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BCC Minutes 09/13/2016 R BCC REGULAR MEETING MINUTES September 13, 2016 September 13, 2016 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 13, 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 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, Director of Finance and Accounting Troy Miller, Communications & Customer Relations Page 1 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority Piano AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 September 13, 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 Development 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 September 13,2016 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. Pastor Michael Bannon - Crossroads Community Church of Naples 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. June 28, 2016 - BCC/Regular Meeting Minutes Page 2 September 13,2016 C. July 12, 2016 - BCC/Regular Meeting Minutes 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Raul Llorca— Road Maintenance 2) 30 Year Attendees a) Jon Flomerfelt— Wastewater b) Jesse Komorny— Water Department c) Marc Stephenson— Water Department 3) 35 Year Attendees a) Daniel O'Brien— Road Maintenance B. ADVISORY BOARD MEMBERS C. RETIREES 1) 26 Years of Service a) Julio Ordonez— Transportation Engineering 2) 15 Years of Service a) Les Williams — EMS 4. PROCLAMATIONS A. Proclamation recognizing the United Way of Collier County for their contributions to the community, and to wish them yet another year of great success as they kick off the 2016-2017 campaign. To be accepted by Steve Page 3 September 13,2016 Cornell, Public Services Department Head; Steve Sanderson, United Way Executive Director; Tom Donahue, United Way Board Chair; Ann Bares, Vice President of Volunteer Engagement for the United Way; Elizabeth A. Morano, Vice President, Resource Development for the United Way; and other members and partners of the United Way. B. Proclamation designating September 2016 as Immokalee Soccer Pit Cobras Month in Collier County, in celebration of the success of the Immokalee Soccer Pit Cobras U17 Boys as champions in Division 1 of the USA League, champions of the Florida Region C and President's Cup, winners of the Region III Championship held in College Station, Texas, and for advancing to the President's Cup National Title game in Tulsa, Oklahoma. To be accepted by Coach Manny Touran, Assistant Coaches Manuel Preciado & Saintano Damas and the Soccer Pit Cobras team. C. Proclamation recognizing the Galleria Shoppes at Vanderbilt as the latest recipient of the Waste Reduction Awards Program (WRAP Award) for contributing to the greater good of Collier County by advocating the "Reduce, Reuse, Recycle" message and thereby helping to prolong the usable life of the Collier County Landfill. To be accepted by Mr. Andrew Johns, Property Manager and Mr. Mike Haupert, Leasing Manager. 5. PRESENTATIONS A. Recommendation to recognize Rolando Carrillo, Maintenance Worker, Parks and Recreation as the July Employee of the Month 2016. B. Len Lindahl, Assistant Executive Director, South Florida Water Management District, to provide an update on the Picayune Strand Restoration Project. 6. PUBLIC PETITIONS A. Public Petition request from Mr. John Lundin, on behalf of the Immokalee Chamber of Commerce, requesting that the Board of County Commissioners provide funding to hire a consultant to conduct a feasibility study of, and to lobby for, municipal incorporation for Immokalee. B. Public Petition request from Mr. Dennis B. Slabaugh requesting that the Page 4 September 13,2016 Board of County Commissioners set a minimum distance between commercial dumpsters and single-family dwellings, and further requesting a requirement that commercial dumpsters be sealed. Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development, and amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 43.2± acres of land zoned Rural Agricultural (A) to the Pelican Marsh PUD; by amending the Planned Unit Development document and the Master Plan to add R1 district parcels for 66 single-family dwelling units; by correcting a scrivener's error in the PUD Master Development Plan to Ordinance No. 2002-71 which omitted 141.6 acres east of Livingston Road; by adding an access point to Livingston Road; by providing development standards for the R1 district; by increasing the reserve and right-of-way; and by providing an effective date. The property to be added to the PUD is located in the northeast quadrant of Livingston Road and Vanderbilt Beach Road in Section 31, Township 48 South, Range 26 East, Collier County, Florida consisting of 2,256.8± acres for the entire Pelican Marsh PUD [PUDR- PL20140002211]. B. 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 amending Resolution Number 95-71 (Development Order No. 95-01), as Page 5 September 13, 2016 amended, for the Pelican Marsh Development of Regional Impact ("DRI") located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East in Collier County, Florida by providing for: Section One, Amendments to Development Order by adding 43.2 acres to the DRI; by revising Exhibit "D" and Map "H3" contained in the DRI Development Order to add 43.2 acres to the DRI and an access point on Livingston Road; and by reducing the reserve by 2 acres; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Economic Opportunity and Effective Date. (Petition DOA- PL20140002309, companion to Petition PUDR- PL20140002211). C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2014-34, the RMC-Enclave Residential Planned Unit Development, and amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 12.17± acres of land zoned Community Facility Planned Unit Development (CFPUD) known as the Grace Romanian Baptist Church of Naples CFPUD to the Residential Planned Unit Development (RPUD) zoning district known as the RMC-Enclave RPUD; by adding 48 residential dwelling units for a total of 162 residential dwelling units or by adding 150 group housing units for a total of 500 group housing units; by amending the master plan; by repealing Ordinance No. 11-18, the Grace Romanian Baptist Church of Naples CFPUD; and by providing an effective date. The subject property is located at the northwest quadrant of Learning Lane and Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida consisting of 40.55± acres. D. 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; Page 6 September 13,2016 Chapter Nine — Variations From Code Requirements; Chapter Ten Application, Review, and Decision-Making Procedures, and as further described in the attached amendments. E. This item continued to the October 11, 2016 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance no. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a Mobile Home (MH) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project known as Highview Roost Road RPUD to allow development of up to 60 single- family detached dwelling units or 86 single-family attached dwelling units on property located on Roost Road, south of Manatee Road in Section 11, Township 51 South, Range 26 East, Collier County, Florida, consisting of 21.59+/- acres; and by providing an effective date. (PUDZ- PL20140002809) F. This item continued to the October 11, 2016 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 95-74, the Naples Heritage Golf and Country Club Planned Unit Development, and amending Ordinance No. 2004-41, the Collier County Land Development Code, by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 5.21± acres of land zoned Rural Agricultural (A) to Naples Heritage Golf and Country Club PUD; by revising the property description; by adding a recreation area to Tract A; by revising development standards; by amending the Master Plan; by adding a tennis center conceptual site plan and a landscape buffer exhibit; and providing an effective date. The subject property, consisting of 563± acres, is located south of Davis Boulevard and west of Collier Boulevard in Sections 3, 4, 9 and 10, Township 50 South, Range 26 East, Collier County, Florida. 10. BOARD OF COUNTY COMMISSIONERS Page 7 September 13, 2016 11. COUNTY MANAGER'S REPORT A. Recommendation to consider the options regarding the settlement of the dispute between the City of Marco Island and Collier County over the responsibility, need, and timing of improvements to County Road 92A (Goodland Drive); and provide direction to the County Manager and County Attorney. (Nick Casalanguida, Deputy County Manager) B. Recommendation to consider an Interlocal Agreement approved by the Greater Naples Fire Commission and presented to County staff to provide fire services to the Ochopee Fire Control District. (Len Golden Price, Administrative Services) C. Recommendation to consider a request to release a parcel of land from the GAC Future Land Sales List to allow the adjacent property owner to purchase the parcel for the price of$7,524 pursuant to the terms of the 1983 GAC Land Trust Agreement and accept an in-house appraisal in lieu of an independent certified appraisal. (Len Price, Administrative Services Department Head) D. Recommendation to authorize the County Manager to make an offer to purchase the Courthouse Shadows Consolidated Holding, Inc. office building located at 3375 Tamiami Trail East. (Toni Mott, Real Property Manager) E. Recommendation to award and authorize the Chairman to execute Contract #16- 6662, "White Boulevard over Cypress Canal Bridge Replacement Project", to Manhattan Road & Bridge Company, in the amount of $3,730,719.70, Project Number 66066, and authorize the necessary budget amendment. Approval of this item is contingent on approval of Agenda Items #16A41 and #16A42. (Jay Ahmad, Transportation Engineering Division Director) F. Recommendation to award Bid #16-6660 to Bonness, Inc. for the "Airport Pulling Road north of Vanderbilt Beach Road" project for operational and safety improvements in the amount of$1,902,380.62, Project Number 60190. (Jay Ahmad, Transportation Engineering Division Director) G. Recommendation to award Invitation to Bid #16-6652 to BLDM USA, LLC Page 8 September 13, 2016 in the amount of$2,013,000 for the Rehabilitation of Wastewater Basin 306 Pump Stations, Group 1, Project 70142, and authorize the necessary Budget Amendment. (Tom Chmelik, Public Utilities Division Director) H. Recommendation to award Invitation to Bid #16-6659 to BLDM USA, LLC in the amount of$1,766,172 for the Rehabilitation of Wastewater Basin 306 Pump Stations, Group 2, Project 70142, and authorize the necessary budget amendment. (Tom Chmelik, Public Utilities Division Director) 12. COUNTY ATTORNEY'S REPORT A. Recommendation to appoint two members to the Collier County Planning Commission. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule. 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DEPARTMENT 1) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 328RDUE) required for expansion of Golden Gate Boulevard from Page 9 September 13, 2016 20th Street East to east of Everglades Boulevard. Project No. 60145 (Estimated Fiscal Impact: $65,150). 2) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 349RDUE) required for expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project No. 60145 (Estimated Fiscal Impact: $3,100). 3) Recommendation to approve an easement agreement for the purchase of a Road Right-of-Way, Drainage and Utility Easement (Parcel 317RDUE) required for expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project No. 60145 (Estimated Fiscal Impact: $5,400). 4) Recommendation to approve an easement agreement for the purchase of a road right-of-way, drainage, and utility easement (Parcel 395RDUE) required for expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project No. 60145 (Estimated Fiscal Impact: $3,277). 5) Recommendation to approve an easement agreement for the purchase of a road Right-of-Way, Drainage, and Utility easement (Parcel 382RDUE) required for expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project 60145 (Estimated Fiscal Impact: $236,854). 6) Recommendation to approve an easement agreement for the purchase of a road right-of-way, drainage, and utility easement (Parcel 403RDUE) required for expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project 60145 (Estimated Fiscal Impact: $9,210). 7) Recommendation to approve an easement agreement for the purchase of a road right-of-way, drainage, and utility easement (Parcel 397RDUE) and a temporary driveway restoration easement (Parcel 397TDRE) required for expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard. Project 60145 (Estimated Fiscal Impact: $10,239.50). Page 10 September 13, 2016 8) Recommendation to authorize the Clerk of Courts to release a Performance Bond No. 09204916 in the amount of$266,000 to Toll Brothers Inc., which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20160000376) for work associated with the Cay of Naples at Hacienda Lakes. 9) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$18,140 to applicant, Porter Wright Morris & Arthur, LLP, which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20150002426) for work associated with Legacy Lakes. 10) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$186,300 to applicant, DiVosta Homes, LP which was posted as a development guaranty for an Early Work Authorization (PL20150000451) for work associated with Winding Cypress Unit 2. 11) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$161,900 to Pulte Home Corporation which was posted as a guaranty for Excavation Permit Number 60.066, PL20110000670 for work associated with Quarry Phase 3. 12) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$54,902 to Lennar Homes, LLC., which was posted as a guaranty for Excavation Permit Number PL20140002750 for work associated with Montiano at Treviso Bay. 13) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$416,601.60 to Minto Communities, LLC., which was posted as a guaranty for Excavation Permit Number 60.080-7, PL20150001911 for work associated with Isles of Collier Preserve Phase 7. 14) Recommendation to authorize the Clerk of Courts to release Performance Bond in the amount of$579,667.20 to applicant, Minto Sabal Bay, LLC., which was posted as a guaranty for Excavation Permit Number 60.080-5, PL20150000492 for work associated with Page 11 September 13, 2016 the Isles of Collier Preserve Phase 6. 15) Recommendation to authorize the Clerk of Courts to release an Excavation Performance Agreement and Bond in the amount of $25,000 to CC Ave Maria Estates, LLC., which was posted as a guaranty for Excavation Permit Number 59.902-24, PL20150001735 for work associated with Maple Ridge Estates Model Lots. 16) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$47,800 to applicant, Ave Maria Development, LLLP, which was posted as a guaranty for Excavation Permit Number 59.902-20, PL20140000068 for work associated with Coquina at Ave Maria, Phase One. 17) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$72,200 which was posted as a guaranty for Excavation Permit Number 59.890-1, PL20150001749, for work associated with Kalea Bay. 18) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$74,600 to applicant, Twin Eagles Developments AGR, LLC., which was posted as a guaranty for Excavation Permit Number 60.117, (PL20120001072) for work associated with Twin Eagles Phase 2C, Block 111. 19) Recommendation to approve the release of three (3) code enforcement liens with a combined accrued value of$1,761,244.01 for payment of $744.01 in the code enforcement action entitled Board of County Commissioners v. Julio Iglesias, Code Enforcement Board Case Nos. CESD20100018711, CESD20100018717, and CENA20100018724 relating to property located at 985 Honeybee Drive, Collier County, Florida. 20) Recommendation to approve the release of a code enforcement lien with an accrued value of$75,198.10 for payment of$1,000 in the code enforcement action entitled Board of County Commissioners v. Jose Pineda, Code Enforcement Board Case No. 2006070815 relating to property located at 3585 33rd Avenue NE, Collier County, Florida. Page 12 September 13, 2016 21) Recommendation to approve final acceptance of sewer facilities for Radio Road Get Ready Center, PL20140000980, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $7,641.70 to the Project Engineer or Developer's designated agent. 22) Recommendation to approve final acceptance of water facilities for Calusa Pines Golf Club, PL20140001861, accept unconditional conveyance of a portion of these water facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $8,628.78 to the Project Engineer or Developer's designated agent. 23) Recommendation to approve final acceptance and unconditional conveyance of water and sewer utility facilities for Talis Park Drive Extension, PL20140000987/PL20130002663, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $41,866.69 to the Project Engineer or Developer's designated agent. 24) Recommendation to approve final acceptance and unconditional conveyance of water and sewer utility facilities for Seneca at Talis Park, PL20140001965, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of $4,000 to the Project Engineer or Developer's designated agent. 25) Recommendation to approve final acceptance of sewer facilities for Quail West Unit 3, Block K, Lot 97, PL20160001254. 26) Recommendation to approve final acceptance of water facilities for Grand Woodworking, PL20150000493, accept unconditional conveyance of a portion of the water facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligations Bond in the total amount of 4,973.40 to the Project Engineer or Developer's designated agent. 27) Recommendation to approve final acceptance of water and sewer facilities for Amberton (F/K/A Indian Lakes), PL20120001703, accept unconditional conveyance of a portion of the water and sewer Page 13 September 13, 2016 facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) in the total amount of $137,493.13 to the Project Engineer or Developer's designated agent. 28) Recommendation to approve final acceptance of water and sewer facilities for North Naples Fire Station #18, PL20150000192, accept unconditional conveyance of a portion of the water and sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligations Bond in the total amount of$14,065.54 to the Project Engineer or Developer's designated agent. 29) Recommendation to approve final acceptance of water and sewer facilities for Sabal Bay Commercial Plat, Phase 4, PL20140002814, accept unconditional conveyance of a portion of the water facilities, and to authorize the County Manager, or his designee, to release the Final Obligations Bond in the total amount of$4,000 to the Project Engineer or Developer's designated agent. 30) Recommendation to approve final acceptance and unconditional conveyance of water and sewer utility facilities for Bent Creek Preserve, Phase 1, PL20140000617, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or Developer's designated agent. 31) Recommendation to approve a Resolution for final acceptance of private roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Lantana, Application Number PL20100001536 and authorize release of the maintenance security. 32) Recommendation to grant final approval of private roadway and drainage improvements for the final plat of Veronawalk Phase 4C, Benelli and Karina Court Replat Application No. PL20110001063 with roadway and drainage improvements being privately maintained, acceptance of the plat dedications, and authorizing the release of the maintenance security. 33) This item requires that ex parte disclosure be provided by Page 14 September 13, 2016 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 Esplanade at Hacienda Lakes Phase 2B, (Application No. PL20160001208) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 34) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the minor final plat of Neighborhood Shoppes at Orangetree, Tract 2 Replat, Application Number PL20150001570. 35) 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 Isles of Collier Preserve Phase 8, (Application Number PL20160000515) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 36) 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 Esplanade Golf and Country Club of Naples Dilillo Parcel, (Application Number PL20160000536) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 37) 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 Del Webb Naples Parcels 107- 108, (Application Number PL20160000906) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 38) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all Page 15 September 13,2016 participants are required to be sworn in. Recommendation to approve for recording the final plat of Anthem Parkway, Phase Two, (Application Number PL20160001096) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 39) Recommendation to approve and authorize the Chairman to execute the Sovereignty Submerged Lands Easements for the Gulf of Mexico/Doctors Pass Easement Nos. 41899 and 41794. 40) Recommendation to authorize budget amendments to recognize revenue and transfer funding for projects within Transportation Capital Fund (313) and CDES Transportation Capital Fund (310) in the amount of$266,906.90. (Project Nos. 60085, 60088, 69331, 69333, 69334, 69336 and 69338) 41) Recommendation to award Contract #16-6560 for Construction Engineering and Inspection (CEI) and Related Services for "White Boulevard over Cypress Canal Bridge Replacement Project" to AECOM Technical Services, Inc., in the amount of$595,337.94, Project Number 66066, and authorize the necessary budget amendment. The approval of this item is contingent on approval of Agenda Items #11E and #16A42. 42) Recommendation to amend Exhibit "A" to Resolution No. 2013-239, the list of Speed Limits on County Maintained Roads, to reflect a temporary reduction of the speed limits on White Boulevard, from approximately 600 feet west to 593 feet east of the Cypress Canal centerline, from forty- five (45) miles per hour to thirty-five (35) miles per hour, due to the construction of the White Boulevard over Cypress Canal Bridge Replacement Project, 66066.10. Approval of this item is contingent on approval of Agenda Item #11E and #16A41. 43) Recommendation that the Board of County Commissioners approve an Adopt-a-Road Program Agreement for the segment of Immokalee Road from Goodlette Frank Road to Airport Pulling Road, with two (2) recognition signs and two (2) Adopt-a-Road sponsor signs at a total cost of$200 with volunteer group, Thomas P. Hale, D.D.S., P.L. Page 16 September 13, 2016 44) Recommendation to approve a Resolution amending the Collier County Growth Management Department/Planning and Regulation fee schedule with an effective date of October 1, 2016, to include a new fee for an application called an "Existing Conditions Site Improvement Plan." The approval of this item is contingent on approval of Agenda Items #9C and #16A46. 45) Recommendation to accept and approve the Collier County Floodplain Management Plan 2015 Progress Report and Proposed Action Plan for 2016. 46) Recommendation to approve a Resolution amending Ordinance No. 2004-66, as amended, that created an Administrative Code for Collier County, to add Section I.3.a., entitled Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites — Existing Conditions. Site Improvement Plan, to Chapter Four, Administrative Procedures, of Exhibit "B," Administrative Code for Land Development; and providing an effective date. The approval of this item is contingent on approval of Agenda Items #9C and #16A43. 47) Recommendation to approve the Selection Committee's rankings and enter into negotiations for contracts for RFP #16-6598, "Fixed Term Landscape Architectural Services". 48) Recommendation to approve and authorize the Chairman to sign a Collier County Landscape Maintenance Agreement (Agreement) between Collier County and Oakes Farms, Inc. (Oakes Farms) for landscape and irrigation improvements within the Livingston Road public right-of-way. 49) Recommendation to approve the First Amendment to Lease Agreement with the Florida Department of Agriculture and Consumer Services, Florida Forest Service, revoking the March 8, 2016, Notice of Termination, and extending the term of the lease for the Forestry's administrative offices and operations facility on Randall Boulevard until September 30, 2021, with the option to terminate at any time with a 180-day notice. 50) Recommendation to approve an Easement Agreement and authorize Page 17 September 13,2016 the Chairman to execute same on behalf of the Board. Pine Ridge Stormwater Improvements. Project No. 60126. (Fiscal Impact: $27) 51) Recommendation to approve a Resolution supporting an application by Florida Gulf Coast University, the University of Florida and other institutions to National Oceanic and Atmospheric Administration's (NOAA) National Centers for Coastal Ocean Science for a study to predict the impact of near-future sea-level rise and storm surge in Collier County. 52) Recommendation to direct staff to pursue a Land Development Code Amendment to examine a setback requirement for dumpsters and recycling receptacles for commercial, industrial and multi-family projects from residential uses to address compatibility concerns. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve CRA staff's attendance at the Florida Redevelopment Association 2016 Annual Conference; authorize payment of attendee registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget; and declare the training received as serving a valid public purpose. C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2016 Tax Year. 2) Recommendation to approve Amendment No. 1 to Contract #14-6345 "Construction Engineering and Inspection (CEI) Services for the Wastewater Basin Programs [MPS 101 Basin]" with Stantec Consulting Services Inc., to allow for a CEI field office in Basin 101 of the Wastewater Basin Program. 3) Recommendation to approve a $301,990 work order under Request for Quotation #14-6213-72 to Haskins Inc., to rehabilitate Pump Station 300.04 under Wastewater Pump Station Technical Support Page 18 September 13, 2016 Project Number 70046. 4) Recommendation to approve a $638,659 work order to Douglas N. Higgins, Inc., under Request for Quotation #14-6213-71 for Underground Utility Contracting Services for the Creekside Boulevard Force Main Extension - Phase 1, Project Number 70044. 5) Recommendation to waive competition and authorize a sole source purchase in the amount of$55,358.50 from E.H. Wachs Company for a complete valve turner package consisting of the ERV-750 Automated Valve Operator, Exercisor and Rehabilitator, and the Utility Hydro-Vac. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to recognize interest earnings from State Aid to Libraries Grants and approve a budget amendment in the amount of $459.69 to recognize State Aid Interest Earnings through June 30th. 2) Recommendation to approve an Underground Facilities Conversion Joint Trench Agreement with CenturyTel Service Group, LLC for Phases Two, Three and Four of the Vanderbilt Beach Municipal Service Taxing Unit (MSTU) Aerial to Underground Utility Conversion Project. 3) Recommendation to approve an award for Invitation to Bid #16-6647 "Vanderbilt MSTU Utility Conversion Installation and connection of new underground CenturyLink network to ElectriCom, LLC in the amount of$347,012.55. 4) Recommendation to approve the purchase of four ADA beach wheelchairs from Deming Designs, Inc. using Tourist Development Tax Funds and make a finding that this expenditure promotes tourism. 5) Recommendation to approve the submittal of a grant application for the FY 15/16 Federal Highway Administration Flexible Funds in the amount of$497,000 through the Federal Transit Administration Transit Award Management System (TrAMS), approve a budget amendment and authorize, pre-award and the execution of the funding Page 19 September 13, 2016 award agreement after the new application is input in TrAMS to allow continuous operation of the Collier Area Transit system. 6) Recommendation to approve and authorize the Chairman to sign six satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance for Collier County HOME Investment Partnership Program. 7) Recommendation to approve four releases of lien for full payment of deferral of 100% of countywide impact fees for owner occupied affordable housing dwelling units. 8) Recommendation to approve five mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$48,647. 9) Recommendation to approve the SHIP Annual Report and authorize the Chairman to sign the "State Housing Initiatives Partnership (SHIP) Program Annual Report and Local Housing Incentive Certification" for FY 13/14 and interim FY 14/15 and FY 15/16 to ensure compliance with program requirements. 10) Recommendation to award Request for Proposal #16-6567, "Museum Exhibit Design, Fabrication and Installation," to Creative Arts Unlimited, Inc. 11) Recommendation to accept a distribution from The Raymond James Trust, N.A., Franz Pschibul Revocable Trust of 1996, in the amount of $579.55 to specifically benefit Naples Regional Branch Library and authorize the Chairman to approve the required receipt and necessary budget amendment. 12) Recommendation to approve a Resolution and provide after the fact approval for submittal of the Shirley Conroy Rural Area Capital Equipment Support Grant in the amount of$123,040 to the Florida Commission for Transportation Disadvantaged for the procurement of Real Time Notification System and a Web/Mobile Application and authorize the Chairman of the Board to sign the grant and all applicable documents. Page 20 September 13,2016 13) Recommendation to approve the shortlist of professional engineering consultants pursuant to Request for Proposal #16-6641, "Landscape Architect Radio Road East Municipal Service Taxing Unit (MSTU)," to enter into negotiations between Collier County and Urban Green Studio for Landscape Architect Services, and extend FY16 Purchase Order No. 4500163402 to October 31, 2016. 14) Recommendation to approve the selection committee rankings and authorize entering into negotiations with Q. Grady Minor and Associates for a contract related to Request for Proposal #16-6622, "Big Corkscrew Island Regional Park." 15) Recommendation to authorize necessary budget amendments, in the amount of$3,081,352 for the U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2016-2017 budget as approved in the HUD Action Plan for entitlement funds and authorize the Chairman to sign the standard HUD entitlement agreements upon arrival. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution 2004-15 for the third quarter of FY16. 2) Recommendation to award Invitation to Bid #16-6640R Uninterrupted Power Systems — Facilities Management Division to Precision Power Services, Inc., System Engineering International, LLC d/b/a Critical Power USA, and Fakouri Electrical Engineering, Inc.; and approve Agreement #16- 6640R Uninterrupted Power Systems to implement these awards. 3) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders, surplus property and other items as identified. 4) Recommendation to approve and authorize the Chairman to execute the attached HIPAA Business Associate Agreement as required pursuant to the terms of the Interlocal Agreement between the Collier County Board of Page 21 September 13, 2016 County Commissioners and the North Collier Fire Control and Rescue District (dated March 22, 2016). 5) Recommendation to award Invitation to Bid #16-6698 Pest Control — Facilities Management Division, to Truly Nolen of America, Inc., and the Board to approve Agreement #16-6698 with Truly Nolen of America, Inc. 6) Recommendation to award Request for Proposal (RFP) #16-6597, Collier County Jail Master Plan to AECOM Technical Services, Inc. In the amount of$381,852. 7) Recommendation to recognize accrued interest earned by EMS County Grant revenue and appropriate funds for a total amount of$101.93. 8) Recommendation to award joint RFP# 16-0036, Pharmacy Benefit Management Services to Envision Pharmaceutical Services, Inc., amending the existing agreement for 2-year term effective January 1, 2017, a savings of$2,945,116 over the existing Agreement. F. COUNTY MANAGER OPERATIONS 1 1) Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meeting(s) dated July 26, 2016; August 9, 2016 and August 23, 2016). 2) Recommendation to award a contract under Request for Proposal #16-6571 "Impact Fee Study" to Tindale-Oliver & Associates, Inc. to provide consulting services for impact fees. (Estimated value over 4-years is $950,000) 3) Recommend approval of Amendment #1 to Pro Watercross Championship Agreement to exercise the renewal option to host the 2016 event, approve Tourist Development Tax Category "B" funding to support Pro Watercross World Championships September 16 - 26, 2016 and make a finding that this expenditure promotes tourism. 4) Recommendation to authorize budget amendments appropriating approximately $377,007,918.64 of unspent FY 2016 grant and capital Page 22 September 13, 2016 project budgets into fiscal year 2017. 5) Recommendation to approve a report covering budget amendments impacting reserves and moving funds in an amount up to and including $25,000 and $50,000, respectively. 6) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2015-16 Adopted Budget. 7) Recommendation to approve Tourist Development Grant Application Agreements for FY 17 Category B (Marketing and Events Grants) ($83,000) and Category C-2 (Non-County Owned Operated/Museums) ($411,176) Grants, authorize the Chairman to sign the agreements, and make a finding that this action promotes tourism. 8) Recommend approval of Tourist Development Tax Category B (Marketing and Events Grants) funding to support three upcoming FY16 Sports Events up to $24,900 and make a finding that these expenditures promote tourism. 9) Recommendation to approve Tourism Category B (Marketing and Events Grants) funding for the contract between Collier County and Spirit Promotions for reimbursement of the operating expenses for 2017 US Open Pickleball Championships in the amount of$60,000 and make a finding that this expenditure promotes tourism. 10) Recommendation to award RFP #16-6611 for International Tourism Representation for the UK/Ireland to OMMAC, LTD, and to DiaMonde e.K., for representation in the remaining European countries, authorize the Chair to execute the County Attorney approved contracts, and make a finding that this item promotes tourism. 11) Recommendation to approve a work order using Contract #13-6164 to Agnoli, Barber & Brundage, Inc. to determine the feasibility and suitability of developing existing park properties and privately owned property for Sports Tourism venues in the amount of$48,240; a finding that this expenditure promotes tourism and authorize necessary budget amendment. 12) Recommendation to approve the Fiscal Year 2017 Agreement between the Page 23 September 13, 2016 Partnership for Collier's Future Economy, Inc. ("Partnership") and Collier County in continued support of the established public-private partnership designed to advance the County's economic development efforts. 13) Recommendation to approve a Memorandum of Agreement made and entered into by and between the State of Florida, Department of Economic Opportunity (DEO), and Collier County to designate the area in and around Immokalee as a Rural Area of Opportunity (RAO) and to appoint designated contacts for Collier County as identified in Exhibit "A" to the Memorandum of Agreement. 14) Recommendation to approve the Fiscal Year 2017 Agreement between Economic Incubators, Inc. and the Board of County Commissioners in continued support of the established public-private partnership designed to advance the County's economic development efforts. 15) Recommendation to approve the proposed Fiscal Year 2017 Agreement between the Southwest Florida Economic Development Alliance, Inc. and Collier County in continued support of the established public- private partnership designed to advance the County's economic development efforts. G. AIRPORT AUTHORITY 1) Recommendation to approve a Resolution authorizing execution of Supplemental Joint Participation Agreement (JPA) Number One to Contract #G0615 with the Florida Department of Transportation (FDOT) to provide additional funds in the amount of$41,120 to replace the AvGas Fuel Facility at the Everglades Airpark, Project #33454. (Fiscal Impact: $32,896 FDOT, $8,224 Local Match) 2) Recommendation to approve a Resolution authorizing execution of Supplemental Joint Participation Agreement (JPA) Number One to Contract #G0594 with the Florida Department of Transportation to provide additional funds in the amount of$56,121 for enhancements to the AvGas Fuel Facility at the Marco Island Executive Airport, Project #33450. (Fiscal Impact: $44,897 FDOT and $11,224 Local Match). 3) Recommendation to accept a Federal Aviation Administration (FAA) grant Page 24 September 13, 2016 offer for $67,950 for design and bidding of the rehabilitation of Taxiway B at the Immokalee Regional Airport, and authorize associated budget amendments. (Fiscal Impact: $67,950 FAA and $7,550 County.) 4) Recommendation to accept a Federal Aviation Administration p (FAA) grant offer for $152,078 to update the Master Plan/Airport Layout Plan (ALP) for the Immokalee Regional Airport, and authorize associated budget amendments. (Fiscal Impact: $152,078 FAA and $16,897 County) 5) Recommendation to accept a Federal Aviation Administration (FAA) grant offer for $508,747 for the design, permitting and bidding of the expansion of the aircraft parking apron and airfield safety improvements at the Marco Island Executive Airport, and authorize associated budget amendments. (Fiscal Impact: $508,747 FAA and $56,528 County.) 6) Recommendation to approve a Collier County Airport Authority Standard Form Lease and Addendum with Economic Incubators, Inc., at the Immokalee Regional Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Appoint a member to Conservation Collier Land Acquisition Advisory Committee. 2) Recommendation to reappoint one member to the Board of Building Adjustments & Appeals. 3) Recommendation to reappoint two members to the Affordable Housing Advisory Committee. 4) Recommendation to appoint one member to the Collier County Public Safety Authority. I. MISCELLANEOUS CORRESPONDENCE 1) Board of County Commissioners Miscellaneous Correspondence September 13, 2016. J. OTHER CONSTITUTIONAL OFFICERS Page 25 September 13, 2016 1) Request that the Board of County Commissioners approve the use of $25,000 from the Confiscated Trust Funds to support the Collier 211 Campaign. 2) To provide to the Board a "Payables Report" for the period ending August 31, 2016 pursuant to the Board's request. 3) 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 period between August 11 to August 31, 2016 pursuant to Florida Statute 136.06. 4) 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. K. COUNTY ATTORNEY 1) Report - Public Hearing Requirements - Pelican Bay MSTBU special Assessments. 2) Recommendation to accept a Second Offer of Judgment in the amount of $99,950 and statutory attorney's fees in the amount of$7,804.50 for a total cost of$107,754.50 as full compensation for the taking of Parcel 141RDUE needed for widening of Golden Gate Boulevard from Wilson Boulevard to 20th Street East, Project No. 60040. (Fiscal Impact: $32,224.50) 3) Recommendation to approve an Amendment to the Agreement for Legal Services for the Retention Agreement with Hopping Green & Sams, P.A. 4) Recommendation to approve a Joint Motion and proposed Stipulated Final Judgment for Expert Fees incurred by Respondent Eden Institute, in the amount of$10,839.48 for Parcel 128, in the pending eminent domain case styled Collier County v. Charles R. Keller, et al., Case No. 06-CA-0876, relating to Project No. 60101, the expansion of County Barn Road. (Fiscal Impact: $10,839.48) Page 26 September 13,2016 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 approve an Ordinance amending Ordinance Number 92-23, the Wilson Professional Center Planned Unit Development (PUD), as amended, to correct a scrivener's error in Section 4.3(13) relating to minimum required setbacks for the monopine communication tower and related facilities, and to revise the mailing address for the sponsor of the PUD, for the PUD property located at the southwest corner of Airport- Pulling Road and Bailey Lane in Section 23, Township 49 South, Range 25 East, Collier County, Florida; and by providing an effective date. [SE- PL20160001712] B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code (LDC), which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Residential RMF-6 zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project known as the Onyx RPUD to allow development of up to 48 single family and/or multi-family dwelling units on property located on the east side of Santa Barbara Boulevard approximately one-half mile north of Rattlesnake- Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida, consisting of 8.72± acres; providing for repeal of Ordinance No. 06-53 and by providing an effective date. Page 27 September 13,2016 C. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20150001568, to disclaim, renounce and vacate the County and the public interest in the drainage easement, recorded in Official Record Book 3894, pages 780 through 781 of the public records of Collier County, Florida, located in Section 22, Township 48 South, Range 27 East, Collier County, Florida. D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2015-16 Adopted Budget. E. Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls, and adopt same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County, the City of Marco Island, and the City of Everglades City, pursuant to Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be $22,970,500. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 28 September 13, 2016 September 13, 2016 CHAIRMAN FIALA: Good morning. And would everybody take their seats, please. MR. CASALANGUIDA: Ma'am, you have a live mike. CHAIRMAN FIALA: Thank you very much. And with that, welcome, welcome to our wonderful meeting. We're happy to see all of these people here. Oh, Immokalee. That's wonderful. Nice to have you-all here. And with that, I would ask you to stand and say the Pledge of Allegiance. Put your hand over your heart, please. MR. OCHS: Madam Chair. CHAIRMAN FIALA: Yes, sir. MR. OCHS: If we could begin with the invocation first. CHAIRMAN FIALA: Pardon me? Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE MR. OCHS: The invocation, perhaps, would start first, normally. CHAIRMAN FIALA: Okay. I'm sorry. MR. OCHS: We have Pastor Michael Bannon from the Crossroads Community Church of Naples, and he'll be followed by the pledge. PASTOR BANNON: Great. Thank you. Let's pray. Lord God, we're thankful for this opportunity to be together. We thank you for our county commissioners. Thank you for their service to our county. Thank you for their leadership. Lord God, I pray that you would bless them this day with wisdom, great insight into the needs of our community. Father, I pray that you'd give them a spirit of unity. I pray that you give them great creativity as they look to improve our community. Page 2 September 13, 2016 Thank you for blessing us with this beautiful community and this rich environment, and we are grateful to you for your goodness. Father, I pray that you would help us to be good citizens as well; that we might be cooperative and work together; that this community might be for your glory. And so we give ourselves in this time to you for your great glory. Amen. CHAIRMAN FIALA: And now, if you would put your hands over your hearts and say with me... (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you. Okay. Leo, would you like to begin? I mean County Manager; I should be formal. Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED - APPROVED AND/OR ADOPTED W/CHANGES; COMMISSIONER HENNING — MOTION FOR ITEM #16F11 TO REMAIN ON CONSENT AGENDA UNTIL THE LEGAL MATTER REGARDING THE GOLF COURSE HAS BEEN RESOLVED — APPROVED (COMMISSIONER TAYLOR AND COMMISSIONER HILLER OPPOSED); MOTION TO APPROVE THE AGENDA AS AMENDED — APPROVED MR. OCHS: Yes, ma'am. Good morning, Madam Chair and members of the County Commission. These are the proposed agenda changes for the Board of County Commissioners' meeting of September 13th, 2016. The first proposed change is to continue Item 11C to the Page 3 September 13, 2016 September 27th, 2016, BCC meeting. That continuance is at the staffs request. The next proposed change is to move Item 16F11 from the consent agenda to become Item 11I under the regular agenda. 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 that the payables presented in the payables report have been pre-audited as previously specified by the Board. That's at staff request. We have two agenda notes this morning, Commissioners. The first one relates to Item 16A44. There was a reference in the title to a companion or contingent item on the agenda being 9C. That was incorrect. That item is 9D. And then the next note is related to Item 16A46. Again, there were two contingent items on the agenda related to this. The index title listed 9C and 16A43. The correct listing is 9D and 16A44. So those are the two noted corrections to those two agenda items. There are no time-certain items this morning, Madam Chair. Your court reporter breaks are typically at 10:30 and again at 2:50. Public comments on general topics not on the current or future agenda to be heard no sooner than one p.m. or at the conclusion of the agenda, whichever occurs first, and advertised hearings are heard no sooner than 1:30 p.m. And those are all the changes I have this morning, Commissioners. CHAIRMAN FIALA: Thank you very much. And, County Attorney? MR. KLATZKOW: No changes, ma'am. CHAIRMAN FIALA: Okay. Commissioners, let's start with Commissioner Henning. COMMISSIONER HENNING: Good morning. No ex parte Page 4 September 13, 2016 communication on today's summary or consent agenda. On Item 16F1 that's being moved from the regular agenda, if we -- part of that is studying the Golden Gate golf course for -- see if it's feasible for a sports tourism facility. If we remove the study for this golf course until the Court issue is settled, would that suffice? CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: Can we do that? MR. OCHS: We could certainly do that, sir. I just need some indication if there's a consensus or majority of the Board. COMMISSIONER HENNING: I'm going to put it as part of the motion of the approval that we remove the study of the Golden Gate golf course or the feasibility until the issue in the Court has been determined. MR. OCHS: Commissioner Henning? CHAIRMAN FIALA: Sir, could you not talk so loud. We're trying to conduct the meeting. MR. HAGEN: I'm speaking to the attorney. I'm sorry. MR. OCHS: Madam Chair, if that motion is approved, would you then not need to remove that item from the consent agenda? CHAIRMAN FIALA: That's correct. COMMISSIONER HENNING: So maybe we ought to determine that now before we move on for the regular agenda. So I'll make that a motion. CHAIRMAN FIALA: That would be good. COMMISSIONER NANCE: Second. MR. OCHS: Commissioner, again, I believe, just before you take the vote, Commissioner Taylor also had a comment that she wanted to make. COMMISSIONER TAYLOR: Yes, yes. And I can't support the motion, not that I -- not that I am disrespecting our chairman's concern Page 5 September 13, 2016 about development of golf courses or your savvy, Commissioner Henning, you know, observation that it's still in court. But I think it's very important that we prepare for the future, and preparing for the future means a feasibility study. It does not mean we're going to do this, but it allows us to see if, indeed, it's even workable for a sports complex because, frankly, we need to have that information going forward. And so it really is purely for informational, not to, you know -- not to stake a claim and say this is what we're going to do but so that we can have the information and that we're prepared in our decision making, which probably is going to happen in the next few months. CHAIRMAN FIALA: Commissioner Henning, do you have any response? COMMISSIONER HENNING: Well, part of argument the county has, that there's covenants on it, that it shall remain a golf course. So if we're studying it for other purposes, we're kind of saying two different things to not only the people but the judge. That's really the reason that I want to continue that. CHAIRMAN FIALA: And I feel that there is no feasibility for any type of sports complex when it's surrounded by homes. Those people bought on a golf course. They did not buy on a sports complex that can be going on all night and all weekends, and that is not fair to the neighbors there. So I agree with Commissioner Henning, but that's my feelings. Anybody else want to weigh in on that? COMMISSIONER NANCE: I don't object to any feasibility analysis. It's certainly going to be determined by the Board of County Commissioners anyway, but I think Commissioner Henning's recommendation is wise in that the consultant is merely going to have to couch anything he does predicated on the determination of the courts. And so I think Commissioner Henning is wise to redact that Page 6 September 13, 2016 from this item, and I could support it with that redaction. CHAIRMAN FIALA: Very good. Commissioner Hiller? COMMISSIONER HILLER: Well, with all the discussion, I think your idea of pulling it and leaving it on the agenda is a good one because it sounds to me like it warrants further discussion, and I believe there are some people maybe in the audience who want to speak to it, too. So maybe we should just leave it on the agenda and -- CHAIRMAN FIALA: Put it on the regular agenda? COMMISSIONER HILLER: -- leave it exactly the way Commissioner Fiala requested in the first place. CHAIRMAN FIALA: Well, we have a motion on the floor to do otherwise. Commissioner Henning, how do you feel about that? COMMISSIONER HENNING: Yeah, no. I don't think we should discuss something that's in the courts, and we're a part of it. So that's my motion. Let's vote. COMMISSIONER NANCE: I seconded it. CHAIRMAN FIALA: Okay. All in favor, signify by saying aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER TAYLOR: Opposed. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: It's a 3-2. MR. MILLER: Madam Chair, I do have a registered speaker for Item 16F11. COMMISSIONER HENNING: Have to wait -- MR. MILLER: So I don't know if that impacts what we're doing or -- Page 7 September 13, 2016 COMMISSIONER NANCE: 11I. COMMISSIONER HILLER: Right. That is the item that we've been discussing. MR. MILLER: Yeah. So do -- I'm sorry. I was having a hard time keeping up. Did it get pulled? Is it on the regular agenda or staying on consent or removed? MR. OCHS: It's on consent. MR. MILLER: It's on consent. So I do have a registered speaker for that item. Garrett Beyrent. MR. BEYRENT: I don't need to speak. Thank you. You answered my questions. CHAIRMAN FIALA: Okay. Thank you. MR. MILLER: And I don't have -- sir, did you want to speak on this item? I don't have your name here. MR. HAGEN: Michael Hagen. MR. MILLER: Okay. MR. HAGEN: I get three minutes, right? MR. MILLER: Yes, sir. COMMISSIONER TAYLOR: With all due respect, it's my understanding that we just voted not to discuss this; is that correct? MR. HAGEN: But you've got a speaker on the issue. COMMISSIONER TAYLOR: Yes. No, no, I'm not trying to -- MR. HAGEN: You don't have to discuss it. COMMISSIONER TAYLOR: No, no. I'm not silencing you, sir. MR. KLATZKOW: Sir, please. COMMISSIONER TAYLOR: I'm just -- this is really for my edification. MR. HAGEN: Can I start the clock over? COMMISSIONER NANCE: The motion was to leave it on the consent agenda redacting the consideration of the golf course. That was the motion that Commissioner Henningmade, and I seconded it, Page 8 September 13, 2016 and it was defeated. So at present, it's been requested to -- MR. OCHS: No, it was approved, sir. CHAIRMAN FIALA: It was approved. MR. OCHS: 3-2. COMMISSIONER NANCE: It was? MR. OCHS: Motion passed. COMMISSIONER NANCE: Okay. MR. HAGEN: What's the motion? I don't really know. I'm asking a serious question. COMMISSIONER TAYLOR: Okay. MR. KLATZKOW: It stays on consent, correct? That's all. MR. HAGEN: Ms. Fiala, Chairperson Fiala, I'm asking a serious question: What is the motion that is now under contract -- CHAIRMAN FIALA: The motion is -- MR. HAGEN: -- for the county? CHAIRMAN FIALA: -- to leave it on consent agenda minus the Golden Gate golf course is the way I understood it. Commissioner Henning? MR. HAGEN: That's great. Can I have my three minutes at some point? Should I come back at 1:00? COMMISSIONER NANCE: And what was the vote? CHAIRMAN FIALA: That's 3-2 in favor of leaving it on the consent agenda but removing the golf course. COMMISSIONER NANCE: Okay. MR. HAGEN: What are you removing the golf course from? I don't understand. People bought their home around a golf course. CHAIRMAN FIALA: Sir, sir, you have to give me your name. You're -- MR. HAGEN: Michael Hagen. CHAIRMAN FIALA: -- talking like you're sitting up here with us. And could you please -- Page 9 September 13, 2016 MR. HAGEN: I should be. That's the point. THE COURT REPORTER: I can only get one person at a time, sir. COMMISSIONER HENNING: Commissioner Fiala? MR. OCHS: It's on. MR. HAGEN: I didn't know that. COMMISSIONER HENNING: Commissioner Fiala, can I try? CHAIRMAN FIALA: Yes, yes. COMMISSIONER HENNING: Mr. Hagen -- MR. HAGEN: Yes, sir. COMMISSIONER HENNING: -- the study of the Golden Gate golf course has been removed from this item, so it won't be studied for a feasibility for -- MR. HAGEN: Okay, good. COMMISSIONER HENNING: -- recreational. MR. HAGEN: Okay good. COMMISSIONER HENNING: So if that is your concern, we have addressed your concern. MR. HAGEN: That is not my concern. COMMISSIONER HENNING: If you have any other -- MR. HAGEN: In order to address my concern -- COMMISSIONER HENNING: Hang on. MR. HAGEN: -- I must express it to you. COMMISSIONER HENNING: You need to allow people to have time to talk. MR. HAGEN: I agree. COMMISSIONER HENNING: And I'm going to stop and let you talk, so just hang on. MR. HAGEN: Okay. Thank you. COMMISSIONER HENNING: So if you have other concerns besides a golf course, please proceed. Page 10 September 13, 2016 MR. HAGEN: Okay. My concern with the golf course idea that you're speaking about, or any golf course, is I don't know -- apparently I don't know what eminent domain means, according to my attorney friends, but I know in Hoffman Estates, Illinois, when a plumber bought the golf course, Moon Lake golf course where I worked, he called it Papa Creek Country Club. He built some wonderful homes about it, then the city of Hoffman Estates came in and condemned it -- I assume that's the proper legal term -- under eminent domain, and paid him a fair market value for it. Why are you concerned about -- a sports complex is an absurd idea for Collier County under any condition right now, any, namely because of traffic. And why I'm -- I'm a PJA golf professional, Class A-1, twice, top 5 percent in all of the country. No, you don't see me on TV playing golf. I wouldn't waste my time here if I could play golf for a living. I'm not wasting any time, because why not provide in a wonderful, quote-unquote, Naples in paradise, Ms. Hiller, a golf course for kids who need it? Because this is a great game. Everybody can have their private clubs and go into your gated community, okay, in Pelican Bay, wherever people choose to live. That's awesome that they have the right to choose to live, you know, in some type of freedom here in this county. But where's the affordable golf for -- this is something that must be provided for children. And you don't have to do it. I'll find somebody to buy the golf course and sell -- lease it back to the county for dollar a year. COMMISSIONER HILLER: This is not my issue. This is between Commissioner Fiala -- MR. HAGEN: Well, I'm talking to you. I'm talking to one person. I choose to speak to you. You've been the chairperson. I don't know when the thing rotates around. That's fine. I speak to you Page 11 September 13, 2016 because I respect what you've done -- COMMISSIONER HILLER: Thank you. MR. HAGEN: -- to some extent, all that I know, except for a few things. COMMISSIONER HILLER: Thank you. MR. HAGEN: You're allowed a few mistakes. COMMISSIONER HILLER: Thank you. MR. HAGEN: You're welcome. So that would be my concern about the golf course. Why not make it a county course so I can play it. I used to play golf and it made me a golf professional because I love it; $125 all summer. Sure, that's 1976. So 300. You're not going to lose money on a golf course, okay. You need to develop the game. And the people that want to play it, they can't afford to play, you know, where you play golf. COMMISSIONER HILLER: I don't play golf. MR. HAGEN: Right. Where you play tennis. COMMISSIONER HILLER: I don't play tennis. MR. HAGEN: Where you eat dinner. Where you sleep at the Ritz-Carlton. I've slept there with, like, 10 other people -- COMMISSIONER HILLER: I don't sleep there either. MR. HAGEN: -- and then it's affordable to me. Why wouldn't you? COMMISSIONER HILLER: I think it's a great idea. MR. HAGEN: Okay. COMMISSIONER HILLER: I think we should look into it. MR. HAGEN: Should I write it up and give it to you as a written proposal? COMMISSIONER HILLER: Sure. CHAIRMAN FIALA: We already introduced that same subject months ago -- MR. HAGEN: Why -- I didn't know about it. You're my Page 12 September 13, 2 1 p 0 6 commissioner, my district. I didn't know about it. Why shouldn't I know about it? CHAIRMAN FIALA: Yes. When they were first talking about it, I said what we need to do is make it a public golf course and the people -- MR. HAGEN: Well, then why didn't we do it? CHAIRMAN FIALA: -- in Golden Gate loved the idea, and so we've talked about that -- MR. HAGEN: And whose district is that; Mr. Nance's? CHAIRMAN FIALA: I'm not going to talk while you're talking. MR. HAGEN: Okay. CHAIRMAN FIALA: And that's why I wanted to pull it off, because I feel it should remain a golf course -- MR. HAGEN: Absolutely. CHAIRMAN FIALA: -- and I like the idea of being a public golf course. MR. HAGEN: Absolutely. Whose district is that? CHAIRMAN FIALA: What is your name, sir? MR. HAGEN: I have eight seconds. Whose district is that golf course in? COMMISSIONER TAYLOR: Oh, my goodness. CHAIRMAN FIALA: Commissioner Henning's. MR. HAGEN: Henning. Okay. And how about Lakewood in your district. There? CHAIRMAN FIALA: What is his name? Do you have his name? MR. MILLER: Michael Hagen, I think, is what I was given. I do believe that's what he said, ma'am. Mr. Beyrent does want to speak on this item, as it turns out. He does not want to waive. CHAIRMAN FIALA: Go ahead. Page 13 September 13, 2016 COMMISSIONER HILLER: This is -- I mean, this is really inappropriate because we're -- CHAIRMAN FIALA: I know. This is -- COMMISSIONER HILLER: It really should be on the official agenda and allow the public who wants to participate in the discussion of this feasibility study, because I think there are even other people here beyond these people who have signed up under consent. CHAIRMAN FIALA: Let's finish this up, and then we're done. I'm sorry for all of this, audience. We don't usually conduct meetings in this manner. Go ahead. MR. BEYRENT: For the record, I'm Garrett FX Beyrent. I agreed with everything that guy said but for totally different reasons, so -- I'm the competition. The bottom line is, you see these kids here? That's the future. Golf is dead, or it's dying. Baseball died a long time ago. And my argument really is -- it's not really an argument. I read this 126-page Hunden Feasibility Study on sports complexes, and they've got 12 baseball fields in here. I'm saying, who the hell plays baseball? Now, sorry, I shouldn't have used that "H" word. But, you know, what I'd like to see in a sports complex is pickleball and soccer, okay. That's where it's at for kids of the future. UNIDENTIFIED SPEAKER: What about golf? MR. BEYRENT: And golf. Yeah, I think they ought to make that golf course into a public golf course, personally. That's it. No, I agree with him. I think that should be a public golf course. That's just my opinion. CHAIRMAN FIALA: Thank you very much. MR. BEYRENT: And that's it. That's an -- and Leo said I can't talk really long. Okay. CHAIRMAN FIALA: Right. And you haven't even got a speaker slip in there, so... Page 14 September 13, 2016 MR. BEYRENT: Oh, okay. Thank you very much. CHAIRMAN FIALA: Okay. We have -- I have Hiller and Taylor up. Commissioner Hiller? COMMISSIONER HILLER: Leo, can you bring forward an agenda item that addresses proposed possible uses of that golf course as a public venue, what it would cost to acquire it, what it would cost to maintain it if we did, to allow the Board to evaluate the feasibility of a project like that since there seems to be community interest in maintaining it as a golf course and possibly seeing it converted to a public golf course. And I'll tell you something, I don't play golf, but if you turn it into a public golf course, I'll start. MR. OCHS: We could certainly do that. In fact, Mr. Carnell and Mr. Williams have been conducting some surveys and feasibility on that very topic for the last 30 days in anticipation of this. But if I get three votes from the Board to commission that, I'm happy to do that. COMMISSIONER HENNING: What's that? MR. OCHS: There is a request that the staff do a feasibility review of the potential of a public golf course operation in the county. CHAIRMAN FIALA: This is your district. Go ahead, Commissioner Henning. COMMISSIONER HENNING: Well, like I said, the item's in the court. Why would you comment about anything about that parcel? COMMISSIONER HILLER: This is not about -- this is not a comment. This is requesting staff to evaluate what could be done with that golf course, whether it's a potential for acquisition, if it's, you know, cost feasible to convert it into a public golf course and to see, you know, what the maintenance costs might be if we were to do that. COMMISSIONER HENNING: Today's going to be a really long day. Page 15 September 13, 2016 COMMISSIONER HILLER: Well, this item should have been -- CHAIRMAN FIALA: Sure looks like it. COMMISSIONER HILLER: This item should have been on the general agenda, and the public should have had an opportunity to speak to it as all items on the general agenda. But it was your decision not to and so, you know, you've got a 3-2 vote. And, you know, Commissioner Taylor is correct. This is an item that should be brought forward, or Commissioner Fiala's correct this is an item that should have been brought forward. MR. OCHS: Madam Chair, let me suggest for the Board's consideration that, you know, the staff can do that type of a feasibility review. We don't have to limit it to one particular course. We can look at a variety of potential courses that could be either acquired or purchased and developed as a public course. It doesn't have to be limited to any particular course; that way it makes it a little bit more of a feasibility review. COMMISSIONER HILLER: I think that's -- CHAIRMAN FIALA: I agree. COMMISSIONER HILLER: I agree with that, and I think that this community deserves a public course. I mean, they -- there are so many private clubs, but there are a lot of people who can't afford to join these private clubs and to, you know, allow tourists as well as our local residents to have the opportunity if they do enjoy golf, which a lot of our retirees and senior visitors do enjoy. It's a good idea. CHAIRMAN FIALA: Let's move this along, then. We have Commissioner Taylor waiting, and if everybody agrees, and I think that they do, let's move on. We've taken way too long. COMMISSIONER HILLER: So yes? CHAIRMAN FIALA: Yeah. Commissioner Taylor? COMMISSIONER TAYLOR: Okay. So at the risk of getting eggs thrown at me, I just want to discuss F 11 again. That's on the Page 16 September 13, 2016 consent agenda, 16F11. It's on the consent agenda. I just want to confirm again that the feasibility study for North Collier Park is only a feasibility study to determine whether or not artificial turf is warranted. MR. OCHS: Yes, that's correct, Commissioner. COMMISSIONER TAYLOR: Okay. Thank you very much. MR. OCHS: There's no field expansion. They're strictly limited to that review. COMMISSIONER TAYLOR: Okay. Thank you very much. MR. OCHS: You're welcome. COMMISSIONER TAYLOR: And then I do have -- oh, yes. I'd like to have 16B5 pulled from the agenda for a separate vote because I need to abstain from that particular consent-agenda item. So I don't know how we do it, but -- CHAIRMAN FIALA: Jeff will tell you right now. MR. KLATZKOW: You don't need to pull it, but we'll note for the record that you are not voting on that one item. COMMISSIONER TAYLOR: Thank you very much. Then smooth sailing. CHAIRMAN FIALA: Do you have anything else to declare on the consent? COMMISSIONER TAYLOR: Nothing else, and then I'll -- ex parte I'll do at the time of the -- COMMISSIONER HILLER: I'd like to know, what's the reason for not voting on 16E5? COMMISSIONER TAYLOR: I have had a long-standing business arrangement with that entity and so -- COMMISSIONER HILLER: Yeah, but you can only abstain voting if you're going to have some direct profit from it. You can't just abstain unless you're going to directly profit. MR. KLATZKOW: You can also abstain for potential appearance of an impropriety. You can. Page 17 September 13, 2016 COMMISSIONER HILLER: She has to fill in the form. MR. KLATZKOW: I understand that. COMMISSIONER HILLER: But I don't believe appearance is a qualifier, but we can look into that after. CHAIRMAN FIALA: Okay. Let's move on. That's all you have to declare? Any changes or corrections? .t COMMISSIONER TAYLOR: Yes, ma'am. CHAIRMAN FIALA: Okay. Yes, it's all you have to declare? COMMISSIONER TAYLOR: That's it. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: I have no further changes -- COMMISSIONER TAYLOR: Oh, good. COMMISSIONER NANCE: -- to anything. I have ex parte for today's public hearings, which I'll hold for that time. On today's consent agenda, I have none. On Item 17B on today's summary agenda, I've read staff reports and had meetings with staff. Nothing else, Madam Chair. CHAIRMAN FIALA: Very good. Thank you. By the way, the reason we went from Commissioner Henning all the way over to Commissioner Taylor was she was actually -- she had her light on for the other subject, and then she just went into ex parte, so that's the reason for the discombobulation. Okay, fine. For Commissioner Hiller, and then myself. Anything to declare, any changes, corrections? COMMISSIONER HILLER: None. CHAIRMAN FIALA: Okay. That's good. COMMISSIONER HILLER: And no ex parte. CHAIRMAN FIALA: Fine. And I wind up with -- let's see. On the ex parte for the consent and the summary, I only have one on 17B, and that subject is Onyx, and I've talked to the neighbors, I've gone to -- I've had meetings with staff, with the Hearing Examiner, members Page 18 September 13, 2016 of the Planning Commission, I've spoken to, as I say, community members, and I went to two neighborhood information meetings, and that's all I have to declare. Nothing to change. Nothing to correct. And with that, may I have a motion to approve the agenda, please? MR. MILLER: Madam Chair? Madam Chair? I have one other registered speaker for a consent agenda item. It is 16A51. I do believe this gentleman, Michael Saversi, is just here to lend support; is that correct, sir, or do you need to speak? MR. SAVERSI: I don't need to speak. I just thought if it came off of consent agenda, I'd be available. MR. MILLER: So we're good. CHAIRMAN FIALA: Okay. Very good. May I have a motion to approve as -- COMMISSIONER HILLER: Motion to approve as amended. CHAIRMAN FIALA: -- as corrected? Okay. I have a motion -- COMMISSIONER NANCE: Second. CHAIRMAN FIALA: -- from Commissioner Hiller, a second from Commissioner Nance. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. Let's move on. Page 19 Proposed Agenda Changes Board of County Commissioners Meeting September 13,2016 Continue Item 11C to the September 27,2016 BCC Meeting: Recommendation to consider a request to release a parcel of land from the GAC Future Land Sales List to allow the adjacent property owner to purchase the parcel for the price of$7,524 pursuant to the terms of the 1983 GAC Land Trust Agreement and accept an in-house appraisal in lieu of an independent certified appraisal. (Staff's request) Move Item 16F11 to Item 11I: Recommendation to approve a work order using Contract No. 13-6164 to Agnoli,Barber&Brundage,Inc.to determine the feasibility and suitability of developing existing park properties and privately owned property for Sports Tourism venues in the amount of$48,240; a finding that this expenditure promotes tourism and authorize necessary budget amendment. (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 to the Board a "Payables Report" for the period ending August 31,2016 pursuant to the Board's request. (Staff's request) Note: Item 16A44 should read: Recommendation to approve a Resolution amending the Collier County Growth Management Department/Planning and Regulation fee schedule with an effective date of October 1,2016,to include a new fee for an application called an "Existing Conditions Site Improvement Plan."The approval of this item is contingent on approval of Agenda items 97G 9_D and 16A46. (Staff's request) Item 16A46 should read: Recommendation to approve a Resolution amending Ordinance No. 2004-66,as amended,that created an Administrative Code for Collier County,to add Section I.3.a.,entitled Immokalee Nonconforming Mobile Home Parks or Mobile Home Sites—Existing Conditions Site Improvement Plan,to Chapter Four,Administrative Procedures,of Exhibit"B," Administrative Code for Land Development; and providing an effective date.The approval of this item is contingent on approval of Agenda items 9€9_D and 16.A.43 16A44. (Staff's request) 9/13/2016 8:31 AM '. September 13, 2016 Item #2B and #2C REGULAR BCC MEETING MINUTES FROM JUNE 28, 2016 AND BCC REGULAR MEETING MINUTES FROM JULY 12, 2016 — APPROVED AS PRESENTED COMMISSIONER NANCE: Madam Chair, I move approval of Item 2B and 2C, the BCC regular meeting minutes from June 28th and July 12th. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. Thank you. I have a motion and a second. 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.) And now we move on to our service awards. Item #3 EMPLOYEE SERVICE AWARDS — PRESENTED MR. OCHS: Yes, if you'd join us in front of the dais, please, for our service awards. Commissioners, we're pleased to honor several employees this morning, long-standing county service. We'll begin with recognizing our first employee with celebrating 20 years of service with our Road Maintenance Division, Raul Llorca. Raul? Page 20 September 13, 2016 (Applause.) CHAIRMAN FIALA: Thanks for all your service. COMMISSIONER NANCE: Thank you, sir. COMMISSIONER TAYLOR: Congratulations. CHAIRMAN FIALA: Come on up here, right in the middle. MR. OCHS: In the middle. (Applause.) MR. LLORCA: Thank you. MR. OCHS: We have three employees celebrating 30 years of service to county government. The first gentleman from our Wastewater Department celebrating 30 years is Jon Flomerfelt. Jon? CHAIRMAN FIALA: Thank you so much for all your service. MR. OCHS: Congratulations. Celebrating 30 years of service with the Water Department, Jesse Komorny. CHAIRMAN FIALA: You must have started here when you were 12. MR. KOMORNY: Yes, ma'am. MR. OCHS: Congratulations. A lause. ( pp ) MR. OCHS: Our final 30-year awardee this morning, also from our Water Department, Marc Stephenson. Marc? (Applause.) CHAIRMAN FIALA: Thank you for your service. MR. STEPHENSON: Thank you. (Applause.) MR. OCHS: Commissioners, our next awardee is celebrating 35 years of dedicated service to county government, from our Road and Maintenance Division, Dan O'Brien. Dan? MR. O'BRIEN: Thank you. (Applause.) Page 21 September 13, 2016 MR. OCHS: Well done. Commissioners, we're pleased to welcome back two of our recent retirees for recognition this morning. The first gentleman served 26 years with county government in our Transportation Engineering Department, Julio Ordonez. Julio? COMMISSIONER NANCE: Turn it around and hold it up for everybody. (Applause.) MR. OCHS: Congratulations. And our final recent retiree to be recognized this morning, Commissioners, served 15 years with our Emergency Medical Services Department, Les Williams. Les? (Applause.) CHAIRMAN FIALA: You're looking like retirement's doing you well. Good to see you again. MR. WILLIAMS: Thank you. (Applause.) MR. OCHS: That concludes our service awards. Thank you, Commissioners. Item #4 PROCLAMATIONS — ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS — ADOPTED Item #4A PROCLAMATION RECOGNIZING THE UNITED WAY OF COLLIER COUNTY FOR THEIR CONTRIBUTIONS TO THE COMMUNITY, AND TO WISH THEM YET ANOTHER YEAR OF GREAT SUCCESS AS THEY KICK OFF THE 2016-2017 Page 22 September 13, 2016 CAMPAIGN. ACCEPTED BY STEVE CARNELL, PUBLIC SERVICES DEPARTMENT HEAD; STEVE SANDERSON, UNITED WAY EXECUTIVE DIRECTOR; TOM DONAHUE, UNITED WAY BOARD CHAIR; ANN BARES, VICE PRESIDENT OF VOLUNTEER ENGAGEMENT FOR THE UNITED WAY; ELIZABETH A. MORANO, VICE PRESIDENT, RESOURCE DEVELOPMENT FOR THE UNITED WAY; AND OTHER MEMBERS AND PARTNERS OF THE UNITED WAY — ADOPTED Madam Chair, that takes us to Item 4 on today's agenda, proclamations. Item 4A is a proclamation recognizing the United Way of Collier County for their contributions to the community and to wish them yet another year of great success as they kick off the 2016/2017 campaign. To be accepted by Steve Carnell, Public Services Department Head; Steve Sanderson, United Way Executive Director; Tom Donahue, United Way Board Chair; Ann Bares, Vice President and volunteer engagement for the United Way; Elizabeth Morono, Vice President Resource Development for United Way; and other members and partners of the United Way of Collier County. Please step forward. (Applause.) CHAIRMAN FIALA: Who is the leader of this group? I have a little plaque for you. MR. DONAHUE: Thank you. (Applause.) MR. DONAHUE: Well, good morning, ladies and gentlemen. My name is Tom Donahue. I'm proud to say that I'm the board chair for the Collier County United Way. Commissioners, thank you so very much; County Manager, Leo; Page 23 September 13, 2016 Steve Carnell. Steve Carnell is with us here today. He was up for the photo. But Steve is also a board member as well as a county employee, and we can't thank Steve enough for all his hard work on our board. We really have to thank the North Collier Regional Park. This is going to be our 11th Annual Walk for the Way, and we've attached a run to it this year. So if you haven't already signed up, please come out and join us on October 1st. Thank you, Collier County Commissioners. As you all know, the United Way helps 100,000 people in our community last year alone; about the same the year before. We're very fortunate to live in such a beautiful area, and not everyone knows about the great work the United Way does but, more importantly, not everyone knows how many people need the United Way. So, again, with the support of the county, we're able to do a lot of great work. Beyond the core work that we do, we've taken over administration of Collier 211. It's a nonemergency human services hotline that's available to those in need, 24 hours a day, seven days a week. And last year we were able to connect over 8,000 people with the help they need through Collier 211. Last year we launched a new program, and that's Volunteer Collier, with a goal of connecting anyone who wants to volunteer in Collier County with the right volunteering opportunity. We have over 160 volunteer opportunities on our website, and 200 non-profits registered. Our 35 partner agencies, many of whom are present today -- thank you, everyone, for coming out -- work with us to transform the lives of our neighbors in need. We at the United Way value our partnership with the county in so many ways: Building a better community in which we can all learn to grow and live to our fullest potential. Page 24 September 13, 2016 I'm proud to live and work in Collier County, and thank you Collier County Commissioners and staff for the recognition on behalf of the United Way. Everyone that came out today from our partner agencies, thank you so much. Steve Sanderson, who was our president and CEO, does an amazing job and has really helped develop this into the new United Way of Collier County. So thank you, everyone, for your time. (Applause.) CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: First of all, United Way has done an outstanding job, and I want to thank you and your leadership for everything you've done for the community. A hundred thousand people? You've helped a hundred thousand people in the last year? That's frightening. That tells you the community, as pretty as it is, has very serious problems, and I think people in Collier County need to wake up to the truth of what really is going on behind this veneer of prettiness. So thank you for all you're doing to help so many. We're very grateful. MR. DONAHUE: Thank you. Item #4B PROCLAMATION DESIGNATING SEPTEMBER 2016 AS IMMOKALEE SOCCER PIT COBRAS MONTH IN COLLIER COUNTY, IN CELEBRATION OF THE SUCCESS OF THE IMMOKALEE SOCCER PIT COBRAS U17 BOYS AS CHAMPIONS IN DIVISION 1 OF THE USA LEAGUE, CHAMPIONS OF THE FLORIDA REGION C AND PRESIDENT'S CUP, WINNERS OF THE REGION III CHAMPIONSHIP HELD IN Page 25 September 13, 2016 COLLEGE STATION, TEXAS, AND FOR ADVANCING TO THE PRESIDENT'S CUP NATIONAL TITLE GAME IN TULSA, OKLAHOMA. ACCEPTED BY COACH MANNY TOURAN, ASSISTANT COACHES MANUEL PRECIADO & SAINTANO DAMAS AND THE SOCCER PIT COBRAS TEAM — ADOPTED MR. OCHS: Item 4B is a proclamation designating September 2016 as Immokalee Soccer Pit Cobras Month in Collier County in celebration of the success of the Immokalee Soccer Pit Cobras U17 boys as champions in Division 1 of the USA League, champions of the Florida Region C, and President's Cup, winners of the Region III championship held in College Station, Texas, and for advancing to the President's Cup national title game in Tulsa, Oklahoma. To be accepted by Coach Manny Touran, assistant coaches Manuel Preciado and Saintano Demas, and the Soccer Pit Cobras team. If you'd please all step forward and receive your proclamation. CHAIRMAN FIALA: Boy, I bet it feels good to be winners, huh? Must be fun to be playing with the winners, huh? MR. OCHS: Couple rows. We want to see everybody. (Applause.) COMMISSIONER TAYLOR: That's Collier County's own, Collier County's own. MR. TOURAN: Good morning, County Commissioners, everyone that is here. My name is Manny Touran. I've been around Immokalee for a long time and certainly been around these boys for a very long time. Needless to say that we are so appreciative of this recognition. We never thought that our accomplishments this summer would lead to this here today. We do this -- you know, there's always an organizer, but without having my two assistant coaches, Manuel Preciado and Saintano Page 26 September 13, 2016 Damas, none of this would be feasible. You're looking at 19 teenagers, and driving through this country with 19 teenagers is not an easy issue. So their help and their friendship to me, especially, will always be appreciated. We do this because we hope that this game will provide these young men the opportunity to -- for a higher education. We have an economic requirement to be part of our club, whether you're eight years old or whether you're 17, it doesn't matter. And we hope that someday, that the trips that we took this summer, that they will be able to do this on their own; it's the idea that they will have the knowledge and the financial means to continue to do these kinds of things. But it certainly has been a magical journey for all of us, and we're proud to bring this to Collier County. I have to thank our One-by-One Leadership Foundation of Southwest Florida. Without their support -- I know Mr. Lawson is here today. Without their support from the get-go, none of this -- our club would not exist. I know Mr. Sinclair Williams and Mr. Reed Carpenter (phonetic) are just part of this whole thing, and we thank you, John, for everything you have done for us. I never forget to thank the person that really puts the drive behind me, and today is my 30th wedding anniversary, and I promised my wife, who's here today -- (Applause.) MR. TOURAN: -- that this is the only -- this is the only soccer thing that I would do all day today. After boys -- after we get the boys back to Immokalee High School, there's no more soccer for the rest of the day. So thank you very much. Thank you, boys, for making us winners. Thank you. (Applause.) Page 27 September 13, 2016 Item #4C PROCLAMATION RECOGNIZING THE GALLERIA SHOPPES AT VANDERBILT AS THE LATEST RECIPIENT OF THE WASTE REDUCTION AWARDS PROGRAM (WRAP AWARD) FOR CONTRIBUTING TO THE GREATER GOOD OF COLLIER COUNTY BY ADVOCATING THE "REDUCE, REUSE, RECYCLE" MESSAGE AND THEREBY HELPING TO PROLONG THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL. ACCEPTED BY MR. ANDREW JOHNS, PROPERTY MANAGER AND MR. MIKE HAUPERT, LEASING MANAGER — ADOPTED MR. OCHS: Item 4C is a proclamation recognizing the Galleria Shoppes at Vanderbilt as the latest recipient of the Waste Reduction Awards Program to contributing to greater good of Collier County by advocating the reduce, reuse, recycle message, and thereby helping to prolong the useful life of the Collier County Landfill. To be accepted by Mr. Andrew Johns, Property Manager; Mr. Mike Haupert, Leasing Manager. Please step forward. (Applause.) MR. OCHS: Congratulations. (Applause.) UNIDENTIFIED SPEAKER: Good morning, everyone. On behalf of the Galleria Shoppes at Vanderbilt, we'd just like to thank everybody for recognizing us for the Waste Management recycling award, and we're going to continue to work hard this year to win it again. THE COURT REPORTER: Your name? CHAIRMAN FIALA: You know, it's wonderful that you're doing that. The Waste Management Department was trying for years Page 28 September 13, 2016 now to inspire businesses. They've done well with homeowners, but they're trying to inspire businesses. So you set a great example for other businesses, and thank you for all your help. UNIDENTIFIED SPEAKER: Thank you. MR. OCHS: Commissioners, if I could please have a motion to approve today's proclamations. COMMISSIONER HILLER: So moved. COMMISSIONER NANCE: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. 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: Good. Item #5A RECOGNIZING ROLANDO CARRILLO, MAINTENANCE WORKER, PARKS AND RECREATION AS THE JULY EMPLOYEE OF THE MONTH 2016 — PRESENTED MR. OCHS: That moves us to Item 5 on this morning's agenda, presentations. Item 5A is a recommendation to recognize Rolando Carrillo, Maintenance Worker at Parks and Recreation, as the July Employee of the Month for 2016. Rolando, if you'd please step forward and be recognized. Page 29 September 13, 2016 (Applause.) MR. OCHS: He's back there somewhere. Here he comes. (Applause.) MR. OCHS: Congratulations. CHAIRMAN FIALA: There's a little plaque for your wall, by the way, and a nice little check, too. Thank you. Thank you for all your service. COMMISSIONER HILLER: Congratulations. MR. CARRILLO: Thank you. MR. OCHS: Go on over there and get your picture. I'm going to read a little bit about you. Stand up in front of the Commissioner and get your picture, okay. Commissioners, Rolando's part of the five-member staff that maintains the Vineyards Community Park and the Oaks Neighborhood Park. Now, normally that five-member crew splits responsibilities, including the trash pickup, field mowing, lining of the fields, trimming of the bushes, debris removal on various parks, courts, and parking lots, and general maintenance work. Recently, three of the crew members were out on leave, and Rolando offered to take three consecutive weekend shifts which, in fact, he ended up doing several times. His commitment to the job and the community he serves makes him very deserving of this award, and it's my pleasure to present Rolando Carrillo as your Employee of the Month for July 2016. Congratulations, Rolando. (Applause.) MR. OCHS: Great job. Item #5B LEN LINDAHL, ASSISTANT EXECUTIVE DIRECTOR, SOUTH Page 30 September 13, 2016 FLORIDA WATER MANAGEMENT DISTRICT, PROVIDING AN UPDATE ON THE PICAYUNE STRAND RESTORATION PROJECT — PRESENTED MR. OCHS: Item 5B is a presentation from Mr. Len Lindahl, Assistant Executive Director with the South Florida Water Management District, to provide an update to the Board on the Picayune Strand Restoration Project. Mr. Lindahl. MR. LINDAHL: Thank you. Good morning, Madam Chair and Commissioners. Leonard Lindahl, I'm the Assistant Executive Director at the South Florida Water Management District. It's a pleasure to be here this morning. I'd like to take a moment and recognize a governing board member of ours as well as the chairman of the Big Cypress Basin Board, Rick Barber, as well as our BCB Administrator, Lisa Koehler. They're here joining me this morning. So an update with regards to the Picayune Strand Restoration Project. This is a comprehensive Everglades restoration project. We're doing it jointly with the Corps of Engineers. The project goal is to restore about 55,000 acres to its natural state. It's going to do that by constructing three large pump stations, backfilling, and plugging 48 miles of canals, removing and degrading about 260 miles of road. There will be some levy construction and some culvert construction. There are no residents within this area. And, again, the whole purpose of this is to restore sheet flow to the south through the property. And update with regards to timing of this: The three major pump stations, the Merit pump station, which is an 810 CFS pump station, it is the most easterly pump station, that pump station costs 65 -- about $65 million. Construction is complete, and it's fully operational. The Merit Canal plugging, which is the canal that goes Page 31 September 13, 2016 downstream of the pump station, that was completed in June of 2015. When you move to the west, you go to the Fakaunion pump station, which is a 2,650 CFS. It's a very substantial pump station. It is about 98 percent complete. The cost is about $84 million. It is currently in operational testing. So that goes on for about a year. They run the pumps. They test, make sure all of the equipment's running. That ends in January 2017. The Fakaunion Canal plugging, which is downstream of the pump station, is delayed until the Spring of 2020, as well as the construction of what is called the southwest protection features, which is some levies to be constructed around 6 L's property as well as Port of Islands property. The third pump station, if you move more to the west, the farthest west pump station is the Miller pump station. It is a 1,200 CFS pump station. It is about 50 percent complete. It costs about $76 million. The schedule for construction completion of this pump station is in November of 2017, at which point in time the operational testing for that would begin in December of 2017. So it looks like that we will have all three pump stations, the back-plugging of all of the canals, as well as the removal of the roads all completed by 2020. The Corps right now is also processing a request through Congress for additional funding. This project has gone -- has exceeded the original budget, so they have to go back to Congress and request funding. They just did that, and that is currently submitted for authorization in July of this year for Congress to increase the funding for that. If you have any questions, I'll be more than happy to answer them. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. We invited the district Page 32 September 13, 2016 here not to give a report of what's going on as far as the restoration. That wasn't the purpose at all. What is being avoided is we have an agreement with the district, and one particular part of the agreement that is not being honored is certain roads, the primary roads, will be able to be transversed (sic) by the public, the citizens of Collier County, on a non-seasonal basis; meaning they'll be open and have access to the public year round. You haven't addressed that. MR. LINDAHL: I'll be more than happy to answer that. We are currently working on a -- COMMISSIONER HENNING: Was there a misunderstanding about the reason why you should -- you were invited here? MR. LINDAHL: No, sir. I wanted to provide an update with regards to the overall project. That's what the agenda item is, but I'm also prepared to speak about the roads as well. COMMISSIONER HENNING: Jeff, is that what your understanding of the item was? MR. KLATZKOW: No. The issue that the Board's been discussing is that there are several main roads there that it was agreed upon when we gave up the roads that they be above-grade passable 24/7, 365 days a year, that these were supposed to be open to the public always. COMMISSIONER HENNING: That's what needs to be addressed, is we have an agreement, and as far as I'm concerned that agreement is not being lived upon. MR. LINDAHL: Yes, sir. We are currently working on an agreement, a memorandum of understanding, with the Florida Forestry Service that includes the road maintenance as well as exotic management. So built into that agreement will include the road maintenance criteria. COMMISSIONER HENNING: Well, the road maintenance is a Page 33 September 13, 2016 separate issue. The issue is the roads are under water now, and they need to be reconstructed for -- MR. KLATZKOW: They need to be above grade. COMMISSIONER HENNING: Yeah. MR. KLATZKOW: If you're going to take the roads down to grade, they're going to flood with the rest of the Picayune. COMMISSIONER HENNING: That's what they did. They chopped up all the asphalt out there on those roads to lower it. MR. LINDAHL: It's my understanding that the primary roads, which there's Stewart, Everglades, as well as several other roads that are included in the primary roads -- we are discussing that with the Florida Forestry Service. COMMISSIONER HENNING: Discussing what? MR. LINDAHL: The maintenance criteria for those -- and those are above-grade roads. The secondary roads are at-grade or below-grade roads, but those primary roads -- COMMISSIONER HENNING: The primary roads is what I'm talking about. The -- MR. LINDAHL: The primary road, Stewart Road, right now is currently above grade, and it's going to remain above grade. COMMISSIONER HENNING: You can't pass it with a vehicle. It's under water. I'd be happy to take you out. I mean, I'm happy to take you out there, take a little break and show you. You can't get through there. So have you ever assessed the situation out there? MR. LINDAHL: I have not driven Stewart, no, sir. I've seen Stewart, but I haven't driven it. I've driven some of the other roads, but I haven't gone down to Stewart. COMMISSIONER HENNING: Okay. MR. LINDAHL: No, sir. But the maintenance criteria that the Forestry Service requires for the primary roads is what we would be looking at doing. That's the same -- that's in Fakahatchee, as well as in Page 34 September 13, 2016 Joan (sic) Scenic Road. But these roads would be above grade as it's described in our agreement. COMMISSIONER HENNING: I saw an existing agreement that the district will -- prior to turning it over will have the road in passable condition; in other words, not flooded. You've got water right now that's flowing over those roads. You can't pass it in a vehicle. CHAIRMAN FIALA: Let me ask: What can be done about that? MR. LINDAHL: Well, having the road be passible 365 days a year in the middle of the restoration project when there's no residents that live there -- and it's part of the forestry maintenance program is what the question is. And at point in times, this is -- and we will maintain it just as the agreement says, above grade in its existing maintenance condition, and we'll maintain it in that fashion. COMMISSIONER HENNING: Okay. Well, the existing maintenance condition is it's not going to be able to be utilized by the general public because the existing conditions is it's flooded. You can't get through there. CHAIRMAN FIALA: Commissioner Nance is waiting. Would you like to continue? COMMISSIONER HENNING: No, I think I need to bring another item, an action item on the agenda, the next agenda. CHAIRMAN FIALA: I think that would be a good idea. COMMISSIONER HENNING: Yeah. I don't see the district doing anything. I think maybe we can get the governor involved, too. CHAIRMAN FIALA: That's a good idea. Commissioner Nance. COMMISSIONER NANCE: Yes. Mr. Lindahl, thank you for coming over. I want to reach back just a little bit. I appreciate Commissioner Henning opening the topic for discussion. I want to begin by saying that, please don't consider that the Page 35 September 13, 2016 county is anything but your partner in restoration of the Picayune and certainly over the period of time prior to your service, sir, that the county and the district have worked together very well for the common good, environmentally and also for our citizens. And I can't say enough about Ms. Koehler's service and Mr. Barber's service as well. That having been said, I think over time, and prior to your arrival, sir, there was -- there has always been an interest on Collier County in making sure that there is a reasonable public access and use for the Picayune. That has been continue -- support for that concept has continued by the Board of County Commission since the inception of the project. And, you know, reaching back to maybe a sore point, but I just want to remind you the elements of that. One of those was the commitment by the district to provide a certain amount of property useful for an ATV park which continues to be a sore subject in the county because residents, you know, never received that through the negotiations, and I know that issue's already been settled, but that's an example where, you know, the expectations of our citizens was not met. And I don't think Commissioner Henning is advocating anything except thoughtful public access and reasonable recreation through -- that's compatible with the restoration of the Picayune. So I would respectfully ask you to return to the -- to the district and make certain that the district is giving thoughtful and respectful consideration to public access in this, because that's what the people want. The people, in order to support the conservation and the set-aside of almost 80 percent of the land in Collier County, just want some reasonable use of portions of it, and I think the Picayune, it's been established, is appropriate for that. And, basically, the reason for that is people won't continue to support things that they don't love, and you can't love it if you don't Page 36 September 13, 2016 have access to it or can't see it. So we owe it to our children, sir, and whatnot. And please don't think that I'm dumping on you, but I'm just talking conceptually about how we need to come to a good agreement on, you know, the Picayune and its use by the citizens of Collier County. So thank you, sir. MR. LINDAHL: Thank you. And the district also supports public access. We open up many of our properties, or almost all of our properties, to public access. We're a big proponent of it. So we want to -- and I believe throughout all of the documents that I have read with regards to the agreements as well as the development of the Picayune Strand, it's been memorialized that we are in 100 percent support of public access as well. COMMISSIONER NANCE: Yes, sir. Well, thank you. And like I said, your review at the highest levels of this and your conversation will be much appreciated by our citizens. I'm not just speaking for myself. I'm just talking for things that I hear, you know, routinely from people. And that's not in my district. Actually, this project is in Commissioner Fiala's district, I believe. So thank you. MR. LINDAHL: Thank you. CHAIRMAN FIALA: Thank you. Commissioner Hiller? COMMISSIONER HILLER: One of the biggest crimes this county has committed is building roads in a fashion that has interrupted the sheet flow of water and, as a consequence, has caused flooding. We are flat, and moving water over flat terrain is a very difficult prospect when you have as much development as we have. To what extent is the Picayune Strand Restoration Project tied into water management in developed Collier County? MR. LINDAHL: To what extent is it tied in? It provides flood protection for everything in the northern Golden Gate. Page 37 September 13, 2016 COMMISSIONER HILLER: So to the extent -- MR. LINDAHL: Everything north of I-75. COMMISSIONER HILLER: So it's a very important component MR. LINDAHL: Yes, it moves water. COMMISSIONER HILLER: -- to the water management -- the groundwater management system of the county. And so one of the things that I'm concerned about is that we have an agreement which doesn't go to accessibility but which actually has a provision in it which goes to negation of the impact of what this project is intended to do. And, in fact, if we were to do what Commissioner Henning proposes, which is raise these roads that, in fact, you would negate the restoration that you are attempting to achieve and help us with the flooding problems that we have in Collier County. And so, to that end, I think that this contract needs to be revisited. We do need accessibility for the public, but it shouldn't be at the expense of the intended benefit of this program, and to raise the roads and interrupt sheet flow, in fact, is ridiculous and counterintuitive. And I think you have provisions in this contract which could be deemed impossible to perform in light of the overall objective of the Picayune restoration. And so what I would ask is that you go back to your board and evaluate with the forestry division what is realistic and doesn't go against the interest of the project and the interest of water management in Collier County. I just think that what's being proposed of making all these roads passible 365 is a bad provision in this contract, and I think we need reformation. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Well, you know, I was trying to commit not to go back and forth; however -- for the rest of my term; however, there's ways to move water, and they call it, you know, Page 38 September 13, 2016 culverts and diversion. It's being diverted now in the south blocks and further on south. You divert it from -- from the south blocks into the Everglades through culverts. You've got -- you have a road there called U.S. 41, and it's diverted through culverts. There's no reason why this can't be done in the Picayune. This was a commitment, and it was a huge commitment on my part, of releasing our rights, our property, giving our property away to South Florida Water Management so that people can enjoy somewhat what they have enjoyed in the past. There was a lot of activities prior to the restoration by citizens of Collier County, generations and generations, and for them not to be able to enjoy a piece of what they had, we need to enforce the agreement. That's what I'm going to bring back, and that was a commitment by this board -- Commissioner Fiala was here with me -- when we signed that off, and it was very controversial. And -- but I saw the greater good of the restoration but not on the backs of the citizens who want to utilize that area. So anyways... CHAIRMAN FIALA: And I agree with you. When this all was taking place, we were happy to work with the -- with South Florida Water Management as long as we didn't deprive people of at least a few roads through there so that they can enjoy nature, if nothing else. And it's beautiful back in there. But we stressed that we wanted to make sure there were passible roads in there. So I agree totally with Commissioner Henning. Commissioner Hiller? COMMISSIONER HILLER: Accessibility can still be achieved without compromising this project and without spending millions and millions and millions of dollars to very little end. I really would ask that you present the technical arguments about raising these roads and also present the cost and also present how much the public is actually using all of the roads that would have to be Page 39 September 13, 2016 raised. I just think there has to be reasonableness at play, and it doesn't make sense. I think Commissioner Henning merely has a bone to pick with you, and he's picked this one to -- COMMISSIONER HENNING: Commissioner Fiala? CHAIRMAN FIALA: Yeah. COMMISSIONER HENNING: I mean, this is really uncalled for COMMISSIONER HILLER: -- to address. No, it's very called for. I think you're -- what you're asking for is unreasonable, and I have every legal right to state so. CHAIRMAN FIALA: Okay. Thank you very much. No further comments, thank you so much for your presentation, and I'm sure that you'll start working with Leo on all of this. Thank you very much. MR. LINDAHL: Yes. Thank you for your comments. CHAIRMAN FIALA: Next? Item #6A PUBLIC PETITION FROM MR. JOHN LUNDIN, ON BEHALF OF THE IMMOKALEE CHAMBER OF COMMERCE, REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS PROVIDE FUNDING TO HIRE A CONSULTANT TO CONDUCT A FEASIBILITY STUDY OF, AND TO LOBBY FOR, MUNICIPAL INCORPORATION FOR IMMOKALEE — PRESENTED MR. OCHS: Madam Chair, that takes us to Item 6, public petitions. Item 6A is a public petition request from Mr. John Lundin on behalf the Immokalee Chamber of Commerce requesting that the Page 40 September 13, 2016 Board provide funding to hire a consultant to conduct duct the feasibility study of and to lobby for municipal incorporation for Immokalee. MR. LUNDIN: Hi. John Lundin. Thank you for letting me speak. The purpose of my petition today is Immokalee is an unincorporated agricultural community geographically and culturally isolated from urban Collier County. Immokalee has a residential, commercial, and industrial property tax base to fund a municipal government to establish home rule. The State of Florida Constitution allows municipal incorporation through Florida Statutes 165.011 and 166.011. The action I'm asking you to take today is a request that the Collier Board of County Commissioners vote for a grant of$35,000 to be given to the Immokalee Chamber of Commerce to hire a consultant for the purpose of, A, $6,000 to conduct a feasibility study of municipal incorporation for Immokalee and, B, $29,000 to lobby the state representative and state senator representing Immokalee to sponsor legislation and to lobby the Florida State legislature to pass a charter referendum. Now I'd like to play a quick video of the last -- meeting last week at the Immokalee Chamber of Commerce where this will better explain the purpose of my petition. (A video was played as follows:) "-- 2007/2008, they brought it up to the county. I'm Joe Mazurkiewicz, BJM Consulting. Over the last 20-plus years I have been doing incorporation reports, feasibility studies for communities throughout the state of Florida, but -- so let's get right to BJM Consulting and local government feasibility Page 41 September 13, 2016 report. The feasibility report follows the requirements of the statute for incorporation and looks at the existing level of services, contemplates no change in level of service and no increase in revenues or any new revenues. So it's a status -- completely status-quo look as -- one year and then five years forward on financial projections as to what it would look like if you remain unincorporated Collier County vis-a-vis what you'd look like if you were to incorporate as a municipality of Immokalee. It develops a timeline. It establishes who will do what services if you were to incorporate. And let me just break away right there and talk about the form of government that the study contemplates is government light. It is the form of government that the town of Fort Myers Beach, Bonita Springs and, most recently, Estero have all successfully initiated and have done so for, two of them, more than a decade now. It's very few government employees. You contract for all the services presently provided to your area with the existing government who is providing them or private sector group or another government who wants to come in and provide those services. So it's a very much status quo, very small government. Page 42 September 13, 2016 It looks at revenue streams and develops expenditures based on experience both of the company and of other Florida communities as to what the revenues may be generated, what the expenses might be, and then it looks at those over a five-year period with very, very full disclosure on all the assumptions and all the projections used. The study draws no conclusion, makes no recommendations. It lays everything out for you. I don't live in Immokalee. That information that I find won't mean the same to me as it means to you. So -- and one thing I'm very proud about the study over the past 22 years I've been doing them is that people on both sides of the issue have used the facts and figures in the study to support their position. So that means that everybody, no matter what their position is, always used the data that I've gathered as a basis for arguing their position either pro or con, which I'm very proud of. The other thing that I want to say, that in moving forward using this government-like model, when you develop revenues, for all practical purposes, local government, municipalities in particular, really have two means of revenue based on two specific things. Number one is people. You get paid per Page 43 September 13, 2016 person from the State of Florida under state-shared revenue. If you want to use a round number just as a guesstimate that may be -- may be fairly close, it's about $100 per year per head. So if you have a community of 25,000, the annual revenue from state-shared -- from state-shared revenue from the State of Florida, it would be about $2.5 million. And that would -- that includes the communications service tax. Other revenues that you get that would be just redirecting local revenues that are now going to Collier County would come here, and those would be what -- those revenues you pay in taxes. And taxes is the second thing that local government gets to raise money on, and that's based on the property value of your community. The big issue is -- there's two big issues. It's, first of all, on a per-resident basis, on equivalent residential unit, ERU. Are your taxable ratables higher than the average for the countywide? That's a good sign. Secondly, do you have nonresidential taxable property? That means, professional, commercial and, most importantly, industrial. And the last component of that that most people forget about, tangible property taxes for nonresidential is a huge impact. So until you actually look at all the specific Page 44 September 13, 2016 conditions within your area, it's really hard to say would incorporation work or not work for Immokalee. Would there be a tax increase or not a tax increase? There's no way to say until you really dig down deep into all the revenue streams and get though revenue streams estimated by qualified people and put together and then project going forward under a government-like scenario. If there were just residential property and you had mobile homes and non-profit taxable non-profit housing, that will be absolutely correct. If there's a mix of nonresidential property in a proposed area that would provide a great tax base, then it's not as relevant. You wanted to know the impact of fluctual residents, whether it's seasonal, tourists, or what have you. In Immokalee, there's 20- to 25,000, but you more than double that during season. That is -- there is multiple types of population figures recognized and used by cities when establishing a permanent population. The permanent population will be based on the Bureau of Economic Research, the University of Florida. There's a functional population, and then there's a seasonal population. All those numbers are investigated and looked at, and you can use some of those numbers to push the Department Page 45 September 13, 2016 of Revenue to get your population up more or less. All right. The cost is -- there's a myriad of costs involved. And I forgot to tell you this; in the costs we'll bring this up. There are three components that have to go to the local delegation if you were to decide to move forward after you looked at the feasibility study. The feasibility study is $35,000, but the way I do is I'm a straight billable hour not to exceed $35,000. If at the end of the initial look you folks say, well, clearly we can't do it, we stop, and that normally runs right around $6,000. If you want to go all the way through and you end up going all the way through to answering the questions of the staff in Tallahassee, you can burn up the whole 35,000. That's the feasibility study. I've even worked for one community that got -- that got their County Commission to pay for all of it, and another community got the County Commission to pay for half of it, of the study anyway. Any other questions? All right. Thank you very much. (The video concluded.) MR. LUNDIN: Thank you very much. If you do agree to put this petition on the regular agenda, I request that it be time-certain so the people in Immokalee, who live 30 miles away and an hour drive, Page 46 September 13, 2016 can show up here to speak. Thank you very much. CHAIRMAN FIALA: Leo? MR. OCHS: Yes, ma'am. Item #6B PUBLIC PETITION FROM MR. DENNIS B. SLABAUGH REQUESTING THAT THE BOARD OF COUNTY COMMISSIONERS SET A MINIMUM DISTANCE BETWEEN COMMERCIAL DUMPSTERS AND SINGLE-FAMILY DWELLINGS, AND FURTHER REQUESTING A REQUIREMENT THAT COMMERCIAL DUMPSTERS BE SEALED - PRESENTED AND DISCUSSED MR. OCHS: Item 6B is a public petition request from Mr. Dennis Slabaugh requesting that the Board of County Commissioners set a minimum distance between commercial dumpsters and single-family dwellings and further requesting a requirement that commercial dumpsters be sealed. MR. SLABAUGH: Good morning. My name is Dennis Slabaugh. I want to thank the commission for allowing me to speak today regarding the growing problem with the rodent population and its effects on the citizens of Collier County, which are contributed to during -- from my research with the dumpster issue that was brought forth. I've been a continuous resident of Collier County, primarily in the East Naples area, for over 36 years, and until January of 2015, I never experienced a problem with rodents damaging my home. After repeated breaches of my school -- pool screen enclosure, I traced the roof rat infestation to a neighboring trash dumpster that is less than 75 Page 47 September 13, 2016 feet from my lanai. Further research on the roof rat and its habitats enlightened me to the fact that there have only been a few public disclosures of rodent infestations here in Collier County while the problem is far greater than just a few isolated incidents, according to local pest control experts that I interviewed. I think we're aware there were a couple that were publicized. One was Barron Collier High School and another most recently was at the Lakewood condominium complex. I also learned that the most derment (sic) areas of the country or -- of the country have a formal rodent control program that consist, at a minimum, of reporting, surveillance, education, and assistance with control. I also learned that the most important control or cause of infestation is improper management of commercial trash containment dumpsters, specifically not allowing trash, A, to be left outside of the dumpster and, B, preventing the ingress and egress of rodents to the container. Currently the majority of commercial dumpsters in use in the county have multiple openings larger than that which would prevent rodents from entering that container. I did receive some assistance with my problem from the Waste Management -- or county Solid Waste Management Department folks, and they were very cooperative and very helpful but, ultimately, it was determined that the dumpsters in use, particularly in the area that was affecting my property, have large gaps, holes, and openings that allow rodents to come and go and feed on the trash and, therefore, generate an infestation problem. Secondary to commercial dumpsters, the abundance of nesting habitat and the lack of fruit-tree management in residential areas are also contributing to the increase of rodent infestations in the urban Page 48 September 13, 2016 environment of the county. So I'm here today to ask the commission to consider developing a rodent control department in the county utilities division which would consistent of a reporting process, a database, public education, and control assistance to supplement any current rodent control action already in place within the Solid Waste Management Department. And as stated, I also request that the Commission set a minimum distance between commercial dumpsters and single-family dwellings and further request that the county -- that the Commissioners confirm that trash dumpsters are completely sealed at least to the point that they do not allow rodents to enter the dumpsters. Thank you. CHAIRMAN FIALA: Thank you. Commissioner Nance? COMMISSIONER NANCE: Mr. Slabaugh, I appreciate your remarks, sir. Thank you for coming and taking your personal time to come and address the Board. I am happy to let you know that on today's consent agenda, which is Item 16A52, reads as follows -- and this is about the fastest we've ever acted on a public petition. Recommendation to direct staff to pursue a Land Development Code amendment to examine a setback requirement for dumpsters and recycling receptacles for commercial, industrial, and multifamily projects from residential uses to address compatibility concerns. So that was actually approved prior to your remarks. But I appreciate your remarks, and I'm going to ask, personally, that Solid Waste take your testimony into account when they're reviewing this entire issue. So thank you. MR. SLABAUGH: Thank you. CHAIRMAN FIALA: And, you know, I bet that that's put on the agenda purposely because of Mr. Slabaugh's initiative in the beginning. Page 49 • September 13, 2016 So that's great. I think staff is responding to that, and thank you very much. Nice to see you again, Dennis. COMMISSIONER HILLER: May I speak? CHAIRMAN FIALA: Pardon me? COMMISSIONER HILLER: I'd like to speak. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: Thank you. I think what the gentleman said is extremely important. The condition of the dumpsters and the fact that they are not closed is a recurrent problem. And the location of the dumpster relative to residential communities is probably the least of the problems as it relates to rodent infestation. I think one of the things that we need to do is look at our contract with our waste management companies and incorporate something in those contracts that provide that there has to be mandatory replacement of dumpsters if the dumpsters are not fit for intended use and, secondly, that they should report if the dumpsters are open, because they're out there. We don't want to use Code Enforcement, you know, running around the community looking at dumpsters. They're there every pickup so they'll see whether or not the dumpsters are open. I mean, I see it regularly. I went to the plaza where LA Fitness is, and there are a number of restaurants and a number of dumpsters behind the building. Every single one of them was open. There was overflow parking. I had to park in the back. Every single dumpster was open, and that is a very serious public-health hazard that we should look into. But somehow incorporating our waste management providers and ensuring that these dumpsters are closed is very, very important, not just the location. Page 50 September 13, 2016 CHAIRMAN FIALA: Thank you. Now, Leo, what I'm going to do is -- our next item is going to be the Marco Island item. I think that will take a little while. So why don't we go on our break now for our court reporter -- MR. OCHS: Great. CHAIRMAN FIALA: -- and then come back. MR. OCHS: Thank you. Ten minutes, Madam Chair? CHAIRMAN FIALA: Yes, sir. MR. OCHS: Thank you. (A brief recess was had.) MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN FIALA: Thank you very much. Will everybody please take your seats. MR. OCHS: Everyone, please take your seats. CHAIRMAN FIALA: Thank you very much. Item #11A OPTIONS REGARDING THE SETTLEMENT OF THE DISPUTE BETWEEN THE CITY OF MARCO ISLAND AND COLLIER COUNTY OVER THE RESPONSIBILITY, NEED, AND TIMING OF IMPROVEMENTS TO COUNTY ROAD 92A (GOODLAND DRIVE); AND PROVIDE DIRECTION TO THE COUNTY MANAGER AND COUNTY ATTORNEY - MOTION TO APPROVE OPTION #3 — APPROVED MR. OCHS: Commissioners, this takes us to Item 11A this morning. It is a recommendation to consider the options regarding the settlement of the dispute between the City of Marco Island and Collier County over the responsibility, need, and timing of improvements to County Road 92A, Goodland Drive, and to provide direction to the Page 51 September 13, 2016 County Manager and the County Attorney. Mr. Casalanguida will make a presentation. MR. CASALANGUIDA: Thank you, Mr. Manager. If I could get the podium computer on the display. MR. OCHS: Yes, sir. MR. CASALANGUIDA: Good morning, Madam Chair. Good morning, Commissioners. As Leo pointed out, Nick Casalanguida, your Deputy Manager. You're familiar with the project, and you're familiar with the issue. This is County Road San Marco to Angler Drive, Goodland Drive, and we've been working on this thing for several years, going back to the transition when this was given to the City of Marco Island. It routinely floods. And what you have in front of you is a graphic that shows the yellow area, which is owned by Marco Island, and just to the east of that, to Stan's, in this area here, about 850 feet is county owned. The city/county line is in that circle at the bottom of your screen there. What we've been working on with the city going back even to 2007 when there was -- going through a design project, this road was scheduled to be designed and elevated several feet, because it routinely floods, and to be reconstructed. That project fell off. And for the audience perspective, we've been working more recently, the last year and a half, with the city to try and come up with a way to bring this project back on. We've gotten Board approval to suspend the payments subject to a review and discussion with the City Council. We left this thing off before the summer recess with direction to the County Manager to visit with the City Manager and talk about possible solutions. County Manager and I drove down there over the summer and met with the City Manager. We basically discussed several options. He did express to us that the City Council would consider the $2 Page 52 September 13, 2016 million in play with the consideration the county would take the road back over and take on the project, the whole project. The nuances with the $2 million and the timing of it, you know, needs to be fleshed out if that's an option that was there, but that's where we left off. The County Manager and I discussed, going forward, potentially bringing it back to the Board with a third option we thought was more viable, made a little sense, which was to bring this project forward as a top priority for our legislative agenda to seek funding there and also to go to the MPO through the public process and put this on a priority list. And there are -- that is that opportunity to do that. We have been successful the past two years with state legislative priorities seeking funding and received it for Naples Park. I believe working with the City of Marco Island and a joint resolution with the county, if we brought this thing forward for state appropriation, we might be successful there for some funds. I'll bring up a graphic that shows the '19/'20 year and '20/'21 year. Now, if we were to start this project in the next several months, we would probablygo through 24 months of design, permittinand review and the bidding preparation. So it would take you to '19/'20. There's about $2.9 million that we could discuss at the MPO in '19/'20. Ultimately in '20/'21, there's $4.5 million. So what the County Manager and I suggested to the City Manager was that if we do a joint resolution saying this was our top priority for funding, and if the Board was in agreement with that, we could take the $2 million, start the design, go forward with that project, and then hit the outer years for some funding that would -- might be available there and, along the way with our legislative priorities, seek additional funding from the state. He said he would have to go back to his Council, and that's where we stand. So there's three options in front of you which is status quo. I Page 53 September 13, 2016 know there's a new board coming on and some city councilors that may change, so that might be a discussion that waits a little bit; two, accept their offer for the $2 million and move forward, and then the risk for us to the upside is about 6 million, or $4 million more; or the third option, for us to approach the city with this offer, to make this our top legislative priority and MPO priority, and staff is recommending the third option, ma'am. CHAIRMAN FIALA: Thank you so much. We have two -- some speakers on this one? MR. MILLER: Yes, ma'am. Your first registered speaker is Dr. Greg Bello. He will be followed by Steve Morgan. DR. BELLO: Thank you very much. This is Dr. Greg Bello. I'm the president of the Goodland Civic Association. I'm here to --just to talk about my concerns about the expediting this whole process. We're in a position here as Goodlanders sitting in a very vulnerable way waiting for our -- waiting, basically, for a demise, some kind of bad thing happening. And we're concerned with the way we've been treated by Marco Island, that we have not been really respected, and that their attention to our concerns has been little to -- little to none. Now, we appreciate the Collier County Commissioners because we feel like there's a group of people that are on our side or at least understand our concerns. And our concern -- our concern is the safety and welfare of the islanders. As you can see on that map that we saw before, there's quite a long stretch of a single-lane road going from civilization through nature back to a community. And, you know, the concern is that during a spring tide or during a storm that there could be a possibility of an impassable path to our civilization, which is the Goodland community. Now, this past year we -- as being the president of the Goodland Civic Association, we've been involved in helping take care of the Page 54 September 13, 2016 residents of Goodland by setting up a emergency response team on the island. And we happen to have approximately seven 911 calls that affected cardiac concerns where there was an urgency, a risk -- a concern about a cardiac arrest. And during one of those calls, there was actually a true cardiac arrest. We were able to get to the resident, get a defibrillator on him, and convert him back to a rhythm. Fortunately, we were able to save his life and, in the process, I noted that it took approximately four to five minutes before the paramedics showed up. So they did everything they could do to get to us, and that's during good times and during good weather. Our concern is any kind of an impassable point in that road would delay them even more, and potentially a human life could be lost from this. So to recap, I'm concerned that we're being ignored by Marco since they are basically our bosses in this situation, and we're asking for the commissioners to take this road back and be the ones who are responsible for our circumstances, not a group that has nothing to do with us. I appreciate your help on this. MR. MILLER: Your next speaker is Steve Morgan. MR. MORGAN: Good morning, Commissioners. I'm a native son of Collier County. I've been here since 1963, and I'm also a professional civil engineer. I've studied this topic for several years now, and the one thing that I come away with after reading the interlocal agreement is the city has completely failed in dealing with that interlocal agreement, but that's come and gone. We agree with Nick's recommendation for Recommendation No. 3 with the only caveat that I understand that Marco was hesitant in going along with the idea of putting their number-one priority of Page 55 September 13, 2016 Goodland Road, and they were backtracking on that. And our only concern is if they back away from that recommendation, what will be our next step? And we will put as much pressure on Marco Island as we can to make sure that they prioritize it. But, again, we're at their mercy. And with that, we completely support staffs recommendation. Thank you. CHAIRMAN FIALA: Thank you, Steve. Although I have Commissioners Hiller, Nance, and Taylor waiting, I'm going to take the prerogative this time. I don't -- I usually like to preside rather than take control, but in this particular instance, being in my district, I do want to be the first speaker, and that is, maybe people don't realize the urgency of this. I had --just this year I've had calls from people who could not get out of Goodland to get to work. One lady who worked for the state, she had to be at her job at 5:30 in the evening, and she had no way to call the state because they were already closed, but she's hired to do a job after 5 o'clock, and the people are waiting there for her on the other side, actually, in East Naples, and she couldn't get out of there for 45 minutes. I had another call from somebody else who also could not get home because they couldn't get through that road. And, you know, right now -- we discussed it a little bit earlier -- sea level rise is upon us, and it's moving faster than we thought it ever would. We've got to do something about this. We cannot wait. This is not something that can languish around till 2021. These people have to be able get to their home and, not only that, but to be rescued in case they can't get out. During the rains and everything, how can people get in to rescue them? Even the fire engines, they -- you know, they can get down there. I talked with Mike Murphy over in Marco. They can get there, Page 56 September 13, 2016 but it's not easy, and they're driving through saltwater, and it damages their vehicles. So I want to say to everyone, I think we have to do everything we can to put this on the front burner, get it done first. This is so important to those people there. They're our taxpayers, Collier County taxpayers. They're not City of Marco taxpayers. They don't even -- I think they have one taxpayer down there, right? And that's it. So I don't think that that encourages them to put any money there either. But it's our responsibility to take care of these people. They are our people. And so I just want to put that on the record. Okay. With that, Commissioner Hiller. COMMISSIONER HILLER: Yes, thank you. Commissioner Fiala, I agree with you 100 percent. And as to Marco being negligent in their alleged duty of maintaining that road, that isn't the case, and I'll tell you why; because the Clerk has paid out on that contract and had a duty to pre-audit that contract and ensure that any payment made to the City of Marco in reimbursement for their expenditures was in accordance with that contract, and he did that repeatedly. So it really is the county's duty. And I agree with Commissioner Fiala, the county has a duty, and Marco is not in breach of their agreement. And the county has to act now. We have a public health/safety issue. And when I look at the diagram that we have on the overhead here, I have a whole community that has only one point of egress and ingress, as I understand it, and that's Goodland Drive. And you cannot isolate a community like that in the event of a hurricane or some other event where they would have to escape from their homes and would not be able to. It is unconscionable that this board has allowed this road to deteriorate and put the citizens of Goodland at risk. Page 57 September 13, 2016 I don't believe that we can wait for the MPO to make this a priority in 2020 or 2021. That's unacceptable. And I find it inexcusable for this board to sit here and for anyone in the community to blame the City of Marco when this board has knowingly paid out to the City of Marco based on the clerk's pre-audit year after year after year. CHAIRMAN FIALA: I think it's -- COMMISSIONER HILLER: I think we absolutely have to do what Commissioner Fiala says. We need to get this in the current budget. We need to get this fixed now, and we have to take responsibility for our citizens and that road to ensure their public safety is properly protected. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Yes, thank you. I agree. I think it is a safety issue. That having been said, I did not hear -- you know, I'm very deferential to Commissioner Fiala because this is her district. Short of that, I'm going to make a motion that the Board of County Commissioners support County Proposal No. 3. I appreciate Nick's initiative on this. I think it's a way to work through this. It's my expectation that the Marco City Council is going to become our partner on this. I don't think they should try to shed their responsibility; however, I would add one other thing to my motion, and that is for county emergency management and the County Manager to make certain that in the interim we establish a communications system so that we can work together with the Goodland Civic Association to establish direct communications with all those citizens at risk so that during the time of improvement and prior to its completion we have every means of contacting these people and making sure that evacuation is effected efficiently in the case we have a Category 4 or Category 5 storm that comes up. I don't think we Page 58 September 13, 2016 can wait for that to be on our radar before we come up with something because, clearly, it's a safety issue. So that's my motion. CHAIRMAN FIALA: Thank you. And I second that motion. Commissioner Taylor? COMMISSIONER TAYLOR: I, too, am very concerned, and I appreciate your remarks, Chairman Fiala, and I know you've been (sic) great concern about this. I would also like to see if we have a consensus that if for some reason Option No. 3 isn't accessible or an agreement with the City of Marco City Council, that staff just goes ahead, withdraws it, and starts the process. Frankly, I'm the chairman of the MPO. I can count heads. I'm sorry. The line is drawn as far as I'm concerned, and we need to proceed. And, yes, it would be great if we did it in a -- the proper and gracious manner, but given their position and their ignoring the reality of this -- of their actions over the last eight years and the repeated attempts for a year and a half to try to work this out, I think it's time for action. So we do it with them or without them, but we get it done. MR. CASALANGUIDA: Just for clarification, Commissioner, we don't own it, technically, so I couldn't do it without them. I would need their permission. They're technically the landowner of that road. So for us to move forward with the design, there would have to be an agreement, and that's where Option 3 comes into play is that we'd make it a legislative priority, that we'd sign joint participation agreements, submitting permits jointly for that project, and that we would transfer the title back to the county upon completion of the project. So I couldn't do it -- your caveat at the end, couldn't happen. COMMISSIONER TAYLOR: Okay. So then -- and, you know, Page 59 September 13, 2016 sometimes you -- I'm not going to regret what I'm saying. Let them not agree to us taking action. CHAIRMAN FIALA: Okay. Excuse me. I'm sorry. Did you have something else, Commissioner Hiller? COMMISSIONER HILLER: Yeah. I need clarification. Option 3 provides for funding through a prioritization through the MPO. It doesn't -- and that's the 2020 agenda. MR. CASALANGUIDA: Ma'am, it's 2019, for clarification, and, you know -- COMMISSIONER HILLER: These people can't wait till 2019. MR. CASALANGUIDA: I wouldn't have it ready till almost then anyway. COMMISSIONER HILLER: What do you mean "ready"? MR. CASALANGUIDA: I have to go out for a design process to stay within the right-of-way -- COMMISSIONER HILLER: Well, you're going to, based on this, not start that design process till you get funding from the MPO in 2020? MR. CASALANGUIDA: No, ma'am. COMMISSIONER HILLER: When would you start that? MR. CASALANGUIDA: The proposal would be if Marco was to agree, we'd draft up this agreement, we would take over the project management right away, within a couple months. We would either use the firm that they selected, if selected properly, or we'd select our own. We'd start design permitting and get the bid construction ready. We'd be ready to go in about two years. We're in fiscal -- COMMISSIONER HILLER: You would use the $2 million -- MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: -- to do all of that immediately? MR. CASALANGUIDA: Yes, ma'am. And then you figure in -- it's FY 17 now, two years takes us to FY 19, and then between what we Page 60 September 13, 2016 might get for legislative money for appropriations. COMMISSIONER HILLER: That's the problem, "might." I think there has to be a contingency that in the event we don't get it, that there's a commitment that the county will fund that construction in the eventually that we don't get the state funding. MR. CASALANGUIDA: Ma'am, it's the way you structure the agreement. If you tell the City of Marco that, they're going to say, great, take the two million. Good luck. COMMISSIONER HILLER: And that's exactly how it should be. It's for the benefit our citizens. It's not for their benefit. They happen to own it. We're making the investment in order to take it over. It's for the benefit of citizens of Collier County, not citizens of Marco. MR. CASALANGUIDA: Ma'am, I couldn't agree with you more. I've been fighting this fight for approximately nine years now. But what I'll tell you is, is that they started a design in 2007 to fix this road because it was their ownership, and they knew it was substandard. They entered into a contract with Kimley-Hom to do the project, then their 30 percent plan showed a need to be reconstructed approximately two-and-a-half feet. It's their property. They knew it. There was communication back and forth that this was going to get fixed. At some point in time, City Council changed, the project dropped off it, and it never was done. The intent of the agreement both -- as Commissioner Fiala remembers, and when you read the emails and the meeting minutes -- was that this road would be taken care of as they took ownership of it. They have not. So my suggestion to Option 3 would say, we put joint resolutions in that this is the number-one priority. You can leave it that high, and then that would lead to what Commissioner Taylor was doing. Once that resolution's in place, we'd apply for both state appropriations and look at this MPO funding list Page 61 September 13, 2016 and then collectively, as an MPO board, transparently, if the money's available, you would move it towards this project. COMMISSIONER HILLER: And if the money is not available, what are you going to do? MR. CASALANGUIDA: At that point in time, ma'am, it's -- you know, you decide. We're two years into design, and we can have the discussion about construction dollars at that point in time. COMMISSIONER HILLER: I think this is going nowhere. CHAIRMAN FIALA: And we don't have to -- oh, no, it's going someplace. We're not letting it languish. And then if-- you know, if there's something that we can do correspondingly while they're doing the design and engineering on it, if there's -- you know, if we need to be borrowing money or something, we're going to have to do that, because the quicker we can get this done, the better off the Goodlanders are, and, you know, the less we have to worry about what's going to happen to them if we don't. I mean, it's just something -- sometimes we can do things unilaterally, you know, and I'm hoping that we can move it forward. But, anyway, we have a motion on the floor. Oh. COMMISSIONER TAYLOR: Just quickly. I think what you said, Chairman, is what Commissioner Nance was talking about. In the meantime, we know there's a process. We know we can't -- we can't short-change it. We will push this ahead. We made the resolution. This is going to happen. One way or another, this is going to happen. Meanwhile, there is a way of communicating to the citizens of Goodland that we don't have in place right now in case of emergency so that your calls are not going to come. They may still come, but there's a sense of security given those folks in Goodland. And I'm not smart enough and I don't know enough about how to do this, but I think -- I think we can do an outreach in that community, which is Page 62 September 13, 2016 what Commissioner Nance was talking about. CHAIRMAN FIALA: Right. And there's holes in this road now. The road is flooding all the time. There's a lot of maintenance that hasn't been done, and I don't even know that it can stand there two years and not get very much more deteriorated. So we're going to have to -- somehow we're going to -- you know, if they give us the control of the road, we've got to take over and get that baby working. Okay. I have a motion on the floor and a second. Did you want to say something, Leo? MR. OCHS: No, ma'am. CHAIRMAN FIALA: You look like you're poised. Okay. COMMISSIONER TAYLOR: He was, but then he decided better. MR. OCHS: Motion and a second. That's when I be quiet. CHAIRMAN FIALA: Motion and a second. 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: That is a 5-0. Thank you for being here, gentlemen. We're going to work as hard as we can to make sure that you guys stay safe. Thank you. Item #11B AN INTERLOCAL AGREEMENT APPROVED BY THE Page 63 September 13, 2016 GREATER NAPLES FIRE COMMISSION AND PRESENTED TO COUNTY STAFF TO PROVIDE FIRE SERVICES TO THE OCHOPEE FIRE CONTROL DISTRICT - MOTION FOR THE CHAIRMAN TO SIGN AN AMENDED AGREEMENT FOR CONSIDERATION AT TOMORROW'S MEETING, LEAVING THE TRANSFER AS IS, AND FOR 2 YEARS TO ASSIGN THE GRANT AND PARTICIPATE IN STATION #63 FUNDING FROM THE STATE WITH THE AGREEMENT TO COMMENCE ON NOVEMBER 1, 2016 — APPROVED MR. OCHS: Commissioners, that takes us to Item 11B. This is a recommendation to consider an interlocal agreement approved by the Greater Naples Fire Commission and presented to county staff to provide fire services -- management of fire services to the Ochopee Fire Control District. Ms. Price will make the presentation. MS. PRICE: Good morning, Commissioners. For the record, Len Price, Administrative Services Department Head. I would like to add to the record, at the time that we prepared this executive summary, town hall meetings were scheduled but had not yet been held. I'd like to happily report that those meetings have been held; one in the City of Everglades at the city hall and two with residents of the Port of the Islands. At this point we have not seen or heard any opposition to what you're looking at doing. We also did not have a very high level of participation in most of that meetings (sic). Down in Everglades City we had one city councilman come, and that was the extent of the public. Although, the firefighters were there; they are in support. The advisory committee was there; they are in support of moving forward. Out at the Port of the Islands, we had one meeting at the CDD Page 64 September 13, 2016 where there was a big water issue, and so there were a lot of members there. They weren't really there because of that item, but they did have an opportunity to hear what we were doing and ask a few questions, which we were able to answer satisfactorily, and then we had a second meeting yesterday at Port of the Islands at the station, and we had one member of the public there and, again, we did not hear any opposition. So I wanted to be able to update you on that. Essentially what you have before you are two versions, very similar, of a proposal that is essentially the same as what we did down in Isles of Capri with a few exceptions, because they are somewhat different. Staff is recommending to you a few changes over what the proposal came to you from Greater Naples, one of which, the first of which, which is the one that, to me, is the post important is to hold off until January 1 to actually affect this change. There's a lot of work that needs to be done, and I've always found that when you hurry something up, you miss things, you make mistakes, and problems can ensue. Since there is no -- nothing pressing upon us to have to do this in a certain time, I'd like to be able to take the next several months, do a good inventory. We need to contact the state and let them know about the change in the grant. It's just -- it's some paperwork. But I'd really like to be able to do it systematically and make sure that we're dotting all of our I's and crossing all of our T's. At this point in time we're switching over budget years. There's a lot of work other than this that needs to be done. So I would ask for that additional time so that we can do it right. Beyond that, we're also asking for some timelines to be placed into the -- into the agreement so that everybody understands exactly the same thing, that there will be certain time frames under which items will go back to the legislature for full annexation as well as for full funding or permanent funding for Station 63. Page 65 September 13, 2016 We also are asking to assign the grant from the state rather than try to manage it back and forth. I'm extremely concerned about -- if they're expending the funds and then invoicing us, and we are managing that grant, that things could fall through the cracks. There could be compliance issues. I think it would be easier to just transfer the grant over. The individual who has been managing that grant and knows all the terms and conditions is going to be moving to Greater Naples so, you know, she'll be there, which will leave us a little short on our side, to make sure that we're doing it right. The final piece is a funding piece and that, of course, is a policy decision up to you. The County Manager, our budget director, and I believe that at this point that we should start weaning the transfer from the General Fund in slow increments, so we would start off at 100 percent in this first year down to 75 and down to 50. And with that, I'm here to answer any of your questions, as are the chairman of the Greater Naples board and the fire chief and some of his staff. CHAIRMAN FIALA: And I have some speakers waiting to -- MR. MILLER: Yes, ma'am. Your first registered speaker is Jean Kungle, and she will be followed by Jeff Page. MS. KUNGLE: Good morning. CHAIRMAN FIALA: Good morning. MS. KUNGLE: Thank you. Jean Kungle, Port of the Islands. I'd like to urge all of the Commissioners to accept the Greater Naples Fire Management Agreement for Ochopee and without the changes staff recommended. The Ochopee district is the last of the county's fire responsibilities, and it's time for the next step in consolidating, time to move forward getting the entire county -- excuse me -- under the same firehouse and mill rate. Page 66 September 13, 2016 Taxes are the same a e throughout the county for all other emergencies, and it's time fire is taxed the same. With that in mind, I would also urge the county to continue the subsidy from PILT funds in the general account during the management time frame and beyond. While the county feels they are subsidizing the Ochopee district, the taxpayers in the district feel they are subsidizing the county. Why? For one, it was decided many years ago for the feds, state, and county to buy up the land -- I get nervous, sorry -- hence, no more development. Hence, the PILT funds Ochopee procured from the feds, which this year is 1.34 million, that land is now enjoyed by thousands of tourists, which means millions of dollars are spent in Collier County. Recently the Naples news reported $87 million spent with an economic impact of 124 million annually. It's also bolstered as an earmark of how much preserve space Collier has forever. Ochopee has been paying 4 mill rate to support this vast area of the county for many years, and right now they are also paying back a loan for the fire station renovation from the county for another .5 mill, bringing it to 4.5 mills. Until the Port of the Islands station was built, we were 13 miles from the nearest station. Until I-75 station was built, we supported trucks and manpower making many trips all the way out to Mile Marker 50. That's 100 miles round trip. I urge you to take all this into consideration and continue paying the county's fair share, not as a subsidy but as a responsibility. Forgive the loan, reduce the mill rate back to 4 showing good faith, and let Greater Naples manage the district until such time annexation can take place. Lastly, I'd like to thank Chief Alan McLaughlin for all his hard work, dedication, perseverance, and all the men that work for him, making the district viable for this consolidation. We will surely miss Page 67 September 13, 2016 them. Thank you. Sony I jumped my voice. MR. MILLER: Your next speaker is Jeff Page, and he will be followed by Kingman Schuldt. CHIEF PAGE: Good morning, Commissioners. For the record, Jeff Page. I'm currently the chair for the Greater Naples Fire Department. Commissioners, in looking at the executive summary, we have a meeting tomorrow night, and I think that if the Board -- I think we could easily sell three of the four items on here. And if you look at No. 3, the one modifying the payments, that would be a tough one, because then I would be asking the Greater Naples residents to actually subsidize the Ochopee Fire District while we're managing them, and I think that would be an item where we'd get a lot of pushback. I think as long as we're managing it, we need to have the full funding for those three years. Now, I will tell you that it would be our plan, or at least I think what we should be doing is in that second year, in 2018, actually hopefully getting a straw ballot approved to ask the residents in both districts if they would agree to the merger and at that point possibly initiating that in the third year itself. But just like the Isle of Capri agreement, that was a three-year term; we actually were able to turn that one over in a year. So it would be in our best interest to move it along as quickly as possible. And the only other thing I would ask is that we do reach some type of agreement as soon as possible making the transfer possibly in November as opposed to January 1st to avoid the holidays for staff. So certainly the quicker we're able to take over the management, the more cost savings that we can initiate using our own IT department and everything else. So with that, I'm here to answer any questions. The chief will be speaking after myself, and he can get into more detail if you'd like. Page 68 September 13, 2016 HA C IRMAN FIALA: Thank you. CHIEF PAGE: Thank you. MR. MILLER: Your final registered speaker is Kingman Schuldt. CHIEF SCHULDT: Good morning, Commissioners, Mr. Manager, and staff. For the record, Kingman Schuldt. I'm the fire chief with the Greater Naples Fire Rescue District. And, as you know, we've had this discussion for -- ongoing for about a year and a half. At your request we've put together proposals to work cooperatively for the eventual mergers of Isles of Capri and now Ochopee Fire in District 1, which you know has just recently been -- our boundary's been expanded for taxing purposes to include District 1. And I do want to reflect just quickly on some of the successes of Isles of Capri. I think it's very important. We are very committed to continue with our efforts to lower the taxes to the residents of Collier County and enhance services, and I think we've done that. In fact, I know we've done that. And some of those successes in Isles of Capri, we have increased the staffing; we stood true to our promise there. We have purchased a new fire rescue boat, which is something we said we would do that. We've brought all the employees over. We've continued to provide fire and life-safety services to Isles of Capri and District 1 and Ochopee, now under agreement with the county. We've enhanced their training and other things like providing a 24-hour supervisor to those areas. And those are just some of the successes. But I think that the biggest catch in there is we've lowered the taxes, and that's what our goal was. We have said that from day one. Initially when you asked us to put in a proposal for Ochopee, we declined because of-- we weren't sure that we could do it under the prescribed request. Page 69 September 13, 2016 And we have looked at that hard. We've worked very closely with the Ochopee executive staff members and talking to the union members, and we're very, very committed to doing this. We know we can do it. And the sooner we can get working at this, the sooner we can start managing those tax dollars, reducing those costs, and increasing those efficiencies to those residents out there. And I'm very, very confident -- and it's been very, very productive working with Chief McLaughlin and his staff. And I will tell you that we took it to heart the persons of-- specifically in Everglades City of maintaining that tie to the community down there. And I will tell you, in what we've drafted and how we would continue to manage this through the next three years is to make sure that Chief Morris, Caleb Morris, would be the face at the local community, leaving a chief officer there to help manage that within the city, because we know the sensitivity of that there. And we're very, very committed to that. The union folks on both sides have met numerous times, and I'm comfortable with where they are at from both sides. They may speak to that. But, overall, we look forward to it, and we're very confident that we can do that if the approval between the boards is agreed upon, that we know that we can implement this in a very, very short period of time. So I'm going to finish, as I have about two seconds left. I'll answer any questions. CHAIRMAN FIALA: No questions, but I'm going to take the liberty of speaking first, being that all of these things are in my district anyway. CHIEF SCHULDT: Yes, ma'am. CHAIRMAN FIALA: And I have to say that you've done a great job at Isles of Capri, and I love the thing that you've put in there, little Coco Tele, Coconut Tele every time. That's good. Page 70 September 13, 2016 The people are very happy with the service, so that tells me that that's the same type of service that you'll be giving to the rest of these participants as they are folded in to this fire department. CHIEF SCHULDT: Yes, ma'am. CHAIRMAN FIALA: So I just wanted to give you a little credit there. CHIEF SCHULDT: Thank you. CHAIRMAN FIALA: Let's see. Moving on to Commissioner Taylor. COMMISSIONER TAYLOR: Yes. Just -- would you please explain why you want -- I think Mr. Page mentioned the idea of holidays for staff, and you want to move this decision to November rather than January. CHIEF SCHULDT: Well, our proposal was October, or the board's -- COMMISSIONER TAYLOR: Yes. CHIEF SCHULDT: -- proposal was October, and we believe, in the best interest of everybody, yes, holiday is important. I would like to give my staff a little time off. But when you implement something like, it's very time-consuming for that initial push, that first 30, 60, 90 days. But we firmly believe that the sooner we can get on this, we can find and explore those cost savings in more detail. We know on paper what we think we can do, we've said that, but we want to get in there, we want to get those employees transferred over and start saving some of those costs, because our goal is, obviously, to lower the millage rate. And the sooner we can get on it, the sooner we will achieve that. And that's the nuts and bolts to me. The longer we wait, the more money that we are going to spend. If we go through our first quarter without implementing some of those changes, obviously, that's money that's lost or we're utilizing at a Page 71 September 13, 2016 1 higher rate. COMMISSIONER TAYLOR: Okay. Then will you please justify your reason for expecting full funding rather than the -- CHIEF SCHULDT: Absolutely. It was proposed by our board that full funding, we'll call it through a three-year period -- and I know that date is up for discussion. But it would not be prudent for me to subsidize a service to another area on the backs of my taxpayers. That's not what they signed up for. We charge them, or they are levied at a mill and a half, and for -- we provide a service at a mill and a half. And for me to take a portion of that mill and a half to contract that out, if you will, to provide service to another area just would not be prudent, and I could not recommend that to my board. And in order for us to manage it, we need that funding for the three years. We start doing some cost savings implementing those things. And what I like to say is I think that the residents overall of Collier County would be very happy to know that there's an end game and that there's a future. And if we tell them in three years your taxes are going to go down, I believe that's a win-win for everybody. And much like Ms. Price said, we want to do it correctly. And to subsidize that and charge my taxpayers or utilize those funds just would not be appropriate. COMMISSIONER TAYLOR: And you anticipate that you would have to subsidize? I mean, your cost savings -- you know, it's kind of speaking two things. We're going to do this -- and I'm not being argumentative; I just wanted to be very clear about it. We're going to implement cost savings. We're going to reduce your taxes -- CHIEF SCHULDT: That's correct. COMMISSIONER TAYLOR: -- but we still need that full funding from the county. CHIEF SCHULDT: Right. Well, we are going to manage that for you for three years, if you will. Page 72 September 13, 2016 So whether I manage that or your staff manages it, we want -- we believe that we should have the full allotment of that money to manage that, and then as we start to look at those cost savings, you know, we also know that there's a two-year General Fund transfer in there. So there are things in there that have to be addressed. And, again, I just do not feel that to go out in a public meeting to the taxpayers in Greater Naples and say, hey, we are doing this but, by the way, we are using some of our General Fund to subsidize that would not be appropriate. COMMISSIONER TAYLOR: Okay. Thank you. CHIEF SCHULDT: Yes, ma'am. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Is there any Ochopee firefighters here? You know, need some guidance. I remember last time we had conversation. Are you guys in favor of the management that's being proposed by Greater Naples? UNIDENTIFIED SPEAKER: There was a major vote. The majority is in favor. COMMISSIONER HENNING: Okay. Thank you. CHAIRMAN FIALA: I'm sorry. What did he say? COMMISSIONER HENNING: The gentleman said there was a vote by the majority -- and the majority supported the management of Greater Naples. Commissioner Page, if you've got a minute. Thanks for your time. You and I spoke, and I think there's -- I believe that you told me there's going to be an enhancement of service to the residents of the Ochopee Fire District. You're going to put extra people on? CHIEF PAGE: Well, typically in Greater Naples, the staffing -- the minimum staffing would be three. In addition to that, the swap that currently exists -- because Ochopee really doesn't have any certified Page 73 September 13, 2016 paramedics under the Medical Director. We, of course, do through the interlocal agreement that we have with the county and the Medical Director. So that would be another advantage is that we can actually staff on our fire trucks that paramedic, because I believe in one of the stations, either Port of the Isles -- that there is not a swap down there. So that would be another enhancement as far as providing additional services. COMMISSIONER HENNING: And they're running two firefighters per call now? CHIEF PAGE: Well, I think their minimum manning is two. They may have three on some of the units, so -- COMMISSIONER HENNING: Right. CHIEF PAGE: -- you'd have to ask Chief-- COMMISSIONER HENNING: And you're proposing there would be a paramedic on these engines? CHIEF PAGE: Correct. COMMISSIONER HENNING: Okay. Well -- okay. Now, I understand the October 1 because that's the fiscal year -- CHIEF PAGE: Correct. COMMISSIONER HENNING: -- starting, but I guess that -- and we've been working on this for over a year now trying to get some kind of a management agreement. That is what it is. The -- so there's really only -- are you in agreement that we could have something in the contract that the Greater Naples will seek annexation or consolidation within the time frame of the contract? CHIEF PAGE: Yes. COMMISSIONER HENNING: Okay. So the only other thing is the transfer in and the start time. You're hoping to start earlier. CHIEF PAGE: There's some advantages, fiscal advantages for us to start as early as possible, so yes. Page 74 September 13, 2016 COMMISSIONER HENNING: Yeah. Okay. Well, just for everybody's information, the transfer they're talking about is PILT. PILT is payment in lieu of, that it comes from the federal government; I think some come from the state government also, because there are a lot of properties that are not taxed. And the East Naples -- I think Golden Gate part of it, they've been getting PILT money since the '80s, if I remember, being a fire commissioner. I know that Vince Doerr, Chief Vince Doerr from the Ochopee back in the '80s applied for and historically got PILT money to run the Ochopee Fire District. I mean -- so it's nothing new. And the County Manager has put that -- a graph on there of what has been the transfer, and they did -- during the high times there wasn't a transfer of funds, and the county kept that money while Ochopee still provided that service to the federal and state lands that does not pay taxes. CHAIRMAN FIALA: What? COMMISSIONER HENNING: They still -- yeah, the -- within the district, the taxes that are collected are from citizens and businesses that own property. Churches and government don't pay property taxes; however, not-for-profit, such as churches, and government receive services from that. So not-for-profits, they may give some money to the independent fire district, I don't know, but that's the whole idea of the PILT funds was for services received in lieu of taxes. So I understand the reasoning for that, of the transfer. So with that, I'm going to make a motion that -- direct chair to sign an amended agreement and get to the Greater Naples Fire Department for their meeting tomorrow night to consider. We'll leave the transfer as-is for three years, include language that the Greater Naples will seek annexation or consolidation within that three-year period. They will participate in the Station 63 -- Page 75 September 13, 2016 CHAIRMAN FIALA: . Yes. COMMISSIONER HENNING: -- 63 funding from the state, because that's not -- that's not an annual thing, right? MS. PRICE: It's annual for the next two years. COMMISSIONER HENNING: So it's guaranteed for the next two years? MS. PRICE: Yes. COMMISSIONER HENNING: Well, the real solution and -- I know everybody knows this. This is not a part of my motion, but I just wanted to explain that -- is an added charge for using I-75 on both ends. But anyways. The other issue is the start time of November -- COMMISSIONER TAYLOR: One. COMMISSIONER HENNING: -- 1. Commissioner Taylor's going to second my motion, so she wanted 1. COMMISSIONER TAYLOR: Right? November the 1st? CHIEF PAGE: Oh, that's perfect, yeah. COMMISSIONER HENNING: Is there anything else? What are the other disagreements? CHIEF PAGE: We don't -- everything else is very minimum, so that's -- COMMISSIONER HENNING: That's my motion. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. We have a motion and a second. Let me ask you about the PILT funds to -- because the people in Ochopee, or Port of the Islands really, have had to pay taxes for their fire station, and they've been more or less pleading for PILT funds to pay that off, and they have never gotten any, from what I've been told, but they do give them to Golden Gate, and I was wondering if that somehow is resolved in your motion. COMMISSIONER HENNING: I don't know if that's an Page 76 September 13, 2016 appropriate thing to do with this agreement, but I'd be happy to talk to Jeanie on the reasoning for that, could bring something forward or whatever. Does that work with you, Commissioner Fiala? CHAIRMAN FIALA: Yes, that's good. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Thank you very much. Okay. We have a motion and a second. MS. PRICE: Excuse me, Commissioners. Could I just clarify? What did you want done with the grant? Were you comfortable with us just assigning the grant over to Greater Naples? MR. OCHS: Commissioners, let me jump in. When you entered into the interlocal agreement with the state for the funding of Mile Marker 63 station, even at that time there was initial discussions going on about this potential merger, and the board had directed us, and it's in the agreement, to make sure that there was an ability to assign that contractual responsibility to a fire district in the event of a merger or an annexation or in this case a management agreement. So I don't think there's an objection to that if the state is not opposed to that. As Len said, it just is easier to execute administratively if they deal directly from a grant-compliance standpoint. I think -- CHIEF PAGE: We agree. MR. OCHS: -- Commissioner Page would agree. COMMISSIONER HENNING: Okay. MR. OCHS: We just have to make sure that the state's on board. The contract says the Board can assign its responsibilities under the contract in the event of an annexation or a merger by a fire district. It doesn't specifically say a management services agreement. That's what we need to go back to the state and clarify. If they're okay with that, we're recommending that the Board allow that assignment to occur. Page 77 September 13, 2016 COMMISSIONER HENNING: And I'll put that in my motion to be added to the contract. COMMISSIONER TAYLOR: I would agree to the amendment. CHAIRMAN FIALA: Okay. Very good, then. Commissioner Nance? COMMISSIONER NANCE: Okay. Mr. Ochs and Ms. Price, are you comfortable with where we are on this? And the reason I'm asking is this: I know this is happening rapidly, and when we started off the agenda item, it was clear to me that staff was not completely satisfied and was suggesting recommended changes. What I don't want to do is -- I want to say this: I cannot say enough about what the accomplishments that have been made by Greater Naples and their fire board, and Ochopee and all the firefighters, everybody involved with this, including the unions. I think their -- I think their accomplishment is amazing, and they should receive the highest accolades for doing that. But what I don't want to do is I don't want to be in a hurry here and then have there be some unresolved issue that causes a conflict between the county and the independent fire districts, because our relationship has been very, very good and, of course, all of you should realize it's always been my effort to make sure that the county and the independent districts have great collegiality and are moving forward in a cooperative spirit. So I want you to tell me if there's anything unresolved so that we can address it at this time. I don't want to be, oh, by the way, something's going to come up a year from now and then we have anxiety. MR. OCHS: Yeah, Commissioner, I think we're going to work towards the guidance that the board has just given us. If we find some reason why November 1st just absolutely can't work operationally or for some other reason, we'll be back in front of you in October to talk Page 78 September 13, 2016 about that. But for now I think we'll make our best effort to meet the Board's guidance. And I know this is the long-term intent to get to where this agreement hopefully will take us in three years' time or less. So there's no showstoppers in here for us at this point. I did want to just, again, for the record -- and not to be argumentative, and I know that people have a lot of opinions about PILT, but that is recorded in our budget as a general revenue, it's in your General Fund, and it's allocated out to operations and projects just like the rest of your General Fund budget. So, you know, you're free to allocate as much as you want out or retain as much as you want inside your General Fund. I was just trying to work through a phased transition because at some point over the next three to four years they're going to have to manage that new district anyhow. But we're fine with the guidance, and we'll execute. COMMISSIONER NANCE: Okay. Well, Chief Schuldt and Chairman Page, I hope that you will work together with the County Manager to fully address these things, and let's, please, don't leave any dangling participles that come back and put a wedge or a conflict between the county and the district, because we've come so far and, you know, you're the -- the county's -- citizens of Collier County that are beneficiaries, but it's to everyone's credit to do this. So I just want to make sure everybody's on the same page with their approach on this thing. CHIEF PAGE: I can assure you from my point of view, I've worked for Leo for over 20 years, so we'll be flexible as much as we need to be. MR. OCHS: Yeah. We'll get this worked out. COMMISSIONER NANCE: Thank you for your combined courtesy. Thank you. CHAIRMAN FIALA: And I think Commissioner Henning's Page 79 September 13, 2016 motion was perfect. It took care of all of the little nuances along the way. And I heard from the unions. I've had some of the unions call me. They're also in favor of this, just to mention that. Commissioner Hiller? COMMISSIONER HILLER: Thank you. Leo, can you explain the flow of funds? Right now, based on the schedule that you've got in front of us -- for example, in 2016 and the 2017 budget, you've got 565,000 of the PILT money going to Ochopee. MR. OCHS: Correct. COMMISSIONER HILLER: And the intent is that that will continue during this management relationship? MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: And is there going to be a provision that makes it clear that this money will be escrowed for the benefit of Ochopee and cannot be used in any other way other than for Ochopee? And how much is Greater Naples going to receive as compensation for their management? MR. OCHS: I'll let Len cover the details, but to your first question, in terms of escrow, that money, again, comes into your General Fund and will be then recorded as a transfer out to the fund that funds your Ochopee Fire Department. So no one -- no one can get to that. COMMISSIONER HILLER: So the money will not be going to Greater Naples. The money will stay in the Ochopee fund. And how will these funds be disbursed? MR. OCHS: Len? MS. PRICE: What we'll do is, all the ad valorem that comes in, we'll start off the year with, I think -- two-twelfths of the annual budget will transfer over to them to get started. Then after the December revenue is recorded, then we start giving everything else that comes in. Page 80 September 13, 2016 We start sending payments on a monthly basis. Towards the end of the year, about August, we do a reconciliation to make sure that -- COMMISSIONER HILLER: You're not answering my question. Who are you sending payments to and -- MS. PRICE: To Greater Naples. COMMISSIONER HILLER: And what are you paying them, specifically? MS. PRICE: All the ad valorem taxes that come in, and in this case we would be sending them also, I think in quarterly installments, the amount of that General Fund transfer. COMMISSIONER HILLER: So they're going to receive, essentially, 100 percent of the Ochopee taxes? And how are we ensuring that those taxes are going to be used for the benefit of Ochopee and not going to be diverted for the benefit of Greater Naples? I mean, they're concerned about their -- the Greater Naples residents subsidizing Ochopee. I'm concerned about the Ochopee residents somehow subsidizing Greater Naples because we know Greater Naples has financial issues. MS. PRICE: Well, in terms of the ad valorem taxes, that's -- those are taxes to those residents, so we've got to keep the taxes with the -- with that station. So, so long as we're providing it for that service, you know -- COMMISSIONER HILLER: Well, the agreement is going to provide for that, correct? MS. PRICE: Correct. COMMISSIONER HILLER: I mean, the agreement is going to stay specific -- MS. PRICE: So it's a payment on an agreement. COMMISSIONER HILLER: But that -- 100 percent of those funds are going to go back to Ochopee? Page 81 September 13, 2016 MS. PRICE: Correct. COMMISSIONER HILLER: And what about the facility PILT money? MS. PRICE: The PILT money, that's going to be a payment that's decided by the Board to be given in four even installments, and what we will know is that we're getting the level of service because we've got a contract with them, so we can certainly monitor, as we do with all our contracts, monitor the contract compliance. COMMISSIONER HILLER: But, again, that -- all those PILT monies are going to go for the benefit of Ochopee? MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: And for the residents of Ochopee. CHAIRMAN FIALA: Pulling their taxes down. COMMISSIONER HILLER: So in other words -- and that -- well, it's not going to pull the taxes down because right now we're doing the PILT plus the taxes. It's not pulling any taxes down because we are making a PILT contribution to Ochopee right now. MR. OCHS: Yes, you're -- MS. PRICE: Yes. MR. OCHS: -- making an annual General Fund transfer -- COMMISSIONER HILLER: Out of PILT? MR. OCHS: -- out of the General Fund. COMMISSIONER HILLER: But it's PILT. It's PILT funds that came into the General Fund. MR. OCHS: Yes, you can say that. COMMISSIONER HILLER: It is what it is. I mean, that is what's happened. You received a certain stream of funds through PILT. MR. OCHS: Yes. And you have a series of revenue streams that make up your General Fund. COMMISSIONER HILLER: I understand. Page 82 September 13, 2016 MR. OCHS: And they're fungible, and then they get transferred out to various operating -- COMMISSIONER HILLER: I understand, but it's the intent of the use of the PILT monies that they go to Ochopee to help defray their total taxes. MS. PRICE: The PILT is actually for more than just fire services. COMMISSIONER HILLER: I understand. But we've made an allocation. I'm looking at what you've presented here. You've presented a chart, right? MR. OCHS: Yes. COMMISSIONER HILLER: And was this transfer to Ochopee the -- what was the 565- transferred to Ochopee out of PILT dedicated for? MS. PRICE: It's to balance their budget. It was the difference between the cost of providing services and the amount of tax dollars that they received. COMMISSIONER HILLER: And that is going to continue as a dedicated stream to defray Ochopee's ad valorem tax revenues? MS. PRICE: Correct. COMMISSIONER HILLER: And keep them down? MR. OCHS: Yes. COMMISSIONER HILLER: And those funds are going to be used for the benefit strictly of Ochopee and can't be defrayed in any other way -- MR. OCHS: That's correct. COMMISSIONER HILLER: -- by Greater Naples. MR. OCHS: That is correct. COMMISSIONER HILLER: And that's going to be clearly provided for in this agreement; right, Jeff? CHIEF PAGE: The agreement is what the agreement is. Page 83 September 13, 2016 COMMISSIONER HILLER: No, the agreement isn't what the agreement is. It hasn't been executed. It's in development. And you're going to talk to your board about it, and we're talking about it right now. MR. OCHS: Yes. It is a management agreement to provide fire services to the Ochopee Fire Control District. So the revenues outlined in the agreement, including the ad valorem revenues and the General Fund transfer, are strictly for the operation of the Ochopee Fire Control District. CHAIRMAN FIALA: But they have to pay 4.5 percent millage rate -- MR. OCHS: Yes. CHAIRMAN FIALA: -- or 4.5 mills rather than the 1.5, right? MR. OCHS: Yes. MS. PRICE: For these three years, yes. CHAIRMAN FIALA: Well, why aren't we using the PILT money to bring that down? I think that's exactly what Commissioner Hiller is asking as well. I mean, why aren't we pulling that down so everybody has a uniform tax rate? MR. OCHS: Well, if you want all the citizens of Collier County to subsidize the Ochopee district to that level, you could do that. CHAIRMAN FIALA: No, just the PILT dollars. MR. OCHS: That's General Fund money, ma'am, that's already allocated in your budget. So, you know, we can take it from another program if you want to move it. COMMISSIONER HILLER: What is PILT being used for now? MR. OCHS: Mark? MR. ISACKSON: PILT money is federal dollars that come to the counties for defraying public safety operations, including the sheriff, including everything for public lands that aren't taxable. So that's why it goes into the General Fund. Page 84 September 13, 2016 There's no specific -- the reason we moved the PILT money to Ochopee is because -- you know, and we had the years where we didn't move PILT money because the taxable value was able to support the operations. And then the taxable values dropped like a rock, so it would make sense to move some of that PILT money over there to subsidize their operations, and that's what we have done and what we continue to do. COMMISSIONER HILLER: I understand, Mark. And what I see also, to your point, is that the tax base in Ochopee is moving up. MR. ISACKSON: That's correct. COMMISSIONER HILLER: Because if you look at 2006, it was 330 million, and we're at 327 million, and it was deemed unnecessary to provide any PILT assistance in 2006, and now with the tax base back at that level, we're still providing over a half a million dollars in tax assistance, so I understand your point. My concern is more that, to the extent that any PILT is awarded to defray the ad valorem, that we're just ensured that all of the money that is going out of the county is going to Ochopee and not going to Greater Naples. You know, as I said, my concern is the opposite of what Greater Naples' concern is. They don't want to subsidize Ochopee. I don't want tax dollars that should go to Ochopee subsidizing the other side. MR. ISACKSON: You will still have Fund 146. Fund 146 is the Ochopee Fire District MSTU. Monies will be deposited there and in the form of remittances out to Greater Naples for purposes of satisfying the management agreement. There's -- there is your flow of funds that you're asking for. COMMISSIONER HILLER: So -- and all the other funds are going to go directly to Ochopee Fire and then -- MR. ISACKSON: Yes. COMMISSIONER HILLER: -- they will be retained for the Page 85 September 13, 2016 operations of Ochopee Fire, and it's only the MSTU funds that will be used to pay a management fee to Greater Naples? MR. ISACKSON: Well, keep in mind that the PILT money also gets transferred from a general fund to Ochopee. COMMISSIONER HILLER: I understand. MR. ISACKSON: So you have a basket of dollars that are sitting there. COMMISSIONER HILLER: I understand. MR. ISACKSON: And then you'll have the expense side of the equation, which will be then disbursed out for purposes of managing -- COMMISSIONER HILLER: I want to make sure that the expense side of the equation is retained for the benefit of Ochopee and that the expense side doesn't go beyond Ochopee's borders. MR. ISACKSON: If you like -- if you look at it in terms of the Isles of Capri model, this is no different than the Isles of Capri model. And the Isles of Capri model, as far as I know, folks, has been working pretty well in terms of the payment flows. COMMISSIONER HILLER: And you've ensured that all the monies have been retained 100 percent for Isle of Capri? MR. ISACKSON: Through the management agreement, yes. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. I don't understand the questioning here, because everything's laid out in the contract in the agenda, unless the agenda wasn't distributed to everybody, they didn't get a chance to read it or was busy over the last few days. It's all spelled out. It spells out what service is going to be provided. It spells out the transfers of funds from the county to the fire district for the management. It spells out the -- they actually did find, you know, the bit of enhancement of service to the Ochopee Fire District. But the reason I turned on my light is Commissioner Hiller made Page 86 September 13, 2016 a statement. I'm very curious to know where she's getting her information that Greater Naples is -- has financial issues. Can you tell us what those financial issues are, Commissioner Hiller? COMMISSIONER HILLER: I absolutely can. I'm very concerned about the district's unfunded pension liability and non-pension post-retirement benefits liability, and I'm also very concerned about the district's liability for I believe what was the Golden Gate station, if I'm not mistaken. Anyway, Mr. Page, or Commissioner Page, you know, why don't you -- have you received your audited financials yet, including your supplemental schedules for this year? CHIEF PAGE: Yes, and we have someone here anticipating your question on this. I'm glad you brought it up, actually, so we can settle it. COMMISSIONER HILLER: That's great. And I believe -- what was the total amount of the unfunded liability? Wasn't it, like, 18 million, and wasn't the building about 6 million? So wasn't the total about 22 million or thereabouts? CHIEF PAGE: No, you're wrong. COMMISSIONER HILLER: Okay. Well, that was what was in your financial that I looked at the last time when this issue came up. CHIEF PAGE: Can we explain? COMMISSIONER HILLER: Of course. MS. BISHOP: Tara Bishop, Deputy Director of Finance for Greater Naples Fire. The audited financials for September 30th, 2015, show total liabilities of 19,157,000. Of that, 6,766,000 is a GASB 68 requirement of FRS's unfunded liability. The district is responsible for a 175 plan, or local retirement plan, which is overfunded by 114 percent. There is no unfunded liability that the district is directly responsible for. Page 87 September 13, 2016 Every independent special district includes a piece of the FRS unfunded liability, which we have no control over. At September -- September 30th, 2015, we did have a building loan of 6,022,000. It now sits at under --just over 5.5 with an aggressive funding, 10 years, 3 percent fixed loan. It will be gone. COMMISSIONER HILLER: And what is the status of your post-retirement benefits, your non-pension post-retirement benefits? MS. BISHOP: We have frozen our post-retirement benefits and will have a new OPEB study done to reduce the $4 million liability that is sitting on the books from pre-merger East Naples. COMMISSIONER HILLER: Well, you had -- your previous financials that I had looked at had a supplemental schedule which showed different numbers, and maybe we're talking about, you know, different liabilities. But you had supplemental schedules that showed more significant liabilities than what you're -- MS. BISHOP: We're happy to share the whole thing with you. COMMISSIONER HILLER: I would really appreciate going over that. Thank you. COMMISSIONER HENNING: Yeah, Tara, you know, I don't understand why a county commissioner would be concerned about an independent district's financing. MS. BISHOP: I'm happy to share them with anybody that -- COMMISSIONER HENNING: Yeah. MS. BISHOP: They're public record. COMMISSIONER HENNING: It's public record, but it's just, you know, very interesting that we hear the same comment over and over. But what is your -- we heard your liabilities, your loan liabilities. So what's your -- what's the cash position of the district? MS. BISHOP: Total assets is 32 million, 629, with 7.6 million of that sitting in reserves. Page 88 September 13, 2016 COMMISSIONER HENNING: How much is your -- MS. BISHOP: Seven point six million in reserves. COMMISSIONER HENNING: Seven point six in reserves? MS. BISHOP: Yes, sir. COMMISSIONER HENNING: So you could pay the loan off tomorrow? The district, the fire commissioners can pay it off tomorrow if it's -- MS. BISHOP: We could. COMMISSIONER HENNING: Yeah. MS. BISHOP: But it's 3 percent. COMMISSIONER HENNING: Right. MS. BISHOP: Better than my home mortgage. COMMISSIONER HENNING: Yeah, okay. CHAIRMAN FIALA: We have a motion on the floor and a second. Any further comments? Questions? (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: Okay. That is a 5-0. So you are moving forward. (Applause.) COMMISSIONER TAYLOR: Let the record note that some of the applause came from Ochopee. MR. OCHS: From the union. COMMISSIONER TAYLOR: From the union. Page 89 September 13, 2016 MR. OCHS: Good reason. COMMISSIONER TAYLOR: Thank you, sir. Thank you very much. MR. OCHS: Good reason. Item #11D THE COUNTY MANAGER TO MAKE AN OFFER TO PURCHASE THE COURTHOUSE SHADOWS CONSOLIDATED HOLDING, INC. OFFICE BUILDING LOCATED AT 3375 TAMIAMI TRAIL EAST — APPROVED MR. OCHS: Yes. Item 11D is a recommendation to authorize the County Manager to make an offer to purchase the Courthouse Shadows Consolidated Holding, Inc., office building located here at the government complex at 3375 Tamiami Trail East. Ms. Toni Mott, your Real Property Management Division Director, will present. CHAIRMAN FIALA: Which one is this, Leo? Sorry. MR. OCHS: 11D. 11C got continued, ma'am. CHAIRMAN FIALA: Oh, okay. Thanks. MS. MOTT: For the record, Toni Mott, Real Property Management. We'll entertain any questions you might have. COMMISSIONER NANCE: Madam Chair? CHAIRMAN FIALA: Yes, sir. COMMISSIONER NANCE: I'll wait for Commissioner Henning. CHAIRMAN FIALA: Oh, Commissioner Henning, you're first. COMMISSIONER HENNING: What's the need of the property? What would you use it for? MR. OCHS: Commissioner, we're going through a facilities Page 90 September 13, 2016 master plan right now. I do have a couple of tenants at county departments that are in lease space right now, notably your Tourism Department and your Economic Development Department are renting office space over in Horseshoe Drive. I think they might be candidates for this building, get us out of a lease arrangement there. Those are two that come immediately to mind. Some of these -- COMMISSIONER HENNING: Tourism. And what's the other department? MR. OCHS: Economic Development. COMMISSIONER HENNING: Economic Development. Well, you have -- what's going to happen with the former Supervisor of Elections? MR. OCHS: We're moving the Procurement Department in part of-- and part of the building the Tax Collector has asked to expand. So that's what we're doing with that building. COMMISSIONER HENNING: Okay. What's going to go in the Procurement Department or -- MR. OCHS: Well, we talked to the Board at your workshop last Thursday evening about the possibility of a fitness area in there on the campus, so -- a wellness-type facility for that particular building, which is an old building and not very large. COMMISSIONER HENNING: Is that for employees or just the general public or what? MR. OCHS: No, it's for the employees. COMMISSIONER HENNING: Okay. MR. OCHS: And elected officials. CHAIRMAN FIALA: Hint, hint, hint? COMMISSIONER HENNING: Yeah. I've been working on that. Anticipation that you would use that for the tourism and potential Page 91 September 13, 2016 economic development, would you be utilizing the existing facility, the existing -- I mean, if we go ahead with the -- if the Board approves that, are you going to tear it down and build a new building, or are you going to use the existing? MR. OCHS: Oh, no, sir. No, we would use the existing building. COMMISSIONER HENNING: Well, I could support it. MR. OCHS: Thank you. CHAIRMAN FIALA: Okay. Commissioner -- I don't know which one is first; Nance? COMMISSIONER NANCE: I think so. CHAIRMAN FIALA: Okay. COMMISSIONER NANCE: You know, based on the cash flow presented in the executive summary, I'd say it's an excellent investment, if nothing else, and it certainly cleans up the government complex. It takes an out-parcel out of the government complex, you know, down in the future somewhere 100 years from now when we need a 20-story -- you know, back when Commissioner Henning's son is sitting on the Board here, you might need a bigger office. COMMISSIONER HENNING: I think he's a little smarter than that. COMMISSIONER NANCE: I can support it. CHAIRMAN FIALA: Great. Commissioner Taylor? COMMISSIONER TAYLOR: So I'll just add something to the mix here. I have a request here for a cafeteria. County Manager Ochs, I think you can anticipate who that comes from. And so I'm just putting it on the record to see that in -- as we manage that, there is a need in the courthouse for a cafeteria for jurors, and so I'm just going to leave that with you, sir. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: I never even heard of that one. Our speaker, please? Page 92 September 13, 2016 MR. MILLER: Yes, ma'am. One registered speaker. William Poteet. MR. POTEET: Good morning, Commissioners. For the record, my name is William H. Poteet, Jr., and I am the listing agent on this property. I just came to see if you had any questions. That's it. No questions, I'm going to sit down. Thank you. CHAIRMAN FIALA: Okay. So do I have a motion? COMMISSIONER HENNING: Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: And a second. No further comments from anybody. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: (No verbal response.) COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. I think it's a wise investment, really. MR. OCHS: Thank you, Commissioners. Item #1 lE CONTRACT #16-6662, "WHITE BOULEVARD OVER CYPRESS CANAL BRIDGE REPLACEMENT PROJECT", TO MANHATTAN ROAD & BRIDGE COMPANY, IN THE AMOUNT OF $3,730,719.70, PROJECT NUMBER 66066, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. APPROVAL OF THIS ITEM IS CONTINGENT ON APPROVAL OF AGENDA ITEMS #16A41 AND #16A4 — APPROVED Page 93 September 13, 2016 MR. OCHS: Next item is 11E. This is a recommendation to award and authorize the chairman to execute a contract for the White Boulevard over Cypress Canal Bridge replacement project, award to Manhattan Road and Bridge Company in the amount of$3,730,719.70. And Mr. Ahmad is available to present or to answer any questions. COMMISSIONER NANCE: Motion to approve. COMMISSIONER TAYLOR: Second. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Okay. I have a motion to approve and two seconds. Any comments? Questions? No speakers? (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 move on. Good presentation, Jay. Item #11F AWARD BID #16-6660 TO BONNESS, INC. FOR THE "AIRPORT PULLING ROAD NORTH OF VANDERBILT BEACH ROAD" PROJECT FOR OPERATIONAL AND SAFETY IMPROVEMENTS IN THE AMOUNT OF $1,902,380.62, PROJECT NUMBER 60190 — APPROVED Page 94 September 13, 2016 MR. OCHS: 11F is a recommendation to award a bid to Bonness, Incorporated, for the Airport-Pulling Road north of Vanderbilt Beach Road operational and safety improvements in the amount of $1,902,380.62. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. 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. That's also a 5-0. MR. AHMAD: Thank you very much. MR. OCHS: Thank you, Commissioners. Item #11G AWARD INVITATION TO BID #16-6652 TO BLDM USA, LLC IN THE AMOUNT OF $2,013,000 FOR THE REHABILITATION OF WASTEWATER BASIN 306 PUMP STATIONS, GROUP 1, PROJECT 70142, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT — APPROVED MR. OCHS: Item 11G is recommendation to award a bid to BLDM USA, LLC, in the amount of$2,013,000 for the Rehabilitation of Wastewater Basin 306 Pump Stations, Group 1, and Mr. Chmelik can make the presentation or respond to Board questions. Page 95 September 13, 2016 CHAIRMAN FIALA: Okay. COMMISSIONER NANCE: Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. I have a motion to approve and a second. I have no public comment and no comments from the Board of County Commissioners. 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: Great. Tom, thank you very much. Good presentation. MR. OCHS: Thank you, Commissioners. Stay right there, Tom. Item #11H AWARD INVITATION TO BID #16-6659 TO BLDM USA, LLC IN THE AMOUNT OF $1,766,172 FOR THE REHABILITATION OF WASTEWATER BASIN 306 PUMP STATIONS, GROUP 2, PROJECT 70142, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT — APPROVED MR. OCHS: 11H is a recommendation to award a bid to BLDM USA, LLC, in the amount of$1,766,172 for the Rehabilitation of Wastewater Basin 306 Pump Stations, Group 2, and same drill. COMMISSIONER NANCE: In that both of these projects were Page 96 September 13, 2016 on the red list of high priority for work, I'm going to make a motion to approve 11H as well. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay. And a second from Commissioners Taylor. 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. MR. OCHS: Thank you, Commissioners. Item #12A RESOLUTION 2016-184: APPOINTING JOE SCHMITT AS THE ENVIRONMENTAL REPRESENTATIVE WITH TERM EXPIRING ON OCTOBER 1, 2019 AND APPOINTING MARK STRAIN AS THE DISTRICT 5 REPRESENTATIVE WITH TERM EXPIRING ON OCTOBER 1, 2020 TO THE COLLIER COUNTY PLANNING COMMISSION — ADOPTED MR. OCHS: That takes us to County Attorney's report. 12A is a recommendation to appoint two members to the Collier County Planning Commission. CHAIRMAN FIALA: I'd like to make a motion to accept Joe Schmitt and Mark Strain. COMMISSIONER NANCE: Second. Page 97 September 13, 2016 CHAIRMAN FIALA: Okay. I have a motion and a second. Commissioner -- oh, you already have your button on. You don't need it on, right? Any comments? Questions? Anything? All in favor, signify by saying aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER TAYLOR: Opposed. I just -- I would like to see Judy Hushon as the nominee. Not that I'm against your appointees, but my preference was Judy Hushon. CHAIRMAN FIALA: Okay. Very good. That's 4-1. Thank you very much. Okay. MR. OCHS: Commissioners, that's -- I think you've concluded your morning's works. We'll have nothing until the afternoon. CHAIRMAN FIALA: Good. So we have an hour and five minutes for lunch. That is very good. MR. OCHS: Very good. We'll see you back here at one o'clock for public comments. CHAIRMAN FIALA: Okay. Thank you. (A luncheon recess was had.) MR. OCHS: Madam Chair, you have a live mike. Ladies and gentlemen, please take your seats. CHAIRMAN FIALA: Thank you very much. Welcome back for our afternoon session. Item #7 Page 98 September 13, 2016 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Yes, ma'am. We begin with Item 7 on your agenda, public comments on general topics not on the current or future agenda. MR. MILLER: Madam Chair, I have 10 registered speakers for public comment. CHAIRMAN FIALA: Okay. MR. MILLER: My first registered speaker, Mark -- is it Hagen, sir? MR. HAGEN: Hagen, Michael Hagen. MR. MILLER: Michael Hagen. MR. HAGEN: Can you let Rosemary go? MS. KELLY: No. MR. HAGEN: I'll go at the end; is that okay? I'm not prepared right now. MR. MILLER: All right, sir. Dr. Joseph Doyle. He will be followed by Dr. Kay Haering. CHAIRMAN FIALA: Why did Michael say no? MR. MILLER: He wasn't prepared. He wanted to wait. CHAIRMAN FIALA: Okay. MR. MILLER: Is that okay with you, Madam Chair? CHAIRMAN FIALA: Sure. MR. MILLER: Dr. Doyle. DR. DOYLE: Good afternoon, Commissioners. Dr. Joseph Doyle here in Naples. As you know, I'm a physician, board certified in public health and general preventative medicine and also have an MBA in marketing and human resources and a couple other graduate degrees. I come here before you today regarding Zika fever and to request that you have an interagency or interdepartmental briefing at the Page 99 September 13, 2016 September 27th BCC meeting. As you know, Zika fever is a disease caused by the Zika virus that is primarily spread through mosquito bites but also could be sexually transmitted. At about the time you went on recess in mid-July, we had Zika hysteria in the media. The first cases, as you know, in the spring were travel related, but now in Miami we have domestically transmitted cases. The local media reported that we lost a film opportunity here in Naples over the summer because the crew was worried about shooting here because of Zika in Florida even though we really didn't have much of it here. As you know, Governor Rick Scott has made Zika control and eradication a top priority since Zika could devastate Florida's tourism and also stifle economic development and diversification if it gains foothold in our environment. We should be worried about that here, I believe, also in Collier County. There is a CBC article from Canada on the Internet yesterday, actually, and the headline is, Zika virus in Florida: No one can give you a straight answer, says pregnant Canadian. And it's a 35-year-old woman who's husband -- she and her husband moved from Toronto to Miami two years ago to start a business. So we're trying to get business to come down here. She's now pregnant. They moved out of Miami to Ft. Lauderdale because she doesn't want to get a mosquito bite, get Zika, and have a birth defect. As you know, the birth defect is microcephaly in children. But the article goes on to say that there's really not much information being given to the public or to the doctors, et cetera. And so, you know, we -- look at the scenario here. Tourists, instead of coming to Collier County or to Florida might want to go to Arizona next year. You know, we're coming -- as you know, the Page 100 September 13, 2016 season's coming upon us, and the first people are starting to come down already. Businesses might want to -- not want to relocate here if employees and young families who are still having children fear Zika. The potential negative impact on our economy, be it sales tax revenue from tourisms, property values, et cetera, could, you know, be a very big problem here. So I believe he need a briefing. I'd like to see -- and, of course, Leo could probably better address this, but, you know, the Emergency Management director, the director of the Collier Health Department, Collier Mosquito Control -- you know, we need to know, like, how many cases do we have, what education and prevention can be done from the health department. As far as Mosquito Control goes, what chemicals are being used, what the spraying schedule is, so that we don't get sick from the spraying, et cetera. And then the Tourist Development Council, what are they doing to market to Canadians and to people in the northern U.S. and Europe so they continue to come here to recreate? So, anyway, I'd like to see if you could have -- either that or some type of a workshop so we can get ahead of this for our area. CHAIRMAN FIALA: That's a good idea. We've got some marvelous libraries with good spaces, like South Regional Library, for instance, where they can hold a few hundred people at a time, and maybe we should take it to different parts, like, you know, a show on the road, to -- you know, to inform people, and people can come out closer to their homes. But I think that's a great idea. Leo, can you check into that and work with the Health Department on that? MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: I mean, if everybody else agrees. I shouldn't -- I shouldn't just give you orders without asking. Page 101 September 13, 2016 COMMISSIONER TAYLOR: Just so you know, the governor was here last month, I think, four weeks ago, maybe less. MR. OCHS: Yeah, less than that, ma'am. COMMISSIONER TAYLOR: Less than that, and he brought -- it was a Lee County/Collier County summit. And at that summit, he said there are six cases that are travel related. You know, it changes from day to day, but the coordination -- Mosquito Control is doing an outstanding job, and I think as we go forward that group needs to take the show on the road, so to speak, or put it on the, you know, television, whatever, so that you have comfort that it's not that there's no information out there. It's that they don't have information. They have the information, just, you know, wear mosquito spray and please, federal government, give us money to fight this virus. But at this point the lack of cooperation in Washington is extraordinary. DR. DOYLE: Yeah, but I also think that we have -- we don't have good communication here to the public about what's going on, what you need to prevent it. I remember when I was doing my internship in Orlando in 1989, we had eastern encephal -- eastern encephalitis, okay, and the kids could not play -- we made them have all their football games, for instance, in the afternoon because we didn't want them getting bit having evening games. Now, that's because the virus was around. We don't necessarily have Zika endemic here like they do in Miami. COMMISSIONER TAYLOR: Right. DR. DOYLE: So we don't have to worry about that yet. But there are those types of considerations. But I think the bigger consideration is, because this media has been scaring everybody, and especially since they've been asking for money from the federal government and everything -- but the people up north don't see the whole story, so they might not -- I think the TDC might want to do Page 102 September 13, 2016 some marketing in that regard to say that -- you know, we don't know what they're hearing up north. COMMISSIONER TAYLOR: Okay. Thank you. Thank you for that. DR. DOYLE: Thank you. COMMISSIONER TAYLOR: And also, as soon-to-be Senator Passidomo said as she went around from door to door in her campaign, people would ask her, what can we do? Well, the most important thing you can do is get rid of the standing water. Every three days -- I mean, we know it rains every day. Every three days dump that water. DR. DOYLE: Including your bromeliads. COMMISSIONER TAYLOR: Oh, yeah, pulling out the bromeliads, yes. CHAIRMAN FIALA: And I think many clubs and organizations around town, Rotary clubs, Kiwanis clubs, you know, just even -- even like the Board of Realtors, you know, they have meetings once a month, maybe they could have somebody just focusing on it a little bit. COMMISSIONER TAYLOR: Yep. CHAIRMAN FIALA: Thank you so much. Good suggestion. DR. DOYLE: Thank you. CHAIRMAN FIALA: Oh, Commissioner Nance, I'm sorry. COMMISSIONER NANCE: Dr. Doyle, thanks a lot. You know, I will certainly appreciate -- somebody at some point -- you know, Florida has been victimized by mosquito-borne disease since it belonged to the Spanish, you know. Dr. Gorrie, that came up with artificial air conditioning, did it in response to yellow fever epidemics, you know. Throughout the Caribbean, we've got chikungunya, we've got dengue, you know, we've got a host of different mosquito-borne illnesses, and I think they're the number-one cause of death across the world, including malaria, so... But what we need is we need some good information on what Page 103 September 13, 2016 technology is most effective, what the etiology of the disease is, what realistic risk we really have so that people can start calming down a little bit. I think it's gotten kind of into being a political football, and that's really dangerous when you're talking about people's anxieties, so COMMISSIONER TAYLOR: That's a great idea. COMMISSIONER NANCE: -- whatever we can do to damp that down and get on with technology. We've got great resources here in Southwest Florida. You know, thankfully this is not our first roundup with the mosquitoes. We can probably -- I think we can account ourselves well if we know what to do and what the experience is worldwide in areas where this disease has been -- DR. DOYLE: Well -- and that's my whole point is, like, we know all that, but the media is making it Zika hysteria and can scare away potential tourists -- COMMISSIONER NANCE: It's not good. DR. DOYLE: -- and potential businesses. CHAIRMAN FIALA: That's what they do best. DR. DOYLE: Oh, I know. Thank you. COMMISSIONER NANCE: Thank you. CHAIRMAN FIALA: That wasn't very nice. I'm sorry. MR. MILLER: Madam Chair, your next speaker is Kay Haering. She'll be followed by Jeanne Jane. MS. HAERING: Hello. My name is Kay Haering, and I am a registered Native American. I'm here to ask for your mercy upon our bears. It is power that you hold in your hands. And we are encroaching fast into what was bear territory. We are taking plenty, and we've reduced their original territory down to a mere 18 percent of its original size, but we are doing little in helping the animals readjust that have been displaced. Page 104 September 13, 2016 Our developmental activity has dramatically increased the extinction pressure on this Florida treasure. The FWC has offered assistance, and there are solutions. The bears are drawn into neighborhoods by food attractants, and this is a human-created conflict. I'm asking the Council today to consider enacting bear-friendly ordinances that encourages the bears to remain in their natural habitats for their own safety and health. And I thank you for the trial basis of the bear-resistant trash cans in Golden Gate. It is a start. We still need permit ordinances in place and, simply put, bears can't read, so when the citizens call FWC to remove the bear, it's a misconception that the bear will be relocated. More often than not, the bear will be killed. And this is a fact noted on the FWC site. They don't know the human rules. They don't know getting into the trash will label them as a nuisance bear. And their penalty is severe; it's death. Some bears are moved, but for many more it's death, and it's sometimes on the very first strike. In June 2016 about 100 citizens went before the FWC with resolutions signed by seven counties and 15 cities stating that they did not want bear hunts to take place in their county and city, and it saved the lives of 300 bears, or about that, in 2016. We're asking Collier to adopt both a bear trash can ordinance and a resolution to FWC asking no bear hunts in Collier County. And I've emailed you each a sample resolution, and I have copies with me. There's an old Indian proverb I'd like to share. It says, treat the earth well. It was not given to you by your parents. It was loaned to you by your children. We do not inherit the earth from our ancestors. We borrow it from our children. And I thank you for your help, and I do believe what's saved today is what our children will have. I thank you. Page 105 September 13, 2016 CHAIRMAN FIALA: Thank you. COMMISSIONER TAYLOR: Thank you. MR. MILLER: Your next speaker is Jean Jane. She'll be followed by Amber Crooks. MS. JANE: Good afternoon. Thank you for the opportunity to speak. Bear-wise communities protect both people and bears. We do not represent any specific organization. We are just a group of like-minded individuals residing in Lee and Collier Counties that feel obligated to do something about the 400 percent increase in bear calls to the FWC in the past 10 years. The increase in human-bear encounters is not only due to habitat laws and unsecured trash, but also because people are leaving attractants such as bear feeders, pet food, and fallen fruit accessible to bears. The most effective way to reduce encounters with bears is to eliminate attractants. Bear-wise ordinances are needed that require residents to secure attractants to keep the bears out of the neighborhoods. As I'm sure you know, Collier County is one of the 15 counties with the highest number of bear conflicts accounting for 8 percent of the calls. Our online petition for affordable bear resistant trash cans for the counties with human-bear conflicts has over 2,200 signatures. We also have approximately 260 physical signatures on our active petitions for Lee and Collier Counties. That may not sound like much; however, less than 2 percent of residents who were asked to sign did not want to sign. You may be interested to know that in FWC surveys 86 percent of people support a local law requiring attractants to be secured from wildlife, 80 percent support issuing fines for people who do not remove attractants after being warned, 75 percent are willing to Page 106 September 13, 2016 remove pet food at night, and 71 percent are willing to remove bird or wildlife feeders at night and store them in a secure location. We look forward to hearing positive feedback regarding bear-resistant trash cans after the Collier County pilot program finishes at the end of November. We are sure it will be successful and hope Collier County will soon be supplying residents in areas frequented by bears with affordable bear-resistant trash cans. The FWC has grant funds available this year and also in next year's budget to help with the cost of the cans. In addition, being bear-resistant cans costs more than regular cans. As an added incentive to pass bear-wise ordinances, the Nature Conservancy just recently announced the "keep bears in the woods" fund. This is a program whereby they will be collecting donations that will be completely passed through to support the purchase of bear-resistant trash cans for communities that are implementing bear-wise ordinances. We commend you, the Collier County Commissioners, and your staff for taking the lead in protecting humans and bears in Southwest Florida. Hopefully other communities nearby will be encouraged to follow your example and become bear-wise. Thank you. CHAIRMAN FIALA: Leo, whatever happened to our map here that showed all of the land that we have in preservation? It's gone, but... MR. OCHS: I think it was temporarily -- CHAIRMAN FIALA: Temporarily down? MR. OCHS: Yes. CHAIRMAN FIALA: I would love to show people how much land we have in preservation. COMMISSIONER NANCE: You want to see it? CHAIRMAN FIALA: Yeah. You can just bring it up and show it, because we have that land preservation that nobody can build on, and it's between -- 78 percent of Collier County. We have 2,025 Page 107 September 13, 2016 square miles in Collier County, and of that at least 78 percent, if not 81, because by the time they take the rest of the developments that are being proposed, but they take -- you know, you have to keep so much in preservation. Once that's in preservation, it will add up to 81 percent, so there's the difference. But you don't see that because you're not out there, you know. But the bears are, and they love breeding out there, so anyway. Go ahead. Amber. MR. MILLER: Amber Crooks is your next speaker. She'll be followed by MaryEllen Cash. MS. CROOKS: Yes, hi. I'm Amber Crooks on behalf of the Conservancy of Southwest Florida and our over 6,000 support members. We do applaud the county for having that magnitude of preserve currently existing but do note that you do have a significant bear conflict issue, as Collier County is fourth in the state for the number of bear activity reports that have been made to the Florida Fish and Wildlife Conversation Commission. Hundreds of calls a year come from Collier County alone mainly in regards to bears being spotted in the neighborhood or bears eating out of the trash. Bears that become too accustomed to readily available trash, pet food, bird seed, and other similar attractants, may be trapped and killed by the agency, considered a nuisance or safety risk; however, conflict between humans and bears can be minimized through better management of trash attractants. In an effort to support local communities with this issue, FWC has now made over $800,000 available to local communities. Municipal governments, as well as communities with homeowner associations, are welcome to apply. About 300,000 of these dollars are available and prioritized to Page 108 September 13, 2016 governments or HOAs that have a garbage ordinance or bylaws in place that require bear-wise practices such as not placing trash out until a few hours before pickup. We wanted to come before you today to express our support of the pilot study that is currently being conducted in Golden Gate, which is testing bear-resistant trash cans. We also wanted to let you know of the available grant funds, as spoken by the prior speakers, through FWC. The application is due October 14th, and although there may be funds in the future, this degree of funds may not be available again. So we are encouraging the county to look at application. We appreciate that the Collier staff has been very active and very valuable stakeholders in the South Bear Stakeholders Group, which is hosted by FWC, and includes stakeholders representing all interests, including the Conservancy. We understand that from speaking with your Collier staff that while the county would not likely apply for grant funds for trash cans, we are continuing to discuss the potential use of grant funds for other smaller but important projects, like retrofitting commercial dumpsters, providing bear-resistant trash receptacles in the county's parks that have to be in bear areas, or in providing bear-proof sheds, also known as caddies, that have been provided to the Farm Workers Village but only in limited quantities. So those would be good projects to look at further for these available grant funds. The Conservancy offers our continued assistance to you and the county staff on these efforts and, further, we wanted to let you know that FWC has offered to provide you a presentation about this issue at one of your upcoming BCC meetings if you so desire. Thank you. MR. MILLER: Your next speaker is MaryEllen Cash. She'll be followed by Rosemary Kelly. MS. CASH: Good afternoon. MaryEllen Cash. I am a resident of Naples for 23 years. Page 109 September 13, 2016 I just want to speak to the issue of the new proposed tax increase. It's my understanding that you're considering $148 million tax increase for the medians, and I specifically wanted to talk to you about, instead of doing that, can we get the bus stops built for the residents of Collier County? There are so many people that I see every day getting wet and actually in harm's way. There are so many issues that we need to take care of before we take care of the medians. I guess that's my point. Benches with the covered area -- I'm sure Commissioner Nance, because he drives the same way I drive, has seen the people, especially on 951, who -- there's 10, 11 of them sitting there on the rail that's right by the canal. And all it would take is somebody looking at their cell phone and, you know, deviating from where they're driving, and those people would be hurt. There's just so many things that we have. I saw a senior this week who was also on 951 getting soaked in the middle of a rainstorm. It is something that I'm very passionate about, not just with the commission for our citizens but also with the school system, because our children are sitting on the road waiting for buses in the morning at 6 o'clock when the bus driver can't even see them. So, again, I just wanted to bring that to your attention, and I know that you-all have your heart in the right place and that you will consider doing that before you raise tax for the landscaping. CHAIRMAN FIALA: I agree with you about these bus stops because I've been begging for more myself here, more shelters, bus stop shelters, especially by the schools. I've been asking for one for three years, four years now by Manatee, because of the kids from the Habitat villages right there, you know, they just walk or take a bus or whatever. Same with their parents. Same with some of the teachers who take a bus in. I can't get -- I can't seem to get a shelter over there, but I keep Page 110 September 13, 2016 trying. So maybe we can find some more grant money or something and get more in. MS. CASH: As the secretary of the Multicultural Community Advisory Alliance, I would love to work with you-all on that. We -- this is one of our top priorities, because it is really affecting our neediest citizens, most of them minority and seniors. CHAIRMAN FIALA: Great. Thank you so much. MS. CASH: Thank you. COMMISSIONER NANCE: MaryEllen, I will tell you that Collier Transit has identified the need for bus stops for Collier Area Transit, and I think they have a big inventory, and they actually know what the number is that they need to construct them. And it's titanic; it's like $20 million or something. MS. CASH: We don't need anything fancy, just something basic, because I heard what they were considering. COMMISSIONER NANCE: I know, but government speak, you can't get there. You can't get "not fancy" into government language. There's no word for that. MS. CASH: What we read was that the ones they were considering were $40,000 apiece, and that's -- COMMISSIONER NANCE: Well, I don't think it's quite that high, but it's like 20-. And if you looked at them, you'd wonder how anybody could possibly spend $20,000 on the structure that's being illustrated. But I think if you will inquire you'll see kind of what the priority list is. And I agree with you, I really wish that the school districts would be more aggressive about providing a little bit of funding for shelters for the children that they have, after all, picked up at some of these bus stops for my whole life in this county, so -- and they seem to be a little bit resistant to that. So hopefully in Golden Gate Estates, particularly in some of the areas where students have a long walk to the bus stop, after we get the Page 111 II September 13, 2016 roads improved out there and we're consistent with our public right-of-way, maybe we can actually reach out to the district and see if we can't get together and do something a little better. We seem to be able to put some bike racks out there, but we don't seem to be able to get the shelter to get the kids out of the rain. And so we have, you know, massive numbers of parents in cars stacked up at the intersections, which is also not a safe -- a safe thing, but they're trying to keep their kids out of the rain. I agree; I see them every morning like you do. MS. CASH: Okay. Thank you. COMMISSIONER NANCE: Thank you. MR. MILLER: Madam Chair, your next speaker is Rosemary Kelly. She'll be followed by Bill Wingate. MS. KELLY: I'm an endangered Floridian. I, too, am part Native American, an extinct tribe, the Massachuset tribe. I'm a direct descendant of the last signer of the Declaration of Independence, the only one of the Founding Fathers who was on all committees to write the Constitution, the Declaration, and the beginning laws of this country. This is my state. I'm homeless. I'm 75 percent legally, officially disabled, and my life for the better part of my nearly 11 years in this county has been, to put it mildly, hellish. I'm treated like a second- or maybe a third-class citizen. My main grievance right here, rather my main concern speaking as somebody -- oh, by the way, I'm a former LPN, the daughter of a first-grade lieutenant detective from New York City and an RN, both of whom were in the Navy in wars. I've been terrorized and threatened with the rest by numerous Collier County sheriffs deputies for attempting to sleep, nothing more, in this very same government center by myself; that was it, sleep. No littering, no drug activity, no noisy fights, no acts of vandalism, no Page 112 September 13, 2016 burglary. And they have threatened me with arrest, which I know, because of Vann Ellison's article in the local newspaper several years ago, is a violation of the Pottinger Act, a landmark lawsuit brought about on behalf of the ACLU in Miami on behalf of three homeless men who were arrested for sleeping on government property. I used to have a copy of the Pottinger Act whom a retired librarian friend of mine had copied off the web free of charge to help me. And the law states: Anytime the local shelter is full, homeless people can sleep on any government-owned property -- it doesn't matter if it's local, state government, or federal -- in the Southern District of Florida, which covers Collier County. Myself and two librarians researched it years ago, but this is not what really happens. And I have other problems because I'm disabled. Most of my LPN profession was spent in nursing homes. I know what's ahead of me, and I've got to get out of the elements because I have skin cancer. I thank God I haven't developed malignant melanoma yet. By the way, malignant melanoma is a medical term. It's one of the most lethal forms of cancer, and I'm subject to it, and I'm out there with the mosquitoes. And, you know, I know you guys get a lot of money from the northerners, but they're very blas® about standing water. I'm a Floridian from way back. A mosquito can breed within 24 hours in a teaspoon of water. I'm trying to educate my church on that. And I'd like to know why is there no homeless -- why is there no shelter for the disabled people here? One of the first things I learned from the people at the Goodwill Thrift Store is Collier County won't allow them to put up subsidized housing for people like me who worked hard with -- in potentially life-threatening situations with diseases and psychotics and critters (sic) to live in. Why am I a lower life form than the Florida black bear or the northerners? I don't get it. This is my state. I paid plenty of Page 113 September 13, 2016 taxes. MR. MILLER: Madam Chair, the three minutes has expired. The timer, unfortunately, reset with whatever that power was, so -- MS. KELLY: That's okay. I know I tend to be verbose. I'm aware of my deficiencies. MR. MILLER: Your next speaker is Bill Wingate. He'll be followed by Skip Riffle. MR. WINGATE: Commissioners, my name's Bill Wingate. I reside on Cope Lane off County Barn Road. I want to talk to you today about the LASIP program, the stormwater project that has been taking place in Lely. Cope Lane is at the north end of that project and, basically, we're the last ones in line to have any improvements done on that project. In June I brought to the attention of county employees that they were putting a culvert pipe from the north side of Cope Lane to my side of the ditch on Cope Lane. The north side of Cope Lane is bordered by Falling Waters PUD. Well, there's never any water in the north side of the ditch from Cope Lane. All of the water flows to my side, the south side, then the water flows west to County Barn Road. Last year the county put in a weir just south of Cope Lane with a flood elevation of that water at eight foot. And they dammed up my ditch on the west end of Cope Lane, the only access for the water to get off Cope Lane; they dammed it up and they raised the grade up, probably more than a foot than it should be. So when no water drains out of my ditch and stops draining into that culvert pipe, which is supposed to go into the new canal they created by that weir, my property's over 20 inches deep. The water in my ditch in my front yard, since June, has been over 20 inches deep with a top surface of about five to six foot. It's been breaching in my front yard for two months now. Page 114 September 13, 2016 I've sent Commissioner Fiala a bunch of photographs. I'm sure she'd be happy to share them with all of you. I know Tom Henning is the commissioner that represents Cope Lane; Ms. Fiala is the south side of Cope Lane. Besides that, the -- I brought this to the attention in June when this began. And the reason why I'm here today is because I didn't get any resolve from the employees at Collier County, so I'm going above their head. That's why I'm here. I need something done. I need our ditch dug out on the west end. I need our ditch dug out on the east end where it was blocked up by the Santa Barbara road put in, and it needs to be done now. There's work that needs to be done out there, and I don't really need to be told you don't have any assets to get an excavator out there and open up a ditch. It's about a day's worth of work. It's blocked up. There's a lake behind Unity Church that Collier County sold to them two years ago for $11,000. It's about an 8-acre lake. Guess where that flows? Into the north side of my ditch, back upstream 300 feet under a through pipe to the south side of my ditch where my street is, which is breached into my yard. Okay. It can't go west because they've got a canal out west, and they've got a wier stopping up all the ground flow of water in our neighborhood. We're on the top of that flood water, and they created a dam. So what we need -- I'm -- I think there's three of us here. There was -- there's a bunch more neighbors that were supposed to come -- they're old, ill, whatnot, working -- that I would like to represent. I wanted to speak on their behalf. I could sit here for two hours and tell you guys what has transpired and what we're going through, but what we really need is that ditch opened up. We need that weir dropped to let that water flow so I don't have -- I've got a lily pad pond in my front yard, and it's been there since June. Page 115 September 13, 2016 Ms. Fiala can send you all the pictures, the photographs. You want to talk about Zika, mosquitoes; the lake behind Unity Church drains into our ditch. I've got bass, brim. Last year when this transpired, when they first dammed it up, they were waiting three months for Comcast to remove overhead lines. I kept complaining; why don't you open our ditch up? I'm under water. Open it up. I kept being told, we're waiting on Comcast to get their wires out here so we can open a ditch up. Didn't think nothing of it. Three months later, I'm still under water. Well, I've got water coming from Unity Lake, an 8-acre lake coming onto my side of the property. It's got nowhere to go. I'm under water, and I need you guys to tell the people at stormwater to open up our ditches so we have flow. CHAIRMAN FIALA: Are we working on that? MR. WINGATE: And if I have more time, I could speak for another hour if I'm permitted. CHAIRMAN FIALA: No, that's good. I think the three minutes are up, Bill, but I just -- I just asked Nick if we're working on that right now. MR. CASALANGUIDA: Yes, ma'am. I spoke to David about that yesterday, and he's going to have the record engineer, and Dave is going to take a trip up there with the stormwater team. CHAIRMAN FIALA: Yeah. And you work with these people. I mean, it's not something that we can wait around for. MR. CASALANGUIDA: No, ma'am. We won't take that lightly. We will meet with them out in the field and go through it. MR. WINGATE: Last year when they finished the completion of that dam and open up -- you know, got the overhead lines out or whatever, after about three months the water finally evaporated out of my ditch. It was a biologic mess; 10 million tadpoles, dead fish, everything you could imagine. Page 116 September 13, 2016 My -- we take great care of our properties. My ditch it mowed. I've got nice grass in my yard. It's not a wooded mess out there. I've got a lot -- I've lost five clusia hedges this tall from water breaching into them. Those are expensive plants, okay. So last year I had a biologic mess, just a muddy mess. My front yard is just a -- it's insane. CHAIRMAN FIALA: We have to let the next speaker speak. MR. MILLER: Actually, Commissioner, Mr. Riffle wanted to go ahead and cede his time to this speaker. CHAIRMAN FIALA: Oh, okay. MR. WINGATE: Fantastic. Okay. So last year, after the rain stopped in and my yard dried up, like I said, it was a biological mess, just the muck and the ditch, the smell, the stench; it was insane. So fast forward a year later, we're bringing even more water on from the north side of the road with the new through pipe they put over. Fifty to 70 feet east of that through pipe they just went from one side of my road to the other, there's a through pipe that goes to the lake in Falling Waters, one of their lakes in Falling Waters. When that water gets so high, before it floods their properties, it's going to go through that pipe, shoot straight across to my ditch a hundred feet east of my property, which flows right through my front yard, which is going to submerge my house. This is their planning. Not one of the neighbors on Cope Lane was ever spoken to about any of this information. Not one of our neighbors was ever approached and said, what is your floodplain elevation of your property. We're going to dam your -- we're going to -- half a mile -- 2,200 foot up the road we're going to put in a dam with an 8-foot elevation. What's your elevation here, Mr. Wingate? Well, it's eight foot. If my elevation's eight foot and 2,200 foot south of me is a dam at eight foot, where's my groundwater going to go? It's not going to go Page 117 September 13, 2016 anywhere. If we get a storm and those lakes in Falling Waters and their sidewalks run over into their lakes, that storm drain is going to overflow, and it's going to come right into my ditch, and it's going to swamp my property even worse than it is now. I've got standing water behind my property six inches deep. Pictures this morning in my lily pad lake I have in my front yard is 24 inches deep, I think. I sent Ms. Fiala photographs of it. Water's just barely trickling out of the -- into the drain at the end of my ditch. I sent photographs two, three weeks ago. There was three days no rain. There was zero water draining into the drain they created; there was 15 foot of dry land, 12 inches of water in the ditch. That's 2,200 foot away at 12 inches. By the time it gets to me, that's 22 inches standing water in my ditch since June. So what we need is you guys to open up or tell them to open up the ditch. I know there's wetlands on the east side of my property. That's beside the point. They put the road through, Santa Barbara; they built up a berm just like they did on County Barn Road. They put in a ditch and they put a berm. You guys approved a project down at the end of Cope Lane, a little PUD that's supposed to go in. If that ever goes in, you can write our homes goodbye. We'll be swamped, because they're going to have to put in their properties about seven foot above sea level -- which we're two foot where I'm at. They're going to have to put in so much fill there, and then we're just going to -- that's right next to Mr. Davis' house. He'll be under water. There's just -- the planning needs to be really well thought out. The neighbors need to be spoken to. When someone puts in storm projects like this and puts PUDs in next to communities, these guys need to come to the homeowners and say, hey, we're planning on doing this; what do you think? We live there. We know what the water does. They don't. They Page 118 September 13, 2016 can look at maps and planning and elevations and aerials, but they don't know which way the water goes and how fast it drains one way or the other. CHAIRMAN FIALA: Mr. Wingate, I think that they're going to be contacting you anyway, right? MR. CASALANGUIDA: I think David's going to follow them out, and they're going to schedule some time to go through the plan. CHAIRMAN FIALA: Right now? MR. CASALANGUIDA: Yes, ma'am. MR. WINGATE: Yeah. We have spoken. We're going to meet. CHAIRMAN FIALA: He'll meet you right out in the hallway there, Dave Wilkison. MR. WINGATE: Correct. CHAIRMAN FIALA: He's the guy back there. He's in charge of that department, so -- MR. WINGATE: Does anyone have any questions for me? I'd be happy to answer. COMMISSIONER TAYLOR: I think you've made your point very clear. And I know from my experience in my neighborhood in Lake Park how frightening it is when you have water coming towards your step and coming in your door. I mean, I've sandbagged neighbors' houses before we changed the water. So I have great appreciation for your concerns, and I'm sure the county will address it today. CHAIRMAN FIALA: And I'll have Mike send -- my assistant send all of you over pictures that he has been sending me daily. It's amazing to see how deep this water is. COMMISSIONER TAYLOR: Twenty-four inches. CHAIRMAN FIALA: And the things that grow in deep water are there. And you can go fish in there. So, anyway, I'll have him send that over to each one of you. Page 119 September 13, 2016 MR. WINGATE: Thank you so much. CHAIRMAN FIALA: Thank you. MR. MILLER: Madam Chair, your next speaker is Donnie Davis. He'll be followed by Michael Hagen. MR. DAVIS: Yes, how you doing? CHAIRMAN FIALA: Fine. MR. DAVIS: Mr. Wingate's pretty well said it all, and I'd like to say a few things. I have the same problem he's got. I got 20-some inches of water in my yard that's been there; don't go nowhere. Trickles down there at the end. Have a piece of property, you-all do, a county lake right in front of my house. To the east of it is another five-acre tract. And that man has a culvert going halfway under his driveway, and the other culvert underground has been blocked off. So the water coming from Falling Waters, which travels into our road to our side, floods us, keeps him nice and dry for some reason, could eventually go into that lake down there, but that owner there has that all covered up, and it's not open, which could be looked at today while we're all there. And somebody said the county had no jurisdiction over our road, this and that, they didn't -- it was a private road. Here's a Quit Claim Deed that 30 feet of that variance was done to the county in 1984, May 31st. CHAIRMAN FIALA: Even if it's a private road, I mean, we put the ditches in there, we put these culverts in there; we did this. It is our responsibility. You're our resident. You pay taxes. Don't listen to somebody who says "just because it's a private road." We're not working on the road. We're working on the flooding problems. Thank you. MR. DAVIS: That's fme. All right. Thank you. MR. MILLER: Madam Chair, your last speaker for public comment is Michael Hagen. Page 120 September 13, 2016 MR. HAGEN: Those guys are fantastic. The second to last speaker is very good in math. You know, eight feet -- I don't understand why people are rebuilding underwater and where Katrina hit too, New Orleans, but that's awesome -- awesomely difficult situation, water management. It's not -- it's certainly not life-threatening right now, but homelessness is. And Rosemary's said -- I didn't know -- I know a lot about it. I know more about the -- more about, I have to say, this county than anybody in this room does from being on the street, from being homeless, from having eight, nine, 10 documented mental illnesses, whatever they are, through David Lawrence and from being in the psych wards, from going to the hospital, because that's the only safe place for me to sleep right now because I'm under threat, all right. That threat is death. You know, the people -- what is not published, you know, maybe it should be published. When a man I know and Rosemary knows, and plenty people know, is shot between the eyes. And I said this last time. And you've been warned. I'm not being rough here. What's going on here, half a mile from here, is absurd. It's egregious, okay. It's not in your neighborhood that much, Ms. Taylor, but I've lived there. You know, a lot things go on there. That's fine. It's a beautiful neighborhood. All -- this is paradise, or it was, you know. And you're so close to losing it. I've been through this before in Palm Beach County. And when the FBI told me I'm interfering with their investigations, I think I said, good. I know I thought it. If I didn't say it, I should have, because that's what's next. And let's -- that's next. I'm not -- I'm not an attorney. I'm not a police officer. Last time I was in jail wrongfully for 11 days as an innocent man. I'm accused of being a DEA agent by the people in there who are drug smugglers. But now they know who I am. I'm just Page 121 it September 13, 2016 one -- I'm just one of them. But I'm not a violent felon, you know. And I have a DUI arrest walking my bicycle on Bayshore Drive, Road, Kelly Road. And she knows what I'm talking about. The sergeant over there is a very nice woman. She's a duty desk -- a duty sergeant, I guess. Is that your term? And she gave me a dollar one time, because I needed it, to get my mug shot, because my bicycles -- my whole -- everything I owned was stolen from me when I went into Bayshore McDonald's for three minutes to go to the men's room. I lost my backpack, I lost my original birth certificate, I lost my social security card, I lost my -- my driver's license was valid at the time, and I lost my bicycle. Not a problem. You know, I can replace all that, but it's not easy, especially when I don't even have a bus pass monthly, free. And I need 30 more seconds, Ms. Chairperson. May I have 30 more seconds? CHAIRMAN FIALA: Just finish. You've got it. You have to start talking. MR. HAGEN: I didn't know. I heard the beep. So then -- you know, because the hardest thing to do is to coordinate -- and Mayor Joel Daves in West Palm Beach said, Michael, what we need in West Palm Beach is a clearinghouse. Man, he was right because if somebody shows up here -- and I'll bring -- I'll bring everybody here, okay, under the premises this is the best place to be homeless in Collier County; 95 percent of homeless people are not mentally ill. I'll bring them here. MR. MILLER: That's your final public speaker. CHAIRMAN FIALA: Thank you very much. Item #9A Page 122 September 13, 2016 ORDINANCE 2016-25: AMENDING ORDINANCE NO. 2002-71, THE PELICAN MARSH PLANNED UNIT DEVELOPMENT, AND AMENDING ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 43.2± ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE PELICAN MARSH PUD; BY AMENDING THE PLANNED UNIT DEVELOPMENT DOCUMENT AND THE MASTER PLAN TO ADD R1 DISTRICT PARCELS FOR 66 SINGLE-FAMILY DWELLING UNITS; BY CORRECTING A SCRIVENER'S ERROR IN THE PUD MASTER DEVELOPMENT PLAN TO ORDINANCE NO. 2002-71 WHICH OMITTED 141.6 ACRES EAST OF LIVINGSTON ROAD; BY ADDING AN ACCESS POINT TO LIVINGSTON ROAD; BY PROVIDING DEVELOPMENT STANDARDS FOR THE R1 DISTRICT; BY INCREASING THE RESERVE AND RIGHT-OF- WAY; AND BY PROVIDING AN EFFECTIVE DATE. THE PROPERTY TO BE ADDED TO THE PUD IS LOCATED IN THE NORTHEAST QUADRANT OF LIVINGSTON ROAD AND VANDERBILT BEACH ROAD IN SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 2,256.8± ACRES FOR THE ENTIRE PELICAN MARSH PUD [PUDR-PL20140002211] — ADOPTED Item #9B RESOLUTION 2016-185/DEVELOPMENT ORDER 2016-01: AMENDING RESOLUTION NUMBER 95-71 (DEVELOPMENT ORDER NO. 95-01), AS AMENDED, FOR THE PELICAN MARSH DEVELOPMENT OF REGIONAL IMPACT ("DRI") Page 123 September 13, 2016 LOCATED IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA BY PROVIDING FOR: SECTION ONE, AMENDMENTS TO DEVELOPMENT ORDER BY ADDING 43.2 ACRES TO THE DRI; BY REVISING EXHIBIT "D" AND MAP "H3" CONTAINED IN THE DRI DEVELOPMENT ORDER TO ADD 43.2 ACRES TO THE DRI AND AN ACCESS POINT ON LIVINGSTON ROAD; AND BY REDUCING THE RESERVE BY 2 ACRES; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; AND SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDERS, TRANSMITTAL TO DEPARTMENT OF ECONOMIC OPPORTUNITY AND EFFECTIVE DATE. (PETITION DOA-PL20140002309, COMPANION TO PETITION PUDR- PL20140002211) — ADOPTED MR. CASALANGUIDA: Okay, Madam Chair. That takes you to your advertised public hearing. You have Item 9A, which is amending Ordinance No. 2002-71, the Pelican Marsh Planned Unit Development adding 66 units, and it's a companion item to 9B, amending the DRI as well, too, and this item requires ex parte disclosure. CHAIRMAN FIALA: Would you like to swear in everyone who is planning on speaking, please. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Commissioners, any declarations, ex parte? Let's start with you. COMMISSIONER TAYLOR: Yes. I had meetings. I've read a lot of correspondence and had emails and calls. I'm very specific about meetings, and I have a list here. Page 124 September 13, 2016 Do I need to put it on the record, County Attorney, or is it okay to be general about it? I mean, I've got dates and -- MR. KLATZKOW: You got the file, so you're fine. COMMISSIONER TAYLOR: I have a file, yes. CHAIRMAN FIALA: Okay. Thank you. Commissioner Nance? COMMISSIONER NANCE: Yes. On Item 9A, I've read the staff report, the Pelican Marsh PUD. I've had phone calls with Mr. Yovanovich. I've had letters on behalf of the foundation in Pelican Marsh, a plethora of emails and meetings with staff, and my files are also complete and available. CHAIRMAN FIALA: Thank you very much. And I have had -- I've read the staff report, I've had meetings, I've met with Barry Ernst and Rich Yovanovich, I had discussions with the Hearing Examiner, and I've also spoken to staff. COMMISSIONER HILLER: I've read the staff report. COMMISSIONER HENNING: Received emails. CHAIRMAN FIALA: Okay. MR. YOVANOVICH: Good afternoon. For the record, Rich Yovanovich on behalf of the petitioner. With me I have several people that can answer any questions I may not be able to answer. Barry Ernst from WCI is the Contract Purchaser of the property; Wayne Arnold and Mike Delate from Q. Grady Minor are here to answer any planning or engineering questions; Marco Espinar is our Environmental Consultant; and Jim Banks is our Transportation Engineer. You have two companion items before you today to add approximately 43 acres to the Pelican Marsh DRI and the Pelican Marsh PUD. On the visualizer is an aerial with the property we're proposing to add outlined in yellow with the proposed master plan for the project. Page 125 September 13, 2016 The property is located on the east side of Livingston Road. The proposed access to the property is outlined in white that would be accessed through an existing preserve area to access Livingston Road. The property is currently landlocked and has no access, so there are two ways out on this property. One is either through Wilshire Lakes, which is the property to -- this is property we're adding, and this is the access to Livingston Road. Wilshire Lakes is over in this direction right here -- right, Wayne -- which we would have to go through Wilshire Lakes through their gate to get to Pine Ridge Road if we wanted to have access through the property. Initially prior developers attempting to develop this property had negotiations with Wilshire Lakes through attempt to get access through their gated community. Those discussions ultimately broke down, and the residents of Wilshire Lakes did not want this proposed property to assess through Wilshire Lakes. WCI got the property under contract and had discussions with Host Marriott, who is the owner of the Tiburon Golf Club as well as the Ritz Golf Lodge and the owner of the property over which the proposed access is, and reached an agreement to acquire approximately two acres to provide access to this property. We then submitted the PUD application for the roughly 43, and are proposing to build 66 single-family homes on that property. Immediately to the south you can see a development which is the Marsala project within Pelican Marsh. This project will be similar to the Marsala project that is currently developed in Pelican Marsh, and that property is in this area right here. When we had our first neighborhood information meeting, the residents of Marsala and residents of Wilshire Lakes attended that and raised several concerns. They -- some people then formed a not-for-profit organization called Save the Preserve. They retained the Page 126 September 13, 2016 services of Patrick White who then -- we began conversations with Mr. White and the leadership of the Save the Preserve organization. We met in my office for several hours, and we talked through what were their concerns and how could we address those concerns. The concerns were regarding access and where the access would be located and how the access would occur. And the residents -- or I'm sorry -- the members of Save the Preserve preferred the access to be moved further north and bisect the preserve area to a little bit greater extent than we're proposing right now. We explained to them that the environmental agencies were not in favor of that alignment. So they agreed to leave the access where it is with our planting an additional buffer along the roadway so those people playing golf would have a buffer between the vehicles using that road and access to the property. They also asked us to attempt to get a left turn in as you're driving south on Livingston Road to get access to the property, and we agreed to do that. There were concerns about the buffer from the golf course and views from the residents who were living in Marsala. So we agreed to provide an additional preserve area or setback area along the south part of the property. I can show you, if you need me to, the previous site plan that had the homes much closer to the golf course, but we agreed to move it further back away from the golf course. We also agreed to limit the homes to single-story, and I'll show you on the master plan because you can see it a little bit clearer. But limit the single-family homes -- the homes to one story along this portion of the project to address concerns raised by residents who lived in this area of Marsala. We, I thought, had a very, obviously, productive meeting. It resulted in an agreement, and we made all of the changes requested by Page 127 September 13, 2016 the members of the Save the Preserve organization in the PUD, and we presented all those to the Planning Commission. And Mr. White, I believe, testified at the Planning Commission that we had, in fact, lived up to all the commitments we had made. So we -- I'm going to show you the -- there's the master plan. Can you all see where I was talking about, the single-story being located right here? This was the additional preserve area we put in there, and then we also added some preserve in the northwest corner of the project that you can see is labeled preserve. We also met with the Conservancy, who had some concerns about the amount of preserve we were retaining by adding this property. I believe we resolved concerns that the Conservancy had regarding the proposed project. The Planning Commission, I believe, was 4-1 in favor of the PUD and adding the 43 acres to the DRI. That's a brief overview of what we're proposing, and we're happy to answer any questions you may have. And if you want a more detailed presentation, I'm happy to do that as well. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: What is the current opposition? What opposition is there at this point? MR. YOVANOVICH: Well, there are some individual residents of the Marsala community that are opposed to the project. I'm sure they can address their comments, but the comments they -- the pictures they showed at the Planning Commission were wildlife that are now using lakes that were actually created by the golf course, so the golf course actually attracted wildlife to this area, and none of what we're proposing has any impact on the wildlife that has been attracted to the golf course. So there's been comments about wildlife in the area and somehow this project is going to negatively impact the wildlife. Page 128 September 13, 2016 That's Rich Yovanovich's synopsis of what he understood the concerns that were raised at the Planning Commission. CHAIRMAN FIALA: I've got a couple speakers, so maybe they can answer some of those. COMMISSIONER HILLER: Hang on a second. So my understanding is this is a belief. This isn't -- is there any professional evidence that's been presented -- MR. YOVANOVICH: No, you're -- COMMISSIONER HILLER: -- regarding the impact on wildlife? MR. YOVANOVICH: We are going, obviously -- COMMISSIONER HILLER: Not on your part but on the part of the opposition. MR. YOVANOVICH: There's been no professional environmental consultants testifying by the opposition. We are obviously going through the environmental permitting process for both the Corps and the Water Management District. Your environmental staff is recommending approval, so I haven't seen any. COMMISSIONER HILLER: So at this point there's no rebuttal evidence to the evidence being presented? MR. YOVANOVICH: I haven't seen it yet. COMMISSIONER HILLER: Okay. Thank you. MR. MILLER: Madam Chair, we have two registered speakers. Your first speaker is Linda Joyce, and she will be followed by Patrick White. MS. JOYCE: Perfect timing, thank you. I guess -- Troy, we've got to X out of his because my cone is not here. Then go ahead and start it. MR. MILLER: Yes, ma'am. MS. JOYCE: Thank you. Hi. Just to speed things up and not to waste your time -- because Page 129 September 13, 2016 this I want you to watch also. My name is Linda Joyce. I am a full-time resident in Marsala at Tiburon, which is my second WCI home, which I love. They build a great home. I was asked back in November by our HOA president to represent Marsala, and I can testify on my honor today no one has recommended the access road through the preserve off of Livingston in our subdivision. And as far as expert testimony, if you refer to Dan Trescott, your regional planning committee reviewer coordinator, there's plenty of evidence from Florida Wildlife Conservation of the forging wood storks that roost and nest in trees, and the eagle nest were -- Melissa Kruger has come all the way over from West Palm Beach and has stated, as per Dan Trescott, has documented that for your review, that the nest does warrant further review and observation. So let me go on with my three-minute speech. Although I understand I'm allowed 10 as a representative of Marsala, I'm only going to talk three minutes. Please look at the pictures of wildlife in trees that do enjoy the fish in our lake, our beautiful lake on the golf course, which at Golf Harbor we had 14 lakes; not nearly as many wildlife, and that's because Marsala has 50 acres retained. So per Southwest Florida Management's permit, the Preserve at Tiburon was established to provide a wetland upland wildlife corridor and to maintain connectivity to offsite wetland areas and provide a variety of habitats for wildlife. WCI wants to re-purpose the South Florida Water Management and Army Corps mitigated-protected preserve for an access road. This will significantly impact the rare wetland's watershed along with the naturally occurring connective flow-ways and wildlife habitat. The destruction of the protected preserve will cause wildlife habitat fragmentation for the documented endangered threatened Page 130 September 13, 2016 species as special concerns such as the eagles, ospreys, wood storks, great egrets, herons, swallow-tailed kites, big cypress fox squirrels, gopher tortoises and bobcats, all of which Florida Wildlife has asked for permitting through WCI because of their documentation. WCI also wants to use the South Florida Water Management mitigated conservation easement that they do not own as their land development 25 percent minimum on-site preserve, green space for Serena Naples, a totally separate development not -- CHAIRMAN FIALA: Thank you. MS. JOYCE: I'm representing Marsala. I understand I get extra time. CHAIRMAN FIALA: No, you don't. Everybody just gets three minutes. MS. JOYCE: Okay. Well, I was told otherwise, but that's okay. CHAIRMAN FIALA: Thank you anyway. MS. JOYCE: Thank you. MR. MILLER: Your next speaker is Patrick White. MR. WHITE: Good afternoon. Madam Chairman, Commissioners, Patrick White, the Naples office of Porter Wright here today representing the not-for-profit Save the Preserves, Incorporated, representing the board of directors. We have two of our officers here today with us. Dean Lohman is the President, and I believe our Vice President, Lisa Denove, is with us as well. Ours is a little bit different story in the sense that what this group has sought to do is to form its own not-for-profit entity, then be self-funded and self-directed as to how it was going to proceed in its discussions with the developer of an adjacent project. I think that what we have done in this process is something that, when I was a former assistant county attorney, I understood and expected that this process was intended to achieve which is to identify issues as early as possible once an application is submitted and to be Page 131 September 13, 2016 able to go forward in a productive conversation either before or after the neighborhood information meetings but certainly before we got to the point where conversations with staff, the developer, and others would bring us to a Planning Commission meeting where hopefully most of the issues had been identified and resolved. As you heard Mr. Yovanovich tell you, that is exactly what we have done. I want to be clear about one point, though, that our agreement with WCI does not cover. Although we are in agreement about the access point on the eastern right-of-way line of Livingston Road, we are not in agreement, and our agreement does not cover at all, the alignment of the access road. We've had to put ourselves in a position of deferring to what the agencies, in effect -- or that are responsible for applying their regulations, in effect, have decided to do, but it is not a part or parcel of our conversation that we agreed to. But other than that, I think it's fair to say that we, indeed, do assent to and have no objection to your approval of the PUD as it is stated. We had an opportunity comment on and request and had changes made so that they fully implemented our agreement, and I think that the process is one that we bring to you is, as a friend of mine in the Flight 93 process used to say, with a bow on it. Thank you. Any questions? COMMISSIONER TAYLOR: I have -- CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: I'm hearing two things, which is probably not so unordinary -- MR. WHITE: No lawyer jokes. COMMISSIONER TAYLOR: -- with attorneys, yes exactly. On one hand you're saying you don't agree with the alignment and the other hand you're saying you agree with the agreement, so... MR. WHITE: Well, the access point and the road are two Page 132 September 13, 2016 different things. COMMISSIONER TAYLOR: Okay. MR. WHITE: The access point is a separate regulatory item. And as to where that point is located, the point of the driveway, if you will, the mouth of the road, we are in agreement with that. It has to do more with where the alignment then is for the southbound left-hand turn into the project, which we have their commitment to making their best efforts to try to obtain. We think that's not only a benefit for this project in Marsala but, clearly, has other benefit and why we think that the county and other responsible agencies may approve it. Does that clarify? COMMISSIONER TAYLOR: Okay. Yes, so specifically -- and just help me with this. Forgive me. MR. WHITE: Sure. COMMISSIONER TAYLOR: It's really the way the alignment or the mouth of the opening -- MR. WHITE: Correct. There are separation distance -- COMMISSIONER TAYLOR: Okay. MR. WHITE: -- in your Land Development Code between access points. COMMISSIONER TAYLOR: Yeah, yeah. Okay. MR. WHITE: And so it falls within those ranges. COMMISSIONER TAYLOR: Okay. Thank you. MR. WHITE: You're welcome. CHAIRMAN FIALA: Commissioners Hiller? COMMISSIONER HILLER: I just want to confirm, Jeff, that the previous speaker who claimed they represented an association was given the appropriate amount of time. MR. KLATZKOW: Yes. COMMISSIONER HILLER: Thank you. MR. WHITE: And just to be clear, Save the Preserves, although Page 133 September 13, 2016 it does -- it is comprised of a majority of the lot owners, it certainly isn't the same as the HOA, whether a neighborhood or master. It is a single-purpose entity that we created solely for the purpose, if you will, of working with the developer to the degree we could. And I believe that it, as I said earlier, is something that hopefully has merit to you all so that we're not here having a big display and discussion before you. Any other questions? (No response.) CHAIRMAN FIALA: Thank you. COMMISSIONER NANCE: Thank you. CHAIRMAN FIALA: No more speakers? MR. MILLER: No, ma'am, no more speakers on this item. CHAIRMAN FIALA: Okay. Commissioner? COMMISSIONER HILLER: I think -- you want to close the hearing so we can vote? CHAIRMAN FIALA: Yes, I'll do that. I'd like to close this public hearing. Thank you. Okay. I don't have a motion or anything, so it's nothing to vote on yet. COMMISSIONER HILLER: I make a motion to approve. COMMISSIONER NANCE: Second. COMMISSIONER HILLER: Thank you. MR. YOVANOVICH: Is that both items? COMMISSIONER HILLER: Yeah. They're companion items. I would make -- I'll restate the motion to ensure that it's both items. CHAIRMAN FIALA: You're talking both items? COMMISSIONER HILLER: Yeah, 9A and 9B. They're companion items, so... COMMISSIONER NANCE: Seconded to both. CHAIRMAN FIALA: Okay, fine. I have a motion on the floor and a second to both 9A and 9B. Any other comments? Page 134 September 13, 2016 (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: Okay, 5-0. MR. YOVANOVICH: Thank you. Item #9C ORDINANCE 2016-26: AMENDING ORDINANCE NO. 2014-34, THE RMC-ENCLAVE RESIDENTIAL PLANNED UNIT DEVELOPMENT, AND AMENDING ORDINANCE NO. 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 12. 17± ACRES OF LAND ZONED COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) KNOWN AS THE GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT KNOWN AS THE RMC-ENCLAVE RPUD; BY ADDING 48 RESIDENTIAL DWELLING UNITS FOR A TOTAL OF 162 RESIDENTIAL DWELLING UNITS OR BY ADDING 150 GROUP HOUSING UNITS FOR A TOTAL OF 500 GROUP HOUSING UNITS; BY AMENDING THE MASTER PLAN; BY REPEALING ORDINANCE NO. 11-18, THE GRACE ROMANIAN BAPTIST Page 135 September 13, 2016 CHURCH OF NAPLES CFPUD; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST QUADRANT OF LEARNING LANE AND LIVINGSTON ROAD, IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 40.55± ACRES — ADOPTED MR. OCHS: Madam Chair, that takes us to Item 9C. This items also requires ex parte disclosure be provided by commission members. This is a recommendation to approve an ordinance amending the RMC Enclave Residential Planned Unit Development. CHAIRMAN FIALA: Thank you. With all -- would all those people who are planning to speak please stand, and our court reporter will swear you in. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Okay. And, Commissioners, starting with Commissioner Taylor, do you have any ex parte to declare? COMMISSIONER TAYLOR: Yes; yes, I do. Read the staff report, phone conference with Mr. Anderson, phone call with Mr. Omen (phonetic) from Camden Lake, meetings with staff, phone call with Mr. Arnold. CHAIRMAN FIALA: Thank you. Commissioners Nance? COMMISSIONER NANCE: Yes, I have read the staff report, I've had conversations with Mr. Anderson for the petitioner, and I have had meetings with the staff. CHAIRMAN FIALA: Thank you. I, too, have met with staff, I've also had a meeting with Mr. Anderson, Bruce Anderson, and also I spoke briefly with the Hearing Examiner. Commissioner Hiller? COMMISSIONER HILLER: I spoke to staff, reviewed the Page 136 September 13, 2016 backup. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Nothing. CHAIRMAN FIALA: Okay. COMMISSIONER HENNING: Where is this place at? There it is. MR. ANDERSON: Good afternoon, Commissioners. My name is Bruce Anderson from the Cheffy Passidomo law firm. With me today is Randy Kurtz, one of the owners of the Enclave PUD, and with me today is Wayne Arnold from Grady Minor, engineering; Jim Banks, the transportation engineer. And this property is located at the corner of Livingston Road and Learning Lane as depicted on that aerial photograph. This is an application to amend the Enclave PUD which already allows 114 residential units or 350 group housing units for seniors as permitted uses. This amendment would add 12 acres to the existing 28-acre Enclave PUD, and it would allow these same two uses and the same development standards. The land being added is presently zoned as the Romanian Baptist Church PUD which allows a 500-seat church and daycare for 150 students. In its place would be approval for 48 residential dwelling units or 150 senior living units. This PUD would be developed as either residential or senior group housing but not both. Neighboring residents' concerns at the Planning Commission were mainly about this project having access to Learning Lane. The school district, which owns Learning Lane, will not allow the Enclave to have access, so that ends that issue, and that access was removed at the Planning Commission hearing, and the Planning Commission unanimously recommended approval. The other project team members are available if you have any Page 137 September 13, 2016 questions. I thank you for your time and request your approval. CHAIRMAN FIALA: Thank you. No speakers, Troy? MR. MILLER: No, ma'am, no registered speakers. CHAIRMAN FIALA: Okay, fine. Comments from commissioners; Commissioner Henning? COMMISSIONER HENNING: Close the hearing. CHAIRMAN FIALA: Okay, thank you. I close that public hearing. I always forget to do that. COMMISSIONER HENNING: Move to approve. COMMISSIONER TAYLOR: Second. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: Okay. Move to approve and a second. Any 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: Very good. We move on. MR. ANDERSON: Thank you very much. Item #9D ORDINANCE 2016-27: AMENDING ORDINANCE NUMBER 04- 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE Page 138 September 13, 2016 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 — ADOPTED MR. OCHS: Item 9D is a recommendation -- excuse me -- a recommendation to consider adopting an ordinance amending the Collier County Land Development Code. Ms. Caroline Cilek will present. COMMISSIONER TAYLOR: Commissioner Hiller, she left? CHAIRMAN FIALA: Oh, I don't know. Commissioner Henning? COMMISSIONER TAYLOR: No, Commissioner Hiller. CHAIRMAN FIALA: She went down to the clinic; something about an eye infection. COMMISSIONER TAYLOR: Okay. MS. CILEK: Hi, good afternoon. Caroline Cilek, LDC Manager with Collier County's Growth Management Department, and I'm here this afternoon to present to you the second round of hearings for the Land Development Code Amendments. CHAIRMAN FIALA: Yep. COMMISSIONER HENNING: Cool. CHAIRMAN FIALA: Let's see. Commissioners, do you have Page 139 September 13, 2016 any questions about the -- COMMISSIONER HENNING: Yeah, let's -- show us what you've changed since the first hearing. MS. CILEK: I'd be happy to. There were two amendments that were revised from the last meeting. The first one is located on Page 37 of your binder or of the packet. CHAIRMAN FIALA: I don't know where my binder is. Excuse me. I'm sorry. COMMISSIONER NANCE: Which page is it, ma'am? COMMISSIONER TAYLOR: Thirty-seven. MS. CILEK: Thirty-seven. This is the Immokalee non-conforming mobile home park amendment, and the narrative was updated to include the changes we discussed regarding the specific-purpose survey which was added to the administrative code for the Immokalee non-conforming mobile home park or sites. So this amendment has been updated as discussed. Any questions on this amendment? COMMISSIONER TAYLOR: What do you think, Commissioner Henning? Are you happy with it? COMMISSIONER HENNING: Yeah. That was -- who brought up the issue? MS. CILEK: It was one of the conversations I had with the County Manager's Office, and it was supported by the Commissioners at the time. These changes were also shared with the stakeholders, and they were comfortable with them, from what I understand. I've kept them in the loop through the entire process. COMMISSIONER HENNING: It wasn't an issue with me, was it? COMMISSIONER NANCE: No. Staff thought it would be best Page 140 September 13, 2016 to memorialize what was actually being proposed and make sure that the properties were delineated and the setbacks were -- you know, were official and so on and so forth. COMMISSIONER TAYLOR: I think yours was the second one, which is the market operators for the vendors. MS. CILEK: Correct, and that was also updated as well. CHAIRMAN FIALA: I'm sorry. MS. CILEK: And that amendment regarding the temporary events starts on Page 77, and that provision regarding market operators COMMISSIONER HENNING: What's it say? I don't have a book here. MS. CILEK: Okay. COMMISSIONER HENNING: Or just put it on the visualizer. MS. CILEK: I'd be happy to. In this case it was a deletion of the text, so we just show you the updated LDC amendment provision. But I'll take it out. COMMISSIONER NANCE: It was deleted. MS. CILEK: So here we're looking at the end of the subsection for 2, and there was a provision there that addressed market operators. We're confirming or verifying their vendors had all applicable licenses, and that provision has been removed, as discussed, and that was updated in the narrative as well. COMMISSIONER HENNING: Okay. MS. CILEK: Those were the only changes that were discussed to LDC amendments. There was one that we did remove from the cycle, and so that's no longer in the ordinance or in your packet. COMMISSIONER HENNING: Is that the mailbox? MS. CILEK: Correct. COMMISSIONER HENNING: All right. Move to approve. COMMISSIONER NANCE: Second. Page 141 September 13, 2016 CHAIRMAN FIALA: Okay. I have a motion to approve and a second. Commissioner Nance? COMMISSIONER NANCE: Yes. I would just like to thank staff for their determined, long-term efforts at bringing this to the Board of County Commissioners in a great form in the end. I think it's going to be a great service to everyone. COMMISSIONER HENNING: The Immokalee piece, yeah. COMMISSIONER NANCE: Absolutely. That Immokalee piece was worked on forever, and I want to thank everybody for their courtesy and for their --just persistence at working out something that got us to the finish line, so thank you very much. COMMISSIONER TAYLOR: And I don't think that the temporary market events were an easy -- easy, you know, thing to do either. And, you know, you've done it, and I think it's fair and I think we go forward and we address it as it unfolds. I mean, unforeseen consequences happen all the time, but I think you've done a lot of work. Thank you. MS. CILEK: Thank you. CHAIRMAN FIALA: This now means that they can start to replace all those dilapidated trailers there, doesn't it? MS. CILEK: Yes. CHAIRMAN FIALA: And that they can start upgrading and improving. How long we've been wanting to see that. I read all through this. I want to tell you, you guys have done a great job. And I had a lot of questions. Poor Leo, poor Nick, poor David. I got all my answers, they were all good answers, and so I just want to say thank you very much for all your hard work. So I have a motion on the floor and a second, right? MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: Okay. All in favor, signify by saying aye. Page 142 September 13, 2016 COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: (Absent.) COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. MS. CILEK: Thank you very much. COMMISSIONER HENNING: What else do we have to do? Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Just -- we're down to Item 15, Commissioners. That's staff and commission general communications. Madam Chair, would you like me to start? CHAIRMAN FIALA: Yes, would you? MR. OCHS: I just have a couple of brief calendar updates. First of all, your future workshop schedule, you have an October 4th, one p.m. workshop scheduled to go over your legislative agenda for the coming session and then, again, we have a placeholder for January 3rd for a strategic planning workshop with the new board. I also wanted to remind the Commissioners that the next and final public hearing to adopt your FY 17 budget will be held on next Thursday, the 22nd of September at 5:05 p.m. And then my final item, Commissioners, is just to, as I do every year, confirm the Board's past practice of meeting one time in November and one time in December. I'm assuming that that would be the schedule again this year. I'm just looking for some -- Page 143 September 13, 2016 CHAIRMAN FIALA: Anybody? MR. OCHS: -- concurrence on that. COMMISSIONER NANCE: Yes, Mr. Ochs. I -- you know, I brought up to you that at present if we had one meeting at the second Tuesday in November, it would occur on November the 8th, which is actually election day, and I thought that that might not be really the best thing to have one-on-ones the day before the election. So I suggested to you that the Board might consider moving it to the following week, which would be the 15th of November. MR. OCHS: Yes, sir. COMMISSIONER NANCE: That's for the Board's, you know -- I just thought it was awkward, and that would give you -- you know, I think the proposed single meeting in December is the 13th, so that would give you a month. MR. OCHS: Yes, sir. COMMISSIONER NANCE: Otherwise it would be five weeks between those two meetings. So I threw that out for everybody's consideration, and I don't know what the will of the Board is. CHAIRMAN FIALA: I have a question about that, though. If that's after election, the second -- the first -- the only meeting in November but it's after the election, then do you swear in the new people and they start then? MR. OCHS: No, ma'am. State statute says the term of the new commissioners starts on the second Tuesday after the election, so I believe their term of office would start -- COMMISSIONER NANCE: Twenty-second. MR. OCHS: -- November 22nd and you would not, then, have the new board meeting and the board session till your December 13th meeting. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: So you want to stay with us one -- Page 144 September 13, 2016 MR. OCHS: Yeah. So you all are on the hook for the November meeting. CHAIRMAN FIALA: You're with us no matter what. COMMISSIONER TAYLOR: Right? That's why you suggested that, right? COMMISSIONER NANCE: I'm on duty till November the 21st and everybody's going to have to drag me out by my feet on that whether we have a meeting or not. I just thought that, perhaps, a meeting on election day would -- COMMISSIONER TAYLOR: Probably not be the place to be. COMMISSIONER NANCE: Probably not the best, but that's up to the board members. MR. OCHS: Yes, sir. COMMISSIONER TAYLOR: I would agree. CHAIRMAN FIALA: I don't have any problem with it one way or another. Other board members, how about you? COMMISSIONER HENNING: I'm fine. COMMISSIONER TAYLOR: I would agree. CHAIRMAN FIALA: It's okay with you, too? COMMISSIONER HENNING: Sure. CHAIRMAN FIALA: Okay. MR. OCHS: Fifteenth. So we'll meet on November 15th and again on December 13th. Thank you, Commissioners. That's all I have, Madam Chair. CHAIRMAN FIALA: Okay. How about you, County Attorney? MR. KLATZKOW: No, ma'am. CHAIRMAN FIALA: Okay. Starting with Commissioner Taylor. COMMISSIONER TAYLOR: Just a report, just a brief report from WGCU about the reef documentary. As of August the 31st, 2016, Page 145 September 13, 2016 28 countries have viewed it, 909 cities have viewed it, and it is the most-watched video in the video portal of WGCU in 2016. CHAIRMAN FIALA: Wow. That is wonderful. MR. OCHS: Great. CHAIRMAN FIALA: Wow. COMMISSIONER TAYLOR: So it's -- you know, and there's more to come, because the six-month agreement is going to change, and there can even be greater expansion. So it's pretty exciting, and it's very positive. CHAIRMAN FIALA: It sure is. COMMISSIONER TAYLOR: So the other thing that -- I know, here we go, right? That M word, but it has -- CHAIRMAN FIALA: Which M word? COMMISSIONER TAYLOR: Moratorium, temporary moratorium. In the Gateway Triangle area, I understand the Planning Commission has undertaken a discussion for redevelopment standards, and it appears that there are three gas stations that are going to happen, but there's even a fourth coming in that area, and there's residential in this area. And I just think we -- I'm not asking for forever and ever. But I just think we need to take a deep breath and allow the redevelopment standards to be explored by the Planning Commission before we allow more gas stations in this area. CHAIRMAN FIALA: I can't believe all the gas stations that are coming in. I mean, there's -- and there's two and three in every block almost anymore, the ones that are proposed that are coming in and the ones that are already there. It's amazing. I don't know what they're going -- you guys aren't going to have any gas up at the north end of town. It's all going to be down here. COMMISSIONER TAYLOR: Well, the area is Airport, Davis, Page 146 September 13, 2016 and 41, and I've got -- maybe we can put this on the visualizer, I don't know. But just for your consideration. If you would agree, we could put it on the agenda. CHAIRMAN FIALA: Did you talk to the advisory board from the CRA? COMMISSIONER TAYLOR: I did not talk to them, but I did talk to the chairman of the Planning Commission about it. And they are undertaking -- looking at, okay, we want to redevelop to -- you know, it's a 16-year-old plan -- CHAIRMAN FIALA: Yes. COMMISSIONER TAYLOR: -- in the CRA. It's time that we look at it, especially with the Triangle right there. So the area would be -- is the Airport, Davis, 41. CHAIRMAN FIALA: That will catch all the ones that are coming onto -- yes, onto U.S. 41 as well to Airport Road as to -- COMMISSIONER TAYLOR: Right. CHAIRMAN FIALA: -- as well as Shadowlawn. COMMISSIONER TAYLOR: And look at the residential in there. CHAIRMAN FIALA: You know, I don't understand. I don't think that many people -- there's going to be more gas stations than people living in the area pretty soon. COMMISSIONER TAYLOR: And it's not -- yeah, it's a health, safety, and welfare issue, I think. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: So -- COMMISSIONER NANCE: Well, Commissioner, actually, residences create the need for gas stations because each one of them that I know has at least one car, so I think it kind of goes hand in hand, I'm sorry, but, you know, one begets the other. I don't know how you can have huge residential communities -- Page 147 September 13, 2016 COMMISSIONER TAYLOR: No, no. We've got a gas station going in at Courthouse Shadows along with the gas station that's there. We've got a gas station going in across the street at the Walmart. We've got a gas station that's proposed at Racetrac, and now there's another one coming in on -- that's raised -- that's come through the door at least, not -- it's not far along on Shadowlawn. It's enough. These people have existed fine and dandy with the 7-Eleven on 41, okay. So now we have three more coming in. So it's just -- I'm not asking -- it's not asking -- it's not forever and ever not to -- but to ask for some standards to be put in place before we allow this to happen. CHAIRMAN FIALA: So did you want to bring that back as an agenda item? COMMISSIONER TAYLOR: If I have consensus to do that, yes. CHAIRMAN FIALA: Okay. COMMISSIONER NANCE: I don't object to anything to be coming back. COMMISSIONER TAYLOR: All right. Thank you. Commissioner Henning? COMMISSIONER HENNING: Yeah. It's the Board of County Commissioners' agenda. You have a right to bring anything you want on the agenda. You don't need the Board's approval. We're equals here. COMMISSIONER TAYLOR: Well, if I had -- you know, if I had three of my colleagues saying are you out of your mind, we don't want to do this, then why waste staffs time? COMMISSIONER HENNING: Well, I've put some things on the agenda I'm sure people thought are you out of your mind, but, you know, you just do it anyways because that's the right thing to do. But, you know -- CHAIRMAN FIALA: You've brought your sense of humor here. Page 148 September 13, 2016 COMMISSIONER HENNING: This is in the CRA, and it should rise to the, you know, CRA level. COMMISSIONER TAYLOR: Okay. Well, there's a meeting tonight. I will bring it up also. CHAIRMAN FIALA: I'll be here at that meeting, too, by the way. COMMISSIONER HENNING: Is there a Wawa? COMMISSIONER TAYLOR: There is a Wawa coming, but the Wawa's going to be at Rattlesnake. That's further out east -- CHAIRMAN FIALA: No. There's another one coming right there at Shadowlawn. MS. KINZEL: Livingston. CHAIRMAN FIALA: You didn't know about that one? COMMISSIONER TAYLOR: No, no. CHAIRMAN FIALA: Yes, there's another one coming. And then there's another one. Yes. COMMISSIONER TAYLOR: Yes. So... CHAIRMAN FIALA: There are three along that corridor. COMMISSIONER TAYLOR: Yeah. So maybe it's time because, you know, what are we trying to do? Are we going to commercialize the whole thing and have all this residential go somewhere else? That's not going to keep to the vitality of a redevelopment area. The commercial and -- the commercial and the residential have to exist in a very productive and fruitful way. It's not, okay, let's redevelop and just make it all commercial because, frankly, no residential can live here. CHAIRMAN FIALA: Well, I don't think along the U.S. 41 corridor you're going to have much of any residential anyway. I mean COMMISSIONER TAYLOR: Behind; behind it. You know, and that's the old 41. That's how it originally developed. And our Page 149 September 13, 2016 code doesn't address what gas stations are today. CHAIRMAN FIALA: No, that's true. COMMISSIONER TAYLOR: And then we have residential right there, then they want to live there, so how do we address it? So I think the Planning Commission and I think Mr. Bosi is looking at it, I hope, as we move forward. So I'm -- it is redevelopment. It is important. It's the vitality of the area, but there's ways of doing it right and there's ways of doing it wrong. CHAIRMAN FIALA: I think you've got a lot of nods up here, so COMMISSIONER TAYLOR: Thank you very much. All right. And that's all I have. Thank you. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: I really don't have anything. It was -- the dedication of-- the Freedom Memorial was one of the more remarkable events I think I've attended as commissioner. It was very, very, I think, emotional for everybody on a lot of different levels, but what was nice for me is to see how many different people from so many different perspectives got involved with that project. It was, I think, one of the most positive things I've seen since -- just in a long time. I thought it was absolutely great. And, you know, it was a tremendous wait, but it was an amazing result. It's just a great project. I think one of the prettiest memorials I've seen anywhere, and I've been blessed to see a lot of them. But it really turned out well. I will say I think it was truthfully worth the wait. COMMISSIONER TAYLOR: Driving over to the county this morning I saw a child and his parent at the memorial. COMMISSIONER NANCE: Yeah. It's really nice. CHAIRMAN FIALA: It was beautifully done. COMMISSIONER NANCE: It's really nice. Page 150 September 13, 2016 CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. Commissioner Taylor, thank you for the art in the room. It's a nice addition. COMMISSIONER TAYLOR: Oh, one step at a time, yeah. COMMISSIONER HENNING: I want to congratulate everybody on their campaign or, you know, the people that you supported. And speaking about the Freedom Memorial, I was -- as I was there, there are several things that make this community great, you know, and it -- and like this one, several others have come from citizens, the idea came from citizens and then the participation of elected officials in county government. The Everglades was a -- citizen-driven to make that a national park. Rookery Bay was a citizen initiative to stop a road going down to Marco Island. COMMISSIONER TAYLOR: That's right. COMMISSIONER HENNING: You know, there's a lot of elements within our community is -- wasn't the idea of government, but government was the vehicle or assistant to make it happen. And my point is good ideas come from people, not government, and we're here as the vehicle for the residents to make it a -- keep it -- I should say, not make it, keep it a great community. You know, and it just happens all the way around; Land Development Code amendments, Growth Management Plan amendments, just a whole bunch of things. And you can see it as you travel the country, Collier County has its own distinct flavor, feeling, and the appearance of it, and so I commend everybody involved. That's all I have. CHAIRMAN FIALA: Actually, I don't have anything except welcome back. I hope everybody had a nice summer. I saw five car carriers coming in from Sunday till today, and that's only just in this Page 151 September 13, 2016 little area. I have no idea where else they are around the county, but be prepared. Here we go again. And with that, everybody, the meeting is adjourned. **** Commissioner Hiller moved, seconded by Commissioner Nance and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 328RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. PROJECT NO. 60145 (ESTIMATED FISCAL IMPACT: $65,150) — A PORTION OF FOLIO #40920920000 Item #16A2 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 349RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. PROJECT NO. 60145 (ESTIMATED FISCAL IMPACT: $3,100) — FOR 2,250 SQUARE FEET OF FOLIO #40626400002 Item #16A3 Page 152 September 13, 2016 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT (PARCEL 317RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. PROJECT NO. 60145 (ESTIMATED FISCAL IMPACT: $5,400.) — FOR A 3,300 SQUARE FEET PORTION OF FOLIO #406222560108 Item #16A4 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT (PARCEL 395RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD. (PROJECT NO. 60145.) ESTIMATED FISCAL IMPACT: $3,277 — FOR 1,875 SQUARE FEET OF FOLIO #40680120001 Item #16A5 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT (PARCEL 382RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD (PROJECT 60145). ESTIMATED FISCAL IMPACT: $236,854 — FOR APPROXIMATELY 62,664 SQUARE FEET OF FOLIO #40930760001 Item #16A6 Page 153 September 13, 2016 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A . ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT (PARCEL 403RDUE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD (PROJECT 60145). ESTIMATED FISCAL IMPACT: $9,210 — FOR APPROXIMATELY 6,550 SQUARE FEET OF FOLIOS #40682320003 AND #40682280004 Item #16A7 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT (PARCEL 397RDUE) AND A TEMPORARY DRIVEWAY RESTORATION EASEMENT (PARCEL 397TDRE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD (PROJECT 60145). ESTIMATED FISCAL IMPACT: $10,239.50 — FOLIO #40680080002 Item #16A8 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND NO. 09204916 IN THE AMOUNT OF $266,000 TO TOLL BROTHERS INC., WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20160000376) FOR WORK ASSOCIATED WITH CAY OF NAPLES AT HACIENDA LAKES — A RECENT INSPECTION CONFIRMED THAT THE DEVELOPER HAS FULFILLED THE COMMITMENTS OF THE EWA Page 154 September 13, 2016 Item #16A9 THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $18,140. TO THE APPLICANT, PORTER WRIGHT MORRIS & ARTHUR, LLP, WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20150002426) FOR WORK ASSOCIATED WITH LEGACY LAKES — LOCATED OFF OF WOODCREST DRIVE AND ACREMAKER ROAD Item #16A10 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $186,300 TO THE APPLICANT, DIVOSTA HOMES, LP WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20150000451) FOR WORK ASSOCIATED WITH WINDING CYPRESS UNIT 2 - A RECENT INSPECTION CONFIRMED THE DEVELOPER HAS FULFILLED HIS COMMINTMENTS OF THE EWA Item #16A11 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $161,900 TO PULTE HOME CORPORATION WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.066, PL20110000670 FOR WORK ASSOCIATED WITH QUARRY PHASE 3 — LOCATED NORTH OF IMMOKALEE ROAD AND EAST OF COLLIER BLVD. Page 155 September 13, 2016 Item #16Al2 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $54,902 TO LENNAR HOMES, LLC., WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20140002750 FOR WORK ASSOCIATED WITH MONTIANO AT TREVISO BAY — LOCATED OFF OF TAMIAMI TRAIL WITHIN THE WENTWORTH ESTATES MPUD Item #16A13 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $416,601.60 TO MINTO COMMUNITIES, LLC., WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.080-7, PL20150001911 FOR WORK ASSOCIATED WITH ISLES OF COLLIER PRESERVE PHASE 7 — THE WORK ASSOCIATED WITH THIS SECUIRTY HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED HIS COMMITMENTS Item #16A14 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $579,667.20 TO THE APPLICANT, MINTO SABAL BAY, LLC., WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.080-5, PL20150000492 FOR WORK ASSOCIATED WITH ISLES OF COLLIER PRESERVE PHASE 6 — PROPERTY LOCATED OFF OF TAMIAMI TRAIL, SOUTH OF THOMASSON DRIVE Page 156 September 13, 2016 Item #16A15 THE CLERK OF COURTS TO RELEASE AN EXCAVATION PERFORMANCE AGREEMENT AND BOND IN THE AMOUNT OF $25,000 TO CC AVE MARIA ESTATES, LLC., WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.902-24, PL20150001735 FOR WORK ASSOCIATED WITH MAPLE RIDGE ESTATES MODEL LOTS Item #16A16 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $47,800 TO THE APPLICANT, AVE MARIA DEVELOPMENT, LLLP, WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.902-20, PL20140000068 FOR WORK ASSOCIATED WITH COQUINA AT AVE MARIA, PHASE ONE — THE DEVELOPER HAS FULFILLED HIS COMMITMENTS WITH REGARDS TO THIS SECURITY Item #16A17 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $72,200 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.890- 1, PL20150001749, FOR WORK ASSOCIATED WITH KALEA BAY — LOCATED OFF OF VANDERBILT DRIVE WITHIN THE COCOHATCHEE BAY PUD Item #16A18 Page 157 September 13, 2016 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $74,600 TO THE APPLICANT, TWIN EAGLES DEVELOPMENTS AGR, LLC., WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.117, (PL20120001072) FOR WORK ASSOCIATED WITH TWIN EAGLES PHASE 2C, BLOCK 111 — THE DEVELOPER HAS FULFILLED HIS COMMITMENTS WITH RESPECT TO THIS SECURITY Item #16A19 RELEASE OF THREE (3) CODE ENFORCEMENT LIENS WITH A COMBINED ACCRUED VALUE OF $1,761,244.01 FOR PAYMENT OF $744.01 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JULIO IGLESIAS, CODE ENFORCEMENT BOARD CASE NOS. CESD20100018711, CESD20100018717, AND CENA20100018724 RELATING TO PROPERTY LOCATED AT 985 HONEYBEE DRIVE, COLLIER COUNTY, FLORIDA — VIOLATION FOR SEVERAL UNPERMITTED STRUCTURES ON THE PROPERTY THAT WERE BROUGHT INTO COMPLIANCE ON JUNE 6, 2016 Item #16A20 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $75,198.10 FOR PAYMENT OF $1,000 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. JOSE PINEDA, CODE ENFORCEMENT BOARD CASE NO. 2006070815 RELATING TO PROPERTY LOCATED AT 3585 33RD AVENUE NE, COLLIER COUNTY, FLORIDA — VIOLATION FOR REMOVAL OF Page 158 September 13, 2016 VEGETATION FROM AN UNDEVELOPED PROPERTY WITHOUT THE PROPER PERMITS AND BROUGHT INTO COMPLIANCE ON SEPTEMBER 27, 2008 Item #16A21 FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR RADIO ROAD GET READY CENTER, PL20140000980, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $7,641.70 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION WAS CONDUCTED BY STAFF ON JUNE 10, 2016 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A22 FINAL ACCEPTANCE OF THE WATER FACILITIES FOR CALUSA PINES GOLF CLUB, PL20140001861, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THESE WATER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $8,628.78 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION WAS CONDUCTED BY STAFF ON MAY 9, 2016 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A23 Page 159 September 13, 2016 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TALIS PARK DRIVE EXTENSION, PL20140000987/PL20130002663, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $41,866.69 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT - A FINAL INSPECTION WAS CONDUCTED BY STAFF ON MARCH 18, 2016 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A24 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR SENECA AT TALIS PARK, PL20140001965, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION WAS CONDUCTED BY STAFF ON APRIL 20, 2016 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A25 FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR QUAIL WEST UNIT 3, BLOCK K, LOT 97, PL20160001254 — A FINAL INSPECTION WAS CONDUCTED BY STAFF ON JUNE 9, 2016 AND FOUND TO BE SATISFACTORY AND Page 160 September 13, 2016 ACCEPTABLE Item #16A26 FINAL ACCEPTANCE OF THE WATER FACILITIES FOR GRAND WOODWORKING, PL20150000493, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE WATER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATIONS BOND IN THE TOTAL AMOUNT OF $4,973.40 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION WAS CONDUCTED BY STAFF ON JUNE 9, 2016 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A27 FINAL ACCEPTANCE OF THE WATER AND SEWER FACILITIES FOR AMBERTON (F.K.A. INDIAN LAKES), PL20120001703, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE WATER AND SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) IN THE TOTAL AMOUNT OF $137,493.13 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — LOCATED OFF OF IMMOKALEE ROAD Item #16A28 Page 161 September 13, 2016 FINAL ACCEPTANCE OF THE WATER AND SEWER FACILITIES FOR NORTH NAPLES FIRE STATION #48, PL20150000192, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE WATER AND SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATIONS BOND IN THE TOTAL AMOUNT OF $14,065.54 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — LOCATED OFF OF LIVINGSTON ROAD, NORTH OF IMMOKALEE ROAD Item #16A29 FINAL ACCEPTANCE OF THE WATER AND SEWER FACILITIES FOR SABAL BAY COMMERCIAL PLAT, PHASE 4, PL20140002814, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE WATER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATIONS BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION WAS CONDUCTED BY STAFF ON MAY 13, 2016 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A30 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR BENT CREEK PRESERVE, PHASE 1, PL20140000617, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL Page 162 September 13, 2016 AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — A FINAL INSPECTION WAS CONDUCTED ON MAY 13, 2016 AND FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A31 RESOLUTION 2016-164: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF LANTANA, APPLICATION NUMBER PL20100001536 AND AUTHORIZE THE RELEASE OF THE MAINTENANCE SECURITY — LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD BETWEEN I-75 AND COLLIER BLVD. Item #16A32 RESOLUTION 2016-165: FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF VERONAWALK PHASE 4C, BENELLI AND KARINA COURT REPLAT APPLICATION NUMBER PL20110001063 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED, ACCEPTANCE OF THE PLAT DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY — LOCATED OFF OF COLLIER BLVD. JUST SOUTH OF SABAL PALM ROAD Item #16A33 Page 163 September 13, 2016 RECORDING THE FINAL PLAT OF ESPLANADE AT HACIENDA LAKES PHASE 2B, (APPLICATION NUMBER PL20160001208) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A34 RECORDING THE MINOR FINAL PLAT OF NEIGHBORHOOD SHOPPES AT ORANGETREE, TRACT 2 REPLAT, APPLICATION NUMBER PL20150001570 — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Item #16A35 RECORDING THE FINAL PLAT OF ISLES OF COLLIER PRESERVE PHASE 8, (APPLICATION NUMBER PL20160000515) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — THE DEVELOPER MUST RECEIVE A CERTIFICATE OF ADEQUATE PUBLIC FACILITIES PRIOR TO THE ISSUANCE OF THE CONSTRUCTION PLAN FINAL APPROVAL LETTER Page 164 September 13, 2016 Item #16A36 RECORDING THE FINAL PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES DILILLO PARCEL, (APPLICATION NUMBER PL20160000536) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A37 RECORDING THE FINAL PLAT OF DEL WEBB NAPLES PARCELS 107-108, (APPLICATION NUMBER PL20160000906) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A38 RECORDING THE FINAL PLAT OF ANTHEM PARKWAY, PHASE TWO, (APPLICATION NUMBER PL20160001096) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY — W/STIPULATIONS Item #16A39 THE CHAIRMAN TO EXECUTE THE SOVEREIGNTY SUBMERGED LANDS EASEMENTS FOR THE GULF OF Page 165 September 13, 2016 MEXICO/DOCTORS PASS EASEMENT NO. 41899 AND 41794 — FOR EROSION CONTROL STRUCTURES AND SOUTH JETTY REBUILD Item #16A40 BUDGET AMENDMENTS RECOGNIZING REVENUE AND TRANSFER FUNDING FOR PROJECTS WITHIN TRANSPORTATION CAPITAL FUND (313) AND CDES TRANSPORTATION CAPITAL FUND (310) IN THE AMOUNT OF $266,906.90 (PROJECTS 60085, 60088, 69331, 69333, 69334, 69336 AND 69338.) — FOR THE COUNTYWIDE PATHWAYS PROGRAM Item #16A41 AWARD CONTRACT #16-6560 FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) AND RELATED SERVICES FOR "WHITE BOULEVARD OVER CYPRESS CANAL BRIDGE REPLACEMENT PROJECT" TO AECOM TECHNICAL SERVICES, INC., IN THE AMOUNT OF $595,337.94, PROJECT NUMBER 66066, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT. THE APPROVAL OF THIS ITEM IS CONTINGENT ON APPROVAL OF AGENDA ITEMS #11E AND #16A42 Item #16A42 RESOLUTION 2016-166: AMENDING EXHIBIT "A" TO RESOLUTION NO. 2013-239, THE LIST OF SPEED LIMITS ON COUNTY MAINTAINED ROADS, TO REFLECT A Page 166 September 13, 2016 TEMPORARY REDUCTION OF THE SPEED LIMITS ON WHITE BOULEVARD, FROM APPROXIMATELY 600 FEET WEST TO 593 FEET EAST OF THE CYPRESS CANAL CENTERLINE, FROM FORTY- FIVE (45) MILES PER HOUR TO THIRTY-FIVE (35) MILES PER HOUR, DUE TO THE CONSTRUCTION OF THE WHITE BOULEVARD OVER CYPRESS CANAL BRIDGE REPLACEMENT PROJECT, 66066.10. APPROVAL OF THIS ITEM IS CONTINGENT ON APPROVAL OF AGENDA ITEMS #11E AND #16A41 Item #16A43 AN ADOPT-A-ROAD PROGRAM AGREEMENT FOR THE SEGMENT OF IMMOKALEE ROAD FROM GOODLETTE FRANK ROAD TO AIRPORT PULLING ROAD, WITH TWO (2) RECOGNITION SIGNS AND TWO (2) ADOPT-A-ROAD SPONSOR SIGNS AT A TOTAL COST OF $200 WITH THE VOLUNTEER GROUP, THOMAS P. HALE, D.D.S., P.L. Item #16A44 RESOLUTION 2016-167: AMENDING THE COLLIER COUNTY GROWTH MANAGEMENT DEPARTMENT/PLANNING AND REGULATION FEE SCHEDULE WITH AN EFFECTIVE DATE OF OCTOBER 1, 2016, TO INCLUDE A NEW FEE FOR AN APPLICATION CALLED AN "EXISTING CONDITIONS SITE IMPROVEMENT PLAN." THE APPROVAL OF THIS ITEM IS CONTINGENT ON APPROVAL OF AGENDA ITEMS #9C AND #16A46 Item #16A45 Page 167 September 13, 2016 APPROVAL OF THE COLLIER COUNTY FLOODPLAIN MANAGEMENT PLAN 2015 PROGRESS REPORT AND THE PROPOSED ACTION PLAN FOR 2016 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A46 RESOLUTION 2016-168: AMENDING ORDINANCE NO. 2004- 66, AS AMENDED, THAT CREATED AN ADMINISTRATIVE CODE FOR COLLIER COUNTY, TO ADD SECTION I.3.A., ENTITLED IMMOKALEE NONCONFORMING MOBILE HOME PARKS OR MOBILE HOME SITES — EXISTING CONDITIONS SITE IMPROVEMENT PLAN, TO CHAPTER FOUR, ADMINISTRATIVE PROCEDURES, OF EXHIBIT "B," ADMINISTRATIVE CODE FOR LAND DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. THE APPROVAL OF THIS ITEM IS CONTINGENT ON APPROVAL OF AGENDA ITEMS #9C AND #16A43 Item #16A47 THE SELECTION COMMITTEE'S RANKINGS AND ENTER INTO NEGOTIATIONS FOR CONTRACTS FOR RFP #16-6598, "FIXED TERM LANDSCAPE ARCHITECTURAL SERVICES." — TOP RANKING FIRMS ARE AS FOLLOW: MCGEE & ASSOCIATES, GOETZ & STROPES LANDSCAPING ARCHITECTS, INC., JOHNSON ENGINEERING, WINDHAM STUDIOS, INC., Q. GRADY MINOR, URBAN GREEN STUDIO, PLLC. AND KIMLEY-HORN & ASSOCIATES Page 168 September 13, 2016 Item #16A48 THE CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (AGREEMENT) BETWEEN COLLIER COUNTY AND THE OAKES FARMS, INC. (OAKES FARMS) FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE LIVINGSTON ROAD PUBLIC RIGHT-OF-WAY Item #16A49 THE FIRST AMENDMENT TO LEASE AGREEMENT WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, FLORIDA FOREST SERVICE, REVOKING THE MARCH 8, 2016, NOTICE OF TERMINATION, AND EXTENDING THE TERM OF THE LEASE FOR FORESTRY'S ADMINISTRATIVE OFFICES AND OPERATIONS FACILITY ON RANDALL BOULEVARD UNTIL SEPTEMBER 30, 2021, WITH THE OPTION TO TERMINATE AT ANY TIME WITH 180-DAYS NOTICE Item #16A50 AN EASEMENT AGREEMENT AND AUTHORIZE THE CHAIRMAN TO EXECUTE SAME ON BEHALF OF THE BOARD. PINE RIDGE STORMWATER IMPROVEMENTS. PROJECT NO. 60126. (FISCAL IMPACT: $27) — FOR THE INSTALLATION OF A DRAINAGE PIPE ALLOWING LAKE OVERFLOW TO DRAIN WEST TO TRAIL BLVD RATHER THAN FLOOD SURROUNDING PROPERTIES Page 169 September 13, 2016 Item #16A51 RESOLUTION 2016-169: SUPPORTING AN APPLICATION BY FLORIDA GULF COAST UNIVERSITY, THE UNIVERSITY OF FLORIDA AND OTHER INSTITUTIONS TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION'S (NOAA) NATIONAL CENTERS FOR COASTAL OCEAN SCIENCE FOR A STUDY TO PREDICT THE IMPACT OF NEAR-FUTURE SEA- LEVEL RISE AND STORM SURGE ON COLLIER COUNTY Item #16A52 DIRECTING STAFF TO PURSUE A LAND DEVELOPMENT CODE AMENDMENT TO EXAMINE A SETBACK REQUIREMENT FOR DUMPSTERS AND RECYCLING RECEPTACLES FOR COMMERCIAL, INDUSTRIAL AND MULTI-FAMILY PROJECTS FROM RESIDENTIAL USES TO ADDRESS COMPATIBILITY CONCERNS Item #16B1 APPROVAL OF CRA STAFF ATTENDANCE AT FLORIDA REDEVELOPMENT ASSOCIATION 2016 ANNUAL CONFERENCE; AUTHORIZE PAYMENT OF ATTENDEES' REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM THE BAYSHORE GATEWAY TRIANGLE TRUST FUND (FUND 187) TRAVEL BUDGET; AND DECLARE THE TRAINING TO BE RECEIVED AS SERVING A VALID PUBLIC PURPOSE - HELD OCTOBER 12-14, 2016 IN ORLANDO Item #16C1 Page 170 September 13, 2016 RESOLUTION 2016-170: APPROVING SPECIAL ASSESSMENT HARDSHIP DEFERRALS FOR CERTAIN SEWER SPECIAL ASSESSMENTS FOR THE 2016 TAX YEAR Item #16C2 AMENDMENT #1 TO CONTRACT #14-6345 "CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES FOR THE WASTEWATER BASIN PROGRAMS [MPS 101 BASIN]" WITH STANTEC CONSULTING SERVICES INC., TO ALLOW FOR A CEI FIELD OFFICE IN BASIN 101 OF THE WASTEWATER BASIN PROGRAM — OFFICE SPACE LOCATED AT 110TH AVENUE NORTH Item #16C3 APPROVAL OF A $301,990 WORK ORDER UNDER REQUEST FOR QUOTATION #14-6213-72 TO HASKINS INC., TO REHABILITATE PUMP STATION 300.04 UNDER WASTEWATER PUMP STATION TECHNICAL SUPPORT PROJECT NUMBER 70046 — LOCATED IN THE MEDIAN OF LELY PALM DRIVE AND SERVES 32 SINGLE FAMILY UNITS, 28 MULTIFAMILY UNITS AND THE LELY PALMS ASSISTED LIVING FACILITY Item #16C4 APPROVAL OF A $638,659 WORK ORDER TO DOUGLAS N. HIGGINS, INC., UNDER REQUEST FOR QUOTATION #14- 6213-71 FOR UNDERGROUND UTILITY CONTRACTING Page 171 September 13, 2016 SERVICES FOR THE CREEKSIDE BOULEVARD FORCE MAIN EXTENSION - PHASE 1, PROJECT NUMBER 70044 Item #16C5 A SOLE SOURCE PURCHASE IN THE AMOUNT OF $55,358.50 FROM E.H. WACHS COMPANY FOR A COMPLETE VALVE TURNER PACKAGE CONSISTING OF THE ERV-750 AUTOMATED VALVE OPERATOR, EXERCISOR AND REHABILITATOR, AND THE UTILITY HYDRO-VAC — FOR THE WASTEWATER DIVISION IQ WATER PROGRAM Item #16D1 RECOGNIZING INTEREST EARNINGS FROM STATE AID TO LIBRARIES GRANTS AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $459.69 TO RECOGNIZE STATE AID INTEREST EARNINGS THROUGH JUNE 30TH — TO BE REINVESTED BACK INTO THE COUNTY'S LIBRARY SYSTEM Item #16D2 AN UNDERGROUND FACILITIES CONVERSION JOINT TRENCH AGREEMENT WITH CENTURYTEL SERVICE GROUP, LLC FOR PHASES TWO, THREE AND FOUR OF THE VANDERBILT BEACH MUNICIPAL SERVICE TAXING UNIT (MSTU) AERIAL TO UNDERGROUND UTILITY CONVERSION PROJECT Item #16D3 Page 172 September 13, 2016 AWARD FOR INVITATION TO BID #16-6647 "VANDERBILT MSTU UTILITY CONVERSION INSTALLATION AND CONNECTION OF NEW UNDERGROUND CENTURYLINK NETWORK TO ELECTRICOM, LLC IN THE AMOUNT OF $347,012.55 Item #16D4 THE PURCHASE OF FOUR ADA BEACH WHEELCHAIRS FROM DEMING DESIGNS, INC. USING TOURIST DEVELOPMENT TAX FUNDS AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — FOR USE AT CLAM PASS, TIGERTAIL, BAREFOOT AND VANDERBILT BEACHES Item #16D5 THE SUBMITTAL OF A GRANT APPLICATION FOR THE FY 15/16 FEDERAL HIGHWAY ADMINISTRATION FLEXIBLE FUNDS IN THE AMOUNT OF $497,000 THROUGH THE FEDERAL TRANSIT ADMINISTRATION TRANSIT AWARD MANAGEMENT SYSTEM (TRAMS), APPROVE A BUDGET AMENDMENT AND AUTHORIZE, PRE-AWARD AND THE EXECUTION OF THE FUNDING AWARD AGREEMENT AFTER THE NEW APPLICATION IS INPUT IN TRAMS TO ALLOW CONTINUOUS OPERATION OF THE COLLIER AREA TRANSIT SYSTEM Item #16D6 Page 173 September 13, 2016 SIX 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 ADDRESSES IN IMMOKALEE: 1022 RINGO LANE, 505 8TH ST, 1208 N 18TH ST, 416 GAUNT ST, 406 11TH ST SE AND 313 S. 6TH CT. Item #16D7 FOUR RELEASES OF LIEN FOR FULL PAYMENT OF DEFERRAL OF 100 PERCENT OF COUNTYWIDE IMPACT FEES FOR OWNER OCCUPIED AFFORDABLE HOUSING DWELLING UNITS — LOCATED AT 3772 JUSTICE CIRCLE, 3720 JUSTICE CIRCLE, 13336 COVENANT ROAD AND 1435 PEACE WAY Item #16D8 FIVE MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $48,647 — LOCATED AT 13336 COVENANT ROAD, 771 94TH AVE N, 2141 41ST TERRACE SW, 1208 W 18TH STREET AND 4451 23' PLACE SW Item #16D9 THE SHIP ANNUAL REPORT AND CHAIRMAN TO SIGN THE "STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM ANNUAL REPORT AND LOCAL HOUSING INCENTIVE CERTIFICATION" FOR FY 13/14 AND INTERIM Page 174 September 13, 2016 FY 14/15 AND FY 15/16 TO ENSURE COMPLIANCE WITH PROGRAM REQUIREMENTS Item #16D10 AWARD REQUEST FOR PROPOSAL NO. 16-6567, "MUSEUM EXHIBIT DESIGN, FABRICATION AND INSTALLATION," TO CREATIVE ARTS UNLIMITED, INC Item #16D11 A DISTRIBUTION FROM THE RAYMOND JAMES TRUST, N.A., FRANZ PSCHIBUL REVOCABLE TRUST OF 1996, IN THE AMOUNT OF $579.55 TO SPECIFICALLY BENEFIT THE NAPLES REGIONAL BRANCH LIBRARY AND AUTHORIZE THE CHAIRMAN TO APPROVE THE REQUIRED RECEIPT AND NECESSARY BUDGET AMENDMENT Item #16D12 RESOLUTION 2016-171 : AFTER THE FACT APPROVAL FOR THE SUBMITTAL OF SHIRLEY CONROY RURAL AREA CAPITAL EQUIPMENT SUPPORT GRANT IN THE AMOUNT OF $123,040 TO THE FLORIDA COMMISSION FOR TRANSPORTATION DISADVANTAGED FOR THE PROCUREMENT OF REAL TIME NOTIFICATION SYSTEM AND A WEB/MOBILE APPLICATION AND AUTHORIZE THE CHAIRMAN OF THE BOARD TO SIGN THE GRANT AND ALL APPLICABLE DOCUMENTS Item #16D13 Page 175 September 13, 2016 APPROVAL OF THE SHORTLIST OF PROFESSIONAL ENGINEERING CONSULTANTS PURSUANT TO REQUEST FOR PROPOSAL NO. 16-6641, "LANDSCAPE ARCHITECT RADIO ROAD EAST MUNICIPAL SERVICE TAXING UNIT (MSTU)," TO ENTER INTO NEGOTIATIONS BETWEEN COLLIER COUNTY AND URBAN GREEN STUDIO FOR LANDSCAPE ARCHITECT SERVICES, AND TO EXTEND FY 16 PURCHASE ORDER 4500163402 TO OCTOBER 31, 2016 Item #16D14 THE SELECTION COMMITTEE RANKINGS AND AUTHORIZE ENTERING INTO NEGOTIATIONS WITH Q GRADY MINOR AND ASSOCIATES FOR A CONTRACT RELATED TO REQUEST FOR PROPOSAL NUMBER 16-6622, "BIG CORKSCREW ISLAND REGIONAL PARK." — PROVIDING ENGINEERING DESIGN, PERMITTING AND PROJECT OVERSIGHT SERVICES Item #16D15 AUTHORIZING THE NECESSARY BUDGET AMENDMENTS, IN THE AMOUNT OF $3,081,352 FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FISCAL YEAR 2016-2017 BUDGET AS APPROVED IN THE HUD ACTION PLAN FOR ENTITLEMENT FUNDS AND AUTHORIZE THE CHAIRMAN TO SIGN THE STANDARD HUD ENTITLEMENT AGREEMENTS UPON ARRIVAL — AS DETAILED IN THE EXECUTIVE SUMMARY Page 176 September 13, 2016 Item #16E1 RATIFYING PROPERTY, CASUALTY, WORKERS' COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE THIRD QUARTER OF FY 16 Item #16E2 AWARD INVITATION TO BID #16-6640R UNINTERRUPTED POWER SYSTEMS — FACILITIES MANAGEMENT DIVISION TO PRECISION POWER SERVICES, INC., SYSTEM ENGINEERING INTERNATIONAL, LLC D/B/A CRITICAL POWER USA, AND FAKOURI ELECTRICAL ENGINEERING, INC.; AND APPROVE AGREEMENT #16-6640R UNINTERRUPTED POWER SYSTEMS TO IMPLEMENT THESE AWARDS — FOR EMERGENCY POWER FOR CRITICAL COUNTY OWNED AND LEASED BUILDINGS Item #16E3 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS, SURPLUS PROPERTY AND OTHER ITEMS AS IDENTIFIED — COVERING JUNE 27, 2016 THROUGH AUGUST 12, 2016 FOR CHANGE ORDERS AND AUGUST 1, 2016 THROUGH AUGUST 18, 2016 FOR SURPLUS REPORTS Item #16E4 Page 177 September 13, 2016 AUTHORIZING THE CHAIRMAN TO EXECUTE THE HIPAA BUSINESS ASSOCIATE AGREEMENT AS REQUIRED PURSUANT TO THE TERMS OF THE INTERLOCAL AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT (DATED MARCH 22, 2016) Item #16E5 AWARD INVITATION TO BID #16-6698 PEST CONTROL — FACILITIES MANAGEMENT DIVISION, TO TRULY NOLEN OF AMERICA, INC., AND FOR THE BOARD TO APPROVE AGREEMENT #16-6698 WITH TRULY NOLEN OF AMERICA, INC. Item #16E6 AWARD REQUEST FOR PROPOSAL (RFP) #16-6597 COLLIER COUNTY JAIL MASTER PLAN TO AECOM TECHNICAL SERVICES, INC. IN THE AMOUNT OF $381,852 — ANALYSIS WILL COVER GROWTH THROUGH 2026 Item #16E7 RECOGNIZING ACCRUED INTEREST EARNED BY EMS COUNTY GRANT REVENUE AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $101.93 — FOR THE PERIOD FROM APRIL 1 THROUGH JUNE 30, 2016 Item #16E8 Page 178 September 13, 2016 AWARD JOINT RFP #16-0036, PHARMACY BENEFIT MANAGEMENT SERVICES TO ENVISION PHARMACEUTICAL SERVICES, INC., AMENDING THE EXISTING AGREEMENT FOR A TWO-YEAR TERM EFFECTIVE JANUARY 1, 2017, A SAVINGS OF $2,945,116 OVER THE EXISTING AGREEMENT Item #16F1 BOARD RATIFICATION OF SUMMARY, CONSENT AND EMERGENCY AGENDA ITEMS APPROVED BY THE COUNTY MANAGER DURING THE BOARD'S SCHEDULED RECESS. (IN ABSENTIA MEETING(S) DATED JULY 26, 2016; AUGUST 9, 2016 (RATIFICATION OF RESOLUTION 2016-172) AND AUGUST 23, 2016) JULY 26, 2016 A. RECOMMENDATION TO APPROVE AFTER-THE- FACT CONTRACTS, ATTESTATION STATEMENTS AND BUDGET TO REFLECT ACTUAL AWARD OF THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER'S DISEASE INITIATIVE, AND HOME CARE FOR THE ELDERLY GRANTS FROM AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (NET FISCAL IMPACT $119,524.44). B. RECOMMENDATION TO APPROVE THE THIRD AMENDMENT TO THE SUBRECIPIENT AGREEMENT WITH HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. AND THE FIFTH AMENDMENT TO Page 179 September 13, 2016 THE DEVELOPER'S AGREEMENT WITH BIG CYPRESS HOUSING CORPORATION INC. TO CLARIFY THE PERIOD OF PERFORMANCE TERMINOLOGY AND INCORPORATE 2 CFR PART 200 COMPLIANCE REQUIREMENTS. THESE ITEMS HAVE NO NEW FISCAL IMPACT. C. RECOMMENDATION TO PROVIDE AFTER-THE- FACT APPROVAL APPROVE THE SUBMITTAL OF AN AMENDED GRANT APPLICATION FOR THE EDA - INVESTMENTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT FACILITIES TO THE ECONOMIC DEPARTMENT ADMINISTRATION (EDA) FOR THE IMMOKALEE CULINARY AND AGRIBUSINESS ACCELERATOR. D. RECOMMENDATION TO APPROVE FIVE UNPAID INVOICES FOR PURCHASE ORDER NOS. (1) 4500160254 (IN THE SUM OF $34,200); (2) 4500165598 (IN THE SUM OF $49,697); (3) 4500165569 (IN THE SUM OF $5,850; (4) 4500164552 (IN THE SUM OF $48,780); AND (5) 4500166735 (IN THE SUM OF $49,975). E. 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 30 TO JULY 13, 2016 PURSUANT TO FLORIDA STATUTE 136.06. Page 180 September 13, 2016 F. 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. G. DENY ITEM 13C. 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 TO THE BOARD A "PAYABLES REPORT" FOR THE PERIOD ENDING JULY 20, 2016 PURSUANT TO THE BOARD'S REQUEST. THIS ITEM WAS CHANGED BY THE COUNTY MANAGER'S OFFICE AFTER IT WAS SUBMITTED FOR THE JULY 27, 2016 OFFICIAL RECORD H. RECOMMENDATION TO APPROVE AN ASSUMPTION AGREEMENT WITH DWJH, LLC D/B/A LEO'S SOD, AS IT RELATES TO THE AWARD OF ITB #13-6070R "PURCHASE AND DELIVERY OF TURF." Page 181 September 13, 2016 AUGUST 9, 2016 A. RECOMMENDATION TO REJECT THE SOLE RESPONSE RECEIVED TO RFP #16-6650 FOR HARDBOTTOM MONITORING FOR THE COASTAL ZONE MANAGEMENT, CAPITAL PROJECT PLANNING, IMPACT FEE AND PROGRAM MANAGEMENT DIVISION; AUTHORIZE THE COUNTY MANAGER TO ENTER INTO A STANDARD FORM WORK ORDER BY UTILIZING THE COMPETITIVELY BID COASTAL ZONE MANAGEMENT CONTRACT (15-6382) WITH CBI/COASTAL PLANNING AND ENGINEERING FOR A NOT-TO-EXCEED TIME AND MATERIALS PRICE OF $147,150; AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM. B. RECOMMENDATION TO APPROVE THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR SURPLUS PROPERTY. C. RESOLUTION 2016-172: RECOMMENDATION TO ADOPT A RESOLUTION RELATING TO ORDINANCE NO. 2016-06, WHICH ESTABLISHED A TEMPORARY MORATORIUM FOR CHARTER SCHOOLS WITHIN ALL COMMERCIAL, RESIDENTIAL AND ESTATES ZONED PROPERTIES, TO REAFFIRM THE BOARD'S INTENT THAT THE TEMPORARY MORATORIUM SHALL REMAIN IN EFFECT UNTIL SEPTEMBER 22, 2016. Page 182 September 13, 2016 D. REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED JUNE 30, 2016. E. 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. F. 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 JULY 14 TO JULY 27, 2016 PURSUANT TO FLORIDA STATUTE 136.06. G. DENY ITEM 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 TO THE BOARD A "PAYABLES REPORT" FOR THE PERIOD ENDING AUGUST 3, 2016 Page 183 September 13, 2016 PURSUANT TO THE BOARD'S REQUEST. H. MISCELLANEOUS CORRESPONDENCE AUGUST 23, 2016 A. RECOMMENDATION TO RECOGNIZE AND APPROPRIATE REVENUE TO THE FACILITIES MANAGEMENT DIVISION IN THE AMOUNT OF $85,285.16 FOR THE PERIOD OF JUNE 2016 THROUGH AUGUST 2016 AND APPROVE ALL NECESSARY BUDGET AMENDMENTS. B. RECOMMENDATION TO APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN A REQUIRED APPLICATION FOR FEDERAL ASSISTANCE FOR THE HOME PROGRAM. C. RECOMMENDATION TO APPROVE AND AUTHORIZE THE CHAIRMAN TO SIGN AN ADDENDUM TO AGREEMENT 13-6016 WITH BRENDA C. GARRETSON FOR SPECIAL MAGISTRATE SERVICES TO INCLUDE FACILITATION FOR VENDOR PAYMENT DISPUTE RESOLUTION. D. RECOMMENDATION TO APPROVE AN EARLY CONSTRUCTION PERFORMANCE AGREEMENT BETWEEN COLLIER COUNTY AND TT OF AIRPORT, INC. AND AN EARLY CONSTRUCTION PERFORMANCE BOND FOR EARLY Page 184 September 13, 2016 CONSTRUCTION AUTHORIZATION PERMIT PRBD20160622869, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT. E. RECOMMENDATION TO APPROVE AN AMENDMENT TO AGREEMENT FOR LEGAL SERVICES FOR THE RETENTION AGREEMENT WITH BAKER, DONELSON, BEARMAN, CALDWELL & BERKOWITZ, P.C. F. 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. G. 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 JULY 28 TO AUGUST 10, 2016 PURSUANT TO FLORIDA STATUTE 136.06. H. DENY ITEM UNTIL SUCH TIME AS THE CLERK Page 185 September 13, 2016 CERTIFIES THAT THE PAYABLES PRESENTED IN THIS REPORT HAVE BEEN PRE-AUDITED AS PREVIOUSLY SPECIFIED BY THE BOARD: TO PROVIDE TO THE BOARD A "PAYABLES REPORT" FOR THE PERIOD ENDING AUGUST 17, 2016 PURSUANT TO THE BOARD'S REQUEST. Item #16F2 AWARD A CONTRACT UNDER REQUEST FOR PROPOSAL NO. 16-6571 "IMPACT FEE STUDY" TO TINDALE-OLIVER & ASSOCIATES, INC. TO PROVIDE CONSULTING SERVICES FOR IMPACT FEES. (ESTIMATED VALUE OVER FOUR (4) YEARS IS $950,000) Item #16F3 AMENDMENT #1 TO PRO WATERCROSS CHAMPIONSHIP AGREEMENT TO EXERCISE THE RENEWAL OPTION TO HOST THE 2016 EVENT, APPROVE TOURIST DEVELOPMENT TAX CATEGORY "B" FUNDING TO SUPPORT THE PRO WATERCROSS WORLD CHAMPIONSHIPS SEPTEMBER 16-26, 2016 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — FOR PROMOTING, MANAGING AND TELEVISING THE EVENT Item #16F4 BUDGET AMENDMENTS APPROPRIATING Page 186 September 13, 2016 APPROXIMATELY $377,007,918.64 OF UNSPENT FY 2016 GRANT AND CAPITAL PROJECT BUDGETS INTO FISCAL YEAR 2017 — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F5 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY — BUDGET AMENDMENT #16-670 REGARDING BAYSHORE CRA AND BUDGET AMENDMENT #16-714 REGARDING STREET LIGHTING Item #16F6 RESOLUTION 2016-173: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET Item #16F7 APPROVAL OF TOURIST DEVELOPMENT GRANT APPLICATION AGREEMENTS FOR FY 17 CATEGORY B (MARKETING AND EVENTS GRANTS) ($83,000) AND CATEGORY C-2 (NON-COUNTY OWNED OPERATED/MUSEUMS) ($411,176) GRANTS, AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENTS, AND MAKE A FINDING THAT THIS ACTION PROMOTES TOURISM Item #16F8 Page 187 September 13, 2016 APPROVAL OF TOURIST DEVELOPMENT TAX CATEGORY B (MARKETING AND EVENTS GRANTS) FUNDING TO SUPPORT THE THREE UPCOMING FY 16 SPORTS EVENTS UP TO $24,900 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM — FOR THE NATIONS FALL STATE CHAMPIONSHIP TO BE HELD OCTOBER 21-23, 2016, SUNCOAST INVITATIONAL TO BE HELD NOVEMBER 5-6, 2016 AND THE PARADISE SHOOTOUT TO BE HELD NOVEMBER 12-13, 2016 Item #16F9 APPROVAL OF TOURISM CATEGORY B (MARKETING AND EVENTS GRANTS) FUNDING FOR THE CONTRACT BETWEEN COLLIER COUNTY AND SPIRIT PROMOTIONS FOR REIMBURSEMENT OF THE OPERATING EXPENSES FOR THE 2017 US OPEN PICKLEBALL CHAMPIONSHIPS IN THE AMOUNT OF $60,000 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — TO BE HELD AT THE EAST NAPLES COMMUNITY PARK FROM APRIL 23-30, 2017 Item #16F10 AWARD RFP #16-6611 FOR INTERNATIONAL TOURISM REPRESENTATION FOR THE UK/IRELAND TO OMMAC, LTD, AND TO DIAMONDE E.K., FOR REPRESENTATION IN THE REMAINING EUROPEAN COUNTRIES, AUTHORIZE THE CHAIR TO EXECUTE THE COUNTY ATTORNEY APPROVED CONTRACTS, AND MAKE A FINDING THAT THIS ITEM Page 188 September 13, 2016 PROMOTES TOURISM — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16F11 A WORK ORDER USING CONTRACT NO. 13-6164 TO AGNOLI, BARBER & BRUNDAGE, INC. TO DETERMINE THE FEASIBILITY AND SUITABILITY OF DEVELOPING EXISTING PARK PROPERTIES AND PRIVATELY OWNED PROPERTY FOR SPORTS TOURISM VENUES IN THE AMOUNT OF $48,240; A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM AND AUTHORIZE NECESSARY BUDGET AMENDMENT Item #16F12 THE FISCAL YEAR 2017, AGREEMENT BETWEEN THE PARTNERSHIP FOR COLLIER'S FUTURE ECONOMY, INC. ("PARTNERSHIP") AND COLLIER COUNTY IN CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC-PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE COUNTY'S ECONOMIC DEVELOPMENT EFFORTS Item #16F13 A MEMORANDUM OF AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO), AND COLLIER COUNTY TO DESIGNATE THE AREA IN AND AROUND IMMOKALEE AS A RURAL AREA OF OPPORTUNITY (RAO) AND TO APPOINT THE DESIGNATED Page 189 September 13, 2016 CONTACTS FOR COLLIER COUNTY AS IDENTIFIED IN EXHIBIT A TO THE MEMORANDUM OF AGREEMENT Item #16F14 THE FISCAL YEAR 2017, AGREEMENT BETWEEN ECONOMIC INCUBATORS, INC. AND THE BOARD OF COUNTY COMMISSIONERS IN CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC-PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE COUNTY'S ECONOMIC DEVELOPMENT EFFORTS Item #16F15 THE PROPOSED FISCAL YEAR 2017 AGREEMENT BETWEEN THE SOUTHWEST FLORIDA ECONOMIC DEVELOPMENT ALLIANCE, INC. AND COLLIER COUNTY IN CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC- PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE COUNTY'S ECONOMIC DEVELOPMENT EFFORTS Item #16G1 RESOLUTION 2016-174: EXECUTION OF SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) NUMBER ONE TO CONTRACT NO. G0615 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO PROVIDE ADDITIONAL FUNDS IN THE AMOUNT OF $41,120 TO REPLACE THE AVGAS FUEL FACILITY AT THE EVERGLADES AIRPARK, PROJECT #33454. (FISCAL IMPACT: $32,896 FDOT, $8,224 LOCAL MATCH) Page 190 September 13, 2016 Item #16G2 RESOLUTION 2016-175: EXECUTION OF SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) NUMBER ONE TO CONTRACT NO. G0594 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE ADDITIONAL FUNDS IN THE AMOUNT OF $56,121 FOR ENHANCEMENTS TO THE AVGAS FUEL FACILITY AT THE MARCO ISLAND EXECUTIVE AIRPORT, PROJECT #33450. (FISCAL IMPACT $44,897 FDOT AND $11,224 LOCAL MATCH) Item #16G3 ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT OFFER FOR $67,950 FOR THE DESIGN AND BIDDING OF THE REHABILITATION OF TAXIWAY B AT THE IMMOKALEE REGIONAL AIRPORT, AND AUTHORIZE ASSOCIATED BUDGET AMENDMENTS. (FISCAL IMPACT: $67,950 FAA AND $7,550 COUNTY.) Item #16G4 ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT OFFER FOR $152,078 TO UPDATE THE MASTER PLAN/AIRPORT LAYOUT PLAN (ALP) FOR THE IMMOKALEE REGIONAL AIRPORT, AND AUTHORIZE ASSOCIATED BUDGET AMENDMENTS. (FISCAL IMPACT: $152,078 FAA AND $16,897 COUNTY) Item #16G5 Page 191 September 13, 2016 1 ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION (FAA) GRANT OFFER FOR $508,747 FOR THE DESIGN, PERMITTING AND BIDDING OF THE EXPANSION OF THE AIRCRAFT PARKING APRON AND AIRFIELD SAFETY IMPROVEMENTS AT THE MARCO ISLAND EXECUTIVE AIRPORT, AND AUTHORIZE ASSOCIATED BUDGET AMENDMENTS. (FISCAL IMPACT: $508,747 FAA AND $56,528 COUNTY.) Item #16G6 COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE AND ADDENDUM WITH ECONOMIC INCUBATORS, INC., AT THE IMMOKALEE REGIONAL AIRPORT — ANNUAL RENT IS $2,680.20 WITH A TERMINATION DATE OF SEPTEMBER 30, 2021 Item #16H1 RESOLUTION 2016-176: APPOINTING JACOB W. WINGE TO THE CONSERVATION COLLIER LAND ACQUISITION ADVISORY COMMITTEE Item #16H2 RESOLUTION 2016-177: REAPPOINTING BRAD WILLIAM SCHIFFER TO THE BOARD OF BUILDING ADJUSTMENTS & APPEALS Item #16H3 Page 192 September 13, 2016 RESOLUTION 2016-178: REAPPOINT STEPHEN J. HRUBY AND LITHA BERGER TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE Item #16H4 RESOLUTION 2016-179: APPOINTING EDWIN S. FRYER TO THE COLLIER COUNTY PUBLIC SAFETY AUTHORITY Item #16I1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE SEPTEMBER 13, 2016 Page 193 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 13, 2016 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. DISTRICTS: 1) Heritage Bay Community Development District: Meeting Agenda 05/07/2016 Meeting Minutes 05/07/2016 2) Heritage Greens Community Development District: Meeting Agenda 05/23/2016 Meeting Minutes 05/23/2016 B. OTHER: 1) Collier County Water & Wastewater Authority: Legal Notice published May 6, 2016 for the Authority's May 9, 2016 Public Meeting &Adoption of Final Order No. 2016-02 2) Metropolitan Planning Organization: Metropolitan Planning Organization Board Meeting minutes from the meeting held on June 13, 2014 3) Request for Notice of Official Interpretation: Record of the legal notice published August 1, 2016 in Naples Daily News requesting an Official Interpretation concerning Section 3.04.D of the Collier County Land Development Code, in regards to Pine Air Lakes PUD Ordinance 2007-32 (Naples Infiniti Petition INTP-PL20160001291) 4) Southwest Florida Regional Planning Council: SWFL Regional Planning Council's FY16/17 Adopted Work Plan& Budget September 13, 2016 Item #16J1 REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE USE OF $25,000 FROM THE CONFISCATED TRUST FUNDS TO SUPPORT THE COLLIER 211 CAMPAIGN Item #16J2 - Deny Payables Report (Per Agenda Change Sheet) PROVIDING TO THE BOARD A "PAYABLES REPORT" FOR THE PERIOD ENDING AUGUST 31, 2016 PURSUANT TO THE BOARD'S REQUEST Item #16J3 RECORDING 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 AUGUST 11 TO AUGUST 31, 2016 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J4 PROVIDING 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 Page 194 September 13, 2016 SAID EXPENDITURES SERVE A VALID PUBLIC PURPOSE AND AUTHORIZES THE CLERK TO MAKE DISBURSEMENT Item #16K1 REPORT - PUBLIC HEARING REQUIREMENTS - PELICAN BAY MSTBU SPECIAL ASSESSMENTS — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16K2 A SECOND OFFER OF JUDGMENT IN THE AMOUNT OF $99,950 AND STATUTORY ATTORNEY'S FEES IN THE AMOUNT OF $7,804.50 FOR A TOTAL COST OF $107,754.50 AS FULL COMPENSATION FOR THE TAKING OF PARCEL 141RDUE NEEDED FOR THE WIDENING OF GOLDEN GATE BOULEVARD FROM WILSON BOULEVARD TO 20TH STREET EAST, PROJECT NO. 60040. (FISCAL IMPACT: $32,224.50) Item #16K3 AN AMENDMENT TO AGREEMENT FOR LEGAL SERVICES FOR THE RETENTION AGREEMENT WITH HOPPING GREEN & SAMS, P.A. — EXTENDING THE TERMS FOR TWO YEARS WITH THREE ADDITIONAL ONE YEAR RENEWAL TERMS Item #16K4 A JOINT MOTION AND PROPOSED STIPULATED FINAL JUDGMENT FOR EXPERT FEES INCURRED BY RESPONDENT EDEN INSTITUTE, IN THE AMOUNT OF $10,839.48 FOR Page 195 September 13, 2016 PARCEL 128, IN THE PENDING EMINENT DOMAIN CASE STYLED COLLIER COUNTY V. CHARLES R. KELLER, ET AL., CASE NO. 06-CA-0876, RELATING TO PROJECT NO. 60101, THE EXPANSION OF COUNTY BARN ROAD. (FISCAL IMPACT: $10,839.48) Item #17A ORDINANCE 2016-23: AMENDING ORDINANCE NUMBER 92- 23, THE WILSON PROFESSIONAL CENTER PLANNED UNIT DEVELOPMENT (PUD), AS AMENDED, TO CORRECT A SCRIVENER'S ERROR IN SECTION 4.3(13) RELATING TO MINIMUM REQUIRED SETBACKS FOR THE MONOPINE COMMUNICATION TOWER AND RELATED FACILITIES, AND TO REVISE THE MAILING ADDRESS FOR THE SPONSOR OF THE PUD, FOR THE PUD PROPERTY LOCATED AT THE SOUTHWEST CORNER OF AIRPORT-PULLING ROAD AND BAILEY LANE IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. [SE-PL20160001712] Item #17B ORDINANCE 2016-24: AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE Page 196 September 13, 2016 RESIDENTIAL RMF-6 ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE ONYX RPUD, TO ALLOW DEVELOPMENT OF UP TO 48 SINGLE FAMILY AND/OR MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE EAST SIDE OF SANTA BARBARA BOULEVARD APPROXIMATELY ONE-HALF MILE NORTH OF RATTLESNAKE- HAMMOCK ROAD IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.72± ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 06-53 AND BY PROVIDING AN EFFECTIVE DATE Item #17C RESOLUTION 2016-180: VAC-PL20150001568, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN THE DRAINAGE EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 3894, PAGES 780 THROUGH 781 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA Item #17D RESOLUTION 2016-181: APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET Page 197 September 13, 2016 Item #17E RESOLUTION 2016-182 (DISTRICT I) AND RESOLUTION 2016- 183 (DISTRICT II): APPROVING THE PRELIMINARY ASSESSMENT ROLLS AS THE FINAL ASSESSMENT ROLLS, AND ADOPT SAME AS THE NON-AD VALOREM ASSESSMENT ROLLS FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE MUNICIPAL SERVICE BENEFIT UNITS, SERVICE DISTRICT NO. I AND SERVICE DISTRICT NO. II, SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, THE CITY OF MARCO ISLAND, AND THE CITY OF EVERGLADES CITY, PURSUANT TO COLLIER COUNTY ORDINANCE 2005-54, AS AMENDED. REVENUES ARE ANTICIPATED TO BE $22,970,500 Page 198 September 13, 2016 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:32 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL DONNA FIALA, CHAIRMAN ATTEST DWIGIJBBROCK, CLERK Lip.W A a r Atte o C, t d signatd44*;;, These minutes approved by the Board on it)/It 1/(0 , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 199 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Taylor, Penny Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 Tamiami Trail East, Suite 300 WHICH I SERVE ISA UNIT OF: CITY COUNTY ❑CITY If COUNTY ❑OTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: Collier County DATE ON WHICH VOTE OCCURRED MY POSITION I5: September 13, 2016 af ELECTIVE U APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAB)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. x APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B-EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Commissioner Penny Taylor hereby disclose that on September 13 20 16 (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, Truly Nolen inured to the special gain or loss of my relative, • inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of , which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Board Agenda Item 16E5-Award ITB#16-6698 Pest Control -Facilities Management I regularly work with Truly Nolen providing professional photography services. I am filing this Form 8B based on the appearance of any potential impropriety or conflict, and I abstained from voting on the Agenda item at the regularly scheduled Board meeting on September 13, 2016. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 4.1 September 13, 2016 -, Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B-EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.