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BCC Minutes 02/23/2016 R BCC REGULAR MEETING MINUTES February 23, 2016 February 23, 2016 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 23, 2016 LET IT BE REMEMBERED, that the Collier County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Chairman: Donna Fiala Tom Henning Penny Taylor Georgia Hiller Tim Nance ALSO PRESENT: Leo E. Ochs, Jr., County Manager Nick Casalanguida, Deputy County Manager Jeffrey Klatzkow, County Attorney Crystal Kinzel, Finance Director Troy Miller, Manager, Television Operations Manager Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 01 '14 r It*.1< (41 \. , AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 February 23, 2016 9:00 AM Commissioner Donna Fiala, District 1 — BCC Chair Commissioner Tim Nance, District 5— BCC Vice-Chair; CRAB Chair Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair Commissioner Tom Henning, District 3 — PSCC Representative Commissioner Penny Taylor, District 4— CRAB Vice-Chair; TDC 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." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A Page 1 February 23, 2016 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. Reverend Irvin Stallworth - Unity Faith Missionary Baptist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. January 26, 2016 - BCC/Regular Meeting Minutes 3. SERVICE AWARDS A. EMPLOYEE Page 2 February 23, 2016 1) 20 Year Attendees a) Tony Asaro - Code Enforcement b) Howard Brogdon - Water Department c) Marian Colli - County Attorney's Office d) Nancy Gundlach - Zoning e) Theresa Potter - Building Review and Permitting f) Luis Trujillo - Water Department 2) 30 Year Attendees a) Georgina Mausen - Risk Management b) Greg Tavernier - Water Department B. RETIREES 1) 15 Year Attendee a) Rand Bass-Library 2) 30 Year Attendees a) Nancy Frye - Traffic Operations b) Alice Toppe - Risk Management 4. PROCLAMATIONS A. Proclamation designating the week of February 21-27, 2016 as Engineers Week in Collier County, in recognition of the contributions made by engineers to the high quality of life of the residents of Collier County. To be accepted by the following members of the Calusa Chapter of the Florida Engineering Society: Ralph Verrastro, engineer with Bridging Solutions; Page 3 February 23, 2016 Brent Addison, engineer with Grady Minor; Wes Kayne, engineer with Barraco & Associates; Brian Rose, engineer with the SFWMD; Norm Trebilcock, engineer with Trebilcock Consulting Solutions; Marlene Messam, engineer with the Collier County Growth Management Department; and Alison Bickett, engineer with the City of Naples Engineering Department. B. Proclamation designating February 2016 as Cancer Prevention Month in Collier County. To be accepted by Jodi Bisogno, Executive Director of the Cancer Alliance of Naples. C. Proclamation designating April 2, 2016 as Spe1LIFE Women's Wellness Day in Collier County. To be accepted by Maryann Adame and Kathleen Curatolo. 5. PRESENTATIONS 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 10:30 a.m. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to 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 an Agricultural (A) zoning district with a Mobile Home Overlay (A-MHO) to a Commercial Planned Unit Development (CPUD) Page 4 February 23, 2016 zoning district to allow up to 100,000 square feet of commercial uses for a project to be known as Westclox 29 CPUD on property located at the southwest quadrant of SR-29 and Westclox Street in Section 29, Township 46 South, Range 29 East, Collier County, Florida consisting of 9.5± acres; and by providing an effective date (PUDZ-PL20150000660). 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to appoint an alternate member to the County Canvassing Board for the 2016 Election Cycle. 11. COUNTY MANAGER'S REPORT A. Recommendation to adopt the FY 2017 Budget Policy. (Mark Isackson, Corporate Financial Planning and Management Services Division Director) B. Recommendation to approve the master plan for the development of Big Corkscrew Island Regional Park. (Barry Williams, Parks and Recreation Division Director) C. Recommendation to direct the County Attorney to advertise and bring back to the Board an ordinance that will implement a six month moratorium on new applications for development orders for new charter schools in all commercial, residential and estates zoning districts, and direct staff to develop and bring forward Growth Management Plan and Land Development Code amendments regarding the process for charter schools to be developed within all commercial, residential and estates zoning districts. Note by County Attorney:Approval of this item will immediately commence the moratorium period pending future Board action on the Ordinance. (Mike Bosi, Planning and Zoning Division Director) 12. COUNTY ATTORNEY'S REPORT A. Recommendation to consider appointing one of its own as its representative for the upcoming required mediation with the North Collier Fire and Rescue District in the matter relating to the pending case of North Collier Fire Control and Rescue District v. Board of County Commissioners of Collier County, Case No. 15-CA-1871, now pending in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida, authorize the representative to negotiate on behalf of the Board, and to bring back any Page 5 February 23, 2016 proposed settlement to the Board for the Board's review and consideration. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to award County-wide Invitation to Bid (ITB) #15- 6467R "Purchase and Installation of Mulch" to Amado Lawn Service, LLC as the primary contractor and Hannula Landscaping, Inc. as the secondary contractor for Section 2 and Southeast Spreading Company as the secondary contractor for Section 3. 2) Recommendation to grant final approval of the private roadway and drainage improvements, for the final plat of Veronawalk Phase 4C, Application No. AR-12895 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security in the amount of$1,647,827.73. 3) 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 Raffia Preserve - Phase 4, Page 6 February 23, 2016 (Application Number PL20150002153) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Maple Ridge at Ave Maria, Phase 4, (Application Number PPL20150001919) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 5) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Arlington of Naples, (Application Number PL20150002498). 6) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Marengo at Fiddler's Creek, (Application Number PL20150001451) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 7) Recommendation to approve a First Amendment Developer Contribution Agreement with Ave Maria Development, LLLP, and a First Amendment Interlocal Agreement with The Board of Supervisors of the Ave Maria Stewardship Community District, to recognize the rescission of the Ave Maria DRI, to recognize the Collier County Rural Land Stewardship program as a Statutory Rural Land Stewardship area pursuant to Florida Statute Section 163.3248(11), to recognize the revision to the Ave Maria SRA to add 600,000 square feet of light industrial/warehousing, to memorialize the developer's prior commitment to relax the impact fee collection use restriction, and to provide the ability to transfer or assign all or a portion of the Road Impact Fee Credits to within Road District 5 or adjacent Road Impact Fee Districts. Page 7 February 23, 2016 8) Recommendation to approve a Transportation Post Project Maintenance Agreement between the Florida Department of Transportation (FDOT) and Collier County for the maintenance of brick pavers installed on a portion of Davis Boulevard between Santa Barbara Boulevard and County Barn Road, upon completion of Financial Project #433173-1-52-01; and a Resolution memorializing the Board's approval of the Agreement. 9) Recommendation to award Work Order No. 14-6213-55, to Haskins Inc., for the Lely Area Stormwater Improvement Project (LASIP) - Cope Lane and Crews Road in the amount of$342,369.80, Project No. 51101. 10) Recommendation to approve the conveyance of lands on Immokalee Road and waive the automatic reservation of phosphate, minerals, metals, and petroleum rights required under Sec. 270.11(1), F.S. (Fiscal Impact: $0) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve a Resolution expressing support for the continuation of the designation of the Community of Immokalee as a Rural Area of Opportunity (RAO) within the Florida Heartland Regional Economic Development Initiative, Inc. (FHREDI) South Central Florida Region. 2) Recommendation for the Collier County Community Redevelopment Agency to approve and authorize the Chair to execute a Commercial Building Improvement Grant Agreement between the Community Redevelopment Agency and 3612 Bayshore Drive, LLC, d/b/a Leo's Sod, Inc. in the amount of$2,662.50 for property located at 3612 Bayshore Drive and within the Bayshore Gateway Triangle Community Redevelopment Area. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a Resolution and Satisfaction of Lien for the 1994 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the lien. Fiscal impact is $27 to record the Page 8 February 23, 2016 Satisfactions of Lien. 2) Recommendation to approve a Utility Work Agreement with the Florida Department of Transportation (FDOT) to locate, protect, and adjust if necessary Collier County Water-Sewer District (CCWSD) utilities in conjunction with an FDOT project to resurface and replace signal mast arms along State Route 84 (Davis Boulevard) between County Barn Road and Santa Barbara Boulevard; and, approve an FDOT standard form resolution authorizing the Chairman of the Board of County Commissioners to execute the agreement (Fiscal Impact $60,000). D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve the expenditure of Tourist Development Tax funds for the purchase and installation of an American with Disabilities (ADA) approved beach mat at the kayak launch at Clam Pass for $7,895 and make a finding that these expenditures promote tourism. 2) Recommendation to adopt a Resolution repealing all previous resolutions establishing the Collier County Parks and Recreation Policy and Procedures for the sale and consumption of alcoholic beverages in Collier County Parks to specifically include East Naples Community Park. 3) Recommendation to recognize interest earnings from State Aid to Library Grants and approve a budget amendment in the amount of $309.25. 4) Recommendation to approve an after-the-fact Amendment to the Master Contract and Attestation Statement with Area Agency on Aging of Southwest Florida, Inc. for Federal-and State-funded Services for Seniors programs (No Fiscal Impact). 5) Recommendation to approve Services for Seniors, after-the-fact, Standard Contract and Attestation Statement with Area Agency on Aging for Southwest Florida, Inc., and to authorize associated budget amendments for the FY16 Older Americans Act Title III Program in the amount of$23,102 and local match funding of$2,567. Page 9 February 23,2016 6) Recommendation to approve a revised Memorandum of Understanding (MOU) with the Southwest Florida Workforce Development Board, Inc. which will provide funds to allow twenty children to receive leadership and job training program opportunities during the school year at two Parks and Recreation Division Facilities (no net fiscal impact). 7) Recommendation to approve after-the-fact grant application for a 3- year U.S. Department of Justice, Office on Violence Against Women- Justice for Families Grant that is part of the Victims Advocacy Organization Grant Program. 8) Recommendation to approve Amendment #1 to the Agreement with Naples Community Health Care (NCH) System to provide water safety instruction to Collier County youth identified with the SWIM Central Program. 9) Recommendation to authorize the Chairman to execute two Landlord Payment Agreements, allowing the County to administer the Rapid Re-Housing and Homelessness Prevention Program through the Emergency Solutions Grant Program. 10) Recommendation to approve a State Housing Initiative Partnership Subrecipient Agreement with Community Assisted and Supported Living for the administration of an Owner-Occupied Rehabilitation Program for a total contract award of$520,000. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to recognize accrued interest earned by EMS County Grant revenue and appropriate funds for a total amount of $73.53 2) Recommendation to approve and accept the conveyance of a utility easement and right of entry through the northeast corner of Conner Park to the Collier County Water-Sewer District on behalf of the Public Utilities Division. Page 10 February 23, 2016 3) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution 2004-15 for the first quarter of FY 16. 4) Recommendation to approve the selection committee rankings and authorize entering into negotiations with AECOM for a contract related to Request for Proposal Number 16-6564, "Collier County Space Planning Services." F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2015-16 Adopted Budget. 2) This item continued from the February 9, 2016 BCC Meeting. Recommendation to award ITB #15-6522 - Tourist Fulfillment Services to Phase V of Florida, LLC. and make a finding that this item promotes tourism. 3) Recommendation to formally support proposed legislation that attempts to resolve the ongoing cost-sharing dispute between non- fiscally constrained counties, such as Collier County, and the Department of Juvenile Justice (DJJ), and that the Chair send a letter indicating said support. G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners, in its capacity as the Collier County Airport Authority, approve the attached Disadvantaged Business Enterprise Program and Goals for the Collier County Airport Authority for Fiscal Year 2016 through Fiscal Year 2018. H. BOARD OF COUNTY COMMISSIONERS 1) Recommendation to appoint one member to the Code Enforcement Board. Page 11 February 23,2016 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence J. OTHER CONSTITUTIONAL OFFICERS 1) To record in the minutes of the Board of the County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between January 28, and February 10, 2016 pursuant to Florida Statute 136.06. K. COUNTY ATTORNEY 1) Recommendation to revise Resolution No. 2016-31 which created the Local Rule Review Committee (LRRC) for the purpose of reviewing manatee speed zones as proposed by the Florida Fish and Wildlife Commission (FWC), in order to include non-voting municipal members. 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20150002542, to vacate a portion of the conservation easement as recorded in Official Record Book 4438, Page 3125, of the public records of Collier County, Florida, located in Section 1, Township 50 South, Range 25 East, Collier County, Florida, and to accept a replacement easement. Page 12 February 23, 2016 B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2015-16 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 13 February 23, 2016 February 23, 2016 CHAIRMAN FIALA: Take your seats, please. MR. OCHS: Madam Chairman, you have a live mic. CHAIRMAN FIALA: Thank you, sir. And this morning we welcome you all to our audience. We hope you stay for the full program today. COMMISSIONER TAYLOR: You must be kidding. CHAIRMAN FIALA: But if you can't -- COMMISSIONER NANCE: The entire performance? CHAIRMAN FIALA: -- we welcome you. And with that, would you all please stand. Reverend Irwin Stallworth from the United Faith Missionary Baptist Church, will say our prayer. Item #1A INVOCATION GIVEN BY REVEREND STALLWORTH — UNITED FAITH MISSIONARY BAPTIST CHURCH REVEREND STALLWORTH: Let us pray. Our God, our Father, we bow in humble submission to you once again, that we may experience your power and see your glory. You've already shown yourself faithful that as the rain falls, the sun still rose. And Father, we thank you. We thank you for this great government you call Collier County government. We ask you, God, to bless each and every one of these, your servant leaders, called County Commissioners. We ask you to bless their staffs and everyone who's assembled in your government. Father, you have shown yourself faithful. So bless them with wisdom as they govern your people well. Bless your people today, Father, with understanding and civility, but more than that, bless us with your presence as they govern your people well. Page 2 February 23, 2016 And we will always be careful, God, to give you the praise, the honor and the glory. In Jesus' name, Amen. CHAIRMAN FIALA: And Commissioner Nance, would you lead us in the pledge. COMMISSIONER NANCE: Please join me. (Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you. And our County Manager Leo Ochs will take it from here. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMIUSSION MEMBERS FOR CONSENT AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES (ITEM #16J1 SERVES A VALID PUBLIC PURPOSE AND AUTHORIZE THE CLERK TO RELEASE PAYMENT) MR. OCHS: Thank you, Madam Chair. Good morning, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting for February 23rd, 2016. The first proposed change is to move Item 16.F.2 from your consent agenda to become Item 11.D. This is a recommended contract award for Tourism Fulfillment Services, and that was moved at Commissioner Taylor's request. We have one time certain item on this morning's agenda, that is Item 9.A, to be heard at 10:30 a.m. That is a public hearing regarding a rezoned request for the Westclox 29 CPUD. And those are all the changes that I have on today's agenda, Commissioners. I will make again my standard request with respect to Item 16.11 Page 3 February 23, 2016 that the Board make a finding that those expenditures serve a valid public purpose and authorize the Clerk of the Courts to release payment. And those are all the changes I have, Madam Chair. CHAIRMAN FIALA: Thank you very much. Commissioners, let's start with Commissioner Taylor today. Do you have any additions, corrections or anything to declare on the summary agenda or the consent agenda? COMMISSIONER TAYLOR: No additions, no corrections and no disclosures. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Yes, I have no -- different agenda changes. I have no consent for today's regular -- I mean no ex parte for today's regular or consent agenda and summary agenda. I guess we'll do the public hearings when we get there. CHAIRMAN FIALA: Thank you very much. And I have no changes or corrections. I do have -- on 16.A.4 I wanted to give ex parte. We've had -- I've had just emails on that one. On 16.A.5, which is the Arlington of Naples, and I go back quite a way on this. I never talked to anybody at all about the item itself, you know, but I've worked with them before, so I'll just declare it so everybody knows. I've spoken with Vicki Tracy, met with Roger Paulsberg and Pastor David Abramson, Marie Carlson; groundbreaking event I went to; Chief Schultz and Chief Hansen; and I toured the facilities. And I have nothing else to declare or the consent nor nothing on the summary. COMMISSIONER HILLER: I have no disclosures and no changes. COMMISSIONER HENNING: Good morning. It's a pleasure to have Reverend Stallworth here from Faith United Baptist Church -- Page 4 February 23, 2016 Unity Faith Baptist Church, the church that I'm all encouraging you to go to. 16.A.7, that's the amendment to the agreement on Ave Maria, does that -- do they still need to do the FIAM report? MR. CASALANGUIDA: I don't believe they do, sir, but I'll confirm that with Mr. Bosi. No, I believe the Board eliminated that FIAM requirement, sir. COMMISSIONER HENNING: Okay. But it's not a part of this agreement, it was eliminated in the past? MR. CASALANGUIDA: Right. COMMISSIONER HENNING: I have no ex parte communication or any changes to today's consent or summary. CHAIRMAN FIALA: With that, may I hear a motion to approve the agenda? COMMISSIONER NANCE: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed. (No response.) CHAIRMAN FIALA: Thank you. Page 5 Proposed Agenda Changes Board of County Commissioners Meeting February 23,2016 Move Item 16F2 to Item 11D: This item continued from the February 9.2016 BCC Meeting. Recommendation to award ITB 15-6522-Tourist Fulfillment Services to Phase V of Florida,LLC.and make a finding that this item promotes tourism. (Commissioner Taylor's request) Time Certain Items Item 9A to be heard at 10:30 a.m. 3/9/2016 3:08 PM February 23, 2016 Item #2B MINUTES FROM THE JANUARY 26, 2016 BCC REGULAR MEETING — APPROVED AS PRESENTED CHAIRMAN FIALA: And for the BCC regular meeting minutes? COMMISSIONER NANCE: Move approval. CHAIRMAN FIALA: Thank you. COMMISSIONER HILLER: Can I just ask one question before we jump to the minutes? Leo, was there anything we needed specifically to do with respect to the declaration that the expenditures to be paid serve a valid public purpose and -- or is it -- have you incorporated that? MR. OCHS: Yes, ma'am, I read that as part of-- COMMISSIONER HILLER: Okay. MR. OCHS: -- change sheet. COMMISSIONER HILLER: I just wanted to make sure. Is there some way you can make that permanent so you don't have to make it part of the change sheet? Could it be, for example, under the County Manager or under the Board? MR. OCHS: Well, ma'am, the Commissioners had directed me at the last meeting to come back at a future agenda to revisit this concept of a payables report, so we were planning to do that at your next meeting -- COMMISSIONER HILLER: Okay, that's -- MR. OCHS: -- depending on the Board's direction, at that point we'll have some clarification. COMMISSIONER HILLER: Okay. And then you'll come up with a permanent manner of handling that issue. MR. OCHS: Yes, the Clerk or myself or whoever you direct. Page 6 February 23, 2016 COMMISSIONER HILLER: Okay, that's fine. I just wanted to clarify. Sorry. Go ahead. CHAIRMAN FIALA: So do you second the motion for -- COMMISSIONER HILLER: Yeah, yeah, I do. I second it. Sorry. CHAIRMAN FIALA: All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you very much. Item #3A1 SERVICE AWARDS — 20 YEAR ATTENDEES CHAIRMAN FIALA: We move on to service awards. I just have to say, I see Alice Toppe sitting back there and she looks beautiful. It's so good to see you, Alice. Sorry about that. Personal thing. MR. OCHS: Thank you, Commissioners. If you'd be kind enough to join us in front of the dais, we have an impressive list of county service award recipients this morning we'd be honored to recognize. Commissioners, our first category of awardees this morning are celebrating 20 years of service with county government. Our first recipient is unable to be here today, but we wanted to recognize Tony Asaro from Code Enforcement for 20 years of service. Page 7 February 23, 2016 (Applause.) MR. OCHS: Our next 20-year awardee from your water department is Howard Brogdon. Howard? (Applause.) CHAIRMAN FIALA: I was so excited about seeing everybody, I forgot to bring the awards down. He's helping me take care of business. (Applause.) MR. OCHS: Our next 20-year service awardee from the County Attorney's Office, Marian Colli. (Applause.) MR. OCHS: Our next 20-year awardee from our zoning department, Nancy Gundlach. Nancy? (Applause.) MR. OCHS: Celebrating 20 years of service with our billing review and permitting operation, Theresa Potter. Theresa? (Applause.) MR. OCHS: And our final 20-year award recipient, Luis Trujillo. Luis? (Applause.) Item #3A2 SERVICE AWARDS — 30 YEAR ATTENDEES MR. OCHS: Commissioners, we have two employees celebrating 30 years of dedicated service to county government this morning. The first from your Risk Management Department, Georgina Mausen. Georgina? (Applause.) MR. OCHS: Also celebrating 30 years of service to county Page 8 February 23, 2016 government this morning from our water department, Greg Tavernier. Greg? (Applause.) Item #3A3 SERVICE AWARDS — 40 YEAR ATTENDEE MR. OCHS: Commissioners, this next recipient has a very distinct distinction of serving 40 years with county government. We'll have to do a sanity check with him when he comes up. But we are very pleased to recognize Mr. Tim Billings from our Operations and Regulatory Management Department. (Applause.) Item #3B1 SERVICE AWARDS — RETIREES — 15 YEAR ATTENDEE MR. OCHS: Commissioners, we're also honored to welcome back two of our recent retirees for recognition this morning. The first from our Traffic Operations Department is Nancy Frye. Nancy? (Applause.) MR. OCHS: Commissioners, we also have a 15-year attendee celebrating 15 years of service, recently retired from our library system, Rand Bass. Rand, are you here? (Applause.) CHAIRMAN FIALA: He sends books out to people who can't come to the library and helps those out who are disabled. It's been so much fun working with him. (Applause.) Page 9 February 23, 2016 Item #3B2 SERVICE AWARDS — RETUREES — 30 YEAR ATTENDEES MR. OCHS: And our final recognition this morning, Commissioners, goes out to a recent retiree who had completed 30 years of service with county government from your Risk Management Department, Alice Toppe. Alice? (Applause.) MR. OCHS: Commissioners, that concludes our service awards this morning. Thank you. (Applause.) CHAIRMAN FIALA: Leo, it's okay that I'm having all this fun, right? MR. OCHS: Oh, yes, ma'am. Fun is permitted. In moderation, of course. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING THE WEEK OF FEBRUARY 21-27, 2016 AS ENGINEERS WEEK IN COLLIER COUNTY, IN RECOGNITION OF THE CONTRIBUTIONS MADE BY ENGINEERS TO THE HIGH QUALITY OF LIFE OF THE RESIDENTS OF COLLIER COUNTY. ACCEPTED BY THE FOLLOWING MEMBERS OF THE CALUSA CHAPTER OF THE Page 10 February 23, 2016 FLORIDA ENGINEERING SOCIETY: RALPH VERRASTRO, ENGINEER WITH BRIDGING SOLUTIONS; BRENT ADDISON, ENGINEER WITH GRADY MINOR; WES KAYNE, ENGINEER WITH BARRACO & ASSOCIATES; BRIAN ROSE, ENGINEER WITH THE SFWMD; NORM TREBILCOCK, ENGINEER WITH TREBILCOCK CONSULTING SOLUTIONS; MARLENE MESSAM, ENGINEER WITH THE COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT; AND ALISON BICKETT, ENGINEER WITH THE CITY OF NAPLES ENGINEERING DEPARTMENT — ADOPTED MR. OCHS: Madam Chairman, that takes us to Item 4, Proclamations, this morning. Item 4.A is a proclamation designating the week of February 21st through the 27th, 2016 as Engineers Week in Collier County, in recognition of the contributions made by engineers to the high quality of life of the residents of Collier County. To be accepted this morning by the following members of the Calusa Chapter of the Florida Engineering Society: Ralph Verrastro, Engineer with Bridging Solutions; Brent Addison, Engineer with Grady Minor; Wes Kayne, Engineer with Barraco & Associates; Brian Rose, Engineer with South Florida Water Management District; Norm Trabilcock, Engineer with Trabilcock Consulting Solutions; Marlene Messam, Engineer with the Collier County Growth Management Department; and Allison Bickett, Engineer with the City of Naples Engineering Department. If those of you who are here would please step forward and receive your proclamation. (Applause.) MR. TRABILCOCK: Thank you very much. My name is Norm Trabilcock. I'm the past president of the Florida Engineering Society, Calusa Chapter, which includes Collier County and four other counties Page 11 February 23, 2016 in Southwest Florida. My firm is a local firm, Trabilcock Consultant Solutions, and we're focused on transportation, illuminating and lighting engineering. I'd like to thank you all for this proclamation today. The stereotypical engineer is quiet and reserved; however, this week is Engineers Week, so now's the time of the year that we like to put out some noise to talk about our quiet profession and the contributions to society. The Engineering Society is celebrating 100 years this year, it's our Centennial. And things have really changed over the years. Now the world's more complicated. Besides civil engineers you have military, computer, biomedical, nuclear engineers, environmental, there's a whole mess of different types of engineers that are there for us. In all aspects of our daily lives are impacted by the work of engineers. From the alarm that woke us this morning to the water we drank to the generator that came on when the electric came out this morning as well, the roads we drive, the buildings we work in, and even the seats that we sit in. There's one thing that all engineers have in common and we use math and science to solve real world problems. The core value of all engineers is we shall hold paramount the health, safety and welfare of the public. So no matter who we're working for, our ultimate client is the public and that keeps us I think on the right side of things. So thanks again, and we really appreciate the award and appreciate the proclamation. Thank you. (Applause.) Item #4B PROCLAMATION DESIGNATING FEBRUARY 2016 AS Page 12 February 23, 2016 CANCER PREVENTION MONTH IN COLLIER COUNTY. ACCEPTED BY JODI BISOGNO, EXECUTIVE DIRECTOR OF THE CANCER ALLIANCE OF NAPLES — ADOPTED MR. OCHS: Item 4.B is a proclamation designating February, 2016 as Cancer Prevention Month in Collier County. To be accepted by Jodi Bisogno, Executive Director of the Cancer Alliance of Naples. Jodi, if you're here, please step forward and receive your proclamation. (Applause.) MS. BISOGNO: I'll just speak very briefly, just so that everyone knows who Cancer Alliance of Naples is. This is actually the second time we've been recognized. Last time was the first time with YogaCAN. So I would like to thank all of you for taking the initiative in making sure that people in Collier County recognize what we do. For those of you who don't know, for 13 years Cancer Alliance of Naples, once a child or adult is diagnosed with cancer, we can kind of step in and pay their nonmedical bills. So for the time that they're in treatment we pay rent, mortgage, utilities, car payments and really provide like a safety net for those families during that time to relieve the stress. So any recognition to sort of get up here and let people know about us, if you haven't heard of us, is very appreciative. So thank you very much. CHAIRMAN FIALA: Commissioner Hiller? Excuse me, just a second. Commissioner Hiller would like to just say a little something. COMMISSIONER HILLER: CAN is very important, because all the money raised stays in the local community. It's not going to research, it's not going to administrative overhead in New York or Atlanta, it's all local. And so, you know, to the extent that I can encourage anyone to donate to an organization that is really helping Page 13 February 23, 2016 our cancer victims directly, this organization is it. And by the way, your event -- as you know, I've been going to YogaCAN since the very first one at Green Monkey several years back, and it has been an event that's growing and growing and growing and is absolutely fantastic. And I would like you to just take one minute and could you just share with our viewing audience what YogaCAN is, when it's going to happen and that they should really participate, because it's really fun. MS. BISOGNO: YogaCAN was started three years ago by a local couple, Dr. Joel Waltzer and his wife who's battling cancer. And as Yogis I guess they kind of went to their yoga studio and said, hey, we want to do a fundraiser. And apparently they packed the building, they packed the parking lot and really started to realize that they were kind of the lucky ones, that they had the finances, the support, the community, the means to sort of work through a cancer diagnosis. And they decided their way to give back, they read a little article in the Naples Daily News about a beneficiary that we helped and in that moment kind of decided that this was sort of something that they wanted to do. Three years later, this will be our third one, it's April 3rd and it's at the Naples Beach Club and it has grown to -- last year we had about 250 people. So from the little parking lot to 250. And the goal is that we continue to grow. And again, 100 percent of those funds, everything is underwritten by everyone who participates, and 100 percent of those funds go back into the local cancer community. COMMISSIONER HILLER: And it's a very unique benefit for Collier County where, you know, people are usually wearing, you know, Escada and Prada and Givenchy, and instead what you do for this particular benefit is you wear Lululemon. And it's amazing. It's really a lot of fun. MS. BISOGNO: You can go to our website or call us and we'd Page 14 February 23, 2016 be happy to get you the information. Thank you, Commissioner Hiller. COMMISSIONER HILLER: Thank you for all you're doing. MS. BISOGNO: Thank you, everyone. (Applause.) Item #4C PROCLAMATION DESIGNATING APRIL 2, 2016 AS SPELLIFE WOMEN'S WELLNESS DAY IN COLLIER COUNTY. ACCEPTED BY MARYANN ADAME AND KATHLEEN CURATOLO — ADOPTED MR. OCHS: Item 4.0 is a proclamation designating April 2nd, 2016 as Spe1LIFE Women's Wellness Day in Collier County. To be accepted by Mary Ann Adame and Kathleen Curatolo. If you'd please step forward and receive your proclamation. (Applause.) MS. CURATOLO: I'd like to thank the Commission, particularly Chair Donna Fiala. I am here representing my sisters, Jill Ciccarelli Rapps, Kay M. Ciccarelli Anderson, Deborah Ciccarelli Clementi. We have come together in celebration of women's health in our community. And I'll let Maryann just give a brief announcement about the upcoming event. MS. ADAME: Thank you, Commissioners. We appreciate the proclamation. I am not a Ciccarelli, but I do work on the board. And we started this three years ago and it's for women's health. This year we're honored to have Jill Bolte Taylor as our guest speaker. She's been famous on Ted Talks, if you listen to any of these. She's a gal that suffered a stroke at 35 and she's totally recovered and now she's a Page 15 February 23, 2016 motivational speaker. Our subject is the brain. We have four local speakers for breakout sessions to come. The event is April 2nd. It's at St. John The Evangelist Church. Tickets are available, and we'd like to welcome all of you that are interested, men and women, to attend. Thank you. (Applause.) CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: Thank you very much. Women's health is a very important issue. It's my understanding that of all the communities in the United States, we have the reputation of having women live the longest of anywhere in the country. Which is awesome, especially from the perspective of a female dominated board. So thank you again for everything you're doing to support women's health. Go girls. COMMISSIONER HENNING: Move to approve today's proclamations. COMMISSIONER NANCE: Second. COMMISSIONER HENNING: I want to say that the proclamations are to recognize these events, these historical events and new events and not its sponsors. CHAIRMAN FIALA: Oh, okay. COMMISSIONER HILLER: I think it's for both. CHAIRMAN FIALA: I thought we would give tribute to the people who have -- COMMISSIONER HILLER: Absolutely. CHAIRMAN FIALA: -- actually put the work in. COMMISSIONER HILLER: Absolutely. CHAIRMAN FIALA: I don't think we need to differentiate between them. COMMISSIONER HILLER: I agree, Commissioner. CHAIRMAN FIALA: It's good that they're here and helping the Page 16 February 23, 2016 community. Thank you. Thank you very much. Moving on to -- MR. OCHS: Take a vote, ma'am? CHAIRMAN FIALA: Oh, all in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Very good. Thank you. Item #10A APPOINTING AN ALTERNATE MEMBER TO THE COUNTY CANVASSING BOARD FOR THE 2016 ELECTION CYCLE - MOTION TO APPOINT COMMISSIONER NANCE AS THE ALTERNATE MEMBER — APPROVED MR. OCHS: Madam Chair, that moves us to Item 10.A on today's agenda, Board of County Commissioners. 10.A is a recommendation to appoint an alternate member to the County Canvassing Board for the 2016 election cycle. COMMISSIONER HILLER: I'd like to nominate Commissioner Nance, if that's possible. COMMISSIONER NANCE: What are the dates that are required? COMMISSIONER TAYLOR: Tomorrow morning it starts. Lee can bring that out, maybe, if she's listening. We've got the dates. But tomorrow it starts. Two hours tomorrow. And then it continues. Page 17 February 23, 2016 COMMISSIONER NANCE: I'll give it a shot. If I have a conflict, I'd like somebody to volunteer to spell me if it's some peculiar conflict. But I will volunteer to do it. CHAIRMAN FIALA: Depends on whether I have an opponent as to whether I can help, but I love serving -- COMMISSIONER NANCE: I'm not running against you, ma'am, I've already told you that. COMMISSIONER FIALA: But you can't -- if you're in a race, you can't -- COMMISSIONER NANCE: If you're a candidate, you can't serve. CHAIRMAN FIALA: Right. So I second your motion. All in favor, signify by saying aye. Quick before he says no. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Okay, thank you. COMMISSIONER TAYLOR: So Commissioner -- COMMISSIONER NANCE: Who's going to advise me of the dates critical? COMMISSIONER TAYLOR: We'll get it. Lee? Come on, Lee. MR. OCHS: I'll take care of it, sir. COMMISSIONER NANCE: Thank you. CHAIRMAN FIALA: Moving on. Item #1 1 A RESOLUTION 2016-43: RECOMMENDATION TO ADOPT THE Page 18 February 23, 2016 FY 2017 BUDGET POLICY — ADOPTED MR. OCHS: Yes, ma'am, that takes us to Item 11 on today's agenda, County Manager's Report. First item, 11.A, is a recommendation to adopt the fiscal year 2017 budget policy. Mr. Isackson, your Corporate Financial Planning and Management Services Division Director, will present. MR. ISACKSON: Thank you, Mr. Ochs. Apparently they wiped out my PowerPoint. We're going to have to try and get it fixed up again. Commissioners, this is the beginning of the 2017 -- the official start of the 2017 budget year. Although I will tell you that my staff over the last two or three months has been in the bunker grinding the 2017 numbers. Commissioners, we can do this one of two ways: I have a PowerPoint that differentiates the high level policy items that I'd like the Board to take a look at, and it might be easier just to go through those and let me offer some commentary around that. And if it's the Board's pleasure we can take each one of those individually and render the Board's particular guidance on those. Troy, let me -- I was up here this morning and apparently someone didn't like it. MR. MILLER: We had a power hit. MR. ISACKSON: All right. As we said, Commissioners, the official start of the process is today with your review of the policy document. And I will tell you that there are three areas of consideration. The first are what we term annual policies to be adopted by the Board; then there's continuing policies that the Board traditionally endorses; and then there's the three-year projection of the general fund and unincorporated area general fund. Page 19 February 23, 2016 You'll see that -- the donation of the various packet pages, though you can follow along in your packet. First and probably the most important is our respective millage rate policy. Those are found on packet Pages 110 through 117. I will tell the Board that -- and I don't know whether we can put this up on the visualizer. MR. OCHS: Sure. MR. ISACKSON: There are a couple of I think interesting points. The -- it shows the Board -- all of these slides that we'll throw up on the visualizer are in your packet. I just thought that we'd have them all handy and throw them up on the visualizer probably for easier viewing. This shows you a history of our taxable value. And everything starts with taxable value when it comes to our ad valorem tax rates. You can see that we're planning a seven percent adjustment in countywide taxable value for our FY 17 planning scenario, as well as in the unincorporated area general fund. The state is projecting that our taxable value in '17 will be 7.5 percent. And then continuing out over the next three years, state is projecting seven percent increases in taxable value. Last year the state had projected seven and a half percent and it came in at eight and a half percent. So you can see we're still well below the high water mark of 82 billion in 2008. And you can see there the respective millage rates that we've had and our proposed -- through 2016. There was a stretch there of roughly seven years where we've held the millage rate in the general fund and the unincorporated area general fund at 3.5645 and .7161 respectively. Now, the guidance that we're proposing this year with regard to Page 20 February 23, 2016 millage rate is a little bit different. General fund we're proposing to maintain millage neutral at 3.5645, and then piggybacking on the Board's October, 2015 landscape workshop where there was endorsement to adjust the millage rate, reset it to .8069 which was the rate back in 2007 before the state adopted limiting property tax legislation which required us to drop the millage rate substantially. That difference between .7161, the current rate, or .8069 is proposed to be used to restart the landscape median capital program, which was suspended at the beginning of the economic recession. That dollar value -- Leo, there's another slide there that -- that dollar value, if you look at the yellow highlighted area, that dollar value is roughly $4.2 million. That difference or that marginal .0908 will raise about $4.2 million, which would be used to start the program. You can see also that a millage neutral tax rate in the general fund will raise about $17.2 million in additional revenue above the current FY 16 tax levy. MR. OCHS: Mark, the estimated financial impact of that incremental increase on a monthly or annual basis? MR. ISACKSON: Yes, sir. In the packet we've projected based on a taxable value home of$300,000 that that monthly increase will be about two dollars and 20 some odd cents or roughly 26 bucks a year, thereabouts. So Commissioners, that's the recommendation with regard to now millage rate policy. Now, crafted around that millage rate policy is an important component in terms of how we're actually treating that increase, that seven percent increase. Last year we had limited the County Manager agencies on the operational side to a three percent adjustment. This year we're proposing that that limit be 2.5 percent on the operational side. Page 21 February 23, 2016 An important distinction is that limit is off the net cost to the general fund and the net cost to the unincorporated area general fund. In -- regarding expanded positions, and we'll get to that in a little bit, we're suggesting that a half a percent be applied toward expanded operations. Now, in the past the guidance that the Board adopts is carte blanche for the County Manager agency. It's communicated to the Constitutional officers, they submit a budget either in compliance with that or based on their own set of scenarios that they propose, and they talk about that with the Board in the June workshop. And that has been traditionally what we've done after the workshop and how we've communicated that to the Constitutional officers, and specifically those that are non-fee based, which would be the Clerk, the Supervisor of Elections and the Sheriffs Department. Commissioners, I will leave it up to you guys, but I'll stop there. And if there's any discussion on this particular component before I move on, Madam Chairman, that's my suggestion, unless the Board wants to proceed in a different fashion. CHAIRMAN FIALA: I have Commissioner Hiller first and then after that -- COMMISSIONER HILLER: That was from the previous. CHAIRMAN FIALA: Oh, okay. Commissioner Henning? COMMISSIONER HENNING: 2.5 operational for the County Manager, does that include payment of debt service, capital maintenance, capital improvement? MR. ISACKSON: No, sir, that's just their operational component. COMMISSIONER HENNING: Does it include the three percent? MR. ISACKSON: It will include that. But I will tell you that -- Page 22 February 23, 2016 and you might wonder, well, does that mean a reduction? Does that mean they have to cut certain areas in order to get to that guidance? I don't want to get too technical, but every division is broken out by cost centers. And when you start looking at the various expense components within those cost centers there are, in my view and I think in the County Manager's view, there are areas there where they can I think meet this guidance and still not affect their respective operations. But we'll consider that as we go forward and have the managers -- County Manager's meetings and we bring that budget back to you. And we'll show you the implications of that 2.5 percent. CHAIRMAN FIALA: Any other questions, Commissioner Henning? COMMISSIONER HENNING: I'll wait. CHAIRMAN FIALA: Fine. We have speakers, four speakers. Would you like to hear the speakers now or shall we continue on? MR. OCHS: Traditionally we get you through the whole policy document. Because we don't know what area the speakers may want to address and we may not have addressed their issue yet. CHAIRMAN FIALA: Thank you. MR. ISACKSON: We can come back, Commissioners, and after the speakers if you want to then offer your guidance up by motion, that's fine, I can go back and revisit each of these areas. CHAIRMAN FIALA: Commissioner Taylor just -- COMMISSIONER TAYLOR: Just one question. The two and a half is out of the projected seven? MR. ISACKSON: Yes, that's correct. COMMISSIONER TAYLOR: Okay. If it goes to eight-and-a-half or eight, will those percentages be adjusted? MR. ISACKSON: Well, we say in the policy that anything that comes in above the planning scenario, the Board can revisit during their workshops and apply those toward let's say reserves or toward Page 23 February 23, 2016 particular operational program needs or toward capital. COMMISSIONER TAYLOR: Good. MR. ISACKSON: That would be your call. Conversely, though, I will say, that if it comes in below seven percent, which it never has since I've been here, I mean, we've never been on the south side of that number. So -- knock on wood. And that gets to the next slide, Commissioners, which is your agency allocations. And we talk about the premise that we all work cooperatively and if the need for budget reduction should arise, then everybody should share equally in those reductions. We have this concept of revenue centric operations; that gets through our enterprise funds. And essentially that concept revolves around the revenue streams that come in, whether it's public utilities, whether it's our building review and permitting areas, or any of our other enterprise operations. Their budgets are all pegged around their anticipated revenue sources that come in. And of course there are surgent fee-based operations that exist, they're fee supported or subsidized operations that exist within the general fund and unincorporated area general fund, and these costs and fees will be monitored and ad valorem revenue is not intended to subsidize those particular operations, so there will be a truing up during the course of the budget year like we've done in the past. Agency positions. This year we talked about expanded net component of .5 percent. Those expanded positions will be limited to mission critical functions, fully vetted with the Board and enumerated within the budget document, including details of expanded operational costs, any offsetting program revenue that may be generated. Compensation. The County Manager, as part of the FY 17 budget, is recommending a three percent general wage adjustment with the structure of that to be presented at the June budget workshop. Healthcare. This particular year we maintain a very healthy fund Page 24 February 23, 2016 balance in our healthcare fund and as such we are not recommending any increase in our health insurance program. Retirement rates. Those are published by OMB as part of the budget instructions that go out within a week or so after the Board sets policy, and the budget preparers are advised to adhere to those particular rates. Our stormwater funding. This year we're looking at continuing our stormwater funding. And you'll notice the bulk of the stormwater funding is now being switched to come out of our unincorporated area general fund, just like it was last year. Use of gas taxes. We get about 18 and a half million dollars a year in. 13.1 of that is debt. And you can do the math, you can see that there's not a lot left over for maintaining the transportation network. Our general fund capital and debt service and debt management. We traditionally transfer from the general fund the sum of up to essentially a third of a mill for essentially general capital purposes. That amount, Commissioner Henning, it may get to your question, covers some of our revenue bond debt service that exists. It covers our growth related debt obligations due to the fact that impact fees are not coming in at a sufficient level. And it covers a lot of general governmental priority capital needs. We have our reserve policies that are laid out on packet Pages 128 to 133. Those have not changed except for some of the numbers in our Public Utilities Division which changed as a result of some of their fund balance numbers. New slide. Commissioners, a new section of the policy talks about financing new and replacement capital infrastructure. County has not issued debt since 2008. The Finance Committee is currently and will continue to be engaged in reviewing all capital financing options. The FY 17 budget planning does not contemplate the Page 25 February 23, 2016 issuance of debt as part of the adopted budget. That does not mean that during the course of any fiscal year a proposal can't be brought forth to the Board regarding the issuance of debt for the Board's consideration. And the Board could consider the issuance of debt for a number of current and future capital initiatives. And between those two pages we've laid out a couple of different scenarios under which the Board might want to consider that. I'd be happy to talk about that as we get closer to the June or at the June workshop, or if the Board's pleasure today, after we hear the speakers. COMMISSIONER HILLER: May I just say one thing about that? It might be worthwhile looking at those numbers if you would stay for 11.B when we talk about the regional park. MR. ISACKSON: I've been asked by Steve Carrell not to go anywhere, so I will stay here. COMMISSIONER HILLER: Oh, Steve, you must be thinking what I'm thinking. MR. ISACKSON: And then finally, Commissioners, there's the schedule which is all important. The June budget workshop dates are tentatively set for the 16th and 17th of June, that 17th date if necessary. The adopted tentative maximum millage rates on Tuesday, July 12th. The Board receives the tentative budget after the workshop in June on the 15th of July, which is a Friday. And then the public hearings that are tentatively scheduled right now will be the 8th of September and the 22nd with your final hearing. And with that, Madam Chairman, I'll stand down and let you handle the public speakers and I'll resurface again. CHAIRMAN FIALA: Very good. We don't have any Commissioners on deck, so please call the public speakers. MR. MILLER: Ma'am, your first public speaker is Phil Page 26 February 23, 2016 Brougham. He's been ceded three additional minutes from Murdo Smith. I see Murdo is here. He will be followed by Dr. Joseph Doyle. COMMISSIONER BROUGHAM: Good morning, Commissioners, Madam Chair. My name is Phil Brougham and I'd like to just let you know that I do serve on the Parks and Recreation Advisory Committee. I'm not here officially representing that board but I can tell you that this topic has been discussed at multiple meetings of the parks board and we all feel it's very important to take some action. And my apologies for reading this, I've got a lot of points I want to make and I'd rather not miss any. In any case: If it's not broke don't fix it is a commonly used phrase we've all heard. During the recent recession Collier County was moved towards this strategy with respect to infrastructure repair and replacement due to falling ad valorem tax receipts. I am certainly not telling you Commissioners or staff anything that you do not know. And in fact Mr. Isackson's full presentation that I read before I came into this meeting obviously highlighted those deferred maintenance needs quite succinctly. All agencies in the county, including roads and bridges, stormwater management, fleet, facilities and most certainly parks and recreation felt the impact of these forced reductions and expenditures. The backlog of maintenance, repair and replacement projects grew faster than we were able to fund them, and that trend still continues. For example, the identified deferred maintenance for public services, of which parks is the majority, was 2,039,300 for fiscal '15; 3,107,000 for fiscal '16, and 5,625,000 for fiscal '17 projected. Our neighborhood community and regional parks are one of the diamonds in the crown of Collier County. Our parks have received national recognition for their excellence, and they are a magnet for Page 27 February 23, 2016 sports tourism; for example, the upcoming major pickleball tournament. In 2014 Collier County hosted 71 events, generating more than $20 million in direct visitor spending for 56,000 visitors. Many of our parks were constructed over 20 years ago and the facilities need constant maintenance and some are due for replacement, quite frankly. As just one example, during the recent storm in January, Golden Gate Community Park had a field lighting pole blown down by the wind. This concrete pole and others at the same field were well over 15 years old and had developed cracks which may or may not have contributed to the incident, but fortunately no one was injured. A prioritized and funded maintenance program might have called for replacing these light poles before one failed. Mr. Isackson's full presentation addressed deferred maintenance issue and did provide some alternative ways to fund the backlog. However, I did not hear nor did I see a recommendation. The project to implement a new asset management system which is being led by Dr. Yilmez's group will be an invaluable tool when fully implemented in all agencies; however, it will not be successful unless it's backed up by a sustainable funding strategy. Fortunately property values have increased over the past several years; therefore, there are more dollars available from the general fund for those projects. But this increase historically is not going to continue. It is my opinion, and I'm not a financial expert, that this Board needs to adopt an aggressive and creative funding strategy, directing the proceeds to a prioritized series of major capital repair and maintenance projects for all agencies. To rely nearly exclusively on the rise and fall of property values while keeping our millage rate the same has not and will not adequately keep our infrastructure well maintained. I have listened to various comments from the Board members and Page 28 February 23, 2016 from staff over the last several years about this issue, with suggestions of a franchise tax, selling new bonds and even potentially raising property taxes. And I do understand it's a tricky situation, particularly in an election year to talk about new taxes of any sort. But the alternative of having repetitive emergency repairs and potentially dangerous conditions is a worse scenario, in my opinion. There are 67 counties in Florida, and only 12, including Collier County, have not elected to impose the discretionary sales surtax, which is available. Counties have used rates varying from a half a percent to one and a half percent very effectively to fund projects like I have mentioned. Charlotte County implemented a one percent surtax in 1994 and used it for parks, public safety and many other projects. They announced in December, 2015 a $140 million project over the next 20 years to improve their park system. They plan to renovate all of their 79 parks using this funding. And I point this out only to serve as one example of what one county has done to address this issue. The past strategy has not worked, our backlog continues to grow, and our infrastructure and facilities continue to age. As you deliberate over the budget for the next year, please specifically request staff to study and make recommendations how to get on top if not ahead of our infrastructure issue. Because we cannot continue to fall behind in an accelerated rate. There are many options available, but in my view we need a consistent and dedicated revenue source to solve this issue. And thanks for your time. And I hope you do take some definitive direction today. Thank you. MR. MILLER: Madam Chair, your final speaker on this item is Dr. Joseph Doyle. He's been ceded three additional minutes from Sandy Doyle, who is seated back there. Page 29 February 23, 2016 DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle, Naples. Over the weekend I sent you an email regarding my concerns about the fiscal year 2017 budget policy. And as I was just here actually at your last meeting talking about the -- what's going on with the economy, I really am concerned about the assumption of seven percent growth in property values that the county is adopting from the state. At least I know at least from the presentation this morning where that seven percent came from. I think by the time we get to October, that is not going to be a reality. So I think that we really need to look at more conservative assumptions. I saw on the chart that the seven percent was kind of midway. We may need to be down lower to the three percent. And then you'll look at your growth and property values and the tax revenues from there. Now, I realize that we haven't fully recovered from the downturn of 2007, 2008 and that we did take a big hit in property values and therefore it's ad valorem tax receipts. I will say, as I said two weeks ago, the Great Depression was actually a series of four recessions. We may never recover from this. But to the previous speaker's point and also to what Mr. Nance has said over the years, we do have a lot of deferred maintenance so that needs to be prioritized, and I agree with the previous speaker on that. However, I do not agree within increasing taxes. We're a conservative Republican majority county and we believe in limited government. Limited government means watching our taxes. So in that regard I also have not seen anything about what is being done about further reducing the $500 million in debt and outstanding bonds that we have. I think that we need to look at that. As far as the compensation goes that's being proposed here, a three percent increase in wages when there was another increase last Page 30 February 23, 2016 year, you know, your senior citizens got no increase this past year. And the CPI was 1.6 percent. So I'd like to know why we're going ahead with another three percent. And as far as benefits go, the county employees are 80/20 on their insurance premiums. Well, I know industry is more going towards 75/25. So get that 25 percent out of the employees. And on top of that your small businesses around here, a lot of them have had to put their -- can't afford the premiums. They've had to put their own employees on Obamacare. And I know people who have gone on Obamacare. I am a physician. They are paying double premiums and they're paying quadruple deductibles. So why should the taxpayers who are feeling all this pain have more pain than the county employees when it comes to benefits? So I think we really need to be looking at a 75/25 cost-sharing arrangement when it comes to benefits. I'd like you to consider that for the policy. The other thing is that on Page 10 of the policy document it says that there's some legislation up in Tallahassee right now, SB-1222 and HB 1015 regarding the amount of the -- the millage rate can be increased every year. And as I've noticed over the last couple of years, and I've been here several times, as you know, over the years, you know, we don't go back to just the rolled-back rates. When you increase the millage back, that's really a tax increase. And it's especially a tax increase when you have increased property values. So I think we need to work within our means. A lot of your senior citizens and your other people have to work within their means. And when you say it's a couple dollars a month on a $300,000 house, that's fine if you're homesteaded and you have the Save our Homes homestead exemption as well. But who's really paying for these tax increases? Who's paying are your renters and your small businesses. They don't get the benefit of this. Page 31 February 23, 2016 And at the last meeting you were just telling everybody that you want to make everything more affordable for the young professionals here. So this is inconsistent with what you're trying to do. This tax policy is inconsistent. And I'd like you to take that in consideration and have the staff go back to the drawing board on some of this. Like I said, budget neutral in the face of rising property tax values is still a tax increase. We need to -- now, we've all talked about the revenue side here, but how about controlling costs? You know, we can do more work with less money if we can look at our operations and maybe look at a Six Sigma and do some lean and mean operational assessments here. For instance, I know that -- I've been told that the EMS could do a better job in collecting money for the insurance companies for its transport so that we could run that program a lot more efficiently. And then of course Pelican Bay, which I was actually kind of surprised to see in the policy document, because I would think that would be a surprise to the advisory board. But they could do a better job in outsourcing their landscaping to the vendors. As far as I understand, Pelican Bay is one of the only MSTBU's that has its own landscaping department. The county doesn't even have much of a landscaping department. They should be outsourcing and attaching onto those county preferred vendors for mowing the lawn, basically. We have people who are making $65,000 a year plus benefits, which would be $80,000, for mowing the lawn. So I think we can do a lot to control expenses. That way those monies could be used for some of this deferred maintenance and some of the other needs and maybe debt reduction and other things that are in the program without raising taxes. And certainly we don't want a new sales tax. So I thank you for your attention this morning. CHAIRMAN FIALA: That's all of our speakers? Page 32 February 23, 2016 MR. MILLER: (Nods head affirmatively.) CHAIRMAN FIALA: Okay, fine. Commissioner Henning, you're first up. COMMISSIONER HENNING: Well, as we get into potential borrowing for capital needs or maintenance, I think the Board really needs to take a look at what its priorities are. Priorities meaning taking care of the maintenance of building or expanding of parks or building of roads. You know, it's -- I think it's a great opportunity to give Mark some guidance to get together with the finance committee to take a look at potential of bonding new dollars. But what's the priority? You know, and I think this Board needs to do that. As far as the three percent increase in salaries across the board, why don't we do a different cost share of healthcare instead of across-the-board three percent? I mean, the healthcare costs are rising significantly. So you have upper administration that has a three percent increase is a far more benefit than a person on the street getting three percent. However, if you change the allocation of benefits, healthcare benefits, it equals out better. You know, the benefit is going to equal out better than a straight across-the-board three percent. That's what I would rather prefer to see is a different healthcare to -- allocation to really affect the people who need it. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: Thank you. I was very impressed by what Mr. Phil Brougham brought forward before the Board. Not just this year, but in all prior years that he has spoken. Because you have been consistent with your message. Leo, how is the asset management system development going? Do we have a prioritization within the different divisions of what we think needs to be funded for repair and replacement? And are we working on establishing reserves to be able to execute on those priorities? Page 33 February 23, 2016 MR. OCHS: Short answer is yes, ma'am. I think we're more mature in our asset management development in our public utility and growth management divisions at this particular point in time than we are in our public services and administrative services area. But we do have a handle on those assets. We need to continue to work to define that in more detail. But we're certainly capable of bringing this Board a priority list of deferred capital and equipment prioritized for each department, if you would like to see that. And that's something we routinely do as we prepare your budget workshop information for June. COMMISSIONER HILLER: I think it's important that we evaluate that. And maybe you can share that with Phil also so he has an opportunity to take a look at whatever we would get. I think the important thing is to look at the financial feasibility with respect to the execution of those priorities over the time period that it's anticipated that those issues will arise. It's all about matching. And we need to be sure that when the time is right we have the means to do what's necessary before we have a problem like what happened going way, way back. Remember when they were trucking sewage up to Lee County because the system was -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- overfilling. And Dr. George, thank you for everything you've done with respect to utilities that we don't have those kinds of issues anymore. I think Leo appreciates it. But yeah, I do think that it's a very, very important issue. On the one hand we do have aging infrastructure. On the other hand we have a lot of new infrastructure that is being built. And I think we need to have as good of an understanding of what's going on as possible. Dr. Doyle made a statement which was very interesting to me. He said that he did not believe the state's projection of a seven percent increase would come to pass and that by October the situation would Page 34 February 23, 2016 be materially different. Dr. Doyle, what is it that you have by way of information that would suggest that very dark scenario? DR. DOYLE: Well, I read several financial columns every day, and we're looking at a downturn here. So seven percent would be pretty rosy. COMMISSIONER HILLER: You're saying that we're in a real estate bubble and we're going to see a collapse before the end of the year; is that what you're projecting. DR. DOYLE: You can see a stock market collapse, you can see a bond market collapse, you could see a real estate market collapse. We are fortunate here. There are several areas in the country that are having housing problems. So we are in a little bit of a bubble. Not from the standpoint that it's real estate, but we live in a bubble here, insulated, you know -- COMMISSIONER HILLER: I would ask that any specific information you have that would substantiate the risk of a real estate bubble that you forward to staff. Because I think, you know, if you've got stuff that others like at the state level are not paying attention to because we're local and it's, you know, a very local issue, I think staff would really benefit if you could forward that to Mark Isackson. DR. DOYLE: I'm happy to do so. COMMISSIONER HILLER: I'd really appreciate it. DR. DOYLE: Absolutely. COMMISSIONER HILLER: Thank you. It's important. CHAIRMAN FIALA: Okay, Commissioner Nance? COMMISSIONER NANCE: Yes, I would like to echo Commissioner Hiller's comments about Mr. Brougham's presentation. I think in a few brief minutes he summarized once again for us things that certainly he's said before, I've said many of the same things and many of the people on the dais have said this over and over again. Page 35 February 23, 2016 There are a few things that we need to accept as reality here that are difficult things. Number one, in our community, like every other community, where we have the bulk of our revenue coming from ad valorem taxes that are primarily residential in nature, a residence consumes approximately a dollar and a quarter in services for every dollar in taxes that it pays. This is something we can't run away from. This is something that people somehow don't believe. But the statistics and the reality of it is that it's that way. So we need to confront this and we need to get ahead of it. Secondly, unfortunately because we have so much deferred maintenance on our capital infrastructure, and this is not a situation that's unique to Collier County, it is nationwide. We're actually very fortunate because our infrastructure is not all that old. But since we have built the majority of our infrastructure starting about 20 years ago, it's now time that we have to replace a lot of it and we're starting to look at these costs. Because of the recession and because of our deferred maintenance and replacement policy, we are right now operating in the absolute most expensive way we could ever choose to do business, and that is we're on break-and-fix maintenance, we're making one-time emergency repairs to bridges, things of that nature that are complete lost money. That's money that's never going to come back. I truthfully believe that the issuance of debt at this time is appropriate because I believe if we simply put pencil to paper we are going to find that the issuance of debt and the replacement of these facilities at the cost of money today is going to be much, much cheaper in reality than it is to continue to go on a break and fix and emergency repair maintenance when those dollars are perpetually lost. So I think this is an economic question. I think it's a mathematics problem. And I think that staff and Mr. Isackson are completely Page 36 February 23, 2016 capable of giving this Board a fair analysis of the true fully loaded cost of continuing to do business as we are today because we find ourselves in this circumstance. This is not a choice that we made. Or, you know, issuance of new debts or creation of alternative revenue streams. I think it's very appropriate, and like I say, it's a mathematics problem. I think it's just a question of good management. So, you know, we have -- in this proposal is a dedicated expenditure for restarting the landscape program, for example. That's something that's got broad support on the Board, not so much with me but broad support on the Board. So I'll let that go. I'll let that go for a second. But what I'm telling you is I believe truthfully that our citizens will support thoughtful revenue and possibly even, I'll say it, tax increases if those monies are put in silos to do what everybody realizes we have to do. Nobody wants to increase taxes, but nobody wants to drive across a bridge that fails either. And we're actually looking at those sorts of things. And our nation is too. So I think it's time to step up, take a bite of the apple and figure out what we're going to do here, because this situation is not going away. I commend staff for doing their very best, and I think they always bring together a budget that tries to balance things. But you can only move the same pieces around on the checkerboard for so long before you have to figure out if you need more horsepower to do what needs done. So I think we're coming to that moment. CHAIRMAN FIALA: Thank you. This weekend, as most of you know, I was in Washington D.C. I serve on the National Association of Counties' Energy, Environment and Land Use Committee. And there were many topics. Of course this is countrywide. But one of the big topics is preparing for the baby boomers. And Page 37 February 23, 2016 if you don't start preparing for them now, they're going to hit you hard. And then you're going to be -- you know, you're going to be behind the eight ball. One of the things I believe as we repair and replace our aging equipment is we're preparing in a way to then accommodate the baby boomers as they come in by either building bigger sewers, by preparing the landfill. I think these are very important things, and with such a hot topic where some states hadn't even begun to prepare. Although we're going to be hit much harder by baby boomers than anybody else in the country, because who doesn't want to retire here? I mean, we all do, right? I mean, here we are. And so I think that it's -- I feel -- I felt very proud of us in the advancing theory that we're preparing for the baby boomers. And I have to say Nick also, Nick and David, we're preparing our roads, because we know there are going to be more people on them and we better make sure that the roads can accommodate them. So I think this is an important thing and I think Mark has taken some of that into consideration as he prepares the budget. Any further comments? MR. OCHS: Madam Chair? CHAIRMAN FIALA: Yes, sir. MR. OCHS: Commissioner Henning raised a question about our health insurance premium allocations. If I could ask the Board for a minute of indulgence for Mr. Walker to briefly explain that, I think it will get to Commissioner Henning's question, hopefully. MR. WALKER: Good morning. Jeff Walker, Risk Management Director. Sorry, I just ran up three flights of steps. Back in 2002 the Board directed us to go to an 80/20 split. At that particular time we instituted a tiered rating structure where it's in $25,000 increments, essentially, but there are four of them. But essentially those folks who fall into the lower tiers pay much less than Page 38 February 23, 2016 the folks who are in the upper tiers. So for example, currently if you're in the upper tier, the over 75,000 tier, you're really paying more like 25 percent of premium as opposed to 20 percent of premium. So that's been in place again since 2002 for quite a long time, and that's how we've dealt with that issue. MR. OCHS: Does that answer your question, sir? COMMISSIONER HENNING: Yeah. COMMISSIONER NANCE: Sir, is that a taxable benefit? MR. WALKER: No. COMMISSIONER NANCE: Is the insurance taxed? MR. WALKER: No. COMMISSIONER NANCE: So if we give them more insurance benefits, that's not something they have to pay taxes on. If we give them a three percent increase in pay they have to pay taxes on that. MR. WALKER: Correct. Again, the premium that goes toward the healthcare expenses is not a taxable benefit. And the out-of-pocket piece which employees pay is -- we do it pretax, we have a premium conversion plan. So there's a tax benefit to both the county and the employee in that program. COMMISSIONER HILLER: I think, though, what Commissioner Nance is suggesting is that if you gave them more by way of health benefits as opposed to a pay increase that net to them is actually higher because it's a non-taxable event. MR. WALKER: We would have to look at the math. But I understand the principle of what you're saying, yes. CHAIRMAN FIALA: And, you know, I think with regard to our employees, one of the things we've sadly had to -- we've lost quite a few employees because these can make more money and get more benefits elsewhere. So we take people, we've got them trained, they're excellent on the job and then they go to a better paying job. Page 39 February 23, 2016 So I think it's essential that we think of the ramifications. You lose your people who are already trained so then you have to go back, hire somebody. Yes, you hire them possibly at a lower wage, but then how long does it take in order to get them up to speed to be able to do the job that we need them to do? So I think this is all in keeping with keeping our employees here. We're not giving them a big raise, but I think that the insurance rate, 80/20, that's about normal. You might find somebody someplace that gives a little bit less. And Dr. Doyle said something about the trend, I haven't heard of that trend, quite frankly, not in our community. And so I would prefer to continue with the proposal as Mr. Isackson has given us. Commissioner Hiller? COMMISSIONER HILLER: I agree with you, Commissioner Fiala. You know, in the government sector the salaries are usually lower than in the private sector. And then if we do lose employees who we have trained and invested in to the private sector as a result, it adds to the cost of the position. It makes that position that much more expensive. So, you know, to compensate fairly and to benefit fairly in a manner that retains staff so that we, you know, get the return on our investment, whether it's, you know, training or experience is definitely worthwhile, considering. And I think we have to be very careful in how we compare ourself to the private sector, because we are not the private sector. CHAIRMAN FIALA: Okay, any further comments from anybody? (No response.) CHAIRMAN FIALA: Do we need to approve this or do we just move on? MR. ISACKSON: Commission-- go ahead. Page 40 February 23, 2016 MR. OCHS: Yes, ma'am, we would like a motion to approve the guidance so we can prepare our budget around the guidance document. CHAIRMAN FIALA: Very good. Do I hear a motion from the Commissioners to approve the guidance? COMMISSIONER HENNING: So moved. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: I have a motion and a second. We've had many comments, no buttons are on, so I say all in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Thank you very much. MR. ISACKSON: Thank you, Commissioners. COMMISSIONER TAYLOR: Well done. MR. OCHS: Madam Chair, you have a 10:30 time certain. It may be appropriate for a court reporter break before you begin that public hearing? CHAIRMAN FIALA: Good thinking. Okay, we'll take a 13-minute break and be back at 10:30. MR. OCHS: Thank you. (Recess.) CHAIRMAN FIALA: Please everyone, take your seats. County Manager? Item #9A Page 41 February 23, 2016 ORDINANCE 2016-04: 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 AN AGRICULTURAL (A) ZONING DISTRICT WITH A MOBILE HOME OVERLAY (A- MHO) TO A COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) ZONING DISTRICT TO ALLOW UP TO 100,000 SQUARE FEET OF COMMERCIAL USES FOR A PROJECT TO BE KNOWN AS WESTCLOX 29 CPUD ON PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF SR-29 AND WESTCLOX STREET IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 9.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE (PUDZ-PL20150000660) — ADOPTED MR. OCHS: Yes, ma'am. That takes us to our 10:30 time certain hearing this morning. This item requires ex parte disclosure and participants are required to be sworn in. This is a recommendation to consider a rezone from agricultural zoning with a mobile home overlay to a commercial planned unit development for a project known as the Westclox 29 CPUD property located at the southwest quadrant of SR 29 and Westclox Street in Immokalee, Florida. It would be appropriate, ma'am, to take ex parte at this time. CHAIRMAN FIALA: Thank you very much. We'll start with Page 42 February 23, 2016 Commissioner Henning. COMMISSIONER HENNING: I spoke to David Wilkinson on this. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: I spoke to county staff and to Mr. Yovanovich. CHAIRMAN FIALA: And I have spoken to staff. Commissioner Nance? COMMISSIONER NANCE: Yes, I've read the staff report and spoken with staff. COMMISSIONER TAYLOR: Staff meeting of course about this and staff report, but no other contact. CHAIRMAN FIALA: Very good. So you want to swear in the people who would like to speak. (All speakers were duly sworn.) CHAIRMAN FIALA: And we have with us Mr. Wayne Arnold. MR. ARNOLD: Good morning, Commissioner Fiala and County Commissioners. I'm Wayne Arnold, for the record, professional planner on the case. And with me is David Genson from Barron Collier Companies and Rich Yovanovich, who has been handling the land use law aspects of the case. This is a fairly simple 10-acre rezoning request in one of your neighborhood centers in Immokalee. And rather than go through a lengthy presentation I thought I'd focus right in on the singular issue that I think we have and that is that this would have been on your summary agenda had staff not suggested that a handful of our uses are not consistent with the neighborhood center designation of your Immokalee Area Master Plan. We disagreed with them, and your Planning Commission unanimously supported our request with the uses that we had proposed. Page 43 February 23, 2016 There were a handful of uses that staff had recommended that are not consistent. And it comes down to one word in the Comprehensive Plan and that is convenience commercial. And staff has identified that as being consistent with the C-2 zoning district. We have some uses that would be C-3 uses. And I think that's really been our disagreement. Some of the uses, for instance, are governmental offices as one of those uses on the list that they don't concur with. But the actual language in your Comprehensive Plan says that in addition to governmental uses the following uses are also permitted. So we think that's a clear example where we are consistent. Another one was a liquor store. We can have a convenience store in C-2, I can have a drug store in C-2 that both could sell liquor, but a liquor store staff found that not consistent. We disagree with that. Another example is a lawn and garden center. We think that's an appropriate use for one of the neighborhood centers. And so we have those uses, they're in your executive summary. We hope that you'll find us to be consistent with the plan. CHAIRMAN FIALA: Thank you. Do we need to hear from staff as well? MR. OCHS: Yes, ma'am. MR. BOSI: Mike Bosi, Planning/Zoning Director. It is similar in issue related to the Comp. Plan finding of consistency. When we read the neighborhood subdistrict we read it to state that commercial uses as well as schools and other institutional uses had to be associated with residential development or in close proximity are provided for within the scope of their intended market. And the intended market for these commercial areas are supposed to be within one mile. Those are traditionally your neighborhood retail uses. We don't disagree with the uses, we disagree with the size limitations. Normally within a neighborhood center you have a small Page 44 February 23, 2016 center underneath a certain threshold of square footage because your market area is relatively small. The larger -- the greater square footage, the larger your market area. If you had 100,000 square feet that was unlimited with your square footage, you could have 100,000 square feet of hardware store. Now that's not a neighborhood center in our minds, that would be a community commercial that has as larger draw. So that is the disagreement with the Growth Management Plan staff. And we found that it was inconsistent with the language. But we do recognize there's opportunity within the language for a different interpretation. And the Planning Commission found that interpretation and agreed with the petitioner and it ultimately needs the Board of County Commissioners to provide that clarification. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Yeah, the -- this property, is this where it once was proposed to be a Wal-Mart? COMMISSIONER TAYLOR: No, it's not. MR. BOSI: And I brought two master plans to the Immokalee Area Master Plan. And this is just south of the Immokalee -- or the Wal-Mart proposal. If you look -- sorry about using my finger. If you look at that blue center there, that's the neighborhood center subdistrict we're talking about. The upper half of that neighborhood center subdistrict has been rezoned to Jefferson Commercial, increasing the commercial land uses that are provided for within that area. Basically it's taken away the ability of that neighborhood center to fully function. From staffs perspective we don't disagree with the uses that are being proposed as they're proposed from a zoning standpoint. We just see that the Growth Management Plan has not been updated to show the change within the land use arrangement. Page 45 February 23, 2016 And ideally this zoning petition would have included a master plan change small-scale amendment. What we do recognize and would tell the Board of County Commissioners, if you do make this change, when we go to the Immokalee Area Master Plan, the last of the four restudies, that this will be one of the areas that we will most certainly study. And in relationship to that, this is the -- was the proposed Immokalee Area Master Plan which would be the basis of the start of that analysis. And if you look, this area where this proposed rezone is at is designated CMU. It's commercial mixed use, meaning the full range of C-4 uses that are being proposed by this PUD would be in agreement. So staff does not disagree that from a zoning standpoint, from a compatibility standpoint that this is a use that could be found compatible and has satisfied the other reviewing departments, it's just simply from the standpoint of what a neighborhood center subdistrict provides for. We had a disagreement without those square footage limitations. And that's really the heart or the essence of where the disagreement is. COMMISSIONER HENNING: Right. MR. BOSI: But there is enough -- there's opportunities to read the code and there's no limitations in the Growth Management Plan. The Immokalee Area Master Plan does not have square foot limitations, you have to go to the Land Development Code where the limitations are imposed on C-1, C-2 and C-3 that is relationship (sic) to how we found this to be inconsistent. So that's really where the disagreement has laid with staff related to the proposal. COMMISSIONER HENNING: Well, I appreciate staffs read of the Board's laws, and really don't disagree. However, my opinion, the Immokalee Area Master Plan and particularly within the Land Development Code for the Immokalee -- the implementation of the Page 46 February 23, 2016 subdistricts is not flexible enough. And that's the only way that you're going to get more businesses to serve that community is to be more flexible. There's freestanding buildings there now that are empty and could be filled but there's limitations on what can go in there. That's my opinion. But I'll defer to the commissioner of the district. MR. BOSI: And I would add ultimately it is the Board. The Board is the final interpreter of the Growth Management Plan, the Immokalee Area Master Plan. And if you believe that the regulatory flexibility is inherent within that interpretation, it's most certainly within your discretion. COMMISSIONER HENNING: Yeah. But again, the analysis by staff to bring objective to the Board is very important. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Yes, I think it's very important for staff to come to the Board with a recommendation in one direction or another. I greatly respect the mixed opinions that we can have with staff. But it's frankly embarrassing to have to have a public hearing on something because staff is having a conflict with itself. At the end of the day somehow staff has to come together and make a recommendation to the Board of some kind. You can't recommend yes and no at the same time. This makes absolutely no sense. The public has every reason to be embarrassed by this methodology. You know, we have a -- now have a office of economic -- Department of Economic Development within the county that's -- whose mission it is to do everything it can to encourage people to come here. And, you know, we have flexible laws. I see the language in front of me that adds -- you know, if you look at it as a zoning issue, it has the verbiage, any other convenience commercial uses which are Page 47 February 23, 2016 compatible in nature with the foregoing uses. So the flexibility exists. And I think in circumstances where it is a contentious issue and there's a lot of differing opinions or objections to something and there are different competing interests, it's certainly important to discuss the narrow view and the broad view. But in the circumstances like this where I couldn't find anybody that thought it was a bad idea, I think we need to make the decision as a public -- as local government to take the broad view and let people invest their monies if they want to and not drag them through the mud when there isn't anybody that can find an objection to it and there's so much in favor of it. So I'm just going to let that go. I'm a little disappointed in getting a mixed message, but I'm going to make a motion to approve. CHAIRMAN FIALA: Second. Commissioner Taylor? COMMISSIONER TAYLOR: I take a little bit different view of this. I think staff has to error on the very conservative side. I think we're the arbiters here. I think that you did your job and you did your job well. And I understand it's kind of like -- there's a wonderful expression which I've lost now. It's like something dancing on the head of a pin where this is -- you know, understanding the county like you do, understanding what's needed up there and yet looking at what is written. So I commend you for your position on this. I will support the motion on the floor, but I think you did a great job. CHAIRMAN FIALA: And I just wanted to say, excuse me, sometimes when there is a little bit of dissension there we always take a look to see what the Planning Commission has to say, what their recommendations were. It was a resounding yes for this proposal. From what I've been advised is that the Immokaleens that have weighed in on this are excited to see something new being built in their Page 48 February 23, 2016 community, they're looking forward to it. And of course the bottom line is it's the people that count and we have to think of them. So that's why I seconded the motion. Thank you. Any further comments? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Thank you very much. 5-0. Item #11B APPROVE THE MASTER PLAN FOR THE DEVELOPMENT OF BIG CORKSCREW ISLAND REGIONAL PARK - MOTION TO APPROVE THE CONCEPTUAL PLAN AND STAFF TO BRING BACK OPTIONS FOR FUNDING IN PHASES - APPROVED; MOTION FOR STAFF TO BRING BACK COSTS FOR THE BUILDING AND MAINTENANCE OF AQUATIC FACILITIES — APPROVED MR. OCHS: Commissioners, that takes us to Item 11.B on today's agenda. This is a recommendation to approve the master plan for the development of the Big Corkscrew Island Regional Park. Mr. Williams, your Parks and Recreation Division Director, will begin the presentation. Page 49 February 23, 2016 MR. WILLIAMS: Commissioners, good morning. Barry Williams, Parks and Recreation Director. Just a few minutes, we just want to go over with you our planning efforts in terms of this park. We hired Stantec to lead that effort and Mr. Tim Hancock, our Professional Planner, was involved in that process. And I just want to turn the mic over to him and allow him to go through that process with you. He's just loading the presentation up real quick and we'll get started. MR. HANCOCK: Good morning, Madam Chairman, Commissioners. Tim Hancock with Stantec. And I think you'll be pleased to know if you saw the title of this presentation, it has the word short attached to it. We've reduced -- from what was in your packet, we have reduced that somewhat to give you a little more of a summary. And I'm sorry we're -- I'm not getting my mouse to do what it needs to do here. There we go. Terrific. Thank you. And I appreciate your indulgence. Again, my name's Tim Hancock with Stantec. The plan we're presenting to you today is a culmination of 16 months of public meetings, workshops, on-line surveys, phone calls, emails, challenges, opportunities. And quite honestly, a whole lot of fun. Commissioner Nance has been to almost all of the public workshops, if not all the public meetings we've had. And this has got to be one of the most enjoyable experiences I've had in 25 years as a planner, working with a great community on what I think is going to be just a phenomenal project. And what I'd like to present to you today is -- this is not Stantec's plan. This is the residents' plan. We literally put the pen in their collective hand, acted as a guide along with a lot of other folks to get to a plan that we think reflects their hopes, desires and maybe even now Page 50 February 23, 2016 and then a dream. Quick background. What you'll see here basically are three parcels. The green parcel is the original 59-acre parcel that was part of the Orange Tree PUD. It consists of 49 acres just north of the canal and a 10-acre what we call a stovepipe south of the canal. In 2008 the county acquired at no cost approximately 97 acres of land. That land was called a lake but I will tell you it's less of a lake and more of a scrape or a pond. And it's going to need a little bit of work. Below that is another three acres that was part of a land swap with the school district. So in total we're dealing with approximately 160 acres of land. You'll see a few different numbers as you go through your packet. The full boundary of this has not been surveyed in total, so I ask you just to have a little bit of flexibility. Whether it's 157 or 160, we're dealing in a ballpark number. Quick history: In 2006 the county actually developed very detailed plans for the 59-acre park, up to about a 90 percent completion. Because of the recession, those plans were shelved. What we discovered is -- we were asked to come out and roll out the 2006 plan and litmus test it. Ask the community, what do you think, are we still in the ballpark. And while there was a high degree of correlation between the uses in that plan and what the public was looking for, we found a few other things that were a little more concerning. Number one is there seemed to be a level of distrust with the public about how the plan was created. And I think that was exacerbated at the time because there was a private sector initiative going on that got melded with this plan somehow and there was a lot of distrust out there. Second was a general disconnect was expressed to us from some of the civic associations and the process itself. Page 51 February 23, 2016 And so this Board directed, back in May of 2015, to go back to the community, in essence let's start over, let's bring everybody in under the tent and see how we can put this together. And that's exactly what Stantec did. We created an environment for collaboration. And the first step was a public workshop we called Idea Generation. Now, we've done visioning all over the North America, all over the world, but for a park it's a little bit different. So we laid out the mapwork and said okay, here's the sandbox you have to play in, here's your 160 acres. In an idea generation one of the keys is there's no such thing as a bad idea. There are no hogs allowed. In other words, if there was somebody at the table who was dominating the conversation, our facilitators were asked to step in and ask somebody else at the table for their input, make sure that everyone there was represented and involved. We had a lot of fun with that. We'd even come up behind people, if I got a little signal, and kind of make a pig sound to let them know they might be dominating the conversation. And when I say we had fun, it was very lighthearted and enjoyable. I'll tell you, the facilitators, we brought planners down from Tampa, Sarasota, Fort Myers and Naples. And we were -- we also added and trained some of your county staff as facilitators. So we had folks from Parks and Rec, volunteer services. So it really was a team effort and a collaborative effort. Out of that initial workshop 85 separate park ideas were generated. So each group had a scribe, they would list the ideas from their table, and then at the end they would come up and present their ideas and we would kind of cross off duplicate ideas. At the end of the night we had 85 different ideas. Now the question was how do we implement those. We had already determined we were going to use an on-line Page 52 February 23, 2016 survey to help create priorities. We used a vehicle called SurveyGizmo for a variety of reasons. So that was the next step, let's prioritize and go from there. The on-line survey kicked off the next week. Went on for several weeks and we scheduled a second workshop. The second workshop literally was where we give them the list of ideas that were prioritized through the survey, we put the pen in their hand and they began drawing their own park. Every table had their own design. When we were done we had 17 different citizen designs. But we had some issues we had to talk about. Number one: The 97-acre lake really is a combination of a small area to the south and you can actually see it along the southern edge of the lake that you see up here. That area has been dug to a fairly significant depth. The rest of the lake is at varying degrees of depth between just a couple of feet and maybe six or seven feet. And it varies throughout the body of what looks like water there. As a result cattails have grown in and whatnot. The problem is that the overburden has been taken off of that area. In other words, someone scraped down to the rock and what's left is just rock. And so the county, who owns this property, is going to have to do something with this lake. We're either going to have to dig it deeper to make it a real lake or we're going to have to fill it in to turn it back into land. So regardless of where this plan goes, there's going to be something about that lake we're going to have to deal with. So we presented them a sandbox, if you will, that said we're going to assume we can fill the shallowest parts of the lake and this is what is you have to draw within. We then prioritized and showed them at that point the on-line survey results. I was hopeful the on-line survey would produce more than four or 500 responses. By the time of the second workshop we had over 800. And as you'll see later we ended up with over 1,400 Page 53 February 23, 2016 responses to the on-line survey. It was a phenomenal response, and we have a lot of groups to thank for that. But what we did is we took the green area and said this is what you have to draw in. We gave them the list of priorities, which we discussed them all, what they were and were not. And then we gave them, you see the bottom left here, is actually a template. It was to scale ball fields, multipurpose fields, parking areas, playgrounds. So they had the pieces. And their job was to put the pieces, lay them out and draw them up. As you can see here, each group had their own design. Some of the designs had some great ideas, some of them had some terrible ideas, some of them were very myopic in that maybe that group only wanted one thing, and some of them were more diverse. We then took those ideas and tried to pull from each of them what we could to create a good plan. These are the survey results that were completed. Over 1,430 people completed the survey. Average time to complete was just under six minutes, which is why I think we had a high completion rate. And the way the survey worked was you took the 85 ideas, we boiled them down into 25 groupings; in other words football field/soccer field was under the heading multipurpose field. So you were asked to pick seven elements. And then if you picked for example multipurpose field you then got a drop-down question that said what are your top three uses for a multipurpose field. So we were able to get broad scale and then a little more of a refined approach. And just so you know, these are the survey results, broken down into every kind of graph form you can imagine. And it was thorough and it was great. One of the other things we were able to do is, I was a little concerned about ballot stuffing. I was concerned that a special interest Page 54 February 23, 2016 group may have their folks go out there and hit the survey over and over and over. It's fine to get the word out and be represented. But we were able through SurveyGizmo to go back and look at IP addresses and see if anyone from a single IP address had done 30 or 40 surveys. Turns out there was only one bad apple in the group. Somebody had five responses from the same IP address, and it was Collier County. We believe it's probably a library. Hoping. And it may have been Barry Williams office, I don't know. But nonetheless, nobody had more than five responses from a single IP address, so I think we can see that -- COMMISSIONER NANCE: It was Commissioner Fiala on that pickleball. MR. HANCOCK: That's something else I learned, don't ever say tennis pickleball courts, say pickleball tennis courts. You have to put pickleball first now. And the pickleball people are ferocious, I have to tell you. They are -- CHAIRMAN FIALA: Passionate. MR. HANCOCK: -- passionate, yeah. Well, you weren't there, in all due reference, ma'am. No, they're a great group of people. And actually by the end of it we kind of had names for each other. They had a lot of names for me. But you know, you'd recognize somebody as oh, that's a pickleball lady, oh, that's -- you know, because they were really truly passionate. And it wasn't just pickleball, it was a number of other things. But here are the survey results. You have them in your packet, I won't belabor that. But we got the survey results, we had the plans, now it's time to put them together. And we did put them together into a draft color plan. But we weren't done yet. We went back to the Parks and Rec Advisory Board; we felt their input would be critical to you, therefore critical to our plan. Page 55 February 23, 2016 We met with them, we got some good input from them about some street alignments, some things to look at, and we put those on a change list, if you will. We then went back to the community on December 1st of last year and we discussed the plan again with them. Took more input. There were things like the horse trail movement had really gone full board. You know, hey, are there too many multipurpose fields out there. What about pickleball? You know, there's only like -- you know, we need more pickleball courts. Please consider the residents to the north. Everyone wants to talk about Orange Tree and Waterways and whatnot, but we have Estates to the north as well, we need to consider them. And the last question of course that you guys get to wrestle with is how are we going to pay for this? I'll give you a quick review of the park elements. And with your permission, I'll kind of-- it may be easier for you, whether it's on the screen or the board up here. What we were able to do when we put the citizen plans together with a list of priorities is we wanted to look at -- I'm going to call everything north of the canal for this part of the presentation Phase I, and I'm going to call everything south of the canal Phase II. In reality, when you see our recommendations at the end, we're going to break it down into a suggestion of three phases. But for purposes of this conversation let's just say everything north of the canal is Phase I. One of the criteria that we looked at was how can we maximize the park elements north of the canal. And one way to do that is to move all of the water management south of the canal. So you'll notice there are no lakes in Phase I. And the purpose is that we have all the water management to the south. That allows us to maximize the most immediately developable area at the least cost. So we were able to put, of the top 15 elements, 12 of them fit in the first phase. Number one, pathways and trails. That was a little Page 56 February 23, 2016 surprising. When you think about a park pathways and trails don't necessarily rise as the first thought. But recreation, walking, cycling, those types of things. Secondly, a playground. The playground got a significantly high number of hits. That tells me they aren't just looking for a playground, they're looking for a statement. They're looking for something significant, not just a tot lot. Pavilions and shelters, amphitheater/outdoor movie watching lawn. That was kind of a combination. And you can imagine the word amphitheater scared some people because of potential noise. But you'll see from the plan here the event lawn and stage area are fairly small. We're not talking about something that could house a concert with a rock band, we're talking about something that might be a high school jazz band on a Friday night. That's kind of the size and scope here. Multipurpose fields, dog park, swimming pool, splash park, lake, amenities, community center and outdoor supporting courts. By outdoor supporting courts, that really falls into something outside of just pickleball or tennis. One of the things I'd like to point to you in this plan is a concept that we pulled in based on the open space and the desires people had, and that is the event lawn here. Increasingly we're seeing that if you have the land available, having community gathering spaces is an amazing tool. Too many times we build parks and they have facilities, but what about that flexible space for arts and crafts fairs? Food truck rallies are becoming a very popular community activity where you might have restaurants and food trucks that all gather on a given night a week. So having some flexible space for community events, community activities, particularly where you're in the Estates where things are so spread out could be an asset. And that's what the event lawn is intended to do. Going south of the canal we made a little change here. You may Page 57 February 23, 2016 remember from the first plan there was no more green over on the right-hand side where the shallowest part of the lake was? One of the things we discovered in the process is because of the fact the overburden has been removed from this area, it may be just about as much money to dig as it is to fill. There may not be a tremendous cost savings going one way versus the other. And there's some reasons for that. And if you want to get into those details, we can a little bit. So we had a little more flexibility. And one of the ideas that your County Manager had, which is a good one is, the ball fields being over to the west side, there's going to be future residential over there, so you may be inviting problems by putting lighted ball fields right next to where homes are going to be. So let's shift those over a little bit. The second thing is we were rerouting the roadway as it came through. And I do want to point out that while the primary access to this park will come in off of 39th and Immokalee, this park has the ability also through the Orange Blossom Ranch project, in association with this PUD, to have an access down to Oil Well. So there could be two ways in and out of this park, which would be great for disbursal and great for access. But the second phase continues the pathways and trails, includes a multipurpose indoor sporting facility. You can also see there's green space around it so that this could be enlarged if necessary or driven or it could be kept at its proposed or even smaller size. You also have -- these are full-sized softball fields; they're the largest fields out there. Little league is smaller. So we plugged in four adult softball fields as placeholders. And then of course you have gardens and whatnot. But what you'll notice is the pathways, the open space, the green space. We kept hearing from residents, keep it green. Don't just put facilities in there, make it a place people want to be, walk, share, go out and have some unstructured space. And that's kind of a planning term we use for that. It's just whatever you choose it to be, whether it Page 58 February 23, 2016 be a picnic spot or whatnot. There were some things that were thrown out there that we did have to invoke a small amount of reality. One of the suggestions was a lazy river. Great idea. However, to build a lazy river you wouldn't get anything else, because it's so expensive and whatnot. So we discussed with the group and they understood, okay, maybe that can't be included. The other one that may be incompatible was the archery range. I didn't see that right next to the multipurpose fields going very well. So we kind of set that one aside. You'll see it in there. And the zip line course sounded great. I'm not sure that your County Attorney's Office wants to see a zip line course at the park. MR. KLATZKOW: I'd enjoy it. MR. HANCOCK: So that's going to be a public/private partnership and they'll carry the liability on their side. COMMISSIONER NANCE: We asked them to start at the landfill and see how far we could get. MR. HANCOCK: But actually there's other things not on the list that can be built back into the plan. For example, if the frisbee golf people want to do a course, there's room within this plan to create that. If you want to do a zip line course. What you have before you really is a template and it's a snapshot of expression of desires at a given time. And now I'll go directly into recommendations and then open up to any questions you may have. Number one is we really suggest, based on the public input we got and the strength in the pathways, the trails, the green, the playground, is to look at this as a park that sets itself aside from the other county parks in a different way. And a large-scale interactive playground area would help do that. If you think of something like a Cambier Park, you know, that is a destination playground, it's not just Page 59 February 23, 2016 something to do while you're there doing other things. I think this park could have, with the surrounding of families and everything, I think this has a great potential for being that. Secondly, unstructured space to allow for a range of community uses, and also keep it green. I had mentioned earlier the three-phase approach and I'd like to go over that quickly and then conclude. Number one: What we're recommending is in Phase I you put as many of the facilities as you can afford to do north of the canal. But because of the absence of lake areas in the master plan, we are going to have to have some dry detention north of the canal, about 10 acres. So until we get the lake permitted on the south as a water management receiving body, we're going to need some dry detention on the north. So 10 acres actually out of that 49 isn't a whole lot. But we would create -- basically scrape temporary detention areas outside of the facilities that you're planning and that would be your first phase. Your second phase would be when the water body down here is permitted to receive the stormwater management, you'll then develop the rest of everything north of the canal. And then your third phase will be the physical development south of the canal. You can do it all at once. The only negative is that the lake area to the south, there's a possibility that we have some Army Corps of Engineers jurisdictional wetlands that are in that lake area. We're not certain of that; it's a possibility. We think it's arguable. However, if that is determined, that Corps process can take 18 to 24 months to complete. And I don't think we want to sit and wait for everything on the north until that process is done. My suggestion to you is to run it simultaneously. Run your first phase to the north while pursuing the permits to the south at the same time. And that way people get park facilities sooner rather than later and we can move forward in tandem with these ideas. Page 60 February 23, 2016 The benefits of this approach are creating development phases consistent with available funding. It will allow scalability. For example, the community center you see is a 10,000 square foot community center. That's kind of where most of our community centers end up. Doesn't mean you have to start there. Most of our community centers are built in phases. Scalability also applies to the multiuse fields or possibly even the indoor facility to the south. Third is that it provides the time and the schedule to really fully investigate the south piece. We know we can use that south piece for water management. Orange Blossom Ranch has water management rights to that water body, as does the county. It can be a joint facility. Agnoli, Barber and Brundage has run the preliminary numbers to determine that that lake size and shape would be suitable to accept the receiving waters from Orange Blossom Ranch, from the county park and from the future utilities site all in one body. So everybody benefits here. But it's going to take some time to get that permitted and designed. And in the course of that permit we'll be able to fine tune the potential cost. Does it make sense to create more land space down there or is it too costly to create land space? We don't know exactly. Preliminary numbers tell us that the creation of those additional 45 acres of land is at or below what you currently have in your AUIR for the purchase of parklands. So we think we're in the ballpark, pun intended, to get 45 acres of land reclaimed here. We'll know more as the project proceeds. And lastly, I encourage you and everyone to look at this as this master plan is a template. It's a template to work from and continually look for ways to improve it. And your staff has already committed to the community not just to get an approval and go forward, but to get authorization and continue coming back to them and working with them and sharing with them the progress and the process and continue doing that as we go forward. Page 61 February 23, 2016 That's the, believe it or not, the short version of the presentation. And unless Mr. Williams has anything to add, I'd be happy to answer any questions you might have. CHAIRMAN FIALA: I'm going to take the liberty of just asking one question before I go to Commissioner Hiller and then Commissioner Nance. And the question is: When you're talking about the lakes, did anybody suggest at all about remote control boats or even the sailboats? It's wildly popular over at North Collier. MR. HANCOCK: Yes. The lake -- and while it doesn't show up as a particular use, there are probably 50 different things we could talk about that could be built in this plan that require no space allocation whatsoever. That's the beauty of unstructured space. A remote control boating course could be done anywhere on that lake. And as you see from the access through, you could have a pull-off, a few parking spaces, a small dock or pier that goes out and voila, you've got it. CHAIRMAN FIALA: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I'm so glad to finally see this come before this Board in a concrete fashion. I remember when I was first elected and actually before I was elected that citizens in District 5 were very concerned that they didn't have a park and they actually were coming to me and asking me as a candidate for this seat if I would help. And I was very involved. And then Commissioner Nance started getting involved long before he was elected and took over the reigns on this project. And then after he was elected he really upped the ante. And obviously, you know, we have limitations because of funding, but now that situation is working more favorably for us. And I have to commend you, Commissioner Nance, for all your efforts towards this project. It's been unbelievable. Having said that, I want to ask staff to prepare an executive Page 62 February 23, 2016 summary for me to name the park after him. COMMISSIONER NANCE: Ma'am, let's see if we can agree today to build the park. COMMISSIONER HILLER: I'm not worried about -- COMMISSIONER NANCE: I don't want my name on a real estate sign out there, okay? I thank you very much -- COMMISSIONER HILLER: I want that -- COMMISSIONER NANCE: -- but I think that's premature. COMMISSIONER HILLER: No, it isn't. And let me tell you why. Because we did that with Commissioner Fiala in her district and it inspired the whole community to rally around the project. It's very different -- you know, if you have something named as generically as Big Corkscrew Regional Park, I mean, I don't know where that is. To me that sounds like, you know, it's in the middle of the Everglades and doesn't sound like a community park. You know, his dedication, his initiative, his efforts need to be recognized. And I would like to propose it. You can always vote against it, Commissioner Nance, but I'm bringing it forward. And I really think that it will make people in that community aware that there is a major project for that community being advanced by their Commissioner for the benefit of the children and the families out there, which is very significant. I feel we do need to reclaim that lake. I think we are wasting land. You know, to dredge it, it will never be large enough to become a sailing facility, for example, which is what the purpose of dredging would be. If we keep part of it to accommodate the smaller electronic boats, as Commissioner Fiala says, that's a smart idea. And there should be a water feature. Water is a wonderful feature in any park. So I do think that preserving some of it has both visual benefit as well as the benefit of providing another venue for activities, as you pointed out. I don't know how you come up with 50, but that's okay. Page 63 February 23, 2016 I'll just be happy with Commissioner Fiala's suggestion. On the other hand, land in Collier County is at a premium, and if we can expand the available land at that park and have more baseball and softball diamonds, you know, more soccer fields by reclaiming part of that lake, then, you know, I think we should go for it. So I think evaluating how to get back 45 acres as you're proposing should be a priority in this initiative. MR. HANCOCK: Thank you. One of the things we really considered was buying land elsewhere, even if it were at the same cost, we have proximity here. We have synergy of everything being together. COMMISSIONER HILLER: Exactly. MR. HANCOCK: And it just makes tremendous sense. So there is a reason for the size of the lake, it's to ensure that we meet the water management requirements and demands of all of the contributors. That will be fine-tuned but it will be done so in concert with our partners which includes Orange Blossom Ranch and the school to the south as well. COMMISSIONER HILLER: And, you know, you'll have the dry detention areas as well. MR. HANCOCK: Yes, there will be -- and we've built in dry detention areas within the plan as well in the future, so yes, we're -- COMMISSIONER HILLER: The bottom line is the more land we can get and reclaim it from a shallow lake as opposed to dredging as the alternative is the logical way to go. CHAIRMAN FIALA: Thank you. Troy, how many speakers do we have? MR. MILLER: We have three. CHAIRMAN FIALA: Okay, first Commissioner Nance and then we'll call on the speakers. COMMISSIONER NANCE: I would like to say that I've been Page 64 February 23, 2016 involved with a lot of projects, but I would really like to commend the Parks and Recs staff, and I would like to commend Stantec for the job they did on public outreach on this project. I have been very, very demanding of them in doing this. I think it's been a project that has been coming for a very long time. There was a lot of public anxiety, as Mr. Hancock has indicated, and they managed it very well. Mr. Hancock has got a very affable demeanor and he did very well under some stressful circumstances. And I think he put this together where probably a few people could have done the job that he actually did. So I will commend staff, Mr. Carnell and Mr. Williams and Mr. Hancock for doing a really, really good job. This is a project -- probably of all the projects out there as far as infrastructure in my district is probably the most important project that I know of out in District 5. And there's a lot of reasons for that. They've just been without a park for so long. And of course, you know, we've got almost 30 percent of the children and so many of them are economically disadvantaged, and so these sorts of activities -- COMMISSIONER HILLER: Put up that chart that you sent us all as a one-way communication. I think that's important. Do you have that? MR. OCHS: No. COMMISSIONER NANCE: I have it here. It's a little rumpled at this point. It's kind of been around the block. MR. OCHS: First page? COMMISSIONER NANCE: Yes. You know, these sorts of facilities have a disproportionate importance to people who are economically disadvantaged because they provide them places to go with their kids and so on and so forth. So I think that the recommendation is very good on this and, you know, we will get into the discussion on funding in a moment. But I Page 65 February 23, 2016 would just like to say that it is very important. And I hope today we can make the commitment to these kids. But before we get into the deliberations on how we're going to accomplish it, I want to say this: It's very important to me that we complete this project and that we complete the Eagle Lakes project. And the reason I say that is this demographic that I've got in front of you, the same thing exists down there in Commissioner Fiala's district. We need to get these pools in. Drowning is the number one cause of death of very young children everywhere, and disproportionately high in our community of Hispanic ethnicity. So I think not only do we get a great infrastructure improvement for recreation, but we can also try to make an impact on some of the problems that we have. So I don't want to dominate the conversation any more, I'd like to go to the public speakers, then we'll come back and see if we can craft a way to get this accomplished. CHAIRMAN FIALA: Very good. MR. HANCOCK: Madam Chair? CHAIRMAN FIALA: When we come back, Commissioner Taylor will be speaking and then Commissioner Hiller. Speakers, please? MR. MILLER: Yes, ma'am. Your first public speaker is Shirley Cothran. She'll be followed by Dr. Joseph Doyle. MS. COTHRAN: I'm Shirley Cothran and I live in Waterways. And I'm in favor of this. I think that since they rebooted it, they have listened to what the residents have wanted and have come up with a great plan. My concern is that the park shares the same zoning, at least phase one, the Orange Tree PUD part, as the county fair. And one of our concerns has been with noise that might be generated on the -- what they were trying to do before, that was our concern too was the noise Page 66 February 23, 2016 that might be generated from the park. And I have tried to get the -- the county treats the fairgrounds and the fairgrounds occupy the same zoning as the park will as agricultural land, which is allowed to have 87 decibels, 24 hours a day, seven days a week. In other words, you could have a lawn -- it's the loudness of a lawnmower going round the clock. The land itself is zoned for passive recreation, permitted use. Passive recreation, government buildings, the fairgrounds and other park and rides and things like that. Which is equivalent to institutional land in the county -- or in the LDC. Anyhow, I would just like some assurance that a few years from now we won't be listening to 87 decibels coming from the park. And -- but I think that's a county issue and not a -- not necessarily a design issue. There are two stages that concerns me of what -- and the space is flexible -- what might be done in the future. And I just would like that looked at. And the fair did not -- when the county acquired the fairgrounds it was in this community use zoning. The zoning was signed first, then the county got deed to the fairgrounds. And anyhow, I think the original zoning should stand. And I don't know how to get that done, so I enlist your help. COMMISSIONER NANCE: Ma'am, could you wait just one second? Mr. Hancock, could I ask you a question? Correct me if I'm wrong, sir, but I know we had a number of Waterway citizens that participated in the development of this concept plan. Isn't it true that what we've done here in this initial concept plan is take into account the buffers and the location of these activities to provide peaceful enjoyment as much as practicable for Waterways? Hasn't that been directly addressed? Page 67 February 23, 2016 MR. HANCOCK: To the greatest degree we can, yes, sir. For example, you see a significant use of walkways and trails down in this area, creating a buffer of both physical space and distance. Secondly, over here, the reason why the pool area is here is you tend not to have nighttime activities in a pool. I'm not saying you can't, I'm just saying it's not as typical as might be things such as, you know, ball fields and so forth. The community center, again, an indoor building. And you see a lot more space down here with unstructured space of pathways and walkways. We also did something similar along the north where we have Estates residents. Originally we had the fields tucked up pretty tight against that northern border. What we did is we put additional rows of parking here to create a little more separation there. In the end it's a park and there's going to be the sound of children playing, please, and so we've tried to create those buffers. I think the concern that we heard consistently about the fairgrounds more so was all hours of the night, unlimited throughout the year type of thing, and I think we'll find that your park staff, we don't find those situations in county parks throughout the system and I don't think that this one will be operated any differently. COMMISSIONER NANCE: Thank you. Is that helpful, ma'am? I mean, I know you participated in this quite a bit. MS. COTHRAN: Yes. And they did, they put the buffers in and so on. But I'm concerned about what goes on in the future. When the fairgrounds came in they did not have concerts. The first concert -- the first time they went to you guys for permission to hold a concert was in the late Nineties, I believe. At which time the chairman of the counsel didn't even know that the county owned the fairgrounds. So it gets lost over time. I'm 3,000 feet away from the Page 68 February 23, 2016 fairgrounds. The walls of my house vibrated a couple Sundays ago from -- and I had the house closed. I just would like that the same thing doesn't happen. If they're having some sort of tournament at the multiuse fields, that they don't have amplified sound that's so loud. They can have amplified sound, that doesn't bother me, as long as it stays at residential levels. CHAIRMAN FIALA: Let me tell you just from a little experience. Commissioner Nance referred to Eagle Lakes Community Park. We have a lot of soccer fields there, a lot of them. And we have a huge Hispanic soccer group. I mean, all ages. And they monopolize the park at night. It gets families out to play together and enjoy life. And I go there a lot. And I want to tell you, we never get a complaint from any of the neighbors, because they're playing in the park. And of course when the park closes at 9:00, it's not like they're having fairgrounds or anything, it's a whole horse of a different color. And I think that you have planned this around that. Plus you've got a lot of buffers. And we don't even have those buffers and yet that noise is not at all disruptive to the rest of the neighbors. So I just want to throw that on the table. MS. COTHRAN: My neighbor on the other side of the street is the Corkscrew Middle and Elementary Schools. The kids playing on the playgrounds do not bother us at all. CHAIRMAN FIALA: That's good, because we should have kids playing on the playgrounds. MS. COTHRAN: Yes, except -- CHAIRMAN FIALA: That's what it's all about. MS. COTHRAN: -- one seven-year-old girl that screams at the top of her lungs. Every year there's one. CHAIRMAN FIALA: That we'll never be able to do. But I think it's the sound of happy families playing together. MS. COTHRAN: Yes, yes. Page 69 February 23, 2016 CHAIRMAN FIALA: Thank you. MS. COTHRAN: And that's -- and not the bass hitting the house. CHAIRMAN FIALA: Okay, next, please? MR. MILLER: Your next speaker is Dr. Joseph Doyle. He'll be followed by Murdo Smith. DR. DOYLE: Good morning, Commissioners, Dr. Joseph Doyle. I think it was a wonderful presentation and a thoughtful process and thoughtful design. Of course I'm here to talk about the money. The executive summary indicates that this project will cost between 40 and $50 million. I saw the three phases here described. I'd like to know how much phase one would cost. Because I understand there's $9 million already in the kitty from impact fees, which is fine, to get started. I saw the staffs recommendations regarding trying to issue bonds for this and do this all upfront over a three-year period, which I guess would take into account the two-year permitting process with the Corps of Engineers. My problem is this: We have wants and needs. This is more in the want category. I understand there's need from the standpoint that the families out there need a park. But we do have a lot of parks around Collier County. But Commissioner Nance, if we're looking at needs, we're looking at bridges and other priorities that you discussed in the budget discussion. I think we really still need to take those into consideration again in the face of a potential economic downturn. And if we have a downturn, who is going to pay for the bonds if we issue bonds? Well, there won't be new construction, there won't be new impact fees coming in. So that debt burden, debt payments would be made by the people who live on the coast. So I think that needs to be taken into consideration of issuing debt. I think if we have wants, we pay as we go; that's what I'm Page 70 February 23, 2016 thinking we should do here. If we have needs, such as bridges and stuff, you could justify some debt, even though I'm against debt, but that would be for absolute needs. Thank you. COMMISSIONER NANCE: Dr. Doyle, I want to respond to you respectfully, and I appreciate your comments. And you know that I'm a conservative. The people that are going to be using this park transferred $23 million of their money to build the parks in your district. You're benefiting from the parks that these people have already paid for. So I'm going to ask you: Who paid for your park? These people did. These people deserve to have a park. And if you have to give a little bit of that money back, it's your turn, sir, okay? DR. DOYLE: Well, first of all, we're in Pelican Bay, we're a donor community for operating expenses -- COMMISSIONER NANCE: Your parks were built with $23 (sic) in impact fee money from these people. DR. DOYLE: A lot of our parks were built by Westinghouse donating money way before in the late -- COMMISSIONER NANCE: I understand. I'm just telling you -- DR. DOYLE: -- has nothing to do with current residents. COMMISSIONER NANCE: -- it's a matter of fact, $23 million came out of this district to build some parks over in -- DR. DOYLE: I'd like to see those figures. I'd like to see that. Because I don't believe it. COMMISSIONER NANCE: You come to my office and I'll give them to you. I know it well. Thank you. DR. DOYLE: I don't believe it. CHAIRMAN FIALA: One of the needs, I think -- thank you, Dr. Doyle. One of the needs that we're filling is we're getting kids into a wholesome and safe environment rather than hanging around street Page 71 February 23, 2016 corners. They're actually finding things to do together and with their families and not hanging around trying to figure out what they can do with their extra time. I think it is definitely a need. It's not just a want, it is a need. Thank you. MR. MILLER: Madam Chair, your final speaker on this item is Murdo Smith. CHAIRMAN FIALA: Thank you. MR. SMITH: I guess it's still morning. Good morning, Commissioners, I'm Murdo Smith with the Collier County Parks and Recreation Advisory Board. I just want to mention that I think that Steve Carnell, Barry Williams, Mr. Hancock did a great job with getting community input into this park. I think it's unprecedented what they did. I have just one basic request, is that in the process of when this park is being tweaked and finally constructed and all the specifications are made, that we could possibly bring it back to the Parks and Recreation Advisory Board for review at say like the 20, 30 or whatever it is, so that we can put our input? Because we have a lot of specialized people on the advisory board that could give comments and so forth of how these facilities could be constructed. And I just want to ask if that could be done. COMMISSIONER NANCE: Yeah, Mr. Smith, thank you very much for your input. I assure you, the citizens out there are very anxious to participate in the design phase and I fully expect that the advisory board will be giving their best work. And thank you for your continued service. MR. SMITH: Thank you. CHAIRMAN FIALA: Thank you. Okay, now, back to our commissioners. We start off with Commissioner Taylor. COMMISSIONER TAYLOR: I just wanted to compliment Page 72 February 23, 2016 Stantec and Tim Hancock in particular in the way you have come in and made this right. You know, I also, like all of us, receive the calls and the emails and the material isn't going out in other languages, other people speak other languages here, we need this. And we placed a call to your office and it was done. There were no more calls about foul play or what was wrong. You turned an entire project around and made it a positive expression of the residents there. And you are to be commended for that. MR. HANCOCK: Thank you. And I would be incredibly remiss in taking all the credit for that. Commissioner Nance's office, Jim Flanagan, was an amazing resource. The Golden Gate Estates Civic Association put the word out every chance they could. They were amazing. The Collier County Multicultural Alliance, Mary Ellen Cash, was very helpful in bringing things in. Barry Williams even reached out to meet with a group of Haitian ministers to make sure their community was being represented. And the 4-H Club, their kids must have pounded the survey hard. So while I greatly appreciate your comments, I was -- I had the pleasure of serving as the tip of the spear. And this was a real community plan. And I'll be honest, sometimes I felt like I was along for the ride. But I thoroughly enjoyed it. Stantec will not be able to proceed with the design of the park because we were involved in the creation of the master plan, but I have been engaged to continue being, if you will, the connective tissue between the public and what goes forward, and I look forward to continuing to update the community and continue to kind of be that connective tissue to make sure that communication that is so desirous by your Parks staff continues. It's been a hallmark of this project, and I thank you very much for your words. COMMISSIONER TAYLOR: You're welcome. Well deserved. CHAIRMAN FIALA: Commissioner Hiller? Page 73 February 23, 2016 COMMISSIONER HILLER: Thank you. You know, as this design actually evolves, a couple of things that we should keep in mind is to, in the design of the pools, think about competitive swimming in that area. And the opportunity for also having a stad-- not a stadium, but viewing of any competition that could possibly take place out there. We really are having tremendous growth in the swimming community. And because we have such great weather rear round we're seeing Olympic athletes come down here to train. I would recommend that you talk to Kevin Erndl and Erika Erndl who founded T2, and they're training future Olympic athletes at the pool by Community School. So that's one. And then the other thing that I'd like to bring out is football, youth football. And if we are able to reclaim some of that lake we should consider the possibility of providing a youth football field. Because granted, there are the schools, but if we could do something within the park that would allow for these kids to play that sport as well. I mean, we're very good about catering to these different sports, but youth football is really growing very significantly beyond just the public schools in Collier County. And, you know, we had that presentation a few months ago by that youth football group. COMMISSIONER TAYLOR: FBU. COMMISSIONER HILLER: Thank you, FBU. And they were bringing in all these teams to compete, you know, again beyond the school. So I think we should consider the emergence of those sports in this community when we start looking at the other opportunities that might exist as we reclaim the lake and actually configure the space. COMMISSIONER NANCE: Commissioner Hiller, I think the multiuse fields, they are contemplated for soccer, football and Lacrosse, actually, field sports like that. COMMISSIONER HILLER: That's great. I mean, and if Page 74 February 23, 2016 football -- but, you know, again because we -- you know, as you properly pointed out in your statistics, I mean, there is such a large population of children, that while it might be multiuse, you're going to have so many competing interests. And I know from my experience with the North Naples Regional Park, competing interests do become a problem, you know, because you do want to make everyone happy and if there's limited space and, you know, everybody wants to play soccer, everybody wants to play baseball at the same time it's problematic. So to the extent that you can have alternatives and maybe multiple multiple-use fields of use, however you want to do it. I just think we need to keep that in mind. And I'm glad to see that you're already contemplating those three sports, but I think we need to look at a little beyond that, just because of what has come before this Board most recently. MR. HANCOCK: And Commissioner Hiller, one of the reasons you see eight multipurpose fields, I've learned, don't call them soccer fields, because it's not all about soccer. The youth football group did show up and they were a part of our process. And a regulation full-sized soccer field can accommodate both Lacrosse and football. COMMISSIONER HILLER: That's great. MR. HANCOCK: And so the reason why you see eight fields up there is not because we feel like they are going to be eight soccer fields, but we have Lacrosse, football and soccer plus with natural turf grass you have to give the grass rest periodically. So you can't use them 24/7 -- no, don't worry, not 24 hours, just kidding. You can't use them seven days a week, 52 weeks a year. See, we've got such a good relationship. It didn't start off that way, did it? Really, the folks that -- I'm looking forward to watching the thing come out of the ground. It's going to be beautiful. But the reason why we have eight fields is rotational issues, Page 75 February 23, 2016 multi-sport issues and so forth and they are designed to accommodate. Now, if we can get more land out of that lake and still meet the water management needs of all the contributors, that's something I think at that time you can look at it. COMMISSIONER HILLER: I defer to you guys on this. The other thing I want to talk about is the issue of noise. I do think it's extremely important that the noise standards be such that the surrounding neighborhoods are considered. And the reason I say that, not only because of who's existing out there, but from what I saw in my district is once the park was built, we did see a tremendous amount of new development pop up. And essentially the park became the magnet for so much community development, family development that I think we have to be very sensitive to that. Because, you know, what you don't want to have happen is that the area around the park not be developed because people are concerned about noise. So whatever we have to do as a Board, and there's no guarantee what a future board will do or could do because we can't bind future boards, everything is subject to change, as you well know, since you were accused of binding a board into posterity. Obviously could never happen. I think that if at least we do something and continue to design in a way that is sensitive to all potential surrounding development, even on the back side where those fields are, I don't know what the zoning is behind those fields, but I think -- I mean, the issue of noise, parks and future residential development has to be one of the highest priorities. CHAIRMAN FIALA: Thank you. And Commissioner Henning? COMMISSIONER HILLER: Can you bring back the fairgrounds contract so we review it to make sure the uses and the zoning are not such that -- I mean, I'm very disturbed by the fact that we had a speaker that said that her walls are shaking from bass. I mean, I Page 76 February 23, 2016 personally love bass but I don't know if I'd like my walls to shake. COMMISSIONER HENNING: How much is the estimated cost for phase one? MR. HANCOCK: Well, the phases I described to you today have not been broken down specifically by cost, because it really comes down to a menu of what you want to plug into it. One of the things you can't get away from is you can't get away from your -- the site civil design, clearing, grading, irrigation and so forth. So, you know, you've got probably a few million dollars just to get your infrastructure in there. So on top of that I will defer to your staff as to priorities, but -- COMMISSIONER HENNING: So the recommendation: The Board of Commissioners directs staff to continue with the design, permitting, phase, construction -- there's got to be a fiscal impact in there. Somebody must have hopefully taken a look at what it's going to cost. MR. OCHS: Got it right here, sir. COMMISSIONER HENNING: We already know that it's $50 million. But you're saying it's a phase. Is this the phase ranking? What is this? MR. WILLIAMS: Commissioners, this is a list of the amenities that folks had asked for in the park. And it's an eye chart for you, I apologize for that. Just to answer your question, in initial phase, and typically when we phase parks or have phased parks historically, if you look at the upper 49 acres, that first phase, you would see that phase broken -- it could be broken up into two segments where you would build the community center for the soccer fields, the hard courts, the parking, the civil work, all those things. That initial cost is estimated at 14 to 16.6 million. COMMISSIONER HENNING: And we don't have that money. Page 77 February 23, 2016 MR. WILLIAMS: We have nine million in the bank. We know that we're getting four million a year. You know, it's going to take you a year and a half, good year and a half before you're ready for construction, you're going to be able to accumulate some of those funds. But that first initial phase is roughly that $16 million. If you did the entire 49 acres that included the swimming pool, the IWF, the other four soccer fields, you're looking at roughly $28 million. That third phase, things south of the canal, that's where you're getting into this when we're talking about 40 to 50 million, you know, the third phase is really going to need some work on our part in terms of trying to determine what it will take to reclaim the lake. We don't have a good estimate of that, so we gave you a range with that. So your decision points is roughly if you wanted us just to move forward with the initial phase, what I would tell you today is we have the money -- will have the money in the next couple of years if we continue to appropriate funds towards it. COMMISSIONER HENNING: And that's the recommendation, what they're asking, is to -- MR. WILLIAMS: We're wanting some direction whether you would want us to consider just phasing the park over time as we have money or look at the potential for debt service to try to either build the entire first phase, all the elements in the 49 acres initially with -- or potentially the whole park, if you wanted us to bond out for 40 to 50 million and try to build the whole thing. MR. OCHS: Commissioners, also just to put this in total context, and Commissioner Nance mentioned this a little bit earlier, there's also the matter of the Eagle Lakes swimming pool that is in design now, almost ready for construction bidding. That estimate is about eight-and-a-half million dollars to do that project. There's about 5.5 in that project budget at this point in time. So that $4 million of new Page 78 February 23, 2016 impact fee regional park money that comes in annually could go to one or the other or allocated in some pro rata fashion at both of these projects, if you decide to continue on a pay and go basis. COMMISSIONER HILLER: If you did the proration, have you done the -- where is Mark Isackson? Mark, have you done an analysis to see, you know, given the revenues that are coming in if we did a pro rata allocation between the cost of Eagle Lakes and let's say phase one of this park where we would be? And phase one would include again what? What would phase one include of those costs here that you have listed? COMMISSIONER NANCE: That's phase one. COMMISSIONER HILLER: Is that all of phase one? The 28 million? MR. WILLIAMS: Phase one, this entire section here in the 49 acres, the entirety of phase one would be somewhere in the range of 24 to $28 million. COMMISSIONER HILLER: Okay, so let's be conservative and say $30 million at the highest side on phase one. And then how much do we need on Eagle Lakes? MR. OCHS: You need another three. MR. WILLIAMS: Another three. COMMISSIONER HILLER: Okay. So basically 33. So let's -- again, just being very, very conservative, if we're looking at essentially $35 million in bonding -- and the amount of money we have coming in is four million a year? MR. ISACKSON: Commissioners, if you look at impact fee fund 346, you've got a current 2.9 to $3 million debt service payment when you issued bonds back in 2005, $40.6 million to construct the North Collier regional facility. That expires 10 years hence in 2025, '26. So when you look at the net after all of that, that's what we've Page 79 February 23, 2016 been talking about here collectively, is $4 million, roughly. That's what you've got available to parcel out to projects on a pay-as-you-go basis. COMMISSIONER HILLER: Beyond the North Collier debt. MR. ISACKSON: Yes, that's correct. COMMISSIONER HILLER: So $4 million leveraged today gives us maximum how much? MR. ISACKSON: Well, let me, if I can -- COMMISSIONER HILLER: I don't believe we're going to need all of it, but I'm just asking what's the maximum obligation that we can take on, given that we know we have $4 million a year available for debt service. MR. ISACKSON: Let me ask the County Manager to throw up a few charts for you that can probably get at the heart of your question, Commissioner. If I can find them here. CHAIRMAN FIALA: Commissioner Henning, were you finished? COMMISSIONER HENNING: No, but that's -- that's fine. CHAIRMAN FIALA: And then Commissioner Taylor, you're next, and then Commissioner Nance. COMMISSIONER TAYLOR: Thank you, Chairman. MR. ISACKSON: Now, the all-important goal of course is to try and self contain the impact fee trust fund. So if we issued debt, let's say we issued -- that chart shows 10-year, 15-year and 20-year debt issuances at various capacities. So you've got a $50 million bond on one side and a $75 million bond on the other side. If you take 50 million and you amortize it over I think the agreement's 20 years, you've got about a $3.5 million debt service payment. That's workable within the confines of the existing net available revenues that you have in impact fee fund 346 without the general fund Page 80 February 23, 2016 making a contribution to the debt service fund. COMMISSIONER HILLER: However, we -- COMMISSIONER HENNING: Assuming growth is going to continue at $4 million of revenue. MR. ISACKSON: Right. That's assuming -- COMMISSIONER HENNING: For 10, 15 or 20 years. MR. ISACKSON: That's right. CHAIRMAN FIALA: Thank you. Commissioner Henning, did you want to finish your comments? COMMISSIONER HENNING: And again, and this was on the prior item, we need to prioritize your capital infrastructure and be prepared, like we wasn't prior, that there will be a downturn. COMMISSIONER TAYLOR: That's right. CHAIRMAN FIALA: Thank you. And Commissioner Taylor? COMMISSIONER TAYLOR: You know, I'm very impressed with the process, I'm very impressed with the input from the residents and I honor that. And I'm not saying this to put any water on any ideas. However, we have paid -- we now have consultants coming back to us to talk about what we need countywide in our parks. We've paid that consultant to come back. I believe the report will be -- I think staff looks at it in April. I think it's going to be discussed in May. So I know we're -- we have to consider this. Because if we're talking about countywide what we need to promote our economic vitality, which is pretty much why we're doing this in the sports area, I think it's a factor that needs to be brought into this. Does this say that we stop this? No, no, no, no, no. It just says it has to be considered in all of this. The other thing I wanted to say to the neighbors, I live in Lake Park. Lake Park is next to Fleischmann Park, they have ball fields, it's next to the zoo and Naples High School. And I can assure you that Page 81 February 23, 2016 over time -- I'm not saying it's right away, but when those lights go on in the ball field, it was like what's going on here? Now I listen for the drums of the drum corps at Naples High School. And I love to hear people cheer when I know these -- it's children that are playing on these fields. And, you know, the roar of the lions at the Naples Zoo is just home for me. So I don't find it obtrusive, I find it reminding me that we live with children and life and it --just as what you said, Chairman Fiala, it's a wonderful, wonderful asset to a community. MR. OCHS: Madam Chairman? CHAIRMAN FIALA: Yes, sir. MR. OCHS: If I may, and again, not to -- in the interest of time, we're not asking you to make a decision on pay-go versus financing today. We can certainly develop those options for you as we move into your summer budget workshops. What we would like to do is get your concurrence on this master plan, allow us then to go out to the market to acquire a design consultant and bring that contract back for Board approval while we're working on the various financing options for the project itself. As Barry said, you won't be turning dirt for at least a year on this. So we could deal with some of those finance options and let you analyze those over the summer as part of your budget review if you'd like to -- CHAIRMAN FIALA: Very good. MR. OCHS: -- move this on at this point. CHAIRMAN FIALA: And, you know, all I'm hearing are positive comments. I think that you're seeing everyone in support. I would like to end this with Commissioner Nance, because this is his project. COMMISSIONER NANCE: No, I believe that that's a very good methodology to go forward, and I will make a motion to approve the conceptual plan of the park and direct staff to bring back some options Page 82 February 23, 2016 for paying for it in phases. But I would also like to ask staff to bundle the financing issues of this park together with the completion of Eagle Lakes Community Park so that we can take a look at these two projects as a fundamental need. COMMISSIONER HILLER: And I'll second that. CHAIRMAN FIALA: Okay, thank you very much. And -- COMMISSIONER HILLER: I just want to have one point of discussion. CHAIRMAN FIALA: Make it quick, though. COMMISSIONER HILLER: I will. The noise is not about the kids playing, not about the drum bands for a game or anything like that. It's about a concert. You know, it's like having Rob Zombie out there, okay. So I think that issue does have to be contemplated, because there will be development. And we need to make sure that -- you know, no one is offended by children playing, no one is offended by a child's band, but I think there is reason to be concerned about other types of entertainment that could raise the noise level that would make it a problem. We've had issues with -- I mean, we're hearing now an issue now with the fairground, we've had issues with dog parks. People do need to have peace and quiet where they live. COMMISSIONER HENNING: Here we go again. I mean, we have the Swamp Buggy grounds that moved at its historical location at Radio Road down to 951. COMMISSIONER TAYLOR: They're being thrown out of there. COMMISSIONER HENNING: We've had the 4-H park for the last 30 years. And historically whether it be Swamp Buggy grounds or the 4-H park, you have people move in around it and then complain about it. CHAIRMAN FIALA: Along with the airport. Page 83 February 23, 2016 COMMISSIONER HENNING: And the airport. So here we go again. COMMISSIONER TAYLOR: May I ask one -- we haven't voted yet, right? CHAIRMAN FIALA: No. COMMISSIONER TAYLOR: Okay. And maybe after the vote just another -- see if I have another support for another -- CHAIRMAN FIALA: Does this concern the vote on this? COMMISSIONER TAYLOR: I'd like to keep it separate if I could, but it does concern this, yeah. CHAIRMAN FIALA: I have a motion on the floor and a second. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: And that is a 5-0 solid vote. MR. OCHS: Thank you, Commissioners. COMMISSIONER TAYLOR: Okay. And then I'd like to see -- and this isn't -- I'm a swimmer, okay, and I love competitive swimming, but I would like to see staff come back to us with not only the cost of building these facilities, these water facilities, but the maintenance going forward. So that we really understand what we're addressing -- COMMISSIONER HILLER: We always -- COMMISSIONER TAYLOR: -- to maximize -- you know, to maximize the designs going forward so we understand that pools like boats are big holes in water that you pour a lot -- COMMISSIONER HILLER: Well, one of the things -- COMMISSIONER NANCE: They're holes of water. Page 84 February 23, 2016 COMMISSIONER TAYLOR: Holes of water, yeah. COMMISSIONER HILLER: They always incorporate the cost of operations in all of-- COMMISSIONER TAYLOR: I'd like to have the reality of what we're looking at -- COMMISSIONER HILLER: We always do that. COMMISSIONER TAYLOR: -- what we're spending right now as a county on our water facilities to understand how we design them smarter and greener going forward. CHAIRMAN FIALA: Thank you very much. COMMISSIONER TAYLOR: Do I have support for that? CHAIRMAN FIALA: We have a solid vote and we've got nine minutes left. I don't know if we can handle anything else in that nine minutes. COMMISSIONER NANCE: Sure we can. COMMISSIONER TAYLOR: Do I have support on that? I just want to make sure -- COMMISSIONER HENNING: I support that. COMMISSIONER HILLER: Yeah, that's what as a matter of-- COMMISSIONER TAYLOR: Okay, I'd like to make a motion -- COMMISSIONER HILLER: -- it's board policy. COMMISSIONER TAYLOR: -- to that effect. COMMISSIONER NANCE: I'll second it. COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed? Page 85 February 23, 2016 (No response.) CHAIRMAN FIALA: Good. MR. OCHS: Would you like to handle the charter school issue? CHAIRMAN FIALA: Yeah, let's do that. Item #1 1 C DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK TO THE BOARD AN ORDINANCE THAT WILL IMPLEMENT A SIX MONTH MORATORIUM ON NEW APPLICATIONS FOR DEVELOPMENT ORDERS FOR NEW CHARTER SCHOOLS IN ALL COMMERCIAL, RESIDENTIAL AND ESTATES ZONING DISTRICTS, AND DIRECT STAFF TO DEVELOP AND BRING FORWARD GROWTH MANAGEMENT PLAN AND LAND DEVELOPMENT CODE AMENDMENTS REGARDING THE PROCESS FOR CHARTER SCHOOLS TO BE DEVELOPED WITHIN ALL COMMERCIAL, RESIDENTIAL AND ESTATES ZONING DISTRICTS. NOTE BY COUNTY ATTORNEY: APPROVAL OF THIS ITEM WILL IMMEDIA TEL Y COMMENCE THE MORATORIUM PERIOD PENDING FUTURE BOARD ACTION ON THE ORDINANCE — APPROVED MR. OCHS: That is Item 11.C, Madam Chairman. It's a recommendation to direct the County Attorney to advertise and bring back to the Board an ordinance that will implement a six-month moratorium on new applications for development orders for new charter schools and all commercial residential and Estates zoning districts. COMMISSIONER TAYLOR: Make a motion to approve. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Any comments? Commissioner -- Page 86 February 23, 2016 MR. MILLER: I do have a public speaker. CHAIRMAN FIALA: Okay, thank you. Do you want to speak after the public speaker? COMMISSIONER NANCE: I'll speak after the public speaker. I just want to make a couple comments. MR. MILLER: Rick Vanasse. MR. VANASSE: Good morning, Commissioners, Patrick Vanasse with RWA Certified Planner. I'm here on behalf of some clients that are looking for property for an elementary and middle school charter school. They don't object to the moratorium. In fact, when they contacted us they thought they would be going through the private school process and have to go through a conditional use. So the only thing we would ask you to consider today is if you pass the moratorium, to maybe put an exemption in there that would allow schools that -- charter schools that voluntarily go through the conditional use process to move forward. So if it does take six months they don't have to wait for six months. And that's it. CHAIRMAN FIALA: Commissioner Nance, would you like to make a comment? COMMISSIONER NANCE: Yes. The -- I think what we have is we have a very narrow unintended gap in providing guidance for charter schools. It is very clear that the law has provided that charter schools and public schools are to be treated equally. But what we have is we have through Florida statutes and through interlocal agreements, we have a process for the Collier County district schools that for some reason has not been converted into charter -- guidance for and process for charter schools when they come forward. The County Attorney has opined that he believes that a minor change to the LDC requiring charter schools to adhere the same development requirements that the Collier County Public Schools Page 87 February 23, 2016 currently have could quite likely be sufficient. And I also think that our coordination with Collier district schools, when they grant their permission going forward to charter schools, to also reinforce that the expectation is that those guidelines, similar to what they have in their Interlocal Agreement, is what is expected. I think that will be adequate. And hopefully this can be done in much less than six months, as the County Attorney has suggested. So I'm going to -- we already have a motion for approval and a second. So I'm going to certainly support that. CHAIRMAN FIALA: And one of the things I want to mention, I'm so glad that we're going to be doing this. One of the problems that we've had with the charter schools is they're very popular. But when they're located in an area where there's no convenience for parking and they tie up all the traffic, people can't get into the businesses or can't get down the street, we have to take that into consideration. If that happens in a neighborhood, people won't even be able to get out of their driveways. So I'm so glad that we're going back to study this before we make any final decisions. So with that, we have a motion -- oh, Commissioner Henning? COMMISSIONER HENNING: Yeah, unlike public schools, charter schools is a somewhat different animal in its traffic patterns. You're not going to see buses taking busloads of kids to school. You're going to have parents taking kids to school. So you're going to have more traffic impacts with a charter school than you will a public school. So it's very key that locational (sic) is important. COMMISSIONER TAYLOR: If anybody wants to question what traffic patterns are, just go take a look at the charter school on Horseshoe. CHAIRMAN FIALA: The one on Radio and Airport too. They just -- I mean, it's wonderful that they do that, but like you say, it's not Page 88 February 23, 2016 busloads of kids, it's individual cars bringing them all there. So I think we're all singing in harmony here. And with that, we have a motion on the floor and a second. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you very much. I know we didn't act on your suggestion, Mr. Vanasse, but that is our motion. Thank you. Item #11D AWARD ITB #15-6522 - TOURIST FULFILLMENT SERVICES TO PHASE V OF FLORIDA, LLC. AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM - MOTION TO APPROVE WITH THE STIPULATION THAT ANY SPENDING ABOVE $75,000 COME BACK TO THE BOARD FOR APPROVAL — APPROVED MR. OCHS: Madam Chairman, you have one more item under County Manager's report. Commissioner Taylor moved this forward. I think we may be able to handle it before your break. It's a recommendation to award a contract for Tourist Fulfillment Services to Phase 4 of Florida, LLC and make a finding that this item promotes tourism. Commissioner Taylor, if we could address a concern -- Page 89 February 23, 2016 COMMISSIONER TAYLOR: Yes, that we don't know what we're -- what the award is. We have estimated annual award that we don't understand what we're -- there's no fiscal impact. It just says there's enough funds there. But without understanding how much this is, I don't know how we can approve it. The other issue is when this went out for -- initially. And I think it was pulled at the last meeting because I have the same problem, because we don't really know what the bid was, the information in our last agenda indicated a budget amendment of 124,000. That does not appear in this particular iteration of this item. However, my issue at the time is it went out to bid for -- it was written as to vendors who may be interested in it, it said that traditionally the amount was $75,000. MR. OCHS: Yes, ma'am. COMMISSIONER TAYLOR: Right? MR. OCHS: Yes. COMMISSIONER TAYLOR: Where in the executive summary that we received at our last meeting it said the budget amount was 124,000. So my question would be the folks -- there was one bidder that responded because the other one said that they can't do this kind of thing, they can't fulfill and store at the same time. So my question was, well, if it had gone out for 124, then approximately 75 we normally spend, would more have come to the -- come up there? We don't know that. But right now, now that we've got a different executive summary that doesn't talk about that amount, 124,000, my question or my request of this Board is to say let this go forward, if it goes over 75,000 it has to come back before us as for approval. MR. OCHS: Commissioner, we're as a staff in complete support of that recommendation. We don't intend to spend more than 75,000 Page 90 February 23, 2016 and would be pleased to bring it back to the Board if we had some urgent need to do that. COMMISSIONER TAYLOR: Thank you. Then I'm very satisfied. That makes it fair for everyone. CHAIRMAN FIALA: And the motion is? COMMISSIONER TAYLOR: The motion is that we recommend that this goes forward, that any spending over 75,000 must come back to this Board for approval. CHAIRMAN FIALA: Second? COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Second, okay, by Commissioner Henning. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) MR. OCHS: Thank you, Commissioners. COMMISSIONER HENNING: Why don't we take that last item that we have? COMMISSIONER TAYLOR: What's our last item? And that's it? CHAIRMAN FIALA: Yes. COMMISSIONER TAYLOR: Oh, my gosh, let's do it. And we come back for public comment at 1:00? MR. OCHS: You can do your public comment right at the end of this item, if you'd like. COMMISSIONER TAYLOR: Okay, let's do it. MR. OCHS: You want to proceed, Madam Chair? Page 91 February 23, 2016 CHAIRMAN FIALA: Yes, please. Item #12A APPOINTING ONE OF ITS OWN AS ITS REPRESENTATIVE FOR THE UPCOMING REQUIRED MEDIATION WITH THE NORTH COLLIER FIRE AND RESCUE DISTRICT IN THE MATTER RELATING TO THE PENDING CASE OF NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT V. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, CASE NO. 15-CA-1871, NOW PENDING IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, AUTHORIZE THE REPRESENTATIVE TO NEGOTIATE ON BEHALF OF THE BOARD, AND TO BRING BACK ANY PROPOSED SETTLEMENT TO THE BOARD FOR THE BOARD'S REVIEW AND CONSIDERATION — MOTION TO APPOINT COMMISSIONER HENNING — FAILED (COMMISSIONER FIALA, COMMISSIONER HILLER AND COMMISSIONER HENNING OPPOSED); MOTION TO APPOINT COMMISSIONER NANCE WITH WAIVER OF ANY STATUTORY DEADLINES — APPROVED; MOTION EXTENDING THE COPCN UNTIL MARCH 31, 2016 AND WAIVING ANY STATUTORY DEADLINES — APPROVED MR. OCHS: Then you have Item 12.A under your County Attorney's Report. And this is a recommendation to consider appointing one of the Board members as its representative for the upcoming required mediation with the North Collier Fire and Rescue District in the matter relating to the pending case of North Collier Fire Control versus Board of County Commissioners. And I'll turn this to County Attorney Klatzkow. Page 92 February 23, 2016 MR. KLATZKOW: Yeah, the final step in this intergovernmental dispute process is remediation. It would be my recommendation that you appoint one of your own to do whatever negotiations there are to bring back to the Board a possible resolution. And the dates will be dependent upon your calendar and the calendar of the other representative. And the discussions have been that we will hold them in this building, probably in this room, in fact. And I would also ask that you waive any statutory deadlines as we have sort of passed those statutory deadlines during the process. CHAIRMAN FIALA: You know, I would like to suggest as the Chairman that we -- as we choose one of us to represent our concerns we have to also make sure that we try and stay away from anybody who, you know, has any ties or anything to these issues. Because we want to make sure we go in on a fair and unbiased point of view. And so, you know, they deserve that and we deserve that. So that is my suggestion. And now I've got a couple lights on. Commissioner Taylor? COMMISSIONER TAYLOR: I'd like to nominate Commissioner Henning. I believe he understands the issue. As hard as it is, I would agree with you, the impartiality is very important, but we are very involved in this anyway and I think Commissioner Henning has a deep understanding of the issue, having been serving this community for over 10 or 12 years, I believe. And -- CHAIRMAN FIALA: And I was going to nominate Commissioner Nance because I felt that he's removed from it. And then I've been asked -- well, I'd even been asked something else. Go ahead, Commissioner Hiller. COMMISSIONER HILLER: Yes, I nominate Commissioner Nance as well. So I would either nominate Commissioner Fiala or Page 93 February 23, 2016 Commissioner Nance to negotiate. But then the concern I have is that we're back in the situation where the COPCN is expiring. We've given them an extension at the end of this month. And yeah, I think we need to tackle it and I think -- CHAIRMAN FIALA: Let's do this, and then we will definitely take it up before we leave this dais right this moment. Because in my opinion it must be extended. COMMISSIONER HILLER: Absolutely. And I agree about with you, because otherwise -- CHAIRMAN FIALA: Let's hit that next. COMMISSIONER HILLER: Okay. CHAIRMAN FIALA: And I know I've had a couple other people ask me, because they feel that I don't have a dog in this fight at all. So that's up to you. Now, Commissioners, we've got a couple names, Commissioner Nance -- COMMISSIONER HILLER: You've got three names. CHAIRMAN FIALA: -- and my name even. So what is your pleasure? And Commissioner Henning as well. So that's three names. What is your pleasure, Commissioners? COMMISSIONER TAYLOR: I think we should just put the names out there and vote it up or vote it down as introduced. CHAIRMAN FIALA: Okay, the reason I hadn't considered Commissioner Henning is because he's been so involved I felt that -- I think that that would probably -- we should set him apart from that. Because we would know if he goes into the negotiations what he would want to do. But do you agree with that, Commissioner Henning? COMMISSIONER HENNING: Well, I think whoever represents the Board represents the majority of the Board's historical consensus Page 94 February 23, 2016 on what they would like to see in some sort of agreement, not whether you're engaged or not. But that's my feeling. I would hate to have somebody go in there and represent a minority viewpoint. COMMISSIONER HILLER: I don't think that Commissioner -- neither Commissioner Fiala nor Commissioner Nance have represented the minority. The minority is me. It's been a 4-1 vote with me consistently going, this is wrong. So I feel both Commissioner Fiala and Commissioner Nance are absolutely part of the majority position. And I don't think that the representation by either one of you in this mediation would any way -- would be an issue. Well, I'm just making it clear, the only minority is me, because I'm the one who has consistently been the dissenting position on this. CHAIRMAN FIALA: Do I see that we have a public speaker? MR. MILLER: Yes, ma'am. CHAIRMAN FIALA: Would you call on the public speaker, please. MR. MILLER: Sure. Your public speaker is Shirley Cothran. MS. COTHRAN: I want to thank you for putting this on the agenda today. Because the last two meetings you had, this subject was added at the last minute and the public didn't get to speak. And there were some things said at that time that I felt were not true. But as far as this goes today, of the people up there the only person that I have seen, and I have watched every one of the films on this, is Commissioner Fiala. Commissioner Hiller admits that she is emotional about this. And I understand that, and I share that. And if you listen to Commissioner Henning, he gets sarcastic. And Commissioner Nance, as much as I respect him, he gets angry. Also, Commissioner Taylor does keep her emotions intact, but I think you have a bias. And so -- I think you have a bias towards Dr. Tober. And there are some things that have been put in the record that I'd like to give a different viewpoint of. The reason that North Collier Page 95 February 23, 2016 would not enter into the interlocal was not the Department of Health statute that you read into the record, but it was the Florida Interlocal Cooperative Act of 1969 which says: A public agency may exercise jointly with any other public agency any power, privilege or authority that such agencies share in common and might each exercise separately. If a fire district does not -- is not an ALS agency, they don't have the power to do ALS. They can't be in an interlocal, from a non-attorney's way of reading the law, from just a lay person. The other thing is that you keep bringing up King County, Washington and that they only have one medical director for the entire area. I got their annual report and it says: Regional partners sustain uniformity and consistency across the EMS system. Dr. Eisenberg coordinates policies and procedures among the medical directors of the region's six paramedic programs. And then it names all six of the doctors. So they have multiple EMS medical directors, and I don't see why it's such a terrible thing for us to have them. Thank you. CHAIRMAN FIALA: Okay, Commissioners, what say you? Commissioner Nance? COMMISSIONER NANCE: Commissioner Henning, are you interested in this duty? COMMISSIONER HENNING: Yeah, I -- it really doesn't matter to me. COMMISSIONER NANCE: I would have no problem supporting you, sir, if you're interested and you've been nominated. COMMISSIONER HENNING: And likewise, if you have an interest I'd do the same for you. COMMISSIONER NANCE: That sounds like a soft yes. COMMISSIONER HENNING: No, it's I don't care. COMMISSIONER HILLER: I would support Commissioner Page 96 February 23, 2016 Nance but I can't support Commissioner Henning. I mean, he's running for fire commission, right? COMMISSIONER HENNING: What does that have to do with anything? COMMISSIONER HILLER: It has a lot to do with it. COMMISSIONER HENNING: What are you running for this time? COMMISSIONER HILLER: I'm running for Clerk. COMMISSIONER HENNING: Oh, you are? You're running for Clerk of Court. So you're resigning from running from the State House -- CHAIRMAN FIALA: Okay, okay, children. COMMISSIONER HILLER: Is that on the agenda? COMMISSIONER FIALA: Let's get back onto the subject. And the subject is who are we going to nominate to represent us in the mediations? COMMISSIONER TAYLOR: Well, I put Commissioner Henning's name on the floor. So I think we should vote it up or down. CHAIRMAN FIALA: Do I hear a second? COMMISSIONER HILLER: What was that? I didn't hear it -- COMMISSIONER TAYLOR: You don't have to second. COMMISSIONER HILLER: -- I was eating. COMMISSIONER NANCE: I will second it for discussion. COMMISSIONER HILLER: What is it? CHAIRMAN FIALA: She's saying she put Commissioner Henning's name on the floor and so she -- COMMISSIONER HILLER: I'm supporting Commissioner Nance. CHAIRMAN FIALA: Okay. Well, this is what Commissioner Taylor said. So then there was a second by Commissioner Nance. So let's vote on that first. All in the favor of Commissioner Page 97 February 23, 2016 Henning? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER TAYLOR: You can vote for yourself, sir. CHAIRMAN FIALA: Opposed? Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Well, that pretty well settles it. COMMISSIONER NANCE: See, he reneged on that. COMMISSIONER HENNING: I nominate Dwight Brock. He's running for Clerk of Court, right? It's against Georgia Hiller? CHAIRMAN FIALA: Okay, now we're back onto the subject of fire again. Okay, so we have a motion -- Commissioner Nance? COMMISSIONER NANCE: I don't want to say anything else; I'm just going to get myself into trouble further. COMMISSIONER HILLER: I think that Commissioner Nance and Commissioner Fiala should decide between themselves and which of the two of you -- COMMISSIONER HENNING: I nominate Commissioner Nance. COMMISSIONER TAYLOR: Have -- we had another nomination, that would be Commissioner Nance. We need to vote it up or down. COMMISSIONER HENNING: Yep, and I second that motion. CHAIRMAN FIALA: Okay. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. Page 98 February 23, 2016 COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay, we have a 5-0 for Commissioner Nance. COMMISSIONER TAYLOR: You got it, sir. COMMISSIONER NANCE: And what a get you got, ma'am. CHAIRMAN FIALA: Okay, now we're going to go to the second issue but on this same subject and that is we need to -- COMMISSIONER HENNING: That's not on the agenda. CHAIRMAN FIALA: I understand that. But we also know -- COMMISSIONER NANCE: I want to speak a second. CHAIRMAN FIALA: Yes. COMMISSIONER NANCE: Okay. In that I have been selected to be the representative for this mediation, which is a required public process, I want to discuss the issue of the expiration of the COPCN. Now, I am going to represent, as Commissioner Henning has suggested, the minority opinion. COMMISSIONER HENNING: Majority. COMMISSIONER NANCE: The majority opinion. Sorry, Freudian slip. The majority opinion of the Board of County Commissioners on our stance on this. But what I want to know is do we want to -- does the majority of this Board wish to conduct this mediation with the COPCN having been expired? CHAIRMAN FIALA: No. COMMISSIONER NANCE: Or do we want to see it -- do we want to wait for this required public process to play out before we decide how that's going to go? Now, so far we have -- there's been a motion to extend this Page 99 February 23, 2016 COPCN at a prior meeting on the Board meeting of 2/9/16, and the vote was not to extend it past February 25th, which is two days from now. So is there an advantage or disadvantage of having the COPCN extended? What are the ramifications of that for a successful mediation? Because as your representative, I have to assume that we have an opportunity to come to agreement. I'm entering the mediation with the idea that the request of the Board is going to be advanced, but I believe that we have a possibility to reach an agreement. So what is -- what is the wish of the Board at this time on that issue? And I would like to hear from each of you as to how you think CHAIRMAN FIALA: First Commissioner Henning, then Commissioner Fiala, then Commissioner Hiller. COMMISSIONER TAYLOR: I wonder, excuse me, just a point of order, this is not on the agenda. Is this going to be a problem, County Attorney? MR. KLATZKOW: No, because it ties into this issue. COMMISSIONER NANCE: I'm just requesting it, ma'am, as your representative. COMMISSIONER TAYLOR: No, no, no, I just wanted to make it clear. COMMISSIONER NANCE: I'm requesting determination from the Board as to what the majority opinion is as to how we're going -- I mean, this is a required public process. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, the email that you received yesterday I believe from North Naples -- COMMISSIONER NANCE: North Collier Fire. COMMISSIONER HENNING: Yeah. -- stated contrary to what the majority of the Board says. They Page 100 February 23, 2016 felt, you know, it was no big deal to not have a ride-along on the ambulance. COMMISSIONER NANCE: I'm aware of that, sir. COMMISSIONER HENNING: So extending it is not going to get anywhere. The whole issue is going to end up in court. The other issue is they're viewing will Dr. Tober get along with Dr. Panozzo. That's not the issue. See, they failed to recognize -- and this is where it's all political on their response, it's purely politics on their response -- is you're telling the medical director who he's going to work with. You're telling him who you're going to work with. If you don't like what he says, there's going to be an arbitrator. Where else in any other fire district or municipality is that set up that way? It's nowhere. So it's not a common procedural countywide response or training. I'd say let it expire. COMMISSIONER TAYLOR: I would agree. CHAIRMAN FIALA: Okay, now, you're not next, I'm next. And then Commissioner Hiller is next. And then you're again. Okay, so my point of view is we're in place now, it's running smoothly. It would be ending day after tomorrow. We don't even have the force in place to be able to serve that -- in the height of season to be able to serve that area. And they're going to -- all of their people are going to go out of commission and it's going to cost us a bunch of money not to extend it for at least a month. I just think that that's wrong. It's not, you know, dig your heels in the sand, let's just start working toward the mediation and see how the mediation comes out. I truly believe we should extend their COPCN. Commissioner Hiller next. COMMISSIONER HILLER: Thank you. I agree with Commissioner Nance and Commissioner Fiala. The district that we're talking about in part, in actually large part, is my district and my constituency. I have great concerns, great fears for Page 101 February 23, 2016 their safety if this program is suspended. On top of which we have major hotels in that district that brought in a lot of people. We have major entertainment centers like Mercado. There are so many people that visit that district, I would be very, very concerned to see ALS suspended at the level that it's been provided at and the burden placed on the county which is already taxed in its efforts to serve the jurisdiction it currently serves, let alone add more out of North Collier, which now also includes Big Corkscrew. So I would have to say extending it is the right thing to do in the public's interest. I would suggest probably more than 30 days. I mean, maybe 45, maybe 60. Because my concern is if the mediation is ongoing, we don't know how long it will last. Commissioner Nance has expressed he hopes that we can come to an agreement, which is a very positive statement. And it may take more than one meeting. I think if we extended it say for 45 days to allow Commissioner Nance the opportunity to not feel, you know, pressure when he's negotiating this but, you know, to be able to do the best job possible in the interest of the community, we'd be making the right decision. CHAIRMAN FIALA: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Yeah, I would agree with Commissioner Henning. And also, you know, as I said at our joint meeting, you know, we -- you know, I checked with the County Manager about the concept of us taking over ALS service in the district. And he indicated that they are prepared. I spoke with him this week about it. They are prepared. It will go seamlessly, it will happen. And I think the extension and extension and extension is wrong. I think North Naples made a decision and we need to act. It's time to act. MR. OCHS: Commissioners, just let me make the same qualifier Page 102 February 23, 2016 I did last time. This whole contingency plan is based around maintaining the Board's adopted AUIR level of service standard which is eight minutes or less response in the urban area. I don't want that confused with the fact that North Naples Fire apparatus with ALS medics on it are arriving prior to that time in most cases. So the contingency plan is based on meeting your adopted level of service standard for -- COMMISSIONER TAYLOR: That's right. MR. OCHS: Okay? CHAIRMAN FIALA: Okay, fine. Commissioner Nance? COMMISSIONER NANCE: I don't want to make this a real long conversation, but I feel like since I, who have been selected as the mediator, it seems like I'm going to be the swing vote on this issue, so I want you to please indulge me a moment. Because what I want to do is I want to take you through where we've been and perhaps that will impact what one or more of you think. I'm going to go back to the shade session of January the 12th. At that point the Board entered into an agreement to suggest to North Collier Fire that we have an arrangement through an Interlocal Agreement. On the 25th of January we had a joint public meeting in which North Collier Fire indicated that it was their legal contention that interlocal agreements were illegal, and as such we declared that there was an impasse. That was the first step in Chapter 164 required mediate-- process. On the 26th, the Board of County Commission made an offer to extend a COPCN to North Collier Fire that was conditioned; it was a COPCN with conditions. On the 2nd of February, not quite 10 days later, North Collier Fire sent a letter that basically outlined their conditions for accepting our Page 103 February 23, 2016 conditioned offer, and requested an extension of the COPCN. On the 9th of February we indicated that we were not inclined to extend the COPCN. Yesterday at 1:30 in the afternoon I received a packet over a -- I think it's over 100 pages that restated North Collier Fire's conditions for accepting our conditioned COPCN and requested extension again. Through this all my discussions with County Attorney Klatzkow have indicated that because we are in this Chapter 164 mandated mediation process, that that has been a -- it's been problematic to staff meeting and working out the details of any of these agreements. And I think it's ironic that North Collier Fire in their letter yesterday said that they were disappointed that the Board of County Commissioners didn't flesh out an interlocal -- the details of an interlocal agreement where they themselves have maintained all along that interlocal agreements are illegal. So we've got disagreement on many levels. My question to the Board is, and maybe it doesn't sway you at all, but do you think the public expects the Board of County Commission, before we make this change and do not renew the COPCN, that we go through this required public mediation? I tend to think that the public expects that we at least go through this process with a good faith intent. And I don't think that letting it expire necessarily indicates that we have a good faith intent on the required mediation. I'm going into -- you know, you have tasked me with this responsibility and I want to go into it with an open mind, and I certainly do not want the public to expect that I am entering into it or that the Board is entering into it with a closed mind. And so that's why I am a little reluctant. I don't know if any of you have any comments on that. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, obviously the majority Page 104 February 23, 2016 wants to extend it, so what is it? How many days? COMMISSIONER NANCE: I'm just asking if you don't think that's a concern -- COMMISSIONER HILLER: I think we should -- MR. KLATZKOW: I would extend 'til to your meeting following the mediation. COMMISSIONER HILLER: Yeah. COMMISSIONER NANCE: Well, let's look at the calendar further. Let's see what's going to hap-- let's just imagine what's going to occur. COMMISSIONER HENNING: But -- COMMISSIONER NANCE: We have two meetings in the month of March. We have one on the 8th and one on the 22nd. I don't think there's any way we're going to have anything to consider on the 8th. Do you think that's reasonable? MR. KLATZKOW: That's reasonable. COMMISSIONER NANCE: I think that there's no way we're going to have anything. So that's going to take us to the 22nd. So we're going to have an opportunity to consider something, possibly a settlement or, you know, if the mediation reaches an impasse, as soon as the mediation -- let's assume the negative for a second, let's assume that the mediation does reach an impasse. At that point we are then open to any options we have. We can have staff reconvene, we can have staff talk to staff. We can get everybody together or everybody can agree to go home mad and pursue legal options. But I think if staff can come back together, if there's any movement at mediation at all, staff can come back together, have something for the 22nd. If we have something at the 22nd, I imagine the fire commission is going to have to accept it or deny it. So you're going to need a few days after that. So if we extend it, I think March 31st makes operational sense to me. CHAIRMAN FIALA: That's just exactly what I wrote down. Page 105 February 23, 2016 COMMISSIONER NANCE: Well, that's what North Collier Fire has requested and suggested. COMMISSIONER HILLER: What date? I'd like to hear what County Attorney Klatzkow -- because we can't make any -- COMMISSIONER HENNING: I had my light on. COMMISSIONER HILLER: I'm sorry. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: We can't do what Jeff proposed because they would just delay it. Their whole thing is they want to delay this until the election. COMMISSIONER TAYLOR: That's right. COMMISSIONER HENNING: Okay? So you have to put a solid date -- you're saying March, the second meeting in March, correct? COMMISSIONER NANCE: My gut level tells me that will let us do this mediation; it will be a certainty of good faith by the Board. I don't think there's any difference in it expiring on the 25th of February or the 31st of March if there's no movement. I don't think there's any functional difference in those two expiration dates, to me. I do not intend to support an extension of the COPCN unless there is an agreement on the table that's very close to being finalized, I can tell you that. I'm not going to be inclined to do that. But I do have to say that I think it's in our best interest to allow this mediation, at least to go forward honestly and with good faith. CHAIRMAN FIALA: That's why we choose you, because you're sensible. Okay, so Commissioners, what do you -- COMMISSIONER NANCE: What do you think about that date, Commissioner? COMMISSIONER HENNING: You're saying March 21st? CHAIRMAN FIALA: 31st. Page 106 February 23, 2016 COMMISSIONER NANCE: March 31st. COMMISSIONER HENNING: March 31st. That's fine. COMMISSIONER TAYLOR: That works. CHAIRMAN FIALA: So do I. Commissioner Hiller? COMMISSIONER HILLER: (Nods head affirmatively.) CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Yes, yes. CHAIRMAN FIALA: So we have five people nodding, saying yes March 31st to extend this COPCN to -- COMMISSIONER NANCE: Well, I'll make that motion, then. I'll make the motion. CHAIRMAN FIALA: Second. Okay. So we have a motion on the floor and a second. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. And we wish you the best of luck on this and -- COMMISSIONER NANCE: Well, you all have sent me on an interesting errand and I will do my very best. CHAIRMAN FIALA: Let's hope that -- MR. KLATZKOW: Can I ask for one housekeeping measure? That we extend the statutory time to complete mediation. COMMISSIONER NANCE: I will make that motion. CHAIRMAN FIALA: Okay, when is -- Page 107 February 23, 2016 MR. KLATZKOW: Oh, we're past it by now. CHAIRMAN FIALA: Okay. And second. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Okay. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Madam Chair, that moves you onto number seven on your agenda, Public Comments on General Topics not on the Current or Future Agenda. MR. MILLER: We have no registered speakers. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: That would take you then to Item 15, your final item, Staff and Commission General Communications. Commissioners, two quick items from me. The first, again as always, is a reminder of your upcoming workshops. You have your March 1st workshop on the subject of affordable and workforce housing that begins at 9:00 a.m. That's 9:00 a.m., not 1 :00 p.m. And then on April 5th you have your annual workshop with your Page 108 February 23, 2016 CRA advisory boards, and that begins at 1:00 p.m. Commissioners, the other item that I have to discuss briefly this afternoon is a request that I received from Senator Richter a week or so ago, advising that his legislation on the regulation of the oil and natural gas industry and his bill is up on Thursday of this week, the final committee hearing and the Senate. There is a companion bill that's already passed through the committees in the House and is on the House floor. He has asked for our lobbyist to be able to stand up and give some testimony on that bill at the hearing. And while I have my professional opinion about that, I have survived this long by making sure that the policymakers share that before I would give some direction to the lobbyist on this issue. CHAIRMAN FIALA: Okay, very -- COMMISSIONER NANCE: This is a request? MR. OCHS: It's a request from the Senator to allow our lobbyist to speak in favor of the bill when it comes up for a hearing on Thursday, given the progress that's been made during the session to try to address the five items that the Commissioners had identified when you set your legislative priorities and had some detailed discussion on this particular bill. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. Leo, can you update us on where this bill stands, both, you know, in the House and the Senate as compared to other bills? Because a concern that I have is going through this legislative session and seeing nothing passed at all. And, you know, if Richter's bill has the greatest likelihood of success of any bill out there, then I think we should stand up and support him to ensure that something does get passed. Because I think nothing would be worse than if nothing is done. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: But I don't really know where we Page 109 February 23, 2016 stand on that as of right now. I had an idea of where we stood several weeks ago, but where are we like right now? MR. OCHS: Ma'am, I'm not aware, and I've had this confirmed with Mr. Durham and our lobbyist, I'm not aware of any other bill that regulates this industry that has gone through the House or has a companion except for the bills that Senator Richter and Representative Rodriguez have moved through the legislature. COMMISSIONER HILLER: And Rodriguez's bill has gone all the way through the House at this point. MR. OCHS: Yes, ma'am, it's gone through all the House committees and it's on the -- COMMISSIONER HILLER: So all we're doing is waiting for the Senate and there's no other bill from any representative that has gone -- no competing bill that has gone through the house or the Senate at this point? MR. OCHS: Correct. COMMISSIONER HILLER: Okay. Well, then, I mean, I would have say that yes, we would want our lobbyist to speak to this bill, because like I said, nothing would be worse than if nothing got done at all. And at least this is a first step. So I would make the motion that we allow our lobbyist to speak on this particular issue. COMMISSIONER NANCE: I will second it. And I also would like to make a couple of remarks. You know, I've spoken to Senator Richter personally on this, and he is doing his very best to address all the concerns while trying to move a bill forward to passage. And, you know, what I said before and I haven't changed my mind, I hope for the very, very best bill that we can get that gets passed by the legislature and gets signed into law by the Governor. It's going to do us very little to rely on some sort of-- you know, we're not going to have any comfort if we had a perfectly Page 110 February 23, 2016 designed bill that couldn't go through the process. So I will certainly -- I've seconded it and I suggest and hope that we can support our Senator. I think he's really worked very hard on this. COMMISSIONER HILLER: I agree. CHAIRMAN FIALA: Any other comments from any Commissioners? (No response.) CHAIRMAN FIALA: We have a motion on the floor and a second. All in favor, signify by saying aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER TAYLOR: Opposed. And the reason is there are two issues that are not addressed in the bill, and I think the one issue is the chemical registry. It leaves our first responders at great risk. The second issue is the matrix acidizing which needs to be addressed in the bill so that the chemicals used in matrix acidizing are listed. So they're kind of a companion area. Of the five issues that we brought forward as a Commission, three of them have been addressed, but these two are critical for our health, safety and welfare of our public. MR. OCHS: Thank you, Commissioners. That's all I have, Madam Chair. CHAIRMAN FIALA: Okay, County Attorney? MR. KLATZKOW: I have nothing, ma'am. CHAIRMAN FIALA: Very good. Commissioner Taylor? COMMISSIONER TAYLOR: Well, you know, I have been by Page 111 February 23, 2016 default nominated as the -- indirectly my name has been put into the mix for chairman of the MPO. Because our city representative of course is -- it's the cycle and you're not going to be there and Commissioner Henning's not going to be there and Commissioner Hiller's not going to be there, so -- Commissioner Fiala's running and she's chairman. And so I, you know, depending on what the Board wants to do in our March meeting, I will accept it. So that means that I would like to put the wonderful position of the -- my position on the Southwest Florida Regional Planning Council up to this Board because I'm also chairman of the TDC and I'm on the canvassing committee this year. So I'm a busy girl. CHAIRMAN FIALA: Let me ask a question before we go past your name by the city. Does that mean the city loses one of their representatives if they are choosing you as their representative? COMMISSIONER TAYLOR: No, no, no, just the chairman, as the chairman. Not in lieu of. CHAIRMAN FIALA: Good. Because I didn't want you to lose that position? COMMISSIONER HILLER: What about Marco? CHAIRMAN FIALA: Marco's on there too. COMMISSIONER HILLER: I mean, why wouldn't the rep from Marco -- does it go back and forth between the city and county? COMMISSIONER TAYLOR: Well, I believe it's city and county. I don't know how it works in bringing Marco in. But I know that our representative from Marco is not going to be there anymore. He's the chairman. So it would be a brand new person -- COMMISSIONER HILLER: No, Sam Saad is the Chairman. COMMISSIONER TAYLOR: Pardon me? COMMISSIONER HILLER: Sam Saad is the -- COMMISSIONER TAYLOR: He's stepping down. COMMISSIONER HILLER: I understand, but there is a Page 112 February 23, 2016 representative from the City of Marco on the -- COMMISSIONER TAYLOR: Who is stepping down also, he's not going to be on the committee next year. COMMISSIONER NANCE: Everybody's going to be new. COMMISSIONER HILLER: But that's okay. So when is the chairmanship up and when are these -- COMMISSIONER TAYLOR: Next meeting. COMMISSIONER NANCE: At the next meeting? COMMISSIONER TAYLOR: Would you like to take it? It would be great. I would be more than happy to give it to you. COMMISSIONER HILLER: What, to be chairman of the MPO? COMMISSIONER TAYLOR: Yes. You'd have to attend. COMMISSIONER NANCE: Ouch. COMMISSIONER HILLER: Sure. I'll do it. For as long as I sit on this board I'll do it. COMMISSIONER NANCE: We all can debate that at -- COMMISSIONER HILLER: And happily do it. COMMISSIONER NANCE: -- the next meeting. CHAIRMAN FIALA: Yeah, we should be doing that probably at the MPO meeting, right? COMMISSIONER TAYLOR: Yeah, at the MPO. But I'm just at this point -- and the Southwest Florida Regional Planning Council position is something that I kind of would like to -- COMMISSIONER HILLER: Well, that whole board needs to -- COMMISSIONER NANCE: It's a tough deal right there. COMMISSIONER HILLER: -- go away. I mean, what's the status on that? MR. CASALANGUIDA: Statutorily still required ma'am. RPC. COMMISSIONER HILLER: No, no, are we statutorily required to attend and participate if we choose not to? I don't believe that it is binding -- Page 113 February 23, 2016 COMMISSIONER NANCE: We're required to pay. MR. CASALANGUIDA: We're required to pay. MR. KLATZKOW: There's no penalty. COMMISSIONER HILLER: Okay. So hang on a second. If there's no penalty, we can send a staff person as our agent -- MR. CASALANGUIDA: No, ma'am. COMMISSIONER HILLER: -- to attend those meetings. MR. CASALANGUIDA: No, ma'am, you can't. It has to be a Board member. COMMISSIONER HILLER: Do we have to attend? COMMISSIONER TAYLOR: Yes. MR. CASALANGUIDA: Well, that's a tough question. COMMISSIONER HILLER: No, no, are we -- I would like to know. Because if we don't have to attend then we can allow a staff member to listen telephonically and give the Board a report on any issue that could be of importance. I mean, they don't do anything. COMMISSIONER NANCE: I'm going to continue to -- I'm one of the representatives. I will continue to attend and the other representative can attend by phone as he or she sees fit. And Commissioner Taylor's chosen to do that. And I don't fault her for that. I go a lot of times because I think there's some ancillary business oftentimes before and after the meeting that is not actually MPO meeting that I find some utility in from time to time. So I try to go. But it's been a very, very difficult circumstance. A planning council staff member actually came out with an opinion faulting the Governor for his determination on the Lake Okeechobee discharge, so we had to try to make a less than graceful recovery from that. I don't understand answer why -- how we got there, considering the fact that the Governor is doing his best to defund and basically terminate the Regional Planning Council by attrition. He obviously doesn't support them and there's few in the legislature who support them, so I'm Page 114 February 23, 2016 anticipating there's going to be even less support since there was a kind of an embarrassing article that got into the media. But I will continue to go, simply because I feel like somebody ought to be in attendance since we're contributing I guess 100 grand. Mr. Casalanguida? MR. CASALANGUIDA: In -- COMMISSIONER NANCE: Yeah, I think we need to figure out a way to at least make sure -- COMMISSIONER HILLER: Are we required to contribute 100 grand? MR. CASALANGUIDA: Yes, you are, ma'am, statutorily. It's more than 100,000. COMMISSIONER NANCE: So until there's an alternate, I will serve out until my term on the Board is done, and that will take the pressure off you guys a little bit if you don't -- I don't think you need to make a big commitment to it. It's -- CHAIRMAN FIALA: Let's just rush him right into that, and you don't even have to say any comment, we all approve. Because nobody else really can get up there. Thank you, it would have been difficult for you to get all the way up there. COMMISSIONER NANCE: Yeah, it's way up there. CHAIRMAN FIALA: I know it was for me. Because you have to go way up to the other end of-- you know, to Fort Myers City. COMMISSIONER TAYLOR: For Lee -- you mean for the Southwest Florida Regional Planning -- CHAIRMAN FIALA: Yeah. COMMISSIONER TAYLOR: Well, they're south now. Kind of south and east. CHAIRMAN FIALA: Did they change their meeting? COMMISSIONER TAYLOR: Yeah. COMMISSIONER NANCE: They're way on the coast now. Page 115 February 23, 2016 CHAIRMAN FIALA: Okay, well anyway, okay, thank you very much for -- COMMISSIONER TAYLOR: That's all I have. CHAIRMAN FIALA: -- offering to continue that, Commissioner Nance. Commissioner Henning? COMMISSIONER HENNING: My only comment is, is welcome to the Board of County Commissioners. You're the new member and we're getting you on as many committees as we can, so -- COMMISSIONER TAYLOR: Yeah, you're it. COMMISSIONER HENNING: You're it. Motion to adjourn. CHAIRMAN FIALA: We were just hearing from County Attorney and he's done. Commissioner Taylor, you were bringing that up. COMMISSIONER TAYLOR: Done. CHAIRMAN FIALA: Next, Commissioner Nance? COMMISSIONER NANCE: Thank you. I think we had a very respectful meeting. We actually covered some pretty important things today. Thank you. I know it was a lot of things that are taking place in District 5, but thank you for all your consideration. Good meeting. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Motion to adjourn. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: To begin, I would like to say thank you very much to our court reporter that made these incredible little gluten free cookies. And you've got to try them, because I've been nibbling on them. And they were sitting there and, you know, usually in the afternoon everyone eats, but since we're going to be done by -- COMMISSIONER NANCE: I don't have a lot of the gluten -- Page 116 February 23, 2016 COMMISSIONER HILLER: -- 12:30 my concern was that all her efforts to treat us would go unnoticed. So I first wanted to say thank you very much. And they're really good and I've been eating a lot of them and I really like them. And I think everybody else does. CHAIRMAN FIALA: Any other comments? COMMISSIONER HILLER: I don't know, do I have any other comments? CHAIRMAN FIALA: No, you don't have to have any, that's okay. COMMISSIONER HILLER: Can you give us a status report on what the Clerk is doing? There was an article that he was considering appealing. Is he appealing? MR. KLATZKOW: I just got the notice of appeal earlier today, ma'am. CHAIRMAN FIALA: He's going to appeal that? MR. KLATZKOW: Looks that way. COMMISSIONER NANCE: Well, that's -- CHAIRMAN FIALA: Are we keeping -- COMMISSIONER NANCE: That's somewhat disappointing to me. CHAIRMAN FIALA: -- account over how much this is costing us? COMMISSIONER NANCE: Maybe we should ask him. CHAIRMAN FIALA: All these lawsuits? MR. KLATZKOW: It's been a lot of money. CHAIRMAN FIALA: Thank you. COMMISSIONER HILLER: So the fact of the matter is he wasn't looking for a safe harbor. And now what he's effectively doing is using our county's money to litigate this issue at an appellate level because some other county doesn't like it? Is that the reason? Doesn't make a whole lot of sense. Page 117 February 23, 2016 MR. KLATZKOW: You would have to ask him that. COMMISSIONER HILLER: Well, the courts have ruled, he has a safe harbor. Clearly that wasn't his agenda. It's -- COMMISSIONER NANCE: It's unfortunate. CHAIRMAN FIALA: Any other comments? COMMISSIONER HILLER: I don't think so. CHAIRMAN FIALA: Okay. With that I'll just wind this meeting up. I'll just skip any comments I might have and say thank you all for being here. See you next time. Meeting is adjourned. ***** **** Commissioner Nance moved, seconded by Commissioner Taylor and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 INVITATION TO BID (ITB) #15-6467R FOR THE "PURCHASE AND INSTALLATION OF MULCH" AWARDED TO AMADO LAWN SERVICE, LLC, PRIMARY CONTRACTOR, HANNULA LANDSCAPING, INC., THE SECONDARY CONTRACTOR FOR SECTION 2 AND SOUTHEAST SPREADING COMPANY, THE SECONDARY CONTRACTOR FOR SECTION 3 — A 1-YEAR CONTRACT WITH THREE (3) ONE YEAR OPTIONS TO RENEW FOR INSTALLATION OF MULCH IN ROAD RIGHTS- OF-WAY'S (ROW), PARKS & REC LOCATIONS AND VARIOUS AREAS REQUESTED BY STAFF Item #16A2 Page 118 February 23, 2016 RESOLUTION 2016-32: FINAL APPROVAL OF PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, FOR THE FINAL PLAT OF VERONAWALK, PHASE 4C, APPLICATION NO. AR-12895, THAT WILL BE PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY IN THE AMOUNT OF $1,647,827.73 Item #16A3 RECORDING THE FINAL PLAT OF RAFFIA PRESERVE - PHASE 4, (APPLICATION NUMBER PL20150002153) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS FOR A PROJECT WITHIN THE WOLFE CREEK RPUD Item #16A4 RECORDING THE FINAL PLAT OF MAPLE RIDGE AT AVE MARIA, PHASE 4, (APPLICATION NUMBER PPL20150001919) APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A5 RECORDING THE MINOR FINAL PLAT OF ARLINGTON OF NAPLES, (APPLICATION NUMBER PL20150002498) — A PROJECT WITHIN THE LELY RESORT COMMUNITY Page 119 February 23, 2016 Item #16A6 RECORDING THE FINAL PLAT OF MARENGO AT FIDDLER'S CREEK (APPLICATION NUMBER PL20150001451) APPROVING THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVING THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A7 AMENDMENT NO. 1 TO THE DEVELOPER CONTRIBUTION AGREEMENT WITH AVE MARIA DEVELOPMENT, LLLP, AND AMENDMENT NO. 1 TO AN INTERLOCAL AGREEMENT WITH THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT TO RECOGNIZE THE RESCISSION OF THE AVE MARIA DRI, RECOGNIZE THE COLLIER COUNTY RURAL LAND STEWARDSHIP PROGRAM AS A STATUTORY RURAL LAND STEWARDSHIP AREA PURSUANT TO FLORIDA STATUTE SECTION 163.3248(11), RECOGNIZE A REVISION TO THE AVE MARIA SRA TO ADD 600,000 SQUARE FEET OF LIGHT INDUSTRIAL/ WAREHOUSING, TO MEMORIALIZE THE DEVELOPER'S PRIOR COMMITMENT TO RELAX THE IMPACT FEE COLLECTION USE RESTRICTION AND PROVIDE THE ABILITY TO TRANSFER OR ASSIGN ALL OR A PORTION OF ROAD IMPACT FEE CREDITS WITHIN ROAD DISTRICT 5 OR ADJACENT ROAD IMPACT FEE DISTRICTS — AS DETAILED IN THE EXECUTIVE SUMMARY Page 120 February 23, 2016 Item #16A8 RESOLUTION 2016-33: MEMORIALIZING BOARD APPROVAL OF A TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY FOR THE MAINTENANCE OF BRICK PAVERS INSTALLED ON A PORTION OF DAVIS BOULEVARD BETWEEN SANTA BARBARA BOULEVARD AND COUNTY BARN ROAD, UPON COMPLETION OF FINANCIAL PROJECT #433173-1-52-01; A RESOLUTION MEMORIALIZING BOARD APPROVAL OF THE AGREEMENT — BRICK PAVERS WILL BE INSTALLED IN THE MEDIANS INSTEAD OF ASPHALT AND THE COUNTY WILL BE RESPONSIBLE FOR WEED CONTROL, CLEANING, AND REPLACING ANY BRICK PAVERS IF NECESSARY; FDOT WILL MOW, EDGE THE INTERSECTION IMPROVEMENTS AND MAINTAIN ALL OTHER ASPECTS OF THE STATE ROAD MAINTENANCE PROGRAM Item #16A9 WORK ORDER #14-6213-55, AWARDED TO HASKINS INC., FOR THE LELY AREA STORMWATER IMPROVEMENT PROJECT (LASIP) — COPE LANE AND CREWS ROAD IN THE AMOUNT OF $342,369.80, PROJECT NO. 51101 — THE JOB CONSISTS MAINLY OF DITCHWORK, CONSTRUCTION AND MINIMAL PIPING AND WAS DESIGNED IN COMBINATION WITH THE SANDY LANE IMPROVEMENT PORTION OF THE LASIP PROJECT ALONG WINGSOUTH AIRPARK Item #16A10 Page 121 February 23, 2016 CONVEYANCE OF LANDS ON IMMOKALEE ROAD AND WAIVING THE AUTOMATIC RESERVATION OF PHOSPHATE, MINERALS, METALS, AND PETROLEUM RIGHTS REQUIRED UNDER SEC. 270.11(1), F.S. (FISCAL IMPACT: $0) — RELATED TO PARCEL #00191960004 (806) ON IMMOKALEE ROAD AND A 2005 STIPULATED FINAL JUDGEMENT IN WHICH THE PROPERTY OWNER HAS REQUESTED CONVEYANCE OF FEE SIMPLE INTEREST IN PARCEL 806 AND IS UNDER CONTRACT TO SELL THE PROPERTY TO DEVELOPER OF A PARENT TRACT, ROCK DEVELOPMENT GROUP, LLC, CURRENLY INVOLVED IN PETITION PUDZ- PL20150000204, A REQUEST TO REZONE PROPERTY TO THE ABACO CLUB RESIDENTIAL PUD Item #16B1 RESOLUTION 2016-34: EXPRESSING SUPPORT FOR THE CONTINUED DESIGNATION OF IMMOKALEE AS A RURAL AREA OF OPPORTUNITY (RAO) WITHIN THE FLORIDA HEARTLAND REGIONAL ECONOMIC DEVELOPMENT INITIATIVE, INC. (FHREDI) SOUTH CENTRAL FLORIDA REGION — A GROUP FORMED IN 2001 THAT INCLUDES CITIES, TOWNS AND COMMUNITIES WITHIN DESOTO, HIGHLANDS, GLADES, OKEECHOBEE, HENDRY AND HARDY COUNTIES AND THE CITIES OF BELLE GLADE, PAHOKEE, SOUTH BAY AND THE COMMUNITY OF IMMOKALEE FOR THE PURPOSE OF IMPROVING AND PROMOTING ECONOMIC OPPORTUNITY IN THOSE AREAS AND ALLOWS CONTINUATION OF ALL GRANT FUNDING Page 122 February 23, 2016 Item #16B2 COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE CHAIR TO EXECUTE A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE COMMUNITY REDEVELOPMENT AGENCY AND 3612 BAYSHORE DRIVE, LLC, D/B/A LEO'S SOD, INC. IN THE AMOUNT OF $2,662.50 FOR PROPERTY AT 3612 BAYSHORE DRIVE AND WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA — GRANT FUNDS WILL BE USED TOWARD COSTS ASSSOCIATED WITH DEMOLITION OF AN EXISTING BUILDING ON THE PROPERTY & CONSTRUCTION OF COMMERCIAL BUILDING IMPROVEMENTS Item #16C1 RESOLUTION 2016-35 : RESOLUTION AND SATISFACTION OF LIEN FOR 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OF WHICH THE COUNTY HAS RECEIVED PAYMENT IN FULL SATISFACTION OF THE LIEN. (FISCAL IMPACT: $27.00 TO RECORD THE SATISFACTION OF LIEN) — FOR PROPERTY LOCATED AT 1030 15TH ST SW, NAPLES Item #16C2 RESOLUTION 2016-36: AUTHORIZING THE BOARD CHAIRMAN TO EXECUTE A UTILITY WORK AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO LOCATE, PROTECT, AND ADJUST IF NECESSARY Page 123 February 23, 2016 COLLIER COUNTY WATER-SEWER DISTRICT (CCWSD) UTILITIES IN CONJUNCTION WITH FDOT'S PROJECT TO RESURFACE AND REPLACE SIGNAL MAST ARMS ON STATE ROUTE 84 (DAVIS BOULEVARD) BETWEEN COUNTY BARN ROAD AND SANTA BARBARA BOULEVARD; AND APPROVE AN FDOT STANDARD FORM RESOLUTION AUTHORIZING CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE THE AGREEMENT (FISCAL IMPACT $60,000) Item #16D1 EXPENDITURE OF TOURIST DEVELOPMENT TAX FUNDS FOR PURCHASE AND INSTALLATION OF AN AMERICAN WITH DISABILITIES (ADA) APPROVED BEACH MAT AT THE KAYAK LAUNCH AT CLAM PASS FOR $7,895 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM — A MAT APPROXIMATELY 5 FEET WIDE BY 75 FEET LONG MADE OF IPE TEAK MATERIAL WITH A LIFE SPAN ESTIMATED AT 20-YEARS THAT WILL BE INSTALLED BY FA REMODELING AND REPAIRS, INC. AT A COST OF $2,815 AND WITH WORK PERFORMED UNDER BOARD APPROVED CONTRACT #15-6430, MAINTENANCE & MINOR REPAIRS Item #16D2 RESOLUTION 2016-37 : REPEALING ALL PREVIOUS RESOLUTIONS TO ESTABLISH COLLIER COUNTY PARKS AND RECREATION POLICY AND PROCEDURES FOR THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN COUNTY PARKS TO SPECIFICALLY INCLUDE EAST NAPLES COMMUNITY PARK — A REQUEST BY EVENT ORGANIZERS Page 124 February 23, 2016 OF THE US OPEN PICKLEBALL CHAMPIONSHIP BEING HELD IN APRIL, 2016 AT EAST NAPLES COMMUNITY PARK; MORE SPECIFICALLY GIVING AUTHORIZATION TO SERVE ZING ZANG VODKA AT THE EVENT, CORPORATE SPONSOR OF THE TOURNAMENT Item #16D3 RECOGNIZING INTEREST EARNINGS FROM STATE AID TO LIBRARY GRANTS AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $309.25 — RECOGNIZING INTEREST EARNED THROUGH DECEMBER 31, 2015 Item #16D4 AN AFTER-THE-FACT AMENDMENT TO THE MASTER CONTRACT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC. FOR FEDERAL-AND STATE-FUNDED SERVICES FOR SENIORS PROGRAMS (NO FISCAL IMPACT) — AMENDMENT NO. 3 TO CONTRACT #HM 203. 14 THAT WAS EFFECTIVE 12/16/2015 Item #16D5 SERVICES FOR SENIORS, AFTER-THE-FACT, STANDARD CONTRACT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC., AND AUTHORIZE ASSOCIATED BUDGET AMENDMENTS FOR THE FY 16 OLDER AMERICANS ACT TITLE III PROGRAM IN THE AMOUNT OF $23,102 AND LOCAL MATCH FUNDING OF $2,567 — CONTRACT #OAA 203. 16 EFFECTIVE Page 125 February 23, 2016 JANUARY 1, 2016 THROUGH DECEMBER 31, 2016 Item #16D6 A REVISED MEMORANDUM OF UNDERSTANDING (MOU) WITH SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC. THAT WILL PROVIDE FUNDS TO ALLOW TWENTY CHILDREN TO RECEIVE LEADERSHIP AND JOB TRAINING PROGRAM OPPORTUNITIES DURING THE SCHOOL YEAR AT TWO PARKS AND RECREATION DIVISION FACILITIES (FISCAL IMPACT: NONE) - THE ORIGINAL MOU WAS NEVER EXECUTED AND STAFF IS REQUESTING APPROVAL OF A REVISED MOU IN ITS PLACE Item #16D7 AN AFTER-THE-FACT GRANT APPLICATION FOR THE U.S. DEPARTMENT OF JUSTICE'S OFFICE ON VIOLENCE AGAINST WOMEN-JUSTICE FOR FAMILIES 3-YEAR GRANT THAT IS PART OF THE VICTIMS ADVOCACY ORGANIZATION GRANT PROGRAM — COMMUNITY AND HUMAN SERVICES IS APPLYING AS PART OF THE ORGANIZATION THAT INCLUDES THE COLLIER COUNTY CHILD ADVOCACY COUNCIL (A/K/A CHILDREN'S ADVOCACY CENTER), SHELTER FOR ABUSED WOMEN & CHILDREN AND TWENTIETH JUDICIAL CIRCUIT COURT OF FLORIDA AND ALSO INCLUDES A MEMORANDUM OF UNDERSTANDING BETWEEN THE GROUPS. IF AWARDED GRANT FUNDS OF $599,480, REQUIRING NO LOCAL MATCH, WOULD BE USED FOR THE SUPERVISED VISITATION AND SAFE EXCHANGE PROGRAM AND CIVIL LEGAL SERVICES Page 126 February 23, 2016 Item #16D8 AMENDMENT #1 TO THE AGREEMENT WITH NAPLES COMMUNITY HEALTH CARE (NCH) SYSTEM TO PROVIDE WATER SAFETY INSTRUCTION TO COLLIER COUNTY YOUTH IDENTIFIED WITH THE SWIM CENTRAL PROGRAM — EXTENDS THE AGREEMENT UNTIL MARCH 1, 2017 WITH AN OPTION TO RENEW TWO ADDITIONAL 1-YEAR PERIODS FOR A PROGRAM ADMINISTERED BY PARKS AND REC THAT TEACHES WATER SAFETY TO 500 CHILDREN AGES 4-5 IN TEN 30-MINUTE LESSONS OVER A 2-WEEK PERIOD Item #16D9 CHAIRMAN'S EXECUTION OF TWO LANDLORD PAYMENT AGREEMENTS ADMINISTERED THROUGH THE BOARD'S APPROVED RAPID RE-HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS GRANT PROGRAM — FOR AGREEMENTS WITH RAQUEL MARGARITA CONSTANTINO NORIEGA AND KIRK SANDERS Item #16D10 STATE HOUSING INITIATIVE PARTNERSHIP SUBRECIPIENT AGREEMENT WITH COMMUNITY ASSISTED AND SUPPORTED LIVING (CASL) FOR THE ADMINISTRATION OF AN OWNER-OCCUPIED REHABILITATION PROGRAM AND A TOTAL CONTRACT AWARD OF $520,000 — A PROGRAM THAT WILL BE ADMINISTERED BY CASL D/B/A Page 127 February 23, 2016 RENAISSANCE MANOR, INC. AND WAS DESIGNED TO ASSIST INCOME ELIGIBLE HOMEOWNERS THAT OCCUPY THEIR HOMES BY PROVIDING REPAIRS TO CORRECT CODE VIOLATIONS OR THAT MAY IMPACT THEIR WELLBEING. THE SUBRECIPIENT WILL PROVIDE PROGRAM OUTREACH, ASSESS ELIGIBILITY, CONTRACT MANAGEMENT AND TECHNICAL AND ADMINISTRATIVE WORK WITH AN AGREEMENT BETWEEN COLLIER COUNTY AND THE HOMEOWNER THROUGH A PROMISSORY NOTE AND MORTGAGE LOAN THAT WILL ALL DEFINE TERMS Item #16E1 RECOGNIZING ACCRUED INTEREST EARNED BY EMS AS COUNTY GRANT REVENUE AND APPROPRIATING FUNDS IN THE TOTAL AMOUNT OF $73.53 — INTEREST EARNED OCTOBER 1 THROUGH DECEMBER 31, 2015 Item #16E2 CONVEYANCE OF A UTILITY EASEMENT AND RIGHT OF ENTRY THROUGH THE NORTHEAST CORNER OF CONNER PARK TO THE COLLIER COUNTY WATER-SEWER DISTRICT ON BEHALF OF THE PUBLIC UTILITIES DIVISION — TO IMPROVE WASTEWATER COLLECTION EXISTING PIPELINES ARE BEING REMOVED AND REPLACED BENEATH THE INTERSECTION OF BLUEBILL AVENUE AND VANDERBILT DRIVE BY ROUTING THE SYSTEM THROUGH THE NORTHEAST CORNER OF CONNER PARK AS PART OF BASIN 101/VANDERBILT CUL-DE-SACS INFRASTRUCTURE PROJECT Page 128 February 23, 2016 Item #16E3 RATIFYING PROPERTY, CASUALTY, WORKERS' COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FIRST QUARTER OF FY 16 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16E4 SELECTION COMMITTEE RANKINGS AND ENTERING INTO NEGOTIATIONS WITH AECOM FOR A CONTRACT RELATED TO REQUEST FOR PROPOSAL #16-6564, "COLLIER COUNTY SPACE PLANNING SERVICES" — A CONTRACT WILL BE BROUGHT TO THE BOARD FOR APPROVAL TO PROVIDE PROFESSIONAL SERVICES TO ASSESS CURRENT SPACE THAT IS BEING USED BY COUNTY AGENCIES INCLUDING MANY WITHIN THE GOVERNMENT COMPLEX AND OTHER LOCATIONS THROUGHOUT THE COUNTY AND TO PROJECT ADDITIONAL SPACE THAT MAY BE NECESSARY IN THE FUTURE DUE TO AN INCREASE IN STAFF AND A NEED FOR GENERAL STORAGE Item #16F1 RESOLUTION 2016-38 : APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET Page 129 February 23, 2016 Item #16F2 — Moved to Item #11D (Per Agenda Change Sheet) Item #16F3 FORMALLY SUPPORTING PROPOSED LEGISLATION THAT ATTEMPTS TO RESOLVE THE ONGOING COST-SHARING DISPUTE BETWEEN NON-FISCALLY CONSTRAINED COUNTIES, SUCH AS COLLIER, AND THE DEPARTMENT OF JUVENILE JUSTICE (DJJ), AND THE CHAIR TO SEND A LETTER INDICATING SAID SUPPORT — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G1 BOARD OF COUNTY COMMISSIONERS, IN ITS CAPACITY AS COLLIER COUNTY AIRPORT AUTHORITY, APPROVES THE ATTACHED DISADVANTAGED BUSINESS ENTERPRISE PROGRAM AND GOALS FOR THE COLLIER COUNTY AIRPORT AUTHORITY FOR FISCAL YEAR 2016 THROUGH FISCAL YEAR 2018 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16H1 RESOLUTION 2016-39: APPOINTING KATHLEEN ELROD (ALTERNATE CATEGORY) TO THE CODE ENFORCEMENT BOARD FOR THE TERM EXPIRING FEBRUARY 14, 2019 Item #16I1 Page 130 February 23, 2016 MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED Page 131 MISCELLANEOUS CORRESPONDENCE BOARD OF COUNTY COMMISSIONERS February 23, 2016 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. CLERK OF COURTS: 1) Items to be Authorized by BCC for Payment: B. DISTRICTS: 1) Heritage Greens Community Development District: Meeting Agenda 11/16/2015 Meeting Minutes 11/16/2015 2) Port of the Islands Community Improvement District: Meeting Agenda 12/18/2015 Meeting Minutes 12/18/2015 C. OTHER: February 23, 2016 Item #16J1 RECORDING IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIOD BETWEEN JANUARY 28 AND FEBRUARY 10, 2016 PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 RESOLUTION 2016-40: REVISING RESOLUTION NO. 2016-31 THAT CREATED THE LOCAL RULE REVIEW COMMITTEE (LRRC) FOR THE PURPOSE OF REVIEWING MANATEE SPEED ZONES AS PROPOSED BY THE FLORIDA FISH AND WILDLIFE COMMISSION (FWC), IN ORDER TO INCLUDE NON-VOTING MUNICIPAL MEMBERS Item #17A RESOLUTION 2016-41 : PETITION VAC-PL20150002542, TO VACATE A PORTION OF THE CONSERVATION EASEMENT RECORDED IN OFFICIAL RECORD BOOK 4438, PAGE 3125, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND TO ACCEPT A REPLACEMENT EASEMENT Item #17B Page 132 February 23, 2016 RESOLUTION 2016-42: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:42 p.m. BOARD OF COLLIER COUNTY COMMISSION BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL DO A FIALA, CHAIRMAN ATTEST: DWIGHTE.;3ROCK, CLERK A . ,ice% 'j ttest as to C signature only. , . These minutes app owed by the board on W1tytii 22 2 oUp as presented or as corrected Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 133