: Yeah, because, you know, there would be a conflict -- there could be a conflict of interest -- Page 50 July 7, 2015 COMMISSIONER HILLER: Absolutely. COMMISSIONER HENNING: -- to anyone -- MR. ANDERSON: One correction. He was incorrect. COMMISSIONER HENNING: Huh? MR. ANDERSON: He was incorrect. The property is not owned by my client yet. COMMISSIONER HENNING: Okay. So let me finish what I was saying. One of us might be a consultant for the property owner or the petitioner. We don't know that. We don't know if there's a conflict of interest unless it is disclosed in our executive summary. And for some reason it's been removed. Who, why, what and where? Who's going to answer that? Who's going to take responsibility? MR. WEEKS: We provided to you what was provided to us. COMMISSIONER HILLER: But it's just a more general question, not specific. I agree with Commissioner Henning. On this particular project I'm not as concerned about, I do think that Commissioner Henning's point is a valid one. And I've raised it myself in the past. MR. KLATZKOW: It should be disclosed, you're right. And we will ensure that in the future it will be disclosed. COMMISSIONER HENNING: Who owns the property? MR. ANDERSON: I don't have all the agenda backup with me right now, but deeds were provided and full disclosure was made. It's in the backup. It's never listed in the executive summary. COMMISSIONER HENNING: No, it's in the backup material, but it's not there. COMMISSIONER TAYLOR: That's not you, sir. That's not you. MR. ANDERSON: Yeah, I mean, we provided it. COMMISSIONER HILLER: Mr. Anderson, it's staffs responsibility. Page 51 July 7, 2015 MR. KLATZKOW: I'm just quickly looking at the backup. There is a warranty deed. COMMISSIONER HENNING: What packet page number? MR. KLATZKOW: I am working off of the material that staff gave me. My assumption that staff gave me the material. This was the cover page to it. COMMISSIONER HENNING: So it's not -- well, I looked for it and I can't find it. So anyways. CHAIRMAN NANCE: Okay. Well, apparently it's an oversight. In the future certainly we need this information. COMMISSIONER TAYLOR: That's a good point. CHAIRMAN NANCE: That's a good catch on Commissioner Henning's part. All right, any further comments? (No response.) CHAIRMAN NANCE: There is a motion to approve the small-scale amendment and a second. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right, that is approved unanimously. Item #9B ORDINANCE 2015-43: AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND Page 52 July 7, 2015 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 THE AGRICULTURAL (A) ZONING DISTRICT TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT FOR A 10.47± ACRE PARCEL TO BE KNOWN AS THE GERMAIN HONDA CPUD TO ALLOW CONSTRUCTION OF AN AUTOMOTIVE SALES FACILITY WITH ASSOCIATED REPAIR SERVICES, UP TO 60,000 SQUARE FEET OF GROSS FLOOR AREA, ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF PINE RIDGE ROAD AND LIVINGSTON ROAD IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PROVIDING FOR REPEAL OF RESOLUTION NO. 94-584, A CONDITIONAL USE FOR A RETAIL NURSERY; AND PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ- PL20140001326] — ADOPTED CHAIRMAN NANCE: Which takes us to Item 9.B. COMMISSIONER HILLER: I'd like to make a motion to approve 9.B. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There is a motion to approve and a second. Any further discussion? (No response.) CHAIRMAN NANCE: Commissioner Hiller, would you like to speak again, ma'am? Page 53 July 7, 2015 COMMISSIONER HILLER: I don't think any more needs to be said. I think, you know, the evidence is clear on the record. We've had the discussion. The zoning staff approved this, the Planning Commission approved it. I don't see any reason for denial. CHAIRMAN NANCE: Any public speakers, Mr. Miller? I see no light. MR. MILLER: (Shakes head negatively.) CHAIRMAN NANCE: No public speakers. All right, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you, it passes unanimously. MR. ANDERSON: Thank you very much. CHAIRMAN NANCE: Thank you, sir. MR. OCHS: Mr. Chairman, would you like to take a 10-minute break for your court reporter? CHAIRMAN NANCE: Yes, we will, and we will return at 10:46. MR. OCHS: Thank you, sir. (Recess.) CHAIRMAN NANCE: Please take your seats. Let's reconvene. Item #10A THE COUNTY ATTORNEY TO ADVERTISE A HEARING TO Page 54 July 7, 2015 RESCIND ORDINANCE 2013-70 TO REMOVE THE MSBU ESTABLISHED TO FUND LA PENINSULA SEAWALL REPAIR AS REQUESTED BY LA PENINSULA LEGAL COUNSEL — APPROVED MR. OCHS: Mr. Chairman, that takes us to Item 10, Board of County Commissioners. Item 10.A is a recommendation that the Board direct the County Attorney to advertise a hearing to rescind Ordinance 2013-70 to remove the MSBU established to fund La Peninsula seawall repair. It was requested by La Peninsula legal counsel. This item was brought forward by Commissioner Henning. CHAIRMAN NANCE: Commissioner Henning, please, sir. COMMISSIONER HENNING: Yeah, the whole thing was, the county's involvement is funding of this. Now, La Pen has its own funding. And you can hear it today from consultant from Turrell & Associates. They had received permits and are ready to open up bids to construct the wall. So I don't see any need to keep this on the books anymore. I think we can, you know -- I'll make a motion to direct the County Attorney to advertise it to rescind the ordinance. CHAIRMAN NANCE: And I will second that. Comments? (No response.) CHAIRMAN NANCE: Seeing none, public speakers, Mr. Miller? MR. MILLER: Yes, Mr. Chairman, I have three speakers. Your first speaker is Steve Adamczyk, hope I'm saying that correctly, followed by Joshua Maxwell. MR. ADAMCZYK: Mr. Chair, Commissioners, good morning. My name is Steve Adamczyk. I'm the attorney for the Club at La Page 55 July 7, 2015 Peninsula, the entity responsible for the ownership and the maintenance repair/replacement of the seawall. I'm going to defer any questions regarding the engineering solutions to Josh Maxwell with Turrell, Hall & Associates, as that is his area of expertise. I'm mainly here to talk to you about what The Club has done since May of last year when we met to move this project forward and get this done. Mainly that comes into the form of financing. I represented at that meeting that The Club had secured commitments from multiple lenders for financing, and in October 28, 2014, the club closed on a $5 million line of credit. The maturity date is 2024. A copy of the promissory note is available to the Commissioners. To date they've only drawn 50,000 on the line of credit and that's specifically because they're waiting for the contractors and the contract to be signed to pull the rest of it. Concerning repayment of that amount, even if they did draw the full amount, which is more than enough, in February of this year, 2015, the board met at a special board meeting of The Club to levy a special assessment. That special assessment was $19,000 per unit, bringing the total budget, when you include the special assessment revenues, the existing reserve amounts for the seawall and the future seawall reserve replacements, to be more than the budget, which we believe necessary, for roughly around $4 million. So my point here is that at our last meeting in May, the motion was essentially that we would come back to ask you to make a decision to continue when there's evidence that they're moving forward with the repair. So that's what I'm here to do today is let you know that the board at The Club of La Peninsula has committed itself through this line of credit and through engaging a very good contractor and engineer -- I'm sorry, engineer, putting contracts before the board for consideration with the permitting to get the job done. The seawall will Page 56 July 7, 2015 be fixed and we support the motion to rescind the MSBU. Thank you. CHAIRMAN NANCE: Thank you, sir. MR. MILLER: Your next speaker is Joshua Maxwell. He'll be followed by Dr. Joseph Doyle. MR. MAXWELL: Hello. Josh Maxwell from Tunell, Hall & Associates, Project Manager for the seawall stabilization at La Peninsula. I just wanted to inform everybody that as of I believe April of last year we were contracted to begin permitting and designing the repair scenario for La Peninsula. Since that time we've had to break up the permitting into two phases: The first phase being what has been previously permitted in the past. That was a fairly easy permit to acquire and that's what's allowing us to do some construction this summer in the water. The rest of the permitting, which includes the majority of the waterway on Big Marco Pass, as well as Capris Pass, that's going to be tied up with DEP and Army Corps 'til probably next spring, and therefore we're kind of scheduling that construction for summer of 2016. So we're hoping by the end of next year to be completely done and hopefully not have to worry about any seawall issues for the next 30 years or more. As Steve said, we do have the Phase I contracts that are due to our office today at 4:00 p.m. And we'll probably start with construction at the contractor's earliest availability. CHAIRMAN NANCE: Thank you. Questions, comments? Commissioner Taylor? COMMISSIONER TAYLOR: Not of the speakers. This will be after we hear public comment. CHAIRMAN NANCE: Yes, ma'am. Mr. Miller. Page 57 July 7, 2015 MR. MILLER: Your final registered speaker on this item is Dr. Joseph Doyle. DR. DOYLE: Good morning, Commissioners, Dr. Joseph Doyle, Naples. As you will recall, in January of 2014, I was here with several other citizens group to oppose this ordinance in the first place. I commend Commissioner Henning for putting this onto the agenda and to rescinding this MSBU. I would, however, from a taxpayer's standpoint like to point out that there was -- there were expenses for advertising and county staff and County Attorney time to set up this ordinance, and there is now time and effort being used to rescind this ordinance. And I would like to see the La Peninsula Condo Association reimburse us for those expenses. It's just a principle of the matter. Thank you. CHAIRMAN NANCE: Mr. Miller? MR. MILLER: That is all the registered speakers we have on this item, sir. CHAIRMAN NANCE: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Mr. Klatzkow, can you tell me what -- I know this is a long-standing issue. This is a general question. What liability or involvement do we have as county government on whether or not a private entity repairs their seawall? MR. KLATZKOW: It depends how we structure the transaction. Properly structured you won't have any liability. COMMISSIONER TAYLOR: But let's --just for the sake of this argument there's an entity with a seawall that's crumbling. Do we need to step in and get involved in that? MR. KLATZKOW: If the Board finds that there's a significant public purpose to it such as public health and safety is involved, then the Board can do this, yes, if it's properly constructed. Page 58 July 7, 2015 COMMISSIONER TAYLOR: Is it normal -- is that what the Board's found in the past? I'm asking for those who have been on here. Commissioner Henning? COMMISSIONER HENNING: We have an existing ordinance, it's an enforcement ordinance by code enforcement. So if the seawall in this case is derelict, and there has been in the past. COMMISSIONER TAYLOR: Yeah, sure. COMMISSIONER HENNING: Derelict where the code enforcement can go in there and take action. COMMISSIONER TAYLOR: Okay. COMMISSIONER HENNING: And they have. COMMISSIONER HILLER: And then they lien the property for the cost and the property owner has to pay for the cost of the repair. They have to do it. COMMISSIONER TAYLOR: Thank you. CHAIRMAN NANCE: Commissioner Henning, further comments? COMMISSIONER HENNING: That's it. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: I was just going to explain the MSBU and how we got involved. COMMISSIONER TAYLOR: No, I've read that. I understand what happened there; I understand the background. This was just a general question. COMMISSIONER FIALA: Okay. COMMISSIONER TAYLOR: Do we need to be treading in this water, so to speak. Sorry for the pun. COMMISSIONER FIALA: Yeah, we didn't tread in there, they kind of asked us at the time. COMMISSIONER TAYLOR: Okay. CHAIRMAN NANCE: There is a motion and a second to Page 59 July 7, 2015 remove the MSBU established to fund La Peninsula. Any further discussion? (No response.) CHAIRMAN NANCE: Hearing and seeing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Passes unanimously. Thank you. Item #10B RECOGNIZING RESOLUTION 2007-138 PROVIDING FOR THE EXPANSION OF AN EXISTING CONDITIONAL USE FOR THE NAPLES BRIDGE CLUB HAS CONFLICTING PROVISIONS WITH PU-80-4C (RESOLUTION 80-128) AND THAT THE BOARD FINDS THAT THE ORIGINAL PROVISIONAL USE ADOPTED IN PU-80-4C, ATTACHMENT 1, SECTION 6, STATING THAT ANY EXPANSION SHALL ONLY REQUIRE SITE PLAN APPROVAL IS THE PREVAILING LANGUAGE — APPROVED MR. OCHS: Item 10.B is a recommendation that the Board recognizes Resolution 2007-138 providing for the expansion of the Naples Bridge Club and that the Board finds that the original provisional use adopted stating that any expansion shall only require site plan approval is prevailing language. And Commissioner Henning Page 60 July 7, 2015 has brought this item forward. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Thank you. Yeah, I moved from East Naples to Golden Gate in the early Eighties. And this organization has been there to the entrance of the community since that time. And just like expanding roads or just like government services, as a community grows there needs to be expansion. This organization, in staffs opinion -- I was working with Nick and others to recognize Section 6 of the Ordinance 2080 -- or 1980 to allow them to come forward, submit their site plan for the expansion, have staff work with them because they want to expand their footprint which calls for a comprehensive amendment -- line of comprehensive amendment. Commissioner Fiala, you can verify this. In the past we have told many a PUDs during the downturn of the economy of 2008 to where PUDs out there -- it wasn't going to build it, it wasn't going to start it, it wasn't going to pay any fees. And the Board has extended those PUDs because it was due to sunset. There is a provision in the land code to allow that. However, there's not a case for conditional uses, and staff recommended this process for the Board to approve. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: I was very pleased to see that this was on the agenda. I think it's so healthy to have places where community can congregate and enjoy one another's fellowship and friendship. And as noted in here, this serves a lot of people that are retired now and it gives them something to do and something to support one another with, and I wholeheartedly support it. So if you make the motion, Commissioner Henning, I'll second it. COMMISSIONER HENNING: Move to approve -- COMMISSIONER FIALA: Second. Page 61 July 7, 2015 COMMISSIONER HENNING: -- for the recommendations. CHAIRMAN NANCE: We have a motion and a second. Public speakers, Mr. Miller? MR. MILLER: Mr. Chairman, we have four registered speakers. Three have all ceded their time to your first speaker, Edward Kant, for a total of 12 minutes. MR. KANT: Two things. First of all, thank you so much for recognizing Engineer Berzon earlier this morning. When I came here 36 years ago, he was one of my mentors. So I personally appreciated that. Second of all, I will take nowhere near 12 minutes. Just first of all, thank you again, Commissioner Henning, for bringing this to the Board. The Naples Bridge Center -- by the way, I want to make a minor correction so the record is straight. It's not Naples Bridge Club, it's the Naples Bridge Center, Incorporated. We are a 50106 corp-- nonprofit member owned corporation. We have currently north of 900 some members. And we've been out there -- it was founded in 1976 and we had our original provisional use in 1980. We expanded slightly in 1994. And so we've been out there now for 15 -- 16 years almost. And we find it's necessary, in order for us to offer our members the types of services that they want, to expand. I've got a lot of detail and everything down here, but the basics is that we were approved in 2007 for this Conditional Use for the expansion. As Commissioner Henning has pointed out, the economy was such that it just simply wasn't going to work and we're now in a position to go forward. So we would appreciate your positive response to this request. If you have any questions, I'll try to do my best to answer them. CHAIRMAN NANCE: Thank you, sir. MR. MILLER: That is it, sir. CHAIRMAN NANCE: Very well. We have a motion and a Page 62 July 7, 2015 second for approval. Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) MR. KANT: Thank you, Commissioners. CHAIRMAN NANCE: Passes unanimously. Mr. Ochs, I think we're closing in within a few seconds of our 11 :00 time certain for some reason. MR. OCHS: Yes, sir. Miraculously we're back on schedule here, sir. It must be to your -- CHAIRMAN NANCE: It's time. Item #1 1 E CONTINUING OPERATION OF A MODIFIED SOFT LANDING BUSINESS ACCELERATOR PROJECT IN VIEW OF THE EMINENT TERMINATION OF THE GRANT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY AND VETO OF THE LEGISLATURE'S REQUEST TO EXTEND FUNDING FOR THE AGREEMENT INTO THE STATE FISCAL YEAR 2016 - MOTION TO CONTINUE PROJECT OPERATIONS AND STAFF TO COME BACK AT THE SEPTEMBER 8, 2015 BCC MEETING WITH A STATUS REPORT — APPROVED Page 63 July 7, 2015 MR. OCHS: Yes, sir. 11.E is your time certain hearing for 11 :00 a.m. this morning. This is a recommendation to continue operation of a modified Soft Landing Business Accelerator Project in view of the eminent termination of the grant agreement with the State of Florida Department of Economic Opportunity and the veto of the legislature's request to extend funding for the agreement into the state fiscal year of 2016. Mr. Bruce Register, your Director of Office of Business and Economic Development, will present. MR. REGISTER: Good morning. Bruce Register. Commissioners, this is a recommendation to continue operation of the Soft Landing Accelerator Project. I'd like to provide just a little bit of background before we poise to answer your questions. Since the summer of 19 -- excuse me, since the summer of 2013 this Board has directed staff to engage in policy work to exert greater influence on our economic destiny to developing strategy and planning. To that end the business plan was adopted in September of 2013; the strategic plan was adopted at the end of 2014. We're also were seeking outside resources, including state and federal grants as a directive from this Board. We also were directed to use judicious use of our own county funding with results-oriented anticipation of our objectives. With the Board direction, the county initiated the accelerator project with state, county and private funding to foster international economic development and local entrepreneurial activity in May of 2014. Over the past few months the viability and demonstrated success of the accelerator have been evident with over 13 active participants and continued expression of demand. Unfortunately the support of the initial state funding has been Page 64 July 7, 2015 discontinued. Before you is an agenda item authorizing a revised, reprogrammed accelerator project which defers the Immokalee Kitchen Project, downsizes the existing Western Urban Accelerator in some aspects. The adjustments to staffing, information technology delivery and facility operations will have some impacts, but functionality and acceptable levels of service can be maintained. These challenges can be met with creative approaches including expanding our volunteer professional counseling, privately donated IT and marketing services, and the postponed Immokalee Kitchen until additional resources can be identified. Staff has begun discussions with private nonprofits and our partners toward addressing the delayed Immokalee project. Staff respectfully recommends continuing this project as defined by this agenda item. We stand ready to address your questions, if needed. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: I like -- Commissioner Nance, I like your item on the agenda asking the Governor to reinstate that. This item I think is premature until we hear from the Governor, myself. Is there a timely basis for this is modification? MR. REGISTER: Yes, sir. There is -- we have what is defined as a certified forward period from the state that will end September 15th. Until that time -- until such time we do have the opportunity to continue minor operating expenditures with state funding. We're also anticipating some moves that we could utilize, some additional state funding, if we have this Board's authorization and commitment to moving forward. If we don't have such commitment, then I would respectfully suggest that a recommendation of terminating the operation would probably be in order. COMMISSIONER HENNING: Okay. So September 15th we're Page 65 July 7, 2015 going to be back in session. We're going to have our meeting prior to that. MR. REGISTER: Commissioner, there is an opportunity to garner an additional 3 or $400,000 of state funding if we act now. COMMISSIONER HENNING: Is that the reason? MR. REGISTER: Yes, sir. COMMISSIONER HENNING: Because the way this is written, I would hate to send a message to the Governor that we don't need that two and a half million. That's kind of what it looks like. MR. OCHS: Well, no, sir, because that two and a half million included two accelerator locations, both the urban and the rural. The rural project is completely suspended at this point until we can work towards a re-appropriation from the state legislature, and that's why this is extremely scaled back from the original project. COMMISSIONER HENNING: Okay. CHAIRMAN NANCE: Yes, Commissioner Henning, I agree with you, I would hope that staff is going to jump in and take the time that we have in recess to reevaluate exactly where we are on this. Hopefully if we get the approval to send a letter to the Governor, we'll get a response back from him and have them come back with some options. Because the budget was very, very aggressive but I would like to allow staff at least some time to retool on this. Commissioner Fiala. COMMISSIONER FIALA: Yes, thank you. CHAIRMAN NANCE: And the other two ladies. COMMISSIONER FIALA: So if your petition, after we approve it, if it works and we do get some of that money back or all of the money back, can you then change this program that you've -- I thought you did a good job putting this together, but can you change it to then be more inclusive if that happens? MR. REGISTER: Commissioner, the anticipated moving Page 66 July 7, 2015 forward, we are prepared to use some innovative approaches to maintain continuity of the program while we can seek additional funding. And if indeed state acts and provides us additional funding, we can ramp back up to the original plan very easily. The point would be we have made commitments and we have activity occurring as we speak in our accelerator. If we do not provide continuity for the momentum that we've gained so far, we well set this program back. COMMISSIONER FIALA: Yeah, so in other words, yes, you can react to it if you get extra money. MR. REGISTER: Yes, ma'am. CHAIRMAN NANCE: Yes, Mr. Register, I would like to make a motion to continue operation with the proviso that the staff come back at the September 8th Board meeting with a full report of evaluating where you're at and give us options. MR. REGISTER: Yes, sir. COMMISSIONER HENNING: Second. CHAIRMAN NANCE: There's a motion and a second. Commissioner Hiller, then Commissioner Taylor. COMMISSIONER HILLER: There is a cost to starting up a project like this. That cost has already been incurred. If we were to shut this project down and then start up again, we would be wasting money. And so I think Commissioner Nance's motion is the appropriate motion with respect to 11.E. I think we absolutely have to support the ongoing operations of the accelerator that currently is up and running. How many companies do we have in that accelerator at this point? MR. REGISTER: 13. COMMISSIONER HILLER: And that is really impressive for this short amount of time. I have been involved with some of those Page 67 July 7, 2015 companies and they are accelerating. Without any question of a doubt, the project is working and it's a great program. So Commissioner Nance, thank you for your motion, and Commissioner Henning for your second. And I will definitely support what you're recommending. CHAIRMAN NANCE: Commissioner Taylor, then public speakers. COMMISSIONER TAYLOR: Yes, I listened to Commissioner Henning's concerns and I think they're valid. So when we get to discussing your letter, maybe we could modify it a little bit, Commissioner Nance, to reflect that we are going to -- what we've done to the east and what we're willing to support in the west, but to be very clear, that we're not picking up the lack of funding from the state, we are going -- we are kind of moving along as carefully and as aggressively as we can. But I agree, we do not want to give that message well, we really don't need that money. But I would support your motion. MR. MILLER: Mr. Chairman, two registered speakers. Your first speaker is Catherine Haworth. She'll be followed by Steve Wheeler. MS. HAWORTH: Good morning. I'm Cathy Haworth and I'm with the Small Business Development Center at the Florida Gulf Coast University, and I just have a couple of comments. I like the direction this is taking here. But I work in conjunction and have been with the project ever since the inception. And we have -- not volunteered our time because I get paid, but not from the project. And I thought when they asked me to come up and speak today I was going to go back and look at the number of clients that I actually worked with. And I've worked with not just the clients that are in the accelerator but I've worked with prospects as well. And I have, since I started working with the accelerator, clocked 143 sessions with 250 Page 68 July 7, 2015 hours. So we're a collaborative partner in this; we're in this all the way. My issues and my concerns are before I retired in 2007 I was 14 years the executive director of our economic development center in Lake County, Ohio. My concerns are, if we let the ball drop on this there's going to be everybody else out there just wanting to approach these people that are here that we've nurtured, that we've worked with, that we've got the synergies with it. We also have the synergies within the organization. I mean, they are -- all the people that are in the incubator and accelerator are working with each other. And every time I go in the office one or two times a week, it is just -- it's great. And I am -- being a former economic development, they're out there ripe for picking if we don't let this continue. So the momentum that we've created, we need to keep going. Commissioner Taylor, I don't know if you remember, but I kind of attacked you the other night when you were at the HOA for Brookside. And on your way out the door I'm like, this is really a great project. Well, who knew then that this was going to happen now. So anyway, Florida Gulf Coast University Small Business Development Center, continued support for the project, we're happy to be there. It's a great project. COMMISSIONER HILLER: Thank you so much for all you've done. MS. HAWORTH: You're very welcome. COMMISSIONER HILLER: And what a great report. MS. HAWORTH: Any questions for me? COMMISSIONER TAYLOR: Just stay with us. MS. HAWORTH: I'm not going anywhere. Thanks. MR. MILLER: Your final speaker on this item is Steve Wheeler. MR. WHEELER: Good morning. I'm Steve Wheeler, I'm with the Healthcare Network of Southwest Florida, and I love what I'm Page 69 July 7, 2015 hearing here. I think that this is one of the most exciting projects that's come to Naples in recent years. And I've been here -- I'm old and I've been here almost 40 years now, and I'm delighted to hear your conversation about supporting the project. We at the Healthcare Network are very excited. We've developed relationships with three of the companies that have come in through the incubator that have break-through technology in medical areas. We could be on the forefront of some diabetes research work here in Collier County, through the Life Sciences Divisions with genomic mapping and sequencing and some other areas that are going on here. I agree, Commissioner Hiller, that we can't skip a beat with this. We would be embarrassed and we would have wasted money if we step away from it. So thank you, and I certainly hope that you do support the motion that's in front of you. Thank you for what you do. CHAIRMAN NANCE: All right, Commissioners, we have 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 FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) Item #10C THE BCC CHAIRMAN TO SEND A LETTER TO GOVERNOR RICK SCOTT REQUESTING REINSTATEMENT OF FUNDING Page 70 July 7, 2015 FOR THE DEPARTMENT OF ECONOMIC OPPORTUNITY GRANT SUPPORTING THE COLLIER COUNTY BUSINESS ACCELERATOR PROGRAM - TO SEND LETTER AS WRITTEN IN THE EXECUTIVE SUMMARY — APPROVED COMMISSIONER HILLER: And I'd like to make a motion to Support 10.C, which is your letter as modified by the discussion that we've had. To ensure that it doesn't improperly suggest that we have the ability to -- CHAIRMAN NANCE: Commissioners, my intention of the letter was not to get into an extended justification of the program. I think our application, you know, was very involved and includes that justification. My intention here was simply twofold: Number one, to provide respectfully to the Governor and his staff and DEO some information that I don't think they had. And that was the tremendous amount of synergy and progress that we made in a very short time. So number one was just to be informational. And secondly was simply to try to get an audience with the Governor's staff and DEO, in which case we can discuss the various ramifications and concerns of the Commission. So I would respectfully request that we be allowed to send this letter in immediately and get this going and that we seek a meeting and at that meeting we can have full engagement to explain or answer any questions about this information. But I just want it to be informational and I want to request an audience. COMMISSIONER HILLER: Are you suggesting you feel comfortable that it doesn't suggest that we're -- CHAIRMAN NANCE: No, ma'am, it is very clear. COMMISSIONER HILLER: As long as -- then I'm fine. Then Page 71 July 7, 2015 I'll modify my motion to send it as written. CHAIRMAN NANCE: You know, I just want it to be informational. Because the Governor -- honestly, the Governor and his staff would have had no way to really understand the great amount of progress and synergy that we had obtained because it was happening on a day-to-day and week-to-week basis. So I'm hopeful that, you know, this will do that and it will at least open the discussion for, you know, early January sessions at the very minimum, so -- COMMISSIONER FIALA: I'll second the motion. COMMISSIONER TAYLOR: Point of order. Did we vote on -- CHAIRMAN NANCE: We voted on 11.A. We are now on -- COMMISSIONER HILLER: We're on 10.C. COMMISSIONER FIALA: We voted on -- CHAIRMAN NANCE: We're on 10.C. COMMISSIONER TAYLOR: Okay, I'm sorry, I missed that completely. CHAIRMAN NANCE: I'm sorry, ma'am, yes, we just voted on 11.E. COMMISSIONER TAYLOR: 11.E. CHAIRMAN NANCE: Yes, 11.E was the continued operation. And we're now on the followup item, 10.C. COMMISSIONER FIALA: We didn't give it a chance, like a break between the two -- COMMISSIONER TAYLOR: Yeah, that's why I got -- COMMISSIONER FIALA: -- we went right into it. CHAIRMAN NANCE: Sorry, ma'am. Well, I hope you had a chance to look at the letter. COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: And like I say, it's intended to be very respectful and -- COMMISSIONER TAYLOR: Well, respectful but Page 72 July 7, 2015 understanding that there was a commitment and what this does to the program is -- CHAIRMAN NANCE: Stops it. COMMISSIONER TAYLOR: Stops it. And that, you know, just Immokalee, and I know you mentioned Immokalee, but just say that we will do our best but, you know, the program is based on this money. CHAIRMAN NANCE: We need a meeting, that's what we need. We need a meeting. COMMISSIONER TAYLOR: Hopefully before January. CHAIRMAN NANCE: Oh, I know that. Well, I said, you know, respectfully request a meeting with your staff. So we're going to send it off. I want to send it off as soon as possible and get it underway and get back and go to it. So 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. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Thank you, it passes unanimously. COMMISSIONER FIALA: Good letter. CHAIRMAN NANCE: We will get this sent out ASAP. Mr. Flanigan, please prepare. Item #1 OD AMENDING THE INTERLOCAL AGREEMENT BETWEEN THE Page 73 July 7, 2015 BOARD OF COUNTY COMMISSIONERS AND THE CLERK OF THE CIRCUIT COURT TO PROMOTE ACCOUNTABILITY AND TRANSPARENCY — MOTION FOR COMMISSIONER NANCE TO MEET WITH THE CLERK TO GO OVER THE CLERK'S FY16 BUDGET EXPENDITURES - APPROVED; MOTION TO CONTINUE ITEM #10D UNTIL THE CHAIRMAN HAS HAD AN OPPORTUNITY TO MEET WITH THE CLERK AND BRING A REPORT BACK TO THE BOARD — APPROVED MR. OCHS: Thank you, Commissioners. That moves us back to Item 10.D under Board of County Commissioners. This is a recommendation to amend the interlocal agreement between the Board and the Clerk of the Circuit Court to promote accountability and transparency. This item was brought forward by Commissioner Hiller. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Thank you. When I put together this executive summary, it gave me pause for thought after I had uploaded it. And what I would like to suggest is that we need to take one step ahead of my recommendation, which is that the Chair and the County Manager work with the Clerk to develop amendments to the interlocal agreement to promote accountability and transparency. And that is that -- my suggestion would be that the first thing that we need to do is really to direct the County Manager to go out and hire an independent external auditor to audit that $6 million so we really have an understanding of what we're negotiating and what, you know, what amounts tie into the services that are enumerated in the contract and how those amounts tie back to the budget. And I spoke to the County Attorney, and the County Attorney did explain to me that we as a Board do have the legal right to request an audit of the $6 million and -- or I should say not request an audit but to Page 74 July 7, 2015 audit to have that $6 million audited. And I also spoke to the external auditors and they are not auditing that $6 million. And so to that end I think the simple thing to do at this point is really to wrap our arms around what this $6 million is going towards and to ask the County Manager to go ahead and to hire an external auditor to audit the $6 million and come back and give us the information. Because at this point there is no pre-audit of the six million, there's no post-audit of the six million, and we need to -- we have a duty to know how these funds are being used. And I'm sure the Clerk would agree with that. So that would be what I would suggest. And I'll make a motion to that effect after we have discussion, because I want to make a motion that will, you know, incorporate whatever thoughts you all might bring to the table on this issue. CHAIRMAN NANCE: Who was first? I'm sorry. Commissioner Henning? Then Commissioner Taylor. COMMISSIONER HENNING: Commissioner Hiller, you're saying you don't want to approve anything in your executive summary. You want to change it to reflect auditing of the $6 million? COMMISSIONER HILLER: Well, I think we need to have that audit as the first step towards looking to discuss that amendment. I think the Chair and staff and the Board as a whole need the information and we don't have that right now. So yes, the first step would be to direct the County Manager to go out and to retain an external audit. If it's under 50,000, he doesn't need to come back to us. If the fee turns out to be over 50,000, to bring that agreement, you know, back to the Board for approval in September. COMMISSIONER HENNING: Okay. You know, just like we have more than one fee officer, we have more than one audit of the constitutional officers, okay. It happens every year, it's provided to the Board every year, it's on the agenda every year, and you approve it Page 75 July 7, 2015 every year. Okay, every one of the constitutional officers are audited. So I think you all know where it's going. Ifs just, you know, this fight of the 2016 election for Clerk of the Court is what this is all about. We're going to have these issues on the agenda every agenda until the election is over with. MR. BROCK: Mr. Chairman, may I comment? CHAIRMAN NANCE: Yes. MR. BROCK: Commissioner, the Clerk of the Circuit Court I assure you, does not care about the stuff that we do being audited, okay. However, let me point out to you that you cannot go hire an auditor to come in and audit the Clerk of the Circuit Court. You can, however, request that the Clerk of the Circuit Court go hire an auditor to come in and audit us and you pay for it. And I'm happy as a lark. And I will read to you the language from the statute: The Board of County Commissioners has the power to employ an independent Certified Public Accountant, audit any funds, accounts or financial records of the county and its agencies and governmental subdivisions. Sentence two: Entities that are funded wholly or in part by the county at the discretion of the county may be required by the county to conduct a performance audit paid for by the county. So you ask me to do an audit, I will go hire someone, you can pay for it, and they will do an audit. CHAIRMAN NANCE: Mr. Brock? MR. BROCK: Yes. CHAIRMAN NANCE: In the backup material in my conversations with you, you indicated in the past what you had done was you had basically sent the county a bill for the various and sundry services and administrative activities that you had in your office, and that sort of discussion was the genesis of the interlocal agreement back in time. Page 76 July 7, 2015 MR. BROCK: That is absolutely correct. Let's go a little bit further. We were actually in litigation over you all not paying those bills, and this interlocal agreement was an agreement that was created as a part of that process to avoid that. CHAIRMAN NANCE: Okay. And certainly I generally assume that when you prepare your budget you realize exactly how you spend this money and so on and so forth and we've recently approved your budget. So in the interest of the commissioners here, would it be too much trouble to ask you to just give us kind of a, you know, restatement of how you, you know, spend the money so that the commissioners can understand the nature of the interlocal agreement as it stands today? I think we had some information that's kind of dated, but would that be too much trouble? Rather than insist on an audit of that -- MR. BROCK: I can do that. CHAIRMAN NANCE: -- could you just tell us what your budget consists of in some detail so the commissioners can come to grips with it? MR. BROCK: I can. My 2015 budget consists of 5,869-- (Cell phone ringing.) COMMISSIONER HENNING: Sorry. CHAIRMAN NANCE: I think Clint Eastwood just got involved in the discussion. MR. BROCK: I do too. MR. KLATZKOW: The Good, the Bad and the Ugly. MR. BROCK: The transfer from the Board consisted of $5,869,500 which was for personnel services. Has nothing to do with purchases, it's the payment of employees. Then there was an amount of, let's see, how much was it, 828,600, which was for operating expenses of which 400,000 of that almost was for the books and the computers to operate the books, which the Board Page 77 July 7, 2015 of County Commissioners is required by law to pay for, okay. Then that leaves about $400,000. And I can actually break that down a little bit further. CHAIRMAN NANCE: I'm not asking you for it at this time. I mean, can you -- MR. BROCK: Sure, I'll be more than happy to ask my finance department to pull the numbers together and give -- CHAIRMAN NANCE: Just give us a summary of the various services you provide and what your estimated cost is for those so that it adds up and everybody can take a look at it and see. MR. BROCK: And as you and I discussed in your office yesterday, I don't have a problem sitting down with you at any point in time and talking about this stuff. CHAIRMAN NANCE: Okay. MR. BROCK: I will pull that together and sit down and have a discussion with you with regard -- CHAIRMAN NANCE: I would suggest if we can just have that discussion, I would like to see that before we go and engage an audit. I mean, that's my personal -- you know, if we could start off with that, Commissioner Hiller, I could certainly support your recommendation for myself and the County Manager to meet with the Clerk and go over the elements of the interlocal agreement. But I would also like all the Commissioners to be able to understand what the interlocal agreement consists of, what the values are assigned, the duties and responsibilities of the Clerk, the duties and responsibilities of the Board to the Clerk and vice versa, and then we can have a reasonable discussion. I don't think honestly I'm prepared to do that at this time because I don't have a full understanding of the issue myself. So before I engage in a conversation with Mr. Brock, which I don't think is going to be a strained thing by any stretch of the Page 78 July 7, 2015 imagination, I'd like to be able to understand what it is I'm talking to him about. And I honestly can't tell you that I can do that, nor do I expect -- you know, some of you may be more prepared on this than I am. But I'd just like to get that information. If Mr. Brock would be so kind as to provide that from (sic) the Board, perhaps we can avoid spending any unnecessary money -- MR. BROCK: I don't have a problem, Commissioner. CHAIRMAN NANCE: I have absolutely no problem with Commissioner Hiller's recommendation to engage in the conversation. I think it's appropriate and I will do so at the direction of the Board if so requested. Commissioner Taylor, then back to Commissioner Hiller. COMMISSIONER TAYLOR: Well, given that, I would like to make a motion that we direct Commissioner Nance to sit down with our County Clerk -- excuse me. COMMISSIONER FIALA: Clerk of Courts. COMMISSIONER TAYLOR: -- Clerk of Courts, Mr. Brock, to review the budget and his expenditures for 2015 or back as far as you need to go, and that that information be made available to the Commission. COMMISSIONER HENNING: I'll second that. MR. BROCK: Commissioner, before we go any further, you know, let me point out to you, you know, this is the audit of CliftonLarsenAllen. Part of the required portion of CliftonLarsenAllen's financial audit is to audit our statement of revenues, expenses and changes and fund balance budget to actual. So for Commissioner Hiller to say they don't audit that, if that's the case they are not complying with their obligation under the contract. CHAIRMAN NANCE: Questions? Commissioner Hiller? COMMISSIONER HILLER: To begin, I did speak to Page 79 July 7, 2015 CliftonLarsenAllen, and the single audit act testing doesn't go to the level of auditing that's required for us to have a full understanding of how you are spending the $6 million that the Board is funding for the services that you are providing us per the contract. And they were clear about that. And it would have to be an agreed upon procedures audit. A discussion doesn't validate it. We as a Board have a duty, and the duty is we do need to have these expenditures audited. If you were, you know, Acme Accounting Company and if we had a contract with you, you would not agree if we advanced $6 million to this accounting firm for accounting services, or call it accounting and auditing services, without a preaudit, you know, evidence of how the expenditures were being made. And you would not agree to that vendor not being subject to a post audit. And you're no different. You know, this section that you read from the statute is correct. It makes it clear. And that goes to those services that are beyond the statutory required services. Like for example the preparation of the financial statements is something that we have chosen to delegate to you. As you know, the ruling by the Second DCA and the suit involving the county made it clear that the Board has the right to decide who is going to prepare the financial statements of the county, and we have decided to contract with you to do that. A discussion cannot substitute for the audit validation that is necessary to ensure that that $6 million is being spent as we intend it to be spent. And so while I really do appreciate, Commissioner Nance, that you are willing to work with the County Manager and speak to the Clerk about amending the contract with respect to the provisions that I highlighted, I do think that the first step is we do need to know. And I don't think that the Clerk should be treated like other -- other than any other vendor. You know, we can't have a separate standard for the Page 80 July 7, 2015 Clerk to the Board with respect to the expenditure of Board funds. The Clerk improperly has said that only he can choose who the external auditor is. That's not true. We actually select who the external auditor is. And the contract with the external auditor is between the Board and the external auditor, not between the Clerk and the external auditor. And it would clearly be -- it would impair the independence of that external auditor if he picks who would audit, you know, the money that we are giving him. I think that's something that's reserved to the Board. So I think, you know, we have a duty, and not only do we have a duty, we have liability if we fail that duty. There is a statutory provision that says if for any reason we approve an illegal or I should say an improper expense, we could be accused of malfeasance. And that's why we rely on the pre-audit function and the audit function to ensure the appropriateness, the properness, the correctness of these expenditures as being legal and being expended for a valid public purpose. So I would like you to please think about that, and if you would please reconsider the thought of-- and it is a problem, and the Clerk has consistently resisted the audit of the expenditure we make to him. And I will tell you, the external auditors did make it clear, they don't audit it the way we need to have it audited. The way all our expenditures -- the way all the payments, I should say, of expenditures that this Board makes is pre-audited and then audited by the Clerk for our benefit. So he can't do it to himself. And that's understandable. But we've got to have someone do with respect to that six million the same that he does to us with respect to all the other expenses. COMMISSIONER FIALA: Are you talking forensic audit; is that what you're saying? COMMISSIONER HILLER: It's not really a forensic audit. It's Page 81 July 7, 2015 an agreed upon procedures audit to satisfy the objective. And the objective is really to go in and to look at the underlying -- to do the same thing that he does when he does his pre-audit testing and basically look at the underlying documentation and ascertain that it's being expended to satisfy the provisions in the contract and as per the budget and in accordance with the law. But someone has to do it for us. And a conversation won't satisfy that requirement. CHAIRMAN NANCE: If the Board will so allow me, I will meet together with the County Manager and the Clerk, the three of us will sit down, we will talk about these issues, we will gather information, we'll supply that information to the Board members and I will bring it back to an agenda item in September with some sort of a proposal for your consideration and options. Mr. Brock? MR. BROCK: Mr. Chairman, couple things I cannot let pass. One is she asked the external auditors if the single audit that they performed encompassed that. I assure you the answer to that would be no, because single audit applies to grants. This is not a grant. So I can agree with her. If she asked that question, the answer would definitively have been no. And I can assure you at no point in time have I ever thought or said that the external auditors are chosen by the Clerk. They are not. There is a statutory scheme by which that is done whereby a committee is formed, it has a statutory makeup, a recommendation is made to this Board and this Board then makes that determination. And I have never thought -- so I certainly can't imagine unless it was in a total loss of mind that I would have ever made any such comment as that because I know it's not true. The bottom line here is, Commissioners, I don't care, I'll be more than happy to sit and talk with Commissioner Nance. I will -- I don't Page 82 July 7, 2015 care who looks at me. I'm not going to let you select who looks at me, because I've already been through that one time and I know what goes on there. But I'll be more than happy to select an auditor and in all likelihood I would select CliftonLarsonAllen who is the county's auditor to come in and look at it. But as you suggested, Commissioner Nance, a logical approach from my perspective, let's sit down and talk and see what the problem is. If there's not a problem, we certainly don't need to be spending the taxpayers money. CHAIRMAN NANCE: Don't you think we can arrive at something that will meet the approval of the Board, sir? I do. MR. BROCK: I do. CHAIRMAN NANCE: Commissioner Henning, then Commissioner Taylor. COMMISSIONER HENNING: Yeah, Commissioner Nance, I'm glad you still meet with the Clerk, communicate with constitutional officers to try to resolve issues. I think that's very important and I think that's what the taxpayers want is for us to work together to resolve issues instead of fighting each other through a third party such as the courts. But you know, I find it interesting. How much is your budget, Mr. Brock? Is it six million? MR. BROCK: 2014 it was 6 million, two-- or 2014-15 it was -- the transfer was $6,014,400. COMMISSIONER HENNING: How much is the Sheriffs budget? That's 150 million; is that right? 160 million? MR. OCHS: 159 million. COMMISSIONER HENNING: Yeah, almost $160 million. We haven't raised any questions about Sheriffs spending. You really got to sit back and think, what is this issue really about. MR. BROCK: Well, Commissioner, you know, the expenditure Page 83 July 7, 2015 portion, other than personnel services is -- COMMISSIONER HENNING: The transfer -- MR. BROCK: -- about a million dollars. COMMISSIONER HENNING: Yeah, but the transfer from the Board -- MR. BROCK: That's it. COMMISSIONER HENNING: -- to the Clerk is six million. MR. BROCK: Actually, it is 5,869-5, of which 4,849-7 is personnel services. Of that there are operational expenses of 828,600, of which the lion's share of that is the books of the county. That is maintenance agreements on SAP and all of the computer programs that deal with the books of the county and the computers to run it on, of which -- let me point out, you know, I spent I think over $1 million of trust fund money to help you all buy that. And then there's capital of $191,000. And that's all. And the transfer. COMMISSIONER HENNING: Well, you know, the fee officers, there's a transfer from our budget. It's budgeted in our budget to fund their operation. MR. BROCK: Every one of them. COMMISSIONER HENNING: And the Board really doesn't -- we don't approve their budget. MR. BROCK: Nor do you approve mine. COMMISSIONER HENNING: And, you know, there's all the constitutional officers out of there. And it just seems like it's pick on Dwight Brock year, okay. MR. BROCK: I mean, I'm more than willing to sit down with Commissioner Nance and go over this stuff. And bring whoever he wants to with him. CHAIRMAN NANCE: Yes, I would like to sit down with Clerk, Mr. Brock, and the County Manager, discuss these issues, gather information. Page 84 July 7, 2015 And actually, I would suggest, Commissioner Hiller, that we continue your item until after we gather some of this information and provide it to the Board. And then if you wish to pursue some of these details on the interlocal agreement, I think it would be appropriate at that time. But I would request the Board allow me to gather information and work together with these gentlemen to answer the questions, inform the Board and let us go forward in an organized fashion. Commissioner Taylor, then Commissioner Fiala. MR. BROCK: I will actually bring to those meetings probably the person that has more knowledge than me with regard to those financial affairs, and that's Crystal. CHAIRMAN NANCE: Commissioner Taylor, then Commissioner Fiala. COMMISSIONER TAYLOR: I would like to defer to Commissioner Fiala. I was going to call the question, but I'm interested in her comments. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yeah, not so much a comment. I was just wondering, when you have the personnel that you're paying for, does that include all of your auditors and the time and methods that they have to use to do all of the auditing on us? MR. BROCK: An allocation of the costs associated with those auditors. COMMISSIONER FIALA: Is in that five million-eight? MR. BROCK: Yes. COMMISSIONER FIALA: Okay. And what about the law-- MR. BROCK: It's in the four million-eight. COMMISSIONER FIALA: Okay. And then the lawsuits where you sue us -- MR. BROCK: It's not in the transfer, Commissioner. Page 85 July 7, 2015 COMMISSIONER FIALA: It can't be from the money we give you -- MR. BROCK: That is correct. COMMISSIONER FIALA: -- because that's illegal, so where does that money come from? MR. BROCK: From my fees. COMMISSIONER FIALA: I see, okay. MR. BROCK: From my other fees. COMMISSIONER HILLER: Which fees? MR. BROCK: I think Crystal told you all that. COMMISSIONER FIALA: She did, I just wanted to put it on record. MR. BROCK: You wanted to check me and see if I was going to tell you the same thing? COMMISSIONER FIALA: No, actually I knew you would say the same thing, I just wanted it -- because it sounds -- CHAIRMAN NANCE: Maybe not. Maybe not. MR. BROCK: I guess there's, you know, that possibility. Anything's possible. COMMISSIONER FIALA: I just wanted to put it on the record because -- MR. BROCK: Not a problem. COMMISSIONER FIALA: Okay. CHAIRMAN NANCE: Okay, let's take motions one at a time. There's a motion and a second on the floor, I believe, to allow me -- encourage me to meet together with the Clerk and the County Manager to obtain information to come back to the Board with an agenda item in September. Is there any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify Page 86 July 7, 2015 by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Okay, Commissioner Hiller, would you like to continue your item 'til after that time? COMMISSIONER HILLER: Well, is -- CHAIRMAN NANCE: I mean, this has got a predicate to your item. I'm just asking to gather information so that we can -- COMMISSIONER HILLER: Sure. CHAIRMAN NANCE: -- thoughtfully consider it. COMMISSIONER HILLER: I'll continue it. CHAIRMAN NANCE: If you want to do that -- COMMISSIONER HILLER: Yep. CHAIRMAN NANCE: If you would continue it and be so kind as to bring it back after we have information, then we can -- COMMISSIONER HILLER: Yep. CHAIRMAN NANCE: -- take it up. COMMISSIONER HILLER: Absolutely. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, I'm confused. Her item says you want to include the -- well, it's one through six, payment of services shall be reimbursed and not advanced. Wants the Clerk to comply to our purchasing policy and so on and so forth. CHAIRMAN NANCE: Yes, sir, this item's been continued. COMMISSIONER HENNING: But this is what she proposed was to hire an auditor. Page 87 July 7, 2015 COMMISSIONER HILLER: Uh-huh. COMMISSIONER HENNING: So if we continue this one, is it one through six or is it -- or is it a new item which is hire an independent auditor? COMMISSIONER HILLER: What I'm going to do is do what Commissioner Nance recommends, which is to continue the agenda item that is -- COMMISSIONER HENNING: So it is one through six. COMMISSIONER HILLER: -- the original recommendation. And then after he brings back information on -- you know, he and the County Manager have spoken to Mr. Brock, I'll revisit the issue of the audit and put that before the Board for a vote at a future time. COMMISSIONER HENNING: So it isn't the executive summary, it's actually an audit. COMMISSIONER HILLER: No, it's going to be a continuance of an executive summary as recommended by Commissioner Nance. And then if I deem it's appropriate based on the information that Commissioner Nance and the County Manager bring back to the Board, I will make a second executive summary that will recommend for the appropriate type of audit of the monies that the Board provides to the Clerk. COMMISSIONER HENNING: So it does include the audit. CHAIRMAN NANCE: Well, let's wait and see, sir. Let's do one thing at a time. Let's try to see if we can keep it in between the lines a little bit. MR. BROCK: Thank you, Commissioners. CHAIRMAN NANCE: Thank you, ladies and gentlemen. COMMISSIONER HENNING: How about above the line so we can all read it? COMMISSIONER HILLER: Commissioner Nance, do you want to make the next motion on continuing the -- Page 88 July 7, 2015 CHAIRMAN NANCE: I'll let you make the motion if you want to continue your item. COMMISSIONER HILLER: Yeah, I'd like to -- I'll make a motion to continue my item to bring it back after you do your presentation on the information that you've gathered -- CHAIRMAN NANCE: I'll second that. COMMISSIONER HILLER: -- from the County Manager. CHAIRMAN NANCE: I'll second that. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Discussion? (No response.) CHAIRMAN NANCE: There's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN NANCE: Any opposed? COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: 4-1 with Commissioner Taylor in dissent. COMMISSIONER TAYLOR: And let me explain. The reason I am opposing this is not to say that I don't recognize Commissioner Hiller's right to do this or the properness of it. But I feel that it's too convoluted, it's reaching for a lot of areas that I don't think have been solidified. And until we hear from your results of what you do this summer, and then I -- CHAIRMAN NANCE: You don't have to support it at that time, ma'am, it will just be continued and we'll deal with it. I think that's fair to everyone. Mr. Ochs? Page 89 July 7, 2015 Item #1 1 A RESOLUTION 2015-147: ESTABLISHING PROPOSED MILLAGE RATES AS THE MAXIMUM PROPERTY TAX RATES TO BE LEVIED IN FY 2015/16 AND REAFFIRM THE ADVERTISED PUBLIC HEARING DATES IN SEPTEMBER 2015 FOR THE BUDGET APPROVAL PROCESS MR. OCHS: Sir, that takes us now to Item 11.A. It's a recommendation to adopt a resolution establishing proposed millage rates as the maximum property tax rates to be levied in fiscal year 2016, and reaffirm the advertised public hearing dates in September, 2015 for the budget approval process. And Mr. Isackson is here to present or answer questions from the Board. COMMISSIONER HENNING: Move to approve. CHAIRMAN NANCE: Second. There's a motion to approve and a second. Any comments, discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) COMMISSIONER FIALA: Good presentation, Mr. Isackson. Page 90 July 7, 2015 CHAIRMAN NANCE: Passes unanimously. Thank you, Mr. Isackson. MR. ISACKSON: Thank you, Commissioners. CHAIRMAN NANCE: Your best ever. Item #11B AWARD BID NUMBER 15-6457 "NAPLES MANOR WATER MAIN REPLACEMENT - PHASE NO. 2 AND MPS 306 FORCE MAIN - PHASE III," TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $2,231,395 FOR WATER AND WASTEWATER IMPROVEMENTS UNDER PROJECT NUMBERS 70044 AND 71010 — APPROVED MR. OCHS: 11.B is a recommendation to award bid number 15-6457. This is the Naples Manor Water Main Replacement Project Phase 2, and the Master Pump Station 306 Force Main Phase 3 to the responsive low bidder, Douglas N. Higgins in the amount of $2,231,395. And Dr. Yilmez is available to present or respond to questions. COMMISSIONER HENNING: Move to approve, but I do have a comment. CHAIRMAN NANCE: I will -- COMMISSIONER FIALA: Second. CHAIRMAN NANCE: There's a motion to approve and a second. Commissioner Henning? COMMISSIONER HENNING: You know, if you take a look at the bids, they are very, very close. So that tells me that they did take -- we got a good price, because they're trying to outbid each other, and it was only a difference of less than $9,000 between one and two. So Page 91 July 7, 2015 that was good to see. CHAIRMAN NANCE: Comments? Discussion? (No response.) CHAIRMAN NANCE: Hearing none, there's a motion and a second. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Thank you for your anonymous -- unanimous approval. Yikes, we're early in this thing here. All right, Mr. Ochs? Item #11C AWARD BID NUMBER 15-4561 "MASTER PUMP STATION 306 FORCE MAIN PHASE II," TO BONNESS, INC., FOR $1,107,858.57 UNDER FORCE MAIN TECHNICAL SUPPORT PROJECT NUMBER 70044 - MOTION TO APPROVE AND RECOGNIZING THE CONTRACT NUMBER REFERENCED IN THE AGENDA SHOULD BE CONTRACT #15-6451 —APPROVED MR. OCHS: 11.0 is a recommendation to award bid number 15-4561. This is the master pump station 306 Force Main Phase 2 project to the lowest responsive bidder, Bonness, Incorporated for $1,107,858.57. And Dr. Yilmez again is available to present or respond to questions -- COMMISSIONER HENNING: I'll make a motion to approve. Page 92 July 7, 2015 COMMISSIONER FIALA: Second. COMMISSIONER HENNING: And likewise, same way with the other one, the bids were very, very close. Always good to see. CHAIRMAN NANCE: Nice to have many active bidders on an activity. Very, very healthy. Comments and discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor -- DR. YILMEZ: Mr. Chairman, if I might? Just one little correction. The bid number should read 15-6451, for the record. CHAIRMAN NANCE: Okay. MR. OCHS: I'm sorry, thank you. COMMISSIONER FIALA: We would probably notice that. CHAIRMAN NANCE: With that correction, there's a motion and a second. No discussion, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Another unanimous approval. Thank you, Dr. Yilmez. MR. OCHS: Thank you, Commissioners. Commissioners, that takes us to Item 11.B (sic), which was your add-on item from the County Attorney's Office. And this is a recommendation to approve and accept a proposed settlement agreement to finally resolve all Collier County claims in the matter regarding oil spill by the oil rig Deep Water Horizon in the Gulf of Page 93 July 7, 2015 Mexico on April 20th, 2010, now pending in the United States District Court for the Eastern District of Louisiana. CHAIRMAN NANCE: This is 12.B, sir? MR. OCHS: Yes, sir. MR. KLATZKOW: I'm happy to present now, but I think we're on 11.F. COMMISSIONER FIALA: 11.D is something different. COMMISSIONER TAYLOR: Yeah, 11.F. MR. OCHS: You want to move to 11.F? COMMISSIONER TAYLOR: Yeah, let's go to 11.F. Item #11F AMENDMENT #1 TO CONTRACT #15-6433 PRODUCTION OF THE TOURISM GUIDE TO MILES MEDIA GROUP, LLLP, AUTHORIZE THE CHAIRMAN TO EXECUTE THE COUNTY ATTORNEY APPROVED AMENDMENT, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM - MOTION TO APPROVE WITH MODIFICATIONS AS PROPOSED — APPROVED MR. OCHS: Excuse me, then. 11.F is a recommendation to approve amendment number one to Contract #15-6433. This is the production of the tourism guide to Miles Media Group. Authorize the Chairman to execute the County Attorney approved amendment and make a finding that this expenditure promotes tourism. This item was brought forward to the regular agenda at Commissioner Taylor's request. COMMISSIONER TAYLOR: And with your indulgence, Commission, it was brought forward because there were -- was a mission of two areas that Mr. Wert has agreed to comply with. And I'm Page 94 July 7, 2015 going to -- and these were the Clerk's concerns, and I'm going to allow the Clerk to -- Crystal to explain them. And I'm sure Mr. Wert will agree, and that's it. Mr. Wert has agreed to everything that was brought up at the last meeting. MS. KINZEL: Thank you, Commissioner Taylor. Yes, we had a very productive meeting with Mr. Wert and you and the Clerk's Office. And it appears on the revised amount that Jack has included the revenue and the concern. As we mentioned at the prior meetings, one of the concerns on the agreement was the netting of revenue. So the other aspect I'm working with Jack, we're going to be obtaining the backup and supporting documentation to validate that revenue at the third-party vendor, and we will work with that and be glad to report back to you successfully, hopefully in the fall. But to move forward, the guide, it satisfied us until we can look further at the revenues from the prior years. But for the current year, identifying the total cost was our request for the Board. CHAIRMAN NANCE: Mr. Wert, any comments? MR. WERT: No, Mr. Chairman, I think we did -- as Crystal mentioned, we did address all of the issues I believe that each of the Board members had and that the Clerk's Office had in that, so the revised executive summary actually put that up there just so I could highlight that -- the added revenue that we included in the executive summary for this item. So that is all now included and we think we're -- hopefully we're good to go. CHAIRMAN NANCE: Good to go, thank you. Commissioner Henning? COMMISSIONER HENNING: These publications, where are they going to be distributed? MR. WERT: In a number of different places, Commissioner. We distribute them first of all to all the requests for information that we get Page 95 July 7, 2015 through our website. We get telephone calls through our fulfillment house. And so from that also trade shows, we go to many, many trade shows over the year, they're distributed there as well. They're also provided in the welcome bags to people who come here for group meetings, to give them an idea of what all the destination has to offer. So a number of different places. Also in visitors centers throughout Collier County, and also at the airports as well, including the Fort Myers International Airport. So the guide has wide distribution throughout the U.S., and actually the UK as well, because that becomes their guide as well and anyone else that asks for a guide in English. COMMISSIONER HENNING: You know, my understanding about putting together a magazine that has a lot of advertisement, or even a newspaper, they put in advertising, they provide news, it pays for itself. In fact, there's a profit. MR. WERT: In some cases, yes. Not in all. Just look at the number of magazines that are out of business today that were in business five years ago. All of them are out of business because they didn't generate enough revenue to stay in business. In the case of-- and if I might, Commissioner, and maybe this is a good opportunity to explain to the Board, the advertising, it would be great if I could charge enough for each of these ads to cover the cost. But in fact that would not make our book at all competitive. We're in competition with many other guides, not only in our destination but other places as well. And our partners need to make a decision every year, do they want to put an ad in our guide, how about Visit Florida's guide that has an even bigger distribution obviously than we do. So there are a number of different opportunities for our partners to put their ad dollars, and most of them have pretty limited ad dollars. So every year it's a struggle. We need to go out and make sure that our ad rates are competitive. We kept them low during the Page 96 July 7, 2015 recession, that was very important to do so. We've inched them up a little bit in the last couple of years, but there is a limit where they just push back and say no, I'm sorry, we're not going to advertise in that book this year, so -- COMMISSIONER HENNING: That goes back to your point is, you know, some of the publications have gone out of the business because they didn't charge enough. They didn't seek enough revenue or they overpriced themselves. And -- MR. WERT: Sure, and I don't disagree. COMMISSIONER HENNING: So -- MR. WERT: I do think it's also important that we recognize that we don't have to get advertising revenue, and there are some destination that don't do that. Fort Myers right up the road does not accept advertising in their guide. The Florida Keys do not. Now, the individual Keys, they have their own guides, but for the destination of the Keys, they don't do a visitor guide with ads in it. So there is that possibility too. We made this determination several years ago to save the county money, to save us dollars that we could reinvest in additional advertising and so forth. So the reason we got ads is to offset some of the costs. We keep the number of ads in the guide at 40 percent or less. And much more than that, it becomes a coupon book and it really is not attractive. Certainly not in keeping with our brand, so we've -- COMMISSIONER HENNING: Well, I would like to see the contractor submit his invoice with time and material costs, how much does it cost, okay. MR. WERT: We will get that, absolutely. We've talked to them and they're in agreement, and we've talked to Crystal about that. That's the transparency that we've agreed to and they've agreed to. CHAIRMAN NANCE: Commissioner Fiala? Page 97 July 7, 2015 COMMISSIONER FIALA: Just a tiny little addition to what's been said, no questions. But when I was in the tourism industry and specifically the airline industry and I went to all the trade shows around the country, and we had to have that piece in order to give out to people. And the ads were the things that attracted them because it was highlighting some of the major hotels or attractions. And that was essential in trying to attract people to our area. And without that book, you know, you become just commonplace like everybody else. And so I applaud you for what you're doing, and I think that is so important to bringing people here. And obviously it works, because look at our tourism dollars that we bring in. That helps all of us save so much money. We don't have to worry about a lot of the dredging and everything else, and same with the beach parks, because it's taken care of. And even the museums, it's taken care of through the TDC funds. And so I welcome all that you have done, Jack, you've been a wonderful asset to our community. Ever since we robbed you from Tallahassee. CHAIRMAN NANCE: All right, Commissioner Taylor, is there a motion here somewhere? COMMISSIONER TAYLOR: Oh, I'm sorry, I thought there was. Yes, I'd like to make that motion, that we accept the agreement or what's before us with the modifications as stated by the clerk and also by Mr. Wert. COMMISSIONER FIALA: And I'll second that motion. CHAIRMAN NANCE: There's a motion and second. Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. Page 98 July 7, 2015 CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) MR. WERT: Thank you, Commissioner. CHAIRMAN NANCE: 5-0. All right, would you all like to do one more item before we break for lunch? We can do 11.G. Commissioner Henning, you pulled 16.D.16. Would you like to do that, Mr. Ochs? MR. OCHS: Yes, sir, this is -- CHAIRMAN NANCE: You want to break for lunch, sir, or you want to do one more? COMMISSIONER HENNING: Yeah. CHAIRMAN NANCE: Which one? COMMISSIONER TAYLOR: Yeah what? COMMISSIONER HENNING: The earlier. CHAIRMAN NANCE: You'd like to break for lunch? COMMISSIONER HENNING: Yes. CHAIRMAN NANCE: Okay, we're going to break for lunch for one hour. We're going to come back at 12:59. COMMISSIONER FIALA: Could I come back at 1:00? CHAIRMAN NANCE: 1:00. (Recess.) MR. OCHS: Mr. Chairman, you have a live mic. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Page 99 July 7, 2015 CHAIRMAN NANCE: All right. Mr. Ochs, I think we're at public comment at this moment. MR. OCHS: That's correct. CHAIRMAN NANCE: Mr. Miller. MR. MILLER: Mr. Chairman, we have three registered speakers for public comment. Your first speaker is Deborah Greenfield, and she'll be followed by Chris Hoganson. MS. GREENFIELD: Commissioners, my name is Deborah Greenfield. I'm president of Greenfield Advertising Group. For six years I've been doing business with Collier County Solid Waste, never had any issues. And about two months ago I was asked to fill out an unusual form for direct deposit for paying our invoices, which I did. I followed up 30 days later and told that my payments for my vendors was scheduled for April 30th and June 10th. June 10th came and went, no payments for direct deposit hit my account. And it wasn't until last week when I found out about the lawsuits and everything that was going on with Collier County government and the Clerk of Courts, and I'm at a loss at what to do. I was on the phone all last week with different departments, I -- legal pages of notes and all the people I spoke with. I have two purchase orders that I need paid. They directly affect small people. This is not government, these are small people. These are single mothers with kids who are not going to get their commissions because this has all been held up right here with everybody here. I have a purchase order, purchase order number 4500158318 and purchase order 4500158073. They amount to about $24,000, give or take. Actually it's a little bit more than that. But right now I have invoices that are in 90 days. And I didn't know until last week that these were not going to be paid. And I also got an email this morning bringing to my attention that the Commission is going on hiatus for two months, which means that Page 100 July 7, 2015 this could be tabled even longer. So I am here, I've been here since 9:00 this morning, you've seen me sitting in the back, waiting for an opportunity to address you. Because I -- I'm not a government person, I'm a little business owner. I don't know who to speak to to get these invoices paid. And I've been strung along now for two months thinking that everything was fine, right up until last week. So I got an email this afternoon while I was sitting here from one of my vendors asking for payment. He's going to lose his commission if I don't get him paid. And I don't have the funds to forward to these people. So I'll eventually get paid when this all straightens out. The stations -- I buy television and radio on your behalf. They'll eventually get paid. But it's the little people this trickles down to. We're heading into the summer, electric bills go through the roof We have -- like I mentioned, I mean, there are single mothers trying to raise kids, they're not going to be able to pay their rent, they're not going to be able to make their car payments, they're not going to be able to pay their electric bills or buy food. This trickles down and it affects everybody. So I am pleading with you today to please figure out a way to get my purchase orders paid. We took this business in good faith and after six years of doing business with Collier County government and never having an issue, all of a sudden this popped out of nowhere last week. So I need your help. CHAIRMAN NANCE: Thank you. Commissioner Henning, then Commissioner Hiller, then Commissioner Fiala. COMMISSIONER HENNING: Do you have a contract, ma'am? Do you have a contract with the Board of Commissioners? MS. GREENFIELD: I reply to RFPs. And it's my understanding that anything under $3,000 there was not a formal RFP offered. And I Page 101 July 7, 2015 have two con-- two I call it loosely a contract. We don't have formal paperwork. I submit schedules for the stations and I get approval from the department. COMMISSIONER HENNING: You know, why don't you submit -- give me all the stuff that you have and I'll put it on the next agenda for payment. MS. GREENFIELD: And when would that be, sir? COMMISSIONER HENNING: It will be in September. MS. GREENFIELD: Exactly. That's 60 days from now -- COMMISSIONER HENNING: And you -- MS. GREENFIELD: -- and I have invoices in 90 days currently. COMMISSIONER HENNING: Okay. And you just heard about this issue -- MS. GREENFIELD: I just heard about this issue last week. And I was on the phone just about every day. Crystal's aware of it. I started with the Solid Waste Department and just started making phone calls and asking questions and I got referral after referral after referral. And again, you know, when I first initiated where the payments were coming from, I was told that payments were scheduled to hit my account on April 30th and June 10th. And when June -- April 30th came and went and I didn't think a whole lot of it and then when June 10th came and went, then I got concerned. COMMISSIONER HENNING: Well, again, if you want to give me those, I'll be happy to put that on the agenda. MS. GREENFIELD: It's not going to help. CHAIRMAN NANCE: Commissioner Hiller, then Commissioner Fiala. COMMISSIONER FIALA: Don't leave yet. COMMISSIONER HILLER: Wait, hang on. We're still addressing your concern. I'm very sorry to hear what's happening to you. And you are one Page 102 July 7, 2015 of many victims of what the Clerk has done for the first time. He for the past 15 years has been paying invoices such as yours in the manner prescribed by our ordinance and then all of a sudden he has decided that he will not pre-audit these invoices. And we approve them for payment subject to his pre-audit. So right now there are several issues. The first is the fact that you submitted these invoices. There is a law that governs how he is supposed to deal with them and he is choosing not to respect that law, which is why you are falling victim as you are. And I really feel for you, because it's not only you. I mean, there are all these other businesses that are similarly situated that are suffering because of what he is doing. And it's a really big problem. He has sued our County Manager, he has sued our purchasing director. And what the county decided to do at the last minute -- not at the last minute but -- at the last meeting to help vendors like you is the county is joining the lawsuit that is ongoing, and they are going to -- Jeff, can you clarify for me your -- what you're asking for and where we are in the process on that? MR. KLATZKOW: We're in the process of trying to get closure on this issue. Trying to get at least the court to order there be a status quo until the full issue is heard. And by status quo I mean that payment of invoices would continue as has been historically done. COMMISSIONER HILLER: And so basically -- and that is going to happen. They're just waiting for a date to have the judge hear this. And hopefully the judge will understand the severity of the situation, will respect the current law, will direct the Clerk to do what he has done which is to pre-audit and then move it forward for payment. And that would happen ahead of that next board meeting that Commissioner Henning was referring to. So I really hope that the court does the right thing by you and all the other vendors out there and provides you with the relief you Page 103 July 7, 2015 deserve. And there's no reason why he's doing what he's doing. I mean, really, conceivably -- and, you know, Commissioner Henning brings this up. It for all intents and purposes appears to be political on his part. And that's a real problem, because you're a victim of this situation. But I do want you to know that the County Attorney's Office as well as the attorneys representing the County Manager and the attorneys representing the purchasing agent for the county are all doing everything they can to resolve this situation and to help people like you. So if I may make a suggestion, stay in touch with the County Manager and he'll keep you apprised of where they are in the process, and as soon as there's resolution inform you of that. COMMISSIONER FIALA: I have a question, please. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: And Jeff, is winning an RFP a form of a contract? MR. KLATZKOW: A purchase order is a form of a contract, so yes. COMMISSIONER FIALA: Okay. And she won the RFP, right? MS. GREENFIELD: Then yes I do, I have two current contracts with the government. COMMISSIONER FIALA: So I would think that that's already a contract. And if it is, then I don't see why we can't -- we've had a couple other walk-on items today, why can't we approve a walk-on audit? COMMISSIONER HILLER: Because he has to pre-audit it. That's what the whole lawsuit is about. MS. GREENFIELD: They've been audited. COMMISSIONER HENNING: No, that's not true. Page 104 July 7, 2015 COMMISSIONER HILLER: No, he hasn't audited them. He has not audited those. COMMISSIONER FIALA: Let's try and get this done. So let's try and get this thing done. So -- COMMISSIONER HILLER: No, no, can I make a suggestion? That that would be inappropriate in light of the litigation -- THE COURT REPORTER: Could you please get closer to the mic. COMMISSIONER HILLER: I said it would be inappropriate for you to take the action you're proposing in light of our law and in light of the litigation. COMMISSIONER HENNING: I'm willing to -- COMMISSIONER HILLER: Commissioner Fiala -- MS. GREENFIELD: Could I make a comment, please? COMMISSIONER HILLER: Commissioner Fiala? COMMISSIONER FIALA: Yes, everybody's trying to make a comment at the same time. CHAIRMAN NANCE: Commissioner Fiala, go ahead, you have the floor. COMMISSIONER FIALA: Your comment is, ma'am? MS. GREENFIELD: My comment is last week when all this came under question, every single vendor invoice I had was sent to Crystal's office. It was all audited. There were a couple of questions; they were addressed. And I spoke with Robin in your office and she said as long as the commissioners approved it she would pay it today. COMMISSIONER HILLER: Well, that's very -- hang on a second. That's not what's going on. Can you -- Leo, can you verify whether or not these have been pre-audited? Because that's -- MR. OCHS: Commissioner, my understanding is that anything that's pre-audited is brought forward on your disbursement report. I Page 105 July 7, 2015 confirmed that this morning with regard to the disbursements reports on today's agenda -- COMMISSIONER HILLER: Right. MR. OCHS: -- and Ms. Kinzel confirmed that everything on there was pre-audited by the Clerk. If they have pre-audited invoices that are ready to come to the Board and are being withheld for some reason, then I think the Board -- MS. KINZEL: Perhaps I can clarify. Mr. Chairman? CHAIRMAN NANCE: Go ahead. MS. KINZEL: For the record, Crystal Kinzel. Part of our pre-audit function, as we have routinely repeated, is that this Board has made an approval of the invoice or the expenditure. Primarily the expenditure, which should occur before you even have an invoice. But the timing. We have audited, as Debbie's just indicated, everything except we do not have an approval by this Board. COMMISSIONER HILLER: And that's why -- MS. KINZEL: That is why it's not on the disbursement list. The things that are on the disbursement list we were able to validate some method of Board approval on the item in addition to our other pre- audit or audit of invoices. So the reason it's not appearing is because we cannot link it to an approval by the Board. And that's been our consistent position and it's been reported for the last three months that these items could come to the Board and be approved by this Board and the Clerk will have an ability to pay. COMMISSIONER FIALA: So an RFP in this case is not a contract. MS. GREENFIELD: It is a contract. COMMISSIONER FIALA: Well, I know it is, that's what we just heard. But Crystal is saying no. MS. KINZEL: No, Commissioner, that's not what I'm saying at Page 106 July 7, 2015 all. A request for proposal is actually a solicitation in which the vendor responds. Then the county purchasing department should issue purchase orders. There's ample opportunity between all of those before they even acquire her services to bring those items to the Board of County Commissioners for approval prior to the expenditure being made. The Board then makes a validation of those expenditures as valid, they submit their invoice, we audit the invoice and we prepare it for disbursement. That's how it should work. COMMISSIONER HILLER: And what you've just said is incorrect. Because that's not the law nor is that how it has taken place. And for you to suggest that we have to approve and then you're going to audit the invoice? You just said you audited the invoices. MS. KINZEL: No, Commissioner, we audited for everything except we were unable to validate the Board having approved the items. And this has been consistent. And I'm not going to argue the law, that's obviously in the courts. But I don't want a misperception of what is or isn't done. It's been consistent in our conversation. COMMISSIONER TAYLOR: And so we have -- oh. And so we have time. I think we will have time. We will have time to review those expenditures. COMMISSIONER FIALA: But she doesn't have time. COMMISSIONER TAYLOR: We have the time -- well, we'll see how we go today. But we are meeting at 5:00, so I dare say that we will have time before this meeting tonight is adjourned. COMMISSIONER FIALA: You mean to take my idea up of have a walk-on item? COMMISSIONER TAYLOR: Yes. COMMISSIONER HILLER: So it's going to come on as a pre-audited expenditure fully audited. Except for the -- I'm just telling you, it has to be fully audited. We from -- Page 107 July 7, 2015 MS. KINZEL: No, Commissioner. COMMISSIONER HILLER: -- zero to $100 million will not approve expenditures that have not been fully pre-audited. And after they are pre-audited they come to us for a declaration that they serve a valid public purpose and that we authorize payment. It doesn't get approved by us and then go back to you for additional audit. MS. KINZEL: Commissioner, I understand -- COMMISSIONER FIALA: Commissioner? CHAIRMAN NANCE: Hold on one second, let me ask one question. How -- Mr. Ochs, are you aware of how many items are enjoying this same status? COMMISSIONER TAYLOR: Almost 300 the last meeting. MR. OCHS: Sir, I don't know -- CHAIRMAN NANCE: Do you have an estimate of how many invoices are in this same situation? MR. OCHS: There's about $800,000 worth of-- I don't know how many -- what the number is, but I think that's the dollar amount of these expenditures that have not been presented. Only because of the position that's been taken in the litigation. Which may be consistent for the last 60 days, but hasn't been for the last 15 years, as I view it. CHAIRMAN NANCE: Okay, so what we're saying is a fix as being suggested by the Clerk is we walk all these individual items on our agenda? I don't think that's going to be possible. MR. OCHS: Once you approve all of the purchase action in addition to approving the expenditure. COMMISSIONER HILLER: It's not possible. And then have him audit it. It's not possible. CHAIRMAN NANCE: That's not going to be possible. Commissioner Henning? COMMISSIONER HENNING: I make a motion we add this Page 108 July 7, 2015 item on today's agenda for payment. But if you bring those to me, I'll have a copy of it and we'll give it to the other Commissioners. That's my motion. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion and a second. Any comment? COMMISSIONER FIALA: Let's hear from the -- from the attorney or the County Manager or something, just to get their comments on it? MR. KLATZKOW: It's the pleasure of the Board. COMMISSIONER HILLER: It's not the pleasure of the Board. It's the law. We have a law that dictates how this is supposed to happen and how it always has happened, and to sit here and say it's the pleasure of the Board to violate its own ordinance is not an option. MR. KLATZKOW: Ma'am, you approve some agreements, some agreements are done administratively. If it's the pleasure of the Board to hear this one and approve it because of your public speaker, that's the Board's prerogative. CHAIRMAN NANCE: Any other comments? (No response.) CHAIRMAN NANCE: We have a motion and a second. All those in favor, signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: All those opposed. Aye. COMMISSIONER HILLER: Aye. COMMISSIONER FIALA: I didn't vote, you're right. I'm trying to figure out what the right thing to do is. I want to pay her. Because I feel these should be paid. And I think we can do this today. COMMISSIONER HILLER: And what about the other 800,000? Page 109 July 7, 2015 COMMISSIONER FIALA: Well that's the problem. There's my -- and that's why I asked for Leo's comments. MR. OCHS: My comment is that if you're going to make an exception for this one, then you may as well line up the hundred vendors that are waiting. And that is -- CHAIRMAN NANCE: It's not going to solve it. MR. OCHS: -- contrary to your policy and your ordinance. And I don't know why you would go contrary to your ordinance. COMMISSIONER TAYLOR: But isn't your argument self-serving, sir, because you are in litigation with the Clerk? I don't think you should be opining on it. And I'm not saying that disrespectfully. MR. OCHS: Yes, ma'am. COMMISSIONER TAYLOR: I really am not saying it disrespectfully. MR. OCHS: I know that. COMMISSIONER FIALA: I asked for it. MR. OCHS: It's not self-serving because it's your law and it's your ordinance, it's not mine. I'm just asking you to follow your own ordinance. CHAIRMAN NANCE: It's the currently adopted policy of this Board -- COMMISSIONER FIALA: And if I set a precedent here then we'll have a problem -- COMMISSIONER HILLER: It's not the law. COMMISSIONER FIALA: -- and it will suffocate us. I understand what you're saying. COMMISSIONER HILLER: It is not the law. CHAIRMAN NANCE: So you're voting nay? COMMISSIONER FIALA: Yes. CHAIRMAN NANCE: Okay, the motion fails 2-3. Page 110 July 7, 2015 COMMISSIONER TAYLOR: It's not going to happen today. COMMISSIONER HILLER: And I want the Clerk to preaudit it and bring it to the Board for a determination of valid public purpose and approval of payment as prescribed by our ordinance. CHAIRMAN NANCE: We are familiar of where we are in this argument. Let's go to the next public speaker, please, Mr. Miller. MR. MILLER: Your next speaker is Chris Hogenson. He'll be followed by Anthony Fortino. COMMISSIONER TAYLOR: Terrible, terrible, terrible. Call in a mediator. MR. HOGENSON: Good afternoon. Welcome. Welcome me. Nice to see you this afternoon. A couple -- COMMISSIONER FIALA: What is your name? MR. HOGENSON: -- very similar arguments. I have a -- CHAIRMAN NANCE: Tell us your name again, please, sir? MR. HOGENSON: Chris Hogenson. My company name is Entertainment Source. CHAIRMAN NANCE: Thank you. MR. HOGENSON: We've been doing business with the county for over 15 years, a long, long time. Every payment that we've ever had in the past has been through a purchase order. We've never had a written contract. I was told long ago that the Collier County Board of County Commissioners will not sign a contract, that POs are the only way to go. I have many, many invoices that have not been paid also, like the last person. What we are doing is we're doing the summer camp programs for the Collier County kids. We're giving them inflatable games, disc jockey, karaoke, things of that matter. I have 14 upcoming dates, five this week, that we're not being paid on anything. And I don't know if I should be delivering these Page 111 July 7, 2015 products and have to wait again until September until you guys are able to pay or -- I need some direction on them where I should go. I mean, it's really the children that are going to suffer for this whole problem here. Does that matter? I'm wondering. CHAIRMAN NANCE: Sir, it does matter. It's the nature of the argument that is currently in the court system. And I personally would love to take action on your item, but if we begin to do that, we're obligated to handle literally hundreds and hundreds and hundreds of items in a way that's a policy that hasn't been adopted by the board. The Clerk would like that. That is what -- the Clerk's aim is to have us do this. And that is the nature of the litigation that's taking place. So at this time unfortunately I don't think we can do that. We're just -- we're in the midst of a court procedure. You know, I personally asked the Clerk to carry on business as he has the previous 15 years until this can be resolved. And our County Attorney is seeking an injunction to maintain that status quo until that -- this can be resolved. And unfortunately you are caught in the middle. To my great chagrin, actually. MR. HOGENSON: Not just me. I mean, here we are with these summer camps, all of the kids' parents have paid $66 a week for their summer camps to have events going on. We have been contracted with a purchase order to provide these and then we're not being paid for them. And we don't know because of the conflict if we are going to be paid on these. So what I'm going to have to do is cancel every event that we have scheduled. And the kids are really going to suffer. CHAIRMAN NANCE: There is -- MR. HOGENSON: Also us. I mean, we're a small business, the money that's owed to us right now makes a big difference. CHAIRMAN NANCE: Sir, I understand. But this Board cannot Page 112 July 7, 2015 make the Clerk do his job. The Clerk has decided after 15 years he's apparently had a sudden attack of conscience and he doesn't want to do that and he wants to enga-- you know, he wants to use you as a mechanism to try to force the Board to do something that's in litigation, at his initiation. So -- MR. HOGENSON: He's elected, correct? COMMISSIONER HILLER: He is. CHAIRMAN NANCE: He's elected. MR. HOGENSON: So I don't understand how this is helping him with all the -- CHAIRMAN NANCE: I don't either, sir, but it's by his choice. And I apologize to you. As Chair, you know, I just -- I don't have the mechanism to fix it without causing this whole thing to blow up into a nightmare over the summer. Commissioner Henning? COMMISSIONER HENNING: Sir, yeah, I apologize. Commissioner Taylor and myself would like to see you get paid. However, we don't have a majority; it's become a political argument in the court. You know, some believe that staff has the ability to make expenditures, some believe that only elected officials have that obligation. The problem is you're not going to get paid today -- MR. HOGENSON: All right, I had another point here. When I read the complaint, or the argument, it was companies that were invoicing overs $50,000 that he was worried about? COMMISSIONER HENNING: No, under. COMMISSIONER TAYLOR: Under. MR. HOGENSON: Oh, under. Okay, I misread that then. Okay. CHAIRMAN NANCE: Commissioner Hiller? MR. HOGENSON: That's definitely where we fall in, so -- COMMISSIONER HILLER: Commissioner Nance, what you Page 113 July 7, 2015 said was on point. And I echo how you feel and your conclusions. The Clerk by his actions is hurting this community. He is hurting the children, he is hurting the vendors, he is hurting the families that rely on the vendors' earnings, and it's reprehensible. It's unconscionable. And to what end, I don't know. But I will tell you, it is completely against the law. And the Clerk cannot tell the Board what to do. Just like we can't tell him. However, he has a statutory duty to pre-audit. And with whatever his conclusions are, he must advance that pre-audited invoice to the Board. And with that the Board, based on our law and based on statute, will make a determination if there is a valid public purpose served. And we authorize payment. He does not authorize payment. The spending authority, the discretion with respect to spending is the Board's. And the Board has retained that. COMMISSIONER HENNING: That's what I said. COMMISSIONER HILLER: And the Board will only approve payment after the full pre-audit is done. And then it comes to the Board and we approve it. And he's not pre-auditing. He's withholding your invoices. MR. HOGENSON: With that said, the purchase orders that I have received for the upcoming events, what would you think? I mean, since we have that and that is a valid contract, should I still deliver? COMMISSIONER HILLER: Here's what I -- CHAIRMAN NANCE: Excuse me, Commissioner Hiller, let me COMMISSIONER HILLER: Sure, go ahead. CHAIRMAN NANCE: -- interrupt you one time. Sir, I'm the current Chairman of the Board. I have to sign on behalf of the Board. COMMISSIONER HILLER: You do. Page 114 July 7, 2015 CHAIRMAN NANCE: Our staff is already authorized under our policy -- my signature is already on your check. MR. HOGENSON: Okay. CHAIRMAN NANCE: Okay? What is lacking is the attestment (sic) and the approval of the Clerk. We've already made that approval. Our policy has approved you for payment. My signature is on it. COMMISSIONER HILLER: It is not. CHAIRMAN NANCE: Sure, it is. It's on it. We have agreed, our policy says to pay this man. My signature is as good as on it. The Clerk is not following through and doing his job to get you the payment. If the Clerk approves your payment, you'll get it. We've already -- our policy already calls for you to be paid. I agree with it. MR. HOGENSON: So the percentage of chance of getting paid on the upcoming events is? COMMISSIONER HENNING: Good. MR. HOGENSON: Good? COMMISSIONER HENNING: If I could have the floor. MR. HOGENSON: Is there like a number good? CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: We are going to go on break, but the first meeting in September, if you get together with me prior to that, I'll put it on the agenda. MR. HOGENSON: Okay. COMMISSIONER HENNING: Okay? Now, the misperception that, you know, staff members hold checkbooks for the Chairman to sign is not true. The constitution, Florida Constitution, Article 5, if anybody wants to read it, clearly states the Clerk's obligations. And he holds all funds of the county board. Not staff, not commissioner, it is the Clerk. It's the law. Some people just don't want to abide by the law. But I'll help you out. If you want to get together, I'll get it on the Page 115 July 7, 2015 agenda and we'll see if the majority of the Board wants to pay you. MR. HOGENSON: Hopefully we can wait that long. September, my business may be out of business by then. You know, it's a lot of money for us. It's our summer money. It's our summer funds. It's our mortgage payments, my car payments. Every payment is being held up by this fight for power. And it's not right for the vendors to have to go through this. COMMISSIONER HENNING: I agree. CHAIRMAN NANCE: Commissioner Fiala, then back to Commissioner Hiller. COMMISSIONER FIALA: And you're right, you're absolutely right. We set a policy years ago. We, the County Commissioners, set a policy that anything between $3,000 and $50,000 we give the authority to the County Manager to get the checks paid. That's how it's been. In fact, that's how it is in all other 66 counties. We -- all 67 counties have been operating under that same premise for as long as I can remember, and I've been here 15 years. And then all of a sudden now the Clerk is saying no, each and every one has to come back to the Board for approval. Even though our approval is -- because we're gone for months in the summer or around Christmastime there's a month, and we've asked the County Manager to take over that responsibility and get those checks paid so nobody has to go without. And all of a sudden now he's -- it's interpretation is what it is. He's interpreting one way, we're still interpreting the way every other county in the State of Florida is interpreting and the way our policy had stated and he's abided by all these years. And I'm sorry you're getting caught in this. I so want to pay you, I really do. MR. HOGENSON: I'm just worried about the upcoming events, because I think we'll just cancel them. I mean, all the kids that have Page 116 July 7, 2015 paid for their summer camp money aren't going to be able to enjoy it. And I think they're actually on the short side of this. COMMISSIONER HILLER: And -- can I say something? CHAIRMAN NANCE: Commissioner Hiller. COMMISSIONER HILLER: And what I would say is it's the Clerk's fault bottom line. He has a duty by law to pre-audit and to advance those pre-audited invoices to us. He has a duty to get it all done so payment can be made within what is it, 45 days, is that's the Prompt Payment Act? And he is failing to do that. We have a law that has been the law for -- it has been a policy and is now law for a very long time. He has unilaterally arbitrarily decided to make a change that is directly hurting the children of our community, that is directly hurting the vendors of our community, and we as a Board have taken the stand that we will fight it and we will do what is right by you and get it done. And we have a County Attorney and we have the attorneys for the County Manager and for the purchasing agent who are asking for a hearing as quickly as possible in front of a judge, asking that the Clerk be held to the standard that has been the county standard for the past 15 years. Just like you said, you've been doing business with the county and this never happened before. This never happened before because the law was what it was then and it is the same thing now. And I'm very, very sorry that you're a victim. And we are doing everything we can through the legal process to get you paid as quickly as possible, but we have to follow the law. Our County Manager and our purchasing agent are vested with the administrative ability to make the purchase. The payment of that purchase is reserved to us after the pre-audit. And that's when we approve it for payment. But the Clerk must pre-audit it before we do that. MR. HOGENSON: So the upcoming purchase orders, yes, no? I Page 117 July 7, 2015 should deliver -- COMMISSIONER HILLER: I think you should go ahead and deliver it. Because the issue is it's going to go before the judge and, God willing, the judge is going to say this is the law. It is, we have a purchasing ordinance that dictates this. We're not being arbitrary, we're not changing how the process is handled for one vendor over another. We are being consistent with the past, we are being consistent with our law and we're praying for the court to help you to help our community. CHAIRMAN NANCE: Until a final resolution. COMMISSIONER HILLER: And with the Court's blessing, the status quo will be maintained and the Clerk will have to proceed as he has always done which is you will submit your POs, you know, with proof of what you've done to him for the pre-audit, they will come to the Board, and the Board is the last approval. We say it serves a valid public purpose, it's approved for payment, we did it this morning with a whole slew of pre-audited invoices. And whether it's zero to 50 or 50 to $100 million, the process at the end of the day to approve for payment is the same. MR. HOGENSON: Okay. Thank you for your time. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Why don't you stay there for a second. You asked a question, I don't think it was answered. If these invoices that you have are submitted to Commissioner Henning, and if he puts it on the agenda in September and if it's approved by the Commission -- you know, I'm going if okay -- how long does it take for this gentleman to get paid? MS. KINZEL: We run check runs every week and we can do off-cycle check runs upon approval. COMMISSIONER TAYLOR: A day or the next day, sir. So you Page 118 July 7, 2015 asked a question, what should you do. You will be guaranteed, assuming we have a majority to do this, to be paid the day of or the day after the meeting, the first meeting in September. MR. HOGENSON: Okay. COMMISSIONER TAYLOR: So that gives you a framework from which to make your decisions. And I'm in tears. MR. HOGENSON: Thank you very much. MR. MILLER: Mr. Chairman, your final speaker on public comment is Anthony Fortino. MR. FORTINO: Good afternoon, Commissioners. My name is Anthony Fortino. As you are aware, my company, Fortino Construction and Development has a contract to purchase 5.27 acres with the county located in the Gateway Triangle property. I'm here today to respectfully request an extension to be closed -- we have a closing coming up on Monday, the 13th. I'd like to request an extension for any time between July up to July 28th of this month. We've been in discussions and interacting and getting documents back and forth with county staff. They don't seem to have a problem with that. We do have the funds in place to close and so that's what I'm here to appear before you today to respectfully request that. CHAIRMAN NANCE: Did you request this to get put on the agenda, Mr. Fortino? MR. FORTINO: No, I have not. COMMISSIONER HILLER: Why not? CHAIRMAN NANCE: How can we deal -- we can't deal with this under public comment. COMMISSIONER TAYLOR: No. MR. FORTINO: I was told that I can come and hopefully speak and request to see if you would provide a vote on if we would extend it because you're going on hiatus and we have a closing coming up. So again, we would close on or before the 28th of the month. Page 119 July 7, 2015 Because the closing is happening on the 13th. It's actually on a Sunday, the 12th, but it gets moved to the 13th of July. CHAIRMAN NANCE: Mr. Klatzkow? MR. KLATZKOW: I learned about this just moments before this started. And I was able to get the contract. The contract provides that the closing should have taken place six months after the purchase of the signed agreement. That was 11/13/2014. It gave staff the ability to extend for 60 days. That day is July 13th. CHAIRMAN NANCE: So he legally has between now and July 13th? MR. KLATZKOW: To close. CHAIRMAN NANCE: And you can't do that? MR. FORTINO: Again, I respectfully request to see if we can extend it for a few more days or another two weeks, whatever is -- on or before the 28th. CHAIRMAN NANCE: Commissioner Hiller, I don't think we can do this, but -- COMMISSIONER HILLER: We can't. I mean, it's -- we're not in a position to do it. I mean, it was very clear by contract what the period was for that extension. We don't have the contract in front of us, this -- you know, we haven't had the opportunity to talk to staff as to why you want an extension and review it and determine if there's reasonableness. You say you have funding in place, then you should be able to close on the 13th. MR. FORTINO: Yes, you're right, Commissioner, and we do have funding in place and it's basically all administrative on our side. Because I'm doing -- I'm adhering completely with my contract with you, I'm adhering to all those terms and obligations. I'm not going back on anything except for all I can say is that I need -- it's administrative. I've identified partners and, you know, we're looking at not only the closing of the land purchase but it's also on the construction financing, Page 120 July 7, 2015 we're looking beyond that. You know, we're looking at -- COMMISSIONER HILLER: You don't have your financing in place. MR. FORTINO: We don't have all the fin-- we have the financing for the construct-- for the purchase of the property. COMMISSIONER HILLER: But you don't have the financing for the construction in place. MR. FORTINO: We will have that in place. It's all administrative right now. That's why I'm requesting that extension on or before the 28th. CHAIRMAN NANCE: Mr. Fortino, the process would have been to go to staff and ask them to put an agenda item on here with the backup for our consideration before -- when you come up here just to make a comment and you ask us to make a decision, these board members have no information by which to make a determination whether they support your request or not. That's the dilemma we're in. MR. FORTINO: We were interacting with county staff, you know, providing all the documentation to get the project closed -- the purchase closed, and they don't seem to have a problem with extending it. Because, you know, title has been done, all of the due diligence items has been completed. It's just a matter of, you know, a couple of days or -- again, we're not looking to extend it more. We want to get this thing closed so we can move forward and, you know, get our site plans in with the County Manager and move forward. I mean, I'm not looking to -- it's not a delay tactic in any way, please don't take it that way. I've worked long and hard on this project. And I'm not requesting three months here, I'm requesting a week or two. That's all I'm requesting. MR. OCHS: Mr. Chairman, I learned about this late yesterday afternoon for the first time and I was unwilling to walk an item on like this. And I imagine that's why Mr. Fortino's in front of you in this Page 121 July 7, 2015 forum. COMMISSIONER TAYLOR: So I'm sorry, County Manager Ochs, you didn't suggest that he come before us under public comment? MR. OCHS: No, the question was, you know, could we walk an item on or put an item on and I had said no, I'm not going to do that. Follow-on question was well, is there any opportunity to address the Board? And quite honestly the only one is the public comment section of the agenda. Anybody can address the Board on any matter technically under public comment. So that's -- COMMISSIONER HILLER: But it's not an agenda item that has been noticed, we -- MR. OCHS: Commissioner, I agree with you. Look, I'm not supporting this and didn't advocate for it. CHAIRMAN NANCE: Mr. Fortino, the Commissioners here simply don't have any information provided by you to make a determination. That's why we have to have an agenda item. We can't just come up here and wing it. We have an agreement with you that, you know, I presume we signed it, you signed it, everybody agreed to it. So now you're coming here at the 11th and a half hour and asking us to make a determination to do something else. So I hope you understand, you need to do what you said you were going to do. MR. FORTINO: Commissioner, I have every intention of doing what I'm doing. And again, I will state for the record, I'm adhering to our agreement, I simply am respectfully requesting a small extension. It's not a delay tactic. The agreement does not change. And it's interaction. My attorneys, talking with county staff, didn't see that it was going to be an issue. However, I was instructed to come and say hey, listen, since you're going on a long vacation, this was going to be your last meeting until September, this was the time to, you know, come in and address this. Page 122 July 7, 2015 MR. KLATZKOW: Your leaving has nothing to do with this. His closing date's less than a week from now. MR. FORTINO: That's correct, yeah. And again, I'm adhering to the contract, I'm not delaying anything. I mean, if I wanted to delay, I wouldn't even be here. I would say look, I'm out of the contract and that's it. CHAIRMAN NANCE: Now wait a second, you're telling me you don't want to delay, but you're telling me you want to delay. So what does that mean? MR. FORTINO: Well, what I'm trying to explain to you, everything is with the attorneys, and they needed a little bit of additional time to get everything done. That's all I'm saying. COMMISSIONER HILLER: They knew the terms of the agreement. MR. FORTINO: I understand. And again, I apologize for a little bit of delay that I'm requesting. COMMISSIONER HILLER: Hold your attorneys responsible. MR. FORTINO: Well, I'm looking to close the deal. I have a vision that I fully intend to go through. And I'm not asking for, you know, something that's, you know, outlandish either. I'm just asking for a few more days just to get administrative -- CHAIRMAN NANCE: I'm just telling you, sir, that I can't ask my Commissioners to vote on something that they have no knowledge of. So what you need to do is you need to turn the lights on and get your attorneys to go to work and get the thing closed by the date. MR. FORTINO: Okay. I appreciate it. Thank you, Commissioners. CHAIRMAN NANCE: Thank you. Commissioner Hiller? COMMISSIONER HILLER: You said it. CHAIRMAN NANCE: All right. Page 123 July 7, 2015 Mr. Miller? MR. MILLER: Well, yes, sir, that is -- CHAIRMAN NANCE: Anything else exciting? MR. MILLER: -- all your public comments. I'm just waiting to see what's next. CHAIRMAN NANCE: Me too. Mr. Ochs? Item #9F 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 #11D.] — APPROVED WITH CONDITIONS MR. OCHS: Yes, sir. Commissioners, what's next is your 1 :30 p.m. time certain. It's Item 9.F on your agenda. This item was continued from your June 23rd, BCC meeting. It requires ex parte disclosure to be provided and participants to be sworn. This is a recommendation to approve for recording the final plat of Legacy Estates, an approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. There also is as companion item, 11.D, that will be heard immediately following this item. CHAIRMAN NANCE: Okay, we will open the public hearing at this time and we will call for ex parte disclosure. Commissioner Henning? COMMISSIONER HENNING: Nothing additional. Page 124 July 7, 2015 CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: The only thing that I have from previously is I spoke to staff again. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, under correspondence -- oh, on 9.F I do have disclosures. Under correspondence, I received a letter and an email from Elizabeth Nelson and also I spoke with staff on this item. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Discussions with staff. No correspondence. CHAIRMAN NANCE: I have received a letter from Dr. Nelson and also had meetings with staff. COMMISSIONER HILLER: I want to correct mine. That's true, we've had communication, because it was a letter to the BCC. CHAIRMAN NANCE: Yes. COMMISSIONER TAYLOR: If that's the case, I didn't read it, so I need to declare it too. Sorry. CHAIRMAN NANCE: Will all those planning on testifying, please rise to be sworn in by the court reporter. (All speakers were duly sworn.) CHAIRMAN NANCE: All right, who is going to present? MR. URBANCIC: I will, Mr. Chairman. Greg Urbancic, Coleman, Yovanovich and Koester for the petitioner this matter. I'm pleased to report that we're in front of you today under different circumstances than we were at the last meeting. We've had the opportunity to have our developer representatives meet with the neighbors in a series of meetings, and I'd like to commend your staff in helping coordinate those and participate in those. Mr. French, Mr. McClean, Mr. Holesworth, Mr. McCannon, I'm sure I'm probably leaving some out, but we were successful through Page 125 July 7, 2015 those meetings in reaching what we termed a cooperation agreement with the immediate adjacent neighbors. We're waiting on one signature to come through by email, but I'm pleased to report that we've agreed on a set of terms which we think are beneficial for the entire community and that particular area involving landscape, some monuments and things like that. So our proposal today is the same as it was, but this agreement suggests that the neighbors will give us easements on their side and we will file for an insubstantial change and straighten out the road and then do some repaving when it's gone and I think betterment for the entire area there. So I'm happy to answer any questions, but I'd like to also thank Dr. Nelson, Mr. and Mrs. Smith and Mr. and Mrs. Stressenreuter, who are the immediate adjacent neighbors, for their participation and assistance in this. CHAIRMAN NANCE: Wonderful. So I look forward to -- we're going to hear from Commissioner Hiller, then we're going to go to the public speakers. I'm delighted that people are working together. Commissioner Hiller? COMMISSIONER HILLER: I would agree. Just to confirm, you will not be applying for the right-of-way permit with respect to the public road, that the public road is going to stay -- the public portion of the road is going to stay as is, and then you are going to work with your neighbors on getting easements for the private portion of the road. And that in exchange you're providing these improvements so it works for the both of you. MR. URBANCIC: That's correct. At the end of the day that road will be straight, as it is today. COMMISSIONER HILLER: Okay. CHAIRMAN NANCE: Wonderful. COMMISSIONER HILLER: That's great. Well, I want to wait Page 126 July 7, 2015 to hear the public speakers, but I will tentatively make a motion to approve, subject to what they have to say. COMMISSIONER FIALA: I'll second it. COMMISSIONER HILLER: Thank you. CHAIRMAN NANCE: Mr. Miller? MR. MILLER: Mr. Chairman, two public speakers registered for Item 9.F. Beth Nelson will be followed by Steve Stressenreuter. MS. NELSON: Do I have to tap this to go? MR. MILLER: No. MS. NELSON: I just wanted to say thank you. We got off to a rocky start but a lot of prayer went into this and our prayers were really answered. I'm just -- and I want to thank you for your gift of time to work this out. That's basically all I have to say. CHAIRMAN NANCE: Wonderful. Thank you. MR. MILLER: Your next speaker is Steve Stressenreuter. MR. STRESSENREUTER: For the record, Steve Stressenreuter. Yeah, Mrs. Hiller, I personally wanted to thank you just to take the time. I really felt like you were diligent and understanding, you know, the little guy who always feels like we're left out. And for the Commissioners to take the time. I know it was a quick, it's a two-week turnaround and we're kind of at that handshake arrangement now. But again, I just wanted to thank you for that effort. And I think, Mr. Dresher's just a great guy and I think we're going to move forward. COMMISSIONER HILLER: Wow, thank you. And thank you to the Board for -- remember, it's always us. MR. STRESSENREUTER: I respect that. Thank you. CHAIRMAN NANCE: Thank you, sir. COMMISSIONER FIALA: Good job, Commissioner Hiller. COMMISSIONER HILLER: No. COMMISSIONER TAYLOR: And what a change. Well done. Page 127 July 7, 2015 MR. MILLER: That is all of our speakers, sir. CHAIRMAN NANCE: That is all. COMMISSIONER HILLER: Do I have a second? COMMISSIONER FIALA: I seconded it. CHAIRMAN NANCE: You made a motion for approval, Commissioner Fiala seconded it. Is there any further discussion? (No response.) CHAIRMAN NANCE: Wonderful. Hearing none, all those in favor signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right, it's unanimously passed. Item #11D 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 Page 128 July 7, 2015 ACTIONS TO CLOSE. [COMPANION TO ITEM #9F] — APPROVED MR. OCHS: Mr. Chairman, the companion item is 11.D on your agenda. It's a recommendation to approve a standard donation agreement that allows JD Development 1, LLC 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 off-site vegetation retention provisions of the Land Development Code. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Thank you. My understanding, this is the first of its kind under the provisions of the Land Development Code; is that true? One of the first? MS. SULECKI: Good afternoon, Commissioners. For the record, Alex Sulecki, Coordinator of your Conservation Collier Program. No, Commissioner, this is actually I think the sixth. COMMISSIONER HENNING: Okay. Fairly new then. Now, the endowment, is that part of the Land Development Code? MS. SULECKI: Yes, sir, it is. COMMISSIONER HENNING: Okay. Now I make a motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER HILLER: Wait, wait. Can I -- CHAIRMAN NANCE: There's a motion, but Commissioner Hiller, let's talk about this. COMMISSIONER HENNING: I'm allowed to make motions. COMMISSIONER HILLER: Yeah, you can, but I want to share something which I think is really important. We all received an email from Marielle Kitchener who has provided some really good insight, and her suggestion was that Page 129 July 7, 2015 because one of the concerns that we have all had is the cost of maintaining these donated lands. And what was suggested is that as part of the donation, that whoever makes the donation remove the exotics from the site. So if in this case it's the developer, so as part of your motion, Commissioner Henning you would -- COMMISSIONER FIALA: It's in this already. COMMISSIONER HILLER: Oh, is it? COMMISSIONER FIALA: Yes. COMMISSIONER HILLER: Okay. So are we removing 100 percent? What percentage of the exotics are being removed? MS. SULECKI: 100 percent is the goal. I mean, one or two may remain, but that's the goal. COMMISSIONER HILLER: Okay. And then -- COMMISSIONER FIALA: And providing maintenance for two years. COMMISSIONER HILLER: Okay. So as long as we're considering that, that's great. I just don't have it in front of me. But as long as that's being considered, and I think it's really important that all these exotics be removed by the developer before we take title to that property. Because we want to get that maintenance cost as low as possible. That was the only concern. I mean, if that's part of the motion, I'm really good with it. MS. SULECKI: Yes, ma'am. And I inspected this property yesterday. COMMISSIONER HILLER: That's good. And are we setting that as a standard on all the future acquisitions? MS. SULECKI: Yes, ma'am. COMMISSIONER HILLER: Okay, that's great. Good job. MS. SULECKI: It's part of the LDC. COMMISSIONER HILLER: Good job. Page 130 July 7, 2015 I didn't realize that. CHAIRMAN NANCE: Okay, there's a motion to approve and a second. Is there any further discussion? (No response.) CHAIRMAN NANCE: Hearing none, all those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Okay, it's approved unanimously. Item #11G MODIFYING THE ENDOWMENT RELATED TO THE COUNTY'S ACCEPTANCE OF PROPERTIES DONATED TO CONSERVATION COLLIER AS OFFSITE PRESERVATION UNDER THE LAND DEVELOPMENT CODE (LDC) SECTION 3.05.07, H.1.F. III. A. AND B - MOTION DIRECTING STAFF TO AMEND LDC SECTION 3.05.07, H.1.F. III. A. AND B FOR TARGETED STORMWATER INFRASTRUCTURE, THE COUNTY MANAGER TO WORK WITH MR. HANCOCK FOR FUTURE ITEMS AND BRING BACK A LIST AT A FUTURE MEETING FOR THE BOARD'S REVIEW - APPROVED MR. OCHS: Alex, stay there. Mr. Chairman, this leads us to the next related item. Page 131 July 7, 2015 Commissioner Henning had brought this forward from the consent agenda. It's Item 11.G. CHAIRMAN NANCE: Yes. MR. OCHS: It was previously 16.D.16. And this was a staff recommendation to modify the endowment related to the county's acceptance of properties donated to Conservation Collier as off-site preservation under the Land Development Code. And as I mentioned, Commissioner Henning brought this forward. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah, thanks. Well, the person who gets this question right will receive a Jim Flannagan cookie. The question is, who made this famous comment: Government's view on the economy could be summed up in a short phrase, if it moves, tax it, if it keeps on moving, regulate it, if it stops moving, subsidize it. Who said that? MR. KLATZKOW: I think that's Reagan. COMMISSIONER HENNING: You got the cookie. COMMISSIONER FIALA: Who was it? COMMISSIONER TAYLOR: Who was it? COMMISSIONER HILLER: Right, Jeff. Now let me just tell you something. I'm the only one who -- COMMISSIONER HENNING: I still have the floor. COMMISSIONER HILLER: -- has any of the gluten free cookies. MR. KLATZKOW: So I get the cookie. COMMISSIONER HENNING: So that's how I view this item is it's starting to move and we're going to regulate it now. As we heard, that these off-site mitigation comes to the Board of County Commissioners as a donation, okay. They clean it up with an endowment they give us, okay. However, we have the fortitude to do Page 132 July 7, 2015 these good deal purchases in the county. In fact, we had one in the Red Maple Swamp. MS. SULECKI: McElwaine Marsh. COMMISSIONER HENNING: Well, that's another one, right? CHAIRMAN NANCE: Rookery Bay, Commissioner. COMMISSIONER HENNING: Okay, you had the mangroves in the McElwaine. There's no mitigation, there's no cleanup. So it fits. President Reagan's quote exactly. It's starting to move. Let's not -- COMMISSIONER TAYLOR: There's a difference. Oh, you're bringing him another cookie. COMMISSIONER HENNING: Let's play fair here. If you want to do something -- CHAIRMAN NANCE: Hold on, Commissioner Henning has the floor. Go ahead, sir. COMMISSIONER HENNING: You want to do something, stop these good purchases and allow the private sector to do off-site mitigation for -- and if it needs to be an amendment, that would be my motion on this item, for items strategically in our water management plan, such as the Winchester, such as the Red Maple, and there's another one I know -- pardon me? MS. SULECKI: I was saying good idea to myself and to you. COMMISSIONER HENNING: Yeah, let's don't tax anybody anymore money. Doesn't make sense. MS. SULECKI: There is one difference in the good deals and the donation. The donation came from citizens with really nothing to gain from that, and the parcel didn't need cleanup. That was something that we could have evaluated during the evaluation of whether to accept it or not. But in this case of the donations under the LDC, the developer is getting something of value for them. Page 133 July 7, 2015 COMMISSIONER HENNING: And that's what I was talking -- referring to is in the Land Development Code if somebody wants to donate land to them, I didn't refer to that one at all. And we're dealing with the Land Development Code amendment of exacting a little bit more because it's moving. So if it needs to be amended to -- if we accept these off-site mitigations, let's target it in where we get the best bang for our buck. And the best bang for our buck, it fits our water management plan. COMMISSIONER TAYLOR: That's right. COMMISSIONER HENNING: And you know what? Those parcels are starting to be less and less, the prices of those, so they're going to be paying more if there's less property to -- if they want to do the off-site donation or off-site mitigation and we target it in one area, three areas, there's less property there, they're going to pay premium for that property, more than it's worth, right. So that's the benefit. I know you have some public speakers and I'll get off my high horse -- CHAIRMAN NANCE: No, no. COMMISSIONER HENNING: -- and go have a Jim Flannagan cookie. CHAIRMAN NANCE: I think, Commissioner Henning, that you are exactly right. However, in my opinion we have to have a land donation program in Collier County that is synchronous with what other agencies are doing. And the reason I say that is right now South Florida Water Management District and CREW and other state agencies that have acquired and maintained public lands do not have a clearly elucidated policy on what they require when they take donations. Right now they're not taking any donations of land because the maintenance cost of those lands greatly exceeds the cost of purchasing them. Because it's in perpetuity. So the reason that I have a concern is not that we've done Page 134 July 7, 2015 horrendous damage with these little one-acre parcels. And certainly our developers have to have a mechanism to do what is occurring here, and I support this agenda item. However, Conservation Collier right now is tasked with the responsibility of managing 4,600 acres or something like that; is that right? MS. SULECKI: 4,067. CHAIRMAN NANCE: 4,067, something like that, okay. Without blinding our Deputy County Manager, this area over here, these sending lands up here, these consist of over 30,000 acres. And there's been a suggestion that in this Growth Management Plan when the final development rights are severed from that, that those lands be conveyed to someone. COMMISSIONER HENNING: Well, you would be stupid to accept it, but -- CHAIRMAN NANCE: Okay. Well, we've got this management plan, and so with the knowledge that we'd be stupid to accept it without some sort of provisions, at the same time the Southwest Florida Water Management District is saying P.S., we're not going to take it either. COMMISSIONER HENNING: So where in this amendment does it address your concern about the other agencies? CHAIRMAN NANCE: It does not. COMMISSIONER HENNING: It does not. CHAIRMAN NANCE: It does not. But what I'm saying is that down the road there's some suggestion within our LDC discussions, which are going to come up later in the day, that we examine this issue. And what I'm suggesting to you is that it is very important for us to talk to Mr. Gillory with the District, to Secretary Steverson with FDEP, and that we start to understand how we can work with these agencies on these lands that are adjacent to Picayune, which is a state Page 135 July 7, 2015 program, to accomplish our goals in Collier County. COMMISSIONER HENNING: It's their goals. And that's -- CHAIRMAN NANCE: Well, it's our goals too. Because that -- COMMISSIONER HENNING: Commissioner, I was here when the McElwaine Marsh was purchased and the people from the Rookery Bay encouraged us to do that. CHAIRMAN NANCE: Right. COMMISSIONER HENNING: Okay? CHAIRMAN NANCE: Well, what I'm telling you is -- COMMISSIONER HENNING: They don't want to do -- they don't want to pony up for that benefit. But that's not the agenda item here. CHAIRMAN NANCE: No, it's not. It's not. I'm supporting it. But what I'm saying, this is just a predicate to the next -- another item that's on our agenda. I'm just suggesting to you, this is a great -- we have a lot of exposure here, and it's in our best interest to contemplate it. That's all I'm saying. Do we have any additional public speakers, sir? MR. MILLER: Yes, sir, Mr. Chairman. I have three speakers. Marielle Kitchener will be followed by Marisa Carrozzo. MS. SULECKI: Commissioners, I had a short presentation that would give you some more information. Are you interested in -- COMMISSIONER HILLER: I forwarded Marielle Kitchener's email to Leo. And Leo, you can just put it on the record, and give a copy to the court reporter and that way her comments are noted. MR. MILLER: Marisa Carrozzo will be followed by Tim Hancock. MS. CARROZZO: Good afternoon, Commissioners. Marisa Carrozzo on behalf of The Conservancy of Southwest Florida. We're here today to support staff recommendation regarding the off-site preservation, LDC provision for the properties that are donated Page 136 July 7, 2015 to Conservation Collier. We believe that the three alternatives outlined in the executive summary, The Conservancy agrees that option number three is appropriate to pursue at this time. Providing sufficient funds for management, as has been discussed here already today, concurrent with property donations is definitely a critical part of ensuring long-term sustainability of Conservation Collier. The current formula was developed and adopted with the best information available at that time. So now there is the opportunity to explore updating these donation endowments to reflect a longer term management time frame, one that balances the needs of the program with ensuring donations continue to be feasible. And we think that option number three covers that. This LDC provision is one of the few tools currently available to help complete the important multi-parcel projects currently under way in Red Maple Swamp and Winchester Head. So as the Board considers direction on this item today, we also believe that the Conservation Collier Land Acquisition Advisory Committee should be an integral part of any process for developing an updated endowment formula, and I believe that's recognized also in staffs recommendation today. So The Conservancy appreciates the Board's continued support of Conservation Collier and again we support staffs recommendation before you today and hope you will move it forward for further review and recommendation by CCLAC, DSAC and staff. Thank you very much. CHAIRMAN NANCE: Who's up for comments? Somebody want to comment? Commissioner Fiala or Commissioner Taylor, who's next? COMMISSIONER FIALA: Mine will be simple. CHAIRMAN NANCE: Commissioner Fiala, then Commissioner Page 137 July 7, 2015 Taylor. COMMISSIONER FIALA: I just thought at some point in time and maybe while you're showing us your video or whatever you were going to show us, we ought to tell our audience out there why properties like this, you know, getting them all together, why they're so important to our future, future water source, mainly, so that people understand why we're trying to -- why we're accepting these and what their value is. MR. MILLER: Mr. Chairman, I did have an additional public speaker. CHAIRMAN NANCE: Yes, sir. MR. MILLER: Are you ready to hear him now? CHAIRMAN NANCE: Yeah. Unless the Commissioner wants to comment on the last one. COMMISSIONER HENNING: No, I'll wait for Mr. Hancock. CHAIRMAN NANCE: Commissioner Henning, you want to wait for the next public speaker? COMMISSIONER HENNING: Yeah, I'll wait. CHAIRMAN NANCE: Mr. Hancock. MR. HANCOCK: Good afternoon, Mr. Chairman, Commissioners. Tim Hancock with Stantec. I'm here today really on behalf of a couple of property owners that are currently in the process; they have filed applications for the donation and acceptance of land. One of them actually is in the Winchester Head area. And your action on Item 11.D has given me some comfort in that my concern was folks in the pipeline may get held up pending the outcome of potential LDC language. So my first and foremost responsibility today to my clients is to ask you to allow the existing applications to move forward and not to be held up pending potential LDC modifications. Page 138 July 7, 2015 That being said, I'm also here to offer our professional assistance, along with the encouragement of other industry professionals out there to work closely with Ms. Sulecki and Conservation Collier. There are amazing opportunities out there to help fund Conservation Collier's efforts, and you have already accomplished several of them without maybe even knowing it. And one of the ways that we can help fund is these properties that are being donated have an appraised value. They also have an ecological value. We can monetize the ecological value and turn that money into long-term maintenance dollars. The county's already done this in internal transfer. I had the pleasure of working as project manager with the utilities department in solid waste on the resource recovery business part. As we were going through the environment permitting for that project Conservation Collier was going through its permitting for the Caracara Preserve. The focus was to create panther habitat units for sale, if you will. What they realized was we could actually use those PHUs as an internal transfer mechanism to other county projects. Those county projects then paid into Conservation Collier and got the PHUs at a slightly lesser rate than they would on the open market. We in essence created revenue inside Conservation Collier through another county department instead of going outside and spending those dollars. You were a part of that, Alex was a part of that, your utilities department, your solid waste. So what I want to encourage you to do in looking at this LDC amendment is to recognize that an acre is not an acre is not an acre. Long-term maintenance costs for one piece of property that sits next to a highly infested area are different than one that's fairly pristine and isolated. We're going to have to average things out a little bit. And I think with some industry help we can assist Conservation Collier in getting there along with The Conservancy and others. Page 139 July 7, 2015 So I want to offer that assistance. And secondly, thank you for the opportunity to make this program work a little bit better. The more easy and streamlined we make it we can actually generate revenue so that Conservation Collier and this Board can go out and target lands that have a higher ecological value than maybe just what you might get through an open donation program. So thank you for the opportunity and I look forward to working with Alex and others to help make this happen. CHAIRMAN NANCE: Thank you. Commissioner Taylor, then Commissioner Henning. COMMISSIONER TAYLOR: And this was directed to Commissioner Henning. Commissioner Henning what am I missing here? Your idea is to target right now lands; is that it? COMMISSIONER HENNING: Yeah, target lands that are in our stormwater management. COMMISSIONER TAYLOR: Rather than allowing the donor to dictate what they give to; is that it? COMMISSIONER HENNING: Yeah, absolutely. Because you're going to have a dual benefit. You're going to have a dual benefit of those lands being in the county domain, won't be built on, it's in our stormwater management plan. And you will learn in your tenure the problem that we have with stormwater management to the east. So I'm going to make a motion we direct staff to amend LDC 3.05.07 for those target purchases to benefit stormwater plan, and also ask the County Manager to work with Mr. Hancock and the professionals to bring back those good ideas of how we can gather those extra dollars for long-term maintenance. That's the motion. CHAIRMAN NANCE: I'll second it for discussion. Mr. Ochs, do we have those lands identified in some way that we would like to -- I mean, do we have a program to identify those lands that we would favor? Page 140 July 7, 2015 MR. OCHS: Sir, we have some identified. I wouldn't say it's exhaustive. And we'll need to -- CHAIRMAN NANCE: So we don't have a full-blown program on that? MR. OCHS: Well, no, not right now. Your LDC targets specific Conservation Collier lands but not necessarily all the lands that I believe Commissioner Henning is referring to. COMMISSIONER HENNING: Well, I think it does some of it, doesn't it? MR. OCHS: Alex, could you maybe just spend a minute and -- MS. SULECKI: Sure. In fact, I'll just put the language up there for you, if that helps. So it's hard to read, I'm sorry. I'll read it to you. So it says that: Lands donated to satisfy the off-site vegetation retention requirement must be located entirely within Collier County. Donations of land may be made to a federal, state or local government, et cetera, et cetera. Subject to the policies and procedures of the receiving entity, lands donated in Collier County must include a cash payment of the land -- excuse me, I'm reading the wrong part. MR. OCHS: Go to Item B. MS. SULECKI: The applicant may acquire and subsequently donate lands within the project boundaries of Winchester Head North, North Golden Gate Estates Unit 53, another multi-parcel project or any other land designated by Conservation Collier donation acceptance procedures. COMMISSIONER HENNING: And all we have to do is put in like the Red Maple and there's another one I can't think of, it's right outside of Golden Gate Estates that -- MS. SULECKI: Winchester Head? COMMISSIONER HENNING: No, that's within Golden Gate Estates. Page 141 July 7, 2015 But I know that Peter Gaddy and Mike Ramsey and the people from stormwater were working on this. And it's part of our $1 million study of Golden Gate Estates. If we can just include that into the language, then it fits what we're trying to do. CHAIRMAN NANCE: I think it's a very innovative idea. But I think we need to define what we're talking business somehow, you know. I think Commissioner Henning's got a great idea, because those lands actually are going to pay back to us in perpetuity, where some of these other ones, although valuable environmental lands have value, they wouldn't necessarily have the value that a critically needed stormwater infrastructure area would have, both to the area itself and to the western part of the county. So I think Commissioner Henning's very perceptive. But I will support his motion, but we need to come back with another motion to, you know get -- MR. OCHS: Commissioner, part of the recommendation, we're to present the amendment back to the Board for these LDC off-site preservation options during your next LDC amendment cycle. Which will be probably late fall, mid-October, November. So we have time over the summer to refine this list. CHAIRMAN NANCE: Well, we just approved another item on the consent agenda today that's part of that Watershed Management Plan, is it not? Does that overlap this issue? MR. CASALANGUIDA: To a certain extent, sir, because of the Northern Golden Gate Florida Restoration Study. MR. OCHS: We'll identify all those when we bring those back in the second cycle for the Board's review. CHAIRMAN NANCE: Yes, ma'am, go ahead. MS. SULECKI: Thank you very much. I just wanted to say, I'm absolutely on board with what Page 142 July 7, 2015 Commissioner Henning was saying. And that was kind of my thought for if there was a referendum in 2016 that we should much better target where we acquire lands. But currently we have these two multi-parcel projects sitting out there with no funding to complete them. And at present they are serving their environmental purpose, but they're not serving their highest purpose in this program which is to manage them so that people can come and look at them and see what they've preserved. So, I mean, this is an opportunity for us to get the funding. And actually, I kind of had a better idea than one of the options. COMMISSIONER HENNING: You know, I've got an idea. I've got a friend of mine to take these people out in the swamp, if they want to do that, and show them all they want. And you know, you can actually walk on the South Florida's Water Management's property next to the black -- Red Maple. MS. SULECKI: Yes, they have a 12-mile boardwalk and trail there that's really nice. COMMISSIONER HENNING: Yeah. Doesn't cost anybody anything. MS. SULECKI: We'd like to coordinate with them in that area. CHAIRMAN NANCE: All these concepts are good. My only problem with this agenda item here and the reason that I've mentioned this numerous times is it's great if somebody gives us an endowment for seven or eight years. That's great, okay? I just want somebody to tell me how we're going to pay for it between the eighth year and the end of forever, okay. That's what I want somebody to tell me. And nobody's telling me that -- COMMISSIONER HENNING: Tim Hancock was telling you how to -- MS. SULECKI: I have an idea too. CHAIRMAN NANCE: Commissioner Hiller? Page 143 July 7, 2015 COMMISSIONER HILLER: Tim Hancock did not give us the long-term solution. There's a limited number of units that we have through Caracara. Have we gotten all the units off of Pepper Ranch? I know that when we originally made that purchase it was priced with the expectation that we were going to get a certain volume of I believe it was the panther mitigation as well as some other type of mitigation units and that it turned out that we were not going to get them. CHAIRMAN NANCE: It's all factored in that budget. COMMISSIONER HILLER: But the issue is to your question, what happens beyond year eight? We don't have, you know, an infinite supply of these mitigation units that we can sell, nor are we going to have so much internal demand to generate revenues for the long term, which is the issue. And I think that question has to be asked and answered, as Commissioner Nance has pointed out, before any commitments are made. And it's no different than when we build capital projects, there's carrying costs associated with capital projects. And when we approve capital projects, one of our current requirements is, you know, tell us what that carrying cost is and show us how that's going to be funded for the life of the asset. There's no difference. And I think the question is fair, and I don't think that we can approve anything before we have the solution to that issue. MS. SULECKI: I would agree. COMMISSIONER HILLER: And that has been the ongoing debate about this particular project. MS. SULECKI: Okay. Well -- COMMISSIONER HILLER: Just generally. MS. SULECKI: -- after I put the options on your executive summary, I had some discussions with some local consultants and some folks in planning, and I came up with a fourth option that I think might satisfy that. And that is that we revise the LDC to provide for Page 144 July 7, 2015 donation of funds only. And I think that would -- you can see here I've got the pros and cons from each of the options, and just the listing of this has so much more. COMMISSIONER HENNING: I'm going to include that in my motion. MS. SULECKI: I'm sorry? COMMISSIONER HENNING: The fourth option. MS. SULECKI: The fourth option. COMMISSIONER HENNING: Yeah, bring it back and tell us how it would look like. MS. SULECKI: Yes, I'd like to go to DSAC and CCLAC and bring something back for you. CHAIRMAN NANCE: Before I go to Commissioner Fiala and Taylor, I would love for you to do that. And I would also like you to compare how we're doing compared to the other option that these developers have and that is to go out into the free market to mitigation banks so that we can compare the deal that you're offering them to the deal that's the option they have to go to on the outside. And we also need to get together with the districts and talk about what they're thinking so we're all together. Commissioner Fiala and then Commissioner Taylor. COMMISSIONER FIALA: Yes, it goes back to what I mentioned in the beginning. We should tell them what the value of this land -- or why it's valuable to preserve this land. Because like Commissioner Nance said, he says yes, but we're going to have to continue to maintain it. Even though the maintenance costs wouldn't be that high because they're clear and pristine, but still and all there's got to be a value. Why do you want to keep these lands? Why do you want to get their donations? And just like in CREW, we all know it's to preserve our future Page 145 July 7, 2015 water sources. And if maybe that could be outlined when we do this, you know, what is Red Maple for, what is Winchester Head for, I think that that would help to clear it up for people as to why these are essential for us to gather these land masses together. MS. SULECKI: Thank you, Commissioner. And I put on your last agenda the annual report for Conservation Collier for 2014, and I attached to that a report that was done for us in early 2014 by James Beever, the Southwest Florida Planning Council. And he actually did put those dollar values onto those properties with a total value of 144 million in value that they're returning to this county each year. CHAIRMAN NANCE: Ma'am, I agree. But it's like if I give Commissioner Henning a 60-foot Hatteras, I say, Commissioner Henning, I'm going to give you a 60-foot Hatteras, but you've got to ensure it, you've got to put the fuel in it, you've got to dock it, you know what he's going to tell me? Thanks, Tim, I can't take the Hatteras. COMMISSIONER HENNING: I can afford to dock it but I can't afford the gas. MS. SULECKI: I am totally with you, Commissioner -- CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Ms. Sulecki, I'm glad this fourth option. Because I know you kept saying I have a fourth option. I would agree, I would agree with Commissioner Henning, I'd like to call the question. CHAIRMAN NANCE: All right, any further discussion? We've beat a horse to death. (No response.) CHAIRMAN NANCE: All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. Page 146 July 7, 2015 COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: Here we go. Please bring us back some good guidance. MS. SULECKI: Thank you, Commissioners. COMMISSIONER TAYLOR: Well done. Item #12B RESOLUTION 2015-148: A SETTLEMENT AGREEMENT TO FINALLY RESOLVE ALL COLLIER COUNTY CLAIMS IN THE MATTER OF IN RE: OIL SPILL BY THE OIL RIG "DEEPWATER HORIZON" IN THE GULF OF MEXICO ON APRIL 20, 2010 NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA, CASE NO. MDL 2179 SECTION J — ADOPTED AS STIPULATED MR. OCHS: Commissioners, that moves us now to the add-on item. This is Item 12.B. This is a recommendation to approve and accept a proposed settlement agreement regarding the oil spill by the oil rig Deep Water Horizon in the Gulf of Mexico. This action is now pending in the United States District Court for the Eastern District of Louisiana. MR. KLATZKOW: My apologies for not doing this the normal way, Commissioners. There was a confidentiality order that prohibited my discussing this matter until the public hearing commenced. First just a little bit of quick history. This item started actually with an executive summary by Mr. Wert. He was looking to recover Page 147 July 7, 2015 lost tourist tax revenue for approximately $450,000. The Board subsequently authorized his office to get into a retainer agreement with outside counsel who was specializing in this type of work, and we did. A complaint was filed. The complaint's 100 pages. I sent it to you under separate cover. The complaint -- 100 pages was a little more expansive than the damages that the county suffered, including lost sales taxes, ad valorem taxes, communication service taxes and other revenues, and so we were above that $450,000 request. There was a -- well, I got a call late last week. The magistrate in the case called in BP attorneys, and said okay, this is what I think you guys should settle for, and it's take it or leave it. And the offer to Collier County was for an amount under $2.5 million. Okay. Considerably more than the $450,000 that the Board had authorized that we ask for. The confidentiality order itself details what the overall BP settlement was. There are a bunch of different pots to this settlement. You will note that in the first pot basically is the restore pot, Florida will be getting $572 million. Collier County will have access to some of those funds under the process. There's a second pot of$8 billion of Florida getting $680 million. And the pot that we're looking at is up to $1 billion paid to resolve economic claims from the basic local government entities. So this is separate and apart from the other monies we've been talking about all these years. Frankly, I'm stunned at the offer that PB has accepted. I was hoping we'd get a fraction of$450,000. But we're okay. COMMISSIONER TAYLOR: Shh. MR. KLATZKOW: No, BP's already agreed to this, so we're fine on this one. And -- COMMISSIONER HENNING: Move to approve. Page 148 July 7, 2015 COMMISSIONER TAYLOR: Second. MR. KLATZKOW: Before you move to approve, what you need to approve is this: I need your approval to authorize the Chair to enter into the settlement document. The settlement document agrees that we will be dismissing all claims against BP and their related affiliates. The related affiliates is a full page long, actually. So we're releasing for an amount under two and a half million dollars, all these various defendants. Outside counsel was very aggressive apparently as to who they thought might be liable in this case. And so if I can get the Board -- COMMISSIONER HENNING: Move to direct the Chairman to enter into a settlement agreement with BP to release the parties as noted at the meeting. CHAIRMAN NANCE: Mr. Klatzkow, I just have one question. MR. KLATZKOW: Sir? CHAIRMAN NANCE: Is this a take-it-or-leave-it offer or is this -- we don't know? MR. KLATZKOW: This is take it or leave it. COMMISSIONER FIALA: Second. MR. KLATZKOW: Both for us and PB. CHAIRMAN NANCE: Got it. Okay, there's a motion on the floor and a second by Commissioner Taylor. MR. KLATZKOW: I also need the Chair to be authorized to sign the following resolution. COMMISSIONER HENNING: That's in part of my motion. COMMISSIONER TAYLOR: Point of order. We have two motions on the floor and one second. CHAIRMAN NANCE: We have two motions? COMMISSIONER HENNING: We have two seconds, one Page 149 July 7, 2015 motion. COMMISSIONER TAYLOR: Well, let's just say you made a motion, I seconded it and then Mr. Klatzkow said wait a minute, and then you changed the motion. So we have two motions on the floor. MR. KLATZKOW: No, we added it to the original motion. COMMISSIONER HENNING: I amended it in the motion. COMMISSIONER TAYLOR: Amended it? Okay, so the seconder agrees to the amendment then. CHAIRMAN NANCE: And then we're requesting to make a further amendment and add this resolution, sir? MR. KLATZKOW: Yes, sir. And to authorize County Attorney to take whatever further action by the Chair to close this settlement. CHAIRMAN NANCE: Is that acceptable to the second? COMMISSIONER TAYLOR: Yes, it is. CHAIRMAN NANCE: Commissioner Hiller, any other further discussion on the item? We have a motion and a second. COMMISSIONER HILLER: And that doesn't in any way bar us from applying for funding for projects from the other -- MR. KLATZKOW: No, I've conferred that with outside counsel, this is separate and apart. COMMISSIONER HILLER: I think that is what has to be made very clear. CHAIRMAN NANCE: This is pot one of four? MR. KLATZKOW: Yes, this is the final pot of money. COMMISSIONER HILLER: Well, this is one of the multiple pots. And this release that we're providing is related only as to this one pot and we're not waiving our rights to the others. MR. KLATZKOW: That's correct. CHAIRMAN NANCE: Further discussion? COMMISSIONER FIALA: Yes. CHAIRMAN NANCE: Commissioner Fiala. Page 150 July 7, 2015 COMMISSIONER FIALA: How do these payments come in, do you know? I mean, it isn't a lump sum. I think -- what did it say over an 18-year period or something like that? MR. KLATZKOW: No, my understanding is we'll be getting a wire payment for this amount of money. Now, there's a 20 percent contingency fee. There will be some expenses. So I think you're looking to net about $1.9 million on this when all is said and done. COMMISSIONER TAYLOR: And how we expend the funds, is it restricted? MR. KLATZKOW: No, ma'am. COMMISSIONER HILLER: Not from this pot. The other pots are project restric-- MR. KLATZKOW: These are economic damages to the county, so if you -- you may -- we did put in a claim for $450,000 on lost TDC money. You may want to consider part of that anyway going into that. But everything else has nothing to do with TDC monies. CHAIRMAN NANCE: Okay, there's a motion on the floor and a second. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: It is approved unanimously. MR. KLATZKOW: Thank you. CHAIRMAN NANCE: Would we like to take a break for the court reporter? COMMISSIONER TAYLOR: Sure. CHAIRMAN NANCE: Let's take it 'til 2:35. We'll stand in Page 151 July 7, 2015 recess for that time. (Recess.) CHAIRMAN NANCE: All right, ladies and gentlemen, welcome back for the conclusion of this afternoon's session of today's meeting. MR. OCHS: Yes, sir, we're moving now to your Community Redevelopment Agency. You may -- I'm asking Mr. Klatzkow, is it advisable for the Board to convene as the CRA board, Mr. County Attorney? MR. KLATZKOW: Sure. MR. OCHS: Very good. COMMISSIONER HENNING: So we're going to close the BCC meeting and open up the CRA meeting. Who's the chair of that? COMMISSIONER TAYLOR: Commissioner Fiala. Oh, and I guess I'm vice-chair. MR. OCHS: Vice-chair. COMMISSIONER TAYLOR: I am. So -- oh, here she comes. COMMISSIONER FIALA: I'm sorry. COMMISSIONER TAYLOR: You were eating Flannagan's cookies. COMMISSIONER FIALA: No, I wasn't, I was back there blabbering away. Are we in a CRA meeting? COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: We need to open it up, Madam Chair. Item #14B1 COMMUNITY REDEVELOPMENT AGENCY BOARD, DECIDES: (1) WHETHER ANY FEE OR COMMISSION IS APPROPRIATE SHOULD THE SALE OF THE CRA PROPERTY AT THE GATEWAY TRIANGLE OCCUR AS ANTICIPATED ON Page 152 July 7, 2015 OR BEFORE JULY 13, 2015, AND (2) IF ANY FEE OR COMMISSION IS DUE, IDENTIFY THE PROPER PERCENTAGE OR AMOUNT OF THAT FEE OR COMMISSION - MOTION TO PAY A 1% FINDER'S FEE CONTINGENT ON THE CLOSING OF THE PROPERTY AND TO PLACE 6% IN RESERVE IN CASE OF LITIGATION - APPROVED 5/0; IF CLOSING FOR THIS PROPERTY DOESN'T OCCUR ON JULY 13, THE COUNTY MANAGER AND THE BAYSHORE/GATEWAY TRIANGLE CRA MANAGER ARE TO TABLE THIS ITEM UNTIL SEPTEMBER AND BRING BACK A LIST OF COMMERCIAL BROKERS TO LIST THE PROPERTY — APPROVED CRA CHAIRWOMAN FIALA: I'd like to open up the CRA meeting this afternoon. MR. OCHS: We have one item on your CRA agenda, Board members, and that's the request to decide whether any fee or commission is appropriate should the sale of CRA property at the Gateway Triangle occur on July 13th, 2015. And if any fee or commission is due, identify the proper percentage or amount of that fee or commission. Mr. Durham will present. MR. DURHAM: Hi, Commissioners. Tim Durham, County Manager's Office. First thing I'd like to express, didn't know about that extension business 'til after business hours yesterday so -- the extension of the closing date by Mr. Fortino, so I do want to apologize for that, but that caught me completely off guard, to be frank. But the item here before you is dealing with the commission or referral fee, if any is due. Should the closing still take place as provided in the agreement, the closing date is supposed to be no later than July 13th, and we know with the Board being away in recess, Page 153 July 7, 2015 wanted to get this particular item resolved while you're away on recess. COMMISSIONER NANCE: So at this point since we've been advised by Mr. Fortino that we're not certain that this is going to close, I think any action that this board decides on this item needs to be contingent upon the fact that the closing is going to take place. Does the board agree with that assessment? COMMISSIONER TAYLOR: Yes. COMMISSIONER NANCE: I mean, due to the genius of Thomas Alva Edison we have the electric light, so I hope that Mr. Fortino goes forth with his staff and advisers and consultants and makes this happen. MR. DURHAM: Yes, sir. COMMISSIONER NANCE: But I guess at this point we need to discuss what if anything the board is going to do regarding compensation or referral fees or finders fees or commissions or whatever regarding this transaction. Commissioner Taylor -- Oh, I'm sorry, ma'am. CRA CHAIRWOMAN FIALA: That's all right, I'll just -- CHAIRMAN NANCE: I'm just taking the ball and running with it. COMMISSIONER FIALA: I don't mind interrupting. COMMISSIONER NANCE: Go ahead, it's your -- CRA CHAIRWOMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Thank you, Chairman Fiala. Mr. Klatzkow, can you tell us what legally we're obligated to do under the contract in terms of any fees, commissions, et cetera? MR. KLATZKOW: I'll put the provision on for you. Normally you would have a brokerage agreement that would dictate what commissions or fees you would pay. To my knowledge you don't have one here. Without that agreement then you're left basically to say well, is it fair to pay anything at this point in time. It's Page 154 July 7, 2015 really a fairness question. At the end of the day the Premier Plus did bring in Mr. Fortino. You could view this as sort of a finder's fee type of relationship. It's clearly certainly less than a full-fledged brokerage commission that would be due. I couldn't tell you what the customary finder's fee for commercial property is in Collier County, I just don't know. COMMISSIONER TAYLOR: Would it be appropriate at this time, given that we do not know whether this property is going to close, based on what we heard today from Mr. Fortino, even though he assured us, he asked for an extension, we didn't give it to him, he assured us it would close, so there's a question mark. Would it be appropriate to make this decision now? MR. KLATZKOW: You can make this decision now, because it's contingent upon the transaction closing anyway. COMMISSIONER TAYLOR: Okay, thank you. CRA CHAIRWOMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: That was my question. Since the transaction hasn't closed and may not close, it may be premature to address this. But what you're basically saying is we're not under any obligation and that if we choose to, we may. MR. KLATZKOW: Yeah. I mean, the claim would be basically one for quantum meruit at this point in time saying that I brought you the purchaser, therefore you owe me something. This is very unusual. I've practiced law for a very long time, I've never seen a relationship where you didn't get into a broker's agreement. CRA CHAIRWOMAN FIALA: Commissioner Nance? Looks like your light is on. COMMISSIONER NANCE: No. CRA CHAIRWOMAN FIALA: Okay. Any other comments from any other commissioners? Page 155 July 7, 2015 COMMISSIONER HILLER: I think we should wait and evaluate this. COMMISSIONER TAYLOR: I know the -- CRA CHAIRWOMAN FIALA: You mentioned the finder's fee. COMMISSIONER TAYLOR: -- that this gentleman questioned, I think he wanted to speak and I advised him to fill out a form. I'm not sure that was the correct advice, but -- CRA CHAIRWOMAN FIALA: Sure, sure. MR. DURHAM: And Commissioners, real quick, if I may. One of the concerns was should the closing take place, if you felt that a fee was appropriate under these circumstances and designate the amount, it would come out of the proceeds from that sale. So that would not be held up for the whole rest of the summer, because the intent is to apply the remainder of the proceeds from the sale to the bank loan that's owed by the CRA. And that was kind of the motivation for bringing this unresolved issue forward. MR. BURTON: Yeah, can I speak? John Burton with Premiere Plus Realty, for the record. We started this actual transaction by contract which is a part of our contract. Within that contract to go through the CRA Advisory Board there was a three and three percent commission, which totaled to six percent. That was through the understanding that we were going to get six percent commission for working, because there was a lot of due diligence on our part, continued work all the way up from April to today to actually see this transaction go through. I did develop a time line to kind of show all the way to October, which I still didn't get to finish, showing all the work necessary for us to continue the underlined current to get to this point. Mr. Fortino I believe is going to close on the 13th. I think he just had some more administrative stuff that he had to complete. So to talk about the commission now, yeah, we would like to talk about it. Page 156 July 7, 2015 Because once you're in recess, there's really not much more we can do then, unless it goes another route. MR. KLATZKOW: I'm okay with it. COMMISSIONER NANCE: I have a question, ma'am. CRA CHAIRWOMAN FIALA: Okay. So I have two questions. And Tim, did you have something to say about that or -- MR. BURTON: We did this on good faith. CRA CHAIRWOMAN FIALA: Pardon me? MR. BURTON: We did this all in good faith. We were -- to the understanding there was two other contracts, purchase agreements made by the County Attorney that actually had a six percent commission in there, so -- but that was under a different RFP. MR. KLATZKOW: It was also for residential property, wasn't it? MR. BURTON: Residential property, but we also have a listing, that 17-acre site on Bayshore that has a six percent commission in there as well. And this was off market, by the way. This wasn't an active for us to list, market and sell your property. However, this was a better opportunity for Mr. Fortino to actually take a look at. And so that RFP, you're right, didn't really matter. MR. DURHAM: You had, Commissioners -- Tim Durham again. You had two basically shelf agreement for real estate services for two companies on retainer, CRE Consultants were for commercial properties, and Premiere Plus for residential. But to activate those listings required a separate listing agreement, and that did not occur with the triangle property. So we're not aware of anything in writing committing the Board of County Commissioners to any percentage or commission amount in these particular circumstances. In fact, on the 17 acres which Premier plus is the residential realtor, a separate listing agreement was engaged, so that's a completely different scenario. But that was -- that did not occur with the property on the triangle. Page 157 July 7, 2015 CRA CHAIRWOMAN FIALA: Okay, I have a couple of questions up here. Commissioner Nance, Commissioner Taylor, Commissioner Hiller. COMMISSIONER NANCE: Mr. Durham, can anyone tell me if anyone from Collier County staff or from CRA staff was engaged in discussions with this gentleman regarding this purchase? I mean, were they interacting with this guy in any way? MR. DURHAM: He did -- the record shows he did go to advisory board meetings, but I'd defer to Jean, who snuck up behind me. MS. JOURDAN: Hi. For the record, Jean Jourdan, Bayshore/Gateway CRA Operations Manager. We had ongoing discussions with Mr. Burton initially. It was for our 17 acres. And then at one point he brought in Mr. -- he actually brought in Mr. Fortino for the 17 acres, and then he actually went and showed Mr. Fortino the Gateway Triangle properties because he knew that we had those properties. And then they proceeded to bring in a contract to the advisory board, and the advisory board recommended bringing that contract to the Board of County Commissioners. We brought the -- an executive summary and the contract and at that time the Board of County Commissioners did not accept the offer. Then we asked to advertise the property, which we did, and Fortino was the sole respondent to that advertisement. But there was ongoing conversations about the triangle and Mr. Fortino and John Burton presented at the advisory board on several different occasions. COMMISSIONER NANCE: So county staff and CRA staff was engaged in conversations with this gentleman regarding this transaction? MS. JOURDAN: Regarding the property itself in bringing it to the Board. We have to -- any time someone offers to purchase CRA's Page 158 July 7, 2015 property, we have to bring it to the CRA board because we have no authority to enter into any agreements, which that was actually reiterated numerous times. COMMISSIONER HENNING: Even a contract? MS. JOURDAN: Excuse me? COMMISSIONER HENNING: Even a contract? MS. JOURDAN: Any contracts we'd have to bring to the Board. I mean, we have no authorization, signatory authorization whatsoever. COMMISSIONER HILLER: Over 50,000 is what Commissioner Henning wants -- MS. JOURDAN: Oh, no, I'm talking about our real estate contracts. COMMISSIONER HILLER: And I'm saying that he wants you to say over 50,000. COMMISSIONER HENNING: I didn't want her to say that at all. COMMISSIONER HILLER: That's exactly why you want to say MS. JOURDAN: What do you want me to say, Commissioner? COMMISSIONER HILLER: You want to say all contracts over 50,000. CRA CHAIRWOMAN FIALA: Let me just get back onto the subject, if you don't mind. And were you engaged in any way in commission talks with them? MS. JOURDAN: No, actually, the only place the commission was stipulated was in the FAR/BAR contract which was presented to the Board of County Commissioners. As far as what could be paid and what could not be paid, the six percent, I did see that the six percent was in that FAR/BAR contract; however, it was based on what the county had already agreed on Page 159 July 7, 2015 paying anyone with those two contracts through the purchasing department for each one of them since six percent/six percent for the commercial contract and six percent for the residential contract. Just one thing that I'd like to bring to your attention as far as the commission goes. If a commission is agreed to be paid or a finder's fee, we would need to take that out of the proceeds at the time of closing, because any funds has to go towards the payment of the loan. And if it was done at a different time, the CRA does not have funds to pay that commission. It would have to come out of those funds. COMMISSIONER NANCE: I'm just trying to determine if this gentleman was in sequential conversations about this transaction with Mr. Fortino. I want to know the extent that he was involved in an ongoing basis. MS. JOURDAN: Oh, yes, this man, I have probably talked to this man on the phone over 100 times. He has been in my office at least 20, 30 times. He has done -- every time that I would talk with Fortino, he has always been involved in the legwork, he has been involved with finding Fortino's investors. I have spoken with him far more than I have Fortino. MR. BURTON: Can I say something too? It's just not me, it's an actual staff. Premiere Plus Realty as well. And also Debra Sforza, who is the other agent, has helped do a lot of this legwork. So, I mean, when we talk about the commissions, there's a lot more that's being spread around. CRA CHAIRWOMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: We've established that you did work for this sale, potential sale. What we haven't established, was there any verbal discussion -- not written, we understand there's no written -- any verbal discussion with the CRA board about a potential of a commission? MR. BURTON: Could I say something? Just not to interrupt. Page 160 July 7, 2015 COMMISSIONER TAYLOR: I'd like Ms. Jordan to answer and then I will open to you. MS. JOURDAN: The CRA Advisory Board made a recommendation to forward the contract to the Board of County Commissioners with a recommendation for approval. They did not specifically discuss the commission. But they did just make a recommendation to forward it to the BCC or the CRA board. But they were aware of the initial contract with the 17 acres; that's the one that they actually had in place. And we actually have a signed contract, a listing agreement with Mr. Burton on that property. COMMISSIONER TAYLOR: Okay. Mr. Burton? MR. BURTON: Yeah. You know, obviously it was passed and reviewed through the CRA board and also through the County Commission to actually go to the bid process. As I remember, on, what was it, on May 6th. So I mean, that structure was within that contract. So it was in good faith that, you know, we were working hard and doing our job, knowing that we were looking forward -- that's the risk reward too. I mean, if this deal never closed the amount and thousands of hours of work that we have done might not actually happen. And that usually does happen. I mean, you could work on a project like this for a year, which we might find out might not close. And that's why we work for our commission. COMMISSIONER TAYLOR: Well, I think it's an honest appraisal. I guess we go back to what our County Attorney said, this is a discussion of whether -- in good faith, did you say, sir? How did you put it? MR. KLATZKOW: It boils down to what you think the right thing to do is. COMMISSIONER TAYLOR: There we are. CRA CHAIRWOMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: County Attorney, when this was Page 161 July 7, 2015 put out to bid, when the bid was reviewed, when the bid proposal was reviewed by your office, was there no consideration given to a brokerage commission? Did it stipulate in the RFP that no commissions would be paid by the county? I mean, you know, we're -- I can't believe that -- I mean, if this went out to RFP -- because all of this previous stuff didn't work, the commercial property, the residential property, none of these deals closed, it doesn't matter what those contracts were. We have an RFP that went out and we had Mr. Fortino who responded. Did the bid provide that no commissions would be paid by the county? MR. KLATZKOW: I don't think -- and Jean, correct me if I'm wrong. I think what happened was that through this broker Mr. Fortino came to the CRA to make an offer on this property. COMMISSIONER HILLER: Through the RFP. MR. KLATZKOW: Under the statute you have to put that on public notice. So you had Fortino in place -- COMMISSIONER HILLER: But it doesn't matter. If it had -- you can't sit there and say because he was in place and because it had to go to anRFP -- MR. KLATZKOW: That's what the commission is based on, that moment in time. COMMISSIONER HILLER: Okay. When we put it out for an RFP, did the RFP provide the county was going to pay a commission if someone brought a bidder to the table? MR. KLATZKOW: It's in your contract. COMMISSIONER HILLER: Which contract? MR. KLATZKOW: It's in your contract that we would pay any commission that might be due. COMMISSIONER TAYLOR: We just didn't -- excuse me, I'm sorry. MR. DURHAM: I might be able to help a little bit. Page 162 July 7, 2015 The -- Jeff is correct. In both those real estate services contract there's provisions, if they list and the property sells, for a six percent commission. The issue really is for the Triangle property it was never formally engaged. The real estate, these retainer for real estate services have to be actively engaged by the county by entering into a formal listing agreement. So for the Triangle property -- COMMISSIONER HILLER: That's my point. For that Triangle property, and it doesn't matter what involvement there was on any of the other properties, for the Triangle property there was no broker engaged by the county to bring in a buyer. MR. DURHAM: Correct. COMMISSIONER HILLER: And before we entered into this contracts, we didn't recognize that any broker brought this buyer to the table. MR. DURHAM: Correct. COMMISSIONER HILLER: And we have no agreement. The fact that -- I mean, I just -- I don't understand how this could not have been addressed by the County Attorney's Office. I don't understand how -- MR. KLATZKOW: Because he came to us unsolicited. That's what this whole -- COMMISSIONER HILLER: Right. And that's my point. An un-- MR. KLATZKOW: That's what you're paying for. COMMISSIONER HILLER: Unsolicited -- no, that's the problem. And at that point in time that he came to us, we should have made it clear. You can be a buyer's broker just as readily as a seller's broker. He could have just as readily been paid by Mr. Fortino for bringing Mr. Fortino to this project. And the fact that you're buying -- and the fact that you're bringing all this financing to Mr. Fortino, Mr. Page 163 July 7, 2015 Fortino should be paying you for that. MR. BURTON: No, no, actually as a matter of fact that would be a conflict of interest for me. One is -- COMMISSIONER HILLER: Why? MR. BURTON: -- well, for me to introduce him to whoever might have some money or interest, that's all it is is introduction. COMMISSIONER HILLER: Because you're not a mortgage broker? MR. BURTON: Yeah, I mean, you can't be. But this is a -- COMMISSIONER HILLER: But you're not. MR. BURTON: Now I'm a trans-- no, I'm not. I'm just answering questions. COMMISSIONER HILLER: But here's the problem. With being a transactional broker there are all these disclosures you have to get from us, from them. There have to be sign-offs that recognize that this relationship exists. I mean, we can't -- MR. BURTON: There is a paper trail, though. COMMISSIONER HILLER: Did you get like sign-offs on this property with respect to that client? MR. BURTON: No, the County Attorney's Office also put into the May -- June 24th purchase agreement, you know, commissions, like that there was supposed to be a commission paid. So -- COMMISSIONER HILLER: Where? MR. BURTON: -- so it was implied already. COMMISSIONER HILLER: It's not implied. There's nothing implied. MR. BURTON: It was implied through the June 24th meeting. COMMISSIONER HILLER: What June 24th meeting? MR. DURHAM: Correct me if I'm wrong, and Jeff, maybe if you remember, that was never formally agreed upon by the Board of County Commissioners so it really doesn't matter if it's in an Page 164 July 7, 2015 agreement until this Board executes -- MR. KLATZKOW: Right, the reason it's in the agreement, because this issue came up whether or not they were entitled to a commission. So then the issue came up with who would pay that commission. So we agreed that if there was a commission deal, if, it would be the county. COMMISSIONER HILLER: And then you did nothing to make a determination that a commission was due? Because if a commission was due, then there should have been all these disclosures -- you know, there's a whole slew of documents that have to be signed that, you know, create the relationship and provide for disclosures as to who his client is and what his duties are. You know, is he a seller's broker, is he a buyer's broker, is he a transactional broker? All of that has to be disclosed. None of that was disclosed. I mean, who is he the fiduciary to? Is he representing us? Is he representing Fortino? I mean, there's no evidence of any of that on this parcel. It doesn't matter what was done on the previous parcels. What matters is, is that on this parcel, this went out to an RFP and this other guy -- and Fortino bid on it, right? MS. JOURDAN: It wasn't an RFP. It was actually advertised per Florida Statute. COMMISSIONER HILLER: And then they -- MS. JOURDAN: And they responded. COMMISSIONER HILLER: -- Mr. Fortino, not through the broker. MS. JOURDAN: Actually, I'm trying to go back. Was it through the broker? MR. BURTON: It was -- I got the original contract. MS. JOURDAN: Yeah, it was a contract again. And then when we did the purchase agreement we put in there the commission. And when we brought it to the board, the board said there was no actual Page 165 July 7, 2015 contract. COMMISSIONER HILLER: On the 17th? MS. JOURDAN: No, this was for the Gateway Triangle. When they actually made the offer, the sealed bid, which they brought -- physically dropped off at our office, was a contract. But we brought that contract to the board to be executed and the board did not accept it at that time. COMMISSIONER HILLER: So it doesn't matter. We have to go to the deal that's before us. MS. JOURDAN: But they did submit a contract, it just wasn't accepted by the board. COMMISSIONER HILLER: And then what did you do? MS. JOURDAN: Then after that, what it was is that we had -- the board approved the sale of the property but asked us to remove the fee because they did not accept the contract to sign for the fee. But they did allow us to sell to Fortino and said that we would discuss the fees at a later date. So that's why we're bringing the fees back here now. COMMISSIONER HILLER: Why did we say -- that doesn't sound right. MR. DURHAM: During the October -- it was an October, 2014 meeting, this was all brought as one package before the BCC and it was a fairly lengthy discussion. It was decided to segregate the purchase sale agreement and the sale to Fortino from the commission issue and to pull the commission issue out of that. So we came back with an agreement that didn't have that commission percentage in there, just simply had that the seller had -- COMMISSIONER HILLER: Because it was deemed by the board that no commission was owed. That's why it was pulled out. MR. DURHAM: Right, there was a concern expressed by the board that's included in the minutes that are part of the backup. There was a concern about the commission and the commission amount; that Page 166 July 7, 2015 is correct. COMMISSIONER HILLER: I mean, I don't see any of the -- any of the markers of a brokerage relationship. I mean, you didn't get the signatures from the board to represent the board, you didn't get the sign-offs for all the disclosures. MR. BURTON: The disclosures was on that October 28th meeting. It was Fred Coyle's last meeting. COMMISSIONER HILLER: You know, there are these formal forms that have to be signed by, you know, if you're representing the buyer or the seller and you have to get them to sign and you disclose what your duties are and they must sign it. MR. BURTON: That was the first purchase agreement. COMMISSIONER HILLER: Did you do that? MR. BURTON: Yeah, that was the first -- COMMISSIONER HILLER: Did you do this for this one? MR. BURTON: We gave you a FAR/BAR contract that stipulated the commission. COMMISSIONER HILLER: No, I'm talking about the brokerage -- MR. BURTON: Our certified contract -- COMMISSIONER HILLER: No, there are -- we're not talking about the contract for the acquisition of the property, we're talking about the disclosures as a broker. That you have to have your client sign. MR. BURTON: Yeah, and he has signed those. COMMISSIONER HILLER: Who signed them? MR. BURTON: As a purchaser. COMMISSIONER HILLER: He signed them? MR. BURTON: Yes. COMMISSIONER HILLER: And you represented him as a buyer's broker? Page 167 July 7, 2015 MR. BURTON: As a transaction broker. COMMISSIONER HILLER: Well, did you get us to sign anything? I mean, there are signatures for both sides. MR. BURTON: From what I understood through the CRA is that a FAR/BAR contract will not constitute a sale, okay. So with that being said, it would have to go through a purchase agreement written up by the County Attorney. And so I was working with the County Attorney. COMMISSIONER HILLER: But isn't Chapter 475 the chapter that governs real estate brokerage relationships? And through 475 aren't there disclosure forms that a broker, whether he's representing the buyer or the seller or is acting as a transactional broker, has to have the parties sign and that basically is the first step in the fiduciary relationship? Without that you don't have the evidence of the relationship. MR. BURTON: Well, the relationship was also with the 17 acres. Was implied as such. Actually that was signed by the county. COMMISSIONER HILLER: But that wasn't what was sold. MR. BURTON: It's understood. COMMISSIONER HILLER: So that's a totally different transaction. It doesn't matter, because -- MR. BURTON: That's why this is an off-market transaction. We were acting on the good faith of what we were doing, actually consummating a deal -- COMMISSIONER HILLER: But you're a broker, right? MR. BURTON: No, I'm a real estate agent. COMMISSIONER HILLER: Well, it's the same thing. You have a broker -- MR. BURTON: It's two different things. COMMISSIONER HILLER: Yeah, but your broker is the one who is supposed to ensure that you do all the things that 475 requires. Page 168 July 7, 2015 MR. BURTON: Actually, it's all documented, correct. It could be documented. COMMISSIONER HILLER: Yeah, but it's not documented with us. MR. BURTON: Yeah, it's because I was bringing you the buyer. COMMISSIONER HILLER: And you needed an agreement with us in order to get compensation. I mean, just because you bring a buyer without a listing agreement doesn't mean we owe you anything. CRA CHAIRWOMAN FIALA: So Commissioner Hiller, while we're on the same subject, is there -- we have Commissioner Henning waiting to -- could we -- COMMISSIONER HILLER: I just don't understand. CRA CHAIRWOMAN FIALA: -- let him speak a little bit? COMMISSIONER HENNING: Okay, we had an agreement with this gentleman as a broker for residential property. He brought a client to a property that we own which is commercial, which we have another agreement with another broker or person. There was no engagement or no listing agreement. However, the gentleman did bring the person to staff, to the CRA board, and worked with staff. I don't see where we can pay a listing fee. However, Mr. Klatzkow is right, I think it's appropriate to find -- to give a finder's fee. Although the attorney didn't know what the finder's fee would be, I Googled it. And for a licensed agent, the fee could be five percent up to one and a half percent, or a flat fee of a few hundred dollars. So I make a motion that we pay this gentleman a finder's fee of one percent. CRA CHAIRWOMAN FIALA: Which is what, $50,000? COMMISSIONER HENNING: One percent of the purchase. CRA CHAIRWOMAN FIALA: Oh, one percent of the purchase price. COMMISSIONER HILLER: Purchase price of what? What's Page 169 July 7, 2015 the purchase price? MR. BURTON: Actually, I have a sampling of a fee schedule right here for counties. COMMISSIONER HENNING: You have a what? MR. BURTON: Sampling of a fee schedule. It's actually in your executive summary. COMMISSIONER HENNING: A fee schedule? A broker's fee. MR. BURTON: Yeah. COMMISSIONER HENNING: Of six percent. MR. BURTON: But it's a fee. I mean, a fee could be -- COMMISSIONER HENNING: Okay, I'm going to pull my motion. We're going to go on with this. COMMISSIONER NANCE: I'm going to second Commissioner Henning's motion for discussion, because I think Commissioner Henning is suggesting that there's been some involvement. COMMISSIONER HENNING: Right. COMMISSIONER NANCE: And fundamental fairness is the issue. And, you know, it is clear to me, and I'm sorry, Commissioner Fiala, I don't have the floor, let's let -- CRA CHAIRWOMAN FIALA: No, please do because -- COMMISSIONER NANCE: Okay. You know, I'm just saying it's clear to me that there has been involvement with this gentleman with the advisory board, with Ms. Jourdan, and I believe that in fact he has brought value to the county. His services have been of value to the county, if the county is able to close this sale. So I will second Commissioner Henning's motion. I think it's the purchase price which is -- what would the calculation be, Mr. Ochs? MR. OCHS: Roughly $52,000, I believe. COMMISSIONER NANCE: $52,000. So I'm going to second that. I think that is -- you know, I don't think we're going to gain anymore clarity by bashing this around. I don't think we're going to be Page 170 July 7, 2015 able to determine it, because there was no agreement. But I think the issue of fundamental fairness, as Mr. Klatzkow and Commissioner Henning have rightfully brought up. So I will support that. CRA CHAIRWOMAN FIALA: Okay. I think that was a great suggestion. MR. KLATZKOW: May I make one suggestion? CRA CHAIRWOMAN FIALA: Any comments from board members? (No response.) CRA CHAIRWOMAN FIALA: Okay, Mr. Klatzkow? MR. KLATZKOW: Just one suggestion. Reserve six percent of the sales price in an escrow account just in case there's litigation. Because as Jean said, you don't have the CRA funds to make that up down the road. So in case there's a dispute, you'll have that buffer. CRA CHAIRWOMAN FIALA: For what period of time? COMMISSIONER HENNING: But the Board doesn't agree to the six percent. MR. KLATZKOW: No, you're not agreeing to the six percent. COMMISSIONER HENNING: So I'll make that a part of my motion. CHAIRMAN NANCE: And my second. CRA CHAIRWOMAN FIALA: Okay. Board members, all in favor, signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HILLER: Aye. CRA CHAIRWOMAN FIALA: Aye. COMMISSIONER TAYLOR: Aye. CRA CHAIRWOMAN FIALA: Opposed, like sign. (No response.) CRA CHAIRWOMAN FIALA: Very good, it passes 5-0. Page 171 July 7, 2015 COMMISSIONER TAYLOR: Before we leave -- CRA CHAIRWOMAN FIALA: And let me -- are we still on the CRA? COMMISSIONER TAYLOR: Yeah, we're still on the CRA, because this is about the property that may or may not close. In conversation with our County Attorney at our break, it was just a suggestion and certainly wasn't a direction by him, but I think just to have an abundance of caution and belt and suspenders and all those things that attorneys suggest, that if indeed it does not close on July the 13th, that we immediately put it back on the market and that we direct staff to do that. COMMISSIONER HENNING: Yeah, I think that's an appropriate direction that we should give. And I want to clarify my motion. That finder's fee, if the property closes. COMMISSIONER NANCE: Is contingent. COMMISSIONER HENNING: Contingent upon the property closing. CRA CHAIRWOMAN FIALA: Okay, very good. COMMISSIONER NANCE: I thought that was understood. COMMISSIONER HENNING: I just want to make it perfectly clear. CRA CHAIRWOMAN FIALA: I understood that too, but I think it's good that he cleared that up to make it perfectly clear. So can we make sure that that is added to this motion? MR. KLATZKOW: It was my understanding, but for clarity sake, yes. CRA CHAIRWOMAN FIALA: Okay, very good. MS. JOURDAN: May I ask a question? When you say put it on the market, do you mean actually list it with a real estate agent? COMMISSIONER TAYLOR: Mr. Klatzkow? Page 172 July 7, 2015 MR. KLATZKOW: I believe you're going to have to readvertise it, right? MS. JOURDAN: Yeah, but we don't have to list it with a real estate agent -- COMMISSIONER TAYLOR: No. MS. JOURDAN: -- we can just advertise it ourselves. COMMISSIONER TAYLOR: That's what I meant. MS. JOURDAN: Advertise it ourselves? COMMISSIONER TAYLOR: Yes. If that's the Board's will, that seems to be fine with me. CRA CHAIRWOMAN FIALA: Board members, any other comments? COMMISSIONER HILLER: I mean, I think -- yeah, I think we should list it with a reputable commercial agency and we should put it out to bid and get commercial brokers to bid on this and give them a listing and have them actively market the property. And try to get the best possible price and have, you know, a formal listing agreement so we don't have these kinds of issues and so we clearly have an understanding what the agency relationship is and who is representing whom. Because, I mean, the way this is being handled is just really bad. MS. JOURDAN: Well, I would agree, because we really don't -- I mean, we can get it out a lot better and to more people and it's advertised and stuff if it actually goes with a real estate agent and we have an existing commercial contract. MR. OCHS: We have a broker for the CRA. COMMISSIONER HILLER: Who is the commercial broker? MR. OCHS: What's the firm, please, Tim? MR. DURHAM: CRE Consultants is the commercial firm on retainer. COMMISSIONER NANCE: It's my view we should bring it Page 173 July 7, 2015 back at the September meeting if this doesn't close. I don't think there's any reason to rush into this, because this has not been clean. It has been the opposite of a clean arrangement. So -- COMMISSIONER TAYLOR: Well, but -- and I understand your abundance of caution, but I guess the issue is, is that depending on what happens on July 13th, if it doesn't close then there is a clear and defined break with the former -- COMMISSIONER HILLER: Everybody. COMMISSIONER TAYLOR: Yeah, and that we start fresh. COMMISSIONER NANCE: I think we should, ma'am. I don't think that -- you know, we're going to have a month or six weeks in there, I don't think that's going to make or break this property. I think the property's probably going to be worth more later than it is now. COMMISSIONER TAYLOR: That's right. COMMISSIONER NANCE: So I suggest we de-- you know, I'm making a motion that we don't do anything until our next meeting and that if Mr. Fortino fails to close, that the County Manager and Ms. Jourdan bring forth a proposal for disposition of the property if they still feel like that's in order and bring something for the board to approve. That would be my motion. CRA CHAIRWOMAN FIALA: Do I hear a second? (No response.) CRA CHAIRWOMAN FIALA: I'll second it for the sake of conversation. And my conversation would be if it doesn't close, and I think it will, but if it doesn't close do you have any renters left that can help you get through these next couple of months? Because there's payments involved. Or how would that affect you? MS. JOURDAN: We actually have one renter left there, but he'll be vacating within the next few months also, so then we'll have no income coming in from those properties. COMMISSIONER TAYLOR: I think we do need to move this Page 174 July 7, 2015 ahead. You know, if we have a real estate -- commercial real estate firm that we have on retainer for the county, how do we lose? We don't lose if we just go ahead and list it. CRA CHAIRWOMAN FIALA: Can we hear from the other two commissioners? I've heard from -- COMMISSIONER HILLER: Can I -- CRA CHAIRWOMAN FIALA: Can you make it quicker, though? COMMISSIONER HILLER: Yeah, absolutely. I looked at Chapter 475. You know, the other commissioners have spoken a great deal and I think -- COMMISSIONER HENNING: (Laughing.) COMMISSIONER HILLER: -- this is a very important issue. The Chapter 475 makes it very clear that there are disclosure requirements for the brokers and it's required by statute like you must make these disclosures to the seller and the buyer. And we never received that. And it is the broker's duty. So I feel very strongly that going forward I think we need to let's see what happens on the 13th, if it doesn't happen, wait, keep it as it is, it's just a couple of months until September. In September we should decide who the listing broker should be for that commercial property, whether it's who we have on retainer or we can go out and get another broker, I mean, there are really great commercial brokers out there, and make sure that we have, you know, the agreement as required with all the disclosures that are in 475. Because it was the broker's duty to bring those disclosures to us and have us sign them, and that didn't happen. And it's all right here. I'm looking at it. And it's a big deal, because it goes to how they are representing us and, you know, whose bringing forward the offers and the duty of confidentiality and all that kind of stuff. So we need to -- it's all right here. So I don't think there's much to Page 175 July 7, 2015 talk about. I think, you know, waiting 'til September if the deal goes through, then we've agreed to pay a one percent finder fee, you know, based on the purchase price of the property. And if the -- and that's assuming that it's, you know, paid for, you know, we're not involved in any financing or anything like that. And on the back side, if it doesn't go through, let's just wait 'til September and decide, you know, what kind of relationship we want to enter into, whether it's a single agency or a transactional brokerage agency, whatever makes most sense to us at that time. CHAIRMAN NANCE: That's been my motion and second. COMMISSIONER HILLER: And I support it is my point. I agree with you. CRA CHAIRWOMAN FIALA: Commissioner Henning, any comments before we go to vote? COMMISSIONER HENNING: No, ma'am, we beat the heck out of this. CRA CHAIRWOMAN FIALA: Pardon me? COMMISSIONER HENNING: I said we've beaten the heck out of this. CRA CHAIRWOMAN FIALA: Yes, we have. COMMISSIONER HILLER: Well, I wish the County Attorney's Office had handled it differently. CRA CHAIRWOMAN FIALA: So we have a motion on the floor and a second to not advertise this before September; is that correct? For sale. Okay, all in favor, signify by saying aye. COMMISSIONER HENNING: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CRA CHAIRWOMAN FIALA: Opposed, like sign. Page 176 July 7, 2015 (No response.) CRA CHAIRWOMAN FIALA: Okay, it passes 5-0. Thank you. Now, anything else, board members? COMMISSIONER HENNING: Thanks for your patience, Jean. CRA CHAIRWOMAN FIALA: With that then, we will close the CRA meeting. CHAIRMAN NANCE: And open up the Board of County Commission meeting for the second afternoon session. Item #9E ORDINANCE 2015-44: (1) AN ORDINANCE AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING SECTION 2.03.07 OVERLAY ZONING DISTRICTS; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.05.02 EXEMPTION FROM REQUIREMENTS FOR VEGETATION PROTECTION AND PRESERVATION, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.05.08 REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.04 STANDARDS FOR CLUSTER RESIDENTIAL DESIGN, SECTION 4.06.02 BUFFER REQUIREMENTS, 4.06.05 GENERAL Page 177 July 7, 2015 LANDSCAPE REQUIREMENTS, 4.08.07 SRA DESIGNATION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS INCLUDING SECTION 5.06.04 DEVELOPMENT STANDARDS FOR SIGNS IN NONRESIDENTIAL DISTRICTS; CHAPTER TEN - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.04 REQUIREMENTS FOR PRELIMINARY AND FINAL SUBDIVISION PLATS, SECTION 10.02.06 REQUIREMENTS FOR PERMITS, SECTION 10.02.07 REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.03.06 PUBLIC NOTICE AND REQUIRED HEARINGS FOR LAND USE PETITIONS; APPENDIX A- STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED IMPROVEMENTS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE; (2) PROVIDING DIRECTION TO STAFF TO UPDATE THE LAND USE PROCEDURES IN THE ADMINISTRATIVE CODE FOR LAND DEVELOPMENT; AND (3) THE LIST OF PROPOSED 2015 LAND DEVELOPMENT CODE AMENDMENTS - CYCLE 2 — ADOPTED MR. OCHS: Mr. Chairman, you are now on Item 9.E on today's agenda. It's a recommendation to consider a series of Land Development Code amendments that were previously Board directed or applied for privately, and also to provide direction to the staff to update the land use procedures in your Administrative Code for land development, and then finally, to consider authorizing the proposed list of 2015 Cycle 2 Land Development Code Amendments. Ms. Caroline Cilek will present. MS. CILEK: Thank you. Yes, Caroline Cilek, Land Page 178 July 7, 2015 Development Code Manager with our Growth Management Department. Just to add to what our County Manager has relayed, the amendments for Cycle 1 have been publicly vetted and were unanimously approved by the Development Services Advisory Committee, as well as the Planning Commission. Also in your new packet is the Cycle 2 prioritized list of amendments for your consideration and direction to proceed working on the Administrative Code for Land Development, which is a tool to help applicants and public apply for land use applications. I'm happy to answer any questions you may have. CHAIRMAN NANCE: Comments? Commissioner Henning? COMMISSIONER HENNING: The RLSA, is this a private amendment incorporated? MS. CILEK: Yes, Cycle 1 included privately initiated amendments. This amendment went through the vetting process. And the one before you today was approved by the Planning Commission as presented. Previously there were other provision and those are no longer in the document that is before you today. COMMISSIONER HENNING: I think that we need to go over this in detail. MS. CILEK: Okay. COMMISSIONER HENNING: One of the things that I have concerns about is packet Page 204. And that is resolution decision for the stewardship receiving area, SRA, and amendment CRA, the following advertised public hearing are required. One Planning Commission meeting, one, BCC hearing. Now, when we do a -- let's say the stewardship -- or the Big Cypress stewardship, would this say that we're only doing one hearing? MS. CILEK: Okay. And we are looking at Amendment Page 179 July 7, 2015 10.03.06, which identifies the public hearing procedures, correct? I can put it up on the overhead just to make sure that we're all on the same page. Because this is a companion item to the privately initiated amendment. COMMISSIONER HENNING: Yes, we're on the same page. MS. CILEK: Great. Yes, these would be the public hearing requirements and notice procedures for the SRA areas. COMMISSIONER HENNING: So when the stewardship -- or the Big Cypress comes forward, that's actually a DRI and it's a big amendment. It's a Growth Management Plan Amendment? Is it just a DRI? So it only requires one hearing anyways. MS. CILEK: So these are specific to the SRA designations and SRA amendments, which there are several types of amendments being proposed. This is separate than any growth management changes. MR. BOSI: Good afternoon, Commission, Mike Bosi, Planning/Zoning Director. The statutes have basically exempted SRAs from the DRI process, so this is strictly a local ordinance that requires one hearing before the Planning Commission, the EAC and then also the Board of County Commissioners. COMMISSIONER HENNING: What would we do with any big development like Ave Maria or Big Cypress? Let's say it wasn't in the RLSA. What would we do for any other development? Would it be two hearings or one? MR. BOSI: It would be one hearing. COMMISSIONER HENNING: Okay. You answered that question. Let's go through the whole request by this private development so I have a complete understanding. MS. CILEK: Sure. That would be a different amendment. And I will pull that up and put it on the overhead as we walk through it. So Page 180 July 7, 2015 you're going to go to the 4.08.07 private amendment in your binder. COMMISSIONER HENNING: I don't have a binder. MS. CILEK: Okay, I can -- COMMISSIONER FIALA: What page? MS. CILEK: It is page -- looks like we're going to have to coordinate. COMMISSIONER HENNING: On the bottom of the page. CHAIRMAN NANCE: Do you want to look at it? COMMISSIONER FIALA: Oh, I've got that binder in my office. COMMISSIONER TAYLOR: Go get it. Because there's going to be more. MS. CILEK: I think what would be helpful would be to look at the proposed changes and those are highlighted in yellow for your convenience, a reading. I can also pull up the amendment. COMMISSIONER HENNING: Yeah, pull it up. COMMISSIONER TAYLOR: Ifs F. It's section F. MS. CILEK: If it would be helpful, can we walk through the amendment page by page? COMMISSIONER HENNING: Yep. MS. CILEK: Okay. On the first page of actual LDC text there are no changes. Changes begin -- COMMISSIONER TAYLOR: On Page 12. MS. CILEK: -- on Page 12, correct. COMMISSIONER TAYLOR: Well, on Page 11, public notice and required hearings. COMMISSIONER HENNING: Right. And that's no different than what we do now. COMMISSIONER TAYLOR: Yeah. MS. CILEK: Correct, that is just a cross reference. COMMISSIONER HILLER: One comment. You constantly Page 181 July 7, 2015 have EAC. We don't have the EAC. MS. CILEK: The EAC is incorporated into the Planning Commission. COMMISSIONER HILLER: Correct. So why are we constantly referring -- why not just strike that and just -- because it's the Planning Commission. It's not the EAC, it's only the Planning Commission. MS. CILEK: We can look at that at the future. It was my understanding that the ordinance that allowed for the incorporation of the EAC into the Planning Commission kind of covered that for the direction. But we can look at that throughout the LDC as we move forward and look at the sections. COMMISSIONER HILLER: Well, we're doing that right now. CHAIRMAN NANCE: We're going to throw it all together. MR. KLATZKOW: You have a number of ordinances that require review by the EAC. We have the Planning Commission sitting both as a Planning Commission and the EAC. CHAIRMAN NANCE: That's why it's -- COMMISSIONER HILLER: So why not just have one ordinance that says all ordinances that address an EAC now shall strictly refer to Planning Commission, and be done with it. And that way -- you know, we just need some -- CHAIRMAN NANCE: We don't have that right now. COMMISSIONER HILLER: Well, we need that. Because we need to clean it up. I mean, it's been longstanding that we no longer have an EAC. It's easy. MS. CILEK: I can look to discuss that with the County Attorney's Office in the future. Okay, the next page begins more of the substantive changes. Any issues here? COMMISSIONER HENNING: No. MS. CILEK: No, okay. Page 182 July 7, 2015 This continues with the amendment process. As you can see, this language is very familiar. It is from the PUD, planned unit development, section of the -- COMMISSIONER HENNING: It's the same thing we're doing now for everybody else. MS. CILEK: Correct. And this language is verbatim currently. COMMISSIONER HENNING: Okay. MS. CILEK: No changes on Page 14. COMMISSIONER HENNING: And you have some deviations. They can ask for deviations, and that's no different than anybody else. Next one? MS. CILEK: Page 15. COMMISSIONER HENNING: You're changing the -- MS. CILEK: This slide I believe shows the deviation request. COMMISSIONER HENNING: Right. MS. CILEK: Okay? Page 16. COMMISSIONER HENNING: Well, we're also striking through some things. Collier County RLSA overlay SRA characterization chart is being struck through where it shows -- COMMISSIONER TAYLOR: Where are you? MS. CILEK: So we're on Page 16. I don't believe there's any struck through language, but I will note that we've updated the SRA chart just to correct some minor errors. So it's not included in this amendment. It's kind of a bulky amendment so we have it as a separate one. COMMISSIONER TAYLOR: I want to comment on that when it's appropriate. MS. CILEK: Sure, that would be great. COMMISSIONER TAYLOR: Go ahead, let's finish this. COMMISSIONER HENNING: No, go ahead, I want to listen to Page 183 July 7, 2015 you. COMMISSIONER TAYLOR: Okay. Let's go to that amendment. MS. CILEK: So that is the -- for those who have a binder, it's the one prior to this amendment, 4.08.07 SRA chart. And our goal here was to allow this to be a little bit more user friendly in reading and to just correct a couple of typos; one being that they were intended to be uses that were underlined, just to show that they were allowed but not required and that had not been included in the codified version. We were here to correct that. COMMISSIONER TAYLOR: And also, I believe adding workforce or workforce was already in there? MS. CILEK: We are making this consistent with the FLUE, I believe, in the language that is being included. COMMISSIONER TAYLOR: Okay. What's happened here, there's an incompatibility. Because with a town, the required uses with a town is centralized or decentralized community treatment system. But an interim use is interim well and septic. And if Pine Ridge and the area behind the post office tells you anything, once you're on septic it's very difficult to get you off. So what you've got is you saying that we want workforce housing which is higher density, and that comes in every one of the areas: Town, village, hamlet, and rural. But what you're allowing is individual well and septic systems in the rural, individual well and septic systems in the hamlet. That's required. That's sprawl. That's not an accusation to you, but it's incompatible when you're trying to talk about higher densities. You can't put them on well and septic. If you're talking about well and septic, then we've got whole other problems that we're not -- that's not what the rural lands is supposed to be about. MS. CILEK: What I can do today is take note of this and share Page 184 July 7, 2015 this with our comprehensive planning manager. This table now that is corrected is verbatim of the GMP and the FLUE elements. So that conversation will need to be had at that level. But I will relay that information -- COMMISSIONER TAYLOR: As we're going forward, you know, what do we want out there? COMMISSIONER HENNING: Is this adoption hearing? MS. CILEK: Yes, these amendments need to be heard once, and today is the day. COMMISSIONER HENNING: Okay. Well, do we have to adopt it today? MS. CILEK: You don't have to, no. I'm here to present them for adoption. COMMISSIONER HENNING: I think Commissioner Taylor brings up a valid point. We were trying to take the density throughout the agricultural area and create these villages; hamlets, villages and so on and so forth, trying to condense it. And a well system, a septic system is problematic. MR. CASALANGUIDA: Commissioner, that's already language that's in there now. They just cleaned up the chart. MS. CILEK: Right, we're here to just correct more or less a scrivener's error. But I can certainly relay this to -- COMMISSIONER HENNING: I guess it's kind of confusing, because what happened is you struck out one chart and created a new chart. However, the language -- some of the language was still in there, or all the language is the same? MS. CILEK: Correct. We only tried to clarify it when it was inconsistent with small tweaks to the GMP language, and that's the shaded language that you see there. But in general, the -- we're just trying to correct a scrivener's error. But I take your comment to heart and we can definitely share those with our staff members. Page 185 July 7, 2015 COMMISSIONER HENNING: Absolutely. COMMISSIONER TAYLOR: You all right? COMMISSIONER HENNING: Yeah. COMMISSIONER TAYLOR: Okay. Comment so noted. MS. CILEK: Thank you. All right, we're on Page 16. Yes? COMMISSIONER HILLER: Can I clarify? Going back to the issue of septic versus as sewer system, am I to understand that what's being suggested, that there shall be no septic systems in that area, and that there will be a sewer system? And County Manager, do you have a factored in your budget? Because to put a -- I mean, we're going to be -- the county is going to have to put in the sewer system. I mean, the only thing the developer has to do is, you know, tie in. COMMISSIONER HENNING: That's not a true statement. COMMISSIONER HILLER: But I want a clarification of what's being proposed. Because if that isn't what's being proposed, then what's here is okay. MR. OCHS: Commissioner, there are -- MS. CILEK: I need to defer to -- MR. OCHS: There are private developers that put in their own utility plants. COMMISSIONER HENNING: Did you put one in Ave Maria? COMMISSIONER TAYLOR: That's right. MR. OCHS: No, sir. Ave Maria for instance has their own water and sewer utilities. COMMISSIONER HILLER: But they are a special district. They have a completely different funding mechanism. I mean, they are like the county, they are a special taxing district. Big Cypress is not part of-- for example, part of a special taxing -- Page 186 July 7, 2015 MR. BOSI: Big Cypress is a 189 district, a unique 189 district, which is a financing district that was actually created by the legislature at the same time of Ave Maria, so Big Cypress is a 189 that is able to have bonding capacity for infrastructure provision. COMMISSIONER HILLER: Are they able to put in a sewer system? MR. BOSI: No, they were suggesting a town, and town requires that they provide the utilities. COMMISSIONER HILLER: And does the town as it's -- as this is currently written, does this provide for the sewer system in the town? MR. BOSI: It requires -- COMMISSIONER HILLER: It requires the sewer system. MR. BOSI: -- your own to be provided. COMMISSIONER HILLER: But I'm not sure I understand what needs to change from this. I don't understand what the issue is. MR. BOSI: There was nothing being suggested within this chart related to the provision for a hamlet to be able to utilize septic. That's an issue that needs to be taken up at a growth management plan stage discussion. Because that's a provision that's allowed for by the current policy for the Rural Land Stewardship Area. And I've heard the Board express some concern over that aspect, and that will be something I'll have to take to our comprehensive planning staff and initiate the discussion in that process. CHAIRMAN NANCE: Is it proper to do that when we do the GMP? MR. BOSI: This is -- COMMISSIONER HILLER: It's appropriate to approve this as-is at this time. MR. BOSI: As is there's no substantive changes being suggested to this chart. Page 187 July 7, 2015 COMMISSIONER HILLER: We're okay. MR. BOSI: The only thing that was added was underlying a couple uses that were omitted from being underlined. There's no modification, there's no substantive modifications to the chart -- to the regulations within the RLSA except for the allowance for some of the deviations that are being suggested by the private initiated LDC amendment which have been reviewed and recommended for approval. CHAIRMAN NANCE: That's why this is bundled in a single agenda item, Mr. Bosi. MR. BOSI: Yes, correct. COMMISSIONER HILLER: That makes sense. CHAIRMAN NANCE: So there are three different considerations here. COMMISSIONER HILLER: Right. CHAIRMAN NANCE: We've got the Cycle 1 amendment which is composed of Board directed amendment, this privately initiated amendment. And the amendments providing flexibility and the clarification scrivener error amendments that are bundled together in this. COMMISSIONER HILLER: Right. And it does make sense to approve them at this time without any adverse impact. MS. CILEK: Correct. All of these have been vetted and approved. We're not making any substantive changes to that chart. COMMISSIONER HENNING: I have another question. MS. CILEK: Sure. COMMISSIONER HENNING: Who needs to approve this amendment? MS. CILEK: These amendments need a supermajority vote by the Board of County Commissioners, all of them. COMMISSIONER HENNING: That's why we're here today. Page 188 July 7, 2015 MS. CILEK: Yes. COMMISSIONER HENNING: All right. We have -- the strike-through, the monitoring requirement to ensure the fiscal neutrality, the development of the CRA shall submit to the county fiscal impact analysis report every five years. Now that's being crossed out. COMMISSIONER TAYLOR: Where are you? What page? MR. YOVANOVICH: 29. MS. CILEK: Let me put it on there for you. COMMISSIONER HILLER: That was statutorily eliminated, wasn't it? MR. CASALANGUIDA: Board directed. CHAIRMAN NANCE: Page 28. COMMISSIONER HENNING: It was Board directed? MR. CASALANGUIDA: Sir, when we brought back the FIAM analysis we were going to start doing developer contribution agreements and eliminate the five-year review, because we found no merit in it when we came back to the Board last time we presented the FIAM review. COMMISSIONER HENNING: Okay. COMMISSIONER HILLER: Can I ask a question regarding the FIAM? I thought it was statutorily eliminated also. Wasn't it? Or did they have a different -- I can't remember now, but I thought there was some provisions. MR. BOSI: Mike Bosi again. And no, Commissioner, the statutes have not addressed any aspect of the determination for a fiscal neutrality, and that's still a component that's still within our Growth Management Plan and within our Land Development Code. The last time we were here before the Board of County Page 189 July 7, 2015 Commissioners, Mr. Casalanguida had said the Board of County Commissioners had basically directed the staff to no longer utilize the FIAM because the confidence within that model was no longer maintained by the Board. And so we're approaching this from a public facilities impact analysis as well as a developer contribution agreement analysis that's going to be coupled together that's going to be part of the review package that attempts to establish that fiscal neutrality. COMMISSIONER HILLER: I understand, and I remember that whole discussion. And there was no question that the FIAM absolutely does not work. It's impossible. It can't be relied on as to proving neutrality or not. But what is required in the statutes with respect to fiscal neutrality? Is there any statutory provision that requires evidence of that? MR. BOSI: I will have to review the statute. The statutes were based upon the original Collier program. But I haven't reviewed specifically the Florida statutes related to the creation of an RLSA. I can most certainly report back to -- COMMISSIONER HILLER: For some reason, and that's what -- and, you know, I am reaching back in my memory, but I thought that was -- you know, the FIAM as a monitoring tool was eliminated as a requirement. And I could be mistaken, but I had some recollection that it was either modified or eliminated. If it was even in there. MR. YOVANOVICH: It was never required. MR. BOSI: Well, I know that -- COMMISSIONER HILLER: Was it even in there or was it just a local creature? MR. BOSI: The Department of Community Affairs, the prior DEO. Was committed to the FIAM and the Regional Planning Council as well. They had -- but when the utilization of the FIAM was happening throughout the state, there was issues, the same type of Page 190 July 7, 2015 issues that were experienced by Collier. The state pulled back, the region pulled back. The concept of fiscal neutrality is still maintained but the utilization of the FIAM was no longer being endorsed by the state or the region. COMMISSIONER HILLER: I had some recollection of that. CHAIRMAN NANCE: Let me provide a little bit of guidance to the Board here on what we have before us. This is a very cumbersome agenda item. The Cycle 1 amendments that are outlined here through several different sorts were unanimously approved by the Planning Commission on two hearings: One on May 21st and the second on June 4th. Okay? Those are being recommended by the Planning Commission. Number two: The upgrade to the Administrative Code for land development includes procedures that are necessary based on the proposed LDC amendments, and updates would be, as directed by the Board to do so, will be brought forward to the Board consideration at a future meeting. That's contingent upon the ones that have been approved by the Planning Commission. And the third element in this cumbersome agenda item are the Cycle 2 list, which is a listing of things that have been brought forth at different times for consideration going forward. So that's what the Board needs to look at. You've kind of got three bites on this thing. It's got three elements. COMMISSIONER HENNING: Are you done? CHAIRMAN NANCE: Yes, Commissioner Henning? COMMISSIONER HENNING: Is there any other deviations from the development standards besides the signs? I mean, the changes to the development standards, I'm only seeing signs. So I'm asking, is there any other development standards that was written in the code that is being changed? Page 191 July 7, 2015 MS. CILEK: So if we look at the list of amendments, if everyone has that, there is one regarding the Immokalee interim deviations. COMMISSIONER HENNING: No, no, no, that's not in the RLSA. MS. CILEK: Oh, I apologize. I'm sorry, I was speaking of the entire cycle. Looking at the SRA amendment, they are requesting deviations and amendments. COMMISSIONER HENNING: Well, there's development standard changes to the signs. Is there any other development changes besides signs? MR. YOVANOVICH: If I may, since -- for the record, Rich Yovanovich on behalf of the private sector petitioner. The answer is no. What we're simply doing is adding a process where we can ask for deviations at any time. COMMISSIONER HENNING: There's deviations in there, I see that, that's great. MR. YOVANOVICH: And then we're adding substantial and insubstantial provisions, similar to PUDs, for process. And we're actually increasing the amount of public input by requiring a neighborhood information meeting process before any amendments. We're not asking for any changes to any of the development standards that currently exist through this amendment process. COMMISSIONER HENNING: Okay, I must have read that wrong. MR. YOVANOVICH: Yeah, that was not -- we never intended to change any of the development standards that currently exist. We just added the process by which we can ask for deviations. Instead of having to ask for them at the very first development order of the town we can ask for them later on in the process. So there was no intent to change anything. Page 192 July 7, 2015 COMMISSIONER HENNING: I looked at the wrong one. It is Section 5 of the Land Development Code. That's not in the RLSA. MR. YOVANOVICH: That's not the RLSA. COMMISSIONER HENNING: Thank you. Okay, I'm all set. No more questions. CHAIRMAN NANCE: Any further comments? (No response.) CHAIRMAN NANCE: Is there a motion here from anyone? COMMISSIONER HILLER: Motion to approve. COMMISSIONER FIALA: And I'll give it a second. CHAIRMAN NANCE: Okay, what are we going to approve? Are we going to take it in three step? COMMISSIONER HILLER: Motion to approve it all. Do we have to break it up, or we can approve it until -- CHAIRMAN NANCE: I will second it. Any further discussion? (No response.) CHAIRMAN NANCE: Hearing none -- COMMISSIONER FIALA: I already seconded it. But your voice sounds better, so I'll just let you have that. CHAIRMAN NANCE: Okay. Well, we've got a double second, so it's definitely seconded. All those in favor, signify by saying aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right. Page 193 July 7, 2015 MS. CILEK: Thank you. MR. OCHS: Mr. Chairman, that concludes your business items on the agenda today, save for the three items that you'll hear at 5:05. CHAIRMAN NANCE: Okay, Mr. Ochs, would you like to talk about -- is there any other thing you can handle at this time or would you like to talk about the current workshop session? Since we're not going to meet again until the 8th, is there additional business we can conclude? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: If you want to go to communications for me, anyhow, that would be great, sir. CHAIRMAN NANCE: Okay. MR. OCHS: Those are -- per the Board's direction, at the last meeting we adjusted the workshop schedules for October and November to cover the items that you see on the visualizer. Also, Commissioners, we did get information that due to the early start of next year's legislative session, which will start in January, the Collier Delegation meeting that typically is held the week of Thanksgiving has been moved up to October 15th. So I know that several commissioners had suggested that perhaps if we could find a date that worked for the Board and also worked for our delegation, if we could look to perhaps have some time with the delegation in September after you get back, probably mid September. We're trying to work on a -- what would be a, you know, an off-cycle workshop date, if that's acceptable to the Board. If there's some consensus that there's interest in that, prior to you adopting your state legislative priorities for the next session. Page 194 July 7, 2015 CHAIRMAN NANCE: Commissioners in agreements on that, letting Mr. Ochs come back with a proposed date? COMMISSIONER FIALA: Yeah. MR. OCHS: Okay, so we're going to work on that. CHAIRMAN NANCE: Okay. What about Commissioner comments? Commissioners, do you have comments you'd like to make at this point? Going to distribute some caffeine here shortly. COMMISSIONER HENNING: Yeah, I have one. CHAIRMAN NANCE: Would you like to do that, Commissioner? COMMISSIONER HENNING: Yeah, the Board just approved a settlement agreement for the Orange Tree utility. It will be brought into our system. That utility system does not fluorinate their water. No? MR. KLATZKOW: No, that's not what we did. COMMISSIONER HENNING: What did we do? MR. KLATZKOW: You authorized me to bring suit to compel -- COMMISSIONER HENNING: Okay. MR. KLATZKOW: -- the sale. COMMISSIONER HENNING: All right. So what are we going to do once we take it over? Are we going to force those people to drink fluorinated water? It's going to be part of our -- it's going to be interconnected within our system. So it's either no fluorination throughout the whole district or fluorination throughout the whole district. COMMISSIONER HILLER: Over 30 percent of Collier County doesn't have fluoridated water because they're on well. And predominantly where the families live doesn't have fluoridated water. COMMISSIONER HENNING: But I'm not talking about outside the service area for the district, I'm talking about the water and sewer Page 195 July 7, 2015 district. CHAIRMAN NANCE: I don't know, I think the system should have consistent services to all, either all do one or all do the other would be my suggestion. COMMISSIONER HENNING: I'm saying -- then I'll go back to the original question, do we force them to drink fluoridated water at Orange Tree? COMMISSIONER HILLER: Can I suggest maybe staff needs to go back and look, there are updated studies, I think by the federal government also about fluoridation and the impact on health. And, I mean, you know, ingested fluoride as opposed to topical fluoride. But I'm not sure what the status is at this point. MR. OCHS: Commissioners, we'd be very happy to bring back a staff report with the latest research and information, and whatever input the -- Board direction you'd want to give at that time we would certainly take. But Commissioner Henning's correct. I mean, the intent if we do take over that district is that it will be interconnected with all of your other plants, and that's part of the beauty, if you will, of the system that you can move flows around through a larger system. CHAIRMAN NANCE: Provides the same services for the same cost. MR. OCHS: Yes, sir. Yes, sir. COMMISSIONER HENNING: Other than that, have a great summer. I'll be around if anybody wants their purchase orders. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: Yeah, it's my understanding -- I read an article in the paper and I spoke to Leo about it to see if he had the evidence that the paper was referring to on BQ Concrete. Apparently the Clerk sent out two letters to BQ Concrete citing the civil theft statute and where he basically told them that unless they Page 196 July 7, 2015 reimbursed the county for what he claims they improperly received, that he deems to be a theft, that he would proceed with litigation. And I talked to the County Attorney. And regardless of the Clerk's opinion of what his standing is, that the County Attorney -- and I think it's fair to say, and I agree with him, that the Clerk does not have standing to sue in the name of the Board. The Board is the only one who can sue in the name of the county or be sued in the name of the county. So one thought I had to recover this money without litigation, to the extent we know that there are funds -- and essentially what happened was the Clerk failed to adequately pre-audit these invoices and as a consequence they were improperly paid. And so now to get this money back, one way to do it without litigation is, in light of the invoices that haven't been paid, is to establish an offset between what they have received in excess of what they were entitled to and what they legitimately may still be owed. And then the county can be, at least as to those two particular invoices, be whole again. And I don't know if that's something that the County Attorney would do or the County Manager would do, but it certainly would be a way to get that money back to the county now. And that way that issue, at least with respect to those two invoices, would be addressed, we would recover those funds. Who would like to address that? County Attorney, County Manager? MR. KLATZKOW: If you know for certainty that you've overpaid somebody and there are outstanding invoices due, you offset it. You don't go to court to get your money back, you simply offset it and that ends that. You know, that would be a function of the County Manager working with the Clerk's Office. COMMISSIONER HILLER: Is that something that the Board Page 197 July 7, 2015 would see as a reasonable thing to do? I mean, I don't see any reason CHAIRMAN NANCE: First of all, you have to make a determination what the facts actually are. Have we determined that yet? COMMISSIONER HILLER: Have you got the letters that show MR. OCHS: Ma'am, I'm sorry, I don't have them with me. I can go downstairs and bring them later. COMMISSIONER HILLER: Yeah, could someone bring them up? CHAIRMAN NANCE: I'm not sure we know what the facts of the case are yet, are (sic) we? We're still researching -- MR. KLATZKOW: Well, if you know for certainty that you've overpaid "X" number of dollars -- COMMISSIONER HILLER: I mean, if they -- you know, if they stipulate to those amounts as overpayments, then that issue is settled. Now, and it can be taken care of without litigation, and we can get the money back right now without spending a fortune in litigation to get there. COMMISSIONER FIALA: I think it's common sense. COMMISSIONER HILLER: I think we should look at it, you know. COMMISSIONER HENNING: Have an active investigation. I don't see how you can do that. CHAIRMAN NANCE: Yeah, I think we need to wait until we -- COMMISSIONER HILLER: I don't see -- CHAIRMAN NANCE: -- make some determination. COMMISSIONER HILLER: And to the same extent -- and that's a good point. And to the same extent, since we have an active -- if there's an active criminal investigation, then the Clerk can't be pursuing Page 198 July 7, 2015 this civil action. COMMISSIONER HENNING: He can't anyways. COMMISSIONER HILLER: What? COMMISSIONER HENNING: He cannot anyways. COMMISSIONER HILLER: He can't anyways, but then he shouldn't be. But didn't he send out some letters? Can you get me those letters? MR. OCHS: Yes, they're coming up. COMMISSIONER HILLER: That's great. So, I mean, if it can be resolved, then it should be resolved, you know, expeditiously without litigation. If it can't be resolved, then the Clerk shouldn't be doing what he's doing. Crystal, is the Clerk continuing to investigate BQ? MS. KINZEL: Commissioner Hiller, the BQ is under investigation at this time. COMMISSIONER HILLER: By FDLE. But is the Clerk's Office investigating? MS. KINZEL: We are not an investigative branch. However -- COMMISSIONER HILLER: So you're not doing any audits. MS. KINZEL: -- that is not the case. No, I did not say that. We are continuing to gather the information related to the active investigation. And that's all I would really want to further say about it. The letters speak for themselves regarding the Clerk's legal action, and the Clerk believes that action is fully appropriate. COMMISSIONER HILLER: So the Clerk is continuing its investigation of BQ. I just would like to know. Can I see the letters? This one looks like a duplicate of the same thing. There's only two letters, right? MR. OCHS: Yes, ma'am. I think one went to each of the Page 199 July 7, 2015 principals of the firm. COMMISSIONER HILLER: Oh, I see. I understand. Well, like I said, I don't -- I mean, I know -- County Attorney, have you seen these letters? MR. KLATZKOW: No. COMMISSIONER HILLER: Let me go ahead and give them to you. Nick, would you mind? I'll just give you everything that's here. CHAIRMAN NANCE: Why don't we let Mr. Klatzkow review these letters and come back to us. We're going to have another session here this evening, if you want to let him take a look at it. COMMISSIONER HILLER: Yeah, that's a good idea. CHAIRMAN NANCE: You want to do that? Let's do that. Let's go to comments from Commissioner Fiala. COMMISSIONER FIALA: Well, I don't have any comments, except I'll miss everybody and I'll see you in the fall. CHAIRMAN NANCE: Commissioner Taylor? COMMISSIONER TAYLOR: Well, I just have a couple of comments. As you know, I'm on the Blue Zone Steering Committee and I'm particularly assigned to a built environment part of the Blue Zone where they look at how the county is and how the city is. And I've gotten -- their survey, they brought in a planner and he reviewed it. So I thought it would be very, very interesting for you to read his evaluation of the county. But also there is a document which is probably a sales document because they would love you to get them to model your growth. But it's about smart growth, and so for your summer reading -- CHAIRMAN NANCE: Would you be so kind as to forward that to -- can you forward this to us? COMMISSIONER HILLER: Electronically. COMMISSIONER FIALA: She's forwarding it right now. Page 200 July 7, 2015 COMMISSIONER TAYLOR: Yeah. So I thought it would be interesting for you to take a look at. And certainly not now. And I just wish my colleagues a restful and wonderful summer, and to the public too, and we'll see you in the fall. CHAIRMAN NANCE: Okay. I'd just like to bring one -- a couple topics out there. One of them of particular concern that the commissioners may not have been aware of. I've been aware of and I've been forwarding information to staff regarding this. But it seems that A. Duda and Son has made an application in Hendry County for a new regional landfill. And it has been suggested this landfill is going to be as high as 300 feet, and it has been discussed to be a possible destination for various South Florida locations including Broward and Dade County for disposal of goods in Hendry County. And that application has been made. Staff is aware of it. It has been suggested that the traffic through the town of Immokalee could be as high as 400 trucks daily. And these are very, very large trucks, these are not just little small trucks. Limitations on the contents not clearly defined. It has been requested from the Hendry County that we supply our unified response from Collier County from Planning and Zoning by July 20th, and I would like all of your support to enable staff and authorize staff to spend whatever time necessary to come up with a response to that. I would hate to see this happen to Immokalee prior to this loop road being constructed. You know, if you have a loop road that would allow heavy traffic like that, that's one thing. But to have 400 huge garbage trucks coming from Broward and Dade County every day through a street that Secretary Hattaway has suggested might better be designed as a complete street and traveling across a street that's produced a very, very high incidence of injury to pedestrians and bicyclists I think is unconscionable. A. Duda and Sons is the Page 201 July 7, 2015 applicant. This application by A. Duda and Sons has created an inter-agribusiness fight between landowners out there with -- large adjacent landowners like King Ranch in very, very serious opposition to this. But I don't know that it's within our ability, because it is taking place on state roads, to really significantly impact its approval. I am personally going to speak to Secretary Hattaway on this on Thursday, but I'd just like the support of the commissioners to enable the staff to do whatever they can to slow the approval of this down and make sure that everybody receives our comments on this. I think it's a tragedy in the making. COMMISSIONER HILLER: I'd like to comment on it. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes, I hope Secretary Hattaway is still coming down. He canceled his appointment with me. CHAIRMAN NANCE: Oh, did he? Well, maybe he's done that COMMISSIONER FIALA: He said something about he's getting back from Bartow too late or something like that. But just maybe he'll CHAIRMAN NANCE: Is he scheduled to see you on Thursday, ma'am? COMMISSIONER FIALA: I think it was Thursday. CHAIRMAN NANCE: All right, we'll check. COMMISSIONER FIALA: I just know he was scheduled to be there and he had to cancel and didn't rebook. And I totally agree, because you've got a walking community there. You've got people who only have bikes or walking, and this could be very dangerous to them. Now, I don't know how long it takes, what, 10 years to approve a landfill? But how far along are they in the process? If they're in the ninth year -- Page 202 July 7, 2015 CHAIRMAN NANCE: I think it's a recent application for zoning approval in Hendry County and I think you can get things approved in Hendry County pretty quick. COMMISSIONER FIALA: Oh, I see. CHAIRMAN NANCE: But, you know, I mean, the critique of this up in Hendry County with adjacent landowners has not been, as you might expect, concerning Immokalee, it's concerning the agribusiness interest. People don't want to see a 300-foot mountain next to their property. They don't want to see the birds associated oftentimes with landfills because all of their citrus out there is sprayed by air. And the crop dusters are not happy about flying through big flocks of birds, as you might imagine. COMMISSIONER FIALA: And probably they won't take care of a landfill like we do. We have one of the cleanest landfills around. And if you don't take care of it the way we do -- and it cost extra money to do that, that's why our landfill is visited by so many, because of the condition that it's in. And if it isn't, your landowners will even have more of a problem. COMMISSIONER HILLER: You have the odor, you have the birds, you have so many issues. The traffic. CHAIRMAN NANCE: Yes, so -- COMMISSIONER HILLER: Go ahead. CHAIRMAN NANCE: So there's every reason to have a response. And I'm just looking for nods, you know, to staff to let them go ahead and do what they can do and advise us of what it is, what sort of action we might need to take if any. COMMISSIONER TAYLOR: As strong a response as we're legally allowed to do. Immokalee has a Main Street and that Main Street needs to be preserved and not as a truck thoroughfare. CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I've heard from a number of Page 203 July 7, 2015 community members, and there's a great deal of concern and opposition, and I think we need to do exactly what Commissioner Nance says and that is we need to prepare the appropriate response as members of, you know, the overall region, that locating it there in that fashion would create a problem for us as a neighbor. We would directly be affected adversely. So yeah, let's go ahead and we've got our nods. CHAIRMAN NANCE: Commissioner Taylor, any further comments? COMMISSIONER TAYLOR: Yeah, just it's almost -- this is kind of a flag going up in the air. So we really have to be prepared because I'm not suggesting there will be two land facilities in Hendry County, but the space is running out on the east coast and they're naturally going to look to the west. So I think we need to be very strong in our response. CHAIRMAN NANCE: All right. Mr. Ochs, if nothing further, sir, I suppose, and commission members, that we are going to be in recess until 5:05? MR. OCHS: Yes, sir. CHAIRMAN NANCE: Is that the correct -- COMMISSIONER HILLER: By the way, this Blue Zone analysis is in -- CHAIRMAN NANCE: Let's call us in recess until 5:05. (Recess.) MR. OCHS: Mr. Chairman, you have a live mike. CHAIRMAN NANCE: Ladies and gentlemen, welcome to the continuing meeting of July 7th. And this is the evening session of the Board of County Commissioners. I would ask you and remind you, for us to have an orderly meeting, please turn off all cell phones, pager, audible alarms, or other noise-making devices that might remain in your pockets after the 4th Page 204 July 7, 2015 so we can have an organized meeting. We are going to consider several items this evening. And I guess we're going to begin with Item 9C; is that right, Mr. Ochs? Item #9C ORDINANCE 2015-45: 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 COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION FIVE, EFFECTIVE DATE — ADOPTED MR. OCHS: That's correct, Mr. Chairman. Page 205 July 7, 2015 And Item 9C is, in fact, the adoption of amendments to the Land Development Code, more specifically amending Chapter 2, the zoning districts and uses, including Section 2.03.09, open space zoning districts, to add golf maintenance buildings as a necessary accessory use within the golf course zoning district. And Ms. Caroline Cilek will take you through the process. MS. CILEK: Good evening, Commissioners. This is the second reading of this LDC amendment, and it is, indeed, changing an accessory use, which requires two hearings. There have been no changes since you last reviewed it, and I'm seeking your approval. COMMISSIONER HENNING: Motion to approve. COMMISSIONER FIALA: Second. COMMISSIONER TAYLOR: Second. CHAIRMAN NANCE: There's a motion to approve by Commissioner Henning and a second by Commissioner Fiala and Commissioner Taylor. Is there any discussion on this item? I think it's fairly uncontroversial. (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: All right. It passes unanimously. MS. CILEK: Thank you. Page 206 July 7, 2015 Item #9D ORDINANCE 2015-46: 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; 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 — ADOPTED WITH ADDITIONAL LANGUAGE MR. OCHS: Mr. Chairman, that takes us to Item 9D on the agenda this evening. This is also an amendment to the Land Development Code amending Chapter 1, general provisions, including Section 1.08.02, definitions; Chapter 5, supplemental standards, including Section 5.05.05, automobile service stations, more specifically, to establish site design standards for facilities with fuel pumps, architectural and site design standards, car washes in adjacent Page 207 July 7, 2015 residential zoning districts. Ms. Cilek? MS. CILEK: Thank you. Yes. I'm here today to present the revisions to this LDC amendment in LDC Section 5.05.05. This will be the second hearing, and I will also be seeking your recommendations to move forward. CHAIRMAN NANCE: Ms. Cilek, let me make one comment for everybody that's here. I trust that a number of you are here because of the second hearing on this item. This item does take four votes in the affirmative for passage, but I will also remind you that this item does not pertain to the RaceTrac application on Palm Street and U.S. 41. This is site design standards and supplemental standards that will be for all applications going forward. And so any comments that you have on the record should pertain to this item and not to the specific application on U.S. 41 and Palm Street. Thank you. MS. CILEK: Thank you. As directed at the last meeting, the conditional-use provision has been removed, and enhanced site standards such as requiring consistent architectural theme, canopy standards, and lighting standards will be required for all gas stations. These site standards will further be enhanced when the facilities are located within 250 feet of residential property. Staff recommends using this distance method in lieu of the terms "abutting" or "adjacent" because it can be applied more consistently throughout various development scenarios; however, to address common situations, two exceptions have been included in this amendment. These originate from the conditional-use process reviewed at the last hearing. It's important to note that these exceptions still will require the site design standards for all gas stations, which are identified in LDC Page 208 July 7, 2015 Section 5.05.05.C, but they will not be required to provide the supplemental standards established in 5.05.05.D. The first exception, which was generated at the Planning Commission meeting with assistance from public speakers, applies when a gas station is separated by at least a 100-foot preserve with 80 percent opacity and is at least 12 feet in height within one year. The second exception would occur when a gas station is separated from residential property by a four-lane arterial or collector right-of-way. As noted on the slide, the supplemental standards will not be required. But, again, the standards for all gas stations would be required. As with all cold (sic) language, there will be situations when meeting all of the site standards at either level may not be possible. For example, in a redevelopment scenario. In these situations, an applicant may seek relief through a public hearing process. This could be through a planned unit development, a planned unit development amendment, applying for a variance if there's a land-use hardship, or if it is, indeed, a redevelopment situation, then the site plans for redevelopment -- or site plan with definitions for redevelopment. Each of these requires a public hearing process which will evaluate the requested relief and will require specific public notice to surrounding neighbors. Following the review and recommendations today, staff will be preparing additional site design standards for facilities with fuel pumps that have 16 or more fuel pumps that are within 250 feet of residential property during the next Land Development Code amendment cycle which will occur this fall. And it was included in the list of prioritized amendments that you approved just a few hours ago. That concludes my presentation, and I'm happy to answer any questions that you may have. CHAIRMAN NANCE: Questions or comments from the Board? Page 209 July 7, 2015 Commissioner Taylor? COMMISSIONER TAYLOR: Thank you very much for this. And, indeed, I think you responded to the Commissions' and the concerns that were expressed here; however, there doesn't seem to be a caution for deliveries that would be adjacent to residential or at a certain time, meaning they -- people -- trucks could come in and make deliveries at all hours of the night whether it's on the back, with residential side. And I'm going to pass this out to my colleagues here, and I'm assuming you have a copy of this, right? MS. CILEK: I do. I believe so. COMMISSIONER TAYLOR: And this was -- I brought this to our Hearing Examiner's attention, and he developed this language. And we can see if this is something that we would agree to. And basically it says that deliveries shall be prohibited between the hours of 10 p.m. and 7 a.m. when located between the neighboring residential property and the facility with fuel pumps. So, basically, if the deliveries are on the front of the building, it's 24-hour delivery, whatever they want. But if it's on the back and it's adjacent to neighboring or it's on the side that's adjacent to neighboring, they would be prohibited in the nighttime hours. MS. CILEK: And this is something that we did see in the guidelines or guidebooks regarding gas stations, and we had discussed it among staff in earlier conversations, so we're happy to move forward with this language if it pleases the Board. COMMISSIONER TAYLOR: Okay. And that's it. Thank you. That's all I have. COMMISSIONER HENNING: I think that's worthy of putting in this amendment. COMMISSIONER TAYLOR: All right, great. MS. CILEK: And it's just the highlighted language that would be added. The un-highlighted language already exists in the amendment Page 210 July 7, 2015 as it is. COMMISSIONER TAYLOR: Do we need a motion to add it, or do we hear from public comment and then make the motion later, or how do we -- do we need a motion to add it? COMMISSIONER HENNING: Motion later. CHAIRMAN NANCE: Make a motion later. COMMISSIONER TAYLOR: Okay. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: Yes. I think that that's an excellent idea, because I've been worried about -- because the delivery trucks, especially with these giant gas stations, they have breakfast in the morning, so they have to deliver during the night, and that beep, beep, beep, beep, beep will, you know -- people would have trouble sleeping. But I think if it's in the front, there's enough to absorb some of that sound that gives them a better -- a better possibility of having some quietness. And, too, with all of the new rules that are placed in this, there's going to be some walls and things to protect them as well, and I think that that's very important, too. Right now there isn't that provision, and so I think those are good. I would still love to see -- instead of 16 fuel pumps, I'd like to see eight. That would be my preference. But other than that, I think that it's a lot better than what it was; not as great as it should be. That's all. MS. CILEK: Thank you. CHAIRMAN NANCE: Comments? (No response.) CHAIRMAN NANCE: Would you like to hear from the -- Commissioner Taylor? COMMISSIONER TAYLOR: Just -- I didn't know if there -- I'm listening to you, Commissioner Fiala. I wonder if there's any shared sentiment up here to maybe changing that number of pumps and Page 211 July 7, 2015 reducing it? Maybe not to eight; maybe to 12. COMMISSIONER HILLER: That's the majority of pumps. That goes back to the issue of the map that, you know, the -- COMMISSIONER FIALA: Talk into your microphone. COMMISSIONER HILLER: Sorry, sorry. That goes to the majority of all pumps then. Then it wouldn't even make sense to have two tiers because the majority of all the new stations are, like, the higher number. CHAIRMAN NANCE: Sixteen. COMMISSIONER HILLER: So what we're protecting is against the larger, because that's where the propensity is. I mean, we're not going to have a lot of pump stations. We're not going to have a lot of stations that have 12 or eight pumps, you know. COMMISSIONER FIALA: You mean everything's going to be monster now? COMMISSIONER HILLER: That seems to be the trend, if you look at it. COMMISSIONER FIALA: Well, it's happening in my area. COMMISSIONER HILLER: Right. That's why we want to bolster the standards against the larger stations because the likelihood of the smaller stations just -- COMMISSIONER TAYLOR: So 16, you think, is small? COMMISSIONER HILLER: Oh, yeah, because most of the stations -- I mean, they're inching, you know, up to 16, 18, 20. COMMISSIONER FIALA: No, they're inching up to 24. COMMISSIONER HILLER: Right. Well, 24 being the biggest. COMMISSIONER FIALA: Yes. And that's what we've got, 20, 22, and 24 in my area. COMMISSIONER HILLER: And that's why we have the enhanced supplemental standards. CHAIRMAN NANCE: I think also, realistically, if somebody's Page 212 July 7, 2015 going to put in a facility that's a large facility then they have the ability to be required to have additional standards. You know, they've got the economic strength to do that. If you're talking about somebody that's got six pumps, I don't think they're going to be able to -- COMMISSIONER HILLER: Financially. CHAIRMAN NANCE: I don't think they'll be able to financially qualify with even what we've outlined, because what we've outlined here is really extensive. I mean, I don't -- I think this is going to be -- you know, this is going to be the most aggressive standard that I think you'll find anywhere. I'll be surprised if you'll ever encounter anything that's as extensive and complete as what staff has generated. COMMISSIONER TAYLOR: Okay. So the intention is 16 pumps and above we're going to look at -- CHAIRMAN NANCE: We're going to try to look and see if there's other things that we can do to mitigate further. COMMISSIONER TAYLOR: Well, what happens if in the summertime stations come in with 24 pumps? They're not -- they're not going to be under that new regulation. CHAIRMAN NANCE: Probably not, ma'am. But, I mean, this is -- in my view this is extensive. I don't know if the Commission shares my view. I think this is about as -- you know, I'm anxious to see what staff comes up with to enhance this, because this is really very, very aggressive as far as buffers and requirements and lighting. I mean, I think it's going to be -- I think it's going to meet everybody's approval. If not, I'll be really surprised. COMMISSIONER TAYLOR: And there's no way we can put out some kind of caveat that if you're coming forward with a 24-pump COMMISSIONER FIALA: They have to come before us, then, if they're coming for 24-pump. CHAIRMAN NANCE: They're -- staff is going to come back Page 213 July 7, 2015 with -- you know, they're working on this right now to come back, and I think they'll advise us. COMMISSIONER HILLER: They're coming back with a supplemental standard to make it -- to put in even more buffering and more restrictive requirements over 16. But what we've done is we've adopted already very strict standards for everything. CHAIRMAN NANCE: Going forward. COMMISSIONER FIALA: Okay. You've made a good point. Let me ask a question about that. I'll stop you right there. Because I thought everything over 16 would then have to come in for approval. That is not true? COMMISSIONER HILLER: No. MR. CASALANGUIDA: No, ma'am. MS. CILEK: It would be administratively approved through the standard Site Development Plan process. And they will abide by, if adopted today, these standards, which are two levels. One that applies to all gas stations and the other that applies to those that are very near to residential property. COMMISSIONER HILLER: Well, what we have is we've bolstered the standards for everything that's close to a residential neighborhood regardless of the number of pumps. So we're -- we have two standards. One for everybody that we've made stricter than it was, and then the second standard is for anything that's close to a residential neighborhood is even stricter regardless of the number of pumps. And then what we're going to come back and do is, regardless of where anything is, if you have 16 or more, we're going to even make it stricter for the 16 and more. But we've already -- we've already -- we're already protecting -- COMMISSIONER FIALA: So these only apply to 16 and above? COMMISSIONER HILLER: No. This applies to everything, Page 214 July 7, 2015 everything. But we have enhanced standards for everything that's next to residential, like, in addition. So we've got this -- we used to be here (indicating), now we're here for everything, and then we're here for next to residential. CHAIRMAN NANCE: Next to residential. MS. CILEK: Correct. COMMISSIONER FIALA: What I'm thinking of is -- now, I realize this doesn't work with Palm Avenue -- or Palm Street because they're with the older rules yet, right, but now with -- like Manatee Road, and the old rules still applied, but they were building a 20-pump gas station there flat up against mobile home parks, 55-and-older mobile home park. Well, there's no sleeping for those people from there on in. And I was complaining to Mark Strain about it because they didn't even have to come before us. We couldn't ask them to do anything because they didn't have to do a thing. And I said, Mark, I need you to come with me and take a ride, and he did. He didn't have to do that, but he did. And I told him what it looked like. Well, when he got there, he said, oh, my gosh. It's right in their backyard. I said, that's what I'm telling you. And I said, and see all those trees there? They're all Melaleuca. They have to come down. And they only have a requirement to build a 4-foot. Well, a 4-foot wall is going to do nothing to protect those people. So Mark -- and I have to say this was a great thing. Mark said, they're coming in to see some sign variations. Maybe I can work with them. And so then he -- we talked about what would be the most important things to protect those people. And an 8-foot wall would work as long as it had trees on both sides, and I assist -- excuse me. So I insisted on trees on both sides as well to help buffer that. And then Mark even threw in a buffer along the front end, and that was Page 215 July 7, 2015 fine, too. So that was able to appease them, but at least we could talk about it because they needed something. I just want to make sure that, you know, because -- I think it's because it was forced down our throats, it's tougher for me to -- because I want to make sure we're protecting the neighborhoods. Everybody that lives in a home now doesn't want that to be in their yard. And people -- Mark was saying something like, well, everybody should check to see what zoning is by them. I don't know of many people that do that. Maybe there's some people smart enough to do that. I sure wasn't. I mean, I just bought a home. And I'm trying to protect those people that don't know to check their zoning first, because who would think that there would be a monster station? They didn't think that 20 years ago, even 10. MS. CILEK: Let me share two things with you. Staff has done a lot of extensive research to make these standards very comprehensive and so that -- so that they will provide the utmost compatibility with regards to site standards and being near residential property. So in the future, these being applied to that situation will greatly enhance, you know, the gas station that would be proposed near a mobile home park. COMMISSIONER HILLER: Can I just clarify, like, isn't, for example, the wall next to residential for the situation that Commissioner Fiala is describing 12 feet now? MS. CILEK: If I may, it is on Page 7 under 5.05.05.D, and it is actually eight feet in height but it's on a 3-foot berm. COMMISSIONER HILLER: So that's 11 feet. MS. CILEK: That is 11 feet. COMMISSIONER HILLER: So they would have 11 feet. COMMISSIONER FIALA: Well, I know that now. CHAIRMAN NANCE: Commissioner Fiala, a lot of the things that you spoke to with the Planning Commission chairman have been Page 216 July 7, 2015 incorporated into this for all. COMMISSIONER FIALA: Yes, I understand that. CHAIRMAN NANCE: So, I mean, this whole thing has been raised to a whole 'nother level -- COMMISSIONER FIALA: Right, and I think -- CHAIRMAN NANCE: -- and then those next to residential are, you know -- COMMISSIONER FIALA: I think that helped to open his eyes as well when he saw the difference it made. Because we went back then with Hitching Post and did the same thing. CHAIRMAN NANCE: Right. Well, this is a combined product of all those efforts. So, I mean, I'm personally very delighted that we're at this point because this is about -- I think this is about as good as we can reasonably put together. COMMISSIONER FIALA: Until we find the next thing, but then we can go back and change it again, and that's the only thing -- CHAIRMAN NANCE: Right. COMMISSIONER HILLER: Always. COMMISSIONER FIALA: -- that gives me a little bit -- MS. CILEK: We'll be back. COMMISSIONER FIALA: -- of comfort is that -- CHAIRMAN NANCE: They're going to look further. COMMISSIONER FIALA: Because as soon as it's done, you're going to find something else. MS. CILEK: We'll be back. COMMISSIONER FIALA: But then we can bring it back. MS. CILEK: And just to relate information to Commissioner Taylor's comments about the number of pumps, we will bring the research back that shows, on average, you know, what applications are coming in, what number of fuel pumps for you as well. COMMISSIONER TAYLOR: But my concern is between now Page 217 July 7, 2015 and when you bring it back -- MS. CILEK: That is true. COMMISSIONER TAYLOR: -- the stations -- that wonderful direction that Commissioner Nance authored, Chairman Nance authored at our last meeting is negligible, because once we pass this, those 16 pumps and above, they're under stricter standards, but they're not under what we envision going forward. And short of-- I don't know how you remedy that. CHAIRMAN NANCE: Ma'am, I don't know -- frankly, I don't know -- you know, I left this open for staff who are very thoughtful to come up with additional standards. Unless you just want to make the buffers thicker and wider, whatever, I don't know what you're going to come up with, because this is about as comprehensive a program as you could possibly require for every applicant. In addition, I honestly don't know any applicants that we've had coming forward that haven't made an effort to work with the community, even within their requirements to meet special circumstances. I mean, look at what has happened even on some of the other applications. People have gone in and we said, hey, well, you know, we've got this special circumstance, this particular layout of this property; what can we do? And people have also come up and worked with us to do that. So I just think we've raised this so high. I believe if we get it too, too high, you know, I believe we're going to be challenged as to whether we're really realistic as what we're asking for and acceptable in the community at all -- COMMISSIONER TAYLOR: -- well. CHAIRMAN NANCE: -- because, I don't -- you know, I hope you've reviewed this. This is extensive. It really is. MS. CILEK: And we'll use our time wisely to provide you additional standards. Page 218 July 7, 2015 Any other comments on the amendment? CHAIRMAN NANCE: Commissioner Hiller? COMMISSIONER HILLER: I think what needs to give us comfort in the interim period is that no matter how many pumps, anything close to a residential area we have really jacked up. I mean, we have jacked up standards to really protect the residential neighborhoods which to me is the greatest concern. I'm -- yes, I am concerned about the impact of, you know, one of these pump stations, you know, in a commercial zone, but I'm more concerned about the impact of the station relative to a residential area and, with respect to that, we have gotten very aggressive, and no matter how many pumps. I mean, whether it's 8, 12, 16, 24, I don't care. I mean, for residential it's very tough. You can go over them again. CHAIRMAN NANCE: I predict that it's basically going to exclude the small stations altogether. COMMISSIONER HILLER: I think so. CHAIRMAN NANCE: Because I don't think they're going to be able to afford it. Commissioner Henning or Commissioner Taylor, additional comments before we hear from the public speakers? Commissioner Henning? COMMISSIONER HENNING: No. CHAIRMAN NANCE: Mr. Miller? Mr. Chairman, we have six registered public speakers on this item. The first speaker is Vern Hammett. He'll be followed by Bruce Anderson. MR. HAMMETT: Good evening. My name is Vern Hammett. I'm a Collier citizen. As you can imagine, I'm disappointed that the conditional-use provision of the LDC amendment was removed during the previous Page 219 July 7, 2015 BCC meeting. One argument for the removal of this language was the concern from some on this commission that the conditional-use portion was not legal. My question is, then, why was the County Attorney not asked his opinion? I assume that he reviewed this language and could make a reasonable assessment as to its defensibility. Also, it was articulated effectively during previous commissioner dialogue that the conditional-use process would allow for a closer examination of proposed mega-station development when located close to residential property. I can think of specific examples where this closer examination is incredibly important. Older communities were never laid out by our former planners in a manner to consider mega gas stations because this concept didn't exist at the time. This is a new entity. And in circumstances of new residential development, particularly PUDs, it certainly makes less sense for conditional use because mega-station location could be considered at conception. Finally, I'm still of the opinion that the health and welfare issues associated with living in close proximity to large service stations should be closely examined, and I'm concerned that this commission doesn't seem to share that sentiment. In closing, I'd like to know why the County Attorney was not queried when the legality of the previous draft was questioned, and I'm asking you to reconsider the conditional-use process, keeping in mind that it will provide the ability to take a closer look at mega-stations' developments when located next to our older, well-established residential areas. And we're talking about 16 pumps. Maybe the 16 pumps -- until we can get the new language for stricter criteria, maybe 16 or above between now and then should be conditional use until we can get that criteria in place. Page 220 July 7, 2015 Thank you. CHAIRMAN NANCE: Thank you. MR. MILLER: Your next speaker is Bruce Anderson. He'll be followed by Robert Pritt. MR. ANDERSON: I'm waiving. MR. MILLER: Robert Pritt, and he will be followed by Rick Baer. MR. PRITT: Thank you. Mr. Chairman, members of the Commission, my name is Robert Pritt. I'm an attorney with Roetzel & Andress. I'm here on behalf of American Commercial Realty and Naples South Plaza that's located at Tamiami Trail East and Rattlesnake Hammock Road in District 1. I did speak at the first hearing. On behalf of my clients, we have a tremendous opportunity to redevelop this constrained plaza by tearing down about 15,000 square feet of tired and mostly empty commercial areas and replacing it with a facility with fuel pumps, what I always thought was a service station, and a convenience store of about 6,000 square feet plus the fuel pumps. Successful development of this plaza is largely contingent upon being able to develop this service station facility. The problem that we have and still remains is the measurement for the separation from property -- being currently from property line to property line. I did put up on the visualizer -- and, unfortunately, the red does not show up very well. But I showed you what the plaza looks like. And, essentially, the edge of the back, that yellow building there -- if you look at yellow building and the orange building on your screens there, the yellow building would be the back of the proposed convenience store, and the orange building is the building that is the closest residential property. In fact, they kind of both go away from each other rather than Page 221 July 7, 2015 toward each other. So this is not that type of a situation where they're always up against each other or going to be that closely -- close to each other. The pumps -- I don't know if you can see that in the visualizer, but I'll put my finger on it here. The pumps are way out here on Tamiami Trail East about as far away from that orange building as you possibly can get. The way that the ordinance is -- the draft is written, it would seem that we miss it by just a few feet. If we go -- if we went from the edge of the back of the store to the edge of the property line, it's about 205 feet. The edge of the back of the store to the closest edge of that multifamily structure is about 280 feet, the edge of the fuel pump canopy to the property line is about 300 feet, and the edge of the fuel pump canopy to the closest edge of the multifamily structure is 375 feet. So, in fact, they're quite a ways away. I was encouraged to hear staff say that site plans with deviations are still a possibility, but we're really -- this is one of those situations where the ordinance does not quite take into consideration the factors here, and this is an example of one of those situations where no matter how you visualize it, it's not really up against anything, but it could be thrown in with -- not be able to have the exception that's afforded. I've learned that over the years if you're going to object or say that there's a problem, you ought to come up with a solution, so here's my solution. My solution is to read up and down the paper. Oh, no. That's it right there. Essentially what this would be would be simply to add a No. 2 to the exception in 5.05.05.D. You already have the exception -- the yellow highlighting would be the change. You already have the language that you see that is 5.05.D (sic), and then just add something that would say "or to the fuel pump structures are separated from Page 222 July 7, 2015 existing residential property by a minimum of 250 feet, and the store structure is separated from existing residential property by a minimum of 200 feet." I thought about three or four different ways of accomplishing a similar result, but that would -- to me to would be the best way to take this problem that we would continue to have and take it away. I'll be glad to try to answer any questions you have. Mr. Baer is going to speak also. CHAIRMAN NANCE: Commissioner Henning? COMMISSIONER HENNING: Yeah. Take that language off. I think I have another solution. MR. PRITT: Okay. COMMISSIONER HENNING: Take that white paper off the viewer. It's a site design problem, okay. If you take your product and move it towards or into the parking lot and replace the parking next to the retail buildings or, you know, somewhere else where it can be utilized, you solve the problem. You'll get the separation distance. I mean, that's similar to asking the Board to move the residential away from your commercial. Just move the commercial within the project away from residential. It solves your problem. MR. PRITT: I won't even argue with that. The only problem is, is this is already -- this has already been built; the buildings are what they are. We're tearing down a lot of the buildings to move it as far away as we possibly can. COMMISSIONER HENNING: You're redeveloping, like you said. So you're redoing the whole site out of it. So redo the parking lot. Move your building in the parking lot away from the residential, and we could keep the language the way it is. That's my solution. MR. PRITT: I understand. COMMISSIONER TAYLOR: I like it. Page 223 July 7, 2015 MR. PRITT: Anything else? COMMISSIONER FIALA: I think that would work. What do you think, Bob? MR. PRITT: Well, the whole thing -- I don't want to keep throwing out problems, but the problem is, is that the whole plaza is one -- is one unit. And try as we might, that plaza is going to be -- COMMISSIONER HENNING: Site plan deviation. MR. PRITT: -- there where it is. I'm sorry? COMMISSIONER HENNING: Site plan deviation. MR. PRITT: Well, I was encouraged to hear that from the staff, and I would be encouraged to hear that from the Board. COMMISSIONER HENNING: Not closer to the residents, you know. Move your building into the parking lot. MR. PRITT: I understand. COMMISSIONER HENNING: That's your deviation. COMMISSIONER FIALA: And going along with what Commissioner Henning just said, you're tearing down that building in the front, too, that old dress shop that became a general -- or Dollar General or something. You're tearing that down, and you're tearing down half the shopping center, right? MR. PRITT: Let me have Rick Baer tell you what they propose to tear down. It is actually the wing that is on that -- on the east side, the northeast side there, and that would be what would be used for that. So when he gets to speak, he'll explain that to you. COMMISSIONER FIALA: Okay, great. MR. PRITT: I think. Okay. MR. MILLER: Mr. Chairman, Mr. Baer is your next registered speaker. CHAIRMAN NANCE: Sir. MR. MILLER: And he will be followed by Tom Hardy. MR. BAER: Mr. Chairman, ladies and gentlemen, my name is Page 224 July 7, 2015 Rick Baer. Thank you for the opportunity to speak before you this evening. First, before I try to answer some of the very good questions, I want to commend the Commission and the staff for the continuing efforts which are constantly made in Naples and Collier County to make it one of the best places in America to live. And that's just what attracted my associates and I to acquire this property some time ago, and it's why we have hung on with it through some rather difficult economic times, particularly with this property. When it was acquired, it was anchored by a Winn Dixie, and it was predicated upon an entire redevelopment with a redevelopment that was going to take place of the Winn Dixie store. Unfortunately, they went bankrupt and shut the store shortly thereafter, and it's been a collection of struggles and various things over time. We proved the validity to the Wynn family of operating one of their Sunshine Ace facilities on the East Trail, and then they relocated into their own land. So once again, working towards redevelopment. So looking -- oh, where's -- Bob, can you bring your drawing back, put it there? MR. OCHS: There you go. MR. BAER: Oh, look; miraculously. MR. OCHS: Do you want to work off this microphone? MR. BAER: Testing, okay. So the redevelopment which is contemplated right now only involves this area here. This is the 15,000-square-foot building which is close to 41 that goes back which has substantial vacancy. The other buildings on the shopping center are not anticipated at the present time for change, though we are hoping that this will be an impetus for further redevelopment of all of the property. We are currently under construction at the shopping center to bring in a new Sears appliance facility to the property, and that ties in Page 225 July 7, 2015 with the point relative to revision of the parking lot, because we do have a number of regional and national merchants which are a part of the main part of the shopping center which would remain, Sears, Dollar General, and Anthony's in particular, all of which have legal rights that go for another 20 to 30 years that constrain movement of the driveways. So it would be rather difficult if not impossible to move that building substantially. So the one point that I would make, because I believe in the separation between the fuel service areas and residential, is that the principal concept of separating fuel service from residential should be measured. If it's building to building, then you're going from the nearest point of where, ultimately, the convenience store building goes to the nearest residential building or, if it's from the fuel pump, that you measure from the closest point of the area servicing the fuel pumps to the property line and that additional buffers and such, per the regulations that you've set out, can be provided, and that would be our intent to provide them in the best possible way while still keeping the property viable, because the majority of it does have to stay; otherwise, it would be financial Armageddon. So that would be my main point, and that's what I encourage you to consider, and I thank you for the opportunity. I'll be pleased to answer any questions that I can. CHAIRMAN NANCE: Yeah. I would like to make one comment, then I'm going to go to Commissioner Fiala. Sir, honestly I will tell you, it was very clearly the intent of this entire board to establish an extraordinary standard. It was requested by the community. And the only way I could find comfort and I think others on this board could find comfort and not go into a conditional-use process was to start out with a very, very aggressive standard. Furthermore, Commissioner Taylor has added a couple more this Page 226 July 7, 2015 evening related to noise that I think are appropriate. So I'm just remiss, and I think others are going to be remiss, to tell you that I'm going to start making exceptions to this. I apologize to you for that, but that's the only way that we're not going to have a conditional-use process in Collier County is if we stick to this. And I think this has been vetted in the community. It's been the subject of many meetings. It's been the product of almost a year's work by staff going over it and considering it. And I thank you -- I thank you for your comments, but I believe that these are the standards we need to adopt, and I believe that's what the community requests from us. So thank you for your comments. Commissioner Fiala? COMMISSIONER FIALA: Yes. Yeah, I don't know how long you've owned this place, but that shopping center is an embarrassment to the community. It's so run-down looking. Now, maybe you've only owned it a year or two and maybe -- you keep talking about redevelopment. You plan on getting there, although it sounds like you're going to do it piecemeal. How long have you owned it, by the way? MR. BAER: I've been involved in the ownership for quite a while, but I was out of any active management until about six months ago and put forth the plan that was bringing in Sears and now working to do the convenience store, so -- COMMISSIONER FIALA: Because that place really needs to be mowed down and redeveloped entirely, to be perfectly honest with you. And I'm sure that the new stores would love it. MR. BAER: And one thing I should have mentioned is that we have been in discussion with the residential community, which is on the far edge we're pointing out on the plan, regarding redoing the existing landscape barrier that's there and building it up in a very attractive manner for all sides. Page 227 July 7, 2015 COMMISSIONER FIALA: Well, I live right down the street, and I'll be watching it. And now I know who to call. MR. BAER: I'll give you my home and cell phone number. COMMISSIONER FIALA: Oh, and you know what? I'm not kidding. MR. BAER: Nor am I; nor am I. COMMISSIONER FIALA: I think the Wawa will be the best thing that could happen to that whole site. I would just like to see it redeveloped totally rather than leave it like it is and try and do it piecemeal by piecemeal. It's kind of like buying -- going to the dentist and saying I need a pair of false teeth and, oh, by the way, I only want one tooth at a time, you know. MR. BAER: I understand your point but, unfortunately, contractually, because of other leases which are in place, the only alternative would be to hand it to bank and let the bank redevelop it in 20 years, and then it would really be bad. COMMISSIONER FIALA: Well, there's a lot of empty ones, though, right? I mean -- MR. BAER: Well, there won't -- with what we are doing here, there would only be one or two spaces empty, all of which would likely be occupied, because we're actually not working on leasing those now. COMMISSIONER FIALA: Well, it starts about Anthony's now, and then it goes to the UPS, and then it goes -- MR. BAER: Yeah, all of that -- that's 100 percent occupied there, so we would be moving some of the existing merchants from the building which would be removed, and that's going to fill up most, if not all, of what is at the complex. COMMISSIONER FIALA: Remaining ones. Thank you. I just wanted to say I hope you -- MR. BAER: I appreciate your input. Page 228 July 7, 2015 COMMISSIONER FIALA: -- do a better job, because we're trying to improve the appearance of our community. MR. BAER: I agree completely. Thank you. MR. MILLER: Your next speaker is Tom Hardy. He'll be followed by Rich Yovanovich. MR. HARDY: I waive. MR. MILLER: And Mr. Hardy waives. Mr. Yovanovich also waives. That concludes your public speakers on this item, sir. CHAIRMAN NANCE: Thank you, Mr. Miller. Commissioner Henning? COMMISSIONER HENNING: Move to approve the amendments with the addition -- additional language that Commissioner Taylor submitted. CHAIRMAN NANCE: I will second that for discussion. COMMISSIONER TAYLOR: That's great. CHAIRMAN NANCE: Any further discussion from Commissioners? (No response.) CHAIRMAN NANCE: Comments? Commissioner Hiller? COMMISSIONER HILLER: I just want to clarify the additional wording where it says deliveries should be prohibited between the hours of 10 p.m. and 7 p.m. (sic) when located between the neighboring residential property and the facility with the fuel pumps. In other words, deliveries in the space between the -- CHAIRMAN NANCE: The building. COMMISSIONER HILLER: -- building and -- the facility and the neighborhood. MS. CILEK: Correct. COMMISSIONER HILLER: So they can have deliveries on the other side. MS. CILEK: Uh-huh. Page 229 July 7, 2015 COMMISSIONER HILLER: Yeah. That's not as well written as it should be. I understand what the intent is, but -- MS. CILEK: Well, we can take a look at it when we come back for the -- COMMISSIONER HILLER: I mean, it just -- something like -- why not deliveries made between the facility with the fuel pumps and the neighboring residential property shall be prohibited between the hours of 10 p.m. and 7 a.m.? CHAIRMAN NANCE: Or when the delivery is adjacent to the residential property. COMMISSIONER HILLER: Yeah, because all you're trying to do is describe where the delivery occurs, and you're prohibiting the delivery in that particular space. Actually, let's ask one of our reporters. That's their job. MR. CASALANGUIDA: Replace "when" with "in the area of' COMMISSIONER HILLER: What? MR. CASALANGUIDA: -- "in the area located," and you'll be fine. COMMISSIONER HILLER: We need wordsmithing. What? MS. CILEK: "In the area located" is -- COMMISSIONER HILLER: Yeah. Deliveries, you know -- or, yeah, in the area located between; yeah, that works, too. So deliveries shall be prohibited between the -- in the area between the neighboring residential property and the facility with the fuel pumps. COMMISSIONER HENNING: I'll include that in my motion, and then I'll call my motion. COMMISSIONER HILLER: That's all I have to say. CHAIRMAN NANCE: Acceptable, Commissioner Taylor? COMMISSIONER TAYLOR: Yes. CHAIRMAN NANCE: All those in favor, signify by saying aye. Page 230 July 7, 2015 COMMISSIONER TAYLOR: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN NANCE: Any opposed? (No response.) CHAIRMAN NANCE: All right. It passes unanimously. MS. CILEK: Thank you. CHAIRMAN NANCE: Thank you. Item #12A RESOLUTION 2015-149: RESCINDING RESOLUTION NO. 14- 155, AS AMENDED, RELATING TO THE "ZONING IN PROGRESS" DECLARATION WHICH PROHIBITED THE ISSUANCE OF DEVELOPMENT ORDERS FOR AUTOMOBILE SERVICE STATIONS ABUTTING RESIDENTIAL PROPERTY — ADOPTED MR. OCHS: Mr. Chairman, that takes us to a companion item, which is Item 12A under your County Attorney's report. This is a recommendation to rescind Resolution No. 14-155, as amended, relating to the zoning-in-progress declaration which prohibited the issuance of development orders for automobile service stations. COMMISSIONER HILLER: Motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN NANCE: There's a motion to approve and a second. Any comment from the Board? MR. OCHS: Mr. Klatzkow, you had two options in your Page 231 July 7, 2015 executive summary. I presume we're taking the one that you recommended per the Board's adoption. MR. KLATZKOW: Yes. This will be the one where the moratorium ends upon the effectiveness of this LDC change. COMMISSIONER HILLER: So there's no time table. CHAIRMAN NANCE: Commissioner Fiala? COMMISSIONER FIALA: If we -- if we stopped -- you know, if we lift the moratorium tonight but the rules don't go into effect, it will be simultaneous? MR. CASALANGUIDA: Simultaneous. COMMISSIONER HILLER: There will be no time gap. COMMISSIONER FIALA: Okay. All right. Thank you. I just want to make sure. CHAIRMAN NANCE: Comments? COMMISSIONER FIALA: If you said that before, I didn't hear it; I'm sorry. COMMISSIONER HILLER: Yeah. I think it's a very important point. There will be no time gap. CHAIRMAN NANCE: All right. 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: All right. That passes unanimously as well. MR. OCHS: Mr. Chairman, I believe that concludes the Board's business this evening. Page 232 July 7, 2015 CHAIRMAN NANCE: Commissioners? Commissioner Henning? COMMISSIONER HENNING: Yeah. I misspoke earlier dealing with what we read in the Naples Daily News about the Clerk suing the contractor BQ. Statutorily, the Clerk has -- he's in charge -- he's the custodian of the public's funds. And when it's reported that the public's funds were stolen, he has every right to go get those funds. And I understand there's a provision within the statutes that he can go after triple damages; is that right? Yeah. Crystal? MS. KINZEL: Yes, Commissioner. For the record, Crystal Kinzel, that's correct. COMMISSIONER HENNING: So I want to correct my mistake, misspoken mistake. CHAIRMAN NANCE: Thank you. Commissioners, any other business for the good of the county? COMMISSIONER HENNING: Motion to adjourn. COMMISSIONER FIALA: Second. CHAIRMAN NANCE: If not, we will have our next regularly scheduled meeting on September the 8th. We are adjourned, Mr. Ochs. **** Commissioner Fiala moved, seconded by Commissioner Hiller and carried 4/1 (Commissioner Henning opposed) that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 Page 233 July 7, 2015 RESOLUTION 2015-134: A RESOLUTION EXTENDING THE COLLIER COUNTY ARCHITECTURAL AND SITE DESIGN STANDARDS AD HOC COMMITTEE FOR 12 MONTHS Item #16A2 THE CHAIRMAN TO SIGN A FUNDING ASSISTANCE LETTER TO THE CONGRESSIONAL DELEGATION REQUESTING THE UNITED STATES ARMY CORPS OF ENGINEERS INCLUDE FUNDING FOR GORDON RIVER PASS DREDGING IN ITS NEXT BUDGET — SENT TO SENATORS MARCO RUBIO AND BILL NELSON AND TO CONGRESSMEN MARIO DIAZ- BALART AND CURT CLAWSON Item #16A3 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR CANWICK COVE, PL20130000849, 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 — FINAL INSPECTION WAS CONDUCTED BY ENGINEERING AND RIGHT-OF-WAY STAFF IN COORDINATION WITH PUBLIC UTILITIES ON APRIL 24, 2015 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A4 AN ACCESS IMPROVEMENT AGREEMENT WITH FIFTH THIRD BANK TO FULFILL A CONDITION OF APPROVAL Page 234 July 7, 2015 PURSUANT TO HEARING EXAMINER DECISION NO. 2015-09, CONCERNING A NEW ACCESS POINT ON THOMASSON LANE IN THE SABAL BAY MPUD, ORDINANCE NO. 05-59 — THE BANK WILL PROVIDE A PERFORMANCE GUARANTEE WITH EITHER A BOND OR LETTER OF CREDIT PER THE CONDITIONS OF APPROVAL #2 OF THE HEARING EXAMINER'S DECISION NO. 2015-09 Item #16A5 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR PIACERE AND PAVIA, PL20130002059 — FINAL INSPECTION WAS CONDUCTED BY ENGINEERING AND RIGHT-OF-WAY STAFF IN COORDINATION WITH PUBLIC UTILITIES ON SEPTEMBER 9, 2014 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A6 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR ARTESIA, PHASE 1A, PL20140001712 — FINAL INSPECTION WAS CONDUCTED BY ENGINEERING AND RIGHT-OF-WAY STAFF IN COORDINATION WITH PUBLIC UTILITIES ON OCTOBER 23, 2014 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A7 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR ARTESIA, PHASE 1B, PL20140001714 — Page 235 July 7, 2015 FINAL INSPECTION WAS CONDUCTED BY ENGINEERING STAFF IN COORDINATION WITH PUBLIC UTILITIES ON OCTOBER 23, 2014 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A8 RESOLUTION 2015-135: A RESOLUTION AMENDING EXHIBIT "A" TO RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON COUNTY MAINTAINED ROADS; TO BRING VARIOUS ROADWAYS INTO COMPLIANCE WITH THE ALLOWABLE MAXIMUM SPEED LIMITS AS IDENTIFIED IN F.S. § 316.189 AND AS REQUIRED BY COLLIER COUNTY ORDINANCE 91-25 (COLLIER COUNTY SPEED LIMIT ORDINANCE) FOR ROADWAYS LOCATED WITHIN THE LELY RESORT COMMUNITY Item #16A9 THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.095 (PL20130001140), FOR WORK ASSOCIATED WITH SANDALWOOD VILLAGE — THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKES HAVE BEEN INSPECTED BY THE DEVELOPMENT REVIEW DIVISION Item #16A10 THE CLERK OF COURTS TO RELEASE A PERFORMANCE Page 236 July 7, 2015 BOND IN THE AMOUNT OF $493,500 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.912 (PL20110002190), FOR WORK ASSOCIATED WITH SATURNIA FALLS PLAT ONE (RIVERSTONE) — THE AS- BUILT LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKES HAVE BEEN INSPECTED BY THE DEVELOPMENT REVIEW DIVISION Item #16A11 AN ALTERNATE SECURITY FOR THAT SUBDIVISION KNOWN AS HATCHER'S PRESERVE, (APPLICATION NUMBER AR-11440) ENTER INTO A CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE NEW OWNER AND TERMINATE THE EXISTING CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT — AND REPLACING THE CURRENT PERFORMANCE SECURITY WITH A CASH BOND AND ENTER INTO A NEW CONSTRUCTION MAINTENANCE AGREEMENT Item #16Al2 RESOLUTION 2015-136 (PHASE 2C — AR-7523); RESOLUTION 2015-137 (PHASE 2D — AR-7524); RESOLUTION 2015-138 (PHASE 2E — AR-7525); AND RESOLUTION 2015-139 (PHASE 2F — AR-7526): FINAL APPROVAL OF THE LANDSCAPING IMPROVEMENTS FOR THE FINAL PLATS OF REFLECTION LAKES AT NAPLES PHASES 2C (AR-7523) PHASE 2D (AR-7524), PHASE 2E (AR- 7525) AND PHASE 2F (AR-7526) AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITIES Page 237 July 7, 2015 Item #16A13 AWARD BID #15-6383 FOR GOLDEN GATE CITY VARIOUS SIDEWALK IMPROVEMENTS TO COASTAL CONCRETE PRODUCTS, LLC (PROJECT #33363) Item #16A14 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $11,500 FOR PAYMENT OF $450, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. C. GARY WILCOX AND SONJA R. WILCOX, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20140003896, RELATING TO PROPERTY LOCATED AT 2118 44TH TERRACE SW, COLLIER COUNTY, FLORIDA — FOR A CODE VIOLATION THAT CONSISTED OF BOARDED FRONT WINDOW WITHOUT A COUNTY BOARDING CERTIFICATE THAT WAS BROUGHT INTO COMPLIANCE ON FEBRUARY 9, 2015 Item #16A15 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $439,163.18 FOR PAYMENT OF $5,000, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. HERIBERTO AND ANTONIO PEREZ, CODE ENFORCEMENT BOARD CASE NO. CESD20080000222, RELATING TO PROPERTY LOCATED AT 5384 CAROLINA AVENUE, COLLIER COUNTY, FLORIDA — FOR A CODE VIOLATION THAT CONSISTED OF Page 238 July 7, 2015 IMPROVEMENTS MADE TO REAR OF STRUCTURE ON THE PROPERTY WITH OUT COUNTY PERMITS THAT WAS BROUGHT INTO COMPLIANCE ON SEPTEMBER 19, 2014 Item #16A16 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $148,112.29 FOR PAYMENT OF $3,771.23, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. PETER V. SCHRYVER, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CESD20090011040, RELATING TO PROPERTY LOCATED AT 4851 CATALINA DRIVE, COLLIER COUNTY, FLORIDA — FOR A CODE VIOLATION THAT CONSISTED OF AN UNPERMITTED SHED THAT WAS BROUGHT INTO COMPLIANCE ON DECEMBER 4, 2014 Item #16A17 RECORDING THE FINAL PLAT OF ARTESIA NAPLES, PHASE 5, (APPLICATION NUMBER PL201 50000374) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — WITHHOLD THE CERTIFICATES OF OCCUPANCY UNTIL REQUIRED IMPROVEMENT HAVE RECEIVED PRELIMINARY ACCEPTANCE AND DELAY RECORDING THE PLAT UNTIL THE SECURITY AND THE CONSTRUCTION MAINTENANCE AGREEMENT IS APPROVED AND ACCEPTED BY THE COUNTY ATTORNEY'S OFFICE Page 239 July 7, 2015 Item #16A18 RECORDING THE FINAL PLAT OF ARTESIA NAPLES, PHASE 4, (APPLICATION NUMBER PL20140002472) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — WITHHOLD THE CERTIFICATES OF OCCUPANCY UNTIL REQUIRED IMPROVEMENT HAVE RECEIVED PRELIMINARY ACCEPTANCE AND DELAY RECORDING THE PLAT UNTIL THE SECURITY AND THE CONSTRUCTION MAINTENANCE AGREEMENT IS APPROVED AND ACCEPTED BY THE COUNTY ATTORNEY'S OFFICE Item #16A19 SELECTION COMMITTEE RANKINGS AND AUTHORIZE STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH THE NUMBER ONE RANKED FIRM LAGO CONSULTING & SERVICES, LLC, FOR RFP NO. 15-6452 "MODELING SERVICES FOR SURFACE WATER AND GROUNDWATER MANAGEMENT" FOR PROTECTED PUBLIC WATER SUPPLY WELLFIELDS THAT UTILIZE THE SURFICIAL AND INTERMEDIATE AQUIFERS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A20 WAIVER OF AN OPTIONAL LOCAL PUBLIC HEARING ON A PETITION TO CORRECT THE LEGAL DESCRIPTION OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Page 240 July 7, 2015 1, FILED WITH THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION SINCE THE CDD IS OVER 1000 ACRES — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A21 A PROPOSAL FROM ATKINS NORTH AMERICA, INC. DATED JUNE 19, 2015 FOR THE DEVELOPMENT OF A COMPREHENSIVE WATERSHED IMPROVEMENT PROJECT, APPROVE A WORK ORDER UNDER CONTRACT NO. 13-6164- SS FOR A NOT-TO-EXCEED AMOUNT OF $179,897.00 AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS (PROJECT NO. 51144.3) - THE PROPOSAL INCLUDES THE USE OF AN EXCEPTIONAL TEAM OF SUB-CONSULTANTS TO SUPPORT THIS PROJECT Item #16A22 STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $17,500 FOR PARCEL 138RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V. GROVER C. WOODY, III, ET AL., CASE NO. 15-CA-199 (GOLDEN GATE BOULEVARD FROM EAST OF WILSON BOULEVARD TO 20TH STREET EAST (PROJECT NO. 60040) (FISCAL IMPACT: $17,500) — FOLIO #37221320008 Item #16A23 CHANGE ORDER NO. 1 TO WORK ORDER/PURCHASE ORDER NO. 4500157798 WITH HUMISTON & MOORE Page 241 July 7, 2015 ENGINEERS FOR COLLIER COUNTY BEACHES AND INLETS ANNUAL MONITORING FOR 2015 UNDER CONTRACT NO. 13-6164-CZ, AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE CHANGE ORDER FOR A TIME EXTENSION OF 138 DAYS, AND MAKES A FINDING THAT THIS ITEM PROMOTES TOURISM — IN ORDER TO COMPLETE SURVEYS FOR WIGGINS PASS, DOCTORS PASS AND SOUTH MARCO BEACHES Item #16B1 A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE CRA AND ANTONE C. MENDES IN THE AMOUNT OF $13,496 FOR PROPERTY LOCATED AT 2260 TAMIAMI TRAIL EAST AND WITHIN THE BAYSHORE GATEWAY TRIANGLE AREA - FOR REIMBURSEMENT OF PARKING LOT IMPROVEMENTS Item #16C1 RESOLUTION 2015-140: A RESOLUTION AND SATISFACTIONS OF LIEN FOR THE 1992, 1993, 1994, 1995, AND 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE THE COUNTY HAS RECEIVED PAYMENT IN FULL SATISFACTION OF THE LIENS. FISCAL IMPACT IS $61 TO RECORD THE SATISFACTIONS OF LIEN Item #16C2 AWARD ITB #15-6449, "MAINTENANCE REPAIR AND Page 242 July 7, 2015 OPERATIONS PARTS AND EQUIPMENT" TO W. W. GRAINGER, INC., AS PRIMARY, AND SUNSHINE ACE HARDWARE, INC., AS SECONDARY FOR COMMODITY BASED PURCHASES THAT INCLUDE MAINTENANCE REPAIR AND OPERATIONS PRODUCTS OF INDUSTRIAL EQUIPMENT, MAINTENANCE SUPPLIES, TOOLS, INVENTORY ITEMS AND WORK ORDER REPAIRS — THIS AWARD IS PURCHASE ORDER DRIVEN AND PURCHASES WILL BE MADE USING A PURCHASE ORDER OR PROCUREMENT CARD Item #16C3 SATISFACTION FOR A CERTAIN NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES. FISCAL IMPACT IS $18.50 TO RECORD THE SATISFACTION OF LIEN — FOLIO #81620560004 Item #16C4 SELECTION COMMITTEE RANKINGS AND ENTER INTO NEGOTIATIONS FOR A CONTRACT FOR REQUEST FOR PROPOSAL NO. 15-6450, "NAPLES PARK INFRASTRUCTURE IMPROVEMENTS," PROJECT NUMBERS 60139, 70043, 70044 AND 71010, WITH Q. GRADY MINOR & ASSOCIATES — THE OTHER FIRMS THAT BID INCLUDE JOHNSON ENGINEERING, AGNOLI BARBER & BRUNDAGE, BARRACO & ASSOCIATES AND WESTON & SAMPSON Item #16C5 Page 243 July 7, 2015 A LICENSING AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY TO ALLOW THE INSTALLATION OF A LIGHTNING PREDICTION AND WARNING SYSTEM ON THE PUMP STATION 309 BUILDING LOCATED ON THE CAMPUS OF EAST NAPLES MIDDLE SCHOOL — THE SCHOOL'S CONTRACTOR WILL INSTALL MAINTAIN AND REPAIR THE WARNING SYSTEM Item #16C6 CONTRACT #14-6345, "CONSTRUCTION, ENGINEERING, AND INSPECTION SERVICES FOR THE WASTEWATER BASIN PROGRAM," PROJECT NUMBERS 71010, 70043, 70044, 70046, 70050, AND 70051, WITH THREE FIRMS: AECOM TECHNICAL SERVICES, INC., STANTEC CONSULTING SERVICES, INC., AND HOLE MONTES, INC. — ANY PURCHASE ORDER FOR CEI RELATED SERVICES IN EXCESS OF $200,000 WILL REQUIRE A FUTURE SEPARATE BOARD APPROVAL Item #16C7 A BUDGET AMENDMENT IN THE AMOUNT OF $93,000 TRANSFERRING FUNDS BETWEEN COST CENTERS AND LINE ITEMS WITHIN THE COLLIER COUNTY WATER- SEWER DISTRICT OPERATING FUND (408) TO COVER COSTS FOR UNANTICIPATED INCREASES IN BANK FEES AND CONTRACTUAL SERVICES — FOR CREDIT CARD PAYMENT PROCESSING AND CONTRACTUAL SERVICES FOR HOSTING A PAYMENT CARD INDUSTRY, COMPLIANT Page 244 July 7, 2015 INTERACTIVE VOICE RECOGNITION SYSTEM, WEB PAYMENTS AND OUTBOUND CUSTOMER COURTESY CALLS Item #16D1 A NO COST MODIFICATION NO. 13 TO A DISASTER RECOVERY INITIATIVE GRANT AGREEMENT FOR THE COLORADO AVENUE STORM WATER PROJECT WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY — TO REVISE THE PROGRAM BUDGET TO REALLOCATE ACTIVITY FUNDS WITHIN A SERVICE AREA Item #16D2 AWARD INVITATION TO BID NO. 15-6463 TO CONSTRUCT COMPANY, INC. IN THE AMOUNT OF $225,800, FOR CONSTRUCTION OF THE "TIGERTAIL BEACH OBSERVATION TOWER," APPROVE THE NECESSARY BUDGET AMENDMENT, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — PROVIDING THE PUBLIC WITH A HANDICAP ACCESSIBLE TOWER TO ENJOY THE UNIQUE HABITAT Item #16D3 AN AFTER-THE-FACT AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE OLDER AMERICANS ACT PROGRAM TITLE III PROGRAMS AND BUDGET AMENDMENTS TO REFLECT AN INCREASE IN GRANT Page 245 July 7, 2015 FUNDING (NET FISCAL IMPACT $16,309) — AN AFTER-THE- FACT APPROVAL TO RECOGNIZE AN INCREASE AND A 10% MATCH REQUIREMENT Item #16D4 AN EXTENSION OF THE EXPENDITURE DEADLINE ON FISCAL YEAR 2012/2013 GRANT ALLOCATIONS FROM THE FLORIDA HOUSING FINANCE CORPORATION TO DECEMBER 31, 2015 FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM — WITH THE REQUIRED ANNUAL REPORT STILL DUE ON SEPTEMBER 15, 2015 Item #16D5 THE FY15 PROGRAM OF PROJECTS AND SUBMITTAL OF A GRANT APPLICATION FOR THE FEDERAL TRANSIT ADMINISTRATION, 49 USC § 5307 FY15 GRANT FUNDS TO SUPPORT THE COLLIER AREA TRANSIT SYSTEM IN THE AMOUNT OF $2,888,127, THROUGH THE TRANSPORTATION ELECTRONIC AWARD MANAGEMENT SYSTEM — THE APPROPRIATIONS INCLUDE TRANSIT IMPROVEMENT THAT ARE AMENITIES SUCH AS BUS STOP ENHANCEMENTS; SECURITY ENHANCEMENTS FOR CAT FACILITY; PROVISION FOR AMERICANS WITH DISABILITIES ACT PARATRANSIT SERVICES; BUS OPERATIONS; REPLACEMENT OF ROLLING STOCK THAT HAS EXCEEDED LIFE EXPECTANCY; SUPPORT VEHICLES; PREVENTIVE MAINTENANCE AND BUS WRAP REPLACEMENT Page 246 July 7, 2015 Item #16D6 AWARD INVITATION TO BID #15-6437 "VANDERBILT BEACH MSTU FPL UTILITY CONVERSION AT VANDERBILT BEACH ROAD, INSTALLATION AND CONNECTION OF NEW UNDERGROUND FPL NETWORK" TO MASTEC NORTH AMERICA, INC. IN THE AMOUNT OF $574,606.25 Item #16D7 — Clerical Changes (Per Agenda Change Sheet) THE CHAIRMAN TO REINSTATE AND SIGN AN EXTENSION AGREEMENT WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR THE 2010 FUNDED SHELTER PLUS CARE (S+C) GRANT TO PROVIDE SUPPORTIVE SERVICES TO HARD TO SERVE PERSONS WITH DISABILITIES, APPROVE THE ASSOCIATED SUB RECIPIENT AGREEMENT WITH CASL, INC., APPROVE BUDGET AMENDMENTS TO RECOGNIZE FUNDING ASSOCIATED WITH THIS AWARD, AND AUTHORIZE PAYMENT FOR OUTSTANDING PAYMENT TO COLLIER COUNTY HOUSING AUTHORITY — EFFECTIVE ON MAY 14, 2015 AND EXTENDING THE PROJECT TERM FROM NOVEMBER 15, 2016 TO SEPTEMBER 25, 2017 Item #16D8 CONTINUATION OF THE LIBRARY ELECTRONIC ASSISTANCE PROGRAM THROUGH ANNUAL RECURRING FUNDING BY THE FRIENDS OF THE LIBRARY, INC. AND THE NECESSARY BUDGET AMENDMENT — THE LEAP PROGRAM PROVIDED FOR THE HIRING OF SEVEN HIGH Page 247 July 7, 2015 SCHOOL STUDENTS TO PROVIDE TECHNOLOGY ASSISTANCE TO LIBRARY PATRONS AND PERFORM LIBRARY DUTIES Item #16D9 AN AGREEMENT TO ACCEPT U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RURAL CAPACITY BUILDING TECHNICAL ASSISTANCE FROM THE NATIONAL ASSOCIATION FOR LATINO COMMUNITY ASSET BUILDERS - THE TERM FOR THIS AGREEMENT IS FROM JULY 7, 2015 THROUGH MAY 14, 2016 Item #16D10 AWARD BID NO. 15-6454, "BUS SHELTERS REPAIRS," TO FLORIDA PAINTERS OF LEE COUNTY, INC. AS THE PRIMARY VENDOR AND TO VARIAN CONSTRUCTION AS THE SECONDARY VENDOR — PER THE SOLICITATION DOCUMENT, THE COUNTY SHALL ISSUE A PURCHASE ORDER TO COMMENCE WORK Item #16D11 A LONG TERM COMMUNITY MARKET AGREEMENT WITH JOSEPH AND NEOMI RAKOW, MARKET MANAGER OF THE GOLDEN GATE COMMUNITY PARK COMMUNITY MARKET WITH AN EFFECTIVE DATE OF JULY 7, 2015 THROUGH FEBRUARY 1, 2016 — WITH A MINIMUM OF 12 VENDORS AND A MAXIMUM OF 22 VENDORS Page 248 July 7, 2015 Item #16D12 THE SUBMITTAL OF A FIVE-YEAR SOVEREIGNTY SUBMERGED LAND LEASE RENEWAL WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AT THE COCOHATCHEE RIVER PARK MARINA, AUTHORIZE PAYMENT OF LEASE PROCESSING FEE OF $630, AND AUTHORIZE THE CHAIRMAN TO SIGN THE LEASE RENEWAL — THE RENEWAL TERM IS FROM JUNE 25, 2015 THROUGH JUNE 25, 2020, AND AUTHORIZES THE COUNTY'S USE AND OPERATION OF THE 16 SLIP MARINA Item #16D13 A RIGHT OF ENTRY TO THE SOUTHWEST FLORIDA RESEARCH AND EDUCATION CENTER (SWFREC) UNIVERSITY OF FLORIDA, INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES (UF/IFAS) TO INSTALL, MAINTAIN AND MONITOR GROUNDWATER MONITORING WELLS AT THE PEPPER RANCH PRESERVE AS PART OF THE LAKE TRAFFORD WATERSHED BOUNDARY STUDY — FOR ACCESS, CONSTRUCTION AND MAINTENANCE OF UP TO 11 SHALLOW GROUNDWATER MONITORING WELLS Item #16D14 THE CHAIRMAN TO EXECUTE LANDLORD PAYMENT AGREEMENTS, BETWEEN 12 LANDLORD/ENTITIES AND THE COLLIER COUNTY BOARD OF COMMISSIONERS ALLOWING THE COUNTY TO ADMINISTER THE RAPID RE- Page 249 July 7, 2015 HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH COLLIER COUNTY'S EMERGENCY SOLUTIONS GRANT PROGRAM — TO THE FOLLOWING: SUMMER LAKES APARTMENTS II, LLC (LISTED TWICE IN THE EXECUTIVE SUMMARY); COLLEGE PARK HOLDINGS, LTD; TUSCAN ISLE COMMUNITY, LTD; NAPLES PLACE 1, LLC; GANG- WOODRUF PROPERTIES OF FLORIDA LLC; PELICAN BAY REALTY, INC; PHEASANT PROPERTIES, LLC; STEPHEN COSGROVE (PRIVATE LANDLORD); BRITTANY BAY PARTNERS II, LTD; BRITTANY BAY PARTNERS, LTD AND SADDLEBROOK APARTMENT, LLC Item #16D15 A STANDSTILL AGREEMENT BETWEEN COLLIER COUNTY AND THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) TO ALLOW THE USDA TO CONTINUE ITS OPERATIONS AT THE COUNTY'S AGRICULTURE EXTENSION OFFICE AT THE CURRENT TERMS AND CONDITIONS, UNTIL A NEW LEASE AGREEMENT CAN BE SUBMITTED — EXTENDING THE NEW LEASE TERM THROUGH JULY 31, 2016 Item #16D16 — Moved to Item #11G (Per Agenda Change Sheet) Item #16E1 AWARD A CONTRACT FOR AFFORDABLE CARE ACT DATA REPORTING SERVICES TO HEALTH E(FX) AND AUTHORIZE THE CHAIRMAN TO SIGN THE COUNTY ATTORNEY APPROVED AGREEMENT — REPORTING EMPLOYEE WAGE, Page 250 July 7, 2015 LEAVE INFORMATION BY TYPE, HOURS WORKED, HEALTH INSURANCE COVERAGE OFFERED, AND THE NAMES OF DEPENDENTS TO THE IRS AS REQUIRED BY THE AFFORDABLE CARE ACT Item #16E2 SEVEN DELETIONS TO THE 2015 FISCAL YEAR PAY AND CLASSIFICATION PLAN MADE FROM APRIL 1, 2015 THROUGH JUNE 30, 2015 Item #16E3 APPROPRIATE REVENUES GENERATED THROUGH REIMBURSEMENTS TO THE EMS OPERATING BUDGET IN THE AMOUNT OF $79,052 — FOR UNANTICIPATED OVERTIME COSTS FOR THE PERIOD OF MAY 15 THROUGH JUNE 4, 2015 BILLED IN ACCORDANCE WITH RESOLUTION 08-27 Item #16E4 THE COLLIER COUNTY WATER-SEWER DISTRICT'S COMPLETION OF THE REMAINING TERMS OF THE SEPTEMBER 14, 2010 AGREEMENT WITH 850 NWN, LLC, CG II, LLC AND EXECUTION OF MUTUAL RELEASES — WHICH RELEASES RESPONSIBILITY TO THE OWNERS AFTER COMPLETING THE TERMS OF THE AGREEMENT DEFINED AS FIELD CHANGES PERTAINING TO WELL NO. 2 — AS DETAILED IN THE EXECUTIVE SUMMARY Page 251 July 7, 2015 Item #16E5 A LEASE AGREEMENT WITH NORTH COLLIER FIRE DISTRICT FOR EMS DEPARTMENT USE OF STATION 48 WITH NO ANNUAL RENT AND SHARED UTILITY EXPENSES — THE COUNTY WILL PAY FOR 40% OF SEWER, WATER AND ELECTRICITY Item #16E6 THE SALE AND DISPOSAL OF SURPLUS PROPERTY THROUGH AN ON-LINE AUCTION IN COMPLIANCE WITH FLORIDA STATUTES AND RESOLUTION 2013-095 Item #16E7 APPROPRIATE REVENUE FOR SPECIAL SERVICES TO THE FACILITIES MANAGEMENT DIVISION COST CENTER AND APPROVE THE NECESSARY FISCAL YEAR 2014-2015 BUDGET AMENDMENT — FOR BUILDING MAINTENANCE WHEN REQUESTED BY VARIOUS DEPARTMENTS OR DIVISIONS Item #16E8 STAFF'S ADMINISTRATIVE AWARD IN OCTOBER 2013 OF INVITATION TO BID #13-6141 WATER TREATMENT SERVICES TO US WATER SERVICE CORPORATION AND AWARD IN ACCORDANCE WITH THE BOARD'S PROCUREMENT ORDINANCE 2015-37, SECTION 9 FORMAL COMPETITIVE THRESHOLD — FOR WATER TREATMENT Page 252 July 7, 2015 SERVICES AT COUNTY FACILITIES THAT INCLUDE THE NAPLES JAIL CENTER ON THE REVERSE OSMOSIS SYSTEM, WATER SOFTENER SYSTEMS, WELL SYSTEMS, ASSOCIATED PIPING, OTHER WATER TREATMENT SYSTEMS AND SERVICES Item #16E9 RATIFY REPORTS FOR STAFF-APPROVED CHANGE ORDERS, CHANGES TO WORK ORDERS, AND SURPLUS CREDIT - FOR THE PERIOD OF MAY 19, 2015 TO JUNE 15, 2015 Item #16F1 A TERMINATION OF AGREEMENT FOR THE TIMBER RIDGE PUD UNIT 2 AFFORDABLE RENTAL HOUSING PROJECT DUE TO THE IMPACT FEES BEING PAID IN FULL IN ACCORDANCE WITH RESOLUTION 95-62 AND THE AMENDED AND RESTATED AGREEMENT FOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES RECORDED IN OFFICIAL RECORDS OF COLLIER COUNTY BOOK 2074 PAGE 0233 — THE IMPACT FEES WERE PAID IN FULL ON APRIL 27, 2015 Item #16F2 — Legal name corrected (Per Agenda Change Sheet) TOURISM DEVELOPMENT GRANT APPLICATION AGREEMENTS FOR FY 16 CATEGORY B ($35,000) AND CATEGORY C-2 ($40,000) GRANTS, AUTHORIZE THE CHAIRMAN TO SIGN, AND MAKE A FINDING THAT THIS Page 253 July 7, 2015 ACTION PROMOTES TOURISM — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F3 RESOLUTION 2015-141 : A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2014-15 ADOPTED BUDGET Item #16F4 — Moved to Item #11H (Per Agenda Change Sheet) Item #16F5 AN AGREEMENT BETWEEN COLLIER COUNTY AND RETIS DESIGNATING COLLIER COUNTY EXCLUSIVE RIGHTS TO HOST THE RETIS FACE 9 FLORIDA EXECUTIVE TRAINING PROGRAM IN THE FALL OF 2015, AND PROVIDING FUNDING IN THE AMOUNT OF UP TO $12,000 FOR FINANCIAL SUPPORT IN FACILITATING THE EVENT — TO REIMBURSE TRAVEL AND LODGING COSTS ASSOCIATED FOR UP TO TEN FRENCH INNOVATION COMPANIES AND TWO RETIS EVENT OPERATION STAFF PERSONS THAT WILL ATTEND Item #16F6 RESOLUTION 2015-142: A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE Page 254 July 7, 2015 PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT, MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, INCLUDING THE RESTORATION OF THE MANGROVE FOREST, U.S. 41 BERM, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS, LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES AND BEACH RENOURISHMENT, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT Item #16F7 THE CHAIRMAN, AS A MEMBER OF THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM, TO APPROVE THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC., PROPOSED FY 2015/2016 BUDGET Item #16F8 — Moved to Item #11F (Per Agenda Change Sheet) Item 16G1 THE BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE AIRPORT AUTHORITY, APPROVE THE ATTACHED FIFTH AMENDMENT TO ASSIGNMENT OF LEASE FROM GLOBAL MANUFACTURING TECHNOLOGIES, INC. TO KPK MANAGEMENT, INC. — LOCATED AT THE IMMOKALEE Page 255 July 7, 2015 REGIONAL AIRPORT Item #16G2 THE BOARD OF COUNTY COMMISSIONERS (BCC), ACTING AS THE AIRPORT AUTHORITY, APPROVES THE ATTACHED FIRST AMENDMENT TO THE COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE WITH THE FLORIDA DEPARTMENT OF MILITARY AFFAIRS AND STANDARD FORM LEASE WITH TELLUS FLORIDA, LLC — LOCATED AT THE IMMOKALEE REGIONAL AIRPORT Item #16H1 — Continued until September 2015 — Approved during Agenda Changes REQUEST TO ADVERTISE AN ORDINANCE AMENDING ORDINANCE NO. 2008-47, AS AMENDED, RELATING TO THE COLLIER COUNTY NON-CONSENT TOWING, PRIVATE PROPERTY TOWING, IMMOBILIZATION AND STORAGE OF VEHICLES ORDINANCE, TO BE BROUGHT BACK AT A SUBSEQUENT MEETING FOR ADOPTION (COMMISSIONER FIALA) Item #16H2 RESOLUTION 2015-143: APPOINT ONE MEMBER TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE — APPOINTING KRISTI BARTLETT WITH TERM EXPIRING OCTOBER 1, 2017 Item #16H3 Page 256 July 7, 2015 THE COLLIER COUNTY BLACK AFFAIRS ADVISORY BOARD TO HOLD THE ANNUAL "DIABETES AWARENESS DAY" — TAKING PLACE ON NOVEMBER 7, 2015 AT THE GOLDEN GATE COMMUNITY CENTER Item #16H4 RESOLUTION 2015-144: APPOINT A CITIZEN MEMBER TO THE VALUE ADJUSTMENT BOARD — APPOINTING REBECCA EARNEY Item #16H5 — Added (Per Agenda Change Sheet) RESOLUTION 2015-145: APPOINT A MEMBER TO THE COLLIER COUNTY PLANNING COMMISSION— APPOINTING ANDREW SOLIS TO FULFILL A REMAINING VACANT TERM EXPIRING ON OCTOBER 1, 2016 Item #16I1 MISCELLANEOUS CORRESPONDENCE Item #16J1 THE CLERK OF THE CIRCUIT COURT'S INTERNAL AUDIT REPORT 2015-5 FLEET MANAGEMENT, ISSUED ON JULY 1, 2015 Item #16J2 Page 257 July 7, 2015 BOARD DECLARATIONS OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF JUNE 18 THROUGH JUNE 24, 2015 Item #16J3 BOARD DECLARATION OF EXPENDITURES SERVING A VALID PUBLIC PURPOSE AND APPROVAL OF DISBURSEMENTS FOR THE PERIOD OF JUNE 25 THROUGH JUNE 30, 2015 Item #16K1 AN ASSUMPTION AGREEMENT SUBSTITUTING THE LAW FIRM OF SMOLKER, BARTLETT, LOEB, HINDS & SHEPPARD P.A. FOR THE LAW FIRM OF SMOLKER, BARTLETT, SCHLOSSER, LOEB & HINDS, P.A., IN THE RETENTION AGREEMENT DATED APRIL 24, 2007, AS PREVIOUSLY AMENDED AND ASSUMED Item #16K2 A STIPULATED FINAL JUDGMENT IN THE TOTAL AMOUNT OF $11,000 FOR PARCEL 153RDUE IN THE LAWSUIT STYLED COLLIER COUNTY V. GG1 NAPLES, LLC, ET AL., CASE NO. 15-CA-329 (GOLDEN GATE BOULEVARD FROM EAST OF WILSON BOULEVARD TO 20TH STREET EAST, PROJECT NO. 60040) FISCAL IMPACT: $11,170 — AN EMINENT DOMAIN LAWSUIT TO ACQUIRE A PARCEL LOCATED IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 27 EAST Page 258 July 7, 2015 Item #16K3 THE BOARD OF COUNTY COMMISSIONERS REVIEW AND APPROVE THE PROPOSED 2-YEAR EXTENSION TO THE EMPLOYMENT AGREEMENT FOR MARK STRAIN, HEARING EXAMINER — EXTENDING THE AGREEMENT TO SEPTEMBER 30, 2017 Item #16K4 RESOLUTION 2015-146: A RESOLUTION GRANTING MARLENE MESSAM, AS PROJECT MANAGER, AUTHORITY TO MAKE A BINDING COMMITMENT TO THE CONSTRUCTION PLANS FOR THE US 41/951 INTERSECTION IMPROVEMENT PROJECT (PROJECT NO. 60116) FOR THE PURPOSES OF TRIAL AND ALL PRETRIAL MOTIONS IN THE CASE STYLED COLLIER COUNTY V. RTG, LLC, ET AL., CASE NO. 13-CA-259 Item #16K5 THE BOARD OF COUNTY COMMISSIONERS, EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, DIRECT THE COUNTY ATTORNEY TO ENFORCE THE TERMS OF THE MAY 18, 2015, MEDIATION AND PURSUE ANY AND ALL ACTIONS REQUIRED TO HOLD THE REQUIRED PUBLIC HEARING, TOGETHER WITH THE RECOVERY OF THE COUNTY'S LEGAL FEES AND COSTS Page 259 July 7, 2015 Item #17A ORDINANCE 2015-38: 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 Item #17B ORDINANCE 2015-39: AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING ORDINANCE NO. 92-15, AS AMENDED, WHICH RE-ESTABLISHED LELY, A RESORT COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), BY REDUCING THE MAXIMUM NUMBER OF DWELLING UNITS FROM 10,150 TO 8,946; BY AMENDING SECTION 2.06 ENTITLED "PROJECT DENSITY" AND SECTION 2.07 ENTITLED "PERMITTED VARIATIONS OF DWELLING UNITS"; BY AMENDING THE MARKET ABSORPTION SCHEDULE; BY AMENDING SECTION 3.02 ENTITLED "MAXIMUM DWELLING UNITS"; BY AMENDING SECTION V, C-2 COMMERCIAL/ PROFESSIONAL TO PROVIDE THAT THE SQUARE FOOTAGE LIMITATION DOES NOT APPLY TO RESIDENTIAL Page 260 July 7, 2015 DWELLING UNITS PERMITTED AS PART OF A MIXED USE PROJECT; AND BY AMENDING SECTION VI, C-3 COMMERCIAL/NEIGHBORHOOD TO ALLOW C-3 USES AND ALL TYPES OF RESIDENTIAL DWELLING UNITS AS MIXED USE OR STAND ALONE FOR THE C-3 PARCEL AT THE CORNER OF RATTLESNAKE-HAMMOCK ROAD AND GRAND LELY DRIVE; BY ADDING SECTION XV, DEVIATIONS, FROM THE LAND DEVELOPMENT CODE TO INCREASE THE NUMBER OF SIGNS AND THE SIZE OF SIGNS; AMENDING EXHIBIT H, THE PUD MASTER PLAN TO MOVE A C-3 PARCEL TO THE EAST OF LELY GRAND DRIVE AND ADJUST ACREAGES TO DECREASE RESIDENTIAL USES AND INCREASE COMMERCIAL USES BY 6+ ACRES; AND PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY CONSISTS OF 2,892 ACRES LOCATED BETWEEN U.S. 41 AND RATTLESNAKE-HAMMOCK ROAD WEST OF C.R. 951, IN SECTIONS 21, 22, 27, 28, 33 AND 34, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA [PUDA-PL20140002040] Item #17C ORDINANCE 2015-40: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2008-02 WHICH ESTABLISHED THE LANE PARK COMMERCIAL PLANNED UNIT DEVELOPMENT TO REMOVE THE GROSS FLOOR AREA SQUARE FOOTAGE LIMITATIONS ON PERMITTED RETAIL PRINCIPAL USES; TO AMEND THE MINIMUM YARDS AND SITE LIGHTING DEVELOPMENT STANDARDS; Page 261 July 7, 2015 TO AMEND THE PUD MASTER PLAN TO REMOVE A PORTION OF THE EXISTING 50-FOOT DRAINAGE EASEMENT ALONG THE EASTERN PUD BOUNDARY, TO SHOW AN ADDITIONAL PUD ACCESS POINT OFF OF MARKET STREET, AND TO INCREASE THE REQUIRED NATIVE VEGETATION RETENTION ACREAGE; AND TO ADD NEW ENVIRONMENTAL DEVELOPER COMMITMENTS IDENTIFYING THE PERMITTED PRESERVE USES, AND PROVIDING FLEXIBILITY TO ALLOW THE ON-SITE NATIVE VEGETATION RETENTION REQUIREMENT TO BE SATISFIED OFF-SITE. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST QUADRANT OF MARKET AVE. AND LIVINGSTON RD. IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.27± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA-PL20140000867] Item #17D ORDINANCE 2015-41 : AN ORDINANCE AMENDING ORDINANCE NO. 2001-55, AS AMENDED (THE ADVISORY BOARD ORDINANCE), TO ELIMINATE THE THREE YEAR LIMITATION ON THE DURATION OF AD HOC COMMITTEES Item #17E THIS ITEM HAS BEEN CONTINUED FROM THE JUNE 23, 2015 BCC MEETING AND HAS BEEN FURTHER CONTINUED INDEFINITELY. RECOMMENDATION TO EXECUTE THE PROPOSED MEDIATED SETTLEMENT AGREEMENT AND INTEGRATION AGREEMENT, WHICH INTEGRATES THE Page 262 July 7, 2015 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 Page 263 July 7, 2015 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 5:50 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TIM NANCE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ttest as to CUa►rmad s signature oity, These minutes appro -d by the Board on al ) 6 1 i S—; as presented or as corrected p Page 264