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BCC Minutes 06/28/2016 R BCC REGULAR MEETING MINUTES June 28, 2016 June 28, 2016 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, June 28, 2016 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special p 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 Georgia Hiller Tim Nance Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Clerk of Courts Finance Director Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority It I I, L ijp r keno* AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 June 28, 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 Page 1 June 28,2016 THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dr. Bob Scudieri - Member of Peace Lutheran 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.) 3. EMPLOYEE SERVICE AWARDS Page 2 June 28,2016 A. 25 Year Attendees 1) Jacqueline Lockerby - EMS B. 30 Year Attendees 1) Vickie Wilson - Parks & Recreation C. 35 Year Attendees 1) Joseph Corbo - Road Maintenance 4. PROCLAMATIONS A. Proclamation honoring Michael Wynn, his contributions to the community and his recent appointment to the board of directors of the Federal Reserve Bank of Atlanta's Miami Branch. To be accepted by Michael Wynn. B. Proclamation recognizing and congratulating Lextech Automotive, Inc. on receiving the WRAP award for its continued efforts to promote waste reduction, reuse and recycling and for sustaining the usable life of the Collier County Landfill. To be accepted by Mr. Steve Stover and Mr. Jim Kunkle, owners. C. Proclamation declaring Tuesday, June 28, 2016, as Mackensie Alexander Day in Collier County, in recognition of his dedication to his family, football and the community. To be accepted by Mackensie Alexander. Mackensie will also be presented with the "Against All Odds" award. 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 Page 3 June 28,2016 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 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 a Resolution, with conditions, for a twenty four (24) foot 7 inch variance from the Coastal Construction Setback Line (CCSL) to allow for the construction of accessory improvements to a single-family residence including a fence, pool, spa, sun and covered deck areas, patio, stairs, storage, veranda, landscaping and irrigation, seaward of the Coastal Construction Setback Line (CCSL) to replace the existing single-family residence which was 45± feet seaward of the CCSL. The subject property is located with a street address of 10381 Gulf Shore Drive and described as Lot 43, Block A, re-subdivision of part of Unit no. 1 Conner's Vanderbilt Beach Estates in Section 29, Township 48 South, Range 25 East, Collier County, Florida. [Petition No. CCSV- PL20150002562] B. Recommendation to consider adopting an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by amending Chapter One - General Provisions; Chapter Two - Zoning Districts and Uses; Chapter Three - Resource Protection; Chapter Four - Site Design and Development Standards; Chapter Five - Supplemental Standards; Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements; Chapter Nine - Variations From Code Requirements; Chapter Ten - Application, Review, and Decision-Making Procedures, and as further described in the attached amendments. C. Recommendation to consider an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, to make comprehensive changes to architectural and site design standards, more specifically by amending Chapter Two - Zoning Districts and Uses; Chapter Four - Site Design and Development Standards; Page 4 June 28,2016 Chapter Five - Supplemental Standards, Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements, Chapter Ten - Application, Review, and Decision-Making Procedures, and as further described in the attached amendments. 10. BOARD OF COUNTY COMMISSIONERS A. Report to the Board of County Commissioners regarding the Clerk's legal duty to follow the Collier County Procurement Ordinance and state statutes to include the Prompt Payment Act. (Commissioner Hiller) B. Report to the Board of County Commissioners of material omissions by the Clerk of Courts in the Liberty/Brock garnishment action. (Commissioner Hiller) 11. COUNTY MANAGER'S REPORT A. This item to be heard at 9:50 a.m. Recommendation to accept the Collier County Sports Market and Needs Assessment Analysis and direct the County Manager or his designee to proceed with feasibility studies for the locations the Board may wish to consider for expanded sports facilities and make a finding that this action promotes tourism. (Jack Wert, Tourism Division Director) B. This item to be heard immediately following Item #11A. Recommendation to consider the expressed interest from the Atlanta Braves in relocating its major league baseball spring training operations to Collier County, authorize staff to conduct necessary feasibility analyses and due diligence on this project proposal and report results to the Board for subsequent action. (Leo E. Ochs, Jr., County Manager) C. This item to be heard at 9:20 a.m. Recommendation to approve the Landscape Beautification Master Plan Ranking for installation; and authorize a budget amendment to fund the initial FY17 design. (David Wilkison, Growth Management Department Head) D. Recommendation to accept Staff's review of Agenda Item #13B, (Clerks of Courts' Disbursement Report) from the June 14, 2016 BCC Meeting. (Len Page 5 June 28,2016 Price, Administrative Services Department Head) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$357,504 which was posted as a guaranty for Excavation Permit Number 60.116, PL20140000514 for work associated with Temple Citrus Grove. 2) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$25,000 which was posted as a guaranty for Excavation Permit Number 59.887-11, PL20130002458 for work associated with Quarry South Beach. 3) Recommendation to approve an easement agreement for the purchase of a Drainage Easement (Parcel 105DE) necessary for continued maintenance of underground stormwater drainage facilities installed as part of the Gateway Triangle Stormwater Management System. Page 6 June 28,2016 Project No. 51803. (Estimated Fiscal Impact: $13,600). 4) Recommendation to approve the short-list of professional engineering consultants pursuant to Request for Proposal (RFP) Number 16-6560, CEI Services for the White Boulevard over Cypress Canal Bridge Replacement Project and to enter into negotiations between Collier County and AECOM Technical Services, Inc., for "Construction Engineering and Inspection (CEI) Services for the White Boulevard over Cypress Canal Bridge Replacement Project," Project No. 66066. 5) Recommendation to approve and authorize the Chairman to approve and execute a Sovereignty Submerged Lands Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Project No. 66066, for the installation and maintenance of bridges at two locations on Vanderbilt Drive. Fiscal Impact: None. 6) Recommendation to approve the First Amendment to Lease Agreement between the Collier Metropolitan Planning Organization's and the Collier County Board of County Commissioners. 7) Recommendation to approve an amendment to the Staff Services Agreement by and between the Collier Metropolitan Planning Organization (MPO) and the Collier County Board of County Commissioners. 8) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 323RDUE) required for the expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project No. 60145 (Estimated Fiscal Impact: $43,603). 9) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 341RDUE) and a Temporary Driveway Restoration Easement (Parcel 341TDRE) required for the expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project No. 60145 (Estimated Fiscal Impact: $7,600). 10) Recommendation to approve and authorize the Chairman to execute Page 7 June 28, 2016 Contract No. 16-6629 to provide professional engineering services as required for the "2016 Beach Renourishment Project" for $111,756.30 with CB&I Environmental & Infrastructure, Inc., and make a finding that this item promotes tourism, Project No. 80301. 11) Recommendation to adopt a resolution revising the "Construction Standards Handbook for Work Within the Right-of-Way, Collier County, Florida" (Construction Handbook), in accordance with Ordinance No. 2003-37, as amended. 12) Recommendation to approve the short-list of professional engineering consultants pursuant to Request for Proposal (RFP) #16-6588, CEI Services for the Logan Boulevard Extension Project, and to enter into negotiations between Collier County and KCCS, Inc., for "Construction Engineering and Inspection (CEI) Services for Logan Boulevard Extension Project." Project No. 33464. 13) Recommendation to approve the release of a code enforcement lien with an accrued value of$310,480 for payment of$530, in the code enforcement action entitled Board of County Commissioners v. Virginia Villarreal, Code Enforcement Board Case No. CESD20110002682, relating to property located at 1314 Tangerine Street, Collier County, Florida. 14) Recommendation to approve an agreement for the purchase of a "fee" estate (Parcel 101FEE) and a Temporary Construction Easement (Parcel 101 TCE) necessary for the construction of roadway and related improvements required at the intersection of Airport-Pulling Road and Davis Boulevard, Project No. 60148, and approve the release of a code enforcement lien with an accrued value of $14,366.88 for payment of$641.88, per said agreement, in the code enforcement action entitled Board of County Commissioners v. Home Depot USA, Inc., Code Enforcement Board Case No. 2005040822 relating to property located at 1651 Airport Road South, Collier County, Florida. (Estimated Fiscal Impact: $95,650). 15) Recommendation to approve the release of a code enforcement lien with an accrued value of$180,681.15 for payment of$3,000, in the code enforcement action entitled Board of County Commissioners v. Page 8 June 28,2016 Cassia Poviones, Code Enforcement Board Case No. CESD20120017981relating to property located at 3030 39th Street SW, Collier County, Florida. 16) Recommendation to approve the release of a code enforcement lien with an accrued value of$24,712.29 for payment of$3,000 in the code enforcement action entitled Board of County Commissioners v. NAAC Mortgage Pass-through CT, Code Enforcement Board Case No. CESD20130000703 relating to property located at 1109 Palm Drive, Collier County, Florida. 17) Recommendation to approve the release of a code enforcement lien with an accrued value of$23,476.15 for payment of$676.15 in the code enforcement action entitled Board of County Commissioners v. Tomatoes Plus, Inc., Code Enforcement Board Case No. CELU20120002552 relating to property located at 100 Madison Avenue E, Unit A, Collier County, Florida. 18) Recommendation to approve the release of a code enforcement lien with an accrued value of$21,550.42 for payment of$5,750.42 in the code enforcement action entitled Board of County Commissioners v. Fernando Rosquette, Code Enforcement Special Magistrate Case No. CEPM20090001294, relating to property located at 2365 10th Avenue NE, Collier County, Florida. 19) Recommendation to approve a work order with CB&I Coastal Planning & Engineering, Inc., to provide professional engineering services for modifications to the County's beach and inlet physical monitoring plans under Contract No.15-6382 for time and materials not to exceed $5,976 and authorize the County Manager or his designee to execute the work order, and make a finding that this item promotes tourism. 20) Recommendation to approve the selection of CH2M Hill pursuant to RFP No. 16-6617, "Randall Boulevard and Oil Well Corridor Study" and authorize staff to negotiate a contract with CH2M Hill for subsequent Board approval. 21) Recommendation to correct a scrivener's error by changing the project Page 9 June 28, 2016 for awarded Contract No. 16-6584, Cypress Way East Sidewalk Project, Project No. 60118.4 County Wide Pathways to Project No. 69081, County Wide Bikeway Improvement, and approve the budget amendments necessary to re-appropriate funding to the correct project. 22) Recommendation to correct a scrivener's error by changing the project for awarded Contract No. 16-6608, County Wide Pathways - Outer Drive Sidewalk Project, Project No. 60118.3, County Wide Pathways to Project No. 69081, County Wide Bikeway Improvement, and approve the budget amendments necessary to re-appropriate funding to the correct project. 23) Recommendation to approve a work order with CB&I Coastal Planning & Engineering, Inc., to provide professional engineering services for the 2017-2018 Local Government Funding Request to the Florida Department of Environmental Protection for local beach renourishment and shore protection projects under Contract No.15- 6382 for time and materials not to exceed $10,920, authorize the County Manager or his designee to execute the work order, and make a finding that this item promotes tourism. 24) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Hampton Village Phase 1 Replat Application Number PL20120002486 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 25) 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 Azure at Hacienda Lakes, (Application Number PL20160001001) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 26) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Sabal Bay Commercial Plat - Phase Four Application Number AR-13453 with the roadway Page 10 June 28,2016 and drainage improvements being privately maintained and authorizing the release of the maintenance security. 27) Recommendation to approve a Tri-Party Developer Contribution Agreement with Hacienda Lakes of Naples, LLC, and The District School Board of Collier County to allow Hacienda Lakes of Naples, LLC, to convey a 19.5-acre parcel within the Hacienda Lakes MPUD for use as an elementary school site in exchange for Educational Impact Fee credits in the sum of$2,834,750 which exchange is in accordance with the Developer commitments set forth in the MPUD document, and which sum represents the appraised fair market value of the parcel. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners, acting as the Community Redevelopment Agency Board, approve the first amendment to the U.S. Housing and Urban Development Community Development Block Grant subrecipient agreement for the Pineland Avenue stormwater improvement project between Collier County and the Bayshore Gateway Triangle Community Redevelopment Agency providing an additional $5,000 in grant funding for permitting and construction inspection services and authorize the necessary budget amendment C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a Resolution and Satisfactions of Lien for the 1991, 1993, 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessments where the county has received payment in full satisfaction of the liens. Fiscal impact is $61 to record the Satisfactions of Liens. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve and authorize the Chairman to sign seven satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance for Collier Page 11 June 28,2016 County HOME Investment Partnership Program. 2) Recommendation to approve two mortgage satisfactions for the State Housing Initiatives Partnership (SHIP) single family rehabilitation program in the combined amount of$29,514. 3) Recommendation to approve two satisfactions of mortgage for the State Housing Initiatives Partnership loan program for full payment in the amount of$39,400 and to authorize a budget amendment recognizing $39,400 in program income revenue generated by repayment of loans (Net Fiscal Impact of$39,400). 4) Recommendation to accept a revision to Federal Transit Administration Section 5310 Grant award, authorize the necessary budget amendments, and approve the purchase of three Avail Intelligent Transportation System (ITS) components for the new paratransit vehicles. 5) Recommendation to approve three releases of lien for full payment of deferral of 100 percent of countywide impact fees for owner occupied affordable housing dwelling units. 6) Recommendation to approve thirteen mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$114,763. 7) Recommendation to approve seven State Housing Initiatives Partnership Program release of liens in the amount of$51,690.45 for owner-occupied affordable housing dwelling units where the obligation has been repaid in full. 8) Recommendation to approve the expenditure of Category "A" Beach Park Facility Tourist Tax funds for restriping the parking garage at the County's Vanderbilt Beach Park for $19,278.65 and make a finding that this expenditure promotes tourism. 9) Recommendation to approve a budget amendment to increase meals for the 2016 Summer Food Service Program (SFSP). (Fiscal Impact: Grant Fund $8,839.58 and Local General Fund $578.42 for a total of Page 12 June 28,2016 $9,148). 10) Recommendation to approve and execute an Access License Agreement with Lynx Zuckerman at Hamilton Green, LLC and Sienna Reserve Homeowners Association to allow residents of the Sienna Reserve neighborhood access to the North Collier Regional Park through a private entrance point. 11) Recommendation to approve budget amendments in the amount of $244,978.36 to restore the U.S. Department of Housing and Urban Development (HUD) CDBG Grant Program available balances from the reconciliation of the 2001-2010 program years (net fiscal impact of$66,268.07). 12) Recommendation to approve budget amendments in the amount of $33,369.75 to restore the U.S. Department of Housing and Urban Development (HUD) HOME Grant Program available balances from the reconciliation of the 2006-2007 program years. 13) Recommendation to approve a Resolution superceding Resolution No. 2015-126, which established the Collier Area Transit (CAT) Advertising Policy, Standards and Rate Schedules to correct scrivener errors in established rate schedules and add the ability to advertise on the bus schedules. 14) Recommendation to adopt a Resolution repealing and superseding Resolution No. 2012-181, and establishing a revised Collier County Public Library Fines and Fees Schedule. 15) Recommendation to approve and authorize the Chairman to sign one satisfaction of mortgage for a first time home buyer of an affordable housing unit that has satisfied the terms of assistance for the Collier County Neighborhood Stabilization Program and authorize a budget amendment recognizing the program income. 16) Recommendation to approve and authorize the Chairman to execute a Landlord Payment Agreement, allowing the County to administer the Rapid Re-Housing and Homelessness Prevention Program through the Page 13 June 28,2016 Emergency Solutions Grant Program. 17) Recommendation to approve two State Housing Initiative Partnership Sponsor Agreements between Collier County and Big Cypress Housing Corporation, contract award $500,000, for rental rehabilitation and Community Assisted and Supported Living, Inc., contract award $412,500 for the administration of rental acquisition. 18) Recommendation to approve a joint application from the Collier County Museums and the Marco Island Historical Society to borrow significant artifacts found on Marco Island during the 1896 Pepper- Hearst Archaeological Expedition from the Smithsonian Institution's National Museum of Natural History and University of Pennsylvania Museum for a temporary exhibit at the Marco Island Historical Museum. 19) Recommendation to approve the 2016 Annual Progress Report of the Collier County Transit Development Plan and authorize its submission to the Florida Department of Transportation (FDOT). 20) Recommendation to accept advisory notification from the County Health Department regarding family planning expanded services beginning July 1, 2016. 21) Recommendation to approve and authorize the Chairman to sign an amendment to the FY 2015-2016 State Aid to Libraries Grant Agreement to meet deliverables requirements as required by the State, accept the second payment of$399, and authorize the necessary budget amendment. 22) Recommendation to reject the sole response received for Request for Proposal No. 16-6581 Public Library Community Needs Assessment. 23) Recommendation to approve the Collier County U.S. Department of Housing and Urban Development (HUD) 5-Year Consolidated Plan for FY 2016-2020 to include a revised Citizen Participation Plan, the Needs Assessment, the FY2016-2017 One-Year HUD Annual Action Plan for Community Development Block Grant (CDBG), HOME Investment Partnerships and Emergency Solutions Grant Programs, Page 14 June 28, 2016 including the re-programming of funds from previous years for CDBG and HOME and estimated CDBG program income; approve the Resolution, HUD Certifications, and SF 424 Application for Federal Assistance, and authorize transmittal to the HUD. 24) Recommendation to approve substantial amendments to Collier County's U.S Department of Housing and Urban Development Annual Action plans for FY 2013-2014, FY 2014-2015, and FY 2015-2016 to increase funding for the previously approved Community Development Block Grant (CDBG) Pineland Stormwater (Bayshore CRA) project and the CDBG Youth Haven Shelter and Transitional Living project, add a new Emergency Solutions Grant (ESG) project to fund the Homeless Management Information System, reduce funding for the ESG rental assistance program; and approve First Amendments to the associated subrecipient agreements. 25) Recommendation to approve Agreement Confirming GAP Housing Density Bonus and Imposing Covenants and Restrictions on Real Property allowing either for sale or for rent units in the Vincentian MPUD. 26) Recommendation to authorize a $20,000 SHIP purchase assistance disbursement under the State Housing Initiatives Partnership (SHIP) Program. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to approve the liquidation of the County's ownership of common stock in MetLife Insurance Company resulting from the demutualization of the carrier and to transfer the proceeds of the sale to Fund 517, Group Health and Life in the estimated amount of$220,720.50. 2) Recommendation to approve Diocese of Venice Non-Exclusive Space Usage Agreement and License with St. John the Evangelist Catholic Church for Public Utilities public information meetings and project team progress meetings, at no cost. 3) Recommendation to authorize the advertisement of an Ordinance for Page 15 June 28,2016 future consideration which would amend Ordinance No. 2002-56, the Collier County Citizen Corps Ordinance to implement requirements of the Emergency Management Accreditation Program. 4) Recommendation to recognize and appropriate revenue to the Facilities Management Division cost center in the amount of $126,442.90 for the period of April through June of Fiscal Year 2015- 2016 and approve all necessary Budget Amendments. 5) This item continued from the June 14, 2016 BCC Meeting. Recommendation to award Request for Proposal No. 16-6618 Annual Contract for General Contractor Services to the following six firms: Surety Construction Company, Bradanna, Inc., Compass Construction, Inc., William J. Varian Construction Company, Inc., Varian, Chris Tel, and EBL Construction. F. COUNTY MANAGER OPERATIONS 1) Recommendation to accept the seventh annual report on the "Impact Fee Program for Existing Commercial Redevelopment"; to direct the County Attorney to advertise and bring back to the Board an Ordinance Amendment making the Program permanent by removing the Program's sunset language; and to approve a Resolution extending the Program until such time that the Ordinance Amendment is approved by the Board. 2) Recommendation to approve the ranked list of consultants pursuant to RFP No. 16-6571, "Impact Fee Study," and authorize staff to negotiate a contract with the top ranked firm Tindale-Oliver & Associates, Inc. for subsequent Board approval. 3) Recommendation to adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-Ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas and maintenance of conservation or preserve areas, and establishment of Capital Reserve Funds for ambient noise management, maintenance of conservation or Page 16 June 28, 2016 preserve areas, including the restoration of the mangrove forest, U.S. 41 berm, street signage replacements within the median areas, landscaping improvements to U.S. 41 entrances and beach renourishment, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2015-16 Adopted Budget. 5) Recommendation to adopt a resolution approving the proposed Project Ice as a qualified applicant to Florida's Qualified Target Industry (QTI) Tax Refund program, providing up to $79,800 of local financial support for a corporate headquarters project which will create 57 new quality jobs in Collier County, Florida. G. AIRPORT AUTHORITY 1) Recommendation to approve a Site License Agreement with Roush Industries, Inc. to Conduct Defensive Driver Training Courses at the Immokalee Regional Airport. 2) Recommendation to approve and execute a First Amendment to a Collier County Airport Authority Standard Form Lease with Tellus Florida, LLC, at the Immokalee Regional Airport. 3) Recommendation to direct staff to pursue a Focused Environmental Assessment and potential grant funding for the establishment of a seaplane base at the Everglades Airpark. (Fiscal Impact $30,000.) 4) Recommendation to award Bid No. 16-6557R Automated Weather Observing Station (AWOS) for the Immokalee Regional Airport in the amount of$132,557 to Wolen, LLC. 5) Recommendation to approve the rankings of firms for Request for Proposal (RFP) #16-6561 for "Design Services for Marco Executive Airport Terminal" and to direct staff to negotiate a contract with the top ranked firm, Atkins North America. Page 17 June 28, 2016 6) Recommendation to approve staffs ranking for Advertisement #16- 6605 to lease vacant property at the Marco Island Executive Airport for the construction of a bulk aircraft hangar and direct staff to pursue lease negotiations with Image Air Charter, LLC, seek FDOT grant participation for needed infrastructure improvements and make a finding that this item promotes economic development within the County airport system. H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to provide approval to designate the Sheriff as the official applicant and point of contact for the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) FY '16 Local Standard grant, authorize the electronic submission of the application, accept the grant when awarded, approve associated budget amendments and approve the Collier County Sheriff's Office to receive and expend 2016 JAG Standard grant funds. 2) To provide the Board a "Payables Report" for the period ending June 22, 2016 pursuant to the Board's request. 3) To provide the special interim reports for approval as detailed in Section 2c of the agreed-upon order dated July 16, 2015 by Judge James R. Shenko in the manner requested by the Board of County Commissioners (previously included in item 16.I.) and that prior to payment, the Board approves these expenditures with a finding that said expenditures serve a valid public purpose and authorizes the Clerk to make disbursement. 4) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the Page 18 June 28, 2016 periods between June 2 to June 15, 2016 pursuant to Florida Statue 136.06. K. COUNTY ATTORNEY 1) Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment in the amount of$500 for Parcel 168TCE in the case styled Collier County v. Robert E. Williams, Tr., et al., Case No. 14- CA-816 required for the expansion of Collier Blvd. from Green Blvd. to Golden Gate Blvd., Project No. 68056. (Fiscal Impact: $215) 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. Recommendation to adopt an Ordinance amending Ordinance 2009-29, as amended, the Planning Commission Ordinance, specifically Section One (1) "Establishment; Powers and Duties;" in order to delete an obsolete provision regarding the review of preliminary subdivision plats; providing for conflict and severability, providing for inclusion into the Code of Laws and Ordinances, and providing for an effective date. B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2015-16 Adopted Budget. C. This item has been continued to the July 12, 2016 BCC Meeting. Recommendation to consider adoption of an Ordinance establishing the "Longwater" Community Development District (CDD) pursuant to Section 190.005(2), Florida Statutes. Page 19 June 28,2016 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 20 June 28,2016 June 28, 2016 CHAIRMAN FIALA: Good morning, everybody. MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN FIALA: Thank you all for being here. These wonderful people who worry about our landscaping and enjoy it, thank you for being here. I appreciate everybody. Before we even begin this meeting, we have a little surprise. We have two birthday boys in our audience. David Wilkison, stand up. Happy Birthday. David is the head of our Growth Management Division and our Transportation Division all rolled into one. We have another one. Where's Mark Isackson who doesn't like to smile? Mark? Mark? Where is Mark? MR. OCHS: He's hiding out in the hallway, ma'am. CHAIRMAN FIALA: He knew it was coming, right? MR. OCHS: Yes. CHAIRMAN FIALA: Well, I just wanted to say -- there -- no, that isn't him. I just wanted to say Happy Birthday to our boys. We appreciate all that you do for all of our county, and you're wonderful. MR. OCHS: Thank you. CHAIRMAN FIALA: Thank you. And with that, I'll call the meeting to order. And let's move on right away to our prayer. Who is our -- Dr. Bob Scudler (sic). MR. OCHS: Scudieri. CHAIRMAN FIALA: Sony I massacred your name. Would everyone please stand with me. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE — REVEREND DR. BOB SCUDIERI FROM THE PEASE LUTHERAN CHURCH — INVOCATION GIVEN Page 2 June 28, 2016 REVEREND SCUDIERI: Proverbs 1.5 says a wise person will listen and add to their wisdom. Those with understanding look for guidance for their decisions. Let us pray. Lord God, we're gathered to do the business of government. As we begin, we first remember those who have served the people long and well: Jacqueline Lockerby, Vickie Wilson, Joseph Corbo. Bless them as they continue to serve. We also rejoice and recognize the accomplishments with Michael Wynn and Lextech Automotive and Mackensie Alexander. Continue to guide and bless them. You continue to open doors of opportunity and growth. For this we thank you, and we pray today for wisdom and for understanding for our Commissioners as they consider landscaping issues and as well as the potential for a professional baseball spring training center in our county. We pray for those gifted with the responsibility to lead the Atlanta Braves baseball team, that they will discern where their organization can bring blessings to the most people in their new location and where they might best serve their fans, their players, and their organization, whether that's in Charlotte County or elsewhere. Only wise God, we humbly ask for wisdom and understanding for these, our commissioners, not for our sakes alone or for theirs, but for your sake. In your name we pray. Amen. CHAIRMAN FIALA: And then would you put your hands over your hearts and say with me... (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you. Now we'll move right on to Leo, our County Manager. Item #2A Page 3 June 28, 2016 APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) - MOTION TO CONTINUE ITEM #9B AND #9C TO THE JULY 12, 2016 MEETING — APPROVED; COMMISSIONER HENNING REQUESTED TO REMOVE ITEMS #10A AND #10B BUT NO SECOND WAS OBTAINED; SPEAKER — DR. JOSEPH DOYLE REGARDING ITEM #16F3 — COUNTY MANAGER CONTINUED THE ITEM TO THE JULY MEETING; APPROVED AND/OR ADOPTED W/CHANGES. MR. OCHS: Good morning, Madam Chair and Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of June 28, 2016. The first proposed change is to move Item 16D23 from your consent agenda to become Item 11E under the regular agenda. This is a recommendation to approve the U.S. Department of Housing and Urban Development five-year consolidated plan. That move is made at Commissioner Fiala's request. The next proposed change is to deny Item 16J2 until such time as the Clerk certifies the payables presented in the report have been pre-audited as previously specified by the Board, and that has to do with, again, the payables report. That's a staff request. We have one agenda note this morning, Commissioners, in regard to Item 16F3, which is a resolution that fixes the date, time, and place for the public hearing for approving the special assessments to be levied in the Pelican Bay Municipal Service Taxing and Benefit Unit. The underlying phrase is added for clarity. This is part of the amended ordinance, and that has to do with management of the dredging and maintenance activities for Clam Pass. We have two time-certain items on your agenda today, Page 4 June 28, 2016 Commissioners. The first is Item 11C to be heard at 9:20 a.m.; that is an item dealing with a recommendation to restart the landscape beautification master plan. And Item 11A is to be heard at 9:50 a.m.; that's the report on the sports market and needs assessment, and that would be followed immediately by Item 11B, which is the proposal from the Atlanta Braves with regard to a potential spring training operation. We have court reporter breaks normally scheduled for 10:30 and 2:50, if necessary. Also, Item 7, which is public comment on general topics not on the current or future agenda, will be heard no sooner than 1 p.m. or at the conclusion of the agenda, whichever occurs first. Also, with regard to Item 9, your advertised public hearings, they're to be heard no sooner than 1:30 p.m. or at the conclusion of the agenda, whichever occurs first. And those are all the changes that I have this morning, Madam Chair. CHAIRMAN FIALA: Thank you. And, County Attorney? MR. KLATZKOW: No changes, ma'am. CHAIRMAN FIALA: Okay. Thank you very much. And we'll start with the commissioners to see if there's changes or corrections on the agenda. And, Commissioner Hiller, we're going to start with you today. COMMISSIONER HILLER: Thank you. With respect to ex parte, would you like me to disclose that now or wait till this afternoon? CHAIRMAN FIALA: It is, what -- COMMISSIONER HILLER: On the -- on 9A. MR. OCHS: This afternoon. CHAIRMAN FIALA: During the subject. COMMISSIONER HILLER: Just wait till then, okay. Page 5 June 28, 2016 So I have no disclosures on the consent agenda, and I'd like to propose one change. We have the parks plan coming before us, and what I'd like to ask -- I've been speaking to a number of constituents, and there hasn't been adequate public vetting with respect to some proposals for the North Naples Regional Park on Livingston. And I would like to ask, rather than bring that forward today, to take that segment of the study and allow staff to coordinate a public information meeting for the community. I'd like Wilshire Lakes to be fully informed since they're adjacent to that project. And then after you receive the public input, to bring that before the Board. I don't think we should, you know, make any decisions because they haven't been fully informed. And the other thing is, they've been working on a path to gain access from their community into Livingston. That project shouldn't be halted or somehow impeded given that it was already, you know, part of the original plans going way back. MR. OCHS: Yes, ma'am. Understood. If the Board is so inclined to agree with that, I would just further recommend that perhaps we hold the public information meeting out there in conjunction with a Parks and Recreation Advisory Board meeting -- COMMISSIONER HILLER: Oh, yes. Absolutely. MR. OCHS: -- so your advisory board can then make some further recommendations to you on that if that's the will of the Board. COMMISSIONER HENNING: I'll make that motion. COMMISSIONER HILLER: Thank you. And we have Phil Brougham here. Does -- Phil -- MR. BROUGHAM: That's fine. COMMISSIONER HILLER: Yeah. So Phil is a member of the advisory board. MR. OCHS: But just for clarification's sake, because that is still an element of presentation at 9:50, the consultant will still go through Page 6 June 28, 2016 that, but we have the understanding that that will be deferred for due diligence until after the meeting that Commissioner Hiller just described. COMMISSIONER HILLER: Thank you. CHAIRMAN FIALA: Very good. MR. OCHS: Okay. Thank you. CHAIRMAN FIALA: Commissioner Henning. COMMISSIONER HENNING: Good morning. I have some changes. If you don't mind, I'd like to go one by one. 9B and C is Land Development Code amendments. The hyberlink (sic) that's provided through an iPad or other sources just doesn't work. I asked for the book to be delivered on the proposed amendments. I haven't had time to review that, and I know the public hasn't had time to see that, these proposed amendments. So I'd make a motion that we continue Item A -- 9B and C. CHAIRMAN FIALA: 9B and C. Does anybody else -- will anybody second that motion to just -- COMMISSIONER NANCE: If Commissioner Henning has a problem that he hasn't had time to review it, I will support that unless, you know -- I'm just -- as a courtesy to him -- CHAIRMAN FIALA: Yes. COMMISSIONER NANCE: -- if he's requesting that. CHAIRMAN FIALA: Yes. COMMISSIONER NANCE: Unless somebody's got some reason why that shouldn't occur. MR. OCHS: Commissioners, this is the first of two readings, so that means that the second reading won't come back till -- COMMISSIONER NANCE: Till September. MR. OCHS: -- September. COMMISSIONER TAYLOR: And what does that put -- where does that put us with the process of-- Page 7 June 28, 2016 MR. CASALANGUIDA: Well, you've got the mobile home item or a couple other items that I think people were waiting for -- COMMISSIONER TAYLOR: Oh, that's right. MR. CASALANGUIDA: -- to begin the process of renovating them. That would just be deferred for the period of summer. It wouldn't become effective till then, Commissioners. CHAIRMAN FIALA: Yeah. Well, there's another major one on there, too. I'm trying to remember it right now. MR. OCHS: Well, there's an issue with regard to community markets -- CHAIRMAN FIALA: Oh, yeah. That's it. MR. OCHS: -- on private property. CHAIRMAN FIALA: Okay. But if Commissioner Henning hasn't had an opportunity to see it -- I take -- I always take the written form home, so I was able to see it, but I don't think anybody else takes the written form home anyway, so I think that's -- COMMISSIONER HENNING: How did you get that? CHAIRMAN FIALA: Huh? COMMISSIONER HENNING: How'd you get the written form? CHAIRMAN FIALA: I always get it. COMMISSIONER TAYLOR: They print it out for you. COMMISSIONER HENNING: They didn't print it out for me. I never got a booklet. CHAIRMAN FIALA: Oh, really? COMMISSIONER HENNING: Yeah. CHAIRMAN FIALA: Oh. Well, see, you know what, I always take this home, so maybe they're pretty used to me. I don't think they really meant to overlook you. So I would say then that we'll just delay that until the following meeting or -- can we do it in July? MR. OCHS: You can do your first hearing in July, certainly. COMMISSIONER TAYLOR: Is there a specific time frame Page 8 June 28, 2016 between one hearing and the other? MR. OCHS: Not to my knowledge, no, ma'am. I don't believe there is. COMMISSIONER TAYLOR: So we could, in theory, have it at the next meeting and then maybe have a special meeting within a day after that or something? Could we do that specifically for the LDC issues? MR. CASALANGUIDA: We have to advertise it. MR. KLATZKOW: It depends. It depends. If you're going to have substantive changes to it -- COMMISSIONER TAYLOR: Yeah. MR. KLATZKOW: -- staff needs the time to put that together, and the public needs the time to look at it. If you had no changes to it then, perhaps, you could do that. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: Okay. Very good. Thank you, Commissioner Henning, for bringing that to our attention. COMMISSIONER HENNING: We've got to vote on that. COMMISSIONER HILLER: Can we vote on all the changes at the same time? COMMISSIONER NANCE: Okay. Go ahead. CHAIRMAN FIALA: Okay. We could just do that at the end to vote on that to take 9B and C and put it on the next agenda, right, or should we do that right now? MR. CASALANGUIDA: It's on your next agenda, ma'am. It's just -- it would be a motion to continue this one to the next agenda, and then the following one will be continued to September. CHAIRMAN FIALA: Okay. And we've got a nod and a second. So do you -- okay. Well, we'll just vote on it right now. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. Page 9 June 28, 2016 COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: And opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. COMMISSIONER HILLER: Should we vote on the first one? Because we didn't vote on the first change for the public information meeting for the regional park. CHAIRMAN FIALA: I was going to do that at the end -- COMMISSIONER HILLER: That's fine. CHAIRMAN FIALA: -- but if you would like to do that -- COMMISSIONER HILLER: No. Let's just wait till the end. I just wanted to make sure we do it. CHAIRMAN FIALA: Okay. We'll do that. Commissioner Taylor? COMMISSIONER HENNING: Yeah. The next item I have -- CHAIRMAN FIALA: Oh, more. COMMISSIONER HENNING: Yes. CHAIRMAN FIALA: I'm sorry. COMMISSIONER HENNING: Item IOB, Commissioner Hiller's item, there's no action on this item. Quite frankly, we already gave direction. This is the issue of Liberty Concrete and the garnishment action. I don't see why we keep on hashing out this quarrel that we're having with the Clerk, and there's no resolutions. There's no proposed resolution. So I'm going to make a motion that we remove Item 10B from the agenda. CHAIRMAN FIALA: Do I hear a second? (No response.) Page 10 June 28, 2016 CHAIRMAN FIALA: Okay. I have no seconder. Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. And one of the reasons this is important is I wanted to make the Board aware that the Board of County Commissioners and the County has Sovereign Immunity as to the garnishment with the exception of employee, our employee garnishments, and I don't think the Board was aware of that, so I do think it's important that the Board is informed and that the community is informed -- CHAIRMAN FIALA: It's still on the agenda. COMMISSIONER HILLER: -- that garnishment isn't an issue. COMMISSIONER TAYLOR: We can discuss it. CHAIRMAN FIALA: We don't want to hash it over now. COMMISSIONER HILLER: Of course, of course. CHAIRMAN FIALA: Okay. Anything else, Commissioner Henning? COMMISSIONER HENNING: Yeah. Item 10A, again, is Commissioner Hiller's item against the Clerk of Court. Obviously, this is campaign rhetoric continued on. There's no resolution. She's not making any recommendations at all. There's statutes against using government sources for campaign, so I'm going to make a motion to remove 10A. COMMISSIONER HILLER: May I? CHAIRMAN FIALA: And I do not have a second, so we will leave it there. And you're all finished speaking. Your button is on. Okay. Anything else, Commissioner Henning? COMMISSIONER HENNING: Yeah. I have no ex parte communication on today's consent or summary judgment. CHAIRMAN FIALA: Very good. And we'll move down to Commissioner Taylor. COMMISSIONER TAYLOR: Yes. No ex parte. Page 11 June 28, 2016 And on Item -- I'd just like to make a comment on one item on the consent agenda, which is 16D26, which is an award of SHIP funds. I would -- I would respectfully request that the staff bring back a policy by which we can monitor and enforce issues of awarding of government funds. We don't have a policy in place, and I think it's important. CHAIRMAN FIALA: I was going to bring that up. That's why I pulled it off because I -- COMMISSIONER TAYLOR: Oh, you pulled it? CHAIRMAN FIALA: Yeah, it's 16B26. COMMISSIONER TAYLOR: D -- I thought it was D26. MR. OCHS: It is. CHAIRMAN FIALA: D26, yes. COMMISSIONER NANCE: This is D26. That's D23. COMMISSIONER TAYLOR: Okay. D26. COMMISSIONER NANCE: You're on D26. CHAIRMAN FIALA: Oh, okay. COMMISSIONER TAYLOR: Okay. And, basically, there is -- the state awarded funds, and we have some concerns at this end, although nothing is hard in fact, but we don't have any ground to stand on to say, no, we don't do it. CHAIRMAN FIALA: That's right. COMMISSIONER TAYLOR: So I just would like to see if we can't bring back a simple policy. CHAIRMAN FIALA: Do you want to pull that off and put it on the regular agenda? COMMISSIONER TAYLOR: No. I think what I'd like to do -- because this has to go forward, but at our next meeting have that policy in place, going forward, that we have the safeguards that we need to protect the taxpayers' money. CHAIRMAN FIALA: Okay, then. I think that's an excellent Page 12 June 28, 2016 idea. That's actually what I was going to be discussing on the one I pulled. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: And maybe some of the Commissioners who -- there are four of us who have some of these issues right in their own community -- COMMISSIONER TAYLOR: Right. CHAIRMAN FIALA: -- and we don't even have a say in it. COMMISSIONER TAYLOR: Yeah. CHAIRMAN FIALA: Well, I'm not going to get into that now. We'll discuss it when I pull it. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: Okay. Very good. COMMISSIONER TAYLOR: But those are my comments, and if staff can do this, thank you, at our next meeting. CHAIRMAN FIALA: Thank you very much. Commissioner Nance? COMMISSIONER NANCE: Yes, Madam Chair. I have no further changes to the agenda, and I have no ex parte on today's consent or summary agendas. CHAIRMAN FIALA: Very good. And that's the same with me, nothing to declare at all. And before we move on to approve these, we have a speaker. MR. MILLER: Yes, Madam Chair. We have a speaker on a consent-agenda item, 16F3, Dr. Joseph Doyle. Dr. Doyle was ceded additional time from Sandra Doyle, who I know is here. Thank you. DR. DOYLE: Good morning, Commissioners, Dr. Joseph Doyle on behalf of my mother, Sandra Doyle, who is the property owner in Laurel Oaks in Pelican Bay to which this agenda item of the resolution pertains to. Yesterday we had a flurry of emails regarding some corrections Page 13 June 28, 2016 that we wanted to make, and I would like to thank Mr. Ochs and Commissioner Hiller's staff as well as Attorney Klatzkow for making those changes. But the reason why I'm here today is to add to what happened yesterday. We had to go through this flurry because every year we have to adopt a resolution regarding the hearing for the special assessment for Pelican Bay. It's not in our ordinance. And there are a couple of issues surrounding that. As you know, the hearing is set for September 8th. And most entities in this county get two hearings, September 8th and then September 22nd, two weeks later. Pelican Bay is only getting one hearing, September 8th. So the resolution, even though we corrected some of the language that we had problems with, is still incomplete because it does not offer Pelican Bay that second hearing. And we've been through this before, and I have transcripts from two other hearings. I have from September 4, 2014, at that tax hearing, Commissioner Hiller said that in the future we probably want to have the opportunity to hear these issues twice,just like we do everything else. And direction was given to make that happen. In fact, at that hearing there was a continuance to the second hearing in September for Pelican Bay, just as all the other entities. Then in January of 2015 I came here -- January 27, 2015 -- I have the transcript here. I came here to give the commissioners an update. And one of the things that came out again is the fact that we were looking at amending the ordinance so that Pelican Bay,just like all the other MSTBUs, has two hearings, and I didn't see any traction at that time. And here we are now, June 2016, and the ordinance has not been amended. We still have to do these resolutions every year. So we need to have that amended. And, in fact, Commissioner Hiller, on Page 97 of the transcript of January 27, 2015, gave direction so -- and she asked the administrator Page 14 June 28, 2016 to work with the County Manager to address all the issues that had been brought forward, and the first being that the -- and I quote, that the Pelican Bay Services Division, all MSTUs and all MSTBUs should be treated the same way during the budget-approval process. And I'm not sure why we have -- and I don't know what the history is as to why there is -- it only comes up one time. But really it should -- but it really should -- I think the message here, there needs to be uniformity. So I'm asking for this budget -- for this item here, that number one, we give two hearings to Pelican Bay for this year in the resolution and then going forward we fix this once and for all and put it into the ordinance that we have two hearings every year. You know, Pelican Bay, as you know, is 10 percent of the community tax base and contributes 10 percent of your ad valorem taxes. And so that's $26 million in 2015, $28 million in 2015 -- or 2016, and then next year you're asking 30 million. We can't get this fixed. We need to have this fixed. So I don't know if you want to take this off the consent agenda to discuss this or if you can amend the resolution that's proposed here to give us a second hearing for this year. CHAIRMAN FIALA: Do you want to hear from Leo first? COMMISSIONER HILLER: Yeah. Go ahead, Leo. MR. OCHS: Ma'am, you just had your budget workshop. Pelican Bay Services Division presented their budget, was here to answer any questions that the Board had. This is simply a statutory requirement to advertise a hearing date to set the special assessment for the district. I'll let Mr. Isackson fill in any more details. MR. ISACKSON: Good morning, Commissioners, I do smile occasionally. CHAIRMAN FIALA: Happy Birthday, Mark. Page 15 June 28, 2016 MR. OCHS: She said, Happy Birthday, Mark. MR. ISACKSON: Thank you. Thank you very much. Let's not confuse the Pelican Bay process with the TRIM process which requires two separate public hearings, one -- and they both occur in September. This year will be the 8th and the 22nd. This has nothing to do with the TRIM process, none whatsoever. CHAIRMAN FIALA: Thank you. I didn't realize that. Thank you. Okay. DR. DOYLE: If I could, Commissioners, the reason why this has nothing to do with the TRIM process is because years ago, about 20 years ago, we went from an ad valorem assessment to a special non-ad valorem assessment. So we were taken out of the TRIM, but no one gave us the opportunity for two hearings. And I don't care whether TRIM or non-TRIM, the public should have the opportunity for two hearings. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: I really don't see why it would be so difficult to bring this forward twice if there is a need. You know, it may very well be that it's brought forward, and after the first hearing no one comes forward to the second hearing and has any comment, but it does make sense to just treat everyone the same way even if it's not on the TRIM. I mean, is it a big deal to do it? I mean, I don't even think we need an ordinance. I think if we -- MR. KLATZKOW: Commissioner -- COMMISSIONER HILLER: I'm sorry --just by way of vote here make the decision that's how it should be, I think it can be done. MR. KLATZKOW: We're here because the ordinance requires it. Having said that, if you're looking for fairness, you have a lot of MSTUs. This is the only one we treat like this. COMMISSIONER HILLER: The only one that has one hearing Page 16 June 28, 2016 or the only one that gets -- MR. KLATZKOW: The only one that gets this hearing. CHAIRMAN FIALA: Nobody else even gets -- MR. KLATZKOW: Nobody else even gets one. So Pelican Bay has been given special treatment, and I understand the reasons why. But if you want to talk about issues of fairness, Mark, how many MSTUs do we have? MR. ISACKSON: Oh, in the range of about 20. COMMISSIONER HILLER: All right. I did not understand that DR. DOYLE: Excuse me. That's inaccurate. The other MSTUs get to go to both tax hearings. They're lumped in all together -- COMMISSIONER HILLER: That's part of the TRIM. DR. DOYLE: -- when you look at the rollback rates and the millage that you're going to adopt. But they get to go to two hearings, all 20 of them. MR. ISACKSON: And that's because they levy property taxes and they're part of the TRIM process. It's simple. COMMISSIONER HILLER: But in fairness, what Dr. Doyle is saying is correct. I understand that -- and, you know, it makes it sound confusing, but it is clear that those MSTUs are part of the TRIM. And it is also clear that this one isn't, but that doesn't mean they shouldn't be treated the same way as the other MSTUs. And I understand that the MSTUs are not making specific presentation because they don't have the same management structure that the Pelican Bay MSTU has. I just -- I'm not really sure that there is any reason to object to this. I mean, giving the public the opportunity to be heard is not a negative thing, and, you know, to the extent that, like I said, no one comes to the second meeting because the first meeting addresses everything, at least the opportunity is made available to them. CHAIRMAN FIALA: Has anybody else in Pelican Bay ever Page 17 June 28, 2016 asked for this? COMMISSIONER HILLER: Not that I'm aware of, but just because they haven't doesn't mean that if they knew they could have that opportunity that they wouldn't avail themselves of it. I'm just not sure that it's a reason for us to have a dispute. I think it's a very simple matter and one that I think could readily be accommodated, and maybe we'd just do it at this particular budget hearing session and then for next year do something more formal in the fall that memorializes it by way of vote. CHAIRMAN FIALA: I don't think we can make a decision this morning. COMMISSIONER HILLER: No, we can't. CHAIRMAN FIALA: This is not on the agenda -- COMMISSIONER HILLER: No, not at all. CHAIRMAN FIALA: -- or anything. COMMISSIONER HILLER: It isn't. CHAIRMAN FIALA: So let's ask our County Manager to discuss with our finance director and -- COMMISSIONER HILLER: Absolutely. CHAIRMAN FIALA: -- discuss with Pelican Bay if this is something they feel that they want and then come back to us for an answer. Would that be okay with everyone? COMMISSIONER HILLER: Is that -- CHAIRMAN FIALA: Okay. Very good. DR. DOYLE: Except for this resolution that you're going to look at on the consent agenda only has one hearing right now. So you have to take it off and fix it or fix it as we speak right here. CHAIRMAN FIALA: But it isn't on the agenda. We can't -- DR. DOYLE: Yes, it is. You have a consent-agenda item here for this hearing, and it's only going to allow one hearing. So are we going to take it off and discuss it as business on the regular -- as, you Page 18 June 28, 2016 know, like another 9-something item, or are we going to change it right here to add in September 22nd into this resolution that you're adopting? You're going to adopt it on the consent right now. COMMISSIONER HILLER: What's the pleasure of the Board? MR. OCHS: Commissioners, I'd recommend we just continue this to your July meeting, give us some time to discuss this with your Pelican Bay Services Division Board. COMMISSIONER HILLER: So continue the entire item? MR. OCHS: Yes. COMMISSIONER HILLER: Yeah. MR. OCHS: You have time. You can still do this at the next meeting. COMMISSIONER HILLER: So take no action is what you would propose at this time? MR. OCHS: No. Continue the item. COMMISSIONER HILLER: Right, right, right. But I'm saying continue it, but don't vote on this item here today and -- MR. OCHS: That's correct. COMMISSIONER HILLER: -- go ahead and move it to the next meeting. MR. OCHS: Move it to your July meeting. COMMISSIONER HILLER: Let's do that. That's acceptable. DR. DOYLE: Thank you very much. COMMISSIONER HILLER: Is that all right with you, Commissioner Fiala? CHAIRMAN FIALA: It is. Now let's get back to -- so we have -- everybody has heard the changes and suggestions. This isn't a change right now. So may I hear a motion? COMMISSIONER NANCE: Motion to approve today's agenda as amended. Page 19 June 28, 2016 CHAIRMAN FIALA: Very good. And a second, please. COMMISSIONER HILLER: I'll second it. CHAIRMAN FIALA: Okay. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Okay. Do you want to state why? COMMISSIONER HENNING: No. CHAIRMAN FIALA: Okay. Very good. Okay, then. Page 20 Proposed Agenda Changes Board of County Commissioners Meeting June 28,2016 Move Item 16D23 to Item 11E: Recommendation to approve the Collier County U.S.Department of Housing and Urban Development(HUD)5-Year Consolidated Plan for FY 2016-2020 to include a revised Citizen Participation Plan,the Needs Assessment,the FY2016-2017 One-Year HUD Annual Action Plan for Community Development Block Grant(CDBG),HOME Investment Partnerships and Emergency Solutions Grant Programs,including the re-programming of funds from previous years for CDBG and HOME and estimated CDBG program income; approve the Resolution,HUD Certifications,and SF 424 Application for Federal Assistance,and authorize transmittal to the HUD. (Commissioner Fiala's request) Deny Item 16J2 until such time as the Clerk certifies that the payables presented in this report have been pre- audited as previously specified by the Board: To provide the Board a"Payables Report" for the period ending June 22,2016 pursuant to the Board's request. (Staff's request) Item 16F3: The proposed Resolution is modified as follows: A RESOLUTION FIXING THE DATE,TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT(NON-AD VALOREM ASSESSMENT)TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS,AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS,MANAGEMENT OF THE DREDGING AND MAINTENANCE ACTIVITIES FOR CLAM PASS FOR THE PURPOSE OF ENHANCING THE HEALTH OF THE AFFECTED MANGROVE FOREST,AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT,THE MAINTENANCE OF CONSERVATION OR PRESERVE AREAS,INCLUDING THE RESTORATION OF THE MANGROVE FOREST PRESERVE AND TO FINANCE THE LANDSCAPING BEAUTIFICATION OF ONLY THAT PORTION OF U.S.41 FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD,BERMS,STREET SIGNAGE REPLACEMENTS WIDITN THE MEDIAN AREAS,LANDSCAPING IMPROVEMENTS TO U.S.41 ENTRANCES AND BEACH RENOURISHMENT, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT. Time Certain Items: Item 11C to be heard at 9:20 a.m. Item 11A to be heard at 9:50 a.m.,followed by Item 11B V15/2016 11.18 AM June 28, 2016 Item #3A SERVICE AWARDS — EMPLOYEE — 25 YEAR ATTENDEE MR. OCHS: Madam Chair, that takes us to service awards, if the Board would join us in the front of the dais. Commissioners, we have one employee celebrating 25 years of service with government this morning. Jacqueline Lockerby from EMS. Jacqueline, please step forward. (Applause.) CHAIRMAN FIALA: I feel like I'm standing next to trees. (Applause.) Item #3B SERVICE AWARDS — EMPLOYEE — 30 YEAR ATTENDEE MR. OCHS: Celebrating 30 years of service with county government from your parks and recreation division, Vickie Wilson. Vickie. (Applause.) CHAIRMAN FIALA: Thank you for all your service. (Applause.) Item #3C SERVICE AWARDS — EMPLOYEE — 35 YEAR ATTENDEE MR. OCHS: The final recipient this morning, celebrating 35 years of service with county government, Joseph Corbo from road maintenance. Joseph? Page 21 June 28, 2016 I (Applause.) MR. CASALANGUIDA: Congratulations, Joe. MR. CORBO: Thank you. (Applause.) MR. OCHS: That concludes our service awards this morning. Thank you, Commissioners. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A PROCLAMATION HONORING MICHAEL WYNN, HIS CONTRIBUTIONS TO THE COMMUNITY AND HIS RECENT APPOINTMENT TO THE BOARD OF DIRECTORS OF THE FEDERAL RESERVE BANK OF ATLANTA'S MIAMI BRANCH. ACCEPTED BY MICHAEL WYNN — ADOPTED MR. OCHS: Madam Chairman, that takes us to proclamations. Item 4A is a proclamation honoring Michael Wynn for his contributions to the community and his recent appointment to the Board of Directors of the Federal Reserve Bank of Atlanta's Miami Branch. To be accepted by Mr. Michael Wynn. Michael? (Applause.) CHAIRMAN FIALA: We can never thank you enough for all the things you do for your community. Thank you. COMMISSIONER NANCE: Whoa, whoa, whoa. MR. OCHS: Picture. CHAIRMAN FIALA: Can't leave us, Mike. Page 22 June 28, 2016 (Applause.) COMMISSIONER TAYLOR: Just a short note on the Wynn family, and I've learned this through my years in Naples. Long, long time ago when Naples was truly a fishing village and work was only in the season, it was the Wynn family that opened the grocery store, and it was the Wynn family that extended credit to those fishermen and those work folks who didn't have a job in the summer. So your roots are so deep in this community, and you've touched so many lives, and congratulations on that promotion. (Applause.) Item #4B PROCLAMATION RECOGNIZING AND CONGRATULATING LEXTECH AUTOMOTIVE, INC. ON RECEIVING THE WRAP AWARD FOR ITS CONTINUED EFFORTS TO PROMOTE WASTE REDUCTION, REUSE AND RECYCLING AND FOR SUSTAINING THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL. ACCEPTED BY MR. STEVE STOVER— ADOPTED MR. OCHS: Item 4B is a proclamation recognizing and congratulating Lextech Automotive, Incorporated, on receiving the WRAP award for its continued efforts to promote waste reduction, reuse, and recycling and for sustaining the usable life of the Collier County Landfill. To be accepted this morning by Mr. Steve Stover, the Owner. Steve. (Applause.) CHAIRMAN FIALA: You want me to get in here? (Applause.) MR. STOVER: I just wanted to say real quick thank you very much. It's a great honor to receive the award, and I apologize that my Page 23 June 28, 2016 co-owner, Jim Kunkle, is not here today. He had back surgery. He had a nerve -- tumor removed from the nerve in his back, but we appreciate it very much. The Solid Waste Department and Janet Go, she stressed the importance of recycling when we came into Collier County 11 years ago. And it's amazing, once you get in the habit of recycling now we have more recycle than we have actually garbage pickup. So thank you very much. CHAIRMAN FIALA: What do we have -- what is the percentage, something like 72 or something like that, percentage of recycling? MR. STOVER: Almost that, yeah. It's amazing. Just incredible. Thank you. (Applause.) Item #4C PROCLAMATION DECLARING TUESDAY, JUNE 28, 2016, AS MACKENSIE ALEXANDER DAY IN COLLIER COUNTY, IN RECOGNITION OF HIS DEDICATION TO HIS FAMILY, FOOTBALL AND THE COMMUNITY. ACCEPTED BY MACKENSIE ALEXANDER. MACKENSIE WILL ALSO BE PRESENTED WITH THE "AGAINST ALL ODDS" AWARD — ADOPTED MR. OCHS: Item 4C is a proclamation declaring Tuesday, June 28, 2016, as Mackensie Alexander Day in Collier County in recognition of his dedication to his family, football, and the community. I understand that Commissioner Taylor will be reading the proclamation this morning, and the award, then, will be accepted by Mackensie Alexander, who will also be presented with the Against Page 24 June 28, 2016 All Odds award. Commissioner Taylor? COMMISSIONER TAYLOR: Thank you very much. Now, I have -- I have two proclamations. One will be in Creole and one will be in English, but I'll be reading the English, of course, but I just want you to know. Whereas, on behalf of the residents of Collier County, the Board of County Commissioners, they would like to recognize Mackensie Alexander for his athletic prowess, dedication to his family, and service to our community; Whereas, in 1980, Mackensie's parents, Jean and Marie Alexander, left Haiti for a better life, moving to Immokalee and picking oranges and tomatoes in the fields while earning on an average of$50 a day; and, Whereas, at age 10, Mackensie and his twin brother, Mackenro, joined them in the fields; and, Whereas, Mackensie knew that hard work would be his way out of the fields, he began working hard on the football field, standing out on the Immokalee High School football field as a defensive back and becoming one of nation's (sic) top recruits following his performance at the U.S. Army National Combine in January 2012; and, Whereas, Mackensie chose to attend Clemson University in South Carolina where his speed and talent and work ethic went noticed by his coaches, fellow players, and opponents; and, Whereas, in his last 23 games at Clemson, he didn't allow a single touchdown; and, Whereas, his entire desire to help his family led him to declare for the NFL draft early saying he was "fighting for them, too"; and, Whereas, Mackensie's hard work paid off, and he was chosen as the 54th pick in the NFL draft and will play this fall as a member of the Minnesota Vikings; and, Page 25 June 28, 2016 Whereas, Mackensie enjoys giving back to his community and recently, along with Adidas, donated $10,000 worth of athletic equipment to the Boys & Girls Club of Collier County; and, Whereas, the Board of County Commissioners would like to officially recognize Mackensie for his dedication to his family, football, and the community. Congratulations. (Applause.) UNIDENTIFIED SPEAKER: Just like a football, come on. MR. ALEXANDER: I'll hold it like a loaf of bread then. (Applause.) MR. ALEXANDER: I'm just lost for words right now, and I'm so grateful. And I have God in my life. And I thank the Commissioners and the county for looking at me as an outlet -- a positive outlet for the county. And I've worked extremely hard to be in the situation to take care of my parents and just be a positive outlet to the kids in not just Immokalee but Collier County. And I grew up not having much, so I understand when kids need help in their situation. So, you know, giving back, to me, is something that I thrive to do. And my parents are real old-school, so, you know, they really instilled that in me. I'm thankful and I'm grateful and I'm so blessed to come out here and get this award from you guys, and I'm just thankful. And I have all my supporters back there, and I thank every last of you for showing up today. Just thankful. I'm grateful. Thank you. COMMISSIONER HENNING: Move to approve the proclamations -- COMMISSIONER NANCE: Second. COMMISSIONER HENNING: -- on this agenda. CHAIRMAN FIALA: All in favor, signify by saying aye. Page 26 June 28, 2016 COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Thank you very much. And we will be moving on then. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Oh, look at that. We're right on time. Item #11C LANDSCAPE BEAUTIFICATION MASTER PLAN RANKING FOR INSTALLATION; AND AUTHORIZE A BUDGET AMENDMENT TO FUND THE INITIAL FY17 DESIGN — MOTION TO ACCEPT STAFF'S RECOMMENDATIONS WITH MODIFICATIONS TO THE AMENDMENT WITH EAST OF RADIO ROAD PORTION AND BRING BACK DESIGN IDEAS THAT INCORPORATE BEST MANAGEMENT PRACTICES FOR FURTHER DISCUSSION AND PRESENT IT TO THE BOARD IN SEPTEMBER OR OCTOBER — APPROVED MR. OCHS: We move on to Item 11C, which is your 9:20 time-certain hearing item this morning. It is a recommendation to approve the Landscape Beautification Master Plan Ranking for installation and authorize a budget amendment to fund the initial FY2017 design. Mr. David Wilkison will present. COMMISSIONER HENNING: What is this we're getting on the dais here? Page 27 June 28, 2016 CHAIRMAN FIALA: I don't know. COMMISSIONER HENNING: Is this part of the consideration? COMMISSIONER TAYLOR: Yes. COMMISSIONER NANCE: It's -- no, sir. It is a hard copy of a one-way communication that I sent to you yesterday. COMMISSIONER HENNING: So it's not a part of today's agenda? COMMISSIONER TAYLOR: Yes. COMMISSIONER NANCE: Well, it's related to my remarks. COMMISSIONER HENNING: Thank you. MR. WILKISON: In the interest of time, I'll go ahead and get started. Good morning, Commissioners. For the record, David Wilkison, your Growth Management Department head, and thank you for the very kind birthday wishes; appreciate it. I could tell you there was no better gift for me for my birthday than to see Mackensie Alexander get recognized. That's awesome. (Applause.) MR. WILKISON: I lived in Immokalee from 1960 to 1967, so I really have a soft place in my heart for Immokalee, and it's just great to see young men like him doing wonderful things for the community. So a few weeks ago in our budget hearings I gave you a heads-up that I was going to come before you today to talk to you about a landscape beautification master plan and also to talk to you about some advanced funding for the Fiscal Year '17 projects that will be part of this.master plan. Now, we prepared this master plan really based on direction that we had received in our workshop that occurred last fall. We had a complete streets and landscape -- or median landscaping workshop, and we prepared that based on that. Now, today, really, I'm before you to ask really specifically for Page 28 June 28, 2016 two things: Number one, first, a landscape -- approval of a landscape beautification master plan that specifies the ranking of the projects, and it just came up on the screen -- it specifies the ranking of all the projects for about a total of 51 miles of roadway. And as you can see, the map is prepared in a manner that they're color-coded per year. And the first one that you will see that is really the first project we're going to undertake is a grant-funded project on 951 that is south of 41 really in the Fiddler's Creek area, and that's a project where we received a grant from the FDOT to do that project. Then in Fiscal Year '17 we're going to be undertaking three projects. Number one, Immokalee Road from 951 to about Wilson Boulevard. We had originally talked about going around the Randall curve. We decided to pull that just a little bit to the west because, you know, there's so much going on with the Randall curve right now. It's being studied by the DOT for future improvements, and there's a tremendous amount going on there with the Publix being developed, and, really, everything from there up to Oil Well Road is under a lot of different development at this time. So we pulled it back a little short. Now, the second project in Fiscal Year '17 would be 951, and you can see it. It's the blue on the map; the southern part from U.S. 41 north up to just south of the Walmart there on 951. And then the third part is Santa Barbara Boulevard, and that would go from Rattlesnake Hammock Road -- or excuse me -- from Davis Boulevard north to about where the overpass over 75 is. And companion to this item, which is also in your packet, is a spreadsheet that really kind of lays out the cost; the installation, the design, and the maintenance cost for the landscaping over this five-year period. And projects are really ranked based on when they were completed. And, you know, the three projects that we have in Fiscal Year '17 were all completed, I believe, back around 2008 and 2009. So Page 29 June 28, 2016 we have about 51 miles of roadways that were widened that remain unlandscaped. So the second thing I wanted to ask you for today is the advanced funding for those three projects that I just discussed with you. What we would like to do is to get a jump this summer on the design for these projects so the design can be vetted. We were going to have public meetings; we're going to meet with stakeholders. And so we can do a nice job of designing this summer, probably early fall, public meetings will probably be in the early fall, and then begin construction next year. So those are the two things that I'm before you today asking for approval. Now, I've got several members of my team here with me today. We've got Pam Lulich, Travis Gossard, John Vortherms, and David Morgan. All of them are very involved in our landscape program. And I will tell you that it's very challenging, really, to balance all the views concerning landscaping. As you well know, we've had a nice healthy discussion at the workshop last fall. We had a healthy discussion last -- a few weeks ago at our budget workshop. So I can tell you this, that we will work hard to improve our best management practices, and we will vet these projects, and we will work with our stakeholders and the public to really put together a landscape program that you can support. So we're all here to answer any questions you may have, and I do appreciate this opportunity to speak to you. Thank you. MR. OCHS: Madam Chair, if I might, just one other consideration. There's a segment of the program that -- specifically, it's the Radio Road -- CHAIRMAN FIALA: Just what I was going to ask you to talk about. Page 30 June 28, 2016 MR. OCHS: -- Median Beautification Project East of Santa Barbara. A few years ago the residents in that area formed an MSTU, taxed themselves, took out a bank loan, actually, to fund the capital construction of that median, and then the ongoing maintenance through their annual millage. If the Board approves this master plan, it would be the staffs recommendation that we incorporate that segment into this master plan to complete the full stretch of Radio Road. Most of it west of Santa Barbara is already in your program, and that would entail an early payoff of the outstanding loan, and then the assumption of the maintenance similar to what we are doing for the rest of the program, if that's acceptable to the Board and Commissioner Henning, in particular, who had championed that whole project years ago. CHAIRMAN FIALA: What about the second portion of Radio Road, or is that both of them? I mean, one is paying -- they're both -- they both have an MSTU. One has this loan; the other one does not, right? MR. OCHS: Yes, ma'am. The part west of Santa Barbara taxes themself for multiple special services. The maintenance of the landscaping is already part of your Fund 111 Unincorporated Area General Fund, so that would not change. CHAIRMAN FIALA: Okay. Okay, very good. Thank you so much. Those were answering some of my questions. I also wanted to speak on the record, but I'll let my fellow Commissioners speak first. We have a nice audience here who would also like to speak. Do we have -- we have speakers, right? MR. OCHS: Yes, ma'am. MR. MILLER: Yes, ma'am. I have at this point 18 registered speakers. CHAIRMAN FIALA: Okay. And I would -- I would suggest Page 31 June 28, 2016 that if you can be brief and be brilliant, that would be wonderful. If somebody gives -- says the same thing that you want to say, you can just stand up and say I agree, and then that will save a little bit of time, too, if that would be acceptable to you, and I'm sure it will be. And so let's start calling on our speakers now. MR. MILLER: Yes, ma'am. I will call two speakers. If we can use both podiums to expedite the process. Your first speaker is Barry Denkensohn. He will be followed by Phil Brougham. MR. DENKENSOHN: Good morning, Commissioners. Thank you very much for allowing me to speak. I'm an attorney by practice, and so three minutes is going to be pretty difficult, but I'll do my best. I'm also a member of the Board of Directors of Verona Walk and have been for three years. I first want to thank our commissioner, Donna Fiala, who has been an advocate for landscaping and beautification over the years, and her persistent determination with that effort is something that I admire tremendously, and so I want to thank you, something that I like to be considered as well. Since I have a short amount of time, I'm just going to -- I want to start by focusing on what I think I wanted to conclude with so I get that in. While I live in Verona Walk, and the beautification project with the landscaping refers to these three specific streets, I have a good pulse on my community, being a board member for over three years. We have over -- between 3- and 4,000 homeowners, and I know pretty much what they're thinking. Donna has been to our community. We had a town meeting, and this issue came up, and she got a really loud round of applause. And what I wanted to say is, if this issue related to other streets in Collier County, whether it be Davis or Airport-Pulling, I'd still be in favor of it, and the reason is, because we're all not only residents of our Page 32 June 28, 2016 community and our local district where I live in East Naples, we're residents of Broward -- excuse me -- of Collier County, and that's really important, because none of us live in a cocoon, okay. We all get out, and we shop, and we go to restaurants all over Collier County. And so this project not only reflects on Collier Boulevard, Santa Barbara, and Immokalee, Radio, et cetera, it reflects on the entire county, and I really think that's something that I ask each and every one of you to consider. It's just not our specific area. A couple of other quick things. I read the summary, and I know you know all the benefits that are indicated in that summary. One thing that didn't get recognized or indicated in the summary is something that Donna has suggested with regard to a benefit of beautification in landscaping and that is traffic, okay. We have problems in terms of speeding. We have problems in terms of occasional road rage. So I think those are additional benefits. And so let me just conclude by saying that I implore this board to approve this landscaping because it will be a benefit not only to these particular streets and communities that are located there, but to the entire county. Thank you very much. CHAIRMAN FIALA: Thank you very much. MR. MILLER: Your next speaker is Phil Brougham. He will be followed by Rick O'Connor. MR. BROUGHAM: Good morning. My name is Phil Brougham, and surprise, surprise, I'm going to talk to you about asset management this morning, except the asset I'm referring to is our landscaping. And it ranks right up there, in my opinion, of the tremendous assets that this county has with beaches and our parks and then our landscaping. And I understand that landscaping can be very subjective; Page 33 June 28, 2016 everyone has a view on it, whether they like pretty little flowers or they like cactus or they like something else. And I think it's important that we realize not only that there's going to be different views as far as what should be planted, I think with the recommendation to hold the public hearings, then you're going to have a lot of specific input from, I think, well-qualified landscaping people. Different decisions might be more appropriate for different streets and different roadways and different areas. I think we have an opportunity now to restart this program which was justifiably suspended during the tough times. But landscaping takes money, and it takes money to plant it, and it certainly takes money to maintain it, just like any other asset we have. Commissioner Nance made a super point at the budget workshop a couple weeks ago regarding the ongoing maintenance, and I think that has to be fully considered in these workshops and in the plans that are going to be brought forward to you. There's not just one point of view to consider. There's many points of view. Is it going to cost money? Yes, it's going to cost money, but I think that money is really a good investment back into our landscaping assets. I'll lobby continually to reinvest in our assets. And I think this is also recommending a pretty reliable and steady source of revenue dedicated to this project, which is different than we've had with a lot of other of our programs in the past. And I think that's -- that's good progress towards a good end. So with that, I'll stop. Let's retake our medians. Thank you very much. MR. MILLER: Your next speaker is Rick O'Connor. He'll be followed by Bill Connors. MR. O'CONNOR: Good morning. Thank you for the opportunity to speak this morning. I'm not going to speak about the differences of the medians or Page 34 June 28, 2016 where we should have them or what neighborhoods we should have them in. It's not important. I think one of the things that -- I'll speak in terms of operations of safety. I think one of the things that I notice in my own personal driving when I'm driving down, I'll use Collier Boulevard as an example, four lanes on either side, straightaways. It's like a racetrack, and people think about it like that. It's just -- put down the hammer, and off they go. You'll drive down the neighborhoods that have well-defined medians in them, landscaped, calming. It gives the impression of a more residential area. They do drive slower. And I also think it's a safety concern, is that when you're driving at some of the higher speeds that we have on some of our boulevards -- and you need that, people getting to and from work and evacuation routes, those types of things. Those are important to have. But head-on collisions are a real issue, blowouts, other accidents sending people across medians. Many times I've seen cars up in the middle of medians that kept -- a landscape median that's kept a vehicle from moving on into oncoming traffic. And oncoming -- a head-on collision between cars is just one of the most deadly of all. So I think there's a safety concern there that should be considered as well as part of the overall process of thinking whether we should reinstitute medians or not. Thank you for your time. CHAIRMAN FIALA: Thank you for mentioning that, because the state says the same thing; that's why they encourage landscaping. Thank you. MR. MILLER: Your next speaker is Bill Connors. He'll be followed by Ron Sachatello. MR. CONNORS: Good morning, Commissioners. My name is Page 35 June 28, 2016 Bill Connors. I'm a resident of Forest Glenn and a member of the Master Board Association. I bought my first property here in 1986, and I still had to work for a while, so I finally became a full-time resident 10 years ago. The reason we bought here in the first place is the same reason we bought in the second place, and that is because Naples is so beautiful. We're building up East Naples. We live in East Naples. We'd like East Naples to look like the rest of the community that's so beautiful. Please reinstate the program for the benefit of us on Collier Boulevard. Thank you very much. MR. MILLER: Your next speaker is Ron Sachatello. He'll be followed by Joseph Doyle. MR. SACHATELLO: Yes. Thank you for the opportunity to speak. In the paper recently there was an article to say that the landscaping was not sustainable from a budgetary standpoint. My point would be if we don't landscape and continue to do this, that Naples might not be sustainable. The last three months we've had decreases in tourism here. That's for many reasons; however, the biggest reason that that could happen is people have many places and many things to spend their money on. Atlantic City at one time thought they were sustainable forever. They went down the tubes. Coney Island, the same. Detroit thought they were sustainable. And the reason they weren't sustainable is people weren't buying their products. Our product is beauty. That's all we sell. There's nothing wrong with selling beauty. The biggest aisle of CVS or any department store is the aisle that sells beauty products. Everyone in this room has looked at a mirror before they came here and never lost an opportunity to look in the mirror when they Page 36 June 28, 2016 passed one. We have one opportunity to maintain what we have here. We have headwinds here. We have Lake Okeechobee that is not doing favors to this part of Florida. All sports magazines right now are telling people not to even fish here. So the point is, we have a jewel. We have to protect that jewel. They say that a cynic is a person who knows the cost of everything but the value of nothing. So I say, if we don't sustain our spending and increase our spending, we're not going to really sustain what this paradise is. Stephen Covey had in his book, seven habits of successful people, he distinguished between a manager and a leader. He said, managers do things right. The leaders do the right things. You're all leaders. Please do the right thing. Thank you. MR. MILLER: Your next speaker is Dr. Joseph Doyle. He'll be followed by David Linnen? Ling? Dr. Doyle. DR. DOYLE: Good morning, Commissioners. Dr. Joseph Doyle, Naples. I also agree that, you know, Collier County is beautiful because of the landscaping. That's why people like to come here. I'd like to point out, again, inconsistency in equity. Pelican Bay MSTBU maintains the median on U.S. 41 from Vanderbilt Beach Road down to Pine Ridge, and that was set up in 2002. As you recall, we put the median in with the landscaping and everything. Well, here it is now 2016. I think if we're going to be consistent, a lot of people enjoy that median coming up and down 41 all year round. I think that the county, that that median should be part of this and not maintained solely by the residents of Pelican Bay, that it should be incorporated into this master plan. Page 37 June 28, 2016 Thank you. MR. MILLER: Your next speaker is David -- MR. LING: Ling. MR. MILLER: Ling. Thank you, sir. He'll be followed by Marlene Sherman. MR. LING: Good morning, Commissioners. I would applaud you in Collier County for probably maintaining the most beautiful city I have ever been in. Several years ago my wife and I moved from California, Southern California, to live in this community. And one of the things that shocked us when we came into this community was the beautiful streets, wide, well-landscaped. And it's just -- it's just a tribute to everything that we have here. And I would encourage you, as the Collier County -- you've got it up high on your priority list, but as the Collier Boulevard continues to grow and grow quickly, it will be one of the major thoroughfares. And I would think we would want it to be as beautiful as our others. Thank you very much. MR. MILLER: Your next speaker is Marlene Sherman. She'll be followed by Gary Tincu. MS. SHERMAN: Good morning, Commissioners. My name is Marlene Sherman, and I support the recommendation to approve the landscaping beautification master plan and authorize the amendment of the budget for FY 17 design. And I, too, have -- I've lived in Collier County for 20 years. My parents lived in Cape Coral, retired to Cape Coral. And I traveled up and down U.S. 41 numerous times, and I could always tell when I entered Collier County. I didn't have to look at the sign that says Collier, because there was just a peace and calmness that would come over me from the beautification of landscaping. But I also want to make another point, because I -- we were -- my Page 38 June 28, 2016 parents lived in Cape Coral, and I was familiar with coming down to that area, we rented in a country club community and -- for two years, and -- Kelly Greens, and found a -- it was a U.S. Home development, and we had found a home that we particular -- model that we particularly liked and were set to purchase that when someone recommended to us -- they said, well, you have a sister community, U.S. Homes did at that time, in Collier County, called Countryside. And they said, you ought to go see it. So we did. We came down here, saw the same model home, and we thought, oh, isn't this beautiful, and we decided the looks of Collier County was more appealing than Cape -- Fort Myers at that time, Kelly Greens. So we decided to purchase. And to our surprise, when we went to settlement, we found that the real estate taxes in Lee County were two-thirds higher than Collier County, which was really a surprise. Everybody assumes because you live in Collier County your taxes are exorbitant. Not true. Ours are much lower than Lee County, and I wanted to make that point. And I strongly support the effort to continue the beautification. I think that you've done a -- the commissioners and the planners have done a wonderful job, and I hope you continue to do so. Thank you. MR. MILLER: Your next speaker is Gary Tincu. He'll be followed by Robert Brill. MR. TINCU: Thank you for hearing us this morning. I'd like to say that -- it's already been mentioned, the safety issues on (sic) Collier County, but another thing to think about is when people come to visit Collier County and Naples, one of the entrances to the county is Exit 101 off I-75, and what's the first thing that you see? You see barren medians there. If you look at the difference between Collier Boulevard and Rattlesnake Hammock, which has been landscaped, the differences are Page 39 June 28, 2016 simply amazing. We need this for two reasons: It enhances the quality of life in Collier County, and it also enhances the safety in Collier County. I had the opportunity a week ago to meet two -- a couple who were visiting here from Stockholm, Sweden, and my wife and I had just been in Stockholm about four days earlier, so it was quite coincidental. I talked about the beauty in Stockholm and the architecture there, and I asked them why they came to Naples so often, and they said it's -- for two reasons. One is the friendliness of the people here and the absolute beauty that we provide. I submit to you that enhancing the median on Collier and elsewhere will do nothing more than to further that experience for people, and it is in our best interest. Thank you. MR. MILLER: Your next speaker is Robert Brill. He'll be followed by Susan Orschell. MR. BRILL: My name's Robert Brill. I live in Lely Villas II. I've been a full-time resident of Collier County for 30 years, and I'm just here today to be 100 percent behind and support the beautification project that we're going to vote on today. Thank you. MR. MILLER: Your next speaker is Susan Orschell. She'll be followed by Joe Adams. MS. ORSCHELL: Good morning, ladies and gentlemen. I just want to say that I support the earlier comments of the speakers in support of the median landscape program. Thank you. I'm a little hampered here. MR. MILLER: Your next speaker is Joe Adams. He'll be followed by Bill Kearney. MR. ADAMS: Good morning, everyone. My name is Joe Page 40 June 28, 2016 Adams. I've been coming to Collier County for about 25 years; moved here 18 years ago. I've been told that a couple more years I get my official cracker hat and T-shirt and all that. So I've -- I do love living here. I've had the opportunity to go to -- move to a lot of places. But I just want to tell you something that happened about 15 years ago. I was trying to figure out what it was about Collier County that was different, and what -- I was driving down, I don't know which road, but I looked around me, and I realized there was no litter. And I thought about it. And I said, you know, the reason there's no litter is because it's too beautiful to throw anything out your car window. And, subconsciously, I think that has an effect on all of us, you know, not to despoil something that is beautiful. As far as landscaping is concerned, of course I would like to see that continue; however, I think before we do anything on Radio Road to the east of Santa Barbara, we need to come back right around Livingston there on Radio and pull out all the dead bushes and trees that are there. I'm starting to see a lot of that around the county. I don't know if there's somebody tasked -- who's tasked with a job of monitoring, driving around the county looking at landscaping, but it's pretty easy to notice plants that are in distress at an early stage before it gets to the point where they need to be replaced. And there's -- from Airport Road going east, there's about a half mile, three-quarters of a mile beautiful Bougainvillea, and then there's three or four blocks of dead Bougainvillea, so there's obviously an irrigation problem going on there, so I'd like to see that addressed. The other thing is I would like to see applied to our plan is some imagination. And sometimes when I'm driving down a road that's landscaped, I feel like I'm in a nursery aisle. And here we have Bougainvillea, and here we have crown of thorns. It's just not a lot of Page 41 June 28, 2016 1 thought put into it. And I know that there's a lot of beautiful designs that are available to peruse for us. That goes with our architecture as well. You know, if I see one more cream-colored building with a red tile roof on it, I don't know what I'm going to do. But, yeah, that I'd like to see addressed, too, but that's another meeting altogether. So I would like to support the undertaking and continue with what has made this county, as other people have said, one of the most beautiful places in the world to visit, and I agreed with the last speaker who said when he got off at 101, I feel like I'm in Miami, and I get off any other exit off 75, and I feel like I'm back in Naples. Thank you. MR. MILLER: The next speaker is Bill Kearney. He'll be followed by Patricia Young. MR. KEARNEY: Thank you. Thank you, Commissioners. I'm going to curtail my comments because we were so pleased to hear Mr. Ochs' recommendation that the proposal include some kind of fairness and sympathy for those of us that live east of Santa Barbara. And if that becomes a part of the proposal, we are 110 percent behind it. We're not against beautification. It's needed. But if that's included, we will be so happy, and we'll support you. Thank you very much. MR. MILLER: Your next speaker is Patricia Young. She'll be followed by Patricia Dillon. MS. YOUNG: Thank you for having this hearing today. And I am here to support everything that's been said already, so I'm not going to repeat it. But there's one little piece I think that may be left out of the map, and I may have overlooked it. But there's a section on Thomasson right at 41 that leads to the Botanical Gardens and, of all places, there's nothing in the median. Page 42 June 28, 2016 There are two ways to get into the Botanical Gardens, and one way is landscaped and the other is not. So I would put in a request to advocate for that little section of the road. I think it's pretty important. There's a lot of public that passes through there. But, again, thank you for considering this because we want to keep Naples as beautiful as it is. Thank you. CHAIRMAN FIALA: Let me just jump in while you're walking back. And that section -- that won't be part of this program, but the CRA has already adopted it. They've put a plan together, and they've got the money. They're going to start landscaping Thomasson. They've just been working through a roundabout issue, and so you'll see that taking place, but that won't be part of this program. It's part of the MSTU for CRA. Thank you. MR. MILLER: Your next speaker is Patricia Dillon. She'll be followed by Jeff Randall. MS. DILLON: Hi. I'm Patricia Dillon. I've been a resident of Verona Walk for 11 years. During that time, I've seen a lot of different changes on 41. Beautification of our Naples highways has many benefits. My important one is it reduces the noise. It slows the traffic, which is important, and it gives residents pride and displays Naples as a beautiful place to live and visit. Trees on the east side of Collier Boulevard between Verona Walk and Henderson Creek were removed to allow room for the new pedestrian walkway. At the time of tree removal, the residents of Verona Walk were led to believe that the trees would be replaced, thus restoring the traffic noise -- or reducing the traffic noise. To date they have not been replaced. The trees are sparse, and the noise has increased. When the road was expanded from two lanes to three lanes on Page 43 June 28, 2016 each side, the traffic noise increased once again. The connected, raised medium (sic) -- the constructed mediums were put in with plans of planting. It looks as though the sprinklers were installed, but that was it. I patiently waited for the landscaping, and it never started. I understand the landscaping was put on hold; there were budget restraints. After the hearing last year, the median plantings were approved, not only for Collier Boulevard but several other roads that were built around the same time. The plan includes that soil would be amended to allow for better growing conditions. The current soil contains a lot of sand. The plantings would be native vegetation to reduce the ongoing cost of maintenance of the plantings and, also, the soil would be graded to allow rainwater to water the plants rather than roll off the raised bed. Now, I would be interested to know why we are here today. I thought we already discussed this issue. Next, the speed limit on Collier Boulevard has increased from 45 to 50. Drivers get off I-75 going 70 miles-an-hour-plus and proceed south of Collier Boulevard. At the Walmart at Davis and the Collier -- and at Collier, it's a straight open road for about eight miles. There's no traffic calming in place. Plantings at the medium have shown to slow traffic, reduce traffic noise, and create a great place to live and work. This much-needed and desired beautification product would reduce the noise, it would slow the traffic by reducing the sight lines, and give residents pride again. Naples is a beautiful place to live. We need to have splendor with the grass, trees, and plants. We currently don't. We only have the weeds. Thank you. MR. MILLER: Your next speaker is Jeff Randall. He'll be Page 44 June 28, 2016 followed by Carol Molyn. MR. RANDALL: Good morning, Commissioners. My name is Jeffrey Randall. I live in Pelican Marsh, which is adjacent to Airport-Pulling Road. Let me first state that I have no issue with the landscape plan. I think it's terrific for all of Collier, and it will be wonderful for the folks in Pelican Marsh and Tiburon once the landscaping is in. But I have an issue with regard to the timing for the Airport-Pulling Road landscaping. There's going to be reconstruction by the county in 2017, we have been advised, at or about Livingston and Airport going down to Pelican Marsh Elementary School. The landscaping is not scheduled to go in until 2020. It would seem to me, and I hope to you, more sense to move up the 2020 landscape plan for the Airport/Vanderbilt/Pelican Marsh Elementary School to do it at the same time you're going to be doing the reconstruction of Airport-Pulling and Vanderbilt in that area. Thank you. MR. MILLER: Your next speaker is Carol Molyn. She'll be followed by Lydia Galton. MS. MOLYN: Yes. I'm Carol Molyn, and I live in Sapphire Lakes on Radio Road. I just want to let everyone know that I'm -- this is my first year to become a permanent resident year round. I've been going back and forth for 11 years. I moved into Sapphire Lakes because of its landscaping. And we had no trouble with our communities along Radio Road voting to have a millage tax so we could have our Radio Road developed before 2017. And it was just music to my ears to hear Mr. Ochs say that, yes, we have been paying our millage tax and our maintenance, but it's Page 45 June 28, 2016 going to be reconsidered with the recommendation so that we're not paying double. And I also want to thank the passion that some of our board members have for landscaping. And, Mr. Nance and Mrs. Fiala, I think you do a fabulous job, as does all of the board members, and I want to thank you for recommending all of these things. Thank you. MR. MILLER: Commissioners, your final speaker for Item 11C is Lydia Galton. MS. GALTON: Good morning. I just wanted to affirm what everybody has already said, let's keep Naples and Collier County as beautiful as they are and spread out the median planting throughout the county. It's horrible when you drive out Immokalee Road and it just sort of ends. It's sad. It's beautiful the way it is, and we should keep it beautiful. Thank you very much. CHAIRMAN FIALA: I really want to congratulate everybody for coming right to the point, not taking longer than they needed. We moved ahead quickly. Thank you, everybody. Okay. Now we go on to Commissioner Henning. COMMISSIONER HENNING: Leo, when will the east of Radio be -- MSTU be disbanded? MR. OCHS: Sir, we could do that as soon as the coming Fiscal Year 2017. COMMISSIONER HENNING: Yeah. I know everybody has received a lot of emails about that. The residents are very proud of the accomplishments in the median over there, and then having -- and, because of the contractor and the lack of maintenance, had to redo it, all the cost of their taxes that they choose to tax themself extra. So I think it's a fair way to implement or restart the landscaping program; however, the landscaping design advanced funding, I quite agree with Commissioner Nance; it's an embarrassment when we have Page 46 June 28, 2016 a slight wind or a windy occasion and go down and see, like, a silver buttonwood turned over that's been there for years. It's obviously not appropriate. CHAIRMAN FIALA: The what? I couldn't hear you. COMMISSIONER HENNING: Silver buttonwood. The silver buttonwood is actually a native plant, but obviously it's not appropriate in the medians. There is a cost factor to consider on the plant material that goes in our medians, along with the maintenance. And I know that everybody wants lush. Well, I shouldn't say everybody, but people want lush but, however, that comes with a true cost. And you've to -- you've got to consider the balancing of your tax dollars and try to provide the best bang for your buck. And things like Floratam or the inappropriate plantings in the medians is not substainable (sic). You're going to -- you're going to keep on having to replant and replant. And, quite frankly, I'm embarrassed, again, when I see a tree or a bush that has fallen over because it's either the wrong plant or it hasn't been trimmed properly so winds don't pick it up and turn it over. So I'm very concerned about the landscaping advancement and the process. I think -- in my opinion, what I would like to see is, this is -- this is what we're going to put in our medians, and this is how we're going to maintain them. CHAIRMAN FIALA: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Thank you. I'm very supportive of landscaping our medians. Not only does it add beauty to the community, but there is a direct economic impact. It increases the value of property which, in turn, results in more county taxes so that we, in turn, can reinvest in the community, and it's also very important for economic development. Page 47 June 28, 2016 It obviously is a draw for tourism. It's a draw for companies to come to Collier County, establish themselves in a beautiful environment where they know that their workers will enjoy living. So there are so many reasons in addition to the ones mentioned by the public why the landscaping plan should be supported. I do want to speak specifically to what the gentleman addressed with respect to Airport-Pulling, and I think that not only the -- if you go back to the map, the Airport-Pulling corridor and Vanderbilt, as well as Vanderbilt between 41 and Airport-Pulling in that stretch are very important segments to landscape for economic development reasons. The segment between 41 and Airport-Pulling is heavily trafficked by businesses and tourists alike because it's right beside Mercato, and it's right between the two Ritz's, the Tiburon Ritz and the Beach Ritz. So you've got a lot of economic considerations going along that road. And I think if we could move the timetable forward on those projects, it would be worthwhile. I've received a lot of comments from the tourism industry, from Pelican Marsh residents, and from others with respect to that corridor. And I didn't know if even in the interim there could be some sort of limited landscaping, like, for example, cabbage palm and seagrasses, something very native that could be put along that median, because right now it's just absolutely barren and, again, along a major corridor. So I support this plan with the one modification as to the timing with respect to Airport-Pulling and Vanderbilt. CHAIRMAN FIALA: Okay. And, Commissioner Nance. COMMISSIONER NANCE: Yes. I hope everybody will indulge me for a few minutes. I'm going to go on kind of an extended comment. I appreciate the comments that everybody made, and I certainly support this plan; I do. I think it's time to begin landscaping of Collier Page 48 June 28, 2016 County again. I believe that all of the value that has been attributed to landscaping that Commissioner Fiala has stated over and over again and that the residents have and their appreciation for it is all true. It, indeed, is true. I want to share a couple things with you that you probably don't know. I originally came to Collier County in 1980 to go to work for the development company that built the Vineyards community. The Vineyards community at the time I was hired was flat farm fields pretty much devoid of trees. And I was hired -- I was in graduate school at the University of Florida in ornamental horticulture; imagine that. And I was hired to help them conceive a plan to reforest that area and turn it into the community that you see today and, ultimately, I was hired to put that plan into action. And I'm very proud of that, because some of those huge oak trees that you'll see if you go through the Vineyards I actually planted from acorns. So that kind of balances with the gray that's now in my beard. What I want to say is I certainly support the prioritization program. I support the funding of the monies, and I support going forward with this program, but what I want to impress upon you at this time is that part that I -- I also support Commissioner Henning's initiative to roll some of these MSTUs back into the program. And, Commissioner Henning, I think that's absolutely completely appropriate. Those people put their money out when we couldn't during the recession. But this program stopped in 2007. What I want to talk to you about now for a few minutes is I support the program but what I want to impress upon you is it is very important how we do this. It is more important than ever before the way that we do this. We cannot continue to do some of the things we've done in the past; not that they're all bad and not that it's anybody's fault, but there are reasons for Page 49 June 28, 2016 it, and it's called 20 million people in the state of Florida. When I was a little boy, there was less than a million. Now there's 20 million people here. Thank you for all coming down. Thank you for enjoying it. Thank you for loving it as much as I do, but what I want to do is I want to make sure that we don't love Florida to death and we don't, by benign neglect, kill the thing that we love the most. So I would like to ask Mr. Ochs to put the first sheet of this little handout up on the visualizer. I've supplied to the commissioners two lists of suggestions that I made over two landscape workshops that we had; one in 2013 and one most recently in October of 2015, the year just past, regarding my observations on medians and suggestions as to how we could make things better. And my concerns were that we had some horticultural practices that weren't working out very well. We were planting things improperly. We were planting them in the wrong place. We had them -- we just didn't have some very good horticultural practices. And I've made these big punch lists and, basically, they were suggestions as to how we could make our program better in the future anticipating this day. I was anticipating that we were going to go back to work, and I wanted to get us updated a little bit. What I want to talk to you a little -- let me go on just a few more minutes. Back when there was only 40,000 people in Naples, it didn't really matter much what you did. You could plant things anywhere. You could fertilize them. You could grow them any way you wanted. It didn't much matter. And, frankly, we started developing some pretty bad habits. We did things like landscaping down to the water's edge. We started using fertilizers, a lot of them because, you know, it's hard to make Florida green in the winter. People don't realize that Florida is supposed to be brown in the winter like most of the rest of North America. But when people come to a golf course for a golf date in Page 50 June 28, 2016 December, they expect that grass to be green. And so how do we make it green? We make it green with a lot of input, so a lot of water, fertilizer, pesticides, of things that we introduce in the environment to achieve the look that we want. With 20 million people in Florida, we can no longer just do this without using all the technology at our disposal. We can still have things that are beautiful. We can still grow exotic plants. We don't just have to grow natives. We can -- we can do better by using technology and planning our landscape program and our design and our installation and our maintenance so that we have less inputs of water, fertilizer, pesticides, and that's going to convert to less money. Please realize that we're going to dedicate a lot of money. What you see in this description right here is a little description of what I anticipate our dedication to this program is going to be in the next 20 years. It's almost $150 million, 91 percent of which is landscape maintenance. Only 9 percent is the cost of installation. So that should lead you to immediately understand that it's very, very important. What we do -- if we don't install things properly, the cost is in taking care of it, not in installing it. Installation, if you do it well, you do it properly, and you use the recommendations of the University of Florida, the South Florida Water Management District that all gives us guidelines, we can do better. And I hope that we will, and I know that you support this, because if you just simply look north at the Caloosahatchee basin and the waters that have come down into the lake from Orlando that's producing this brown water, this can be us if we don't do the right thing. Our -- Collier County is its own basin. So we can't look at the north and blame anybody else. If Naples Bay turns green one day because we haven't used best-management practices, it's going to be on us, and it's going to be over a long, long period of time. This is one of Page 51 June 28, 2016 those things where you get into trouble slowly and incrementally, and you get out of trouble slowly. So what I'm suggesting to you is some thoughtful changes going forward. Please take a look at these numbers. If you would like this sheet, I would like to share it to you. Relative to Commissioner Henning's comments -- let me drop back one second. Let me finish my remarks, then we can take a break. At the end of our 2016 October 6th workshop, and where I made some of these comments -- and the commissioners are getting them again -- the minutes reflect this: The Board directed staff-- this board directed staff to do this: Develop a median planting program which establishes a base level of landscaping for medians with options for enhancement in high-profile areas. Very good; the program to be developed in accordance with the recommendations posed by Commissioner Nance. Well, I'm not the only one that proposed recommendations, but I thank them for putting my name in there. I did write a lot of stuff up for them, and I did make a lot of comments, so I appreciate that. And then it went on to bring forth a proposal to re-establish the millage rate which is basically going back to a tax increase to have a dedicated funding. Everybody supported that. We did that. And then develop a plan to address landscaping the medians of certain roads. Well, that's all good. But guess what? We didn't get a median planting program which establishes the base level of landscaping. I've never seen it. And we also didn't get a program addressing all the comments that I made up. We didn't get it. What this agenda item calls for is jumping forward again to landscape design, to hire somebody to go design something. Well, wait a minute. Respectfully, we haven't even talked about some of these things that I think are very, very important going forward. Do Page 52 June 28, 2016 we really want to spend another $150 million in the next 20 years without thoughtful consideration of this? I know that you don't -- you-all don't think that. We've got 78 percent of our county in conservation and public ownership. We can't -- we shouldn't -- none of us should want to do things that are less than the very best technology. Collier County deserves the best technology. We deserve to be leaders in our field of landscaping responsibility. And I'm sorry to tell you we are not. The community of Pelican Bay, they're way ahead of us. The new development, Isles of Collier Reserve, those developers are way ahead of us. They're using sustainable things; they're building beautiful communities, but they're doing it with better technology. Please understand that spending a lot of money does not guarantee you're going to have beautiful landscape. There's rough spots in our landscape all over the place, and we're spending $45,000 a year per mile to maintain it, and it should look better than it does. The reason it doesn't is we've got some problems that we need to address. The other thing, you can throw a lot of money at it, and that doesn't make it environmentally responsible either. You have to -- you have to do that. So on my first sheet -- and please put that back up, Mr. Ochs -- what I'm recommending -- I can't support -- I can support the plan. I think it's a great plan going forward. I can support the prioritization. And I will let the other commissioners who have a lot more in the game on that to work through that, but I cannot support at this time jumping immediately to design before we do some thoughtful review of our system. At the bottom of this page I'm recommending that we just do a systematic review of our current program, identify the things that we Page 53 June 28, 2016 think we do well, things that we don't do so well, set some goals for appearance, how much money we want to spend, water management, environmental impact, which I think we really don't have as part of our landscape program, and then go through and update our practices, our horticultural practices, our design practices, and our installation practices. So we are state of the art. We deserve it. We deserve to have the most beautiful community, but let's not do it in the wrong way and pay a horrible, horrible price like our neighbors to the north have. They have created a nightmare. There's very few problems in Florida that can't be defined by 20 million people living here. It's developed very, very fast. You-all have been part of it. You know that. I'm not blaming you. I'm not saying anybody's bad. I'm just saying people make problems. So it is our responsibility. I would like to move forward with this program, but I would also like to see our landscape staff come back with some thoughtful improvements as they've promised us they were going to do. I gave them a lot of outlines to work on. I'm sure you've got some things you'd like to see worked on. I think it's very, very premature to jump to design. CHAIRMAN FIALA: Okay. I have so many comments, and I know Commissioner Taylor has, and I don't want the audience to leave, but we've got to take a break now. COMMISSIONER TAYLOR: And we have a ten to 10 time-certain also. CHAIRMAN FIALA: I know that. I'm sorry. I just -- I couldn't move it -- our people moved it fast. We're the ones that are kind of taking the time. But I hope you'll just stay for a few more minutes. COMMISSIONER TAYLOR: My comments are very short. Are we taking a break or -- CHAIRMAN FIALA: I was going to, but you can make your Page 54 June 28, 2016 comments, go ahead, if they're short. COMMISSIONER TAYLOR: You know, just -- I'm encouraged we're looking at all the medians, all the MSTUs that have spent -- folks, taxpayers are spending money when, as so eloquently put, we couldn't. I'm very encouraged that we're doing that. Berkshire Lakes is one of the areas on Radio Road. I'm looking at a bigger picture. And this is your tax dollars, and clearly 18 people in this room want to do this, that's true, but, you know, we have a lot of hard decisions to make going forward. We've got stormwater issues and how we're going to fund it. This is your tax dollars. And so I'm really reserved on this right now not because I didn't hear you, not because I don't think it's important. Oh, my goodness. I'm a flora and fauna lady from way back. I could get some education from Commissioner Nance on this. But in the bigger picture of what is facing Collier County and what we're looking at -- we've got a stormwater consultant coming back talking about, perhaps, levying a fee. That's your tax dollars again. So I need to listen very carefully. I'm fully supportive of a systematic approach to this not going and just planting because it looks green and it's lovely, and I'm not -- I disagree with that. Collier County, the reef project has been such an important project for Collier County because it's about sustainability. It's about -- Collier County has created something that is nowhere in Florida. By taking cement out of landfill and putting it off the Gulf so that folks can fish and dive -- and it's working. We're about sustainability, and this is the 21st century, and we need to bring ideals to our decision making. And so that's all I'm going to say for now. CHAIRMAN FIALA: Okay. Then I'll finish by saying, I'm sorry Page 55 June 28, 2016 that we're talking so long, and I know there's some other people waiting, but as you all know, I'm all about landscaping. And if you -- one of the people mentioned about how it's looking now versus how it used to look. And you can see it plainly. If anybody wants to drive down Davis Boulevard, if you start at U.S. 41, drive down Davis Boulevard to County Barn, you can see the new stuff between Davis Boulevard and Airport Road, and it looks awful. And that's a lot of mulch, and it's a lot of dead things. I don't know why they're planting it that way. But then we have the old style from Airport Road to County Barn, and it's lush and beautiful. Now, one of the things nobody's ever mentioned, but I'll tell you our water department has mentioned it. We don't ever use potable water on our median landscaping. We only use irrigation-quality water. And one of the main things and the importance of that is if we don't use that irrigation-quality water on our medians, if they can't use it up -- and our administrator for that department will nod with me. If they don't use it up, they have to put it down a deep-injection well never to be gotten back again. And so then we've just wasted all of that water. So that is something that we do in our planning is to use that irrigation-quality water on these medians. And I just wanted to stress that. To me, there's a way you can get to both, but what we're doing now in all of the new landscaping, no grass, just mulch, and just these -- you know, you have like the junipers, who are all dying, and you have the crown of thorns which look disgusting. And, you know, the farms use plenty of water, and they use freshwater, and we never see anything from that. They don't pay for it, and they don't pay any taxes to us on them. So I would think if we use the irrigation-quality water on our medians, if we plant thoughtfully -- but give it some beauty, give it Page 56 June 28, 2016 some color, because that's what we wanted in the first place. That's what drew all of us here. And I think as they're planning to prepare these designs -- and I'm so happy that they're wanting to do this, although I understand there's a couple objections here. I would love to see the project moving forward because, if we don't start moving forward, we're still going to be in the same shape we're in right now. And we talked about tax money, but this is stuff-- and I was going to have my assistant tell you all this, but it looks like we're talking a little bit too long. Everybody -- I would say everybody in this room voted -- now, I sent out a -- I sent out a questionnaire, would you even be willing to pay $10 a month? It was way over exaggerated, but I just wanted to say, would you even be willing to pay that? And I have to tell you that there were only four votes out of all the hundreds of votes I got back that said no. Everybody else said, yes, we want that beauty back again. And I think that's an important thing because, don't forget, as we look beautiful, as we draw more tourists in, as we have more people buying homes because they like the beauty of the community, as tourism benefits from it, we get tax dollars from that. So, you know, you have to think of all of it. I understand what everybody said, but there's two sides to every coin, and I'm giving you the other side. So with that, I'll let us take a break right now to give our court reporter some time. And I want to thank you from the bottom of my heart, everybody, for being here. I really appreciate it. MR. OCHS: Ten minutes, ma'am? CHAIRMAN FIALA: Yes, sir. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, if you'd please take your seats. Page 57 June 28, 2016 CHAIRMAN FIALA: Thank you very much. Our meeting with resume. And the first thing I wanted to do was just clear up a little bit of statement. We were talking about the MSTUs, right, and the Radio Road MSTU will -- all their landscaping will now be taken care of within this plan, but that doesn't mean all the other MSTUs are going to go that way. Radio Road, yes, because that was in our -- part of our plan originally, but places like Bayshore, Lely Resort, they've got their own MSTU with their own landscaping and their own maintenance, and that will not be formed into this plan. We had never planned to landscape them. If they wanted to landscape, they could adopt to do it themselves. So there are quite a few that are not going to be part of this plan. Only the ones that were in our major plan in the first place, which is Radio Road right now, their landscaping maintenance will then be usurped into ours. Okay. Just so that everybody understands that. Let's see. Where were we? Okay. So we have now made comments. What -- where do we go from here, Leo? MR. OCHS: Well, Commissioners, you have a recommendation to approve the plan that was presented and also to authorize some advanced funding for design work in this fiscal year. Based on some of the comments I've heard from the Board, it appears that there's consensus on the plan as presented in terms of the segments and the funding, but there is some concern about whether we're ready to move forward with advanced design at this point or whether we should defer that till the fall to come back as a staff with some more specific recommendations of best management practices and some other design criteria with regard to installation and maintenance of these new median plantings. I hope that I've captured the essence of the Board's comments. Page 58 June 28, 2016 CHAIRMAN FIALA: I'm just so fearful that we're going to go back to what we've been doing now which was, of course, to save money and to save fertilizer and to save water, and it looks so bad. I'm hoping that we do something a little more -- you know, a little more in tune with the type of community we are. But I understand, I don't have support from this side, but I hope that I have support from this side, you know. I just don't know. But I think we should -- you know, if you want to -- if you want to go back to the drawing board and put together new plans, but I would ask that instead of just talking with one, talk to all of us so that we can each enter our own comments. MR. OCHS: Yes; yes, ma'am. CHAIRMAN FIALA: But I don't know how to do that, because I don't want to hold this program up. I mean, what you guys were doing -- what our staff was doing was putting together a plan so that the design was in place, the money was there to do that right now, and then come October 1st, which is first day of our new budget, the landscaping could begin, and I don't know how long this will hold us up. Any comments? MR. OCHS: Well, obviously it would delay a couple of months if we get this in front of you in September instead of July, but it's not the end of the world. I think I've heard enough concern on the Board that we owe you probably a better recommendation on design criteria so that we have support from a majority of the Board that we know what we're doing is supported. CHAIRMAN FIALA: Use that IQ water, irrigation-quality water. MR. OCHS: Yes, ma'am. That won't change. CHAIRMAN FIALA: Okay. And I hope there's some kind of color to it or something rather than just, you know, stuff that we have. Page 59 June 28, 2016 Anyway, I don't know what to do. Okay. I've got a few speakers. I'm at a loss. But Commissioner Hiller was the first one. COMMISSIONER HILLER: Again, I would support the plan if we could adjust the timing for the North Collier commercial corridors and, again, you know, maybe what we could do is have you come back with maybe an alternative schedule, like, for example, when the road is going to be improved, to do the landscaping at the same time for Airport-Pulling, as an example. With respect to the actual design, there's only a limited amount of design work that's going to be done for the next year. We're not looking to set the design standard for the next five years or 10 years. So I'm not sure why we can't go forward with putting out the request to do design work for those projects that are within the current period, which is the next 12 months, and then defer what the standard is for discussion with respect to the balance of the projects which are on the table. And we could maybe take a hybrid approach so we could get moving on what we know is coming up, and then if we want to tweak, we can take tweak down the road. But I do agree that, you know, holding -- you know, we've discussed this ad nauseam, and I think the time has come where we do need to take action, because there are roads that are deserving of the improvement. So maybe, Commissioner Fiala, if you would be willing, you could put together maybe a hybrid proposal which, you know, contemplates design work for the projects due to come forward in the next 12 months recommending staff come back with alternative design proposals for the period following the 12 months and to consider moving the timetable on the Vanderbilt Airport-Pulling corridors up. CHAIRMAN FIALA: Okay. Now, I know that the staff has put together -- and I love your support. I thank you so much, but they've Page 60 II June 28, 2016 got a certain plan together, and if we start moving one up, then other people are going to want to be moved up as well, and then they're going to say, but you should finish our road or, you know, we're going to have a problem there. What they tried to do is take the roads that were done first that, you know, that we,had to stop landscaping around and put them in place and then just, you know, go in according to the way it was. COMMISSIONER HILLER: Sure. And let me ask that question, because, you know, these roads were actually -- the ones I'm talking about were one of the first roads built. I mean, they were way ahead of the other roads. The only reason that there's been a delay with those roads is because it's intended to expand them and add lanes. So, for example, down Vanderbilt we have a very, very large, wide median. Even though those roads have preexisted the other roads which are on the schedule, but because additional lanes are contemplated, they haven't developed. CHAIRMAN FIALA: Oh, right. COMMISSIONER HILLER: And so what I'm saying is, let's not put heavy landscaping in. I'm not talking about the kind of landscaping you're looking for on the roads which are coming up in the next year for design. I'm suggesting very attractive but limited. Like, you know, you could do the cabbage palm seagrasses just to put something there because, I mean, we literally have massive expanses of median that look very unattractive. CHAIRMAN FIALA: All over the county. COMMISSIONER HILLER: All over, but this is by, like, Mercato and that very commercial corridor. And I'm not talking about a lot. It's a very limited amount. It's not a lot of mileage. CHAIRMAN FIALA: I guess they're going to have to figure out whether they're putting sewer lines down there, whether they're Page 61 June 28, 2016 moving their utility lines, if they're going to be redoing that street, right? COMMISSIONER HILLER: Yeah. What are you planning on doing? MR. OCHS: Go ahead, Nick. MR. CASALANGUIDA: Well, ma'am, for the Airport Road section, we're set to come back this fall to do the widening about halfway up. For the west portion of that, you've widened it to six lanes, and then there's probably maybe a half mile before you get to Goodlette that's not widened. And you'd have to bring irrigation in into the median, and the only concern would be the drainage when you do the ultimate six-lane widening is how much that would be contemplated as well, too. If it's the desire of the Board when we come back with this plan update in the fall, we could look at what it would take on that Airport section north when that's completed and give you guys some options on that when we come back in the fall. COMMISSIONER HILLER: And the Vanderbilt section? MR. OCHS: Well, ma'am, you know, respectfully, it's a zero-sum game. You've got X number of dollars to go into this plan, and you have to prioritize what segments. Our recommendation was first in, first out. If you modify that, then some of those segments that are in the plan in front of you have to slide. COMMISSIONER HILLER: Sure. No, I understand that, and I don't want to see any unfairness. But with respect to the Vanderbilt portion between 41 and Airport-Pulling like by Mercato -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- that corridor. Wasn't that there first? Just -- I mean, I'm not sure about the age of the roads but, I mean, I kind of thought that that was developed long before everything else was. Page 62 June 28, 2016 MR. OCHS: When I say first in, first out, I mean those that are widened to six lanes first that won't be widened any further get their landscaping first. CHAIRMAN FIALA: When they know they're not going to have to tear it up, you mean? MR. OCHS: Yes, yes. In the case of Vanderbilt, it still is contemplated that we'll add lanes to that segment that you're discussing. COMMISSIONER HILLER: When will that happen? MR. CASALANGUIDA: Your LRTP dictates that every year when you do the AUIR/CIE. COMMISSIONER HILLER: Well, I mean, that could be a decade. MR. CASALANGUIDA: Could be a while, ma'am. COMMISSIONER HILLER: It just doesn't make sense then. I mean, not for a commercial corridor like that. CHAIRMAN FIALA: Let's see. We have Commissioner Henning next. COMMISSIONER HENNING: Yeah. It's always been the Board's policy, established policy, it's only arterial roads and only when they are at its maximum capacity, not just six lanes or two lanes or four lane; at its maximum capacity. And it was always the policy during that construction that the infrastructure would be in there, such as, you know, sleeving for water and electric. You know, to change that on the fly is just --just not right. You know, the thought is first in, first out is the fair way to do it; however, delaying it for, you know, a couple months until we come back with the understanding what the best practices is, is prior to the budget season starting. You know, I don't see a problem with that, Commissioner Fiala. The -- and that way the public will know at that time. Page 63 June 28, 2016 But that would gain my support if we can go ahead and adopt what -- staffs recommendations plus the amendment with east of Radio Road, and let's come back in September, October prior to our adoption and tell us what that's going to look like. That would be -- in fact, I'm going to make that motion. COMMISSIONER NANCE: Commissioner Henning, I can -- you know, if you'd let me comment, I could second that with a couple of additions -- specific additions, if you would consider it. COMMISSIONER HENNING: Sure. COMMISSIONER NANCE: It -- everybody needs to realize that because we adopt new technology and we do responsible things and consider our inputs carefully, that doesn't mean that we're going to sacrifice beauty. What that's going to mean is that's going to lend us to be able to have the beauty that everybody wants long term. We've got to update what we're doing. We're living in the past. We can't just throw money at this and -- you're going to continue to get fairly decent results. But, frankly, I'm not impressed with the way our landscapes look compared to the inputs we're putting in there, and the reason is, we haven't done some of the basics well. When they dig down in the ground and they uncover cinderblocks, plaster, road base that was thrown in the medians and stuff like that, how can we expect our plants of any kind to live? We can't expect native plants to live, we can't expect our exotic plants to live. Someone mentioned the Bougainvillea was dying. There's probably a bunch of plaster underneath the ground there it's finally gotten its roots into. So we need to get our fundamentals right. Staff told us they were going to do this. Back in -- when I sent my first handout in April of 2014, they said, yep, we're going to jump on this. We're going to do all these things. It's my expectation that they're going to do what they said -- what we asked them to do in the workshop. Page 64 June 28, 2016 And I will second Commissioner Henning's motion to approve the prioritization, but I want them to go through and look at their median landscape program critically as I've outlined on this handout right here, just do a systematic review, update their horticultural practices, come up with their base level of landscaping as they promised us they would, and then I can support going to design. But I don't want to jump to design before we've made some thoughtful changes. Honestly, ladies and gentlemen, we've had since 2007 to do this, okay. We stopped doing new landscaping in 2007 because we were in the recession like everybody else. So we've had eight years to do this. And for them to come back and say, oh, wait a minute, it's an emergency, come on. Old Tim's not liking that. So, you know, I will second it if we -- if we can get, as promised, staff to go through and update their best-management practices as I've outlined, I will second Commissioner Henning's motion. CHAIRMAN FIALA: Well -- COMMISSIONER HENNING: That was my intent. CHAIRMAN FIALA: I want to know if we already followed some of these guidelines when -- in the landscaping when we tore out all of the stuff that we used to have there, and then we put other stuff in instead, are we following the practices he's suggesting? MS. LULICH: Yes. When we were installing -- MR. OCHS: Identify yourself MS. LULICH: Oh, Pam Lulich, landscape architect. When we -- when we were installing landscapes, we were putting the soil in, we were testing for pH, we were testing the drainage, the infiltration rate so that plants would survive, setting back our irrigation system, you know, far enough from the curb so that it wouldn't be damaged by traffic. Page 65 June 28, 2016 We have -- we actually won an award, an FNGLA award for best-management practices. I think, you know, in order to move forward, I'd like to work closely with you, Commissioner Nance, to find out exactly -- CHAIRMAN FIALA: And me too. MS. LULICH: And with you, too, and with you, I mean, all of you to find out exactly what you're expecting, what the final product is. And I've met with the Rural Landscape Group, and we follow FDOT standards. We can't really change the FDOT standards, but in those sight line areas, perhaps, keep it to ground covers instead of, you know -- CHAIRMAN FIALA: Could you -- COMMISSIONER NANCE: Ma'am, I've -- CHAIRMAN FIALA: Could you tell me -- could you point out to me, not this moment but after we leave here so I can take a look -- when -- what -- I know what areas we've -- that we have here from the 2002 suggestion. I can see them, and they're beautiful. But maybe I don't see, because I don't see many -- much other beauty. Could you show me which parts follow this best-management practices that Commissioner Nance is talking about so I can compare the two and start asking some questions? Because I don't want to follow something and then have it look like what it's looking like now. MS. LULICH: Okay. So -- CHAIRMAN FIALA: I mean, I see the stuff they did over at Marco Island, City of Marco Island, that's awful. It's full of disease and bugs all the time. The stuff is laying there dead and -- you know, and I know that was followed by this plan. But, you know, I don't know how else to do it. So if you could, just afterwards, Pam, let me know where I can go to compare. MS. LULICH: But the intent of advancing the design dollars was Page 66 June 28, 2016 to have a horticulturist, a the landscape architect, work with the community, have a horticultural workshop, and then we have standards in place already. We have a landscaping irrigation handbook. We also have our FDOT standards, but specifically looking at those roadways -- because we have utilities in the roadways, we have issues out there that will prohibit us from putting certain materials in. We may not be able to put a large tree. We may -- you know, we may not be able to put what your expectations are. We may not meet it. So every roadway is very different. So the whole intent was to get these landscape architects, horticulturists. I've spoken to Jack Lieber, who designed Pelican Bay. He's onboard for Immokalee Road. He's willing to help us. I mean, there are many, many really talented people who could help us get there, and that was the intent. It wasn't just to put the landscaping in the way we did before as soon as possible. You know, I'm just -- I'm just trying to find -- you know, find a solution. COMMISSIONER TAYLOR: Ms. Lulich, I think the -- CHAIRMAN FIALA: Let me -- Commissioner Henning is next. Excuse me. COMMISSIONER TAYLOR: All right. COMMISSIONER HENNING: Yeah, I think staff is misunderstanding the intent of the comments. It's about plant material, sustainable plant material. Location, yes. But to jump on what Commissioner Nance said, I watched as Collier Boulevard was widened from former four lanes to six lanes. They put lime-rock in the median. COMMISSIONER NANCE: Commissioner Henning, the current median where it's going to be, that was the northbound lane of the road. COMMISSIONER HENNING: Well -- COMMISSIONER NANCE: Where that median is is one of the Page 67 June 28, 2016 old lanes of the northbound road. And I can tell you, I drove by it going to work, coming back, going to work, coming back. They did not remove that material in there. We're going to be able to plant stuff in there till the cows come home. Unless it's a plastic plant, it's not going to look worth a damn. I'm sorry, it's just not. It can't live there. COMMISSIONER HENNING: Well -- COMMISSIONER NANCE: Nothing can live there. COMMISSIONER HENNING: -- there's challenges, but I'm sure we can overcome and excavate that stuff out. COMMISSIONER NANCE: Sure we can. COMMISSIONER HENNING: It was interesting, a conversation -- same thing happened on Radio Road when they were constructing it. The contractor got paid by the material price. It's a lot cheaper to put fill in than lime-rock. Lime-rock is more, the most expensive back then. I think it still is. So it is what it is, but those are some of the hurdles that we need to deal with. Those are my comments. I'm ready to take action. CHAIRMAN FIALA: Okay. I've got two more speakers, one of them is Commissioner -- oh, Henning. Nance you were -- oh, you were next. COMMISSIONER NANCE: Hiller and Taylor and then Nance. CHAIRMAN FIALA: Well, Taylor -- it was Nance, then Taylor, and now Hiller, but -- is the way I've got my names. COMMISSIONER NANCE: I'm last, ma'am. I just rang in. CHAIRMAN FIALA: Okay. So Taylor. COMMISSIONER TAYLOR: Okay. Ms. Lulich, I think the issue is -- and I can understand your confusion because you do have a lot of regulations you have to find in FDOT. I think what we -- what the issue is is to lay the framework to understand to give this commission the confidence that plantings in these medians are following a specific process by which you realize Page 68 June 28, 2016 and address what is on the ground because, frankly, you can't build a house on sand. You've got to build a house and have a strong foundation. And without that, nothing happens. And then the second, what you put in follows the University of Florida best practices, to minimize watering, minimize fertilizing but at the same time provide very, very attractive plantings. And I think once we get over that hurdle, I think then we know that's the framework going forward, and we can do it. But to pick a plant here and a plant here which is -- I'm not saying you're doing, but it's a problem. It's not going to work. So I respect your concern. I know that you've had very exciting meetings with different landscape architects. I know that there's been a lot of emotion on it, but, you know, we have the University -- thank gosh, we have the University of Florida and their best practices. Boy, hold that close because they know about Florida, and they know how to make things grow and have them last. So thank you. CHAIRMAN FIALA: I saw Mike McGee back there and, you know, he knows all about landscaping because he's done many of our medians, and so are you saying that he doesn't follow -- I mean, maybe he didn't follow University of Florida. Maybe he has other things that he adds to it and does it, who knows. But I would hope that you would think that not only the University of Florida plan has to be followed, but other landscape architect as well. COMMISSIONER TAYLOR: It's best practices. It's the best practices for the Florida climate, for the Florida grounds for the -- CHAIRMAN FIALA: I know that. But you're saying -- I understand that. That's what I'm saying is, our landscape architects can do this. That's who she's going to be working with. COMMISSIONER TAYLOR: Not all landscape architects would follow necessarily best practices. CHAIRMAN FIALA: We're not going to argue about that now. Page 69 June 28, 2016 And I know that she has to work around -- when they have -- a lot of times I've asked Pam about the trees and so forth. You can't put these trees there, she'll say, because there's already a sewer line going there. You can't plant trees on top of the sewer line, or you've got utilities there. So there's a lot of things that go into what you can and cannot put into this thing. Commissioner Hiller? COMMISSIONER HILLER: Thank you. For the time I've sat on this board, we've had a number of workshops on this. And I recall that we had a workshop where we -- it was either a workshop or a board meeting -- where you presented the various levels of landscaping that a median could support and the various levels of costing. I mean, I believe what this board is asking for has already been done by your staff and has already been presented. I don't believe it would take too much to, you know, bring it forward again, and maybe we don't have to wait till September. Maybe we could just do it at the next board meeting because my recollection is it's already on paper. MS. LULICH: If you're referring to the original master plan -- COMMISSIONER HILLER: When you came forward, we had one meeting where you presented, you know, various designs and various level of designs because there was a discussion that the Board had of, you know, contemplating different standards of landscaping depending on whether it was, like, in a -- you know, closer to a residential community or a tourism community, as the case may be. And, I mean, I vividly remember you presenting all the -- you know, the alternative compositions. MS. LULICH: Yeah. There have been so many variations. I would probably need to go over it again, you know, discuss it with everybody -- COMMISSIONER HILLER: I mean, you know, if it's the pleasure of the Board to come back in September, that's fme. I mean, I Page 70 June 28, 2016 don't see that it's going to make a material difference or if we're, you know, talking about coming back in two weeks, you know, I'll -- either way is fine with me. I just do agree with -- CHAIRMAN FIALA: And then how much -- COMMISSIONER HILLER: -- Commissioner Fiala that we do need to make a decision and move forward and, you know, start getting things done. CHAIRMAN FIALA: And, Pam, you've done an outstanding job, and I think you've chosen the finest people to work with, and I trust you a lot. I think that -- you know, this has nothing to do with how well you've done your job. Other people are weighing in on their opinions. So Commissioner Nance? COMMISSIONER NANCE: Yes. I -- ma'am, I just -- I would just like you to go through the specific lists that I've provided to you repeatedly and take action on them. And, ladies and gentlemen in the audience, if you'd like to know the sort of stuff that's in here are comments like this -- I did not advocate for any specific plants. I did not advocate for native plants. I advocated for tough plants that still look good, but these are the sorts of comments that I've provided to staff: Avoid planting of trees too close to roads and sidewalks. For proper canopy development due to vehicular traffic -- how many of you have seen a tree planted right next to the road where they have to cut the tree halfway out and let the truck go through? Who wants to do that? That's crazy. Provide -- it's going to produce damage to roads and curbs and lifting of sidewalks. Avoid plantings in the public right-of-way in front of commercial centers that already have Land Development Code required landscaping and block commercial signs. We still are doing that, okay. We've got it out there. I can take you to the places. Improve fertilizer selection using environmentally friendly Page 71 June 28, 2016 nutrientsources sou ces and advanced fertilizers based on time and rate of release, not time of application. Utilize high-tech time-released coated fertilizer materials. These are all sorts of things that we need to consider going forward. It's going to produce the best results. I'm not saying that we need to go to ugly. I'm saying we need to go to the best technology that anybody can offer. Don't we deserve that? I think we do. And we're going to have the best landscapes. And there's no reason to get in a big hurry to run out where -- I expect over the next 20 years this next 51 miles is going to be landscaped. Everybody wants it. I support it. Just to do that and maintain what we've got now without doing any improvement to what we've got now is going to cost us $150 million. Don't you want to spend that money wisely? I certainly do, because I know you're going to be satisfied with the results, and I know you're going to be proud of the way it's being done. That's all I'm saying. So I would like -- once again, I'd like staff to get going on updating all their best-management practices, address these issues, and then I'd be happy to support us going to design. In the meantime, you can start talking to the communities about what they'd like. I'm all in favor of that. CHAIRMAN FIALA: Can you show me where some of the landscape adheres to all you've just said; there's got to be someplace. COMMISSIONER NANCE: No. I'm asking them not to do some things they're doing now. CHAIRMAN FIALA: Yes, but I'm saying where is an example of that you want them to do on the roads right now? COMMISSIONER NANCE: Nowhere. CHAIRMAN FIALA: Okay. So there's nothing there? COMMISSIONER NANCE: No, no, no. There's good things, but there's problems. I'm trying to keep the good things and solve the Page 72 June 28, 2016 problems to produce a better result and save money. I'm not advocating that we go to ugly landscaping, ma'am. That was my profession. Go to the Vineyards, and you ride around the Vineyards. If you think the Vineyards is ugly, come back and tell me. I did it all. CHAIRMAN FIALA: Yeah, but they're beautiful there. They have grass in there, too. COMMISSIONER NANCE: Oh, I know. CHAIRMAN FIALA: And they have beautiful plantings and -- COMMISSIONER NANCE: I know. CHAIRMAN FIALA: -- and beautiful flowers. COMMISSIONER NANCE: And when I was young and foolish, I did some serial bad things, too. But what I'm saying is, we've got to change some of our evil ways so we can all live in paradise and keep it happy and not have Naples Bay turn green. So this all can be done. And the university can help us do that. They know how, and they're dedicated to it all the time. We just need to become dedicated to that same methodology. CHAIRMAN FIALA: So we have to follow the University of Florida? COMMISSIONER NANCE: No, just -- no, just consider it because there's some good things in there that we don't do. We just haven't done it. We haven't made it our business to -- you know, look at some of the things that go way back. And some of them are included in my suggestions. So I'm ready to call the question. CHAIRMAN FIALA: Go ahead. Call it. What is the -- what is the motion? COMMISSIONER NANCE: Commissioner Henning? COMMISSIONER HENNING: The motion is to accept staffs recommendations with the modifications of east of Radio Road and Page 73 June 28, 2016 bring back the best-management practices as Commissioner Nance outlined, and the understanding -- it will come back at prior to budget, the new budget. That's important. Because it will meet Commissioner Fiala's goal to get this going again for the budget in 2016/17. That's my motion. CHAIRMAN FIALA: That is my goal. I don't know how much longer we're going to have to be held up because of this. COMMISSIONER HILLER: You know, if I may say one thing? CHAIRMAN FIALA: So do I have a second first? COMMISSIONER NANCE: Yes, second. CHAIRMAN FIALA: Okay. I've got a motion and a second. COMMISSIONER TAYLOR: Call the question. COMMISSIONER HILLER: Commissioner Fiala, you need to remember that, you know, three of us are not going to be on the Board. It will be you and Commissioner Taylor. So we'll, you know, vote the way we're voting today, and then when you have a new board, you can always reevaluate what's presented, just like we've reevaluated this I don't know how many times for as long as I've sat on the Board. COMMISSIONER TAYLOR: Point of order. The question's been called. CHAIRMAN FIALA: Well, I've asked for questions from everybody, so that's what I'm saying, you know, are there any comments on this. She was giving me one. You have none. Nobody has any? Okay. The motion is on the floor and a second. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? Me. Thank you. Page 74 June 28, 2016 I'm sorry that we have to hold it up. Item #11A THE COLLIER COUNTY SPORTS MARKET AND NEEDS ASSESSMENT ANALYSIS AND DIRECT THE COUNTY MANAGER OR HIS DESIGNEE TO PROCEED WITH FEASIBILITY STUDIES FOR THE LOCATIONS THE BOARD MAY WISH TO CONSIDER FOR EXPANDED SPORTS FACILITIES AND MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM - MOTION TO ACCEPT STAFF RECOMMENDATIONS WITH ADDITIONAL COMMUNITY INVOLVEMENT AND INPUT — APPROVED MR. OCHS: Madam Chair, that takes us to Item 1 l A on your agenda, and that is a recommendation to accept the Collier County Sports Market and Needs Assessment Analysis and direct the County Manager to proceed with feasibility studies for the locations that the Board may wish to consider. Mr. Wert, your tourism division director, will begin the presentation. MR. WERT: Thank you, Mr. Ochs and County Commission. Good morning. Jack Wert, your tourism director, for the record. As County Manager indicated, we are here this morning to present to you the results of our facilities needs study, and I'll pull this up here. What we have asked today is for our hundreds -- Hunden Strategic Partners, who have prepared this study for us, to come in and give you an overview of the study and where the -- their recommendations go. And I think they're all here. Yes. Very good. First of all, we have Rob Hunden, obviously head of the firm Page 75 June 28, 2016 Hunden Strategic Partners. We also have Ethan Olson and Mike Mallay (phonetic) as part the team who helped put this project together for us. Just a final note, as we are going through the presentation, as Commissioner Hiller suggested this morning and I believe you-all agreed, we will be not asking you to include the North Collier Regional Park expansion as part of ongoing -- this will be in their presentation, but we -- we're not asking you to look at that particular location at this time but to consider the others, and we will then follow up with those meetings, as we indicated, with the Parks and Rec Advisory Board and the residents and other interested parties as well. So without further ado, Rob Hunden is coming forward and will begin our presentation. Thank you. MR. HUNDEN: Thank you, sir. Good morning, Commissioners. We're happy to be here. Again, my name is Rob Hunden, owner and president of the firm. I have Ethan Olson, senior project director, that was spending quite a bit of time on this project, and he'll be speaking as well, and we also have part of our team, Mike Mallay, who's an expert on governance and management of these once you start to get into the actual development and operation. So just to make sure I do this correctly, am I clicking on the right side to advance it? MR. WERT: Left side. MR. HUNDEN: On the left side. Okay, got it. Perfect, okay. We got it. So here's the -- I want to set the framework, because I think once people sort of absorb the idea that, hey, this idea has some sense to it, they immediately start going into the, okay, what do we do next? Where's it going to go? How much is it going to cost? And I think the initial purpose of this study was to really identify Page 76 it June 28, 2016 whether or not the supply and demand forces exist to support this development. Does it make sense for economic and tourism development and those sorts of things? So that's really where we want to focus much of our time. The future phases of your work associated with this process and project will be looking at sites, will be talking about budgets, will be doing those sorts of things. So in terms of setting the framework, I want to make sure we sort of stay focused on that, and I will say we are not going to be rushed today necessarily but, unfortunately, we do have to leave in about an hour to go to our flight. So I know we have a number of speakers, so I'm going to move expeditiously through our slides and get you where you need to be. So the key questions that we were tasked with answering, what is the existing local and regional sports supply mix? Are there gaps in the current supply of fields, courts, and other sports facilities? What is the local demand? What is the regional demand? What is the tournament demand for a tournament-based sports project? How does that sort of intermingle with what you've already got going? What about your hotel package and also seasonality? In seasonal markets like you have, that plays a big role, but so does price point, whether it's the type of hotel or the type of season and what that does to your price point. What do we recommend and how will that perform and how much will it likely cost? So what are the headlines? So big picture, I'm going to keep it really simple. You've got a lot of demand and not a lot of supply. And the quality of that demand, unlike many -- we work all around the country, and, you know, this is a big trend for many communities looking for economic and tourism development, and some places just aren't suited for it. They're not centrally located. They're not places Page 77 June 28, 2016 that people want to be or they can't get to easily. That's not necessarily the case here. People want to be here. The seasonality is great relative to the rest of the country, so you have a lot of people that want to come to Florida in general, but even state and local and regional, that make this an opportune marketplace. So you're in a very good position. The quality of those tournaments and the price points that they can often pay are also relatively strong. Unfortunately -- and you've got some great facilities, but there aren't enough of them and, essentially, they're being completely booked. The calendar is really tough to sort of pry open to fit in those impactful events that could generate even more hotel room nights and spending in the community. And one of the other things that's pretty interesting is that the types of hotels that you have are -- you have a -- most communities struggle trying to get more nice hotels. You have a lot of nice hotels. Sometimes tournaments like more of the select service branded hotels like a Hampton Inn or a Hilton Garden Inn, and those are not as plentiful and maybe nearby a lot of those locations as we would like to see in an optimal environment. But what these tournaments -- if they are induced and allowed to come to the area, they can really help your lower seasonality like in the hot summer months where a lot of the other snowbirds have gone away. They can come in and help generate some additional tax revenue. In terms of the recommended package, there is actually quite a bit strong demand for outdoor fields but also closely followed by indoor courts; however, what our recommendation is is that you don't do them all at once. Start with the first phase of what's the most in demand, which is the outdoor fields, and then start planning, master planning for Phase 2 of indoor. In terms of purely from a market-and-cost efficiency perspective, Page 78 June 28, 2016 I know that there's been a lot of focus on sites. And, again, we don't want to get necessarily bogged down in that per se today, but when we looked at the sites, we had looked at expansion of North Collier as one logical option but, obviously, there are other issues that play with that, so that may be off the table. But in terms of looking for what's the most efficient use of funds and leveraging what you already have, that jumped out at us. We also looked at local facilities. I'm going to have Ethan Olson sort of take you through some of the look at the local and regional facilities to sort of show you where you stand today in terms of supply and demand and quality. MR. OLSON: Good morning. So, yeah, we -- part of the analysis we looked at the local facilities to understand who's using them, how often are they being used. And as you can see from the map, you know, you have facilities kind of spread throughout; however, that are few facilities that are really big enough to host those impactful events. Basically, they're not -- they're accommodating local use. They're not big enough to really get the attraction for -- to pull a team from outside the area to make the trip. And a lot of it's just basically a numbers game. And then -- but, however, there are current investments or planned -- plans to enhance the existing facilities as well as to build a new one, such as the Big Corkscrew Island Regional Park up in the northeast part of the county. So there are things moving forward, which is great to see to help accommodate the local demand. And what we have found is that the local demand is actually so robust that it's filling up the calendar for these events. And so if you're trying to bring in tournaments and other events like that, those typically want the weekends. And so if there's minimal availability on the weekends, it's really tough to bring those in, and those events are typically looking for Page 79 June 28, 2016 specific weekends throughout the year. Looking at the regional dynamic here, you've got a lot of facilities up, kind of, in the Bradenton and the Tampa area, and then also on the eastern coast in Ft. Lauderdale up, kind of Miami, Jupiter. And the interesting thing with Florida is that you have spring training baseball that kind of plays a big part in the athletic complex dynamic here in Southern Florida and Central Florida, but there are several regional facilities that offer compelling competition. As Rob mentioned, a lot of communities throughout the country are looking at this in the fact that you're in a warmer climate. You know, people from the north are gravitating down here just because you have fewer, basically, bad months, and those shoulder months where it's -- are extended. So your playing season is a lot longer. Most are located, as I mentioned, on the southeast coast or west coast of the state. And the takeaways from the supply, groups for indoor and outdoor sports are highly motivated to program a new facility, so we heard through all the interviews and conversations that, you know, more -- more would help accommodate, would help them grow their organizations, as well as they'd be able to put on more events. As we mentioned, outdoor sports. The softball, baseball, soccer, those were the sports that we saw to have the greatest need in the community. And so what's happening is lack of space creates a team cap. What that means, their teams are being capped, or the events are capping the number of teams that can enter just because there aren't enough facilities to accommodate larger events. Collier County does not meet event organizers facility expectations, meaning, A, there aren't enough fields for them to program their events, and they're also looking at more and more amenities. They want single-site facilities. So North Collier is a prime location for the groups to hold events now; however, if their events are Page 80 June 28, 2016 bigger, now they've got to look at two, three, four events, and that just makes it more difficult for them to host their events logistically, and then if there are any issues with the fields, where do they put the team? So that's a challenge. Additional supply would make the pie bigger for Collier and Southwest Florida. And what we have found is that Lee County actually uses Collier County facilities as well for events. So that overflow -- Collier's actually capturing some overflow demand from Lee County. Indoor facilities tend to compete with inexpensive school facilities. Schools are limiting the availability for their own use. So they're making sure that their own programs are being accommodated before they start letting outside groups use those. And so that's kind of the challenge that we saw with indoor sports is, you know, trying to develop a new facility, you're going to be competing with more inexpensive options. And as what we found, too, talking with parks and rec, is that their programs are primary users for indoor facilities in the market. And so what this slide is really showing is just an overview of the supply facilities for -- by sport and by whether it's indoor or outdoor. And as you can see from the supply facilities locally, there's a low amount statewide. You see a higher amount when it comes to soccer, baseball, softball. And there's a medium -- we kind of referenced the pickleball's a medium supply. We have seen that Collier has really taken the initiative to develop and build pickleball facilities and really create a niche for itself. And there are communities across the country that have really found to be successful by focusing on specific sports or markets that they can really hone in and be the destination for that sport. And we've found that pickleball is moving in that direction here in Collier County. Page 81 June 28, 2016 Participation levels, as you can see, it's high across the board for almost every sport. Lacrosse is a growing sport, so it's a medium right now, but that's trending up. As I mentioned, athletic facilities is low. You know, the traditional sports are high, but as those grassroots sports that we mentioned, pickleball, lacrosse, and other sports include -- rugby and field hockey are growing sports. The next slide shows user-group demand. So local users, as we've kind of stated, there's a high -- high use across local users as well as league. Tournaments, it's a little mix just partly because of the challenge with the facility needs. And as you can see on the right side of the table, we've got a high -- high need for indoor as well as the outdoor sports that we've kind of mentioned. All local use is being programmed -- or all the local use program goes through the parks and rec department for use of facilities. The tournament demand is growing, particularly baseball, basketball, and pickleball. And pickleball, you just held the U.S. national championships here in the last month or two. And outdoor a higher priority and, as we mentioned,indoor is very close. And indoor typically is a more difficult and expensive business model to operate. And so looking at the Collier County events, you can see that the number of events that are being held in Collier County is increasing. And the average days over their events, 2.7 days, so that's a good number. That's multiple nights, room nights. And in 2016 the number of events are actually increasing -- or the days of the events is increasing to approximately almost nearly three and a half. And so of the 28 total annual events -- so there are 28 events that are coming here on an annual basis, and those -- and a handful of those are growing, looking for more space, improved facilities, whether it's a championship venue -- but 11 of those are events that are coming from Page 82 June 28, 2016 Fort Myers. And, you know, as we mentioned in talking with Jack, that it's critical to maintain that relationship and partnership with Lee County. And, you know, I think right now it's a very collaborative partnership. And seeing that continue would be great. The Vineyards Community Park is the most utilized; however, North Collier Regional Park and Golden Gate are the two other facilities that are being highly utilized. And what we have also heard, too, is that these are getting so much use that it's really straining the fields. The fields do need time to rest so that they're just not worn down to dirt. And so, again, that is pushing and shifting demand to other facilities and potentially outside the community. And ultimately the takeaways for the demand, the lack of large facilities is limiting event size, attendance, and eventually the impact in the community. Many sports are -- sports teams are leaving the area to participate in competitive events, so that's where there's some leakage occurring here. Community parks are, for local rentals, in parks and rec. Some out-of-town rentals are occurring but not a whole lot. And as I mentioned North Collier is the primary venue for tournaments. It's kind of the crown jewel here in Collier County. And events that are -- that have outgrown North Collier or are just too big for it are being dispersed to other parks, and that just is, again, a challenge for these events. Non-profit groups are running leagues through parks and rec, and we've provided some examples. And as I mentioned, the pickleball is getting the investment. And, you know, even use such as practice and games, organizations are just using open fields. That's the extent that the demand is getting. But looking at the tournament market and what's occurring not only locally and in Florida but nationally, the tournament market is getting more and more competitive. As Rob mentioned, more Page 83 June 28, 2016 communities are looking at this as a way to drive economic impact in their communities. One-site venues are becoming the norm, and they want those venues to be within close proximity to their hotels, restaurants, retail, entertainment, because these attendees need something to do when they're not competing, and that's where the retail, the restaurants, and the entertainment are critical components to this overall sports and hospitality package that Collier actually does have. Successful facilities are programming tournaments and events almost every weekend. While local use such as practice, games, leagues are being programmed during the week. So -- and that's where the community also needs to make -- ultimately make a decision between the tourism and local use of what's that balance. And a lot of times, any of those weekends that open up, that can be programmed with local use. Tenants and user groups are key to baseline support in establishing a credible reputation. Those are the groups that are going to be champions for the facility. They're the ones that are competing outside the community, talking about their own community, talking about their own facilities, and attracting other groups to come and play in their events. Higher -- high levels of tournament competition attracts greater interest from out-of-state teams. And really what that means is there are so many facilities out there, now teams are starting to also look at the competition level. They want to play against the toughest teams, the best teams so that they've got the college recruiters there. You know, they're getting exposure to recruiters, the colleges, whoever. And so that's why it's not just about the facility anymore. It's not just about the number of fields. It's also the quality. So that's where the tenants, who's operating the facility, plays a critical part in the equations. Page 84 June 28, 2016 And there have been organizations that expressed that they have interest in relocating to a new facility here or expanding their current events or even creating more. So they're a demand across the board here. Looking -- part of analysis, we looked at comparable facilities across the country. Anything from -- with soccer and baseball and softball. So this is just a summary of some of those ranging from the Midwest to the West Coast and, obviously, here in Florida. This is just -- these are just some examples to show kind of a layout of some of the single-sport facilities. Multi-sport facilities, Westfield, Indiana, recently opened in 2014. They are making now investments for indoor facilities and event facilities as later phases in their overall project. In Orlando you've got the ESPN Wild World of Sports, which I think a lot of folks are familiar with. And then projects underway there are some projects in -- one big one in Irvine, California. There is one just outside of Atlanta that is -- has some big hopes and dreams, but they are facing some challenges, and then also in Houma, which is just south of the New Orleans area. So really just an overview of these facilities. A lot of these are known as category killers, so they really have focused on being good and being good at one sport, and this is kind of what comes back to the whole pickleball conversation. Fewer large-scale multi-sport facilities just because of, again, space is always an issue, budget constraints. They're not necessarily cheap developments to build. And a lot of these established facilities are partnering with national governing bodies to secure regional and national events or even housing headquarters for -- whether it's the state association or even large local groups, but they're looking at other ways to help generate revenue for the facility. And some of these facilities have established themselves as Page 85 June 28, 2016 annual host sites. And, again, that's great, and that's what we want to see are events that can continually be accommodated here on an annual basis and that like the market. And these facilities as well are looking at expansion to remain competitive and remain ahead of the curve. So the facility up in Blain, Minnesota, is adding -- they're looking at adding another 20 fields, which would bring their field count to close to 72 soccer fields. ESPN Wild World of Sports has just announced in the last few months that they're going to be building an indoor facility of 286,000 square feet, and then the management of these facilities varies from authorities to ESPN Wild World of Sports as privately owned and operated. Some have -- and that kind of brings me to the next slide where you've got parks and recreation, private non-profit, public-private partnerships, and even private for-profit, and then kind of another one that's kind of a blend in there is a -- more of an authority that just adds another layer between the operator and government. So there are several ways to manage these facilities. We just recommend that it would be in a more entrepreneurial fashion to help drive revenues versus just simply maintaining. And then also we looked at the hotel market overview for the facility. And as Rob mentioned, the market has a lot of luxury and higher quality hotels. And the seasonality of tourism versus tournaments is and will continue to be an issue as Rob kind of outlined earlier in the conversation. There's an even distribution between the market classes. So, again, events are also looking at options, right? They want a variety of quality. They want a variety of price points so they can appeal to as many visitor and attendees as possible. But from a sport's perspective, hotels that have the free breakfast and the double, double rooms are preferred for their events just because they may be, you know, housing four to -- plus in a room, so it can get a little cozy. Page 86 June 28, 2016 There are 11 hotels -- 11 hotels room (sic) added between 1999 and 2002 since. But looking at the hotel market overview, between January and April are kind of when the prime months are, and I think Rob can take it from here. MR. HUNDEN: Yeah. You know, I always have my favorite parts. And I appreciate all the commentary, and I also want to give Mike a chance to talk about governance, which we can get to, I think, in the recommendations a little bit. But one of the things that you have is high seasonality, as you know. There's a huge compression during the winter and spring months, and yet you've got to fill your hotels, and you've got to create economic impact and development throughout the year. And it's probably smarter to sort of have it be as consistent as possible instead of sort of a rollercoaster, because it makes for better planning and more consistent job formation and creation and support. And so as you look here, I call this the heat map or heat chart for hotel occupancy. And so red is -- so each one of these cells is an average of four days throughout the year. So if we look at Thursdays in February, the average occupancy of those Thursdays was 91.9 percent. You're definitely, what we say, compressing demand out beyond your borders to somewhere else. And so you're already pretty packed during those months, as you can tell. And it's, you know, almost 90 percent through all of February and then into March, and then -- but then the rest of the year, May through December, essentially, you're still open for business and you need to fill those rooms. And so tournaments and certainly during the summer is a great time for tournaments because kids are out of school, and also during holidays weekends throughout the year. And so there's a real opportunity to compress and recapture some of that demand. You know, it was interesting when Ethan was showing you the Page 87 June 28, 2016 number of events that are held here, and currently it's your crown jewel, North Collier Regional Park. You've pretty much maxed out. And over time, your community's growing, your county's growing, the area is growing and, really, you sort of have hit a ceiling. And so, to the extent that demand wants to be here, it's just getting pushed elsewhere, and so you're just -- we hate the term "leakage" because it -- I just hate the term, but it's negative, too, in terms of economic impact. And so, really, unless and until you develop new high-quality facilities, that demand will continue to sort of be pressed out. This is a heat chart for rate for the competitive set of hotels, and you can see there that, certainly, this is a huge story, and I think of all of the studies we do as trying to tell a story. And your story is, you know, sort of not dissimilar from a study we did near New Orleans not too long ago. There are great times for hotels, but that also means that they get expensive. So the very time that hotels are really expensive and compressed, those are not the times you're going to get families with kids who are going to tournaments every other weekend and barely scraping enough money to get to those things and share four to a room at a Hampton Inn. It's going to be hard to justify $300 a night room rates and get those. And so, again, I think the story is how do we -- how do we create something that accommodates and attracts groups and tournaments that are coming to a great high-quality environment like Collier County but doing it at times of year where your hoteliers want them just as much as the tournaments want to be here, and that's those other eight to nine months a year. So for the recommendations -- and I'd like to have Mike and Ethan come up. We're really looking at really sort of an eight and eight multi-purpose fields and ballfields, outdoor complex first, then a second phase of indoor consideration. And really, in terms of the site, we're starting to look at sites that are 60-plus acres. You really want to Page 88 June 28, 2016 consider sites that can be expandable over time. And also, the whole "if you build it, will they come?" not necessarily true anymore. As we discussed, the market's getting much more intense and competitive. It's becoming more sophisticated. Reputation is big, and we are working in communities where folks that manage facilities maybe haven't been as hospitable or haven't had their act together as much, and they have turned off forever big tournaments and opportunities that have come their way. So I think one of the real values of having Mike on the team and sort of serving him up to you as the potential person to talk with in future months is how do you set this up for success going forward, not to just build the bricks and sticks, all of that, but actually make sure it's run right. So, Mike, can you just say a few words about kind of the keys to success and things to avoid. MR. MALLAY: Sure. So as the senior member with the most gray hair on the team, I can tell you that sports has changed since I grew up. We all played three sports and left one sport to go to the other; that world's well behind us. What that really means is that communities must be much more strategic and surgical than operational and reactionary. I think Collier County's done a great job of positioning itself. How do you continue to remain competitive, make sure you continue to keep that market share that you're looking at? And that really gets down into two things: Making sure you've got the right facilities and making sure you have the right operational model and organizational structure to do that. So as time goes on, as you finally decide on where you want to put appropriate money into facility development, I will tell you that there are a variety of different opportunities out there whether you stay with -- continue a parks-and-rec model of doing it. There are Page 89 June 28, 2016 third-party organizations now that actually come in and do this, much like stadium and arenas across the country. There's a balance there. I think the one that you've got to be really thoughtful of is these are your citizens that are here. These are their -- this is their taxpayer money that's going to use. You've got to make sure you balance that appropriately so that -- that tourism model with what's important for Billy and Suzie is really, really important, so I would tell you that you've got to think about that. But as long as you're out there thinking about how do we grow market share and increase and partner with, say, Lee County, I think there's some really different -- there are models out there, but I just, you know, want to make sure you got that there are models out there that work very, very well. But as Rob said, it is so much more competitive than we ever thought. I spent 20 years at ESPN Wild World Sports and watched the landscape change in front of my eyes in all sports, and there are a lot of cities who are spending money I'm not sure they should. I will tell you you guys are way ahead of the curve in terms of you've already got a great reputation, you've got some great facilities. It's just how do you complement them and add to them. So that's my time. Thank you. MR. OLSON: Yeah. So kind of outlining the recommendations Rob mentioned, eight multipurpose fields, official turf would be ideal just because you can maximize usage. It minimizes some of the inclement weather; if you're getting a lot of rain, you know, you can still kind of play through that. Obviously, a site that can allow for expansion in -- future expansion. As we mentioned, North Collier, just from a market standpoint in the infrastructure that's already built up there, just looked at -- as an ideal situation, but we know that there are other factors to consider. Page 90 June 28, 2016 Other recommendations: Lights; again, that extends the amount of hours that you can program on these facilities. So lights are recommended. And, again, those are what -- that's one of the things tournament organizers are getting pickier and pickier about that they want lights so that they can maximize their events and the number of teams that they can program. Parking; parking is typically a challenge for most events. So really a rule of thumb that we kind of go by is about 100 cars per field. So based on what we've recommended, it would be about 2,400 spaces to about, approximately, 24 acres of parking. Some of the amenities; obviously, you want to have concessions, restrooms, changing rooms. So we're seeing kind of an ebb and flow between do you do locker rooms? Do you do changing rooms? If you do more of changing rooms, then you can program those. So if you have, you know, an all-girls tournament, you can use all the facilities versus kind of cordoning off just the men's. Multipurpose space for offices or event headquarters. Storage space is always critical. Wi-Fi (sic) events are always looking for Wi-Fi to, you know, post their scores and other alerts and announcements. Spaces are vendors, awards, food trucks, et cetera. And then as we mentioned with governance and management, it's recommended that there be management that's very proactive, that has experience in securing and executing events of all sizes. Marketing events as well. And also it's a relationship business, just like most businesses in the industries are. So having relationships and partnerships throughout the industry is critical as well. So getting into the site analysis -- so as Rob mentioned, we looked at sites that were one-owner tracts of land; however, you know, there are other potential sites or areas that may be owned by membership owners but could be combined to reach that 60-plus Page 91 June 28, 2016 threshold. But right now we just did our assessments of single-owned tracts of 60 acres or more. And some of the factors that we look at are urban issues. You've got transportation issues. Site factors, obviously cost, and then proximity to nodes, you know, hotel nodes, F and B, other entertainment. COMMISSIONER TAYLOR: What's F and B? MR. OLSON: Food and beverage, sorry. COMMISSIONER TAYLOR: Thank you. MR. OLSON: And then we've just provided a couple examples of some of the multiple-owner tracts that we were aware of and identified. So these are -- this is the list of facilities -- or of sites that were approximately 60 acres and greater. But overall we looked at approximately 28 sites. This is going to be very difficult to read. So we've got about six sites here that we really assessed. The first table just shows -- is in order based off of the estimated time for a development. So some sites are more primed right currently for development while others may make sense, but it could be 10-plus years before they're actually ready to go for development. So that's how the first table is organized. The second table is based off of the proximity to nodes -- the hotel nodes and F and B, or food and beverage. So some of them are within a couple miles, which is great. Others are, you know, 11-and-a-half miles plus. But as population growth occurs and development occurs in the county, I'm sure that those metrics will probably change. This is just a map showing the sites that we assessed. It's the six sites. And then just going through these sites, what we're showing here are just tests. This is just saying, hey, the recommended facilities could potentially fit here with some parking. That's all that these are Page 92 June 28, 2016 showing. These aren't any recommended sites or anything. So we were just identifying to see if-- or looking to see if these could actually fit. So this is just an I-75 county tract. This shows an actual, kind of, drawing of a full buildout with potential expansion of another eight fields on that site. Then we've got the North Collier that just shows a full expansion. This one just shows a more modest expansion of North Collier to help leverage what the current facilities are there. This is a -- these are -- we've got two examples here that show -- I think I might have passed by two other ones. This is the City Gate site. But then we've got two examples of the multiple-owner sites. This is Minto school board site. It's approximately 60 acres, two miles east of U.S. 41 and Old 41 road intersection. And then the second site is at Magnolia Pond Drive. It's approximately 89 if you were to combine both of those sites that were outlined, and that is located on the northwest corner of I-75 and Collier Boulevard. And then just some examples. Just to show some overlay, because what we see across the country, you'll see communities put, like, a soccer field on the outfield of a baseball diamond to try to maximize space and maximize usage. You may run into some issues of usage, but these are just some examples of how those fields look. So a little bit rectangular. You've got the diamond in one corner, and then the field. The ESPN Wild World of Sports has done this on four of their fields, and then Wheeling just shows a -- that actually shows a football and a soccer field in an outfield of an artificial turf complex. One of the recommendations is we suggest that one of the fields be programmed for -- or could be programmed as a championship designated facility. So it may have a little bit extra space around it or Page 93 June 28, 2016 berms around some of the sides to create more of a championship atmosphere and that it could also be programmed with portable seating. So if there is a big event that comes, that you can put portable seating for -- you know, it could be a couple thousand people. So one example -- it may be a little hard to see, but in National Sports Center they've got berms on each side where the sidewalks are. WakeMed Sports Park has the same thing; Cary, North Carolina, as you can see. They've got some berms and bleacher seating. And then ESPN Wide World of Sports actually did this for one of their fields when the Orlando team was playing there. And I think as their -- COMMISSIONER HENNING: Excuse me. Madam Chair, we're at lunch break. I don't know how we're going to proceed. This presentation is longer than -- and I know that we've got public speakers. How are we going to handle all this? CHAIRMAN FIALA: We're going to -- they have to leave town, so we're going to hear them till their end. COMMISSIONER HENNING: How long -- what's left? How much more? MR. HUNDEN: We've got about two slides left. So here we have the -- COMMISSIONER HENNING: Okay. MR. HUNDEN: -- projection of events by type and, of course, then the financial projections just showing the revenues and expenses. And then we did a whole economic fiscal and employment impact analysis to show over 20 years based on the recommended scenario what the positive impacts would be, which include 412 supported full-time equivalent jobs. Serious amount of new TDT (sic) revenue, 5.3 million. And then we got into a little bit of funding and potential partnerships, which there are many options for partnerships out there that we can certainly go into. Page 94 June 28, 2016 And you have -- you'll be provided all this detail in the report, obviously. And then that is -- that is the end of the presentation. So we appreciate the time constraints. And so however you want to proceed, we have a little bit of time. CHAIRMAN FIALA: Okay, thank you. I'd first like to ask how many speakers we have. MR. MILLER: Ma'am, I have 10 registered speakers for this item. CHAIRMAN FIALA: Okay. We should start with our speakers first. Let me ask you, do you need a break, or can you -- THE COURT REPORTER: I'm okay. CHAIRMAN FIALA: You're okay. Are you sure? THE COURT REPORTER: Yes. COMMISSIONER TAYLOR: They have to catch a plane. When do you have to catch a plane? MR. HUNDEN: Well, it's at 3:05 from Fort Lauderdale. COMMISSIONER TAYLOR: So you need to go. MR. HUNDEN: Yeah, unfortunately. So there weren't too many great flight options from Fort Myers, unfortunately. CHAIRMAN FIALA: Okay. COMMISSIONER NANCE: So I suggest we conclude our questions from board members -- MR. HUNDEN: I might be driving to Nashville. COMMISSIONER NANCE: -- if the board members have questions of these gentlemen, because they're going to leave. COMMISSIONER TAYLOR: Yeah, we should -- CHAIRMAN FIALA: Okay. Rather than hear our audience. Okay. COMMISSIONER NANCE: They're going to leave. So if board members have questions for them... CHAIRMAN FIALA: Okay. But if they have questions, okay. Page 95 June 28, 2016 All right. Ill do as you -- COMMISSIONER NANCE: I mean, that's my recommendation. Let the Board -- CHAIRMAN FIALA: I heard. COMMISSIONER TAYLOR: No, I would agree. CHAIRMAN FIALA: Okay. I'll -- MR. HUNDEN: Happy to take your questions. CHAIRMAN FIALA: Yes. Go ahead. COMMISSIONER TAYLOR: I'm first. Thank you very much. I've found your study very -- it was very comprehensive but very clear and, I thought, very thorough, and I think staff agreed. When you talk about phasing in, is the ultimately, what you're talking about, 16 multipurpose fields, eight baseball diamonds for the outdoor facility, is that the model that we're talking about? MR. OLSON: Yeah. As a -- as a total 16 would be the minimum that we would recommend. COMMISSIONER TAYLOR: Oh. MR. OLSON: But you could -- you know, 20 to 24 is where tournaments are really happy. That's -- I would say that's your end game, but right now I would focus on the eight. And then the eight and eight is what I would focus on right now. COMMISSIONER TAYLOR: Okay. Can you give us or maybe send to us at another time a phasing in of what you recommend, you know, so much over a time period so that we have an idea? Because I listened very carefully when you said if we're going to do this, we better do this right, because there's a lot of competition. So we're going to need probably guidance, I think, if, indeed, it's the will of this commission to embark on this project. MR. HUNDEN: Yeah, we'll clarify that, absolutely. COMMISSIONER TAYLOR: Okay. Thank you. Page 96 June 28, 2016 CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I guess this is more for staff, or -- is this outside our AUIR process? MR. CASALANGUIDA: Yeah. MR. OCHS: Yes, sir. COMMISSIONER HENNING: Okay. So we're not going to be using impact fees for the development of future -- MR. OCHS: We'd have to determine that through the feasibility study that we're asking for as part of this executive summary, look at various revenue streams, see what would qualify and bring back some recommendations. But this primarily is a sports marketing initiative as part of your tourism area. COMMISSIONER HENNING: Right. Well, if one of the recommendations is to use impact fees, and that's always easy to use other people's money, you can't deny our existing residents to use those facilities. MR. OCHS: Sure. COMMISSIONER HENNING: And this is something totally different. From what I hear is, is it's not for local residents. It's for tournament-type uses. MR. HUNDEN: That is really up to the governance of the facilities. COMMISSIONER HENNING: But I'm hearing I'm wrong -- or not hearing or seeing that I'm wrong. It is going to be just like we use at the North Regional Park, is you're going to have local use and -- MR. OCHS: And tournament playing. COMMISSIONER HENNING: And tournament. MR. OCHS: Yes, sir. COMMISSIONER HENNING: Okay. MR. HUNDEN: To the extent that you have synthetic turf, your ability to max out usage for both local and inbound is higher. There Page 97 June 28, 2016 are some places that only allow tournaments, which is a pretty extreme approach, so -- but it's also not just community rec where it's just for locals. So it's supposed to have -- should -- generally most communities have a balance. COMMISSIONER HENNING: Okay, thanks. CHAIRMAN FIALA: Okay. I'm going to just take one more right now, Commissioner Nance. Then I want to ask the audience -- and as soon as Commissioner Nance is finished, I'll ask the audience, do any of you -- and you don't have to raise your hand now. Do any of you have specific questions for this team of people, or would you like to speak on the subject? And I will call on you next. Because they've got to leave, so I'm going to take the people who are not first in line but the people who need specific questions for this team; otherwise, we'll listen to everybody as we -- COMMISSIONER HENNING: I think we should have a workshop on this. CHAIRMAN FIALA: Okay. So Commissioner Nance, and then we'll move on. COMMISSIONER NANCE: Gentlemen, thank you. I think your report was very complete and short and to the point. I just -- the only question I have is, do you additionally provide implementation consultation for these sorts of activities? MR. HUNDEN: Yes. So part of our term was Mike Mallay, who participated a lot on this and, really, his expertise is in sort of the actuization (phonetic) of this. So I think the answer is yes, but we would sort of-- HSP would kind of step back and be a secondary role to Mike in that setup. COMMISSIONER NANCE: Okay, thank you. CHAIRMAN FIALA: Okay. Now, audience members, specific questions to these or just comments in general? Page 98 June 28, 2016 MR. HARTGRAVE: I have a question. CHAIRMAN FIALA: Okay. And then the rest of you we'll call as -- just a little bit later, okay? MR. MILLER: Sir, are you a registered speaker for this item? MR. HARTGRAVE: I was the next item, but I had a question about the study. I guess no. CHAIRMAN FIALA: No, I'm sorry. Okay, fine. Okay. Now, then -- COMMISSIONER HENNING: For the general public to have questions of a presentation is new to me. CHAIRMAN FIALA: Well, I just thought, you know, in case they had a comment on it that these people could answer. I just wanted to do that. I know we don't normally do that, but they're leaving town, so I tried to be specific on that. Okay. Commissioner Hiller, and then we'll go to the audience. COMMISSIONER HILLER: One of the concerns that I have -- and I've worked with Jack Wert and his staff on this when I was chair of the Tourist Development Council. We did an analysis similar to what you presented today and that is showing what the average room rate was during, you know, the various months of the year and days and also looking at the extent to which the existing infrastructure was not being optimized. And, obviously, we came to the same conclusions that you came to. And you can go back, and Jack has that study, and you can compare what you came up with versus what our staff analyzed on a more superficial level but, you know, to the same end. To the extent that we were -- if we were to start adding facilities to accommodate tournaments, what's key for me is to see how we would start using existing infrastructure like hospitality infrastructure in the off season, because that's the whole purpose of the sports marketing. Page 99 June 28, 2016 As you properly pointed out, in season we're overflowing, and we're actually pushing business away, so that's a problem, because that's lost sales. But we're also in a situation where we're not getting the sale on the opposite side of the equation. So that's what we have to look to balance, and that's the analysis that, you know, we really need to see to tie all of this together, because I want to see the return on the investment on the infrastructure that has already been developed in addition to what additional infrastructure we need to build to increase the -- you know, the -- to increase the financial return in the off season. MR. HUNDEN: Right. So just to clarify, the impact analysis was relative to not only -- so if you build the recommended scenario, then that is the impact from both your existing and additional. COMMISSIONER HILLER: So like, for example, in the off season where you had 60 percent, that is the impact of the combined, the existing and the new? MR. HUNDEN: So what we do is we say, okay, how many new day-trippers and how many new overnighters are we going to get, and it's broken down by, you know, how many -- it's a quite an extensive model. How many tournaments by type, what's the attendance of participants? What's the attendance of families? And we're pretty conservative with those expectations and projections. And then that goes into, okay, how many of those are day-trippers? How many of those are overnighters? How many of them are local? And for each one, there's sort of assigned a spend per day. And to the extent that they fill hotel rooms, then, obviously, that's a greater impact than if they're just day-trippers, which most of them wouldn't be. And for some of those, it would actually suggest and support the development of additional select service hotels in and around the area that it's developed to help support that. Page 100 June 28, 2016 COMMISSIONER HILLER: I just really would like to see the schedule that shows the incremental return for the additional investment in the facilities, especially in the shoulder season. MR. HUNDEN: Okay. Well, perhaps -- I think that's a great off-line conversation to have with staff and with Jack. COMMISSIONER HILLER: That's fme. But you understand my point. MR. WERT: I do, and we've got most of it. COMMISSIONER HILLER: Okay, good. MR. HUNDEN: Yeah. I think it may be just explaining where to find it. COMMISSIONER HILLER: Sure. Yeah, not a problem. CHAIRMAN FIALA: Just a question. I'm watching your time, not mine. MR. HUNDEN: We appreciate it. Thank you. CHAIRMAN FIALA: Just, the last question is, I didn't notice anything in your presentation that mentioned if an area -- say, for instance, 60 acres, I'm thinking of one, Manatee, but it's surrounded by housing developments everywhere. So you would have to be kind of careful in something like that because of night games, loud speakers, lights, and so forth, and especially if the houses are just bordering that. Do you still consider them part of the field, or do you take that into consideration when you're recommending? MR. HUNDEN: Well -- so we've been very careful not to make any specific recommendations because, like politics, everything's local. So you-all sort of have to make decisions based on your criteria that overlay with the market-based criteria, and I think you'll make those decisions. And we're happy to help. And, in fact, we're starting to set you up for that next phase of analysis. But I don't think we'd be so presumptuous as to say, you know, you should do this in this spot, but we can say these are the pros and Page 101 June 28, 2016 cons. But, of course, everyone's got opinions, so you may have neighborhood groups that say, you know what, not my backyard. So, you know, you just sort of have to play through those. CHAIRMAN FIALA: Very good. Now, on behalf of all of us, I really thank you for being here, and I'm sorry that we ran so late. I hope you make it back in time. MR. HUNDEN: We know that whatever you develop will be beautifully landscaped. CHAIRMAN FIALA: Yes, sir. Thank you. COMMISSIONER TAYLOR: And just one quick question. It's your recommendation from what I've read -- and I just want you to repeat it on the record -- that rather than bifurcate this complex, is that we find a site that we put it all in the area, ideally not only the facilities, but ancillary hotels or whatever? MR. HUNDEN: That would be ideal. That would absolutely be ideal, yes. COMMISSIONER TAYLOR: Thank you. MR. HUNDEN: Thank you. CHAIRMAN FIALA: Thanks. And I did like your comment about the trying to contain the whole tournament in one park rather than just filtering it out. We found with the pickleball groups, there were -- we were divided into 48 fields, but they had -- they loved it because they could all feed off one another's excitement. And I would have never known that, and so I was happy to hear that you put that in your presentation as well. MR. HUNDEN: Absolutely. CHAIRMAN FIALA: Thank you for everything. We appreciate you being here. Good luck, drive safely, and God speed. MR. HUNDEN: Thank you. Appreciate it. CHAIRMAN FIALA: All right. So would you like to -- we have 10 speakers, right. Page 102 June 28, 2016 COMMISSIONER TAYLOR: I think we should hear them. MR. MILLER: Yes, ma'am. CHAIRMAN FIALA: Pardon me? MR. MILLER: Yes, ma'am. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: I think we should hear our speakers. MR. MILLER: We are going to -- CHAIRMAN FIALA: That's what I'm doing. COMMISSIONER TAYLOR: No. I thought you were asking me "would you like." I thought you were asking me a question, ma'am. CHAIRMAN FIALA: Oh, no. I noticed you kept talking, and I was trying to ask, we have 10 speakers, right? COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: Okay. MR. MILLER: All right. And I'm going to ask the speakers again, in the interest of time, to use both podiums. Your first speaker is Garrett FX Beyrent. He'll be followed by Nicole Johnson. MR. BEYRENT: For the record, I'm Garret FX Beyrent. I want to thank a few people here before they leave. They're already leaving. I want to thank Ethan Olson; he just did his presentation. I only gave him the information about my PUD, which is 93 acres -- it was missing from his original study, and I informed him -- I said, why don't you include me? And he said, I couldn't -- you know, it was divided up into two PUDs, so they didn't assume, like I did, that they considered over 60 acres. But in any case, I only gave him the information, like, five days ago, and it's on the screen today. So that's a hell of a study. And I want to thank -- here he comes right here -- Leo Ochs for giving me his personal copy of the study, the Hunden study. It's 260 Page 103 June 28, 2016 pages long. And I want to thank Nick Casalanguida for telling me there are technical issues involved in site selection that you have to adhere to to build a -- any kind of stadium. You've got road selection situation. And last, but not least, I'm going to give each one of the commissioners a copy of the only edition that was on the screen there that's not part of your paperwork. It's only three pages. You can throw it away after you look at it. Except you. COMMISSIONER TAYLOR: I have one of those from yesterday. MR. BEYRENT: No, that's the new one. COMMISSIONER TAYLOR: Oh, this is the new one, okay. MR. BEYRENT: In any case, I just want to say that, strangely enough, 27 years ago I brought a PUD in front of the Board of County Commissioners, myself and four other developers. It was 370 acres, and it was at the northwest quadrant of I-75 and Collier Boulevard, and it was called the -- get this -- the Naples Sports Complex. I swear. It was 370 acres, and all of the developers went on to other locations and did other things because our tenant at the time, our proposed user and the center of attraction, was the Toronto Bluejays, and, of course, they didn't come to Naples. And there was three other baseball stadiums that earmarked this same 370 acres for baseball, and they never came to pass. So what I've proposed on my piece was pickleball stadium as opposed to a baseball stadium, because I agree with the Hunden Group that, basically, things are changing now. And pickleball stadiums will be the new thing that Donna Fiala's actually going to orchestrate. And when she becomes the queen of pickleball, what we're going to do is we're going to take her out to the Naples Sports Park and throw her in the sippy hole. Page 104 June 28, 2016 CHAIRMAN FIALA: No, in the pickle jar. MR. BEYRENT: Oh, in the pickle jar. And that's all I have to say. So that's -- I went over three quarter minutes. Thank you very much. MR. MILLER: Your next speaker is Nicole Johnson. She'll be followed by Dean Lohman. MS. JOHNSON: Good afternoon. For the record, Nicole Johnson here on behalf of the Conservancy of Southwest Florida. And the Conservancy isn't taking a position on whether or not the county should pursue additional athletic fields for sports tourism. Certainly, the report that was done by Hunden was very thorough, and there are some sites in there that certainly could be evaluated for further consideration. We do appreciate that the North Collier Regional Park is going to be part of a larger community meeting, additional discussion, but there are just a couple things that I wanted to respond to that were part of the presentation that I think need to be out there as everyone's thinking about the North Collier Park site between now and that parks and recreation meeting. The first thing is the consultants referred to North Collier Regional Park as the crown jewel, and they were referencing that as far as the athletic fields. I think that that is looking at it maybe a little myopically. North Collier Regional Park itself is the crown, and the jewels that are in that crown are all of the variety of the amenities that that park contains, and that includes the conservation easement protected preserve, which is a park amenity. It includes the water park, it includes the children's museum, and it includes the athletic fields. So all of those parts are part of the jewels that make the crown that makes North Collier Regional Park so special and so important. That preserve is used by so many people as an amenity. We don't see any recommendation to tear down the water park to Page 105 June 28, 2016 put fields in. Why is that? The water park is an acknowledged amenity. Well, so is the preserve. An amenity is not a placeholder for further intensification. The other point is, on one of the slides it talked about land mitigation, a potential challenge. That is the understatement of the year. That preserve was required because when the county built that park they wiped out over 50 percent of the on-site wetlands. So the preserve is required for mitigation. It is required to be preserved as part of the permit condition for park construction. It serves as a regional flow-way. It serves as stormwater management. You go out there; it is wet by design. So all of those issues kind of come together. And when you look at the aerial photo, when you look at the benefit that that preserve has as a quality-of-life amenity and for wildlife, that really is not the place to look for future sports tourism opportunities. There are a lot of good sites that are on the short list, and we would ask that you focus on those. And we look forward to participating in the upcoming community meetings. Thank you. MR. MILLER: Your next speaker is Dean Lohman. He'll be followed by Cassandra Conrad. MS. LOHMAN: I'm Dean Lohman, and I live in Marsala, which is a short distance from the North Collier Regional Park. My husband and I use the park on a frequent basis. We fully support everything that is in the report from Nicole Johnson and her statements here today. Additionally, as a resident in Marsala, I would point out the traffic congestion at Immokalee and Livingston that would occur, and there's a great deal of congestion just from local traffic at this time. In the interest of time, I will stop at that point and thank you for your consideration. Page 106 June 28, 2016 MR. MILLER: Your next speaker is Cassandra Conrad. She'll be followed by Michael Seef. MS. CONRAD: Hi, thank you. Cassandra Conrad. I am Wilshire Lakes Homeowners Association president. And Wilshire Lakes is a bordering community of the park. We have an open border with the park. This would be very detrimental to our community as well as the preserve if this goes forward for the North Collier Regional Park. We stand with the Conservancy. We do not want this park to be developed. We like the idea of future sports in Collier County, but just not in our backyard. We also have a petition that we had signed. Within 72 hours, we're just four signatures short of 500, and we've also done some homework for you-all. We have about 20 pages of comments from residents all around the bordering communities that we can share with you as well. Thank you. MR. MILLER: Your next speaker is Michael Seef. He'll be followed by Linda Joyce. MR. SEEF: Good afternoon, Commissioners. Michael Seef, for the record. I'm representing Collier Citizens for Sustainability. I live about four, three-some miles from the North Collier Regional Park, and I'm an occasional user. I won't say I go there every day or every week, but sufficient to make it a very important destination in our urban area, which is rapidly turning gray from concrete and lots of-- lots of cars and traffic. We moved to this area, to Collier County, because of what was available in the urban area, not an hour away but nearby where we could have passive recreation. And I think we're not alone in that respect. We have lots of friends and lots of people we know who Page 107 June 28, 2016 appreciate Freedom Park, The Greenway, naturally, the beaches, but here's a place in North Naples Regional Park with a wonderful preserve with a conservation easement, as was just mentioned, which is a promise to people like us who've moved to the area because of that and, by the way, also tourists. I think there are a lot of tourists who would be interested had they known about what's available. They go there and walk and jog and bird watch and whatever. So, you know, it's not devoid of tourist demand to have passive recreation. So let's keep that in mind before we think about just hotels and big sports things and, most of all, that there's a promise of having a conservation area in the nearby urban area, which I think is critical. Thank you. I hope you make the right decision by avoiding North Naples conservation area. CHAIRMAN FIALA: Thank you. COMMISSIONER HILLER: And just so you know, this was pulled off the agenda, and there will be a public information meeting where all the details can be discussed with the community and staff and the presenters of the report, and then there will also be another meeting with the Parks Advisory Board. So all these issues can be really addressed in full detail rather than three minutes here, because I don't feel that this report has been appropriately vetted with the North Naples community surrounding the regional park, and I think it's very important that that happen. CHAIRMAN FIALA: Thank you. MR. MILLER: Your next speaker is Linda Joyce. She'll be followed by Gaylene Vasaturo. MS. JOYCE: Good afternoon. I have a whole new appreciation for your job here. I'm Linda Joyce, and I live within walking distance of North Naples Regional Park, and I do use it on a regular basis, sometimes Page 108 June 28, 2016 twice a week; in those cooler months, three times a week. My neighbors and I enjoy biking there, walking our dogs, or just walking with each other. Hey, you want to go up to the park? We all need exercise. And we've all kind of retired at the same time; me a little earlier than some of my neighbors because of the loss of my husband. But I sold my St. Louis home and my Fort Myers condo because I love Naples, and I love North Naples Park and where I live. I'm going to make this short and sweet. I support the Conservancy of Southwest Florida's position that North Naples Regional Park be taken off as a potential site for expanded Collier County sports facility. Nicole Johnson has educated me this last year. I've gone to her to help protect the preserve behind my home, the same connected preserve. Brad Cornell is here. He's one of the first people I called to help save the preserves for the wildlife that you will hear all about, a packet that I've given to Nancy Gundlach this week, which I've shared with some of you, of the beautiful wildlife that inhabit the wetland-dependent preserves that will be impacted. Thank you. MR. MILLER: Your next speaker is Gaylene Vasaturo. She'll be followed by Brad Cornell. MS. VASATURO: Good afternoon, Commissioners. I live in the Vineyards. Thank you, Commissioner Nance, for all those oak trees. I love them. But here today I wanted to ask that you permanently remove the North Collier Regional Park from further consideration for expansion of location of athletic fields. I understand you're going to have a public hearing, that's great, but at least I'll take a brief statement here to you-all, and that is the preserve has a tremendous value to the residents in Naples and Collier Page 109 June 28, 2016 County. I enjoy walking and bird watching there as do many people, which I'm sure you'll hear from as we go through the public hearings for all the various activities that are there. That has a wonderful boardwalk through a Cypress swamp where you will likely see a Big Cypress fox squirrel, which is on the state's endangered and threatened species list. With all the development that's going up along Livingston Road and Vanderbilt, this is a much-needed natural area. It's something really -- it's unique from other county parks. And, certainly, the new home -- many of the new homeowners in that area have relied on insurance of that preserve being protected in perpetuity by the conservation easement. I agree with what Nicole Johnson said. She talked about the easement. The easement itself states that the preserve is to, quote, remain in full force and effect forever. And according to the easement, the purpose is to retain land and water areas in their natural vegetative hydrologic wooded condition and to keep the area suitable -- as suitable habitat for fish, plants, and wildlife. And I'll just add this: Do you know that that park is a birding hot spot? It is on Cornell University's eBird website; over 95 species of birds have been seen in the last few years in that area. So I hope -- and, again, I'll use my other opportunities to address this, but I hope you do the right thing and you recognize the value of this preserve to the people who live here. Thank you. MR. MILLER: Your next speaker's Brad Cornell. He'll be followed by David Galloway. MR. CORNELL: Good afternoon, Commissioners. Thank you for the opportunity to address you on this issue. Page 110 June 28, 2016 I'm here on behalf of Audubon of the Western Everglades and also of Audubon Florida, Corkscrew Swamp Sanctuary. This is a big issue. It was a long report. There's a lot of exciting and very interesting material to consider in this. I also want to raise your attention to the fact that I'm sure you're aware that in siting such facilities, we have to take into consideration, all of us, all the community impacts from transportation to infrastructure to the actual site qualities themselves. And to that extent, I would just share this. I don't think we should be looking at a trade of regionally significant resources, wetlands and wildlife habitat, for sports facilities. Both of these are vital to a vibrant and sustainable community with a high quality of life, both of them. But wetlands and wildlife habitat are already established in place, and you have a lot more flexibility in siting sports facilities. So using that criterion, I urge you to consider that as you move forward. Thank you. MR. MILLER: Your next speaker is David Galloway. He'll be followed by Susan Calkins. MR. GALLOWAY: Thank you, Commissioners. And I didn't want to delay the fact of wasting any more time of this -- everyone's time, but it's pretty important on these issues to speak publicly, and we appreciate it, even though I had a conversation with Commissioner Hiller earlier, and I know there's going to be community meeting on this issue. I'm not one of the ones that live right near that Collier -- North Collier Park, but with that being said, I -- and most the folks that I know in this room know that I'm a strong proponent of economic development. We know the money runs the show. But at that time -- and this particular incident (sic), that preserve is there and that should be there forever. Taking almost 90-some acres and putting -- taking 60 acres of that, approximately, to make it a Page 111 June 28, 2016 ballpark facility of some type, or athletic fields, is probably not the best use of land that we have in Collier County. We all know that this is pretty valuable land. It's something that, with all the wildlife that -- all the preserves, if you go up 41 and see all those developments now that have cut into all those major wetlands that were wetlands at one time -- of course, time changes that, right? Forty years ago, you never would have thought something would have been developed along some of those, even 20 years. Now you don't find a turtle, an animal, a bird, anything in those areas because they're just concrete. That's something that, with the park being designated years ago for that preserve, I think it's very, very important to look at that and have other people in the surrounding counties -- you know, we have the Everglades, and look at the issues that are happening in the Everglades. We need to preserve a park that is -- has all the amenities of versatility there that help everyone and not just particular groups even though there's other areas in Collier County that we could use to facilitate these sports outreach programs, which I think is very well needed for the economic aspect. Thank you. MR. MILLER: Your next speaker is Susan Calkins. She'll be followed by M.E. Cash. MS. CALKINS: Yes, I'm Susan Calkins. I live about four or five miles from the park. I do use it, and I am here to speak to both the park but also, given all our discussion, I'd like to say I've spent a large part of my career studying and working in the area of ecotourism. And I think, as Mr. Wert knows, there's all kinds of tourism. There's historical tourism, cultural tourism, ecotourism, and there is sports tourism. And I think that maybe we should really talk and think hard about whether we really want to put our resources in the area of sports Page 112 June 28, 2016 tourism or if, perhaps, our strengths aren't in other areas. We call ourselves and market ourselves as the paradise coast. And I don't think that by taking preserve areas, whether they're park areas or whether they're PUD preserve areas, and turning those into, you know, a sports complex is really in keeping with that notion of the paradise coast. I think people come here because they like this thing called sort of a natural Florida, the thing we've been kind of talking about earlier today when we were talking about landscape. You know, what is it that draws people here? And it certainly isn't, you know, traffic, and it isn't pavement, and it isn't necessarily sports complexes. So I really hope that you think really seriously before we jump on a bandwagon of sports tourism, which, you know, is decided by relatively few people. Let's think about what our community needs and wants. And that takes a priority. Thank you. MR. MILLER: Commissioners, your final speaker on this item is M.E. Cash. MS. CASH: For the record, Mary Ellen Cash. How you doing? Okay. That was a great lead-in to what I have to say. I'm here on behalf of Multicultural Community Advisory Alliance. Sorry Victor Valdez couldn't be here himself, but he's sick today. He had meant to be here for you. To follow on what the lady just said, when did we put a referendum before the community that says that we want this tourism, this type of tourism, sports tourism? When I came to Naples in the early '90s, the tourism that happened here was four-man groups coming to play golf on weekends, the beach and spa weekends or weeks for families, vacations for families. Everything was about ecology, about the naturalness of our community. Page 113 June 28, 2016 Everywhere my husband and I go now -- because you-all know what we're involved in -- we hear the community telling us, don't change Naples. And that's what I'm going to ask you to do. And if you do want to change Naples, well, ask the community how do you want to be changed? Because I'm not hearing anybody doing a monkey -- what's that survey monkey? Survey on the community and what you want? I haven't heard anything. I've just heard this is what we're going to get. And that's not the way we do thing, is it? Okay. So I'm just going to ask you -- because I know all of you, trust all of you, have known you for a while -- to please let's back up a little bit before we go forward any more and remember who we are as a community. Let's not get into the sports business until we know that that's what our community wants, okay. Thank you. CHAIRMAN FIALA: Thank you, everyone. One of the things that I've enjoyed the most about the parks in general -- I've never been to the North Collier Park area as far as the birding area goes, but I know we have another one over in one of our parks in the Eagle Lakes Community Park, and it's frequented all the time by birdwatchers, especially. They're mentioned on the National Bird Watching -- in National Bird Watching Magazine, and it's heavenly. And I think that we -- although we have 78 percent of our land in preservation forever, you still need little pockets of preservation every place to keep it green, and that's -- I think that's what you-all are saying is, you know, we have these little pockets of land that we can just walk to. You can't get to Everglades very easily, but you can get to the pockets of land. And so we have to keep those, as well, preserved. So just -- I for one want to agree with everybody. I think sports is good, I do. I don't even play any sports, but I really admire it. But I think we can -- we can handle both in the same Page 114 June 28, 2016 community as long as we preserve the preservation that we already have in the little pockets of land all over Collier County. So with that, let's see. I have, the first one, Commissioner Henning. COMMISSIONER HENNING: Yeah. Commissioner Fiala and I were here when the conditional use came forward for the North Reginal Park, Livingston Park at that time. Actually, they wanted to call it something else, and I forget what it was, but -- CHAIRMAN FIALA: It was North Naples. COMMISSIONER HENNING: No, no, no. It was Sun Splash or something like that, I remember. And it got a lot of criticism from certain commissioners. But, anyways, to change the conditional use to do away with the preserves, I just can't see that happen. So I would hope the future board doesn't go down that road. We actually required more than what our own rules are on that piece of property. So I just -- I don't see that happening. As far as changing things, we're not changing anything. I mean, sports tourism has been going on for a while. These fields are needed by our existing children who don't have enough fields, ballfields, to play on, and especially in Golden Gate Estates. There's no question that our kids, whether it be soccer fields or all kinds of ballfields are needed within Collier County, and expending tourist tax dollars to promote, you know, pickleball or things like that is a good thing. I mean, I forget, how many millions did it generate in the community in economic development, just that one event? It was -- COMMISSIONER NANCE: It's shocking. COMMISSIONER HENNING: Yeah. So I know that not everybody watches or is in tune to what's happening at the County Commission meeting, but sports is a good thing for our children. Page 115 June 28, 2016 CHAIRMAN FIALA: Oh, especially for our kids, because they have other role models there to help them, and it gets them off the streets and -- COMMISSIONER HENNING: Right. CHAIRMAN FIALA: -- gives them something wholesome to play at and feel proud of. So, boy, I'm in line with you. COMMISSIONER HENNING: Well, I'm going to make a motion to accept staffs recommendations with the added on more community involvement on any changes at the North Collier Regional Park. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. I have a motion and a second. Commissioner Nance? COMMISSIONER NANCE: Yes. This is a big idea. You know, we've talked about small ideas, big ideas. This is a big idea. I think it has got tremendous potential. I think it's got tremendous potential not only to supply some economic development and much-needed diversification in our revenue stream, but it also has the ability to supply a bunch of new facilities for residents, much as our beaches. You know, we use tourist development money to renourish our beaches, but those beaches are core to our residents. You know, not only do our guests use them and enjoy them and does it attract them to our community -- and I think sports will do the same thing. It's a clean industry. It fits our sunshine. It fits -- it fits our brand. But we need places to put these, and we need a lot of space. In the small print underneath this tremendous analysis that we just saw, you'll notice that it says, you know, it's nice you build -- this is our recommendation for what you build but, PS, it needs to be expandable, okay. So what you don't do is you don't take something like this and try to fit it into North Collier Regional Park because it's something where Page 116 June 28, 2016 you have a limited amount of room. You go out, and you try to do what we're doing right now in our Growth Management Plan study when we talk about the rural fringe and some of those areas out there. You find some of this area that we have available that's open and it's recommended for thoughtful development, and this is where you try to site and locate some of these things where you can do a nice job, build a beautiful facility, have room to expand it, have room so that your parking lots double dip. I mean, this has the ability to provide not only sports venues but entertainment venues. It's going to have a lot of infrastructure here. So I certainly support the motion, but I think we need to find -- you know, we need to -- we need to look at our Growth Management Plan and restudy and find the place to do things like this. So I'm looking for staffs thoughtful feedback on options and their study. CHAIRMAN FIALA: Okay. And, finally, Commissioner Taylor. COMMISSIONER TAYLOR: Well, these aren't my thoughts, but I think they're very wise thoughts of staff that, over these months with this consultant's report has been brought forward and reviewed, and drafts have gone out that we're at a stage in Collier County where we can talk about sports, perhaps, as an economic driver. This is sports tourism, but it may be part of economic development also. And I think it's a very interesting and probably very valid concept. And it is called diversification, and it is something that all communities need to assess, where are you -- where are you going to become less dependent on ad valorem and allow our economy to grow? And what better place to allow our economy to grow when it starts with our children and what they can -- what they can achieve and their dreams. And we all know the cost of college. These parents aren't Page 117 June 28, 2016 traveling around the United States and spending a lot of dollars. And, Mary Ellen, you and I know a lot about that because your daughter and my daughter played volleyball. We know what that is. But the prize at the end could be a college education. And so it's a very exciting time. I'm very honored to be here, and I support staff, and I support everyone up here -- CHAIRMAN FIALA: Okay. I have a motion -- COMMISSIONER TAYLOR: -- that want -- that are voting for this. CHAIRMAN FIALA: I have a motion on the floor and a second. Any further comment? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: So we've got a 5-0. I know Georgia -- where did she go? COMMISSIONER TAYLOR: To the loo. CHAIRMAN FIALA: Oh, okay. Yell, Georgia. I'm sure it's a 5-0, but right now we have four on the dais. Thank you very much. And with that, we're going to go to lunch. MR. OCHS: One hour? CHAIRMAN FIALA: Yes, sir. (A luncheon recess was had.) CHAIRMAN FIALA: Will everyone take their seats, please. Very good. Page 118 June 28, 2016 We're now in our afternoon session of the Board of County Commissioners meeting for this fine day, June 28th, 2016. Leo? MR. OCHS: Yes, ma'am. Item #11B CONSIDERING THE EXPRESSED INTEREST FROM THE ATLANTA BRAVES IN RELOCATING ITS MAJOR LEAGUE BASEBALL SPRING TRAINING OPERATIONS TO COLLIER COUNTY, AUTHORIZE STAFF TO CONDUCT NECESSARY FEASIBILITY ANALYSES AND DUE DILIGENCE ON THIS PROJECT PROPOSAL AND REPORT RESULTS TO THE BOARD FOR SUBSEQUENT ACTION — APPROVED MR. OCHS: Thanks, Madam Chairman. The next item on the agenda is Item 11B. That was to be heard immediately after 11A, and this is an item that is coming back to the Board subsequent to the original presentation that the Board heard in April of this year from representatives of the Atlanta Braves. The Board heard a proposal from the Braves with the prospect of relocating their spring training operations to Collier County to begin with the 2018 spring training season. The Board did not favor the specific site that was part of that proposal but, by a 4-0 vote, did tell the Braves representatives to tell the Braves that if they still had an ongoing interest in Collier County at another site that they should contact my office and certainly pursue that if they would like. Subsequent to that April meeting, I did receive a couple of phone calls from Mr. Schuerholz, the vice chairman of the Atlanta Braves, indicating that he did have -- or the Braves did have ongoing interest in Page 119 June 28, 2016 Collier County of potentially some other sites. That turned into a face-to-face meeting on June the 1st of this year where he reiterated their interest but indicated at that time that their plans had been modified slightly, and now they're looking to open a spring training operation in the spring of 2019, not 2018. As you will recall, as part of our discussion back in April, the staff always felt even if they had a site that the Board favored, that it would be difficult to get all the approvals in place and get a facility up and running in early spring of 2018. So after that June 1st meeting, I asked Mr. Schuerholz to put his expressed interest in writing, which he did, and I've shared that letter. It's part of your agenda packet. So at this point, the staff is recommending that the Board authorize us to conduct some feasibility analysis and some further due diligence on the proposal continuing to discuss the issue with the Braves and then bring back that analysis in the fall and let the Board know what we believe in terms of potential feasibility and cost and recommended site options and all the other things that go into a feasibility analysis. So that's essentially the recommendation, and we're ready to answer any questions you have may have. CHAIRMAN FIALA: Thank you very much. Commissioners, I have one who wants to ask a question right now, and that's Commissioner Nance. COMMISSIONER NANCE: No. I'll just wait -- I'll wait until after the public speakers, if you'd like, ma'am. CHAIRMAN FIALA: Okay. How many speakers do we have? MR. MILLER: Madam Chair, we have seven registered pubic speakers for this item. CHAIRMAN FIALA: Okay. MR. MILLER: Our first speaker is Garrett Beyrent. He will be Page 120 June 28, 2016 followed by Nicole Johnson. MR. BEYRENT: I'd like to surrender my three minutes to Ron Rice, if he would like to talk. MR. MILLER: All right. Let's -- did you register, Mr. Rice? MR. RICE: Sure. Oh, no. I beg your pardon. I didn't. I was going to wait and -- MR. MILLER: Okay. Well, let's just go ahead and go with Nicole Johnson. COMMISSIONER TAYLOR: Mr. Rice, Mr. Rice, if you do want to speak, you need to register. MR. RICE: Oh, I beg your pardon. MS. JOHNSON: Good afternoon. For the record, Nicole Johnson here on behalf of the Conservancy of Southwest Florida. The Conservancy doesn't have a position on whether the county should or shouldn't move forward with considering a spring training stadium for the Atlanta Braves, but we do want to urge caution in one of the sites that we've heard sort of bantered about as a possible location, and that's the county's property adjacent to the landfill near I-75 and 951. We're concerned about any traffic-inducing and traffic-generating uses on that site, Atlanta Braves or otherwise, that would depend on the extension of the Wilson Boulevard/Benfield Road corridor and the construction of a flyover over the interstate. Many of the permitting and regulatory agencies have already weighed in with concerns about that road corridor, and we think that it would be premature for the county to move forward with consideration of a spring training stadium there with those roads constraints in place and also would like to point out that the county is pursuing a -- I don't like to use the word "flowway," but essentially reconnecting hydrologically from the Golden Gate Canal down through this very site, that 300 acres, and underneath the interstate to help rehydrate the Page 121 June 28, 2016 North and South Belle Meade systems. So we'd want to make sure that nothing done there would interfere with that hydrologic restoration that the county is pursuing. So with that, we just urge caution on that particular site. And, again, no position on bringing the Braves here or not. Just making sure it's always location, location, location. Thank you. CHAIRMAN FIALA: I never even knew that. Thank you. MR. MILLER: Your next speaker, Dr. Joseph Doyle. I don't think I see Dr. Doyle. Louis Pishe. He will be followed by Jason Hartgrave. Go ahead, sir. MR. PISHE: All right, thank you. My name is Louis Pishe, and I'm here on behalf of Americans for Prosperity. Thank you very much for allowing me to speak today. As far as Americans for Prosperity, we're -- we believe in the free market, so we believe that if the Atlanta Braves want to come here and spend their money to have the stadium, we're for that. What we're not for is taxpayer money going to the Atlanta Braves for the stadium. So I just wanted to bring up a couple points, and they are from the Office of Demographic Research -- Economic and Demographic Research. It's a 47-page study on spring training facility subsidies, and the first item we wanted to bring is the Office of the EDR found that the state spring training incentive only returned 11 cents on every dollar to the state spent. And high-paying jobs created by pro sports teams are usually few in number and are held out by -- are held out of state individuals, players, owners, league executives. And state economists found that this program created an average of 73 jobs per year for a program that cost 4.2 million per year. This means that the state spent $57,000 on every job created. Page 122 June 28, 2016 And the 2009 MLB, Major League Baseball, Florida Spring Training Economic Impact summary found that spring training facilities bring less than 120,000 tourists per year for a state that currently hosts over 100,000 million tourists each year, which only constitutes a 0.1 percent of state tourism. CHAIRMAN FIALA: Thank you. MR. PISHAY: And that is it. Thank you very much. MR. MILLER: Your next speaker is Jason Hartgrave. He'll be followed by Keith Flaugh. MR. HARTGRAVE: Greetings. It's good to see all of you again. Thank you for the opportunity to speak. I'd like to echo -- thank you for those comments. We agree. As part of the Libertarian Party of Collier County, we're against any sort of inducements and use of taxpayers' funds in order to do this. We would welcome the opportunity for the Braves, but let's make this a free-market solution. In fact, if we're even talking about feasibility studies and we're doing that with using our county resources, there's a dollar cost that we're paying all of these county employees, so we're already investing in the possibility of, perhaps, finding a site. Perhaps, if the Atlanta Braves were really serious about coming to this area, they could put that -- or reimburse us for the cost of doing some of these studies or working for the opportunity in their behalf in order to produce this data for them. You know, we just had a report, and I don't even want to speculate how much that cost us but, you know, there is a cost to engage these strategic firms in order to produce this data for us. So we're already asking to, you know, put the taxpayer money -- and we're just not for that as the Libertarian Party of Collier County. There are many examples on the Internet that you can find of, you know, projects that are sponsored completely by private funds. There's Page 123 June 28, 2016 a number of opportunities that are available in the day and age of the Internet to raise the funds for any sort of project that we want in Collier County, crowd-sourcing funds. If we wanted to build the new university or anything like this, you know, they can have commemorative baseball bats, bricks, naming rights to the stadium; all these things could be used in order to raise the funds for the stadium itself. But if it's not a sound investment to begin with, then it just doesn't make sense. And if the Atlanta Braves really want to come to this area, it would make sense that they would be paying for this type of data. So that is where we stand on that, and we would appreciate you to consider our feelings as citizens and taxpayers in Collier County. Thank you. MR. MILLER: Your next speaker is Keith Flaugh. I don't see him. Mary Ellen Cash. She will be followed by Ron Rice. MS. CASH: For the record, Mary Ellen Cash. You know, this morning I don't think I made my points clearly. You know how hard the MCA worked in the initiative to build -- to plan Big Corkscrew Regional Park. We worked hand in hand with Tim Hancock. And that is, like, our number one priority. We really want that park to be built. So we are not against the parks. What we are is -- want you to think outside the box. If you want baseball for this area, why don't you build a beltway or some type of railway system to go from here to George Steinbrenner, to Jet Blue to Marlin Stadium so that we have access to all the stadiums, whenever we want it, in a safe way. We were supposed to have a train ages ago, but Jeb Bush killed it. You remember that? So why don't we think outside the box and do something like that? At the same time, you can link the airports. We need Page 124 June 28, 2016 infrastructure. It's $146 million that you're planning to spend, right? What are we going to give up for that? Are we going to increase taxes? Everybody's against increasing taxes. So if we're going to have to take those funds and use them in a different way, let's put a train system in so that we can improve our infrastructure and let tourism grow that way. We really need that. And that's all I need to say. Thank you. CHAIRMAN FIALA: Mary Ellen, what was MCA? MS. CASH: Oh, the Multicultural Community Advisory Alliance; sorry. MR. MILLER: Your next speaker is Ron Rice. MR. RICE: Hello. I have not been here in quite a while. Forgive my bum ankle. City Gate would love to be a home to the Atlanta Braves. Let me give you a few business facts that you may not be aware of. We -- when we bought City Gate, it was unimproved, but it was vested. One of the things that we had to do was pay $8 million in impact fees, which we did. Let me tell you about impact. We sold a hotel site to a group from out of town who built two Marriott hotels. Those two Marriott hotels sold in November. We sold them the land for four million one. They sold those two hotels for $31 million. I called up Roger and I said, Roger, what does the county show now what the land value is? So it went from zero to 4 million, taxable now at $7,400,000. That's impact. That's impact. Now, how do we get and why would we entertain this opportunity? Across the street from me a wonderful guy whose name is Benderson, the fellow that bought the huge Walmart out -- that you see out there on 951, I called him up and I said, Randy, when I have people come in, they come to my place and they look around and they say, wow, these hotels look great, you look great, everything looks Page 125 June 28, 2016 great. What the hell's going on across the street? He owns 50 acres across the street from me. He said, Ron, you're not in touch. I said, what do you mean I'm not in touch, Randy? He said, do you know that Walmart -- I beg your pardon -- that Target just sold 12 of their stores? Target sold. Didn't build, sold. Do you know that Target sold their entire pharmacy business to CVS for two-and-a-half billion dollars? Because owning big-box real estate right now is not a good way to live, okay. He also had on the other side an opportunity to build a building for -- CHAIRMAN FIALA: BJ Wholesalers? MR. RICE: -- the games. CHAIRMAN FIALA: BJ's Wholesalers? MR. RICE: Beg your pardon? CHAIRMAN FIALA: BJ's; BJ's Wholesalers? MR. RICE: No. CHAIRMAN FIALA: Oh. MR. RICE: In any event, the point that I'm getting at is, things are not that -- well, all you have to do is sit down and watch TV and you all know that things are -- you have to keep moving all the time. You have to keep moving. If we have this opportunity, I think it might be a wonderful opportunity to create some jobs, and we have the land to accept that opportunity. Thank you very much for your attention. MR. MILLER: Madam Chair, I just wanted to call the two names that I didn't get a response for one more time. Dr. Joseph Doyle or Keith Flaugh? (No response.) MR. MILLER: That's all the speakers I have, ma'am. Page 126 June 28, 2016 CHAIRMAN FIALA: Thank you very much. Commissioner Henning? COMMISSIONER HENNING: Leo, when do you anticipate to come back to the Board on this feasibility? MR. OCHS: Most likely October; maybe November. The Braves indicated in their letter that they would like some decision by late this year or, at the latest, early 2017 to meet the 2019 opening date, so... COMMISSIONER HENNING: So probably the new board would be making this decision? MR. OCHS: Certainly. If the commission wanted to pursue it after the due diligence and feasibility analysis, I think the real action items would be taken by the new board. COMMISSIONER HENNING: Right. Well, I don't mind kicking this down the road to allow that debate with the new board; however, personally, I have concerns about the rate of return. MR. OCHS: Yes, sir. COMMISSIONER HENNING: I mean, there are some benefits, obviously, bringing in that type of sport into the community, but I'm always looking at what is the cost and what is the return. So that's my comment. CHAIRMAN FIALA: Commissioner Nance? MR. RICE: What I wanted to say is -- CHAIRMAN FIALA: Mr. Rice, you can't talk from your seat; but it you'll wait just a minute, Commissioner Nance is called on. MR. RICE: Thank you. I beg your pardon. CHAIRMAN FIALA: But then you can come up to the microphone. MR. RICE: Beg your pardon. COMMISSIONER NANCE: Yes. I think the only way that any board, this one or the next board, is going to be able to make a decision Page 127 June 28, 2016 is if we allow this analysis and due diligence to go forward. You simply have to generate a pro forma so that everybody understands what the true cost-benefit analysis is and what the opportunities are here, and, you know, who are potential partners might or might not be. So this is something easy for me to support. I will say, in my view, that winter baseball is not what it was in years past. You know, I grew up in Fort Lauderdale, and at that time the Yankees were in Fort Lauderdale and they had a special winter baseball stadium that was out there way out near one of the airports at the time, and it stood out there by itself with the grass parking lot, and it got used during the winter season. The rest of the year it was closed. Well, that's not the way it is at all anymore. These are anchor parts of sports complexes, just like the previous agenda item that we talked about. So the ancillary things that come with these stadiums, the fields, the training areas, the parking lots, the businesses, the hotels and everything that goes with it, are what -- are where the economic -- compound economic benefit can arise from. So I think that staff has got their work cut out for them. I think we should allow them to go forward and do just that; and as such, I'm going to make a motion for approval. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Okay. I have a motion and a second. Mr. Rice, you wanted one more comment? MR. RICE: Just one last -- CHAIRMAN FIALA: No. You can't talk from your seat. You have to speak into a microphone. MR. RICE: Beg your pardon. CHAIRMAN FIALA: I'm so sorry. I don't usually let people do this, but... COMMISSIONER NANCE: You don't want to talk us out of it, do you? Page 128 June 28, 2016 MR. RICE: The other thing that Randy Benderson told me was he had -- for right at my exit, right across the street from my entrance, he had Target going here and Sports Authority going here. And, you know, what happened to Sports Authority; 450 stores. That's all. CHAIRMAN FIALA: Thank you. Okay. And, Commissioner Taylor. COMMISSIONER TAYLOR: Well, and as -- I haven't made my -- I have made my concerns pretty clearly. About five months I handed you that report that was referenced here this morning, or this afternoon, which the -- the State of Florida, which on one hand is saying that they will underwrite one team to the tune of$25 million and two teams to the tune of$50 million -- saying it's not a great investment for our community. You-all have that report. If you don't have it, I can get it to you again. I think that we -- I don't think we can do both. I think that one conflicts with another, but I would be very interested to see if that could be done. My priorities are children in our community. My priorities are the future of this community and not to underwrite baseball, professional baseball. I don't think that's a good use of taxpayers' money. I can think of a lot of other ways to spend taxpayers' money besides that. I don't think professional baseball has anything to do with our economic growth, and I feel that to allow this to go forward to get the numbers, I can respect that and I will support that, but my personal -- my personal concerns are pretty obvious; I've made them very clear. And I'm going to be interested in seeing the data. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Yes. I just wanted to mention one other thing. Mr. Ochs, in passing I mentioned to you the other day my query as to whether the stadium could -- would be acceptable to the Braves if Page 129 June 28, 2016 it had multiple uses. We saw a diagram today of a stadium that included a baseball stadium and a soccer field. Now, that may right out of pocket be unacceptable to them, but please include those sorts of out-of-the-box sorts of designs in your analysis, if you don't mind. MR. OCHS: Yes, sir. COMMISSIONER NANCE: It might be -- it might be an important element. CHAIRMAN FIALA: Okay, thank you. I have a motion on the floor and a second. Any further comment? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. We have a 5-0 on that. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Madam Chair, that takes you to Item 7 on today's agenda. That is public comments on general topics not on the current or future agenda. MR. MILLER: Madam Chairman, I do have one registered speaker; Dr. Joseph Doyle. I do not believe Dr. Doyle is here. Page 130 it June 28, 2016 CHAIRMAN FIALA: Okay. MR. MILLER: And that is all I had. CHAIRMAN FIALA: Okay, very good. Moving on. Item #9A RESOLUTION 2016-146: A RESOLUTION, WITH CONDITIONS, FOR A TWENTY-FOUR (24) FOOT 7 INCH VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW FOR THE CONSTRUCTION OF ACCESSORY IMPROVEMENTS TO A SINGLE-FAMILY RESIDENCE INCLUDING A FENCE, POOL, SPA, SUN AND COVERED DECK AREAS, PATIO, STAIRS, STORAGE, VERANDA, LANDSCAPING AND IRRIGATION, SEAWARD OF THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO REPLACE THE EXISTING SINGLE-FAMILY RESIDENCE WHICH WAS 45± FEET SEAWARD OF THE CCSL. THE SUBJECT PROPERTY IS LOCATED WITH A STREET ADDRESS OF 10381 GULF SHORE DRIVE AND DESCRIBED AS LOT 43, BLOCK A, RE-SUBDIVISION OF PART OF UNIT NO. 1 CONNER'S VANDERBILT BEACH ESTATES IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA — ADOPTED MR. OCHS: Yes, ma'am. That would take you to your advertised public hearings this afternoon, Item 9A. This item requires ex parte disclosure be provided by commission members, and all participants are required to be sworn in. It's a recommendation to approve a resolution with conditions for a variance from the Coastal Construction Setback Line to allow for construction of accessory improvements to a single-family residence. Page 131 June 28, 2016 This is at Conner's Vanderbilt Beach Estates. And it would be appropriate for ex parte disclosure right now, Madam Chair. CHAIRMAN FIALA: Okay, very good. Would you please swear in the people, and then I'll get the disclosures. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: And County Commissioners, starting with Commissioner Taylor. COMMISSIONER TAYLOR: I've talked to staff about this item, and I've read the -- some letters and certainly backup to the agenda. I was contacted by the -- Mr. Yovanovich's office to arrange a meeting, but I wasn't able to make that happen, and that's the only ex parte I have. CHAIRMAN FIALA: Okay. Commissioner Nance? COMMISSIONER NANCE: Yes. On this item, I have read the staff report and spoken to staff and had meetings with them. I've had a phone call with Mr. Yovanovich, and I've received letters from citizens regarding this issue. CHAIRMAN FIALA: And I have met with staff and I've also met with -- excuse me -- Mr. Yovanovich and the -- I'm sorry. I have to get a good cough, excuse me -- Mr. Yovanovich and the owner of the property and another person, too. I don't remember even who it was. MR. YOVANOVICH: Brett Moore. CHAIRMAN FIALA: Oh, yes. I'm so sorry. And he was a nice guy, too. Sony I forgot you, Mr. Moore. Thank you very much. CHAIRMAN FIALA: Commission Hiller? COMMISSIONER HILLER: There's Brett Moore. I didn't even recognize him; it's been so long since I've seen him. I reviewed the information presented by staff, I did discuss this with staff, and I also spoke with Mr. Yovanovich. Page 132 June 28, 2016 COMMISSIONER HENNING: Received correspondence from concerned residents not in favor. I did speak to Mr. Yovanovich briefly. CHAIRMAN FIALA: Oh, I'm sorry. I did, too. I also received correspondence from a number of people. You too; is that what you're doing? COMMISSIONER HILLER: (Nods head.) CHAIRMAN FIALA: Thank you for bringing that to my attention. COMMISSIONER HENNING: I don't know what you did or what you received. CHAIRMAN FIALA: No, but, I mean, being that you mentioned it, I forgot that I -- I didn't mention it. Anybody else received any correspondence? COMMISSIONER NANCE: Yes. COMMISSIONER TAYLOR: Yes. CHAIRMAN FIALA: Okay. Very good. Moving on. MR. YOVANOVICH: Thank you. Good afternoon. For the record, Rich Yovanovich on behalf of the petitioner. With me I have several people that can answer any questions that I can't answer. Actually, Luke Vidor is the owner of the property. He's here; Brett Moore, our coastal engineer, is here as well to answer any questions; Christian Andrea, our landscape architect, is here to answer any questions regarding the dune replanting plans; Rich Guzman, who's our residential designer, can answer questions regarding the proposed home on the property; and then Damon Warfel is the contractor for constructing the home should we move forward. I've put on the visualizer an aerial. The property is located at 10381 Gulf Shore Drive. The petition is a request to allow for a Coastal Construction Setback Line variance to allow for a portion of the new home that will be built to encroach seaward of the setback line Page 133 June 28, 2016 by approximately 24.7 feet. The home -- as you can see on the visualizer, there's an existing residence on the home (sic) already. Leo, can you help me zoom -- you know what, I've got a better one. MR. OCHS: Do you want to zoom in? MR. YOVANOVICH: Yeah. I've got a better one for you here I put up there. What we've shown on the visualizer is -- you can see the existing residence, and you can see the structure that's going to replace the existing residence. And there's already an encroachment approximately 46 feet seaward of the Coastal Construction Setback Line that's two stories in height, that extends 46 feet seaward of the line. What the new home will do -- it will do several things for the benefit of the community. One, it will replace an older home with a home that meets all of the most modern hurricane-required codes as well as it will be designed for wave action that results from storms and, should the hurricane come, it will actually be designed appropriately for code; the existing home doesn't. It will also bring back further away from the beach the existing structure by about 20 feet. We've seen the letters of objection. The letters of objection -- if I can, I'll go back to the old -- to the other -- are from the condominiums on the other side of the street over in this area. I don't know how the setback variance that we're proposing to construct would in any way impact their view of the water. I think their real concern that is an older home is going to be replaced with a new home that's going to meet the actual minimum elevations and go a little bit taller. So I think that their impact is from the new home that's going to get built regardless of whether or not the setback variance is approved. Page 134 June 28, 2016 And if the setback variance isn't approved, we'll just simply renovate the existing home and go up and leave everything else where it currently is. Likewise, there's a condominium right there. Those individuals also expressed concerns. They talked about concerns; well, what are you going to see from the beach? Well, what you're going to see from the beach is less than what you see from the beach today. What I really think their concern is -- and I have an exhibit that kind of shows it -- is I think they also are concerned about what the new home is going to do to their views that they currently enjoy over the lower-elevated house. When you look at this exhibit, you'll see that we're actually less of an impact from the two-story structure that impacts their views than the new home or the existing home is. We'll be less of an impact. Now, one of the questions I was asked, what's the height of the two-story portion of the home today? It's 25 feet, 6 inches as it exists today. What's it being replaced with? It's being replaced with an elevated pool, and then -- that's kind of open air, and then you'll have a deck above that pool. Well, the deck of the elevated pool from ground level is 12-point -- 12 feet, 2 inches. On top of that, you have the -- you know what, I have a good exhibit for that, too. I'll read you the numbers, because I'm sure you can't see them. But the top of the pool deck is 12 feet, 2 inches. Then you get to the deck above that; it's another 12 feet, 8 inches. So that's 24 feet, 10 inches, in an area that's already encumbered by a structure that's 25 feet, 6 inches. Now, we do have a rail around the upper portion, but that's, you know -- you'll basically be able to see better from those condominium units because you have an open-air area together with the with the fence that protects the second-story sundeck and balcony, than what's Page 135 June 28, 2016 there today. We're improving what exists today with the structure. We invited all the neighbors to come so they can visibly see where we were pulling everything back. I know it wasn't the best of times, because we were originally going to go to the Hearing Examiner, and then the letters came in. So we invited them to come. Some residents took us up on the offer. And when they saw how the home was actually being pulled back versus what's existing today, I think those people in attendance had their concerns addressed as well as they wanted to make sure that we would be appropriately landscaping the front of the house and that we would be not doing a big box. And the -- I have a good picture of how the home will look. As you can see, we kind of wedding-caked the second floors to make it have view corridors for people across the street. It will be very nicely landscaped. So I think this will, obviously, be an improvement over what's there today. It will be a benefit to the community in that area. Your staff has confirmed that we meet all the criteria for the variance. There are several variances already given in that area as well. And we are asking you to follow your staffs recommendation for approval. And we can answer any technical questions you may have, but that's a brief overview of what we're proposing. CHAIRMAN FIALA: We have a couple speakers. MR. MILLER: Ma'am, I have one registered speaker; Clifford MacMorris. MR. MacMORRIS: Could I use the projector there, please? MR. YOVANOVICH: Sure. MR. MacMORRIS: Good afternoon. My name's Cliff MacMorris, and I represent Vanderbilt Bay Condominiums Association. They've asked me to come here today and speak in behalf Page 136 June 28, 2016 of them. I -- this is a 36-unit, direct -- unit building. It's directly across the street from the subject property. We have a beach-access easement directly to the north of the property. We respectfully ask you to deny the variance request in its current state for the following reasons: Looking at the first slide, this aerial map shows the area of the Vanderbilt Beach directly to the north of the property. This was omitted from the first petition when attempting to establish reasonably consistent and uniform construction line. This map shows that the construction sight line of the adjacent property to the north is at the 1974 CCSL. There's an exception to one smaller apartment building that was built in 1964 and grandfathered prior to establishment of the CCSL. The condominium units, Moraya Bay, which was recently built, Gulf Side, Vanderbilt Shores, and Bay Shores I and II do not exceed the CCSL. The petitioner has identified a wooden lawn chair deck that is three feet high as a sight line at Vanderbilt Bay. This is not a permanent structure. It is low profile and does not constitute a sight line seaward of the CCSL anywhere near compatible to the requested variance. On the second page here, an aerial map that has been filed with the petition and shows several variances. These variances are all from 1976 through 1998, and the homes that were subject to the variances have been demolished. It is our understanding that a variance is no longer valid once a home has been completely demolished, and a new variance must be requested. This has not been done, and any structures over the CCSL are in violation of the zoning regulations or were grandfathered in. The older homes that are seaward of the CCSL are one by one being demolished and the newer homes being built further back. Page 137 June 28, 2016 The last two pages are plans that were part of the original hearing with the hearing commissioner in April and have been omitted from the hearing today. They show living space on the second floor, a roof deck above on the third floor, and expansive covered dock over the pool. These plans are significantly more extensive in scope and scale than any trend in recent construction. As you're aware, the Collier County Land Development Code Section 9.04.03, Section D, states that variances, if granted, will be minimum variance that will make possible the reasonable use of the land, building, or structure. Section E states that granting the variance request will not confer on the petitioner any special privilege that it denied by these zoning regulation (sic) and other lands -- CHAIRMAN FIALA: Sir -- MR. MacMORRIS: -- buildings, or structures. CHAIRMAN FIALA: -- your time is up. MR. MacMORRIS: I thank you for the time that you've given me here today, and my friends and co -- people are --just ask you to consider the whole view of what's going on. Thank you very much. CHAIRMAN FIALA: Are you representing the homeowners out there? MR. MacMORRIS: Yes, ma'am. COMMISSIONER HILLER: Are you part of the homeowner's association, or are you an engineer or professional? MR. MacMORRIS: I'm a professional that works for them. COMMISSIONER HILLER: Okay. So are you -- COMMISSIONER HENNING: Professional what? COMMISSIONER HILLER: Professional, yeah, what? MR. MacMORRIS: I take care of their property. And they were unable to be here, so I'm representing them today. Page 138 June 28, 2016 COMMISSIONER HILLER: Are you a lobbyist for them? MR. MacMORRIS: No, I'm a speaker for them. COMMISSIONER HENNING: Paid. COMMISSIONER HILLER: Is he an engineer? COMMISSIONER HENNING: No. He's paid as a property manager representing the homeowner's association. And Jeff said let it go. COMMISSIONER HILLER: I'm sorry? CHAIRMAN FIALA: Jeff said let it go. COMMISSIONER HILLER: Okay. I just didn't know who he was. CHAIRMAN FIALA: Very good. So I have three lights on right now, and I don't know who came first. I have Henning, Hiller, and Nance. COMMISSIONER HILLER: You can take mine off. I was just asking who was speaking because I didn't clearly understand who he was. CHAIRMAN FIALA: Okay. What'd you say? Commissioner Henning? COMMISSIONER HENNING: The one exhibit that the gentleman put up was on Bluebill Avenue? Do you -- is that -- MR. YOVANOVICH: Yeah. I don't know what he put up, but what I put up is in your packet that shows you where the CCSL line is, and you will see a great number of the homes are seaward of the CCSL as they exist today and as have had a variance provided. Here's the line, and this is the property. COMMISSIONER HENNING: Yeah. The one exhibit, I know it said Bluebill -- Bluebill Drive on it, and I don't know if that -- I don't know that's on the gulf. MR. MacMORRIS: He has my copies. MR. YOVANOVICH: I don't have anything. Page 139 June 28, 2016 COMMISSIONER HENNING: Who's "he"? MR. MacMORRIS: The clerk just pulled my copies. MR. CASALANGUIDA: Sir, I don't see Bluebill. I can show you the exhibits. Do you want to see them? COMMISSIONER HENNING: Okay. That's -- yeah, just put them on the viewer so I can see them. Oh, that's Gulf Drive, yeah; Gulf Shore Drive. Yeah, that the same -- MR. YOVANOVICH: That's why -- COMMISSIONER HENNING: -- same exhibit. MR. YOVANOVICH: Right. MR. CASALANGUIDA: Those are just elevations, sir. COMMISSIONER HENNING: Okay, yeah. MR. YOVANOVICH: I would just want to correct that none of the habitable area is seaward of the line. There's the deck I was telling you about; yes, that's seaward, and there is a little porch -- a little slight overhang seaward for that -- for a balcony, but there's no -- none of the actually habitable structure is seaward of the Coastal Construction Setback Line. It's just the -- the pool area. And the pool will be designed to be breakaway like it needs to be in case there is a storm and all of that. It's -- obviously, you can see it's a high-quality, very expensive home in a very expensive neighborhood. The home is fitting for what's being developed in that area. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER HILLER: Yes. Mr. Yovanovich, please confirm for me, did I read that the construction there has also got a committed restoration of the dune -- MR. YOVANOVICH: Correct. COMMISSIONER NANCE: -- plantings and the shoreline habitat there? MR. YOVANOVICH: Yes. We're doing dune enhancements, Page 140 June 28, 2016 and the appropriate landscaping will be constructed in the area. Christian Andrea can take you through the details if you want to see that but, yes, that's one of the parts of this plan. COMMISSIONER NANCE: Thank you. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yes. Thank you. I just, again, want to have an understanding; the gentleman represents which specific property? MR. YOVANOVICH: The condominiums that I pointed out earlier across the street. COMMISSIONER HILLER: All right. So it's not any property beside? MR. YOVANOVICH: Adjacent, no, sir -- ma'am. COMMISSIONER HILLER: And what is -- I didn't quite understand what his criticism was. MR. YOVANOVICH: I don't understand it either, so I'm not going to try to paraphrase it. He -- I think what he was saying is it's not in keeping with the homes that are already out there. And as you can see from our exhibit, the homes out there already go beyond that and establish a line further towards the water. COMMISSIONER HILLER: Well, it sounded to me like he was suggesting that those properties that were beyond the Coastal Construction Setback Line had not received variances? I thought that's what he was alleging. MR. YOVANOVICH: I don't know, but -- COMMISSIONER HILLER: I mean -- and that's not relevant to this case. MR. YOVANOVICH: They have, in fact, received variances, and you can see that on the exhibit, the exact variance numbers -- COMMISSIONER HILLER: So he hasn't -- MR. YOVANOVICH: -- and when they were issued. Page 141 June 28, 2016 COMMISSIONER HILLER: -- explained what his objection is other than he -- they just don't want it? I mean, for the record. MR. YOVANOVICH: Yeah. I mean, I think it's they don't want the new house that goes along with it because it will be taller because it will have to be taller to meet the minimum elevations, and it's going to impact the view that they've had but will go away, because the house will get built regardless. The accessory structures we're talking about have no impact on the neighbors across the street or the neighbors to the north. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: I'd like a question of staff, please. MS. ARAQUE: Summer Araque, Principal Environmental Specialist, for the record. COMMISSIONER TAYLOR: Just a question. The restoration of the dunes would have to happen regardless, is that correct, whether this variance is allowed or not allowed? MS. ARAQUE: Correct, for any beachfront land development project. So if they came in for -- to redevelop the property, then we would require that whether or not the home was seaward or landward of the CCSL. COMMISSIONER TAYLOR: Okay. And then for Mr. Yovanovich. Mr. Yovanovich, one of the criterias for granting a variance is that not granting it would cause a hardship. What is the hardship this would -- MR. YOVANOVICH: That's not correct. This is -- there are -- COMMISSIONER TAYLOR: One of the criterias. MR. YOVANOVICH: No, that's not one of the criteria for this request. There are limited criteria to go beyond the seaward. Your normal variance, you're correct, but for this particular type of variance, there are only four things you look at, and one of them is not hardship. COMMISSIONER TAYLOR: Jeff? Page 142 June 28, 2016 MR. KLATZKOW: If you go to your packet, Page 75, Commissioners, this comes right out of GMP, Policy 10.4.7. It's in your packet. It requires a hardship, if that's the way you want to go. CHAIRMAN FIALA: Requires a hardship, but there is none; is that what you're saying, Jeff? MR. KLATZKOW: I'm not making the factual determination whether or not there is a hardship. I'm just telling you it's in your GMP as a requirement if you're going to get past the Coastal Construction Setback Line. COMMISSIONER TAYLOR: So if-- our County Attorney disagrees with you, so it does require a hardship. What is the hardship MR. YOVANOVICH: Well, it -- you have two choices. Right -- first of all, I think -- or it says "or for safety reasons." You have an older structure that we'll go ahead to continue to renovate and improve with a 46-foot encroachment seaward of the line, and you will not meet the current DEP and FEMA requirements for construction of the home, which I would think is a safety issue for the neighborhood, or we can construct the home further back, meet all of the new current codes, including all of the codes related to DEP wave action, hurricane requirements, including the pool being a breakaway. So I think we would meet the criteria where it says, "or for safety reasons to allow for the redevelopment of that parcel." And that is what we're moving forward with is another alternative. Your Land Development Code itself talks about four specific criteria where there's an established line of construction seaward, and we've reviewed that and we've met that. And staff agrees that we've met all of the criteria, including the criteria set forth in the Comprehensive Plan for approval of this. It doesn't say just a hardship. It says also, for safety reasons, this can be approved. COMMISSIONER TAYLOR: So you're saying that if you don't Page 143 June 28, 2016 get this variance, you're just going to renovate what's there? MR. YOVANOVICH: We'll put a second and third floor on there. COMMISSIONER TAYLOR: You can't do that -- MR. YOVANOVICH: Yes, we can. COMMISSIONER TAYLOR: -- without raising it. MR. YOVANOVICH: I don't have to knock it down. COMMISSIONER TAYLOR: I mean, FEMA doesn't allow you to do -- I know that -- at least if the City of Naples rules are the same as the county. MR. YOVANOVICH: We have the ability -- and we've looked at this. The first option, frankly, when he bought the property, was to look at renovating it, and it might be in stages to do more development landward of the line, keep what's already seaward, improve it, and enhance it. We looked at that as the first option. We could do that, but the client said, you know what? I really would rather have a new home that meets all of the new hurricane codes and meets, you know, the wave-action requirements for DEP, so let's try this first, and if it's not approved, well, we'll go to Option B, which is to renovate what's already there. That's even more seaward than what he's proposing. COMMISSIONER TAYLOR: Well, unless the rules are different in the county than they are in the city -- and I thought FEMA was the same, and I may be incorrect. There's a percentage of renovation that you have to do -- MR. YOVANOVICH: Correct. COMMISSIONER TAYLOR: -- and at what point you kick into everything has to be to code. MR. YOVANOVICH: We will play the required process of doing the percentages you're allowed to do at each interval to make that happen if we have to do that. I don't think there's any, really, Page 144 June 28, 2016 public benefit in doing that. But if we have to do that, that's what we'll do. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: After this step, you have to take it to the State, correct? MR. YOVANOVICH: We've already got State permits. COMMISSIONER HILLER: Oh, you've already got the State permits? MR. YOVANOVICH: Yes, we do. COMMISSIONER HILLER: So the State reviewed this setback and deemed it to be all right? MR. YOVANOVICH: Yes. CHAIRMAN FIALA: Do you want to make a motion? COMMISSIONER HILLER: Then I make a motion we approve. CHAIRMAN FIALA: I'll second it. COMMISSIONER HILLER: I mean, I don't see how we can deny it if the State approved it already. CHAIRMAN FIALA: I have a motion on the floor and a second. Any further comments? COMMISSIONER TAYLOR: Yes. I just have a question. I'm not sure why we're here if the State's approved it. MR. YOVANOVICH: We also need your approval. We need both. COMMISSIONER TAYLOR: You do? MR. YOVANOVICH: Yes. COMMISSIONER TAYLOR: So the State approved you going seaward of the Coastal Construction Line? MR. YOVANOVICH: Yes. COMMISSIONER TAYLOR: And that's not in our backup. MR. YOVANOVICH: Well, it's -- you know, it's not one of your Page 145 June 28, 2016 criteria. I'm telling you right now the State's approved it, and we meet their requirements. CHAIRMAN FIALA: Okay. COMMISSIONER HILLER: Which is the same. CHAIRMAN FIALA: So I have a motion on the floor and a second. All in favor, signify by saying aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER TAYLOR: Opposed. CHAIRMAN FIALA: Okay. 4-1. Thank you very much. MR. YOVANOVICH: Thank you. Item #10A REPORT TO THE BOARD OF COUNTY COMMISSIONERS REGARDING THE CLERK'S LEGAL DUTY TO FOLLOW THE COLLIER COUNTY PROCUREMENT ORDINANCE AND STATE STATUTES TO INCLUDE THE PROMPT PAYMENT ACT — PRESENTED MR. CASALANGUIDA: Okay. Commissioner, I think that brings you to 10A. CHAIRMAN FIALA: Good. MR. CASALANGUIDA: That's an item brought forward by Commissioner Hiller. COMMISSIONER HILLER: May I proceed? CHAIRMAN FIALA: Sure. Page 146 June 28, 2016 COMMISSIONER HILLER: Thank you. At the last board meeting Commissioner Nance brought forward his concern that the Clerk was not presenting the list of pre-audit -- of pre-audited invoices for the Board's determination that a valid public purpose had been served with respect to those purchases and to authorize spending. And we had a lengthy discussion about why that step was necessary, and I had indicated at that time that I would bring forward at the -- you know, at this meeting, you know, a clear explanation for the benefit of the Board and the community explaining why we have to do what we have to do. To begin, we are bound by existing law. Until it's overturned by a court, it's deemed to be valid. And those laws are state statutes as well as our procurement ordinance. And among the state statutes that govern us, specifically, are, you know, the Prompt Payment Act and 136.06, which addresses that the Board of County Commissioners, that the chair -- you, Commissioner Fiala -- shall sign the checks and that also once the disbursements are made, that the check register comes back to the Board to be entered into the minutes. So I wanted to make sure that, you know, our board understood that we have a valid procurement ordinance that makes it clear that we have to authorize spending and that no disbursements can be made ahead of that and that we have to authorize or declare the validity of the public purpose, again, ahead of any spending, any disbursement by -- or I should say disbursement by the Clerk. And so that's the law that has to be followed, and that is why Commissioner Nance's request at the last meeting was absolutely valid when he asked and continues to ask on our behalf for the list of pre-audited invoices. That should come before us before the Clerk disburses public funds. And I just wanted to make sure you-all knew that. So I just Page 147 June 28, 2016 documented everything so you would have it available for your review. Item #10B M REPORT TO THE BOARD OF COUNTY COMMISSIONERS OF MATERIAL OMISSIONS BY THE CLERK OF COURTS IN THE LIBERTY/BROCK GARNISHMENT ACTION — PRESENTED CHAIRMAN FIALA: Okay. And then you also have 10B, right? COMMISSIONER HILLER: Yep. CHAIRMAN FIALA: Okay. Would you like to proceed? COMMISSIONER HILLER: Yeah. And so with respect to IOB, you know, the Clerk had gone ahead and had made a payment to a subcontractor by the name Liberty, and we had not approved that payment ahead of disbursement, and that payment was made by him pursuant to a judgment against him in a garnishment action where he had a duty to defend against that garnishment and where we were indispensable parties and should have been joined, and we, as a board, directed the County Attorney to intervene in the case and to proceed on our behalf. And what's significant about this -- and there was a statement made by Commissioner Henning about garnishment and -- said that, you know, we as a board -- or as the county can be subject to garnishment, and he mentioned employees. And he's correct. But that is only as to employees of the Board and that, no, there can't be any garnishment against the county in an action like this one, and I attached the case law so you could see it, because it's very important that I believe that we as a board completely understand that we have sovereign immunity as to the type of garnishment action that Page 148 June 28, 2016 Mr. Brock was involved in and should have defended against and should have raised that case law, you know, at that time through his attorney, who is his internal audit manager. So I, again, introduce that for your review and for your knowledge. CHAIRMAN FIALA: Thank you very much. COMMISSIONER HILLER: Thank you. Item #11D STAFF'S REVIEW OF AGENDA ITEM #13B, (CLERKS OF COURTS' DISBURSEMENT REPORT) FROM THE JUNE 14, 2016 BCC MEETING - MOTION TO APPROVE STAFF'S REPORT— APPROVED CHAIRMAN FIALA: We move on now to what, 11D, Leo? COMMISSIONER HILLER: Yeah. CHAIRMAN FIALA: 11D? MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Sorry to interrupt. I didn't mean to. MR. OCHS: No, no, no. MR. CASALANGUIDA: No interruption. We're just following up. MR. OCHS: Yes, ma'am. Item 11D is a recommendation to accept staffs review of Agenda Item 13B from the June 14, 2016, BCC meeting as previously directed by the Board. Ms. Price will briefly present. MS. PRICE: Good afternoon. For the record, Len Price, Administrative Services Department Head. Commissioners, at your last meeting you asked staff to -- or through the County Manager, asked staff to review the disbursement Page 149 June 28, 2016 report that was Item 14B, formerly J2, I believe. We did that, and what we found is that there was at no point that any of those items had actually gone to the Board for approval or for determination of valid purpose. So with that said, I would ask that the Board do that at this time with the exception of that Liberty payment, and -- COMMISSIONER HILLER: No. CHAIRMAN FIALA: Okay. Let her finish, please. COMMISSIONER HILLER: No, of course. MS. PRICE: -- as well as asking the Clerk to please adhere to our -- you know, to the provisions of both the court order and the purchasing ordinance in the future. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah. I read this and I thought, well, you know what, maybe I could be wrong all along in looking at Ms. Price's executive summary and backup material. Now, those are the disbursements, formerly J -- 16J2, and those are the payments that have already been made? MS. PRICE: Correct. COMMISSIONER HENNING: And you said they didn't comply to the judge's -- Judge Shenko's order. MS. PRICE: Correct. COMMISSIONER HENNING: Okay. So the process -- and correct me if I'm wrong -- is what happens -- I'm looking at the order. The invoice is received by the county or the Clerk, and then the Clerk does his pre-audited process is the next step, and then the Clerk places the approved pre-audited expenditures on the Board's agenda for the Board to find that it's a valid public purpose, right? MS. PRICE: However, the Clerk has been putting it on the agenda. He's been asking us to put it on correspondence without making any recommendation. Page 150 June 28, 2016 And, I mean, I'm obviously not an attorney, but to the best of my knowledge, you can't take action on a correspondence item. And so the Board hasn't actually been making that declaration. COMMISSIONER HENNING: Okay. Maybe I'm further confused. The backup material that you provided that you're asking the Board to approve is already expended items. There are already checks written on them? MS. PRICE: That's correct. COMMISSIONER HENNING: Is that right? MS. PRICE: That is correct. COMMISSIONER HENNING: Okay. The things on the miscellaneous correspondence is a different item? MS. PRICE: Correct; that's right. COMMISSIONER HENNING: Okay. So you're talking about the items that have already been expended, already have a check. And the Clerk is saying it's because of Florida Statute 136, and you're saying that now what we need to do is go through this -- well, what we should be doing is go through this process; an invoice is received, the Clerk is supposed to preaudit it, put it on the agenda for the Board to find a valid public purpose, and none of these items were done? MS. PRICE: Correct. COMMISSIONER HENNING: Okay. So on this expenditure report that the checks have already been written is the payroll? MS. PRICE: Correct. COMMISSIONER HENNING: So what needs to happen is the employee needs to provide her time, staff gets that information, gives it to the Clerk, and then the Clerk pre-audited and then put it on the agenda for the Board to approve? MS. PRICE: I think that's the payables report that we've been asking for. Page 151 June 28, 2016 COMMISSIONER HENNING: But that's the process that you're saying that needs to be done, the employee or their boss puts it -- gives the invoice to the Clerk of the time that that employee put on, you know, every other week, and then the Clerk preaudits it, and then the Board finds a valid public purpose, and then a check is written? MS. PRICE: Payroll is not, to the best of my knowledge, included under the procurement ordinance, which is the -- COMMISSIONER HENNING: No, no, no, no. You said the items that we need to approve, that the Board -- that the Clerk needs to preaudit is everything in the backup material which was -- you know, the check was already written, right? MS. PRICE: Correct. COMMISSIONER HENNING: Okay. So can you imagine, if we went through this process, how many employees would be delayed in their paycheck? That's what you're saying, okay. So -- and I'm okay with that. I could sustain myself for a month, I would think, but I can just imagine how many single parents work for this county that depend on that check every other week, okay. Now, if you look at the order it says -- first of all, the order says -- if the order was -- the lawsuit was filed against the County Manager and the purchasing agent for writing contracts $50,000 or under, right? Is that what it is, Jeff? MR. KLATZKOW: Yes. COMMISSIONER HENNING: It has nothing to do with the Board-approved contracts that the Board approved and, furthermore, the Board approves -- well, let me go take one step back. The Florida Statutes says the county administrator, who that guy is right there -- he's the County Manager -- says, shall employ the Board's employees, shall manage the Board's employees, and then your department -- it's your department that puts on the agenda the salary ranges for these employees. The Board has approved the salaries for Page 152 June 28, 2 1 06 these employees. But if you want to invoice the Clerk for the employees, a new process that we've never done -- this disbursement report is -- by Florida Statutes he records it. We can do that. Furthermore, the Board has already approved contracts. And on this disbursement report are payables on that contract. So if you're saying that the Clerk -- he's pre-audited them to the contract. Crystal, is that right? MS. KINZEL: Correct. COMMISSIONER HENNING: He's pre-audited. The Board has already approved it. But if you want to bring it back and further delay paying contractors, I think you should do that. I really think you should do that and see how many contractors work for the county. The whole lawsuit is about the contracts and the purchase orders and all those things that our staff is doing. It's not the things that the Board has already approved or things that are allowed by Florida Statutes. But if you want to go ahead and do that, that's fine. I don't know how many employees would stay with the county if you and Commissioner Hiller want to continue to go down this road. We've already found it's a valid public purpose to pay employees under parameters. We give some latitude because the Florida Statutes allows this. We already approved these things, okay. CHAIRMAN FIALA: Leo, did you have a comment on this? MR. OCHS: Ma'am, again, the staff was directed at the last meeting to go and review the payables report for compliance with the Board's procurement ordinance. That's what we did. And your procurement ordinance says, prior to payment the Board shall approve every expenditure with a finding that such expenditure serves a valid public purpose. Our report back to you, Commissioners, is that in our review of Page 153 June 28, 2016 those disbursements, we could not find one in which the Board made that declaration specifically prior to the expenditure. I'm not suggesting they weren't pre-audited. I'm not talking about the lawsuit. I'm simply reporting back what the Board directed us to do and what we found -- COMMISSIONER HENNING: No. The executive summary calls out for the lawsuit. MR. OCHS: No. I think it references the -- COMMISSIONER HENNING: Procurement. MR. OCHS: -- special order of the judge -- excuse me -- the agreed order and the procurement ordinance. COMMISSIONER HENNING: Right. And that's what I cited is the signed agreement by the judge. MR. OCHS: Yes, sir. But even in that case -- and you may think this is semantics, but I don't believe it is -- the Board has never made the finding that each of those expenditures in the agreed order report serves a valid public purpose prior to those payments being disbursed. That's all we're saying. COMMISSIONER HENNING: That's the one under miscellaneous correspondence, and Len may have made a valid point on that, and that's a different one. Now, our procurement ordinance, if you're saying that our employees has to go through this process of-- before they get a paycheck, you're just -- we're just delaying the whole thing. The whole thing I would hope that everybody wants is trying to speed up the process. You have some latitude under the Florida Statutes, and if we need to change our procurement ordinance, if that's the way you're viewing it, let's do it, because we already gave you the latitude to pay employees, or for employees to get paid for the work that they have performed, okay. Page 154 it June 28, 2016 You know, that -- the Clerk -- Crystal, if we went down this road, would you have to -- would you have to try to verify that the employee -- well, you do through a time card, or if they're salaried, within a certain amount of monies, you already look at that; is that correct? You already audit that? MS. KINZEL: Correct. And maybe I can just help a little bit. I mean -- for the record, Crystal Kinzel, for the Clerk. The executive summary and the staffs assertions that these have not been approved is just blatantly false. I mean, the whole reason that we initiated the original contract item was that our belief is, in fact, that this board must approve the expenditures. That's been our position all along. We do not disburse without the indication that this board has approved. So I'm not sure what they put out there, but I can tell you that their assertion that these items were disbursed without approval is inaccurate. COMMISSIONER HENNING: Well, let me -- MR. OCHS: That's not what I said. COMMISSIONER HENNING: Okay. Well, let me further say if we -- if we really think that we needed to find a valid public purpose before the item's been paid, and you're saying we didn't do that but the items have been paid, we should go over to the Sheriffs Department or the State's Attorney's Office and say, investigate that guy for making payments that the Board didn't authorize. That's what we really need to do, and I'm all in favor of it because I know that we approve the salary ranges of employees. I know that when I reviewed that that we already approved contracts that -- those are paid on, in that report, that have been paid on (sic). Jeff already told us that when you -- the Board approves a contract -- we've already found a valid public purpose, when the Board approves it. Page 155 June 28, 2016 Now, I think the whole thing in the court is when staff approves it, writes a contract, and submits an invoice, when does the Board do the valid public purpose? MR. OCHS: According to your ordinance, prior to the expenditure. COMMISSIONER HENNING: Oh, no. I'm -- prior to the expenditure, right. MR. OCHS: According to your ordinance. COMMISSIONER HENNING: Now, on an unrelated item, which you did say, Len, is the expenditure report that is a hyperlink under miscellaneous correspondence. Where do you want that? Where's the appropriate place to put it on our agenda? MR. OCHS: Sir, that's already been corrected as a result of your action from the last meeting. COMMISSIONER HENNING: Okay. MR. OCHS: If you see your index this time, it's -- that's been addressed. COMMISSIONER HENNING: Okay, yeah. Okay. I mean, those are my comments. Let's speed up the process. This lawsuit will take care of itself. We don't need to muddy the waters. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: Yeah. With respect to the lawsuit, the Court ruled in the end that the process as I describe it in 10A is the process and that, yes, the Clerk has a duty to preaudit, and he has to preaudit within the time frame set by the Prompt Payment Act, which is 10 days, and if there are any exceptions, he's supposed to note those exceptions in writing, and he is supposed to note the solutions to those exceptions in writing within that 10-day time frame. So assuming that it is a valid invoice based on his preaudit, a valid request for payment, then there's no reason that it can't come before the Board and be approved for payment in a timely manner Page 156 June 28, 2016 ahead of disbursement. That's what our ordinance says. Our ordinance is valid. That ordinance, with respect to these type of disbursements, has not been challenged in court, and so it remains enforceable. And it derives from statute, and it's supported by case law, and it has to happen. And so to what you're saying, Leo, if I understand correctly, you're saying that of the 53 million that appeared on the disbursement report, 53 million of what already has been paid by the Clerk ahead of coming to the Board for approval and ahead of coming to the Board for a declaration of valid public purpose, that you have presented these to the Board today to make a declaration after the fact that, in fact, these expenditures, except for the Liberty expenditure, serve a valid public purpose. But we can't ratify the payment or the disbursements, I should say, that have been made by the Clerk at this point because statutorily and by ordinance there is no mechanism to ratify what he has done. But we can make a declaration if we so find that what was listed in there serves a valid public purpose. But we can't ratify the fact that he made the disbursement without our prior approval. MR. OCHS: I don't think we -- I don't think that's what Len read. She did not read a ratification. She asked -- COMMISSIONER HILLER: Well, approving the -- well, we can't -- we can find the valid public purpose, but we can't approve -- you know, we can't, essentially, go back after the fact and say we're ratifying his disbursement -- MS. PRICE: That's correct. COMMISSIONER HILLER: -- without -- okay. MS. PRICE: And that's why I read that into the -- COMMISSIONER HILLER: All right. I wanted -- MS. PRICE: -- record. COMMISSIONER HILLER: -- to clarify that. Page 157 June 28, 2016 CHAIRMAN FIALA: Thank you. COMMISSIONER HILLER: And with respect to expenditures under the 50,000, the Board of County Commissioners has -- is the only body politic that can make the decision with respect to spending. That is a discretionary decision. The Board of County Commissioners has the authority to delegate ministerial acts such as purchasing, and we did so in that purchasing ordinance within very narrow guidance. We have never delegated discretionary spending authority to the staff. And while staff can go out and engage in the ministerial act of the purchase, that has to -- is subject to preaudit by the Clerk and then must come back to the Board again for approval for payment and for a determination that the expenditure served a valid public purpose, and that is exactly what the Court found both in its standing order as well as in its final order, which now the Clerk has decided to appeal. CHAIRMAN FIALA: Okay. Commissioner Nance? COMMISSIONER NANCE: Yes. You know, I'm not an attorney. I worked in operations all my life, and when I arrived at this position, tried to do service to the community I live in. I arrived, and there was a system that we worked -- that we worked through that was presented to me as the system that we were going to use for the process. The process had been established a long time and had been used for years and years and years. And most of the elected public officials when I arrived here had been here for years, so I know that the system has been here, and it's been here for years. I think it's been validated by this court. I've never had anybody tell me that it was a problem over some -- unless there was some individual minutiae point of law that was contested or so on and so forth. The only thing I know is that with all these lawsuits, the millions of dollars that have been spent with the Clerk suing the Board Page 158 June 28, 2016 and the Board having to respond with a defense, it's just costing the public millions of dollars. The process -- or whether the process is tweaked one direction this way or one direction that way, has got no material benefit to the citizens of Collier County. They are completely unaware of it. I don't think there's ever going to be any benefit to them one way or the other. The only fiscal cost is the cost of these incessant lawsuits and this incessant argument that sucks up staff time. So I think it's ridiculous, and I think it's an incredible shame that the Clerk of Courts can't cooperate with the Board of County Commissioners. And that's all I have to say. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Yeah. Jeff, Judge Shenko's ruling, since it's contested going up to the Second DCA, that ruling is not final, right? I mean, it's a stay. I mean, it doesn't mean anything except for it's under review. Tell me how that -- MR. KLATZKOW: Well, no. I mean, the parties have entered into an agreed order as far as this process goes. COMMISSIONER HENNING: Right. That's everybody's -- but Commissioner Hiller says Shenko's ruling dictates how the process is. MR. KLATZKOW: I think the agreed order dictates that is the process. This is something the Clerk agreed to. The Clerk is reading that agreed order differently than I am. COMMISSIONER HENNING: What -- that's a new twist that I haven't heard. MR. KLATZKOW: That's the only explanation I can come with. Commissioner, this is a simple process. COMMISSIONER HENNING: Yeah, it should be. MR. KLATZKOW: This is a simple process. We've been doing this process for ages here. I mean, the Clerk gives a report to the Page 159 June 28, 2016 Board of County Commissioners of pending invoices that he has audited, the Board finds a public purposes, the Clerk then disburses. COMMISSIONER HENNING: Well, your statement is you read it the -- the agreed upon order, agreed upon, is different than what the Clerk is, so -- MR. KLATZKOW: The Clerk is bifurcating -- has bifurcated his reports. I'm not entirely sure what the Clerk is doing, to be honest. I mean, I've never seen these things on correspondence before, but... COMMISSIONER HENNING: Well -- okay. We've handled that. So I'm trying to understand your comment that your read of the agreement is different when the Clerk is -- MR. KLATZKOW: My reading of the agreement would be that the Clerk would file one report to the Board, these are the invoices that I have pre-audited. They're ready for the Board's review. The Board will review them, find the public purpose. After that part, everything would get paid, and the following meeting you get a disbursement report. That's how I think the process was intended. COMMISSIONER HENNING: And that's -- so what are you seeing different then? Because that's what I'm seeing except for the Board asked for more information that -- that's on the agenda but it's never been approved. What -- what are you seeing on there that I'm not? MR. KLATZKOW: Commissioner, that's just the process that I see that should be followed, and I don't know why we're fighting about it. COMMISSIONER HENNING: Well, I think we are. And I'd like to know, Commissioner Nance, where are the million dollars that we're spending. Are we spending a million dollars, millions of dollars on this lawsuit? COMMISSIONER NANCE: Whatever money we're spending, sir, is a waste of money. That's all I'm saying. Page 160 June 28, 2016 COMMISSIONER HENNING: Okay. COMMISSIONER NANCE: We can go figure out how much it is. It's just a waste of money. It's got no material benefit. What's the benefit to the public? However this is going to be resolved, what's the benefit? There's no benefit. COMMISSIONER HENNING: Well, are you asking me, or are you asking the Clerk? COMMISSIONER NANCE: No. I'm just saying that's my opinion. I think it's a total waste of time and money. I don't see what the public's getting out of it. And it seems to go on and on and on and on and on, regardless of who is in this seat. CHAIRMAN FIALA: And the sad thing is, we used to all do it one way, everybody -- COMMISSIONER NANCE: And there wasn't any problem. And all of a sudden, what happened? The gravitational field moved or what? I don't know. MS. KINZEL: And, Commissioner Fiala, just for the record, I, obviously, don't want to belabor this issue. It is in continuing litigation, but I just want to put on the record, again, we are following Judge Shenko's order. It was agreed upon. This board has seen this on the correspondence items since July 20th of last year. These have been agreed upon with that order. We believe we're following law; we're following the order. I don't know why this item continues to be raised. I can only say and continue to say that what Commissioner Hiller puts on the record, we -- I do not see that that is correct or accurate. It is not what we have been doing, and what's been portrayed in this executive summary regarding the disbursements is just not true. So I regret that perhaps this board's being mislead by that action. We did have a very simple process for approval. What changed was staffs authority for signing contracts outside of this board's approval, Page 161 June 28, 2016 which is what we have continued to say we would -- we believe is -- according to the law, they must -- that it must come to you. So I don't -- you know, I don't want to continue to argue. I agree with you, we have this item on the agenda each and every time. It's in ongoing litigation. And thank you for the opportunity to comment. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: Yeah. We have a local ordinance that is valid law, and that valid law prescribes the process that our county attorney just articulated. The Clerk is not following that law. We have a standing order which describes the process, and it addresses those expenditures under 50,000, which is the same as our ordinance with respect to all expenditures, whether it's zero to 50 or 50 and above, and it's exactly as the County Attorney describes, and the Clerk is not following it. It's that simple. And what the County Manager said is true and what Commissioner Nance has said is true. Commissioner Nance said we must receive the list of pre-audited invoices for our review for our approval for spending for payment on those expenditures and for the declaration of public purpose ahead of disbursement, and what the County Manager said is true, that the 53 million was disbursed by the Clerk without Board approval. It's as simple as that. CHAIRMAN FIALA: Okay. Commissioner Henning. COMMISSIONER HENNING: Well, with that said, I'm going to make a motion that we send concerns over to the Sheriffs Department to investigate the Clerk's spending prior to the Board approving those items, because he doesn't have the right to do that. Even though I disagree with staff, let it be investigated. And if he's done that, throw him in jail. Throw him under the jail. I don't care. But this item on the agenda over and over to help one candidate for Clerk of Court, that's against Florida Statutes. So that's my motion. MR. OCHS: Again, Commissioners, for the record, this staff was Page 162 June 28, 2016 directed by a majority of this board -- COMMISSIONER HENNING: Oh, I'm talking about those items on -- Commissioner Hiller's items. MR. OCH S: Okay. Thank you. COMMISSIONER HENNING: And that's unprecedented. We've never had a County Commissioner's item on the agenda, 10, 11 -- oh, no, it was 9, 10 -- on the agenda without specific recommendations. It's never been done. COMMISSIONER HILLER: Oh, you -- COMMISSIONER HENNING: Since I've on the Board of Commissioners. COMMISSIONER HILLER: You've done it yourself. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yes, thank you. CHAIRMAN FIALA: And let's finish this up, huh? COMMISSIONER HILLER: Yes. And it is very important to state that, you know, I am a county commissioner. I continue to function as a county commissioner until the end of November of this year, and I will not be silenced with respect to these issues, issues that, in fact, were brought forward as a result of another commissioner, in this case Commissioner Nance, as a result of our county manager, and as a result of the Clerk's own either action or inaction as the case may be. If I want to comment and I feel the need to comment and do so on the public record, I will as a county commissioner with respect to these issues brought forward by these other parties. And I will not be intimidated by you or threatened by you and told that I am not allowed to speak to these issues in order for you to attempt to politically try to prevent me from bringing the truth out in a public forum, and that is exactly what you're trying to do every single time -- Page 163 June 28, 2016 COMMISSIONER HENNING: That isn't what I said. COMMISSIONER HILLER: -- you use the word "politics." So I'm very sorry. It's very unprofessional of you and inappropriate. COMMISSIONER HENNING: No, that isn't what I said at all. Besides, when we have board communication, that goes under miscellaneous correspondence. It doesn't go on the Board standing up on your soapbox. CHAIRMAN FIALA: Okay. Let's move on. We're not accomplishing anything but bickering, and I think it's time we move on to our next subject. We haven't accomplished anything here anyway, so let's move on. MR. OCHS: Did the Board take any action on this item or -- CHAIRMAN FIALA: No. What is the action to be taken? COMMISSIONER NANCE: Recommend to accept the staffs review. We asked you to do the review, right? MR. OCHS: Commissioners, the recommendation is the Board, except for the disbursement made to Liberty Concrete, find that such expenditures served a valid public purpose. COMMISSIONER NANCE: I move to accept the recommendation and approve. CHAIRMAN FIALA: I second. All in favor, signify by saying aye? COMMISSIONER HENNING: I've got a question -- I've got a statement. We are finding that it does meet a valid public purpose after the Clerk has already spent the money? I can't support that. COMMISSIONER TAYLOR: I can't either. I've been quiet. This is -- MR. OCHS: Yes. The Board has, I think, tried to comply with your ordinance by requesting that pre-audited payables of all of the potential, or pending payables that would be disbursed, but since last November you haven't been able to get what you've asked for there. Page 164 June 28, 2016 That was supposed to be the forum to allow you to do what County Attorney described as the process, but so far we haven't had success with that. COMMISSIONER HENNING: I'm done. CHAIRMAN FIALA: So we have a motion and a second. Any further comments? Yes. COMMISSIONER HILLER: Do we -- I mean, in light of the fact that the Clerk has made the payment in violation of the local ordinance and in violation of the standing order, at this point in time, Jeff, if we took no action -- I mean, I don't see how, you know, making a finding now after the fact -- I mean, we can, but it's not appropriate. I mean, it's not in conformity with the ordinance. I mean, we've got a problem, and I'm not sure, to use your expression, how you unscramble this egg since the Clerk already made the payment and, you know, violated the process and the law. MR. KLATZKOW: If you're asking me does this item mean anything, the answer is no. COMMISSIONER HILLER: Okay. MR. KLATZKOW: If you vote against it, it doesn't make a difference. COMMISSIONER HILLER: So the bottom line, the conclusion we come to is that based on -- so -- COMMISSIONER TAYLOR: Forty-five minutes. COMMISSIONER HILLER: So, essentially, what we -- based on staffs presentation to us is that they have reported that 53 million was disbursed by the Clerk ahead of the Board's determination that those disbursements serve a valid public purpose and that we had authorized spending. I mean, that's basically the conclusion we come to. So we accept their report, which, you know, includes the Liberty check that was disbursed by the Clerk, correct? MR. OCHS: That is our report. Page 165 June 28, 2016 COMMISSIONER HILLER: Okay. So we just -- so there's really no action. COMMISSIONER NANCE: Just make a motion to accept the report. Look, we asked them to make the report. They gave the report. Let's take the report. Whatever happened or hasn't happened, all we're doing here is standing in a bucket and trying to pick ourselves up by the handle, okay. So that's my motion. CHAIRMAN FIALA: Okay. And I seconded it. All in favor, signify by saying aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: And opposed? COMMISSIONER HENNING: Aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN FIALA: Okay. So we have the same 3-2. Okay. Item #11E RESOLUTION 2016-147: THE COLLIER COUNTY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) 5-YEAR CONSOLIDATED PLAN FOR FY 2016-2020 TO INCLUDE A REVISED CITIZEN PARTICIPATION PLAN, THE NEEDS ASSESSMENT, THE FY2016-2017 ONE-YEAR HUD ANNUAL ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIPS AND EMERGENCY SOLUTIONS GRANT PROGRAMS, INCLUDING THE RE-PROGRAMMING OF FUNDS FROM PREVIOUS YEARS FOR CDBG AND HOME AND ESTIMATED CDBG PROGRAM INCOME; APPROVE THE Page 166 June 28, 2016 RESOLUTION, HUD CERTIFICATIONS, AND SF 424 APPLICATION FOR FEDERAL ASSISTANCE, AND AUTHORIZE TRANSMITTAL TO THE HUD — ADOPTED MR. OCHS: Okay. So, Commissioners, that takes us to Item 11E, which was previously Item 16D23, and this is a recommendation to approve the Collier County Department of Housing and Urban Development Five-Year Consolidated Plan for Fiscal Years 2016-2020, including the Annual Action Plan for FY2016-17. This item was brought forward at Commissioner Fiala's request. CHAIRMAN FIALA: Yes. And I think everybody read it, so they really know. And I got some very nice comments or explanations from Kim Grant, which was nice. The reason I wanted it to be pulled, it's the same thing I've mentioned, but now we've got a five-year plan to dispose of, what, $2 million, 2 million, whatever it is. And the thing is, we went to the same agencies and asked them what they needed, and they told us what money they needed to fix whatever they wanted. Most of them -- I think all of them were not-for-profit, right, and that's fine. MS. GRANT: (Nods head.) CHAIRMAN FIALA: But, you know, none of the not-for-profits represent some of the things we've been talking about in four of our districts. Golden Gate, they really need sidewalks, and they need streetlights, and -- but nobody comes up and says we need sidewalks on so and so road or streetlights on so and so. Same with Immokalee; we've heard Immokalee loud and clear. They need streetlights because of some of the elements there, again. Then we go into Naples Manor. Well, there's nobody in Naples Manor that says, please give us streetlights or sidewalks. There's nobody representing them, and none of these agencies do. They represent a certain group of people. Page 167 June 28, 2016 And being that this is for five years, I was -- the reason I brought it up is if nobody represents these groups, same with on Bayshore and Thomasson and in the Triangle, who's going to represent them? And I'm just saying that maybe instead of just, you know, giving this money to all the not-for-profits right now, maybe we should take a look at some of the -- some of our needs that have been there for a long time that we have nobody representing so don't even know what the needs are. And I'd be happy to take you for a ride and show you some of those needs, because nobody represents them. And I bring that up only because I'm trying to fill an unmet need rather than some of the other things in here. Is -- am I asking wrong? MR. OCHS: No, ma'am. If we could just present the projects that are recommended for the next fiscal year, that might shed some light on this, and then we have some supplemental information from your growth management staff. Kim? MS. GRANT: Good afternoon, Commissioners. Kim Grant, director of Community and Human Services, for the record. Nick, would you please put the -- this up on the screen. CHAIRMAN FIALA: Is that 23 or 26? MS. GRANT: Commissioners, the --just for clarification purposes, we're presenting both a five-year plan and a one-year plan. The five-year plan is the broader overview of what the priorities are and so forth. The spending plan is just for one year. What you have here in front of you are the projects that are being recommended for CDBG, and the top projects are -- fall into the category of what's called public services, our Legal Aid Society, Boys & Club, you know, performing general services in our community. Under public infrastructure, you'll see that we are funding the City of Naples as we typically do. They are an entitlement city. Page 168 June 28, 2016 We have two projects going to the Bayshore CRA. One is a stormwater improvement project, and one is a fire suppression project, both of which are very needed in that community. Habitat for Humanity, we're recommending funding infrastructure for Phase 4 of their Faith Landing project out in Immokalee. And in Immokalee we're recommending funding sidewalks of$475,000. CHAIRMAN FIALA: I love seeing that, by the way. That was great. MS. GRANT: Yes, and that was -- you know, this -- in public facility, you'll see some additional projects. Catholic Charities is doing a building renovation of their community center right near this center here. The Shelter for Abused Women and Children are doing some security improvements, and the David Lawrence Center out in Immokalee is upgrading their facility in order to be able to serve additional people. And also out in Immokalee we will be recommending funding of a rehabilitationJ ro'ect for some low- to moderate-income apartments p p out in Immokalee. This is CDBG. I could go through HOME and ESG as well. CHAIRMAN FIALA: Well -- MR. OCHS: Also, if we could get Ms. Scott to come up and talk about our other sidewalk and street-lighting initiatives. CHAIRMAN FIALA: That would be great, because what I'm just trying to do is fill an unmet need. It's not that I'm trying to pick anything apart, but I didn't -- I saw the CRA sidewalks. That was a wonderful thing in Immokalee. I think that's great. And I don't know much about the fire suppression infrastructure. They must mean -- they just mean -- MR. OCHS: Replacing -- COMMISSIONER TAYLOR: Hydrants. Page 169 June 28, 2016 MR. OCHS: Replacing old water mains and -- COMMISSIONER TAYLOR: Hydrants. MR. OCHS: -- dated fire hydrants. CHAIRMAN FIALA: And that's needed; you know, don't get me wrong. I'm not saying these aren't needed, but I'm just saying, how do we get these other things done? This is the only way I knew of. MS. SCOTT: If I may, for the record, Trinity Scott, your transportation planning manager. And I can certainly speak with regard to the sidewalks, and we do have other support here from growth management staff with regard specifically to street-lighting. We pursue many different types of grant funding with regard to sidewalks. And if you'll recall, I believe at your last meeting, you just approved an after-the-fact for the TIGER grant, $13 million. And so from a staff perspective, we really focused heavily on our TIGER grant projects. Next year we have six FDOT-funded projects that we'll begin design that are in various areas. Some are in Golden Gate City. There's a few that are in North Naples. CHAIRMAN FIALA: Tell me what they are. Are they answering any of these feet-on-the-ground things that are needed? MS. SCOTT: Absolutely. In Fiscal Year '15/'16 -- all of these are sidewalks. In Fiscal Year '15/'16 -- CHAIRMAN FIALA: But where? MS. SCOTT: We have sidewalks in East Naples, Lombardi Lane. CHAIRMAN FIALA: I'm not so much asking for my district. I'm asking for all four districts. MS. SCOTT: Right. So -- and next fiscal year we have 49th Terrace Southwest, which is in Golden Gate City. We have Vanderbilt Beach Road. We have two other projects that are in various locations Page 170 June 28, 2016 in Golden Gate City. North Naples sidewalks at various locations. That's a few others that are in the Naples Park area. We have Sunshine Boulevard, which is also in Golden Gate City. So that's coming up in our next fiscal year, '16/'17. CHAIRMAN FIALA: Do you have any going into Naples Manor, by the way? MS. SCOTT: No. These are all projects that were funded through various grant opportunities over the past couple of years, so -- but we're actively pursuing them. And as Kim mentioned, these funds are for next year, '16/'17. And the funding plan is only for an annual basis, so we will be working with our folks who do street-lighting as well to look at what opportunities we have for '17/'18. CHAIRMAN FIALA: I've talked to you, too, about the streetlights. And just for anybody who's curious about why I'm so concerned with streetlights, the most important thing you can do in a crime-filled area is shine lights on it. If you -- these kids have to walk home in the dark, and mostly -- like in many of these areas that you're just mentioning, they not only don't have sidewalks to walk on, but they don't have streetlights. It's very dangerous for them. And we put nice things in the nice parts of town, and the places that need it most we kind of forget about. And that's what I'm saying is, I'm just making a cry for the people who aren't mentioned. And I would love it if maybe when you go next year to ask for -- you know, it says here how you had to choose -- chose a company that would pick out all the needs, then they called these companies and to say what do you want, could they call some of us whose districts these things are in that don't have anybody speaking for them? MS. GRANT: Yes. Commissioner, thank you for the question. Allow me to clarify. Page 171 June 28, 2016 The third-party company that we hired performed the needs assessment identifying the needs in the community. Separate from that but building on that is our application round, which is a publicly noticed application round. We do not go out and, you know, say, hey, Immokalee CRA, we want to give 475,000. Certainly, we have partnerships, we talk with people, but they come through. We put out, essentially, an RFP. There's a deadline. They have to come in, go through the process, and be scored. So I think what we ought to do, based on your feedback -- and Trinity mentioned it as well -- is we can work over the next year with our counterparts for them to develop some applications to be submitted into the process next year. CHAIRMAN FIALA: Well, say, for instance, you don't have a counterpart -- the only one I can think of offhand -- you don't have one on -- well, maybe you do on Sunshine Boulevard. I don't know that. Do you have a counterpart that tells you about streetlights? Obviously, you haven't because they've been sitting there for 20 years without any streetlights, but the crime keeps rising. Do we have anybody that is going to mention that to you; any counterpart? MR. OCHS: I'm going to ask Mr. Khawaja to speak to the lighting program. CHAIRMAN FIALA: And I'm sorry if I'm belaboring this, but it's the only opportunity I have -- MR. OCHS: Sure. CHAIRMAN FIALA: -- to try and help some people. MR. KHAWAJA: For the record, Tony Khawaja, traffic operation engineer. Commissioner, we looked at the Manor, we looked at Naples Park, and we looked at Golden Gate City. May I -- MR. OCHS: Sure. Page 172 June 28, 2016 MR. KHAWAJA: These are the streetlights in Naples Manor. Pretty much all the infrastructure that's existing today have streetlights on it. We rent those from FP&L. And there is lighting districts that pays the energy costs for these -- CHAIRMAN FIALA: There's that many streetlights in there? MR. KHAWAJA: Yes. Each one of the dots is a streetlight. CHAIRMAN FIALA: Oh. MR. KHAWAJA: And all the infrastructure within that community is covered. The next level, if additional street-lighting are needed, becomes a lot more expensive process. You would need a lighting system, which means you need to run conduit, you know, you need to run pole boxes, you need to put aluminum poles and a full streetlight design, and also maintenance costs that would go with that. We also looked at Golden Gate City. CHAIRMAN FIALA: Good. MR. KHAWAJA: Each one of those dots represents a streetlight within the community. Again, I'm not saying that more wouldn't be better. The thing is, most the infrastructures where existing poles are is already lit. And, again, they have a lighting district which pays for the energy cost of that community. If any specific additional locations that they are interested in, we would work with the community to tell us what other additional locations they might have. If we need to do the next level, again, you would need a lighting system, you would need to pull boxes, and it would be a very expensive process. We did the same thing, Naples Parks, may I? CHAIRMAN FIALA: How about Immokalee? Naples Park, you know, that's slowly becoming very beautiful, and so that isn't -- you know, it's not high-crime area. Page 173 June 28, 2016 MR. KHAWAJA: I agree. CHAIRMAN FIALA: But what I'm trying to do is -- COMMISSIONER HILLER: What about Immokalee? CHAIRMAN FIALA: Yeah, what about Immokalee? MR. KHAWAJA: Immokalee we work with the CRA. We just added two additional -- two additional lights that they needed. They needed a crosswalk, and they needed some lighting. We're working with Lee Electric to get those installed. Again, we rent those. Those are part of the process. The CRA can tell us what additional location. If the infrastructure exists, we will definitely work with them on adding those lights. But again, we need to work with the community. CHAIRMAN FIALA: I wonder if the infrastructure doesn't exist. MR. KHAWAJA: I'm sorry? CHAIRMAN FIALA: I wonder if infrastructure doesn't exist. MR. KHAWAJA: Right now we -- traffic operations does not have the budget to install new lights at facilities that -- where infrastructure -- CHAIRMAN FIALA: That's why I'm looking for the CDBG dollars. MR. KHAWAJA: I understand. That's a good idea. COMMISSIONER HILLER: Where's the map for Immokalee? MR. KHAWAJA: I don't have one for Immokalee city, I'm sorry. COMMISSIONER HILLER: You don't? MR. KHAWAJA: No, I did not bring -- COMMISSIONER HILLER: It's not a city. MR. KHAWAJA: Immokalee community. COMMISSIONER HILLER: Yeah. Can you get us one so we can see how much lighting there is in Immokalee? MR. KHAWAJA: Absolutely, I could do that -- COMMISSIONER HILLER: Thank you. Page 174 June 28, 2016 MR. KHAWAJA: And I could forward it to you. COMMISSIONER HILLER: Thanks. CHAIRMAN FIALA: Thank you. That's what I'm saying is, if we don't have the money to put in these safety features -- and it's all about safety here. MR. KHAWAJA: Absolutely; I understand. CHAIRMAN FIALA: And especially, you know, it gets dark really early in the wintertime, and it get's -- I mean, I wouldn't drive in a lot of these places by myself at night. And so if you could -- you know, I'm looking for lights from some of these other places that maybe they're -- maybe they're filling their own agency needs, but maybe we need to get out there where people don't speak for themselves is my whole point. MR. KHAWAJA: Yes, ma'am. CHAIRMAN FIALA: Okay. I'm sorry if-- MR. KHAWAJA: We'd be glad to work with the community. CHAIRMAN FIALA: -- I'm upsetting anybody, like -- you know, some of the faces don't look very kindly, but that's -- I'm just trying to cover some spaces that aren't covered. MR. KHAWAJA: Understood. CHAIRMAN FIALA: Okay. Now, can we -- will we be able to address that? MS. GRANT: Again, as I said a few minutes ago, absolutely; we'll work with our county counterparts here, and we'll see what can be developed as an application into next year's process, or multiple applications. CHAIRMAN FIALA: Okay. With your counterparts, county counterparts; who are they, please? MS. GRANT: Mr. Khawaja, who was just here; Trinity; the people who are associated with the planning and understand what the county is responsible for for lighting and for sidewalks. We'll see what Page 175 June 28, 2016 projects are on the horizon that they don't have funding for, and then we can collectively put some projects together. CHAIRMAN FIALA: Great. It serves the population you serve, and that's what -- MS. GRANT: Yes. CHAIRMAN FIALA: -- I'm trying to do, and it meets the bill for the CDBG funds. Tony, maybe you and I can go for a ride, and you and Commissioner Nance can go for a ride, and you and Commissioner Henning can go for a ride, and you could -- we could show you some of the areas that we're concerned with. Same with Commissioner Taylor. COMMISSIONER HENNING: You could have lunch and -- CHAIRMAN FIALA: Yeah, lunch and everything, except it has to be at night. COMMISSIONER HENNING: Well, dinner then. We'll have dinner. I know some great restaurants. CHAIRMAN FIALA: Thank you very much for understanding my concern. MS. GRANT: Sure. Of course. CHAIRMAN FIALA: Oh, yes. Commissioner Hiller. COMMISSIONER HILLER: Yeah. My concern -- and I raised this over and over again -- is Immokalee not having sidewalks and not having lighting. And I think what we need is a map that shows where are the sidewalks in Immokalee, you know, where is the lighting in Immokalee. And as far as the CRA applying, we're the CRA. I mean, we have a CRA advisory board, but we are the CRA. So, I mean, if the direction to you for grant funding needs to come from this board, then maybe that's what we have to do to achieve your objective, because it's not through the advisory board that the application should be made. Page 176 June 28, 2016 It's through us. MS. GRANT: And the applications that we did receive this year from both the Bayshore and the Immokalee CRA were approved by the Board of County Commissioners -- COMMISSIONER HILLER: By us. MS. GRANT: -- acting as the CRA boards. Yes, that's correct. COMMISSIONER HILLER: And so that's my point. So my point to Commissioner Fiala is, you know, who should be directing this; it's us. CHAIRMAN FIALA: Okay. So could you then notify us when you begin to take your survey for the next round of dollars that could be spent on other things besides what the agencies would do? COMMISSIONER HILLER: And -- MS. GRANT: Sure. COMMISSIONER HILLER: Yeah. And I think CDBG funding can go to even more than sidewalks and lighting, because we do have a dedicated pool of funding that is going to housing specifically. So to the extent that we can improve the neighborhoods where we are providing these affordable homes, it all needs to work in tandem. It shouldn't just be homes, and then the rest of the infrastructure needs of the neighborhood is ignored. I mean, I think what we want is that everything grows together on multiple levels. MS. GRANT: From my perspective of overseeing the programs, I completely agree. And when you put the picture together, you're looking at a variety of things that are going to be funded from the different programs. COMMISSIONER HILLER: Exactly. MS. GRANT: So, yes. COMMISSIONER HILLER: Well, I think in order for us to make the right decisions we need, you know, as much input as possible. Just -- I really like what Tony did when he presented the Page 177 June 28, 2016 maps with the lights. That's, like, really -- that tells us, you know -- COMMISSIONER TAYLOR: That brings the light -- MS. GRANT: Shed a light on it? COMMISSIONER TAYLOR: -- to the picture. COMMISSIONER HILLER: Yeah, it shed -- yeah, it did. Yeah, no pun intended. It did -- turned on the lightbulb. MS. GRANT: Yes; got it. CHAIRMAN FIALA: Thank you. I appreciate that, and I appreciate that you'll be contacting us the next time you're beginning to take your survey. That would be nice. MS. GRANT: Sure. CHAIRMAN FIALA: Good. Thank you very much. Okay. MR. OCHS: Could we have a -- COMMISSIONER HENNING: Motion to approve. MR. OCHS: Thank you, sir. COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Pardon me? Oh, yeah. Thank you. Motion to approve and a second. All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Oh, my goodness. I missed a couple people here. Sorry about that. Okay. We move on then to -- Leo? Item #15 Page 178 June 28, 2016 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Yes, ma'am. That takes us to Item 15 on your agenda, I believe, staff and commission general communications. Commissioners, I just have one follow-on item. At your June 14th meeting, Commissioner Henning brought up an item regarding the status of the MOU or the agreement between the Board and the Southwest Florida -- excuse me -- South Florida Water Management District regarding the CERP area in the Picayune Strand State Forest. We were asked by the Board to invite the district to come and address the Board on -- and give a briefing on that issue, so we did. I've got -- I received this letter back recently from Ms. Koehler, the basin administrator, requesting more time. They apparently, in conversation with her -- and I don't want to speak for her, but the district's permit to operate the pump station out there requires that they enter into a memorandum of understanding with the State Division of Forestry, which they're in the process of completing that negotiation for that MOU, and she indicated that they were working to complete that before they came to the Board to provide a status update to the Board. And that's the information I've received to date. CHAIRMAN FIALA: Is that pumping station for stormwater or for sewage or -- MR. OCHS: No. It's rehydration of that south blocks area. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. You know, my concern is, this -- that whole agreement's going to get lost. I would like to see the Corps -- or not the Corps -- the district bring something in our September meeting. The -- I don't know. Should that be a motion by the Board is for the chairman to write the district supervisor a letter asking to present to the Board in the September meeting on the maintenance of the roads? Page 179 June 28, 2016 MR. OCHS: That would be my suggestion, yes, sir. COMMISSIONER HENNING: That's my motion then. COMMISSIONER NANCE: I'll second it, sir. CHAIRMAN FIALA: Okay. It's a great motion. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Great. COMMISSIONER HILLER: Can I mention one thing on this letter? CHAIRMAN FIALA: Well, let me see if he's finished. Were you finished, Commissioner Henning? COMMISSIONER HENNING: Yes, thank you. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: I want to mention to the motion that we just had passed, one of the concerns I have is that that agreement that exists really is impossible to perform, and the reason is, as I see -- and I would really appreciate if when they come to do the presentation they would address this issue. We have the whole Everglades restoration project. And if they were to raise the road beyond its current level rather than merely to maintain it to the point, you know, where the potholes are filled and it's kept graded, my concern would be that it would interrupt the sheet flow that currently exists with respect to that whole restoration project. I'm not sure that what was originally intended to make those roads passible no matter what is possible in light of where we are today with Page 180 June 28, 2016 that project. Of course, and the financial feasibility. But setting aside financial feasibility, I just don't think it's possible because of the Everglades restoration plan as it exists. And I would just like that addressed. And maybe it is, but I'm not sure that it is, and I would like that answered when they come back, if you could mention it. CHAIRMAN FIALA: Commissioner -- COMMISSIONER HENNING: Well, I mean, they're going to say they can't do that. I already know Rick Barber has told you that. He said to me the same thing. You could put culverts under the road and get the water from one side to the other. That's what they're doing with U.S. 41 is they're putting more culverts in. CHAIRMAN FIALA: And 92A, if we ever get there. COMMISSIONER HENNING: Yeah. I mean, you know, that's an excuse not to take responsibility for actions, promises, commitments, contracts, is, oh, we can't do it. Well, that's hooey. How can we do it? CHAIRMAN FIALA: Okay. Commissioner Nance? COMMISSIONER NANCE: Commissioner Henning, the conundrum we have here, though, is what we did was we relinquished our ownership of those roads in exchange for this commitment. But what we have here is you've got a problem. You've got a federal agency that's in authority, and you've got a state agency division of authority that's charged with the responsibility of managing the unit, and then you've got a third unit, which is the Southwest Florida Water Management District that owns the land. So if you can sort that out, I'll call you Houdini. Everybody's going to be going like this (indicating). COMMISSIONER HENNING: I know, but I could take some of that away for you. It's already the understanding that Fish and Wildlife Page 181 June 28, 2016 there's going to be primary and secondary roads that will be maintained for -- COMMISSIONER NANCE: Management? COMMISSIONER HENNING: -- all season. COMMISSIONER NANCE: For management? COMMISSIONER HENNING: For their management of it. COMMISSIONER NANCE: Well, we may be onto something if we go that route. COMMISSIONER HENNING: Now, I don't know what -- the Corps' understanding of it, because they're the actual ones that is doing the construction. COMMISSIONER NANCE: Yeah. They're ripping roads out. COMMISSIONER HENNING: And they should be ripping roads out, but the roads that are standing, the primary, all-weather, all-season, I don't know what their understanding is of it, so -- maybe Rick Barber can tell us or something like that. MR. OCHS: Yes, sir. CHAIRMAN FIALA: Okay. MR. OCHS: That's all I had, ma'am. CHAIRMAN FIALA: Okay, very good. Excuse me. How about County Attorney? MR. KLATZKOW: County Attorney has nothing, ma'am. CHAIRMAN FIALA: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: Yes, a couple of things. One of the things I wanted to bring to this commission is regarding the possibility of creating an against-all-odds award. This would be awarded at the discretion of this board to folks; no age required. No minimum, no maximum. No -- it doesn't matter; male, female, it doesn't matter. But these individuals have overcome odds and surmounted the Page 182 June 28, 2016 challenges that most of us have not faced. These individuals have, in spite of their circumstances, given back to the community in a selfless way, and these individuals are folks that inspire us to do more, as we would like to do more, and these are individuals we'd like to acknowledge. COMMISSIONER NANCE: Well, that's like a proclamation, isn't it? COMMISSIONER TAYLOR: Well, that would be -- that would be the criteria for against all odds. COMMISSIONER HILLER: What'd she say? COMMISSIONER NANCE: Against all odds. COMMISSIONER TAYLOR: Against all odds award. CHAIRMAN FIALA: A program called Against All Odds, and then give an award. I don't know if it's every meeting or what. COMMISSIONER TAYLOR: To give to individuals who inspire us because of-- COMMISSIONER HILLER: Adversity? COMMISSIONER TAYLOR: What they've overcome in their lives. You know, it could be a 75-year-old person, it could be, you know, a 12-year-old person. It's just folks that touch us and meet this criteria. And I certainly would like your consideration of it, and I would be glad to, through the County Manager, get this to you so you can contemplate -- COMMISSIONER NANCE: Draft something? COMMISSIONER TAYLOR: Yeah, draft something up. COMMISSIONER NANCE: I'll give a nod to that. CHAIRMAN FIALA: You know, the only thing I fear -- I think that's a very admirable idea, by the way, but there are a lot of people that have done something wonderful, whether they're 12 or 75. COMMISSIONER TAYLOR: Right. CHAIRMAN FIALA: Each one in their own way, and each by Page 183 June 28, 2016 their own family admiring them for their accomplishments. Well, we only have, what, 26 meetings a year and -- no, no, we don't even have that many; say, 20. And what about the people we don't -- will we be offending people by not giving them awards? COMMISSIONER HILLER: It's going to become so political. CHAIRMAN FIALA: I know but, you know what, people are proud of what they've done. Parents are proud of what their child has done. People -- groups or organizations are proud of what they're -- COMMISSIONER HILLER: I like our proclamations, because we can -- you can still recognize an individual for overcoming adversity through a proclamation and groups that collectively overcome adversity. Like, we celebrated Lighthouse, you know, which was awesome. CHAIRMAN FIALA: Yeah, see, that's -- yeah. COMMISSIONER HILLER: Rather than just focus on any single individual. And we still can through -- CHAIRMAN FIALA: And probably through -- COMMISSIONER HILLER: -- the proclamation do it. CHAIRMAN FIALA: There's a bunch of people in Lighthouse that have also accomplished many -- COMMISSIONER HILLER: Oh, my goodness. CHAIRMAN FIALA: -- but we're not awarding them anything. I just -- what I do is I'm worrying about not including them. COMMISSIONER TAYLOR: Well, why don't we look at this and opine on this next meeting, and I'll send this to you. (Overlapping speakers.) CHAIRMAN FIALA: Do you think if you want to -- I know it's very quiet, but maybe have an -- have a proclamation for everybody you want to, but we would just put it on the consent agenda, because our meetings are not long enough to be awarding too many things. COMMISSIONER TAYLOR: I agree. Page 184 June 28, 2016 COMMISSIONER NANCE: Yeah. We talked about that before, and that may be appropriate, you know. CHAIRMAN FIALA: Yeah, that's what I thought. So at least people that have their -- COMMISSIONER NANCE: Bring something back. CHAIRMAN FIALA: -- thing in their hand, it would be accessible on the television if they wanted to see it and, yet, we don't risk the chance of offending anybody too much. COMMISSIONER TAYLOR: Okay. Why don't I just get it to you, and we'll make a decision, an executive decision next meeting, if that's okay. CHAIRMAN FIALA: How about the end of this board? COMMISSIONER HENNING: Yeah, I think it's worthy of looking at it. COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: How about you? COMMISSIONER HILLER: Yeah. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: All right. And then -- COMMISSIONER HENNING: Is she talking to me or you? CHAIRMAN FIALA: Pardon me? DEPUTY SHERIFF: She's talking to you. COMMISSIONER HENNING: I don't know. COMMISSIONER TAYLOR: Commissioner Fiala, I don't know if you are going to mention this, but I was copied on a letter that Pam Brown sent to you. She had several questions about economic development, and there seems to be a concern, at least on her part, that what they are doing in Immokalee for economic development -- sir, you're very close to this -- is not necessarily what Immokalee wants. And there's a series of questions here that I just wanted to bring to your attention and to have these addressed. Page 185 June 28, 2016 CHAIRMAN FIALA: Yes. And that's -- COMMISSIONER TAYLOR: I don't know that. I don't -- CHAIRMAN FIALA: Did you get one of those letters? COMMISSIONER NANCE: Oh, yes. CHAIRMAN FIALA: Okay. And maybe as their commissioner, you would want to reply to it. I think they're right. They're -- like, for instance, they said what they need is modern income housing; that's what they said. Because they're trying to get their teachers to live there, their deputies to live there, but they can't because all they have is low income. And so they were asking for that, and that was one of the things, because they said then they would -- they felt that they could attract some more businesses. COMMISSIONER NANCE: Ma'am, this was directed at economic -- COMMISSIONER TAYLOR: Exactly. COMMISSIONER NANCE: -- economic development effort, you know, and -- COMMISSIONER TAYLOR: Yeah. CHAIRMAN FIALA: Yeah. COMMISSIONER NANCE: -- those discussions have started to take place. When I went out, and I did a little presentation on the Promise Zone in Immokalee -- CHAIRMAN FIALA: Oh, yeah. COMMISSIONER NANCE: -- before this CRA Advisory Committee the other day, Mrs. Brown was there. And we started talking about it. And then, subsequently, they had a meeting in Immokalee regarding the accelerator -- CHAIRMAN FIALA: Right. COMMISSIONER NANCE: -- and to start to talk about that, and there's -- I think it's very difficult for citizens to catch up to the greater Page 186 June 28, 2016 economic development issue, and so they're perplexed because -- you know, we have a certain familiarity because we're watching it on a week-by-week-by-week basis. Well, when you come out and you introduce something like that in Immokalee, and the people that are there, they're attending an advisory board meeting or they're there for another purpose, they don't really -- they can't get the big picture quickly. And so I think these sorts of questions are a result of that. And I know that Marshal and Jace out there are -- because they're working out there so much and they're going to be working with the CRA advisory committee on Promise Zone related things, that these -- that our efforts are going to be more clearly understood easier. COMMISSIONER TAYLOR: Well, you know what -- CHAIRMAN FIALA: Would you write some replies to those questions and copy all of us in so we can see, you know -- COMMISSIONER NANCE: I will -- CHAIRMAN FIALA: -- how you're working with them? COMMISSIONER NANCE: I will do it. CHAIRMAN FIALA: Okay. That's great. COMMISSIONER TAYLOR: One of the things -- I just wanted to bring it up -- that I thought was interesting and juxtaposed according to what we know at least the western incubator is doing is -- the thought was the investment, $20,000, you, too, can start a business. And when you propose that to some -- an individual in Immokalee, it's, excuse me? Where did that come from? And then, you know, the other question I thought was fascinating, why does Taste of Immokalee have to be packaged on the East Coast? Why isn't it packaged in Immokalee? COMMISSIONER NANCE: Well, ma'am, it will be. COMMISSIONER TAYLOR: But -- no, that's -- but, you know -- and I'm not -- please, I'm not -- that's not a criticism. But, you know, Page 187 June 28, 2016 these questions, I didn't even think about, and so -- I just thought I wanted to bring this up so that you would -- you would be aware of it. COMMISSIONER NANCE: No, I got it. I got it. COMMISSIONER TAYLOR: Okay. Thank you. CHAIRMAN FIALA: And you'll just give us the answers; that would be great. Okay. Go ahead. It's up to you. COMMISSIONER NANCE: Commissioners, I want to -- I want to say two things, number one, remember Happy 4th of July coming up. It's our nation's Independence Day. It's always a good time for reflection on how lucky we are even in the face of adversity or conflict. So I hope everybody has a great holiday on that. I would -- I would ask -- I have a concern about our status of our management effort regarding windblown wildfire in the eastern part of Collier County. Every day over the last several months I've watched the annual things that take place in the West with windblown fire. Out where Gail and I live, the year before we built our home out there, there was a windblown fire in 1985 that had, you know, flames 80-feet tall. It was a crown fire on our property. And it was shocking to me, and I've been out there in the woods, you know, a good bit. And, you know, it's now been 30 years, and we're starting to get a huge accumulation of duff out there. We've got debris from a couple of different tropical storms, hurricanes; things are building up out there. And, annually, we have only had in the neighborhood of $10,000 a year to maintain our firebreaks out there through our cooperative agreement with the Division of Forestry. I would like to see if you would be willing to support allowing staff to take some time to work on options that we have to enhance our wildfire preparation and mitigation. You know, I've personally spoken with Mr. Summers, I've personally met with some of the fire district chiefs, I've personally met with people at Forestry, and I've personally Page 188 June 28, 2016 met with Dr. George. And Dr. George and his team have done a great deal of work to enable fire response to gain access to water sources of all kinds in the county, whether they're county sources or municipal sources through the City of Naples and so on and so forth. But I just have this pit-in-my-stomach anxiety about this issue, and I really want to get it up and make sure that it's really fully organized. Things like our agreement with Steve Fletcher to come by air if there's an emergency out there that threatens hundreds of homes. Because we've had a situation, you know, where we were right on the bubble; we could have lost several hundreds homes out in Golden Gate Estates. So, you know, with your nod, I will ask staff to go ahead and work that up and come back to the Board with some different options on what we might do. One of the things, honestly, that I've talked about that I understand other counties have done, for example, is have an all-hazards MSTU which is a dedicated funding source -- it's very, very tiny -- to do things that we otherwise haven't had funding for. For example, we have never taken any money, to my knowledge -- much out of the General Fund to do firebreak maintenance. But imagine in Golden Gate Estates where we have 96,000 acres if everybody just chipped in a dollar an acre a year. If they had a two-and-a-half acre lot, it would be three bucks a year. We would have almost $100,000 a year to do mitigation out in that area where, you know, we have -- yes, it's low density, but if fire gets in there, you know, it's going to -- it's going to kill people. It's -- in my view it's the biggest risk we have in the county. I think it even exceeds a hurricane. So I would just like your, you know, consideration to allow staff to work this up and bring back some options to the Board. CHAIRMAN FIALA: There's more fires than hurricanes, that's for sure. And I think -- I love the idea. I think it should have been Page 189 June 28, 2016 requested or proposed years ago. COMMISSIONER NANCE: Yeah. And I'm not suggesting we haven't been doing this, but I just think it's not quite as uptight as it could be. CHAIRMAN FIALA: Don't know which one was first, Henning or Hiller. COMMISSIONER HENNING: Hiller. CHAIRMAN FIALA: Hiller. COMMISSIONER HILLER: It is a very important issue, especially in light of the fires that we've seen out in California, which have been frightening. I think coordinating with fire is obviously important. But my question is whether or not there's federal or state funding for this type of preparedness. I can't imagine that in light of this being not just a local issue but a national issue that there wouldn't be federal grants out there that we could avail ourselves of. And I'm not sure if we ever have looked at federal funding for preparedness for these kind of situations. I mean, we -- you know, if we have a hurricane, we get federal funding from, you know, FEMA for cleanup and for other preparedness measures. I can't imagine that we wouldn't be able to get funding for this particular issue as well. COMMISSIONER NANCE: Well, Commissioner Hiller, thank you. And I'll give you one example, okay, they explained to me the other day. I said, you know, one resource that we have that we've never really had to use is Mr. Fletcher who flies these fires out West. And I was advised -- he said, well, do you know that in the state of Florida you can't use fire retardants. You can't use them. COMMISSIONER HILLER: I had no idea. COMMISSIONER NANCE: So, you know, this -- you know, they can drop water but you can't drop fire retardants. Well, in my Page 190 June 28, 2016 view, if we're getting ready to lose 200 homes and people are going to get killed, we -- you know, we should look into seeking the authority to get permits to -- you know, if we declare an emergency or something, we could use fire retardants. I mean, I'd much rather do that. COMMISSIONER HILLER: That would be a lobby issue. We should find out from FAC why we can't. COMMISSIONER NANCE: You know, things of that nature. Just -- you know, I think a lot of this stuff is going to be fleshed out if staff can dig into it a little bit. COMMISSIONER HILLER: That's a good point. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Yeah. The -- on this particular item, the independent fire districts are -- that's their bailiwick and how they do that and, you know, I'm fearful that we might upset some people within the independent fire districts. It would be great if we can have that come from them to us to coordinate with them and -- COMMISSIONER NANCE: Well, they're certainly the key. COMMISSIONER HILLER: No, we actually have our own fire department. I mean, Collier County has Collier County Fire, so... COMMISSIONER HENNING: Well, we do but our jurisdiction is not in Golden Gate Estates. CHAIRMAN FIALA: Right. COMMISSIONER HILLER: I don't know what exactly our -- COMMISSIONER HENNING: I know you don't. COMMISSIONER NANCE: Well, you know, we've got multiple -- you know, we've got multiple agencies cooperating. I don't think it's a lack of-- I don't think it's a lack of cooperation. I'm just trying to figure out what we can do -- COMMISSIONER HENNING: Communicate with the independent fire district. Page 191 June 28, 2016 COMMISSIONER NANCE: -- to get some additional funding to do work, because you actually have to do physical work to maintain these firebreaks. And I think, you know, the forest service has -- you know, they've got a big program for the Estates in our area; they do the same thing in Lee County, but there's just no money to operate -- you know, it's machine time. It's getting out there. And, you know, they've already got it set up. But there's a number of different elements. And, you know, Chief Cunningham and Chief Schuldt, they've all said we'd love to get together and talk about this issue. We've got a new spirit of cooperation, so... COMMISSIONER HENNING: Let's -- that would be the -- in my opinion, the venues. Let's get together and see -- COMMISSIONER NANCE: Yes. COMMISSIONER HENNING: -- if they want us to participate or get involved in what they're charged by Florida law. COMMISSIONER NANCE: Well, so far, Commissioner, the feedback I'm getting from them is they're excited about the opportunity if the Board -- COMMISSIONER HENNING: That's staff members. There's elected officials over those independent fire districts. COMMISSIONER NANCE: Right. I mean, they'd have to -- certainly, they'd have to get approval from their boards, but they're -- the initial feedback I got was positive if the Board would support, you know, working together. COMMISSIONER HENNING: I think it's a great idea. COMMISSIONER NANCE: Okay. COMMISSIONER HENNING: Coordination with the independent fire districts is a way to make things happen so it doesn't backfire later on and somebody say, well, you didn't consult with us. You left us out. Page 192 June 28, 2016 COMMISSIONER NANCE: I think that's wise counsel. CHAIRMAN FIALA: Was that all you had, Commissioners Nance? COMMISSIONER NANCE: Yes, ma'am. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: Leo, just for my knowledge, I know we have the Ochopee Fire District, we have the Isles of Capri, and then we have that third fire district. What is the boundary of that third one, you know, the one that shows up in the budget? MR. OCHS: Collier County Fire District 1. COMMISSIONER HILLER: Yeah. What is that area? MR. OCHS: It's fairly sparsely inhabited. It's kind of south of the Estates and -- COMMISSIONER HENNING: It's the Picayune. MR. OCHS: -- Picayune Forest, Miller Boulevard, that area. COMMISSIONER HENNING: There's parts of-- off of Marco and Isle of Capri, those remote islands with some structures on it. MR. OCHS: Right. COMMISSIONER HILLER: Okay. I wasn't sure because I -- COMMISSIONER HENNING: Actually, south of Marco, too. COMMISSIONER HILLER: Happy July 4th. It's coming up this weekend. Happy Birthday again, Happy Birthday again to Mark, and very good meeting, Commissioner Fiala. There was a lot on the agenda, and we got through it. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. You know, I'm amazed. Here we are early yet, and we had a whole bunch of items to take care of, to discuss and vote on; however, previous meetings we had very little on there and taken the same time. So good meeting. The second thing, Crystal, I am really concerned because of the Board's action, the majority of the Board's action on disburse -- the Page 193 June 28, 2016 disbursements. And I know the Clerk -- I don't know what he's going to do. My concern would be that employees would not get paid because the county thinks the Board hasn't approved those items. And I just wish that you would share that with the -- share that with the Clerk. You know -- CHAIRMAN FIALA: Actually, I was worried about that, too. COMMISSIONER HENNING: Yeah. And God forbid if that would happen in the future with new leadership is employees are delayed in getting paid because the feeling is we did not approve it, even though that we have approved the salary ranges multiple times on the agenda, the consent agenda, even though the Florida Statute dictates that the county administrator shall administer, employ, and manage the Board's employees. So if you would pass that concern on. MS. KINZEL: Yes. COMMISSIONER HENNING: Thanks. Move to adjourn. Oh, you've got to speak. CHAIRMAN FIALA: Yeah, I haven't said anything yet. Excuse me. Happy Birthday, David. I hope your night is great. I hope you enjoy each other and have some wonderful time together, you and your wife and your kids, too. I wanted to know just simple things. I was wondering, are we addressing the redevelopment issues in the certain areas? Of course, that's definitely in Penny Taylor's district and mine. The redevelopment areas, are we -- I know we had some problems in the beginning in the Triangle, remember, with all those weird buildings and then the odd lot sizes, and then they had to have windows but they couldn't and had to have landscaping but they couldn't and had to have parking but it was difficult. Have we been addressing a lot of those? MR. CASALANGUIDA: You did a lot of that, ma'am, with the Page 194 June 28, 2016 site plan with deviations process -- CHAIRMAN FIALA: Yes. MR. CASALANGUIDA: -- in your LDC amendments, your architectural standards. There's a lot of that in there as well, too. So I'm hearing good things. There's still some requirements that some of the developers are saying are a little onerous, and I think staff keeps working with them. But there two items coming up in the LDC that makes -- to make it a little bit more streamline. CHAIRMAN FIALA: Great, great. I know that being some action is beginning to take place, I thought -- I just wanted to make sure that, you know, they don't get stumbled up or something, you know. Thank you very much. The second one is, I wanted to know -- I know we're working on gas stations in neighborhoods and close to -- close to entrances. We're probably also discussing the traffic into those areas, right? Yeah. MR. CASALANGUIDA: That's already covered in your TIS. The one that's in your LDC amendment with traffic is your schools that's not covered. That was in this LDC amendment as well, too. But gas stations are already required to address traffic as part of your comp plan and your TIS guidelines. CHAIRMAN FIALA: But that's -- is that regular gas stations, or is it big ole truck stops? MR. CASALANGUIDA: All gas -- no matter which kind. They don't even look at the end use. They look at just the total trip count and the type of vehicle that goes in there. So that's already covered. The only thing that's not covered is schools, and that's in this cycle of the LDC to amend that as well. CHAIRMAN FIALA: Because I'm fearful -- you know, like, for instance, the one they have on Manatee Road, well, luckily, the Manatee Road people can get out because they go behind the other gas station that's over there and get out onto 951; otherwise, they can't get Page 195 June 28, 2016 out of there. And they were talking about in River Reach the problems that they've had there, because they have no way to get out. As I told you before, they're -- the people are having trouble getting out of work. But you've mentioned to me that it's probably the charter school there that's tying it up. MR. CASALANGUIDA: Without question. CHAIRMAN FIALA: And, you know something else somebody said about another one of the gas stations. Oh, gosh. Let me -- oh, it's the one on Airport Road of all things, that Racetrac again. They said -- and this is a good thing except -- and I wouldn't know how to address it. It's so full of all the landscapers going to work that the regular guys in just a car can't get in or out of those places so they have to go elsewhere for gasoline. You know, I mean, it's amazing to be that successful that people are lined up and trying to get in and can't get in there, but I think it's something that -- you know, we know that they have an immense amount of traffic coming and going, and we -- our codes never dealt with that before, because our codes were way back from the late '80s. And I know that we're trying to address them, but I think we really have to make sure that we're taking into consideration all the new stuff that's coming our way because we've got the Wawas coming in, too, and now we've got the Murphy Oils coming in, and I just don't know how they're going to get in and out of there. We've got the one over here on Glades Boulevard, and the people in the Glades now are fretting; they only just have a two-lane road. How are they going to get in and out of their community, they say. MR. CASALANGUIDA: Our traffic guys are looking at that, and I think your RaceTrac is one of the few gas stations -- there are more coming -- that do the ethanol free. Boaters can tend to use those gas stations because they don't want to put that in their boat engines. Page 196 June 28, 2016 COMMISSIONER HENNING: Why is everybody picking on gas stations? I use it once a week. MR. CASALANGUIDA: I use that one, too, and it's not too bad, the Race -- other than the schools, yeah. CHAIRMAN FIALA: Yeah. Well -- and, you know, you've got a lot of people going to work. Like, for instance, the -- COMMISSIONER HENNING: They drive. CHAIRMAN FIALA: Huh? COMMISSIONER HENNING: They drive to work. CHAIRMAN FIALA: Yeah, and they pull their trucks behind them, and they probably -- you know, I guess the lawn guys who have to drive all over, I guess they must fill up. This is all I'm hearing. I don't drive a lawn truck, so I don't know. But this is what I'm hearing. COMMISSIONER HENNING: Okay. Who you're hearing it from, do they cut their own grass? CHAIRMAN FIALA: I don't know. How would I know? I just know they cut other people's grass. COMMISSIONER NANCE: It's the landscape maintenance crew going to the medians, ma'am. Come on. CHAIRMAN FIALA: I don't think so. COMMISSIONER NANCE: You might be surprised. CHAIRMAN FIALA: It could be. I hope they are. So I was just wanting to address that, because I'm sure we're going to have -- we're going to be facing -- faced with it more and more as bigger and better continue to come in and it impacts neighborhoods. We just have to think about that. Yes? COMMISSIONER HENNING: I cut my own grass. CHAIRMAN FIALA: Good for you. I do not. Proud of you. Let's see. Oh, yeah. Well, somebody else suggested -- but I won't even bother with that one this time. I'll just leave it at those two Page 197 June 28, 2016 because I know those are issues coming up. Okay. Any further comments? COMMISSIONER NANCE: None. CHAIRMAN FIALA: I want to say Happy July 4th to everyone. And I'm going to -- my County Attorney and I think our other esteemed commissioner, Penny Taylor, are all heading up to Orlando to go to the Florida Association of Counties meeting. It's going to be exciting, and we're about to leave. So thank you all for being here. MR. OCHS: Safe travels. CHAIRMAN FIALA: Thank you. ***** **** Commissioner Nance moved, seconded by Commissioner Hiller and (Commissioner Henning opposed) that the following items under the Consent and Summary Agendas be approved and/or adopted Item #16A1 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $357,504 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.116, PL20140000514 FOR WORK ASSOCIATED WITH TEMPLE CITRUS GROVE — THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKES HAVE BEEN INSPECTED BY STAFF Item #16A2 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS Page 198 June 28, 2016 A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.887- 11, PL20130002458 FOR WORK ASSOCIATED WITH QUARRY SOUTH BEACH GROVE — THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKES HAVE BEEN INSPECTED BY STAFF Item #16A3 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A DRAINAGE EASEMENT (PARCEL 105DE) NECESSARY FOR CONTINUED MAINTENANCE OF UNDERGROUND STORMWATER DRAINAGE FACILITIES INSTALLED AS PART OF THE GATEWAY TRIANGLE STORMWATER MANAGEMENT SYSTEM. PROJECT NO. 51803. (ESTIMATED FISCAL IMPACT: $13,600) — PORTIONS OF FOLIO #75610400009 AND FOLIO #00386600001 Item #16A4 THE SHORT-LIST OF PROFESSIONAL ENGINEERING CONSULTANTS PURSUANT TO REQUEST FOR PROPOSAL (RFP) NUMBER 16-6560, CEI SERVICES FOR THE WHITE BOULEVARD OVER CYPRESS CANAL BRIDGE REPLACEMENT PROJECT AND TO ENTER INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND AECOM TECHNICAL SERVICES, INC., FOR "CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE WHITE BOULEVARD OVER CYPRESS CANAL BRIDGE REPLACEMENT PROJECT," (PROJECT NO. 66066) Item #16A5 Page 199 June 28, 2016 AUTHORIZE THE CHAIRMAN TO APPROVE AND EXECUTE A SOVEREIGNTY SUBMERGED LANDS EASEMENT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, PROJECT NO. 66066, FOR THE INSTALLATION AND MAINTENANCE OF BRIDGES AT TWO LOCATIONS ON VANDERBILT DRIVE. (FISCAL IMPACT: NONE) — THE TWO PARCLES ARE LOCATED IN SECTIONS 16,17,20 AND 21, TOWNSHIP 48 SOUTH, TANGE 25 EAST IN THE COCOHATCHEE RIVER AND THE COCOHATCHEE RIVER TRIBUTARY Item #16A6 FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE COLLIER METROPOLITAN PLANNING ORGANIZATION AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS — WHICH TERMINATES ON JUNE 30, 2019 Item#16A7 AN AMENDMENT TO THE STAFF SERVICES AGREEMENT BY AND BETWEEN THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS — WHICH OUTLINES THE DUTIES AND OBLIGATIONS OF THE COUNTY WITH RESPECT TO ITS ROLE IN PROVIDING STAFF, OFFICE SPACE, EQUIPMENT AND VARIOUS SERVICES ASSISTING THE MPO Page 200 June 28, 2016 Item #16A8 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 323RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. (PROJECT NO. 60145) (ESTIMATED FISCAL IMPACT: $43,603) — FOLIO #40623520008 Item #16A9 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 341RDUE) AND A TEMPORARY DRIVEWAY RESTORATION EASEMENT (PARCEL 341TDRE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD (PROJECT NO. 60145) (ESTIMATED FISCAL IMPACT: $7,600) — FOLIO #40626280002 Item #16A10 THE CHAIRMAN TO EXECUTE CONTRACT NO. 16-6629 TO PROVIDE PROFESSIONAL ENGINEERING SERVICES AS REQUIRED FOR THE "2016 BEACH RENOURISHMENT PROJECT" FOR $111,756.30 WITH CB&I ENVIRONMENTAL & INFRASTRUCTURE, INC., AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NO. 80301) — IN ORDER TO OBTAIN A NOTICE TO PROCEED AS REQUIRED FOR THE BEACH RENOURISHMENT ON VANDERBILT Page 201 June 28, 2016 BEACH, PARK SHORE BEACH AND PELICAN BAY BEACH Item #16A11 RESOLUTION 2016-136: A RESOLUTION REVISING THE "CONSTRUCTION STANDARDS HANDBOOK FOR WORK WITHIN THE RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA" (CONSTRUCTION HANDBOOK), IN ACCORDANCE WITH ORDINANCE NO. 2003-37, AS AMENDED Item #16Al2 THE SHORT-LIST OF PROFESSIONAL ENGINEERING CONSULTANTS PURSUANT TO REQUEST FOR PROPOSAL (RFP) # 16-6588, CEI SERVICES FOR THE LOGAN BOULEVARD EXTENSION PROJECT, AND TO ENTER INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND KCCS, INC., FOR "CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR LOGAN BOULEVARD EXTENSION PROJECT" (PROJECT NO. 33464) Item #16A13 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $310,480 FOR PAYMENT OF $530, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. VIRGINIA VILLARREAL, CODE ENFORCEMENT BOARD CASE NO. CESD20110002682, RELATING TO PROPERTY LOCATED AT 1314 TANGERINE STREET, COLLIER COUNTY, FLORIDA — CONSISTING OF TWO SHEDS IN THE REAR OF THE PROPERTY WITHOUT Page 202 June 28, 2016 PERMITS WHICH WERE BROUGHT INTO COMPLIANCE ON APRIL 25, 2016 Item #16A14 AN AGREEMENT FOR THE PURCHASE OF A "FEE" ESTATE (PARCEL 101 FEE) AND A TEMPORARY CONSTRUCTION EASEMENT (PARCEL 101 TCE) NECESSARY FOR THE CONSTRUCTION OF ROADWAY AND RELATED IMPROVEMENTS REQUIRED AT THE INTERSECTION OF AIRPORT-PULLING ROAD AND DAVIS BOULEVARD, (PROJECT NO. 60148), AND APPROVE THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $14,366.88 FOR PAYMENT OF $641.88, PER SAID AGREEMENT, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. HOME DEPOT USA, INC., CODE ENFORCEMENT BOARD CASE NO. 2005040822 RELATING TO PROPERTY LOCATED AT 1651 AIRPORT ROAD SOUTH, COLLIER COUNTY, FLORIDA. (ESTIMATED FISCAL IMPACT: $95,650) — COSISTING OF A CODE VIOLATION FOR A POLE SIGN WITHOUT A PERMIT WHICH WAS BROUGHT INTO COMPLIANCE ON JUNE 13, 2006 Item #16A15 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $180,681.15 FOR PAYMENT OF $3,000, IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. CASSIA POVIONES, CODE ENFORCEMENT BOARD CASE NO. CESD20120017981 Page 203 June 28, 2016 RELATING TO PROPERTY LOCATED AT 3030 39TH STREET SW, COLLIER COUNTY, FLORIDA — CONSISTING OF A DEMOLITION AND REMODEL WITHOUT PERMITS WHICH WAS BROUGHT INTO COMPLIANCE ON DECEMBER 14, 2015 Item #16A16 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $24,712.29 FOR PAYMENT OF $3,000 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. NAAC MORTGAGE PASS- THROUGH CT, CODE ENFORCEMENT BOARD CASE NO. CESD20130000703 RELATING TO PROPERTY LOCATED AT 1109 PALM DRIVE, COLLIER COUNTY, FLORIDA — CONSISTING OF A DETACHED GARAGE, WOODEN STOCKADE TYPE FENCE WITHOUT CERTIFICATE OF OCCUPANCY/COMPLETION WHICH WERE BROUGHT INTO COMPLIANCE ON FEBRUARY 6, 2014 Item #16A17 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $23,476.15 FOR PAYMENT OF $676.15 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. TOMATOES PLUS, INC., CODE ENFORCEMENT BOARD CASE NO. CELU20120002552 RELATING TO PROPERTY LOCATED AT 100 MADISON AVENUE E, UNIT A, COLLIER COUNTY, FLORIDA — CONSISTING OF STORING TRAILERS, SEMI-TRACTOR, CARS AND CAMPER TRAILES WHICH WERE BROUGHT INTO COMPLIANCE ON AUGUST 8, 2014 Page 204 June 28, 2016 Item #16A18 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $21,550.42 FOR PAYMENT OF $5,750.42 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. FERNANDO ROSQUETTE, CODE ENFORCEMENT SPECIAL MAGISTRATE CASE NO. CEPM20090001294, RELATING TO PROPERTY LOCATED AT 2365 10TH AVENUE NE, COLLIER COUNTY, FLORIDA — CONSISTING OF A DANGEROUS BUILDING WHICH WAS BROUGHT INTOCOMPLIANCE BY THE COUNTY ON JUNE 11, 2009 Item #16A19 WORK ORDER WITH CB&I COASTAL PLANNING & ENGINEERING, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR MODIFICATIONS TO THE COUNTY'S BEACH AND INLET PHYSICAL MONITORING PLANS UNDER CONTRACT NO.15-6382 FOR TIME AND MATERIALS NOT TO EXCEED $5,976 AND AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — FOR THE FOLLOWING: VANDERBILT, PELICAN BAY, PARK SHORE, NAPLES AND MARCO ISLAND BEACHES ALONG WITH THE VANDERBILT, DOCTOR'S PASS, COLLIER CREEK AND CAXAMBAS PASS INLETS Item #16A20 Page 205 June 28, 2016 SELECTION OF CH2M HILL PURSUANT TO RFP NO. 16-6617, "RANDALL BOULEVARD AND OIL WELL CORRIDOR STUDY" AND AUTHORIZE STAFF TO NEGOTIATE A CONTRACT WITH CH2M HILL FOR SUBSEQUENT BOARD APPROVAL — FOR THE DEVELOPMENT OF MULTI-LANE IMPROVEMENT TO RANDALL BLVD. AND OIL WELL ROAD Item #16A21 CORRECT A SCRIVENER'S ERROR BY CHANGING THE PROJECT FOR AWARDED CONTRACT NO. 16-6584, CYPRESS WAY EAST SIDEWALK PROJECT (PROJECT NO. 60118.4), COUNTY WIDE PATHWAYS TO PROJECT NO. 69081, COUNTY WIDE BIKEWAY IMPROVEMENT, AND APPROVE THE BUDGET AMENDMENTS NECESSARY TO RE- APPROPRIATE FUNDING TO THE CORRECT PROJECT — THE NEW SIDEWALKS AND ALL REPLACEMENT FEATURES HAVE AN ESTIMATED USEFULL LIFE OF 30 YEARS WITH MINIMAL TO NO REPAIR Item #16A22 CORRECT A SCRIVENER'S ERROR BY CHANGING THE PROJECT FOR AWARDED CONTRACT NO. 16-6608, COUNTY WIDE PATHWAYS - OUTER DRIVE SIDEWALK PROJECT, PROJECT NO. 60118.3, COUNTY WIDE PATHWAYS TO PROJECT NO. 69081, COUNTY WIDE BIKEWAY IMPROVEMENT, AND APPROVE THE BUDGET AMENDMENTS NECESSARY TO RE-APPROPRIATE FUNDING TO THE CORRECT PROJECT — THE NEW Page 206 June 28, 2016 SIDEWALKS AND ALL REPLACEMENT FEATURES HAVE AN ESTIMATED USEFULL LIFE OF 30 YEARS WITH MINIMAL TO NO REPAIR Item #16A23 A WORK ORDER WITH CB&I COASTAL PLANNING & ENGINEERING, INC., TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE 2017-2018 LOCAL GOVERNMENT FUNDING REQUEST TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR LOCAL BEACH RENOURISHMENT AND SHORE PROTECTION PROJECTS UNDER CONTRACT NO.15-6382 FOR TIME AND MATERIALS NOT TO EXCEED $10,920, AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM — AN AFTER-THE-FACT PROPOSAL WILL BE PRESENTED TO THE CAC AT THE AUGUST 11, 2016 MEETING DUE TO SUBMITTAL DEADLINE OF AUGUST 1, 2016 Item #16A24 RESOLUTION 2016-137: GRANT FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF HAMPTON VILLAGE PHASE 1 REPLAT APPLICATION NUMBER PL20120002486 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Page 207 June 28, 2016 Item #16A25 RECORDING THE FINAL PLAT OF AZURE AT HACIENDA LAKES, APPLICATION NUMBER PL20160001001, APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A26 RESOLTUION 2016-138: GRANT FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF SABAL BAY COMMERCIAL PLAT - PHASE FOUR APPLICATION NUMBER AR-13453 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A27 TRI-PARTY DEVELOPER CONTRIBUTION AGREEMENT WITH HACIENDA LAKES OF NAPLES, LLC, AND THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY TO ALLOW HACIENDA LAKES OF NAPLES, LLC, TO CONVEY A 19.5-ACRE PARCEL WITHIN THE HACIENDA LAKES MPUD FOR USE AS AN ELEMENTARY SCHOOL SITE IN EXCHANGE FOR EDUCATIONAL IMPACT FEE CREDITS IN THE SUM OF $2,834,750 WHICH EXCHANGE IS IN ACCORDANCE WITH THE DEVELOPER COMMITMENTS SET FORTH IN THE MPUD DOCUMENT, AND WHICH SUM REPRESENTS THE Page 208 June 28, 2016 APPRAISED FAIR MARKET VALUE OF THE PARCEL — LOCATED IN SECTIONS 14 AND 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST Item #16B1 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD, APPROVE THE FIRST AMENDMENT TO THE U.S. HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT SUBRECIPIENT AGREEMENT FOR THE PINELAND AVENUE STORMWATER IMPROVEMENT PROJECT BETWEEN COLLIER COUNTY AND THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY PROVIDING AN ADDITIONAL $5,000 IN GRANT FUNDING FOR PERMITTING AND CONSTRUCTION INSPECTION SERVICES AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT — BRINGING THE TOTAL AWARD TO $103,050 FOR THIS PROJECT Item #16C1 RESOLUTION 2016-139: A RESOLUTION AND SATISFACTIONS OF LIEN FOR THE 1991, 1993, 1994, 1995, AND 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHERE THE COUNTY HAS RECEIVED PAYMENT IN FULL SATISFACTION OF THE LIENS. FISCAL IMPACT IS $61 TO RECORD THE SATISFACTIONS OF LIENS Item #16D1 Page 209 June 28, 2016 AUTHORIZE THE CHAIRMAN TO SIGN SEVEN SATISFACTIONS OF MORTGAGE FOR OWNER-OCCUPIED AFFORDABLE HOUSING UNITS THAT HAVE SATISFIED THE TERMS OF ASSISTANCE FOR COLLIER COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM — FOR THE FOLLOWING LOCATIONS: 804 BREEZEWOOD DRIVE; 415 GAUNT ST.; 251 OLD TRAIN LANE; 2575 54TH ST SW; 1022 RINGO LANE; 802 PALM RIDGE AND 5216 MAPLE LANE Item #16D2 TWO MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) SINGLE FAMILY REHABILITATION PROGRAM IN THE COMBINED AMOUNT OF $29,514 — FOR THE FOLLOWIN LOCATIONS; 4004 ROSE AVENUE & 1419 SANTA ROSA DRIVE Item #16D3 TWO SATISFACTIONS OF MORTGAGE FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM FOR FULL PAYMENT IN THE AMOUNT OF $39,400 AND TO AUTHORIZE A BUDGET AMENDMENT RECOGNIZING $39,400 IN PROGRAM INCOME REVENUE GENERATED BY REPAYMENT OF LOANS (NET FISCAL IMPACT OF $39,400) — FOR THE FOLLOWING LOCATIONS: 4675 30TH PLACE SW AND 1420 27TH ST SW Item #16D4 Page 210 June 28, 2016 A REVISION TO FEDERAL TRANSIT ADMINISTRATION SECTION 5310 GRANT AWARD, AUTHORIZE THE NECESSARY BUDGET AMENDMENTS, AND APPROVE THE PURCHASE OF THREE AVAIL INTELLIGENT TRANSPORTATION SYSTEM (ITS) COMPONENTS FOR THE NEW PARATRANSIT VEHICLES — FOR WHICH FDOT REQUIRES A 10% LOCAL MATCH OF $2,085 Item #16D5 THREE RELEASES OF LIEN FOR FULL PAYMENT OF DEFERRAL OF 100 PERCENT OF COUNTYWIDE IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS — FOR THE FOLLOWING LOCATIONS: 10271 KINGDOM COURT; 3780 JUSTICE CIRCLE AND 9055 GREVAIS CIRCLE #1401 Item #16D6 THIRTEEN MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $114,763 — FOR THE FOLLOWING LOCATIONS: 1460 GREEN VALLEY CIRCLE, UNIT 403; 5482 MARTIN STREET; 156 PEBBLE SHORES DR., UNIT #103; 5071 32' AVE SW; 4413 17TH PLACE SW; 10271 KINGDOM COURT; 4401 18TH PLACE SW; 3171 32ND AVE SE; 4340 19TH AVE SW; 9055 GERVAIS CIRCLE #1401; 2170 23' STREET SW; 2985 37TH AVENUE NE AND 5495 25TH PLACE SW Item #16D7 Page 211 June 28, 2016 SEVEN STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM RELEASE OF LIENS IN THE AMOUNT OF $51,690.45 FOR OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING UNITS WHERE THE OBLIGATION HAS BEEN REPAID IN FULL — FOR THE FOLLOWING LOCATIONS: 3583 CARSON LAKES; 5473 CATTS STREET; 5370 TEXAS AVE; 5413 CARLTON STREET; 475 41ST AVE NW; 5246 TEXAS AVE AND 3880 62ND AVE NE Item #16D8 THE EXPENDITURE OF CATEGORY "A" BEACH PARK FACILITY TOURIST TAX FUNDS FOR RESTRIPING THE PARKING GARAGE AT THE COUNTY'S VANDERBILT BEACH PARK FOR $19,278.65 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — WHICH INCLUDES THE THERMOPLASTIC TRAFFIC STRIPES, RESTRIPING THE PARKING SPACE MARKINGS, HANDICAPPED SPACES AND ARROWS AT THE PARKING GARAGE LOCATED AT VANDERBILT BEACH ROAD Item #16D9 A BUDGET AMENDMENT TO INCREASE MEALS FOR THE 2016 SUMMER FOOD SERVICE PROGRAM (SFSP). (FISCAL IMPACT: GRANT FUND $8,839.58 AND LOCAL GENERAL FUND $578.42 FOR A TOTAL OF $9,148) — PROVIDING NUTRITIONAL BREAKFASTS AND LUNCHES FOR THOSE CHILDREN THAT ARE UNABLE TO GO TO SITES OFFERED BY THE SCHOOL BOARD Page 212 June 28, 2016 Item #16D10 AN ACCESS LICENSE AGREEMENT WITH LYNX ZUCKERMAN AT HAMILTON GREEN, LLC AND SIENNA RESERVE HOMEOWNERS ASSOCIATION TO ALLOW RESIDENTS OF THE SIENNA RESERVE NEIGHBORHOOD ACCESS TO THE NORTH COLLIER REGIONAL PARK THROUGH A PRIVATE ENTRANCE POINT — FOR FOLIO #00196800004 AND FOLIO #73620010122 Item #16D11 BUDGET AMENDMENTS IN THE AMOUNT OF $244,978.36 TO RESTORE THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) CDBG GRANT PROGRAM AVAILABLE BALANCES FROM THE RECONCILIATION OF THE 2001-2010 PROGRAM YEARS (NET FISCAL IMPACT OF $66,268.07) - AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D12 BUDGET AMENDMENTS IN THE AMOUNT OF $33,369.75 TO RESTORE THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) HOME GRANT PROGRAM AVAILABLE BALANCES FROM THE RECONCILIATION OF THE 2006-2007 PROGRAM YEARS Item #16D13 RESOLUTION 2016-140: A RESOLUTION SUPERCEDING RESOLUTION NO. 2015-126, WHICH ESTABLISHED THE Page 213 June 28, 2016 COLLIER AREA TRANSIT (CAT) ADVERTISING POLICY, STANDARDS AND RATE SCHEDULES TO CORRECT SCRIVENER ERRORS IN ESTABLISHED RATE SCHEDULES AND ADD THE ABILITY TO ADVERTISE ON THE BUS SCHEDULES Item #16D14 RESOLUTION 2016-141 : A RESOLUTION REPEALING AND SUPERSEDING RESOLUTION NO. 2012-181, AND ESTABLISHING A REVISED COLLIER COUNTY PUBLIC LIBRARY FINES AND FEES SCHEDULE Item #16D15 AUTHORIZE THE CHAIRMAN TO SIGN ONE SATISFACTION OF MORTGAGE FOR A FIRST TIME HOME BUYER OF AN AFFORDABLE HOUSING UNIT THAT HAS SATISFIED THE TERMS OF ASSISTANCE FOR THE COLLIER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM AND AUTHORIZE A BUDGET AMENDMENT RECOGNIZING THE PROGRAM INCOME — LOCATED AT 4735 6TH AVE SE Item #16D16 AUTHORIZE THE CHAIRMAN TO EXECUTE A LANDLORD PAYMENT AGREEMENT, ALLOWING THE COUNTY TO ADMINISTER THE RAPID RE-HOUSING AND HOMELESSNESS PREVENTION PROGRAM THROUGH THE EMERGENCY SOLUTIONS GRANT PROGRAM — WITH GOLF CREST OF NAPLES CONDOMINIUM ASSOCIATION, INC. Page 214 June 28, 2016 Item #16D17 TWO STATE HOUSING INITIATIVE PARTNERSHIP SPONSOR AGREEMENTS BETWEEN COLLIER COUNTY AND BIG CYPRESS HOUSING CORPORATION, CONTRACT AWARD $500,000, FOR RENTAL REHABILITATION AND COMMUNITY ASSISTED AND SUPPORTED LIVING, INC., CONTRACT AWARD $412,500 FOR THE ADMINISTRATION OF RENTAL ACQUISITION — WITH BCHC (BIG CYPRESS HOUSING CORPORATION) AND COMMUNITY ASSISTED AND SUPPORTED LIVING, INC. Item #16D18 A JOINT APPLICATION FROM THE COLLIER COUNTY MUSEUMS AND THE MARCO ISLAND HISTORICAL SOCIETY TO BORROW SIGNIFICANT ARTIFACTS FOUND ON MARCO ISLAND DURING THE 1896 PEPPER-HEARST ARCHAEOLOGICAL EXPEDITION FROM THE SMITHSONIAN INSTITUTION'S NATIONAL MUSEUM OF NATURAL HISTORY AND UNIVERSITY OF PENNSYLVANIA MUSEUM FOR A TEMPORARY EXHIBIT AT THE MARCO ISLAND HISTORICAL MUSEUM Item #16D19 THE 2016 ANNUAL PROGRESS REPORT OF THE COLLIER COUNTY TRANSIT DEVELOPMENT PLAN AND AUTHORIZE ITS SUBMISSION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) Page 215 June 28, 2016 Item #16D20 ADVISORY NOTIFICATION FROM THE COUNTY HEALTH DEPARTMENT REGARDING FAMILY PLANNING EXPANDED SERVICES BEGINNING JULY 1, 2016 — FOR SERVICES THAT INCLUDE FAMILY PLANNING EDUCATION, COUNSELING, MEDICAL EXAMINATION, TESTS, TREATMENT AND PROCEDURES, PHARMACEUTICALS, DEVICES AND SUPPLIES Item #16D21 AUTHORIZE THE CHAIRMAN TO SIGN AN AMENDMENT TO THE FY 2015-2016 STATE AID TO LIBRARIES GRANT AGREEMENT TO MEET DELIVERABLES REQUIREMENTS AS REQUIRED BY THE STATE, ACCEPT THE SECOND PAYMENT OF $399, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT — BRINGING THE GRANT AWARD TOTAL TO $220,248.00 Item #16D22 REJECT THE SOLE RESPONSE RECEIVED FOR REQUEST FOR PROPOSAL NO. 16-6581 PUBLIC LIBRARY COMMUNITY NEEDS ASSESSMENT — FOR A NEEDS ASSESSMENT ANALYZING LIBRARY SERVICES Item #16D23 — Moved to Item #11E (Per Agenda Change Sheet) Item #16D24 Page 216 June 28, 2016 SUBSTANTIAL AMENDMENTSCOUNTY'S TO COLLIER COUNTY S U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL ACTION PLANS FOR FY 2013-2014, FY 2014-2015, AND FY 2015-2016 TO INCREASE FUNDING FOR THE PREVIOUSLY APPROVED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PINELAND STORMWATER (BAYSHORE CRA) PROJECT AND THE. CDBG YOUTH HAVEN SHELTER AND TRANSITIONAL LIVING PROJECT, ADD A NEW EMERGENCY SOLUTIONS GRANT (ESG) PROJECT TO FUND THE HOMELESS MANAGEMENT INFORMATION SYSTEM, REDUCE FUNDING FOR THE ESG RENTAL ASSISTANCE PROGRAM; AND APPROVE FIRST AMENDMENTS TO THE ASSOCIATED SUBRECIPIENT AGREEMENTS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16D25 AGREEMENT CONFIRMING GAP HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY ALLOWING EITHER FOR SALE OR FOR RENT UNITS IN THE VINCENTIAN MPUD — LOCATED IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST Item #16D26 A $20,000 SHIP PURCHASE ASSISTANCE DISBURSEMENT UNDER THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM Page 217 June 28, 2016 Item #16E1 THE LIQUIDATION OF THE COUNTY'S OWNERSHIP OF COMMON STOCK IN METLIFE INSURANCE COMPANY RESULTING FROM THE DEMUTUALIZATION OF THE CARRIER AND TO TRANSFER THE PROCEEDS OF THE SALE TO FUND 517, GROUP HEALTH AND LIFE IN THE ESTIMATED AMOUNT OF $220,720.50 Item #16E2 DIOCESE OF VENICE NON-EXCLUSIVE SPACE USAGE AGREEMENT AND LICENSE WITH ST. JOHN THE EVANGELIST CATHOLIC CHURCH FOR PUBLIC UTILITIES PUBLIC INFORMATION MEETINGS AND PROJECT TEAM PROGRESS MEETINGS, AT NO COST — LOCATED AT 625 111TH AVENUE NORTH, NAPLES Item #16E3 THE ADVERTISEMENT OF AN ORDINANCE FOR FUTURE CONSIDERATION WHICH WOULD AMEND ORDINANCE NO. 2002-56, THE COLLIER COUNTY CITIZEN CORPS ORDINANCE TO IMPLEMENT REQUIREMENTS OF THE EMERGENCY MANAGEMENT ACCREDITATION PROGRAM Item #16E4 RECOGNIZE AND APPROPRIATE REVENUE TO THE FACILITIES MANAGEMENT DIVISION COST CENTER IN THE AMOUNT OF $126,442.90 FOR THE PERIOD OF APRIL Page 218 June 28, 2016 THROUGH JUNE OF FISCAL YEAR 2015-2016 AND APPROVE ALL NECESSARY BUDGET AMENDMENTS Item #16E5 This item continued from the June 14, 2016 BCC Meeting. AWARD REQUEST FOR PROPOSAL NO. 16-6618 ANNUAL CONTRACT FOR GENERAL CONTRACTOR SERVICES TO THE FOLLOWING SIX FIRMS: SURETY CONSTRUCTION COMPANY, BRADANNA, INC., COMPASS CONSTRUCTION, INC., WILLIAM J. VARIAN CONSTRUCTION COMPANY, INC., VARIAN, CHRIS TEL, AND EBL CONSTRUCTION Item #16F1 RESOLUTION 2016-142: THE SEVENTH ANNUAL REPORT ON THE "IMPACT FEE PROGRAM FOR EXISTING COMMERCIAL REDEVELOPMENT"; TO DIRECT THE COUNTY ATTORNEY TO ADVERTISE AND BRING BACK TO THE BOARD AN ORDINANCE AMENDMENT MAKING THE PROGRAM PERMANENT BY REMOVING THE PROGRAM'S SUNSET LANGUAGE; AND TO APPROVE A RESOLUTION EXTENDING THE PROGRAM UNTIL SUCH TIME THAT THE ORDINANCE AMENDMENT IS APPROVED BY THE BOARD Item #16F2 THE RANKED LIST OF CONSULTANTS PURSUANT TO RFP NO. 16-6571, "IMPACT FEE STUDY," AND AUTHORIZE STAFF TO NEGOTIATE A CONTRACT WITH THE TOP RANKED FIRM TINDALE-OLIVER & ASSOCIATES, INC. FOR Page 219 June 28, 2016 SUBSEQUENT BOARD APPROVAL — PROVIDING IMPACT FEE CONSULTING SERVICES FOR THE NEXT FOUR YEARS Item #16F3 — Continued to the July 12, 2016 BCC Meeting (During Agenda Changes) RECOMMENDATION TO ADOPT A RESOLUTION FIXING THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING FOR APPROVING THE SPECIAL ASSESSMENT (NON-AD VALOREM ASSESSMENT) TO BE LEVIED AGAINST THE PROPERTIES WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIFICATION OF RECREATIONAL FACILITIES AND MEDIAN AREAS AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, AND ESTABLISHMENT OF CAPITAL RESERVE FUNDS FOR AMBIENT NOISE MANAGEMENT, MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, INCLUDING THE RESTORATION OF THE MANGROVE FOREST, U.S. 41 BERM, STREET SIGNAGE REPLACEMENTS WITHIN THE MEDIAN AREAS, LANDSCAPING IMPROVEMENTS TO U.S. 41 ENTRANCES AND BEACH RENOURISHMENT, ALL WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT Item #16F4 RESOLUTION 2016-143: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET Page 220 June 28, 2016 Item #16F5 RESOLUTION 2016-144: A RESOLUTION APPROVING THE PROPOSED PROJECT ICE AS A QUALIFIED APPLICANT TO FLORIDA'S QUALIFIED TARGET INDUSTRY (QTI) TAX REFUND PROGRAM, PROVIDING UP TO $79,800 OF LOCAL FINANCIAL SUPPORT FOR A CORPORATE HEADQUARTERS PROJECT WHICH WILL CREATE 57 NEW QUALITY JOBS IN COLLIER COUNTY, FLORIDA Item #16G1 A SITE LICENSE AGREEMENT WITH ROUSH INDUSTRIES, INC. TO CONDUCT DEFENSIVE DRIVER TRAINING COURSES AT THE IMMOKALEE REGIONAL AIRPORT — EFFECTIVE UNTIL DECEMBER 31, 2020 Item #16G2 A FIRST AMENDMENT TO A COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE WITH TELLUS FLORIDA, LLC, AT THE IMMOKALEE REGIONAL AIRPORT — ALLOWING THE PLACEMENT OF TRAILER TO BE USED AS OFFICE SPACE AND CONTAINERS FOR STORAGE Item #16G3 DIRECT STAFF TO PURSUE A FOCUSED ENVIRONMENTAL ASSESSMENT AND POTENTIAL GRANT FUNDING FOR THE ESTABLISHMENT OF A SEAPLANE BASE AT THE Page 221 June 28, 2016 EVERGLADES AIRPARK (FISCAL IMPACT $30,000.) — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G4 AWARD BID NO. 16-6557R AUTOMATED WEATHER OBSERVING STATION (AWOS) FOR THE IMMOKALEE REGIONAL AIRPORT IN THE AMOUNT OF $132,557 TO WOLEN, LLC — A 20% LOCAL MATCH FUND IN THE AMOUNT OF $25,511.40 ARE BUDGETED FOR THIS PROJECT Item #16G5 THE RANKINGS OF FIRMS FOR REQUEST FOR PROPOSAL (RFP) #16-6561 FOR "DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT TERMINAL" AND TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH THE TOP RANKED FIRM, ATKINS NORTH AMERICA Item #16G6 STAFF'S RANKING FOR ADVERTISEMENT #16-6605 TO LEASE VACANT PROPERTY AT THE MARCO ISLAND EXECUTIVE AIRPORT FOR THE CONSTRUCTION OF A BULK AIRCRAFT HANGAR AND DIRECT STAFF TO PURSUE LEASE NEGOTIATIONS WITH IMAGE AIR CHARTER, LLC, SEEK FDOT GRANT PARTICIPATION FOR NEEDED INFRASTRUCTURE IMPROVEMENTS AND MAKE A FINDING THAT THIS ITEM PROMOTES ECONOMIC DEVELOPMENT WITHIN THE COUNTY AIRPORT SYSTEM - FOR THE DEVELOPMENT AND CONSTRUCTION OF A COPRPRATE Page 222 June 28, 2016 AIRCRAFT HANGAR Item #16I MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED Page 223 MISCELLANEOUS CORRESPONDENCE BOARD OF COUNTY COMMISSIONERS June 14, 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) Ave Maria Stewardship Community District: FY16/17 Proposed Budget(October 1, 2016—September 30, 2017) 2) Heritage Bay Community Development District: Meeting Agenda 03/03/2016 Meeting Minutes 03/03/2016 3) Naples Heritage Community Development District: Meeting Agenda 04/05/2016 Meeting Minutes 04/05/2016 C. OTHER: June 28, 2016 Item #16J1 DESIGNATING THE SHERIFF AS THE OFFICIAL APPLICANT AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FY ' 16 LOCAL STANDARD GRANT, AUTHORIZE THE ELECTRONIC SUBMISSION OF THE APPLICATION, ACCEPT THE GRANT WHEN AWARDED, APPROVE ASSOCIATED BUDGET AMENDMENTS AND APPROVE THE COLLIER COUNTY SHERIFF'S OFFICE TO RECEIVE AND EXPEND 2016 JAG STANDARD GRANT FUNDS Item #16J2 — Motion to Deny (Per Agenda Change Sheet) TO PROVIDE THE BOARD A "PAYABLES REPORT" FOR THE PERIOD ENDING JUNE 22, 2016 PURSUANT TO THE BOARD'S REQUEST Item #16J3 TO PROVIDE THE SPECIAL INTERIM REPORTS FOR APPROVAL AS DETAILED IN SECTION 2C OF THE AGREED- UPON ORDER DATED JULY 16, 2015, BY JUDGE JAMES R. SHENKO IN THE MANNER REQUESTED BY THE BOARD OF COUNTY COMMISSIONERS (PREVIOUSLY INCLUDED IN ITEM 16.I.) AND THAT PRIOR TO PAYMENT, THE BOARD APPROVES THESE EXPENDITURES WITH A FINDING THAT SAID EXPENDITURES SERVE A VALID PUBLIC PURPOSE AND AUTHORIZES THE CLERK TO MAKE DISBURSEMENT Page 224 June 28, 2016 Item #16J4 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN JUNE 2 TO JUNE 15, 2016 PURSUANT TO FLORIDA STATUE 136.06 Item 16K1 A JOINT MOTION AND PROPOSED STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $500 FOR PARCEL 168TCE IN THE CASE STYLED COLLIER COUNTY V. ROBERT E. WILLIAMS, TR., ET AL., CASE NO. 14-CA-816 REQUIRED FOR THE EXPANSION OF COLLIER BLVD. FROM GREEN BLVD. TO GOLDEN GATE BLVD. (PROJECT NO. 68056) (FISCAL IMPACT: $215) Item 17A ORDINANCE 2016-20: AN ORDINANCE AMENDING ORDINANCE 2009-29, AS AMENDED, THE PLANNING COMMISSION ORDINANCE, SPECIFICALLY SECTION ONE (1) "ESTABLISHMENT; POWERS AND DUTIES;" IN ORDER TO DELETE AN OBSOLETE PROVISION REGARDING THE REVIEW OF PRELIMINARY SUBDIVISION PLATS; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE Page 225 June 28, 2016 DATE Item #17B RESOLUTION 2016-145: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET Item #17C This item has been continued to the July 12, 2016 BCC Meeting. RECOMMENDATION TO CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING THE "LONGWATER" COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES ***** Page 226 June 28, 2016 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4: 12 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECI DISTR TS UNDER ITS CONTROL DONNA FIALA, CHAIRMAN ATTEST DWIGHT E..BROCK, CLERK Attest as to Chairman's signature only. u ( These minutes approved by the Board on ,,)t 1-31 2t as presented ..-� or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 227