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BCC Minutes 09/27/2016 R BCC REGULAR MEETING MINUTES September 27, 2016 September 27, 2016 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, September 27, 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 C".1 /i L �. AO r ;- r), N As AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 September 27, 2016 9:00 AM Commissioner Donna Fiala, District 1 — BCC Chair Commissioner Tim Nance, District 5 —BCC Vice-Chair; CRAB Chair Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair Commissioner Tom Henning, District 3 — PSCC Representative Commissioner Penny Taylor, District 4 — CRAB Vice-Chair; TDC Chair NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF Page 1 September 27,2016 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. Invocation by Pastor Jim Thomas of East Naples United Methodist Church 2. AGENDA AND MINUTES A. Approval of Today's Regular, Consent and Summary Agenda as Amended (Ex Parte Disclosure Provided by Commission Members for Consent Agenda). Page 2 September 27,2016 B. September 8, 2016 BCC/Budget Hearing Meeting Minutes 3. SERVICE AWARDS - EMPLOYEE A. 20 YEAR ATTENDEES 1) Diana Compagnone, Building Review & Permitting 2) Carla Fogle, Utilities Finance 3) Mario Garcia, Wastewater 4) Keith Maycroft, Road Maintenance 5) Pedro Rodriguez, Road Maintenance 4. PROCLAMATIONS 5. PRESENTATIONS A. Recommendation to recognize Tonia Spangler, Applications Analyst, Growth Management Department as the August 2016 Employee of the Month. 6. PUBLIC PETITIONS Item #7 to be heard no sooner than 1:00 pm unless otherwise noted. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS Page 3 September 27,2016 A. Direct County Attorney to use any necessary legal recourse to enforce the Board of County Commissioner's 2003 agreement with the South Florida Water Management District mandating all roads in the Picayune Strand State Forest are to remain open for free public access to the preserve and to authorize the Board Chairman to submit a letter of explanation to the Governor on SFWNID refusal to maintain the Picayune roadways. 11. COUNTY MANAGER'S REPORT A. 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 pursuant to the terms of the 1983 GAC Land Trust Agreement. (Len Price, Administrative Services Department Head) B. Recommendation to review the status of the 2016 Collier County Restore Comprehensive Watershed Improvement Plan and to approve moving forward with Restore funding applications and continue project execution. (Gary McAlpin, Coastal Zone Management) C. Recommendation to accept an update on work completed to date and to seek Board approval to proceed with Phase II of the analysis of establishing a Stormwater Utility - an alternative user fee based funding source for ongoing and future Collier County Stormwater Management related initiatives and operations. (David S. Wilkison, P.E., Growth Management Department Head) D. Recommendation to approve the updated landscaping Best Management Practices for the Landscape Beautification Master Plan, the addition of Radio Road East (Santa Barbara to Davis Blvd.) in fiscal year 2017, and updated ranking of project installation. (David S. Wilkison, P.E., Growth Management Department Head) E. Recommendation to complete the Annual Performance Appraisal for the County Manager. (Leo E. Ochs, Jr., County Manager) F. Recommendation that the Board of County Commissioners extend the County Manager Employment Agreement with Leo E. Ochs, Jr., fixing the end date of the third extension term as September 30, 2019. (Leo E. Ochs, Page 4 September 27,2016 Jr., County Manager) 12. COUNTY ATTORNEY'S REPORT A. The Annual Performance Appraisal for the County Attorney B. Recommendation that the Board of County Commissioners extends the County Attorney Employment Agreement to September 30, 2019. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1) Recommendation to approve and authorize the Chairman to execute Contract No. 16-6561 "Design Services for Marco Executive Airport Terminal" in the not-to-exceed amount of$1,209,298 to Atkins North America. 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 a Florida Department of Transportation (FDOT) Funded Agreement (Financial Management No. 437103-1- 88-01), "Collier Traffic Management Center (TMC) Operations (OPS) Page 5 September 27,2016 Fund County Wide", with the FDOT wherein FDOT will reimburse Collier County on an annual basis for the cost of monitoring, documenting and reporting signal timing changes along regionally significant corridors as determined by the County and FDOT in State Fiscal Years 2017 through 2021, in the total amount of$384,750. 2) Recommendation to approve final acceptance and unconditional conveyance of the water and sewer utility facilities for Fiddler's Creek, Marsh Cove Phase 1, PL20140001994, and to authorize the County Manager, or his designee, to release the Final Obligation Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent. 3) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Saturnia Falls —Phase One, Application Number AR-6124 with the roadway and drainage improvements being privately maintained, authorizing the release of the maintenance security and accepting the plat dedications. 4) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$7,997, to Toll Brothers, Inc., which was posted as a guaranty for Site Development Plan (SDP) Number AR-8928 for work associated with Firano at Naples Clubhouse. 5) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Quarry Phase 6, Application Number PL20140000127 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 6) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$50,460 to KE Talis Park Properties, LLC., Which Was Posted As a guaranty for Excavation Permit Number 60.089-4, PL20150000146, for work associated with Corsica at Talis Park. 7) Recommendation that the Board approves and authorizes the Chairman to sign a Collier County Landscape Maintenance Page 6 September 27,2016 Agreement ("Agreement") between Collier County and the Raffia Preserve Master Association, Inc. for landscape and irrigation improvements within the Pristine Drive and Wolfe Road public Rights-of-Way. 8) Recommendation that the Board of County Commissioners (Board) approves and authorizes the Chairman to sign a Collier County Landscape Maintenance Agreement ("Agreement") between Collier County and the Avery Square Homeowners Association, Inc., ("Association"), for landscape and irrigation improvements within the Airport-Pulling Road public Right-of-Way. 9) Recommendation to approve an Interlocal Agreement with the City of Naples for a joint stormwater and sanitary sewer project between Goodlette-Frank Road and US-41 and direct the County Manager to prepare and issue a Request for Proposals for the engineering design and post design services for the joint project. (Project No. 60142) 10) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$30,561 to Bristol Pines, LLC, as successor to Waterways Joint Venture IV which was posted as a guaranty for Excavation Permit Number 59.920-1, PL20110002180 for work associated with Bristol Pines Phase II. 11) Recommendation to approve the release of a code enforcement lien with an accrued value of$554,500 for payment of$450 in the code enforcement action entitled Board of County Commissioners v. Guadalupe Peralez, Code Enforcement Board Case No. CEPM20090008057 relating to property located at 5084 23rd Court SW, Collier County, Florida. 12) Recommendation to approve the release of a code enforcement lien with an accrued value of$12,450 for payment of$450 in the code enforcement action entitled Board of County Commissioners v. Pierino and Loreta Pensenti, Code Enforcement Board Case No. CEROW20100017549 relating to property located at 4110 3rd Avenue SW, Collier County, Florida. Page 7 September 27,2016 13) Recommendation to approve the release of a code enforcement lien with an accrued value of$150,769.83 for payment of$869.83 in the code enforcement action entitled Board of County Commissioners v. Debbi J. Maschino, Code Enforcement Board Case No. 2004061160 relating to property located at 265 Rose Boulevard, Collier County, Florida. 14) Recommendation to approve the release of a code enforcement lien with an accrued value of$17,330.86 for payment of$450 in the code enforcement action entitled Board of County Commissioners v. Martha Mendez-Cruz, Code Enforcement Board Case No. CESD20110014160 relating to property located at 3525 47th Avenue NE, Collier County, Florida. 15) Recommendation to approve an easement agreement for the purchase of a road right-of-way, drainage, and utility easement (Parcel 365RDUE) and a temporary driveway restoration easement (Parcel 365TDRE) required for the expansion of Golden Gate Boulevard from 20th Street East to east of Everglades Boulevard (Project#60145). Estimated Fiscal Impact: $13,308. 16) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Riverstone—Plat Five, Application Number 20130000785 with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications and authorizing the release of the maintenance security. 17) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Riverstone —Plat Six, Application Number 20130002629, with the roadway and drainage improvements being privately maintained; acceptance of the plat dedications and authorizing the release of the maintenance security. 18) Recommendation to award Bid #16-6599 to Infinite Construction, LLC for the "East Naples Sidewalk Improvements" project for construction of sidewalk improvements on the west side of Lombardy Lane from Thomasson Drive for approximately 700 feet north and the east side of Orchard Lane from Thomasson Drive to Outer Drive in Page 8 September 27,2016 the amount of$269,817.78, Project #33460. 19) Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of Tract "R", Creekside Boulevard right- of-way, being a part of Creekside Commerce Park West-Unit Two, Plat Book 35, Page 43 of the Public Records of Collier County, Florida, located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (VAC-PL20160002294) 20) Recommendation to adopt a Resolution to hold a public hearing to consider vacating Tract RW4, an approximately 100-foot wide, 1,300- foot long tract dedicated to the County for future right-of-way according to Naples Heritage Golf and Country Club Phase One, Plat Book 26, Page 73 of the Public Records of Collier County, Florida. The subject property is located approximately 1/2 mile east of Santa Barbara Blvd., and 1 mile south of Davis Blvd, in Section 9, Township 50 South, Range 26 East, Collier County, Florida (VAC- PL20160001403). 21) Recommendation to approve a Transportation Post Project Maintenance Agreement with the Florida Department of Transportation (FDOT), for the maintenance of sidewalk and traffic improvements located between Trail Boulevard and the east side of U.S. 41 from north of Pine Ridge Road to south of Pelican Bay Boulevard N. upon completion of the FDOT improvements project, Financial Project No. 435040-1-52-01, and a Resolution authorizing the Chairman to sign the Agreement. 22) Recommendation to extend the temporary moratorium to April 11, 2017, on the acceptance, processing, and consideration of applications for development orders involving the conversion of lands zoned for golf course use and to accept white paper prepared by staff providing recommendations for Land Development Code (LDC) Amendment concepts. 23) This item has been continued to the October 25, 2016 BCC Meeting. Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the east end of Mainsail Drive right-of-way, being a part of Marco Shores Unit One, Plat Book Page 9 September 27,2016 14, page 33 of the Public Records of Collier County, Florida, located in Section 26, Township 51 South, Range 26 East, Collier County, Florida (VAC-PL20160000379). B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve an amendment to Resolution No. 2001- 98, reducing the size of the Advisory Committee; defining the member affiliation requirements and updating applicable sections of the Bylaws For the Immokalee Community Redevelopment Agency (CRA) Local Advisory Board. 2) Recommendation that the Immokalee Community Redevelopment Agency (CRA) approve the attendance of one Immokalee Advisory Board member and the Immokalee CRA staff at the Florida Redevelopment Association 2016 Annual Conference; authorize payment of attendees' registration, lodging, travel and per diem from the Immokalee CRA Trust Fund (Fund 186) travel budget; and declare the training received as serving a valid public purpose. 3) Recommendation to direct the County Attorney to work with Staff to advertise and bring back to the Board for a Public Hearing an Ordinance to implement a temporary Moratorium to stay the receipt of new applications for development orders for facilities with fuel pumps, including gas stations, along the US 41, Airport Road and Davis Boulevard corridors within the Bayshore/Gateway Community Redevelopment Area (CRA), while CRA staff updates its Redevelopment Plan and alternate land development regulations are prepared and vetted. 4) Recommendation to accept the "Height Notice" as required in Section 7.c. and replace Exhibit E, amending the density and updating the site plan, of the Real Estate Purchase Agreement dated May 9, 2016 between Real Estate Partners International, LLC (Purchaser) and the Board of County Commissioners (Seller), acting as the authority for Bayshore/Gateway Triangle Redevelopment Area. C. PUBLIC UTILITIES DEPARTMENT Page 10 September 27,2016 1) Recommendation to approve a $705,600 work order under Request for Quotation #14-6213-73 to Mitchell & Stark Construction Company, Inc., for the North County Regional Water Treatment Plant Odor Control Blowdown Sulfuric Acid Bulk Tank and Lift Station Project #70104. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to approve the purchase and installation of LED sports lighting from Musco Lighting, Inc. at Golden Gate Community Park in the total amount of$520,000, and; Waive competition for this single source vendor, Project No. 80319. 2) Recommendation to accept the Conservation Collier 2015 Annual Report and Provide the Board of County Commissioners and public with an update on the Program's past activities. 3) Recommendation to approve a work order using Contract No. 13- 6164 to BSSW Architects, Inc. for design and permitting of the shade structure over the championship courts at East Naples Community Park for the 2017 US Open Pickleball Championship; authorization of necessary budget amendment; and make a finding that this expenditure promotes tourism. 4) Recommendation to approve and authorize the removal of uncollectible receivables in the amount of$5,381.29 from the financial records of the Parks and Recreation Division in accordance with Resolution No. 2006-252 and authorize the Chair to execute attached Resolution. 5) Recommendation to authorize the Golden Gate Beautification Municipal Service Taxing Unit (MSTU) to accept a donation of Paver Bricks and Installation for the base of a flag pole project being coordinated with the Boy Scouts of America (BSA) as an Eagle Scout merit badge achievement. 6) Recommendation to accept a Federal Transit Administration Section 5310 Grant award in the amount of$457,557, authorize the necessary budget amendments, and approve the purchase of four paratransit Page 11 September 27,2016 vehicles and radios using those funds. 7) Recommendation to reject the sole response received for Request for Proposal No. 16-6632 East Naples Community Park Concession. 8) Recommendation to award a work order using the Annual Contract for Professional Services for Engineers and Architects Contract#13- 6164 to AECOM Technical Services, Inc. for the Clam Pass Beach Park Electrical Upgrade and make a finding that this expenditure promotes tourism. 9) Recommendation to approve the FY2016-2017 State Aid to Libraries Grant Agreement, Technology Plan, and Current Year Action Plan, authorizing the Collier County Public Library to apply for State Aid to Libraries in the estimated amount of$222,978. 10) Recommendation to award a work order using fixed term Contract Number 13-6164 to Q Grady Minor & Associates, P.A., in the amount of$27,055, for the Design and Permitting of the Barefoot Beach Toll Booth replacement and make a finding that this expenditure promotes tourism. 11) Recommendation to approve the expenditure of Category "A" Beach Park Facility Tourist Tax Funds, award Invitation to Bid (ITB) #16- 6673R for South Marco Parking Lot and Beach Access improvements in the total amount of$263,309.91, approve the necessary budget amendment, and make a finding that these expenditures promote tourism. 12) Recommendation to approve the expenditure of Category "A" Beach Park Facility Tourist Tax funds for repair of the boardwalk at South March Beach Access for $14,500, award request for quote (RFQ) to DSI Marine Construction, and make a finding that this expenditure promotes tourism. 13) Recommendation to approve "after-the-fact" Amendments and Attestation Statements with Area Agency on Aging for Southwest Florida, Inc. for the Community Care for the Elderly, Alzheimer's Disease Initiative and Home Care for the Elderly programs and Page 12 September 27,2016 authorize Budget Amendments to reflect the final FY 15/16 grant funding amount (Net Fiscal Impact $8,984.01). 14) 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). 15) Recommendation to approve "after-the-fact" Amendment and Attestation Statements to the Community Care for the Elderly, Alzheimer's Disease Initiative and the Home Care for the Elderly programs with Area Agency on Aging for Southwest Florida, Inc. for Services for Seniors programs (No Fiscal Impact). 16) Recommendation to approve Category B Tourist Development Tax funding to the University of Florida Extension Service to conduct an eco-tourism training assessment for Collier County Convention and Visitors Bureau and make a finding that this expenditure promotes tourism. 17) Recommendation to approve a Second Amendment to the Collier County Senior Resource Center Ground Lease. 18) Recommendation to recognize FY 2016/2017 State Public Transit Block Grant additional revenue up to $873,928, authorize the County Manager or his designee, the Public Services Department Head, to execute the notification of funding award and approved appropriate budget amendment to prevent delay of the use of grant funds for the Collier Area Transit system. 19) Recommendation to approve Change Order #1 in the amount of $5,683 to Q Grady Minor & Associates, PA to obtain the required permits for the City of Marco Island for the Tigertail Restroom addition and make a finding that this expenditure promotes tourism. E. ADMINISTRATIVE SERVICES DEPARTMENT Page 13 September 27,2016 1) Recommendation to award Group Vision insurance to Vision Service Plan (VSP) for a two year period effective January 1, 2017 in the estimated annual amount of$57,857.76 . 2) Recommendation to approve the purchase of Flood Insurance for Fiscal Year 2017 in the estimated amount of$381,307. 3) Recommendation to approve the purchase of Liability, Automobile, Workers' Compensation, Aircraft, Airport and other insurance coverage for FY 2017 in the estimated amount of$928,062. 4) Recommendation to approve and adopt a Resolution approving the Pay and Classification Plans for the County Manager's Agency and County Attorney's Office effective October 1, 2016; to provide for a general wage adjustment of 3% effective on October 1, 2016; and to approve the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed Pay and Classification Plans, from July 1, 2016 forward, using the existing "Archer" point-factor job evaluation system. 5) Recommendation to authorize the County Manager and staff, in accordance with the County's Procurement Ordinance 2013-69 as amended, to use the allowable Federal GSA schedules (ex: Schedule 70 and 1122 Program), the State of Florida Contracts, Agreements and Price Lists, competitively solicited contracts by US Communities, Western States Contracting Alliance, National Intergovernmental Purchasing Alliance (NIPA), National Joint Powers Alliance (NJPA) public purchasing consortiums, competitive solicitations from State of Florida cities, counties, school districts and other public municipalities (i.e., Sheriff's Association; Transit Consortium Bus Procurement Contract; Library Purchasing Cooperative Consortium) for the efficient purchase of goods and services for the delivery of public services and for which funds were approved in operating budgets; and authorize the County Manager or their designee to sign user agreements or contracts associated with these purchases. 6) Recommendation to approve and authorize the Chairman to execute the Fifth Amendment to the Agreement for Medical Examiner Services (Contract No. 11-5776 Medical Examiner) which will extend Page 14 September 27,2016 the term of the Agreement to September 30, 2017. 7) Recommendation to approve Change Order #001 for Life Safety Upgrades in the amount of$197,476.06 to DEC Contracting Group, Inc. for Contract #15-6488, Courthouse 1st Floor Renovations, an element of Courthouse Renovations Project #50116. 8) Recommendation to accept ongoing donations of both flags ($50) and flag poles ($1,600)to be installed at selected Collier County Government locations, as determined by the County Manager, subject to budgetary limits or conflicts at the time of donation, from Woodmen of the World Omaha Woodmen Life Insurance Society A.K.A Woodmen Life. 9) Recommendation to approve the procurement of educational training programs for staff; authorize the Chairman to execute an agreement with the Florida Gulf Coast University (as provided through its affiliate, the Florida Institute of Government); and waive competition in the best interest of the County as authorized in Ordinance No. 13- 69, as amended. 10) Recommendation to award RFP #16-6649 to Gaumard Scientific for the purchase of a Human Patient Simulator and related products in the amount of$79,321. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve a Release of Lien for Lucy Zuniga/Lucy Salon, Inc. due to the impact fees being paid in full in accordance with the Agreement for Fee Payment Assistance Program and the Amendment to Agreement for Fee Payment Assistance Program. 2) Recommendation to approve a transfer of transportation impact fee credits in the amount of$116,044.30, held by Berkshire Equity, LLC, for the Berkshire Common Parcels 3A and 3B development to the Thomasson Place development. 3) Recommendation to approve an Interlocal Agreement with the North Collier Fire Control and Rescue District to assist and cooperate with Page 15 September 27,2016 the District in collecting the District's impact fees. 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2015-16 Adopted Budget. 5) Recommendation to 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 approve an Agreement between the Board of County Commissioners and Project Ice for the Advanced Long-term Productivity Program ("ALPS") Economic Incentive Award, consistent with the Board's prior approval of Project Ice as a qualified applicant for this award. G. AIRPORT AUTHORITY 1) Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of Joint Participation Agreement Contract No. GOE50 with the Florida Department of Transportation to fund the design, permitting and bidding of a new terminal facility with associated entrance, parking, and related safety improvements at the Marco Island Executive Airport (Fiscal Impact $783,900 FDOT and $217,628 County) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Tax Collector request for advance commissions in accordance with Florida Statute 192.102(1) for FY 2017. 2) Recommendation to provide approval to designate the Sheriff as the official applicant and point of contact for the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) FY16 Local Page 16 September 27,2016 Standard grant, authorize after the fact, the submission of the application (submitted on August 22, 2016), accept the grant when awarded, approve associated budget amendments and approve the Collier County Sheriffs Office to receive and expend 2016 JAG Standard grant funds. 3) To provide the special interim reports for approval as detailed in Section 2c of the agreed-upon order dated July 16, 2015 by Judge James R. Shenko in the manner requested by the Board of County Commissioners (previously included in item 16.I), and that prior to payment, the Board approves these expenditures with a finding that said expenditures serve a valid public purpose and authorizes the Clerk to make disbursement. 4) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between September 1 to September 14, 2016 pursuant to Florida Statute 136.06. 5) To provide to the Board a "Payables Report" for the period ending September 14, 2016 pursuant to the Board's request. K. COUNTY ATTORNEY 1) Recommendation to appoint a member to the Growth Management Oversight Committee. 2) Recommendation to approve a proposed Joint Motion for Stipulated Final Judgment in the amount of$19,800 in total compensation for the taking of Parcel 242RDUE in the pending Eminent Domain case styled Collier County v. Octavio M. Alfonso, et al., Case No. 15-CA- 230, required for the widening of Golden Gate Boulevard from Wilson Boulevard to 20th Street E., Project No. 60040. (Fiscal Impact: $11,140) 3) Recommendation to approve a proposed Joint Motion for Stipulated Final Judgment in the amount of$22,900 in total compensation for the taking of Parcel 251RDUE in the pending Eminent Domain case Page 17 September 27,2016 styled Collier County v. Pedro E. Pena, et al., Case No. 15-CA-350, required for the expansion of Golden Gate Boulevard from west of 16th Street East to 18th Street East, Project No. 60040. (Fiscal Impact: $15,570) 4) Recommendation that the Board of County Commissioners reviews and approves the proposed FY 2016 - 2017 Action Plan for Jeffrey A. Klatzkow, County Attorney. 5) Recommendation to reject Second Offer of Judgment in the amount of $63,635 including all attorney's fees, expert witness fees and costs as full compensation for the taking of Parcel 196RDUE needed for the widening of Golden Gate Boulevard from 8th Street East to 12th Street East, Project No. 60040. (Fiscal Impact: $0) 17. SUMMARY AGENDA - This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. Recommendation to Adopt an Ordinance establishing the Fronterra Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. 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 Vincent Acres RPUD, PUDZ-PL20150001945-An Ordinance amending Ordinance Number 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 Page 18 September 27, 2016 zoning atlas map or maps by changing the zoning classification of the herein described real property from a residential multi-family-12 district (RMF-12 (10)) zoning district to a Residential Planned Unit Development (RPUD) zoning district for the project to be known as the Vincent Acres RPUD, to allow construction of a maximum of 85 single-family residential dwelling units or 118 townhouse residential dwelling units on property located west of Collier Boulevard at the southwest corner of Davis Boulevard and Market Street in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 16.8 +/- acres; providing for partial repeal of Ordinance No. 93-73; and by providing an effective date [PUDZ- PL20150001945]. C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2015-16 Adopted Budget. D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2016-17 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 19 September 27,2016 September 27, 2016 MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN FIALA: Thank you very much. I would tell everybody to take their seats, but they already did. So with that, now that you're seated, would you stand with me, please. We're going to hear the prayer and then the Pledge of Allegiance. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE MR. OCHS: Our invocation this morning will be given by Pastor Jim Thomas of the East Naples United Methodist Church. PASTOR THOMAS: May we pray. Lord, we come before you humbly this morning offering our prayer with the help of your spirit. Father, we come here in this year where choices and decisions must be made giving thanks to you for the ability to make choices and decisions; that you love us enough, Dear Lord, to give us the opportunities to decide for ourselves to follow a path that we hope is led by you. Lord, as we come today, we pray that the choices, the decisions that are made are within your will. We thank you, Dear Lord, and pray that what is done is done to reflect love for you and love for others. And, Father, we pray this humbly in your name. Amen. CHAIRMAN FIALA: And with that, would you put your hands over your hearts, please, and say with me... (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you. Welcome, everyone. We are sure happy to see you here today. We hope you stay with us for the whole meeting. That would be wonderful. Somehow I have a funny feeling you won't. Page 2 September 27, 2016 With that, Leo, would you like to take over from here? Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA) - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Yes, ma'am. Good morning, Madam Chair and Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of September 27, 2016. The first proposed change is to move Item 16D1 from your consent agenda to become Item 11G under the County Manager's report. This is a recommendation to approve the purchase and installation of sports lighting at the Golden Gate Community Park. This is moved at Commissioner Taylor's request. And the next proposed change is to deny Item 16J5 until such time as the Clerk certifies that the payables in this report have been pre-audited as previously specified by the Board. That is a staff request. We have one time-certain, Commissioners. That is Item 11D regarding the landscape beautification master plan best management practices item to be heard at 11 a.m., and that is at Commissioner Fiala's request. Commissioners, I will remind the public that Item 7, public comment on general topics not on the current or future agenda, is to be heard no sooner than 1 p.m. or at the conclusion of the agenda, whichever occurs first. CHAIRMAN FIALA: Leo, excuse me for interrupting you. I thought that was going to be 10 a.m. Page 3 September 27, 2016 MR. OCHS: I'm -- yes, it is 10 a.m. My mistake, ma'am. CHAIRMAN FIALA: Okay. MR. OCHS: Thank you. And advertised public hearings, Item 9 on the agenda, also to be heard no sooner than 1:30 p.m. or at the conclusion of the agenda, whichever occurs first. And those are all the changes I have this morning, Madam Chair. CHAIRMAN FIALA: Thank you very much. County Attorney? MR. KLATZKOW: No changes, ma'am. CHAIRMAN FIALA: Okay. Very good. Let me start with Commissioner Taylor. Do you have any corrections, additions, changes, or anything on this agenda? COMMISSIONER TAYLOR: Not at all. CHAIRMAN FIALA: Any ex parte? COMMISSIONER TAYLOR: Yeah. Ex parte would be, I believe, on the summary agenda, and it's regarding Vincent Acres. I had a telephone call regarding this with Habitat for Humanity. I also have received -- more than one, but specifically about this from the same person, I think Lenore Meurer, I received an email from her, and that's all I have. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: No further changes, Madam Chair. I have no ex parte on today's agenda other than the summary agenda, Item 17B, like Commissioner Taylor, on Vincent Acres where I've read the staff report. I've had meetings with staff and discussions with members from Habitat and a few emails from the public. Other than that, nothing else. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: Good morning. No changes to today's agenda. 17B, I received phone calls, and that's it. Page 4 September 27, 2016 CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: No changes. No disclosures. CHAIRMAN FIALA: Very good. And for myself, I wanted to pull 17B. I met also with the people from Vincent Acres, except that at the time I hadn't seen their backup material. I was still reading at 11 :30 last night, and there were a few questions I had to ask, so I would like to pull that off and be able to ask them those questions today. I had nobody to reach at 11:30 last night, although, probably if I would have called you, Leo, I would have been able to get you. MR. OCHS: Yes, I think you would have, ma'am. Thank you. CHAIRMAN FIALA: And I have -- so then under disclosures, I will say them when 17B comes in front of us. MR. OCHS: Commissioners, that item, then, would become Item 9A on your agenda this morning. CHAIRMAN FIALA: Okay, very good. Other than that, I have no other disclosures, corrections, or additions. May I have a motion to approve the agenda? MR. MILLER: Madam Chair, I do have a registered speaker for a consent-agenda item that just came in. 16A22, Diane Hartnett. If you'd come to the podium and speak, ma'am. Please, state your name for the record. MS. HARTNETT: My name is Diane Hartnett. I am President of Lakewood Country Club, and I've come to speak on your 16A22, the extended moratorium. Hello, Donna. CHAIRMAN FIALA: Hi. MS. HARTNETT: First of all, allow me to say that when one of our members, or our board members, talked to Donna, we were told that the moratorium would end and that there would be no extension to address the problem. There is, from what I understand, a shortage of Page 5 September 27, 2016 single-family dwellings in Naples. You have allowed high-rise condominiums, but no single-family dwellings. Lakewood community, we presented an option to them -- in order to preserve our country club, we presented an offer to them for $8.77 a month. It would ensure that we became like a bundled community, and there would be no further sale of Lakewood Country Club. They rejected it -- CHAIRMAN FIALA: Who is "they"? MS. HARTNETT: -- for $8.77 a month. They decided that they didn't care whether or not their property values were -- stayed the same or even rose. The area around Lakewood Country Club is already zoned for single-family dwelling. We had a buyer who was interested in keeping our 18-hole golf course is -- all he wanted to do was to build a few single-family dwellings along the outlining area of the golf course. Your moratorium prevented that. If we continue as we're going now and there is no opportunity for us to sell our property, the country club cannot continue to sustain itself; therefore, it will end up going into bankruptcy. You will have another situation like you had at Ironwood, or now known as Evergreen, only in a wider scale. Since the community didn't seem to care, I don't know why that the commissioners would care, especially since all it would do was add more income property for the county, more in taxes, more people. We also would like to say that we feel that by imposing this moratorium, once again, that you are infringing on our right to sell property. Our members have already agreed. Thank you. CHAIRMAN FIALA: Leo, I'm not -- I'm not real well versed on this, even though I live there, but I'd never received anything for $8.99 a month -- MS. HARTNETT: Seventy-seven. Page 6 September 27, 2016 CHAIRMAN FIALA: -- or even $10 or $100. You know, I think we should all chip in. But I know -- I don't -- I think they're just meaning to convert it to homes, but maybe there are other people wanting to buy it as a golf course and have it remain there. Actually, I've actually heard of a couple people, truly. And, also, I've just gotten message from Riviera Golf Estates, Riviera County -- well, Riviera. There's somebody swirling around wanting also to convert that also to homes. Then, of course, we have the Golden Gate place wanting to convert it to homes. There are a lot of areas that want to -- you know, there's a lot more money in, you know, piling up a bunch of homes, especially if you have two and three stories. There's a lot of money to be made; whereas, there's not a lot of money to be made on a golf course and yet, in my opinion only, I think it's an essential part of our community to have golf courses, not only for the public to access at any time, and good golfers but also maybe seniors who want to have a smaller golf course just like the Lakewood one. That course is in beautiful shape, and it runs well. And I do know -- and you've probably heard that there's a group out there working at trying to buy it right now and -- but keeping it as a golf course. MS. HARTNETT: I -- may I speak? CHAIRMAN FIALA: Sure. MS. HARTNETT: Oh, I understand. We've been contacted by the Naples -- no, community -- some group that they want to have the county buy the golf course, which we would think would be wonderful. I mean, if the county wants to buy it, great, we're willing to sell it to them; however, as an individual buyer, as I said, we've had a number of individual buyers looking at the property, but when the moratorium went in, that was the end of it. And the only one that wanted to keep it as a golf course was the one that we had been dealing with extensively, and I believe that they put a proposal in front of Page 7 September 27, 2016 Planning Commission. It was for single families, not double, two stories, but single families that would keep in the same type of homes that are already there. I mean, this moratorium -- could you think of amending that moratorium? CHAIRMAN FIALA: Right now it's extended to April; April 11th, I believe it is, right? MR. OCHS: That's correct. MS. HARTNETT: So it was already decided before I came here? COMMISSIONER TAYLOR: No, ma'am. We haven't voted on it yet. CHAIRMAN FIALA: That's what it's been set all along. MS. HARTNETT: I believe it was -- wasn't it November? CHAIRMAN FIALA: I don't know the -- MR. OCHS: Yes, yes. We had a six-month moratorium set to expire, and this item on the agenda is to extend that moratorium -- CHAIRMAN FIALA: To the April 11th? MR. OCHS: -- to April to allow staff to vet potential Land Development Code amendments regarding this subject that the Board directed us to do in July of this year. CHAIRMAN FIALA: Okay. Thank you. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: So right now this is on the agenda, and -- well, let me hear from anybody else. I think that -- I think that this is too hot a subject and it touches too many people's properties for us -- MS. HARTNETT: Is it possible for you to put in a moratorium on no building higher than one story, single-family homes only; you can't do that? You have to say that it's got to be all or nothing, that you -- if somebody wants to build 10 stories high -- I believe that there was one that was going to go up 200 feet or something -- that you can't restrict building to just single-family homes, but you can restrict building, period? Page 8 September 27, 2016 CHAIRMAN FIALA: Well, I don't think this is a time for us to discuss this right now. Do we want to bring something like this back to discuss what can be built or -- but let me hear from the other Commissioners. I shouldn't be the only one talking. Commissioner Henning has a golf course in his community that he would want to be considering. Oh, and Commissioner Nance. COMMISSIONER NANCE: Ma'am, I think we've talked about this superficially a number of times, and I think it's been everybody's considered opinion that it's a very complicated issue. There's a lot of issues at hand. There's a lot of stakeholders. There's a lot of people that have very strong opinions one way or another. And the Board has asked the staff to work up the item, come back with a body of information for consideration, and I think all this item does is allow staff to do that so they can bring back to the Board a packet of information that's comprehensive and addresses the issue and allows a good decision to be made with all the facts. So I'm going to continue to support it and allow staff to do what we've asked them to do. We have to give them sufficient time. And it's not a simplistic issue. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: Are we sure that these moratoriums or moratoria, or however you want to call them, are constitutional? Are they legal? MR. KLATZKOW: Ma'am, they are legal, they are constitutional, and they are specifically contemplated by the Bert Harris Act. CHAIRMAN FIALA: Oh. COMMISSIONER HILLER: And how is that so? MR. KLATZKOW: Because the Bert Harris Act allows you to do a moratorium up to one year. COMMISSIONER HILLER: For what reason? Page 9 September 27, 2016 MR. KLATZKOW: For reasons such as this: You're trying to figure out future land use in a changing times. COMMISSIONER HILLER: Okay. I just want to make sure that's on the record. MS. HARTNETT: Pardon me. What constitution is that? MR. KLATZKOW: That would be the U.S. Constitution, ma'am. MS. HARTNETT: The U.S. Constitution? CHAIRMAN FIALA: Thank you very much, ma'am. I appreciate you coming forward and presenting your feelings on this. MS. HARTNETT: Thank you, Commissioners. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Just before -- I'm thinking that we need more time, obviously, or we would not -- we would be here hearing this issue, because it is very, very complicated. I know from your point of view there's a solution that you want, and I can respect that. But given Naples the way it is and given the need for housing, I doubt that serious folks would go away with a sunset for a moratorium. That being said, I'm sure staff will work as quickly as they can to bring back -- to research it so the answers are going to stick, because the worst thing we can do is rush through this and then suddenly something comes from left field and it's unintended consequences. So I appreciate your concern. I share your -- I'm empathetic with your agony over this. But please know that we are working on it. It's not sitting on a shelf somewhere. And the date is what, April? CHAIRMAN FIALA: April 11th. COMMISSIONER TAYLOR: If not before, and then we'll have -- it will be fully aired in a hearing. And you -- in fact, your neighborhood will have lots of time to develop and to understand what's going on, because we could keep you posted, I'm sure. CHAIRMAN FIALA: You can always sell the golf course to Page 10 September 27, 2016 somebody who wants to keep it a golf course. The moratorium doesn't affect that. COMMISSIONER TAYLOR: That's right. CHAIRMAN FIALA: It can stay as a golf course. It just can't be converted into homes, because we have to figure out -- you know, they can tell you it's just single-story, and then lo and behold they make a -- you know, a request to make it triple story or whatever and so forth. You never can tell what it's actually going to turn out to be. You have no idea what goes on. COMMISSIONER TAYLOR: We don't know that we can even prohibit the size of the -- we don't know these things. CHAIRMAN FIALA: Right. So you know what, we really, really need to move on. COMMISSIONER HENNING: Move to approve the agenda as amended. COMMISSIONER NANCE: Second. MR. MILLER: Madam Chair, I've been handed one more slip for one additional consent-agenda item. I'm sorry. It just came in. 16A19. James Fox. CHAIRMAN FIALA: Okay. MR. FOX: Good morning, Commissioners. I am here representing the Collier's Reserve Association, the Bay Colony Club, the Estates at Bay Colony, and Pelican Marsh. They are the neighbors of Creekside vacation. Now, we understand that what's happening here today is just a consent agenda to have a hearing on a road, but these neighbors are very concerned about the Fort Lauderdization, if that's a word, of their neighborhood and the erection of a giant tower in that -- in what was sort of a light commercial area only serving people who were residents and were turning it -- it appears that this is just a piece of that. It appears that there is a plan to erect this 200-foot tower there over Page 11 September 27, 2016 everything else and turn this into something other than the really light commercial. This kind of came on everybody a little surprisingly. The neighborhoods were not associated. These are all the major neighborhoods in the area. I know we're not here to talk about it today, but we wanted to be up front and let you know that they are unalterably -- unalterably opposed to this. It's something -- maybe what needs to happen, and we think what needs to happen is, if there's going to be an area of Collier County that's going to be like Fort Lauderdale with towers and these -- this kind of intense use, maybe we should determine where that's going to be. Maybe it should be here. Maybe it should be someplace in East Naples. But the one place it shouldn't be is where all of these neighbors are. This is just the beginning. We wanted to make sure that we let you-all know, because we're representing all of these neighbors, where they stood before this thing gets, what it appears to be, fast tracked. And we are going to ask that this thing slow down a great deal so that everybody has an understanding of what's about to happen and why it's happening. We're just kind of finding out about this at the last minute. But now that the neighbors know about it, we're going to be at every Planning Commission meeting, we're going to be at every County Commission meeting. They are not going to stop until that tower does not get approved. Thank you very much. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: No, I'm -- no need to comment. Good to see you, Mr. Fox. MR. FOX: Thank you. COMMISSIONER HENNING: I think everybody has concerns about vacation, but everything's going to be done in several public Page 12 September 27, 2016 meetings. The upcoming board, new board, will be talking about this, so that's all. CHAIRMAN FIALA: So you had a motion on the floor? COMMISSIONER NANCE: Second. COMMISSIONER HENNING: I did. CHAIRMAN FIALA: And a second? COMMISSIONER NANCE: I'll second. CHAIRMAN FIALA: Okay. 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.) Page 13 Proposed Agenda Changes Board of County Commissioners Meeting September 27, 2016 Move Item 16D1 to Item 11G: Recommendation to approve the purchase and installation of LED sports lighting from Musco Lighting, Inc at Golden Gate Community Park in the total amount of$520,000, and;Waive competition for this single source vendor, Project No. 80319. (Commissioner Taylor's request) Deny Item 16J5 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 September 14, 2016 pursuant to the Board's request. (Staffs request) Time Certain Items: Item 11D to be heard at 10:00 a.m. 9/27/2016 8:36 AM September 27, 2016 Item #2B SEPTEMBER 8, 2016 BCC/BUDGET HEARING MEETING MINUTES - APPROVED AS PRESENTED CHAIRMAN FIALA: September 8th. Do you want to make a motion on the -- COMMISSIONER NANCE: Yes. I'd like to approve -- make a motion to approve Item 2B, September 8th BCC budget hearing meeting minutes. CHAIRMAN FIALA: And the second is? COMMISSIONER TAYLOR: I'll second. CHAIRMAN FIALA: Very good. COMMISSIONER TAYLOR: I don't know. CHAIRMAN FIALA: 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: Okay. Item #3A SERVICE AWARDS — EMPLOYEE (20 YEAR) MR. OCHS: Madam Chair, that takes us to service awards. If the Board would please join us in front of the dais for the award ceremony. This morning we're recognizing five staff members who are celebrating 20 years of service in county government. The first Page 14 September 27, 2016 awardee from Building Review and Permitting is Diana Compagnone. Diana? (Applause.) MR. OCHS: Celebrating 20 years of service with Utilities Finance, Carla Fogle. Carla? (Applause.) CHAIRMAN FIALA: Thank you so much for all your service. (Applause.) MR. OCHS: Celebrating 20 years of service with our Wastewater Division, Mario Garcia. (Applause.) MR. OCHS: Celebrating 20 years of service with our Road Maintenance Division, Keith Maycroft. Keith? (Applause.) MR. OCHS: Our final 20-year recipient this morning, also from our Road Maintenance Division, 20 years of service for Pedro Rodriguez. Pedro? (Applause.) MR. OCHS: Commissioners, that concludes our service awards this morning. Thank you. Item #5A RECOGNIZING TONIA SPANGLER, APPLICATIONS ANALYST, GROWTH MANAGEMENT DEPARTMENT AS THE AUGUST 2016 EMPLOYEE OF THE MONTH — PRESENTED MR. OCHS: Madam Chair, that takes us to Item 5 on this morning's agenda, presentations. This is a recommendation to recognize Tonya Spangler, Applications Analyst with our Growth Management Department, as the Employee of the Month for August Page 15 September 27, 2016 2016. Tonya, if you'd please step forward and receive your award. (Applause.) CHAIRMAN FIALA: Congratulations, but you earned it. Here's a little something from us, and also we have a nice little check that helps always. And if you want the cover you can have that. MS. SPANGLER: Thank you. MR. OCHS: Tonya, before you leave, I need to get your photo taken. Move over right in there, in the middle there, and I'll tell the audience and the Board a little bit more about you. Commissioners, Tonya's been with the county since 1999, working currently with our Operations and Regulatory Management Department. She's been a team leader of the CityView Electronic Plan Review Project. She worked closely with the vendor and staff, spending many hours and weekends preparing workflows, spreadsheets, test documents, all while coordinating her team in order to be prepared for the deployment of the year-long project to ensure that it would be flawless for the public use as well as the GMD employees. The cost savings to the county will be substantial and with paperless applications and paperless reviews. This is something that the Board has been very interested in as an effort to improve our business climate in our community, and we're proud of the work that Tonya's done. Her intelligence, determination, and endless ability to find new ways to better our productivity and bring our organization into the world of electronic technology proves that she is, indeed, very deserving of this award. And, Commissioners, it's my honor to present Tonya Spangler as your Employee of the Month for August 2016. Congratulations, Tonya. (Applause.) Page 16 September 27, 2016 Item #10A DIRECTING THE COUNTY ATTORNEY TO USE ANY NECESSARY LEGAL RECOURSE TO ENFORCE THE BOARD OF COUNTY COMMISSIONER'S 2003 AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT MANDATING ALL ROADS IN THE PICAYUNE STRAND STATE FOREST ARE TO REMAIN OPEN FOR FREE PUBLIC ACCESS TO THE PRESERVE AND TO AUTHORIZE THE BOARD CHAIRMAN TO SUBMIT A LETTER OF EXPLANATION TO THE GOVERNOR ON SFWMD REFUSAL TO MAINTAIN THE PICAYUNE ROADWAYS — APPROVED MR. OCHS: Commissioners, that moves us to Item 10 on your agenda this morning, Board of County Commissioners. Item 10A is an item placed on the agenda by Commissioner Henning. It's a recommendation to direct the County Attorney to use any necessary legal recourse to enforce the Board of County Commissioners 2003 agreement with the South Florida Water Management District. Commissioner Henning? COMMISSIONER HENNING: Thank you. In addition to the backup material on the agenda, my aide, Camden, sent to the Commissioners the minutes of the meeting when the agreement was approved. There is a lot of backup material that I could have put on there. It was widely contested, supported by the environmental community, but the general public, the longtime users, the historical users who have lived in this area for generations, was not in favor of it; however, I supported the agreement because I saw the bigger picture of it of changing the way the water enters The 10,000 Islands and the Page 17 September 27, 2016 Everglades, reluctantly supported it. What sold me on it was finding another location for the ATV riders. It's supposed to be a section of land. Well, that never happened. Instead we got paid some monies to buy that, and now we're having to deal with trying to find land. What did sell me on it is for the enjoyment of people, and like County Manager Jim Mudd said, to horseback ride, fish, bike, hiking, and camping, and that is in the agreement. And County Manager Jim Mudd mentioned the primary -- the all-weather roads that would be usable all year-round, and the secondary roads that would be used will be passible seasonally; seasonally dry. As we heard the other day from South Florida Water Management -- what we didn't hear is them -- is the district to restore the roads or even elevated the roads so they will be all-season. In fact, what has happened, they have taken road bed out, they have taken asphalt out, and making it impassable for the general public to enjoy the things that -- what they have in the past except for ATVs, swamp buggies, so on and so forth. So if there's no questions, I'm going to make a motion to approve the outlined recommendations. CHAIRMAN FIALA: Do I hear a second? (No response.) CHAIRMAN FIALA: Do we have any speakers on this subject? MR. MILLER: No, we do not, ma'am. CHAIRMAN FIALA: Okay, fine. Commissioner Taylor? COMMISSIONER TAYLOR: Commissioner Henning, when I read this material, and it's -- I don't think it's any coincidence that you were the chairman at the time, so I'm sure you were immersed in this, because it was -- I remember it being so controversial and neighborhoods across the street having land out there and having it Page 18 September 27, 2016 changed. So my question to you is, there appears on the maps that there are two roads that they -- that South Florida Water Management needed to maintain above grade, and then the balance would be -- were considered not all-weather roads but roads that need to be there but not necessarily maintained year-round. Is that your understanding? I just wanted to be very clear on what I saw and what I read. COMMISSIONER HENNING: Well, the agreement is what the agreement is, and there was -- it was outlined in a map which roads were supposed to be all-season, and the other ones at grade. COMMISSIONER TAYLOR: And so do we know, or are we just asking the -- is this like the initial -- I mean, I'm supporting you in this effort, sir. So I just need to know, do we know what is all-weather or, you know, above-grade right now? Because I saw that it was the extension of the Everglades Boulevard, right? That's one of the roads, and then I think there was a crossroad. I don't know if it was Miller or COMMISSIONER HENNING: It's, yes, Everglades, Stewart -- COMMISSIONER TAYLOR: Stewart, that's what it was. COMMISSIONER HENNING: -- is two that I see; 62nd, which goes to the forestry's station; Miller. What else is out there? It says Bearson (sic)? COMMISSIONER TAYLOR: There is a map, Exhibit C. COMMISSIONER HENNING: There's a map. COMMISSIONER TAYLOR: Exhibit C. There's a map, Exhibit C. Yeah, it's coming up. There it is. COMMISSIONER HENNING: Then you have, like, 68th would be seasonal. There's a few roads like Miller South and some of the streets going over to the west that would be seasonal. Everglades going down to Lynch Boulevard was seasonal. My understanding that's where a lot of the ATVs were in the past. Page 19 September 27, 2016 COMMISSIONER TAYLOR: And did we -- did we ever get the acreage, 640 acres? COMMISSIONER HENNING: No. COMMISSIONER TAYLOR: No. COMMISSIONER HENNING: What happened with that, it was being proposed of the land north of Lake Trafford. Well, what happened was the -- when they restored or dredged out Lake Trafford, and put that spoil area -- spoiled material on that, it resulted in high arsenic and, therefore, it couldn't be used by anybody for several, several years. So we settled for, I think, a $3 million check, which I'm sure it came out of our taxes anyways. MR. CASALANGUIDA: Probably. COMMISSIONER NANCE: Yeah, we paid ourself. COMMISSIONER HENNING: Yeah, yeah. You know, an agreement is an agreement. COMMISSIONER TAYLOR: Yeah. COMMISSIONER HENNING: There's no question about it. You couldn't use -- the way it is being constructed, you couldn't use that at all. CHAIRMAN FIALA: Is that all, Commissioner Taylor? COMMISSIONER TAYLOR: Yes, thank you; sorry. CHAIRMAN FIALA: Commissioner Nance. COMMISSIONER NANCE: Yeah. Commissioner Henning, I support your concern on this issue. The reservation I have on moving directly to legal recourse, though, is because of a couple different reasons. And I would love to see the end result as far as our citizens being able to have use to some of these lands come to fruition, but I'm not sure that this methodology is going to lead us to that result. When Mr. Lindahl came at our last meeting and made a presentation, you know, I discussed the citizens' frustration over the ATV park and use of lands and, really, the use of trails and roads and Page 20 September 27, 2016 access to public lands has been going on in units including the Big Cypress National Preserve. I mean, we've had fights over our citizens using the trails that people guaranteed us they were going to be able to use in the Big Cypress according to that agreement with the federal government. This has been mucked and mired in lawsuits because of advocacy groups. And the bottom line is, we are increasingly getting reduced access to these lands, and we simply have to be better on this. The reason that I have reservations about this approach is that now the Picayune management situation and regulatory situation is so much more complex than it was in 2003 when it came before this board. At present, we have the primary regulatory agency in that area that is the U.S. Army Corps of Engineers. They are the ones that are directing infrastructure construction and are responsible for the infrastructure for the wet -- restoration of the western Everglades, of which the Picayune Strand State Forest is a park -- is a part. In addition, we've got a different agency, South Florida Water Management District, that owns the property. On top of that, we've got a different agency, the Florida Forest Service, which is tasked with the responsibility of managing it. So for us to be able to get a functional public use of this area, we really need to get three different groups together, all of which have a different mission and different authority. I hesitate to support jumping into another lawsuit with the district simply because that's what we did last time, and it didn't have a good result. We simply were strong-armed into a settlement on the ATV property, which didn't -- and still to this day has not served the public benefit as promised. So I certainly support your outreach to the governor, and I would surely support writing a letter -- having the chairman send a letter to Mr. Antonacci and his staff at the district as well as the Corps and Page 21 September 27, 2016 appropriate people at the Florida Forest Service. I think we've got new management over there. That certainly is an individual we've been able to work with before. But I think we should do those things. And then, lacking any progress or any cooperative effort on their part, I would certainly support moving to legal action. But I don't know that -- you know, conditionally, I can support it. If we want to make that outreach ahead of it to these three agencies, I think we -- I think we owe that. And I don't think we should completely blame the Water Management District for this dilemma, because I think their hands are tied, to a certain extent, by their partnerships in this federal effort. So I don't know how to go forward, Commissioner Henning. I support it and, you know, I feel like we're in a dilemma, but I just -- I'm trying to find a way to respectfully move the Board of County Commission forward on this issue without simply alienating us by moving directly to legal action. CHAIRMAN FIALA: County Attorney, please. MR. KLATZKOW: Yeah. From a statutory standpoint -- and you'll remember this with the fire district that we got involved in -- we're going to be required to at least ask for the mediation. So if your desire, sir, is that the Board of County Commissioners sit with these other government agencies and try to hammer it out, that's going to be the statutory approach anyway unless the state absolutely refuses to sit down -- to sit with you. COMMISSIONER NANCE: Well, you know, Commissioner Henning, if you can craft something like that so we have a process that, you know -- and I also want to have a process that our subsequent board members feel, you know, confident in proceeding through because, you know, we're not going to -- certainly not going to wrap this up in the next couple months and, you know, your service and my service will be at an end. So, you know -- Page 22 September 27, 2016 MR. KLATZKOW: Well, the executive summary is quite well founded, though, with what you're requesting. You're requesting me to take any necessary legal recourse. I'm required to ask the other state and federal agencies whether they'd be willing to mediate. And as long as they don't say no, you're not going directly into litigation anyway. COMMISSIONER NANCE: Okay. MR. KLATZKOW: The last time around they wouldn't return our phone calls, so we went into litigation. I don't know about this time. COMMISSIONER NANCE: Well, with that understanding and with that intent by the motion maker, I can -- I can support going through that process. CHAIRMAN FIALA: Before I call on you, Commissioner Henning, I just had two questions. Are there any roads there that lead to people's homes, or are there any homes in that area? COMMISSIONER HENNING: There's structures out there, but not owned by the public. CHAIRMAN FIALA: Okay. Second question is, and something that nobody has referred to yet, but if they rehydrate that area, flood that area, in other words, where do the animals go? I mean, right now, you know, everybody's worried about the animals, and there's no place for them to go. They can't live in a swamp. You know, we're talking about a lot of animals that need to stay aboveground. And if it's flooded, what happens in that situation? So those are two questions I have on the floor. And you don't have the answers nor do I -- COMMISSIONER HENNING: No. CHAIRMAN FIALA: -- but I thought maybe we need to go and talk about that a little bit more. At least if we have the roads available, that means there's some high ground. So, anyway, let me call on you now. Page 23 September 27, 2016 COMMISSIONER HENNING: Yeah. You're right, I can't answer. We didn't do this -- I didn't do this executive summary in a vacuum; talking to staff and working with the County Attorney to put this together. You know, bottom line is, the district could not apply for a permit to the state and federal agencies unless they own the property. They didn't own the property. They fully were aware of what -- their obligations to us, the citizens in Collier County. This agreement is really with -- we're just stewards of the people's property. We owned property down there, and we gave it up and entered into an agreement with certain conditions. Those certain conditions are not met. And Jeff is right, you know, the mediation with the district is, you have to do that prior to having a judge hear it. And pulling in the other agencies is not a bad idea to become the resolution because if you don't, you're going to have some finger pointing. Well, we can't do this because of this agency or whatever. So I think it's a good approach. I think writing the governor and letting him -- make him aware of an agreement that we had over a decade ago is not being followed, and the citizens are suffering from that. So, anyways, my motion stands. I don't know if we have a second. CHAIRMAN FIALA: And you have a second from Commissioner Nance, is what I heard. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Okay. Commissioner Nance? COMMISSIONER NANCE: Yes. I -- you know, I want to talk about this just a little more because -- I'm supporting this motion because I am very passionate that the public needs to have access to our public lands and to the wetlands in South Florida for the long-term Page 24 September 27, 2016 health of our restoration effort. You know, this Picayune Strand, state forest, and the restoration of the western Everglades, it's going to take a long time to restore that area. When I was a little boy, there were huge cypress trees in there, and the excessive drying of the land due to over-draining and the construction of canals that happened when Golden Gate Estates was created down there changed the face of that because it introduced fires, it stopped the sheet flow, and, you know, it's -- I know of very few people that aren't supporting the restoration of the western Everglades and this watershed. But that having been said, you know, people won't support what they don't see and what they can't -- what they can't enjoy, what they can't experience. We have an experienced society now. People want to -- you know, they want -- they are experienced consumers. They're not material consumers. They need to be able to get down there. And this restoration project is an absolute perfect place where people can be allowed to travel even during the wet season without doing excessive damage to the environment. The environment down there has basically been completely trashed at this moment. There's very little else that could happen. Trees have been cut down, burned down. The sheet flow has been disturbed. So watching this come back to life and watching this restoration, I think, is going to be a very, very therapeutic thing for the taxpayer to see their dollars at work. I mean, we're going to have a billion dollars in this project before it's done, and I think that the citizens of Collier County and the citizens of Florida and the nation deserve an opportunity to go down there. So I hope, Commissioner Henning, you know, that we're successful. I hope that we can discuss this with these agencies in a productive way and understand that we're not trying to do anything that's going to disturb the process and the ultimate overlying goal of Page 25 September 27, 2016 restoration of the Picayune. But we just have to get in a different communication line here on this, because it's -- you know, this public access and public ownership piece is the one piece that's being ignored, and -- so that's why I'm seconding your motion. You've passionately convinced me, and I think you're right. We just need to craft a respectful way to go forward, and I think this is the way to do it. CHAIRMAN FIALA: Looks like we're all singing in the same choir here. Commissioner Taylor? COMMISSIONER TAYLOR: That's what I was going to say, I'm singing in the same choir. I had the opportunity this year to go and look at the work of the water -- the South Florida Water Management, the Picayune Strand area. And to hear what it was and to look what it is today was very therapeutic. You know, I mean, it's amazing. It's a restoration. It's the -- and to allow our public to see this is so very important, so I'm very supportive. CHAIRMAN FIALA: So we have a motion on the floor and a second. No further comments. No speakers lined up anymore. And so with that, I call the question. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Okay. That's a 4-1 vote. Thank you very much. Item #11A Page 26 September 27, 2016 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 PURSUANT TO THE TERMS OF THE 1983 GAC LAND TRUST AGREEMENT — MOTION TO DENY — APPROVED MR. OCHS: Madam Chair, that moves us to Item 11A. This is a 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 pursuant to the terms of the 1983 Land Trust Agreement. Ms. Price will present. MS. PRICE: Good morning. For the record, Len Price, Administrative Services Department Head. This morning I bring for you to consider releasing one parcel to be allowed to negotiate for sale by the next-door neighbor. For those of you who recall, this is part of a large amount of property that was deeded over to the county back in 1983 for the distinct purpose of benefiting the Golden Gate Estates area. The properties, in some cases we used them to build fire or sheriffs substations or for other purposes. Other times there's sales, and those funds are placed in trust and given for grants for the same thing. We've used them to help build parks, to help fire departments increase their equipment, et cetera. This particular piece of property is considered to be a non-buildable piece because it was split after the 1974 deadline, and so the value of the property is not significant except that the next-door neighbor is hoping to purchase it and add it into their property, making it a larger piece of property. Back in 2013, the committee that oversees these properties had asked to put all of the properties on a reserve list pending the Page 27 September 27, 2016 improvement of the economy so that they could sell the properties for a higher value, and this piece of property is currently on that list. So today we're asking you to consider removing it from that list and authorizing our staff to potentially negotiate a sale, which we would bring back to you. CHAIRMAN FIALA: Thank you. Commissioner Nance? COMMISSIONER NANCE: Yes. I'm sorry, on this issue I completing disagree with staff. I've spoken to people in membership of the Land Trust Committee. These are people that really know their community well and put a lot of passion into the work that they do. And the feeling of this committee is that -- basically, that property values are rising in Golden Gate Estates. As a matter of fact, the assessed value of this property has risen just in the term of the development of this agenda item from the last couple of years, and they are anticipating that because of the development of-- and the opening of rural lands west to their immediate east that there's going to be an increased demand for Golden Gate Estates properties. I think if you'll look at the development trends, and you'll see the very tiny, tiny lots on which single-family homes are being built, it's my personal prediction that in my lifetime, the larger parcels in Golden Gate Estates and larger lot sizes are going to be something that's going to be a great rarity in Florida, and I think they're going to be some of the most coveted and valued properties. So short of any immediate need for money, in addition what has not been said is that the land trust owns the adjacent lot to this little piece. I know that this landowner would like to get it and add it to their lot, but I believe that the two parcels adjacent to one another that the land trust owns are actually going to be a very, very valuable piece. I trust these people's judgment. I think they're right. And I'm going to make a motion to deny this recommendation. Page 28 September 27, 2016 COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: I have a motion and a second. Commissioner Taylor? COMMISSIONER TAYLOR: I don't think this -- and I agree, obviously, because I seconded your motion, Commissioner Nance. The advisory committee advised against selling it. It's undervalued. It wasn't properly advertised. There was no outside appraisal. You know, talk about things that are wrong with this; this shouldn't be before us. So I'd say let's call the question. Well, there's two more speakers. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: I agree. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I'd like to hear from our appraisers as to the value of this property and how this property was appraised. MR. LEONARD: I am Roosevelt Leonard, the review appraiser. I have to agree with Commissioner Nance that property values are -- or it potentially has the ability to go up in Golden Gate Estates. But the position where the Real Property Department stands is that the parcel now -- even if property values go up, this parcel still will be non-buildable. I agree, if it were combined with the adjacent lot, it would have a different utility. But right now, when the Property Appraiser assessed parcels, it's on a mass appraisal, and it doesn't take the individual utility for this particular lot. So, therefore -- COMMISSIONER HILLER: Can you explain why this, in conjunction with the potential buyer's property, is non-buildable but it's buildable if it's in conjunction with the other properties? MR. LEONARD: Back in 1974 when the lots in Golden Gate Estates were split by Ordinance 82.2 -- we don't know why that this Page 29 September 27, 2016 particular lot was as deemed at one time by the Property Appraiser's list as a buildable site, but since the property was sent out for a review to see if it is buildable, GMD did a full review on this particular lot, and it came back, and it was non-buildable. Now, right now the highest and best use for the lot is a buffer lot. A buffer is something that you can't put a livable structure on. Now, again, if you -- if Avatar or the GAC committee wanted to build -- make this a more valuable lot, it would have to be combined with the adjacent lot. So as it sits -- COMMISSIONER HILLER: And if it gets combined with the adjacent lot, it would have to be treated as buildable, so it would have to be rezoned? MR. LEONARD: Well, it wouldn't have to be rezoned, but you would have to go and apply for -- in addition to the adjacent lot, you would have to go to the Property Appraiser's Office, you would have to go through the standards in order to make it buildable. But right as it sits, s non -buildable. ' n - t o buildable. COMMISSIONER HILLER: I mean, how does the Property Appraiser make it buildable? MR. LEONARD: Well, since the fact that Collier County owns both lots, we could go and apply for a permit to have the lots combined as one folio number. Right now we have two separate folio numbers. CHAIRMAN FIALA: Mike Bosi? MR. BOSI: Mike Bosi, Planning and Zoning Director. To Roosevelt's point, it's currently underneath the minimum lot size of two and a quarter. If you combined the two lots together, you would have a buildable lot. It would satisfy the dimensional requirements; therefore, it would be a buildable lot, and I think the point would be if it was combined with the other lot, it would have an increased value because it would be buildable, and that's related to the two-and-a-quarter minimum lot size within the Estates. Page 30 September 27, 2016 COMMISSIONER HILLER: But with the adding it to the potential buyer's property, it remains non-buildable because the potential buyer has already developed his lot, so it doesn't allow for any other development potential for that buyer. MR. BOSI: Correct. MR. LEONARD: Correct. CHAIRMAN FIALA: Okay. Commissioner Nance? COMMISSIONER NANCE: Yes. Is it not true that the lot that's immediately to the left of the shaded and subject lot does not also belong to the GAC Land Trust? MR. LEONARD: Yes, it does. COMMISSIONER NANCE: Well, why wouldn't the land trust sell that lot and the subject lot for an enhanced value? I'm just trying to be practical here. Why wouldn't they do that and offer that as a wonderful home site? Of course they would. So I don't know how we got in this discussion. This -- saying this is a non-buildable lot and has reduced value is completely -- it's just doesn't make common, ordinary sense when the same owner owns the adjacent lot to the left. I don't know how we even got here. This is not making common, ordinary sense to me. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. Isn't this a nonconforming buildable lot? I just heard the statement if it was two and a half acres you can build on it, but they're building on an acre and a quarter in Golden Gate Estates all day long. COMMISSIONER NANCE: Commissioner, I think it was divided actually after the deadline to establish those legal nonconforming lots. I think it was parceled off in the '80s sometime for some odd purpose; is that not correct? COMMISSIONER HENNING: And do we have the documentation to show when it was split? Page 31 September 27, 2016 MR. BOSI: I'm not sure. I don't believe the documentation was contained in the backup, but we can -- COMMISSIONER HENNING: No, it isn't. MR. BOSI: -- provide the documentation -- COMMISSIONER HENNING: It wasn't. MR. BOSI: -- of when it was split, and it was in the mid '80s after the date. COMMISSIONER HENNING: Okay. So we do have that material? COMMISSIONER NANCE: Somebody just strangely created a non-usable parcel that would have to be -- it would either have to go to the applicant that we're talking about, or it would have to remain with the GAC and go -- sold together with the adjacent GAC parcel. COMMISSIONER HENNING: Avatar owned all these properties, and it was deeded over to the county. So my only question is, the county staff has the evidence that it was split after the deadline? That's my only question. MS. PRICE: That's correct. COMMISSIONER HENNING: Okay. You do have it. Thank you. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Well, I'm just -- you've said it. You said it. I just -- I'd like to vote on it. I think if we're going to do this and going to advertise it, we don't advertise them together, but we advertise it to identify it instead of this advertisement which reads that -- and this is the property acquisition. A few tracts remain for sale. Tracts are sold, which means it's incumbent upon -- there's no identification. It's not properly identified. When you do that and you can see that the lot next door is also in the trust, then it would be incumbent upon a buyer to decide what they want to do. But when they don't give enough information, it becomes Page 32 September 27, 2016 a quandary, and it is just not good government business to do it like this. CHAIRMAN FIALA: Okay. So... MR. OCHS: Commissioner, they're not currently for sale right now. I just wanted to make sure the Board understands that. COMMISSIONER HENNING: The ones that we have? COMMISSIONER TAYLOR: That's not what the advertisement says. MR. OCHS: That's correct. COMMISSIONER TAYLOR: A few tracts remain available for sale. MS. PRICE: A few tracts, but not both. CHAIRMAN FIALA: We have a motion on the floor and a second. Let's move this along, please. And with that, I ask 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? (No response.) CHAIRMAN FIALA: Okay. That say 5-0. Thank you very much. MS. PRICE: Thank you. CHAIRMAN FIALA: To deny. Item #11D THE UPDATED LANDSCAPING BEST MANAGEMENT PRACTICES FOR THE LANDSCAPE BEAUTIFICATION Page 33 September 27, 2016 MASTER PLAN, THE ADDITION OF RADIO ROAD EAST (SANTA BARBARA TO DAVIS BLVD.) IN FISCAL YEAR 2017, AND UPDATED RANKING OF PROJECT INSTALLATION — APPROVED MR. OCHS: Madam Chair, that takes us to your 10 a.m. time-certain hearing this morning. That is Item 11D. This is a recommendation to approve the updated landscaping best management practices for the Landscaping Beautification Master Plan in Fiscal Year 2017 and update the ranking of project installation. Mr. Wilkison, your Growth Management Department Head, will begin the presentation. MR. WILKISON: Good morning, Commissioners. For the record, David Wilkison, Growth Management Department Head. And, Commissioners, at your last meeting before the summer break you directed us to revisit and update our landscaping best management practices. And we'd like to thank you for that opportunity because, I'll tell you, it gave us an opportunity to kind of take a deep breath, hit the pause button, and really examine our program. And I do thank you for that. And I think it was -- it was something that was a long time coming, and the timing was appropriate also. So over the break we worked very closely with our consulting team of Ellin Goetz and Jack Leiber from the firm of Goetz & Stropes, and they are here with me today sitting in the front row here and will be part of this presentation in the Q&A. And we worked with them to update our design review checklist. And as you know, any great project really starts with good appropriate design, and I really think the appropriate design can result in a project that's aesthetically pleasing, it's sustainable, and it's easier to maintain. So we worked very hard on that over the summer, and I'd really like to thank Ellin and Jack for their consultation. I'll tell you, they Page 34 September 27, 2016 have a great reputation, a long history and experience here in Collier County, and they've very helpful to us. We really benefited greatly from their consultation on this. And really the way I see this, this is really just the first step in the renewal of our program, and we're going to continue to work with them on both looking at our installation and our maintenance best management practices. So, Madam Chair, with your permission, I'd like to turn over to Ellin Goetz. She's going to give you a short presentation on our updated design review checklist. CHAIRMAN FIALA: Thank you. MS. GOETZ: Thank you, David. All right. Can we show the first slide? How do I do that? You can be my assistant. Thank you. MR. OCHS: You've got it. MS. GOETZ: Great. I'm going to just go through a couple of the highlights that we've been working on the checklist. And as David said, we're trying to help you build a new landscape, a new program, basically, for the public landscape in Collier County. Jack Leiber's involvement in Collier County has spanned 40 years. Forty years ago he was the landscape architect for Pelican Bay when Pelican Bay was a piece of beautiful raw land. And in those 40 years, he has been closely affiliated with Pelican Bay doing maintenance and management reviews constantly for 25 years within Pelican Bay. And that is one of the reasons why Pelican Bay's landscape still has some of the original plant material that -- from those 40 years ago. So it's quite remarkable. I am lucky enough to have joined Jack's firm in the mid '80s, and then about four or five years ago, my own firm was given the contract to revitalize the medians and the roadways in Pelican Bay, and I'm Page 35 September 27, 2016 going to show you some of that work very quickly. So some of the highlights of the checklist are that obviously the goal is to lower maintenance, and we can do this by eliminating the use of high maintenance, high input plantings, by selecting species with low pesticide, trimming, fertilization, and irrigation requirements. The plant material has to be sustainable, it has to be -- this is a working landscape. This is a very tough environment for any plant to live in, as you-all know, within a corridor of a roadway. It's not a natural situation, but there are non-native and native plants that can tolerate roadway conditions. And then, very importantly, this is a streetscape so that the design of it cannot be like someone's garden or backyard. It's a landscape that's perceived at high vehicular speeds. It, in our opinion, should have repetition in what is used within the landscape, and that the plants should be appropriately selected so that they do not have to be hedged. That's one of your biggest expenses in terms of maintenance. The plants have to be selected so when they mature, they are of a height that is safe for the situation they're chosen for and that survives in that situation. And there's an -- there's a whole realm of plants like that that I'll show you in some of these pictures. Next. Okay. So this is a view of a median in -- on Pelican Bay Boulevard at Gulf Park Drive. It's an intersection. I will -- the plants in the majority are of the type that I've been discussing. They achieve a natural forum; they're safe in terms of visibility. But the difference in Pelican Bay is pretty significant. The trees -- the palms that you see here in the majority were the original palms, and we convinced the committees that we worked with in Pelican Bay that it was a sustainable landscape to continue with the heritage of trees that they had and to add other plants, but in the maximum, this is a natural landscape in Pelican Bay. Pelican Bay was one of the first communities that was done around here, maybe in the state of Florida, Page 36 September 27, 2016 frankly, where the natural environment was the driving force. And those medians reflect this history in Pelican Bay. They are very much of Florida. They don't look like they're from California. The difference here is that you do see some annuals on the left in the slide, flowers. Pelican Bay made a commitment that they would eliminate flowers from the medians other than a few key intersections, and it was done because of the cost of installation but, frankly, more so the cost of maintaining them in conditions. And as you all know, that's a hard thing to do here. A couple of the other key things are safety; obviously, visibility is key whenever you're working in a public roadway. It's not only important for the people using the roadway, the traffic, but it's important for the workers that take care of these landscapes that are growing within the county. The location of the plants is very key. Again, we recommend that we pick species that have this -- that don't require hedging for the very specific zones, and that we use them with the understanding that when they're mature, they reach a certain size so we don't over-specify plant material in the medians. This is, again, a median in Pelican Bay that illustrates some of these ideas, that the plant material is used that doesn't require hedging and that meets -- it's a very native landscape, but it's also a functioning, working landscape. CHAIRMAN FIALA: May I interrupt you for a second? MS. GOETZ: Yeah. CHAIRMAN FIALA: Could you give us a clarification on what hedging is. MS. GOETZ: Hedging? Sure. Hedging is cutting a plant that -- because it's gotten too tall. So in a roadway when you have visibility standards, you have to have safety standards, so you have to see through things, or if the plant starts overgrowing the space, that's when Page 37 September 27, 2016 it gets trimmed back. So when you go around Collier -- CHAIRMAN FIALA: In other words, you don't have to trim them, right? MS. GOETZ: Huh? CHAIRMAN FIALA: You don't have to trim them. MS. GOETZ: Right. We're talking about using plants that don't need to be trimmed constantly. Okay. That -- obviously, irrigation water is an important criteria. And when you design plantings that have similar water needs, you really will eliminate a lot of maintenance of those plants. So moving forward, that is one of the criteria that will be used whenever a median or roadway landscape is designed. In certain cases, these medians are too narrow for plants to live in. So there are some situations where hardscape materials are going to have to be considered because it's just not an environment for plants to live in. This is an illustration of a median on Vanderbilt Beach Road. It has some very good points and some things that we think are negative. And the good points are that it's using palms that survive the storms and the environmental conditions of Collier County. These are the native sabal palm. There is use of saw palmetto below it, which is another native that achieves that natural height, if it's placed in the right place, without trimming. And then the lower layer is one of those hedged plants. And another issue that's illustrated in this that the guidelines cover is the use of an unnatural colored mulch. This is a red mulch. We are of the opinion that there are more natural colored products and natural products, and that should be what is used moving forward. Mulch is a great material, and in many cases, mulch is better than a lousy-looking plant. The criteria include recommendations on using trees that are Page 38 September 27, 2016 resilient to storms, on using palms that are suitable for their location so that they don't impinge on vehicles, pedestrians, obviously, power lines, and other structures, and that if turf is used, it has -- it should only be used if the median is wider than six feet. If the median is narrow, it should be planted with ground cover and shrubs, and when turf is used, it should be interconnected. So this slide on the left shows an area of turf that illustrates that principle, that it's in a wider portion of the median. It is not little, skinny wiggly things. It reduces maintenance, it controls irrigation because, as you know, turf needs more water, typically, than shrubs and plants. And on the right is a slide that shows some of these plants that achieve a height without being trimmed. These are -- they achieve a natural form. They fill -- in this case they fill this median, and this was a narrow median, so there was no need for turf One thing that we really understand is you can't have healthy plants if you have a lousy growing condition for them, and the roads are very challenging in this regard because when there are built, there can be a lime rock and a lot of detritus that is left in the area that would be a future so-called landscape median. The checklist includes criteria for soil analysis of the existing conditions, for recommendations for amendments to the soil based on what kind of plantings are going to be placed in them, an analysis of irrigation water because the pH of that can very negatively influence these plants that we are expecting to live in these very tough situations. And then percolation is key. So there have -- it's not smart for the county to put money into planting things if the soil does not drain and the plants are going to decline over time. And these are hard -- you know, roads are tough. And, finally, I just want to talk about color, because I know color is always something that we expect of our landscape in South Florida. Page 39 September 27, 2016 It's the toughest thing to maintain. And if you use color in a landscape, especially a public landscape, you have to make the commitment to maintain it correctly. And these are two illustrations. On the left is Pelican Bay with a dwarf bougainvillea. And if you drive through Pelican Bay today, you'll see that these plants have been completely cut back of foliage so that they can grow back and be flourishing in the winter season. And it's a commitment. They need pesticide. They need fertilizer. They need the trimming. But in this case, Pelican Bay made the decision that it was worth their investment. On the right is a slide. It's a median in Bonita Bay where we used bromeliads as a very low-maintenance color plant. So there are ways to do color without getting into the fussiness of some of the landscapes that you see in Collier County, but it's definitely something that needs to be maintained, and it's far above the usual plant material. So I'd like, then, to just open it up to questions from you. And Jack Leiber is here to answer -- we had some good discussions with you-all, but I'd like to continue and hear anything that you might have concerns about. CHAIRMAN FIALA: Okay. Commissioner Nance? COMMISSIONER NANCE: Yes. I would just like to say what an outstanding job I think Collier County staff has done on this item, for which I have a great deal of passion. I know that a lot of people thought that I was really, really an annoying commissioner on this issue for quite some time, but I will tell you that Pam Lulich and Travis Gossard and Mr. Wilkison and his staff gave me the greatest courtesy, and they engage my eccentricities, perhaps, that they considered at this time. But I will tell you, to engage professionals like Jack Leiber and Ellin Goetz on this issue is beyond my expectations. I think it's Page 40 September 27, 2016 absolutely extraordinary. And I want to say just a little bit about them and why I think this is such a positive development for Collier County. You know, Mr. Leiber has worked -- he's among people that are in plant circles and landscaping circles in Collier County. I think he's somewhat of an icon. I came to meet him and work together with him just a very little bit on the Vineyards project. But prior to that, we had a connection together that I don't think either one of us realized at the time. But when Westinghouse Communities and Bob Hoffman started thinking about developing Pelican Bay, they were really visionaries. And one of the things that they were willing to engage was a different concept of landscaping and development of the land rather than just doing -- just knocking everything to the ground, they took very strong counsel. And to Jack Leiber's endless professional feather in his cap, he is the man that brought that to light. He is the one that made that opportunity possible. He's the one that gave you the quality of the community in Pelican•Bay and the warmth. And he did the same thing in the Vineyards with a much less easy start, because instead of starting with a natural plant community that he could accent and enhance and bring to life, he had to deal with a flat pallet of farm fields and so on and so forth. So I was delighted -- you know, when I started working on that project, I tried to provide the landowner and the developer with a bunch of plants that I thought would help create the sort of a look they looked like. And Mr. Leiber and his team brought that to life once again. So I am very, very happy that they are giving guidance. There are many things about the Collier County landscaping project over time that are very good. That needs to be said. There are many things that are very good. Those need to be continued. But to have an opportunity to update it and go forth -- you know, we have, Page 41 September 27, 2016 fundamentally, a 100-mile linear park down the center of our roads, and if we can keep those moving forward, it's an asset worth hundreds of hundreds of millions of dollars, and it deserves the very best, and staff clearly has gone out and accomplished that. So my thanks to staff. I think this presentation is very short. I've read all the material, I think it's a great start, I think it will continue to move forward, and I'd like to make a motion to approve the item. COMMISSIONER TAYLOR: Second. COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. I have a second, second. Commissioner Henning? MR. OCHS: He stepped out. CHAIRMAN FIALA: Where did he go? COMMISSIONER NANCE: He took a break. CHAIRMAN FIALA: Okay. Next we have Commissioner Taylor. COMMISSIONER TAYLOR: Yeah. Just some questions. And, Ellin, on the -- on this slide that's up, we talked about maintenance and sustainability, and you told me in our -- when we spoke yesterday, that this was the overriding concern of Pelican Bay. MS. GOETZ: What, maintenance? COMMISSIONER TAYLOR: Yes, and sustainability and that -- to maximize the tax dollar; is that correct? MS. GOETZ: Yes. We were working -- when we began with Pelican Bay, we were working with a series of recommendations that their board had agreed to: Primarily sustainability, reduction of irrigation, reduction of fertilizer, reduction of maintenance, and cost, yes. And we -- because we had those criteria set by their board, when we went into public meetings with their community, we could use that Page 42 September 27, 2016 and say, you're -- yes, but we are working towards a more sustainable working landscape within Pelican Bay, so we were able to disengage them from -- to make them realize that the more natural-looking landscape was a positive thing, that it met their goals, and that the more artificial landscape was not what Pelican Bay desired to be. COMMISSIONER TAYLOR: Okay. When I look at these two slides, are you saying that the maintenance -- and this is just a question MS. GOETZ: Yep. COMMISSIONER TAYLOR: -- of the dwarf bougainvillea is the same as the bromeliads, or are the bromeliads -- MS. GOETZ: Bougainvillea's way more. COMMISSIONER TAYLOR: Okay. MS. GOETZ: You get a lot of bang for your buck, though. So, yeah, the bromeliads are much lower care, color, landscape material. The bougainvillea is used in Pelican Bay in key areas which the intent that it provides color and it's worth their investment in doing so. But it's not used everywhere. It's used in key places. COMMISSIONER TAYLOR: And I'd like to bring up another conversation that we had yesterday about the hedges right outside here in the parking lot. And your comment on that was -- to me, it just hit home for me what you were talking about. MS. GOETZ: It was a good conversation because, you know, Jack and I in the industry we think, well, everybody knows this, but plants do have a mature natural height, and some of the plant material out around the campus has been used for its foliage color, but its natural shape is maybe 15 feet tall, and it's having to be cut or clipped down and maintained in a more of a three-foot kind of height. And you see that everywhere in the landscape, public and private landscapes. And so what we're promoting, and what I was trying to show with these pictures, is there's a whole bunch of wonderful plants Page 43 September 27, 2016 that meet that criteria without coming in afterwards and whacking them. And I think the most important place is the roadway because that's where you do have people, human beings, working in very dangerous conditions, and we're trying to make sure not only is it visually attractive because it has a more relaxed natural appearance, but it's a safer landscape and it's -- hopefully you're able to financially afford the cost of maintaining it. That's a driver. COMMISSIONER TAYLOR: And it's not us. It's taxpayers. MS. GOETZ: Exactly. COMMISSIONER TAYLOR: It's the taxpayers' dollars. You know, it is out of my -- well, I don't think it is out of my pocket because it's in the unincorporated area. Because I live in the city, I'm not sure that the City of Naples would have the -- is that correct? The City of Naples wouldn't have the landscaping tax, would they? The City of Naples, the incorporated areas, or would it -- it's only the unincorporated areas, is that correct, or am I incorrect on that? MR. OCHS: Yes, it's the unincorporated area, Fund 111. COMMISSIONER TAYLOR: Okay. All right, good. MS. GOETZ: And I think everyone recognizes the significance of the public landscape and its contribution to the economics of Collier County and the life in Collier County. COMMISSIONER NANCE: But you're enjoying those -- you know, the countywide plantings, aren't you, ma'am? COMMISSIONER TAYLOR: Yes, I am. COMMISSIONER NANCE: Maybe we need to be looking at a payment in lieu of taxation over here on -- COMMISSIONER TAYLOR: And may I say also -- MR. OCHS: I'm writing that down. COMMISSIONER TAYLOR: -- I think the City of Naples may have started this a long time ago under a mayor who wanted to Page 44 September 27, 2016 landscape the medians and, actually -- and I'm not sure how he did it, but I think it was private donations that started it. CHAIRMAN FIALA: It was Ned Putzell. COMMISSIONER TAYLOR: Yep, private donations. CHAIRMAN FIALA: And he started it, and it was called Naples Scape in the beginning. COMMISSIONER TAYLOR: That's right. Thank you. CHAIRMAN FIALA: He got his team together, and then I happened to wander in and they then called it Collier/Naples Scape, and they started coming into the East Naples area as well. So I served on that board with pride. COMMISSIONER TAYLOR: Oh, that's great. All right. I have questions for staff, but I'm going to -- I'm not going to ask right now, so -- I know there's some other questions here, and then I'll speak to staff. CHAIRMAN FIALA: Okay. Very good. Commissioner Henning, I'd called on you before. You're back. So would you like to take up before I go to the next person? COMMISSIONER HENNING: Yeah, a quick question. You're still recommending turf, using turf? MS. GOETZ: I think turf is certainly an alternative in certain situations. COMMISSIONER HENNING: Okay. Wouldn't that -- that's a weekly maintenance, though. Would it still be less maintenance? MS. GOETZ: I mean, Jack, do you want to speak to that? COMMISSIONER TAYLOR: No. COMMISSIONER HENNING: Or are we using the turf for fleet service? MR. LEIBER: The turf would be in limited quantities and areas. You're not going to get away with no turf. COMMISSIONER HENNING: Okay. Page 45 September 27, 2016 MR. LEIBER: And when you have turf, turf requires certain irrigation other than what regular planting would, and it requires a little more and all of that; however, a situation that I was involved with recently up in Bonita, one of the members of the board up there, they had re-landscaped a roadway. Prior to the re-landscaping with shrubs and trees and all of that, their maintenance fee was, like, $20,000 a year, and it was mostly turf. And then they came in and put in shrubs and really gussied it up. And now the month -- the yearly maintenance went up to $90,000 because it required more physical work with the shrubs and the selections. So, you know, it's a handoff there. COMMISSIONER HENNING: All right. My last question. How long does it take for an avocado tree to fruit? Does anybody know that answer? MS. GOETZ: Are you feeding it? UNIDENTIFIED SPEAKER: Three years. COMMISSIONER HENNING: How many fingers? UNIDENTIFIED SPEAKER: If you plant it from a pit, about 10. If you plant it from a pot, about four, if I remember correctly. COMMISSIONER HENNING: All right. Thanks. CHAIRMAN FIALA: But you had a question from Ellin Goetz. COMMISSIONER HENNING: Nope. I'm all done. COMMISSIONER TAYLOR: No. She asked you. MS. GOETZ: Are you feeding it? COMMISSIONER HENNING: Oh, am I feeding it? MS. GOETZ: Yeah. COMMISSIONER HENNING: Yeah, and mangoes. COMMISSIONER NANCE: Commissioner, when we get out of the office, we can talk fruit trees. CHAIRMAN FIALA: Even in office. MS. GOETZ: He's the expert right there. Page 46 September 27, 2016 CHAIRMAN FIALA: He's not going to affect you as far as what we're voting on. COMMISSIONER HENNING: I mean, we talk about a lot of things up here that has nothing to do with the agenda item. So I mean, I just have a few meetings, so I thought I'd join everybody with a question, that's all. CHAIRMAN FIALA: Well, that was interesting for those in the audience. Okay. Commissioner Hiller? COMMISSIONER HENNING: Ten years. COMMISSIONER HILLER: I want to thank you both. What you've done in District 2 in Pelican Bay is so admirable. I drive through the area, and I look at what you've accomplished, and it's truly made a very substantial difference in that community. I remember Pelican Bay when it was first being developed. I remember when there were also areas that were just completely black. Remember when the mangroves were dying off, and it's just like the combination of the mangrove restoration and your landscaping has just turned it into an incredible community that needs to spread throughout the rest of Collier County, which is what Commissioner Fiala has been so strongly advocating for, for as long as she has sat on this board, and for which I applaud and support her. So thank you for bringing her vision to fruition and incorporating Commissioner Nance's, you know, sensitivity to not wasting water and not wasting money on needless maintenance. What is your position on weed barriers? MS. GOETZ: Weed barriers are very critical items in the landscape. COMMISSIONER HILLER: So you are incorporating -- do you use the artificial weed barrier, like, the sheathingthat I -- as I understand that's out there, or are you just using weed barriers like the Page 47 September 27, 2016 mulching? Because what I understand is that -- and, you know, because I see the -- our maintenance crews spraying constantly. And so my question is, is if you incorporated the -- what I understand to be, like, the artificial barriers -- I think it's, like, some sort of plastic sheathing. MS. GOETZ: Yeah. Actually, I misunderstood you. I thought you meant root barriers. Weed barriers I don't have experience with. Do you, Jack? We don't -- no. MR. LEIBER: You know, you're not going to prevent weeds. Weeds are going to blow in, seeds are going to blow in. COMMISSIONER HILLER: I thought there was some material that you could put on top of the ground that still allowed the plants to MR. LEIBER: There is. COMMISSIONER HILLER: -- grow, but, you know, limited the ability for the weeds to -- and the only reason I bring it up, it's, you know -- the use of the herbicides is a concern as well. MS. GOETZ: Yeah. You know, if you -- if it's designed correctly and the plant grows happily, it should eventually shade out a lot of weeds, and so then you're just dealing with -- once it's achieved its maturity, then the weed -- but the weed population is always going to be there, and I think it's -- it's what you have to factor into the maintenance. Again, it's a controlled landscape. It's a working landscape. So I think that's the case. You're going to have weeds. You're going to have to maintain them. COMMISSIONER HILLER: Got it. Thanks. CHAIRMAN FIALA: Okay. And I'll wind it up. First of all, there are two people sitting right here in the audience, Mr. and Mrs. Sherman. They've been -- yes, you guys. They've been following this very closely. They live in Countryside, and when we Page 48 September 27, 2016 landscaped Davis Boulevard, that beautiful section from Airport going out to County Barn Road, the landscaping funds only took them so far, and they didn't do anything in front of Countryside. And they have been advocates for this area ever since. And one thing they're hoping and praying for is that there's -- and I think they've been promised that theirs will be one of the first sections completed so it finally continues that one corridor, but they wanted to make sure that it matched what's already there and it's the same length and everything, and I think it's very possible because the Davis Boulevard corridor there in that section is so beautiful. So I know that they're not speaking, so I'm speaking for you, and I hope that's okay. MR. WILKISON: For the record, David Wilkison, Growth Management Department Head. Yes, we have a grant from DOT to complete that section of the Davis Boulevard you were just speaking about, and that is scheduled in 2017. CHAIRMAN FIALA: Great. Oh, and 2017 is around the corner now, folks. Okay. That's my first thing. The second thing is we -- the maintenance, as everybody's mentioned, is essential in keeping our medians beautiful. Without good maintenance,just haphazard maintenance, you couldn't do it. So we've got some people here making sure who will be working with you to make sure that maintenance is taken care of. And now that we have a funding source, we can get it done right. Thirdly, color -- I realize what everybody's saying. Color, to me, is important because I think it beautifies the whole area, and Collier County has become known for its beautiful medians. I think that that is our signature around the state of Florida is our beautiful medians, and I want to make sure that -- I mean, some aren't so beautiful anymore, but we're hoping to get them back again. And then the calming of grass -- I'm delighted that we're going to Page 49 September 27, 2016 continue to use grass in areas six feet wide and above. In many of the areas -- I don't say that we're going to do it in all, but in some places I think it's so important because it's got such a calming effect on drivers. And the state of Florida will give us money for landscaping because there's a safety feature in landscaping the medians. The safety feature is it's a calming feel, and people don't feel like they're on a raceway. They actually feel like they're on a neighborhood road. So I wish you all the very, very best as we move forward, because what you do is how we look. You, then, are going to be responsible for our signature to our tourists, to our residents, to our new homeowners. And so I think we're all delighted with what we see, and we hope that it will work to the very best for everybody. And with that, I call the motion. Oh. COMMISSIONER TAYLOR: I wanted to ask staff a couple questions. CHAIRMAN FIALA: Okay. I didn't even -- did you just turn your light on? COMMISSIONER TAYLOR: Yeah, no. I just did, yeah. The medians -- and I've listened to my colleague to my left, Commissioner Nance, talk about how the soil is -- you know, it's roads, and sometimes not the right product goes into the medians. How are we going to monitor this? Whose responsibility is it, ultimately? MR. WILKISON: It's really the responsibility of our project manager who's responsible for widening of the road. And also working in conjunction with either our own construction inspectors or an outside construction inspection firm to make sure that the cross-section that we specify with the roadway construction plans is met, because we do have a cross-section that Pam Lulich and Jay Ahmad, our transportation division director, have worked together to put together that we require as part of the design plans and require that • Page 50 September 27, 2016 the contractor build to that specification. And we just have to do a better job of ensuring that this happens during construction. COMMISSIONER TAYLOR: Okay. So it's incumbent upon us to make sure. MR. WILKISON: Yes, ma'am. COMMISSIONER TAYLOR: Okay, good. And then the second question I have is because this is now -- I'm very familiar with Berkshire Lakes/Radio Road MSTU where that small area taxed themselves. I think to date it's over a million dollars of their tax money have gone into not only the median on Radio Road, but certainly within the Berkshire Lakes area. So there were two within the neighborhood but also on the traveled road. Now, that's going away. But now we have -- and I'm using this as an example. There's a lot of others, but Radio Road east. What -- the Radio Road west or the Berkshire Lakes, they basically said, we're going to do this, and they have a committee, and they decide what they're going to put into these medians. That's not the case when you have a countywide program, right? MR. WILKISON: That's correct. COMMISSIONER TAYLOR: Okay. So I think it's incumbent upon us to -- the word is "educate," but it sounds so imperial. I don't want to say that. But to bring to -- to allow our residents to understand this systemic change that we're making, that, you know, no longer are we just planning everything and maintaining it because the cost is prohibitive. What we're trying to do is plant beautiful medians with plants that they may be unfamiliar with but at the same time that will help, you know, use their tax dollars wisely. MR. WILKISON: Right. And as we launch into the design program again and we start with the projects that we've ranked here, you know, we're going to be holding public meetings with the folks Page 51 September 27, 2016 who are affected -- COMMISSIONER TAYLOR: Okay. MR. WILKISON: -- who live next to these roadway corridors and walk them through how we're going to go through the process so that they understand how we're going to move through the design process. COMMISSIONER TAYLOR: Okay, good. MR. WILKISON: So we'll be meeting with those folks. And several of them were here when we had our workshop, so you know, it will -- it takes a lot of public outreach, really -- COMMISSIONER TAYLOR: Yes, it does. MR. WILKISON: -- to let the folks know how we're going to be doing it and the fact that we do have an updated design checklist. And, you know, there are some sections of our roadways where certain developments want to actually landscape those areas and actually maintain themselves, and we have several landscape maintenance agreements. COMMISSIONER TAYLOR: Okay. MR. WILKISON: And, obviously, it's really good to have this design review checklist. So that can also guide them in their process also. CHAIRMAN FIALA: And there's a few right on the agenda today, two of them. MR. WILKISON: You're exactly right. There are two that are on the agenda today. COMMISSIONER TAYLOR: Yeah, that's funny. Well, then, you know -- and that's going to be a decision of staff. But my recommendation, until we get some showpiece medians up based on our new criteria, is that we employ as consultants Ellin and Jack so that they're there to speak to our public as we go through this process. Page 52 September 27, 2016 I'm not suggesting that they're there forever and ever. I understand that when Jack was -- started Pelican Bay, he was told by Westinghouse that you are going to be with the maintenance crew every week, every week, and you're going to tell us what's working and what's not, and you're going to correct it. And he said eventually that became every month. But that incumbent upon him. But I think their expertise and their guidance and their creativity is so needed at this time until we get this new way of landscaping established. MR. WILKISON: Right. And each new capital prong that we take on during the design process, the landscape architects or firm that will selected for that particular project will be participate through the public outreach program. COMMISSIONER TAYLOR: Okay, okay. Good. CHAIRMAN FIALA: And, again, with that, I call the question. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: And opposed, like sign. (No response.) CHAIRMAN FIALA: And that is a 5-0, and -- MR. WILKISON: Thank you, Commissioner. CHAIRMAN FIALA: County Manager, we have a lady here that's about ready for her break. Why don't we take a 10-minute break. MR. OCHS: You've got it. Thank you. (A brief recess was had.) Item #11B Page 53 September 27, 2016 THE STATUS OF THE 2016 COLLIER COUNTY RESTORE COMPREHENSIVE WATERSHED IMPROVEMENT PLAN AND TO APPROVE MOVING FORWARD WITH RESTORE FUNDING APPLICATIONS AND CONTINUE PROJECT EXECUTION — APPROVED MR. OCHS: Ladies and gentlemen, please take your seats. Madam Chair, you have a live mike. Commissioners, we move to Item 11B on your agenda this morning. This is a recommendation to review the status of the 2016 Collier County RESTORE Comprehensive Watershed Improvement Plan and to approve moving forward with RESTORE funding applications and continue the project execution. Mr. Gary McAlpin, your Coastal Zone Management Manager, is prepared to make a presentation or respond to questions from the Board; whatever the pleasure of the chair. Would you like the presentation, ma'am, or we'll go to questions. CHAIRMAN FIALA: You might as well give us a presentation so that then everybody's familiar with it -- MR. OCHS: Happy to do it. CHAIRMAN FIALA: -- in our audience. MR. OCHS: Yes, ma'am. MR. McALPIN: Thank you, County Manager, and good morning, board members. Gary McAlpin, for the record; Gary McAlpin, Coastal Zone Management Manager, and I'm also the RESTORE Coordinator for the County. Before we get started, I want to recognize two individuals: Peter deGolian with Lago Engineering, and Mark Erwin with Atkins. They're outstanding engineers, and they worked with us, with the county to develop this comprehensive plan. And a lot of what you see in here today is going to be directly as a result of their participation. Page 54 September 27, 2016 So for the last 10 months or so we worked with the community, stakeholders, regulators, and environmental groups, and we wanted to look at developing a backbone for a comprehensive watershed plan that dealt with the eastern portions of Collier County just west of the federal project that you just talked about earlier this morning. And that area would -- was the Belle Meade, the Golden Gate, the west side of the Picayune State Forest, 6L's, and Rookery Bay. We wanted to make sure this project complimented the federal project. We wanted to -- over the last 10 years there had been tremendous studies, 10 major studies, all identifying that we had problems here and all identifying similar solutions. We wanted to use those. We didn't want to recreate the wheel, so to speak. We wanted this plan to be permittable, be accomplished on a 10-year schedule, be comprehensive, be conceptual so that all of the issues were identified. There were no project killers, so to speak. It was going to be 100 percent fundable by RESTORE and supported by the legal -- the local stakeholders. We did that. And we have in front of you a program that reduces freshwater flows to Naples Bay, rehydrates the western side of the Picayune Strand State Forest. That's about 10,000 acres. And that land was purchased for rehydration, and this plan is 100 percent compatible with forestry's plan, forestry's management plan. We wanted to increase freshwater flows to Rookery Bay and improve the wet season, improve the -- let's see what we did down here. Maybe I can -- here we go. Okay. And improve the water quality throughout the whole system. So from 1940 our watersheds were highly altered, and Rookery Bay -- and they were changed with the canal network from the Golden Gate Canal System. Rookery's Bay (sic) watershed was modified and reduced by 80 square miles. Naples Bay watershed, because of the flowing from Golden Gate Page 55 September 27, 2016 Canal, increased by about 100 square miles. There has always been consensus on the impacts to the -- what we had to do, but we didn't have it move forward primarily because of money issues. So when RESTORE came, RESTORE provided an opportunity, a potential opportunity for us to look at what we can do in a large comprehensive project. So we looked at this job, and we said, okay, we're going to divert flows out of the Golden Gate Canal when flows are -- when water is available during the wet season from June to October and, more importantly, previous studies did not look at the reservations for the water for the upstream users. They have city wells there. We have county wells there. We have private wells there. All those well sources during the dry season had to be maintained. So we wanted to re-establish the historic flow-ways through the system, and we wanted to make sure that it was in concert with the federal project. So we looked at flows based on -- in the Golden Gate Canal, from 2009 to 2014, and on average, when you took out the reservations for water, we could pump 42 days out of the year. Now, this is 11 percent of the days. And on those days when we were pumping, we could bypass approximately 19 percent of the flows. Of those 11 percent of the days, it represented about 9.5 percent of the wet season flows and 8 percent of the total flows going into Naples Bay on a yearly basis. That's about 2.7 billion gallons a year, and it not only helped us with Naples Bay but it also, then, provided a source for that water to go down, rehydrate the Picayune Strand State Forest and help out with Rookery Bay. So what happened is when we looked at doing this is when we take those flows out of Naples Bay, it creates about 400 acres within Naples Bay where we changed the habitat. The salinity will improve Page 56 September 27, 2016 about two parts per thousand. You could plant all the oyster reefs that you want, you could plant all the seagrasses that you want, but if the conditions are not right to develop the habitat, they'll die. So what we've done here in four -- for approximately 400 acres, we created that habitat so that we will re-establish seagrasses, and we could establish oysters during that period of time. We also -- by taking these flows out of Naples Bay, there's about -- we save about 5,000 bags of 20-pound fertilizer on a yearly basis. Pretty significant in terms of the nutrients that would be flowing into Naples Bay, and probably just as important we eliminate the shock loads. During the wet seasons, you get the rush of freshwater into Naples Bay, and we get turbidity throughout the system. That turbidity tends to kill the flora and fauna in the bay. So we were able to, with eliminating those freshwater flows, improve those conditions into Naples Bay. We looked at the state forest. State forest had purchased the lands for rehydration. And if we sheet flow through the state forest, we could rehydrate about 10,000 acres and -- but more importantly, when we rehydrate we would not change the hydro periods, the time of different -- different species, and we would not re -- and that we would not change the water depth significantly. That was very important to the forestry people because they have listed species in through that -- that location that they could not change. So when, Commissioner Fiala, you asked about the animals and what would happen to the animals, well, in this particular plan, we're not hydrating enough to have an impact, a negative impact, on the flora and fauna or the animals within the Picayune Strand State Forest. And, lastly, within Rookery Bay we're going to improve the freshwater flows. There's about a 50 CFS deficit, cubic feet per second deficit of flows going into Rookery Bay during the wet season, so we Page 57 September 27, 2016 would be able to improve that and provide them wet weather flows. So if you look at our system that -- what we would be look doing -- if you look at our project here, you'll see this is the Golden Gate Canal. And as we -- as we have it right there, this is the property that was just purchased right next to the landfill right in through here, and we'll have about a 4,500-foot flow-way with a pump station that we would pump during wet seasons, during the time that we talked about, 100 CFS. It will have the capacity to do much more than that, but our design basis is for 100 CFS right now. From that pump station, then we will -- we will transfer the flows to the north canal of 75. This is 75 right through here. We'll flow that water down through there into a pump station, which will pump it out of the south side of 75 canals, the canals on the south side, through existing culverts. We won't change 75. There won't be any new culverts that will need to be installed. And then we'll go through the natural flow-way on through the Picayune State Forest. Now, I said this complements the federal project. This is the federal project that's outlined in red that was talked about earlier today. So we're right next to that, and everything that we do would complement that program. The natural flow-way would flow through here. We'll put culverts under Sabal Palm Road, and we will -- we have 6L's agricultural development right in through this area. We've looked at, we've talked to the 6L's, the property owners within 6L's, and we want to, in our plan, re-establish the natural flow-way through 6L's. And, lastly, in the Fiddler's Creek area and the Rookery Bay area we want to be able to provide the outlets for the flows across 41 so that we can then -- once we get the water down here, then we can flow the water to the south. So this is a project that's -- this is a work in process. We expect that the engineering and the permitting on this will take two years, two Page 58 September 27, 2016 to three years. We won't move forward to the engineering and permitting until we have funding. And what (sic) we're in here today is we have a conceptual design that is detailed enough to establish and look for funding from our different RESTORE pots. So one of the things that was -- that was always a problem, that had been a problem -- and this is a blowup of 75 right onto the north, and this is a blowup of the south side of the Picayune State Forest, and we're dealing with forestry as we speak on these issues. If you look at these areas right in through here, the green circles, this is where we have Red-cockaded woodpecker habitat. These are endangered species. The red circles are previous colonies that have been destroyed by wildfire. So when we talk to the state forest individuals, they had said, gee, we're really concerned. We want to make sure that you don't impact any of our listed species, you don't impact where we're trying to re-establish Red-cockaded woodpeckers' habitat to the northeast, you don't change the composition of the vegetation, which was very important. Thirty years ago this was all cypress swamp. Now, it's mesic hardwoods and mesic flat woods. Those are panther habitat. And whatever we did, they wanted to make sure that we did not change that. They wanted no functional decrease in their trails and their walkways, and their roads. They wanted to have the ability to have adaptability and monitoring on this program, and lastly, they wanted to make sure we had no impacts to the federal project. We modeled our job, and we were able to report back to them, back to the state forest, that we can deal with the Red-cockaded woodpeckers, we can deal with not changing the vegetative communities, we can deal with all of the hard environmental issues Page 59 September 27, 2016 that we had. We still haven't resolved 100 percent with the state forest at this point in time. Sabal Palm Road is an issue that we need to continue dialogue with them. We have another meeting with the director of the Forestry Service in Tallahassee later this month, and we'll continue to work through these items with the state forest. We're not there yet. They're the only agency that we do not have complete closure and complete agreement with. But the key to this whole thing, this program, is to use an adaptive management technique where we've designed flexibility into the system so that we can increase the flows, decrease the flows, change the flows. We can -- we can monitor an area or shut the flows off to a certain area, and that's really the important -- and that's how we're going to start this once we get to the permitting -- past the permitting phase and into construction. That's what we'll do. We'll start the system up gradually and learn from it as we start it up. So what are the critical issues that we've addressed on this item? It's basically that we're putting supplemental flows into Rookery Bay, and those flows that we're putting into Rookery Bay have a higher water quality characteristic than what the flows are currently in there. So what we're doing is through all of this sheet flow that we're dealing with, we're actually improving water quality to the end user, which is Rookery Bay. There's approximately 45 private parcels that are in the Big Cypress -- excuse me -- that are in the -- that are in the Picayune Strand State Forest at this point in time. We'll have to deal with those. We haven't dealt with those, but we're going to deal with those during the design period of time, and there's -- we have a lot of flexibility because we could use the TDR program. We could use avoidance. We could bypass properties. If so, we could work with the forestry and transfer the properties over to forestry. Page 60 September 27, 2016 So we've got a lot of flexibility there. We believe we absolutely can deal with those private property owners through how we design our system. We've had no impact. We've demonstrated no impact to the endangered species. No compact to the vegetative communities. And by putting additional hydration through the state forest, we have the ability to choke all of the cabbage palms through wet -- additional wet moisture, and that is really a fire hazard for these people as we speak right now. So this is going to work with them to provide more hydration to their forest and potentially help with the fire and also potentially help with avoiding some of the invasive species. So we also, which was very important to us as we started this project, we wanted to make sure we had community support. We have written letters of support by Florida Fish and Wildlife Conservation Commission; FWC, which is state; the Big Cypress Basin; South Florida Water Management District; the City of Naples; Fish and Wildlife Service, which is federal; the Florida Wildlife Federation; the Conservancy of Southwest Florida; Audubon; Collier County's technical -- Watershed Technical Advisory Committee; and Rookery Bay is co-sponsor of this project with us because they believe in it so much. So if you look at RESTORE, where we stand right now with RESTORE, it has three pots. The first pot is a direct component pot, and we expect to have, at the end of 15 years -- that's how much the time -- when the money is transferred to us, $6 million in that pot. And in 2014, the county was a little bit premature, and we set up a situation where we solicited projects, but we hadn't had all of RESTORE -- Treasury's guidelines established at that point in time. And we've received projects from the community. Since that time we've realized that what Treasury is really looking for right now is Page 61 September 27, 2016 large, comprehensive projects that really make a difference. So one of the recommendations that we're going to ask for is that we void out from 2014 the ranking for all the smaller miscellaneous projects that we had at that point in time and use the funds from Pot 1 to continue with our engineering design and to support this major project. We also have Pot 3 which is the RESTORE consortium. And Commissioner Henning was very instrumental in working with us and the rest of the 23 counties to establish $12.7 million, which is what we would get -- we have to go through a submittal process and an approval process. But $12.7 million has been highlighted for us to deal with our project. So that gives us about $18 million if you look at both of these projects combined. The plan that we laid out to you, we're estimating at this point in time, is 32 million. The balance of those funds we're going to apply for the RESTORE Council, which is Pot 2, which is the five major states through DEP to support that project. CHAIRMAN FIALA: I don't know if everybody knows what RESTORE funds are, but that is from the oil spill, just so everybody understands where that money's actually coming from. Are you close to the end? MR. McALPIN: I am. CHAIRMAN FIALA: Okay. MR. McALPIN: So what we would -- what we're looking for from you is a -- is a review, which we've given you, and then a direction to move forward and to continue to develop this project and to use one major project and to use funds that we have to continue with the engineering. We have approximately $1 million currently in the bank, at the end of next year we'll have 1.5 million, and we'd like to use those funds to continue to develop the engineering and, more importantly, the permitting for this project. Page 62 September 27, 2016 Thank you, Commissioner. CHAIRMAN FIALA: Thank you so much. COMMISSIONER HENNING: Move to approve staffs recommendations. CHAIRMAN FIALA: I have speakers. COMMISSIONER HENNING: Okay. CHAIRMAN FIALA: Okay. How many speakers do we have? MR. MILLER: We have one registered public speaker for this item, Nancy Payton. MS. PAYTON: Good morning. Nancy Payton representing the Florida Wildlife Federation. And we're here in enthusiastic support of moving forward with the RESTORE applications and the watershed plan to improve Naples Bay, Picayune, Belle Meade, and Naples Bay -- oh, and Rookery Bay. Got that wrong. We have a particularly keen interest in the western Picayune effort because it does rehydrate 10,000 acres of wetland habitat, and it respects the upland habitats. Often with wetland projects, the upland lands are somewhat sacrificed. But in this case, there's great respect for the effort to restore Red-cockaded woodpecker habitat. We were involved with an effort several years ago to bring in over a dozen pair of Red-cockaded woodpeckers from as far away as Georgia to re-establish that population. So we're very pleased that their needs are considered in this, and we commend Gary and his team for doing that. We just hope you'll move forward, and we will continue to engage with Gary and his team, who have done an excellent job in bringing everybody together around the table to work collegially to move this project forward. Thank you. CHAIRMAN FIALA: Thank you. Thank you. Page 63 September 27, 2016 Commissioner Taylor? COMMISSIONER TAYLOR: For Mr. Alpine. Thank you very much for this, and clearly you have broad support among the environmental community for this plan. I did read it because I was fascinated with the concept of diverting water from the Golden Gate Canal, being in the city, and Naples Bay is always on everyone's mind. And the understanding of how damaging that flow of freshwater is, it piqued my interest, and so I sat and read it. So I think -- now, help me with this. Right now I think there's 1,250 CFS of freshwater going into Naples Bay; is that correct? MR. McALPIN: That might be the total flow going into Naples Bay. COMMISSIONER TAYLOR: Yes. MR. McALPIN: I can't argue with -- I can't comment on that number, but -- COMMISSIONER TAYLOR: That sticks in my mind because what started me on this questioning is that for $32 million we're only diverting 100 and maybe 200 CFS from Naples Bay. MR. McALPIN: Yes, ma'am. That is true. I mean, but if you look at the impact that that's going to have on Naples Bay, it's pretty -- COMMISSIONER TAYLOR: It wasn't so -- it wasn't as clear as you spoke about it. I mean, what I read was oysters may come back. The salinity -- the salinity on the north side of the bridge, which is where the Golden Gate Canal is not going to change. Am I incorrect on that? MR. McALPIN: The salinity in the middle part of Naples Bay -- COMMISSIONER TAYLOR: Will. MR. McALPIN: -- will change. COMMISSIONER TAYLOR: Yes. MR. McALPIN: You won't change the salinity to the south for Gordon River, and you won't have it all the way up on the north end. Page 64 September 27, 2016 But clearly the salinity of the 400 acres in the middle will change. COMMISSIONER TAYLOR: Okay. MR. McALPIN: And that's pretty significant. I think if you look at -- Commissioner, you've got to look at it holistically, and that's what we've tried to do when we developed this plan. Sure, we'd like to develop -- we'd like to divert more flows out of Naples Bay, but the reality is, is that we've got to start somewhere, and we don't have the water reservations which would allow us at this point in time, from a paper point of view, to divert more flows. COMMISSIONER TAYLOR: Right. MR. McALPIN: We're going to do that through the adaptive management that we talked about. But, more importantly, this is a comprehensive program. It's just not identified for Naples Bay. It's rehydrating the Picayune Strand State Forest, which is in badly need of additional water, and it's rehydrating and it's providing wet weather flows to Rookery Bay, and it's improving the water quality through that whole system and the historic flow-ways through 6L. So you've got to look at it in concert in terms of what we can do, what re -- what the RESTORE consortium will approve and -- as we move forward with this, and that's what we've tried to do. COMMISSIONER TAYLOR: And I think you have, and I'm very cognizant of the fact that Rookery Bay will be a great benefit to Rookery Bay (sic) if this works. But my question is, what is your contingency plan if it doesn't? MR. McALPIN: Well, this is what we're going to do: We're going to go and we're going to seek funds for engineering. Hopefully we'll be able to use some of the Pot 1 funds that we have. We've got about two years worth of-- two to three years worth of permitting and engineering where we're going to go back and we're going to look at all of these issues again in more detail. And we will know -- we will have a much better period -- when we complete that, Page 65 September 27, 2016 that more detailed engineering and the permitting; we'll have a much better feel for what's going to happen with the additional flows and water reservations than where we're at right now. We're very confident that what we can do is divert the 100 CFS. We think it's a low number, but we're not going to guarantee or comment on any more than that. COMMISSIONER TAYLOR: Okay. Because with all of the building in the east that is planned, stormwater and how we manage it will become critical. MR. McALPIN: Right. COMMISSIONER TAYLOR: And so, you know, I don't know that this plan addressed that. But you don't know what will dot is (sic). I know FDOT has tried to -- MR. McALPIN: This is what we do know is that this plan has -- we have had 10 major studies over the past 20 years. Naples Swim Plan; the Rookery Bay just modeled the system; we've South Florida Water Management District, not just by Collier County, but by all the agencies, says that there's a problem here, that we have to re-establish the natural flows that we've got coming into this area or, you know, we're going to continue to deteriorate that eastern corridor. That's what we're trying to do. Now, I don't -- so we have to look at what we've got right now and how that works moving forward. We have to -- we have -- we will work with the U.S. Army Corps of Engineers on the eastern corridor to complement both these projects, ma'am. COMMISSIONER TAYLOR: Okay. Just, as you go forward, if you could interface with the development in the east so that -- or in the -- is it the north -- in the north, excuse me -- with all the rural lands and all the projected development in this area, you know, the buildout of Collier County, stormwater is critical. We just passed, in December, a 50-year plan of using stormwater Page 66 September 27, 2016 as a commodity. You know, I didn't see it in this -- and this is not a criticism. This is a wonderful plan, but I just think we need to somehow integrate the concept, is this going to be something -- is this area going to be something that we do, that will be hydrated even more, and what's that going to do when we have buildout? And I don't know the answer to that. MR. McALPIN: That will all be part of the detailed design that we do, Commissioner, that we would bring back to this board when it is complete and have those discussions with this board. COMMISSIONER TAYLOR: Okay. MR. McALPIN: And most of the rehydration is going to be in the Picayune Strand State Forest, which is public lands. So that's where most of the rehydration is going to take place, in the big middle section. COMMISSIONER TAYLOR: Okay. And then, finally, the third -- the amount of money, the 12 million and 6 million, is that it? No more money from RESTORE, or is that just this year's? MR. McALPIN: Well, that's it from Pots 1 and Pot 3. COMMISSIONER TAYLOR: Okay. MR. McALPIN: Pot 2 is the wild card. That's the one that has all the money, and that's the one that is controlled by the five states. And our gatekeeper for that is FDEP. FDEP likes our project, but they won't guarantee anything at this point in time. COMMISSIONER TAYLOR: Okay. Thank you. CHAIRMAN FIALA: Thank you. Commissioner Nance? COMMISSIONER NANCE: Yes. Let me try to bring this together for everybody's thought process relative to other things that have gone on. I think this is a wonderful project. I support it 100 percent, you know. And you've heard me pontificate a number of times saying that, Page 67 September 27, 2016 much to everyone's chagrin, Florida is becoming a completely managed system. This is just one effort that we're going to have to get us back to where we are heading and where we need to go. The Board and the staff and the Water Management District and our other partners are going to have to further support us in the north Golden Gate flow-way restoration project, which is a companion to this. And if we're smart, we are going to get the support through our Growth Management Plan updates to consider, once again, how do we deal with the sending lands other than these in the rural fringe? Hopefully, we'll have community support and staff support and agency support and advocacy support for a low-density overlay over and across the 100,000 acres that's Golden Gate Estates so that we can reconsider dispersed water storage in that 100,000 acres in the geographic center of our county. And, of course, we're going to have to try to make sure that we get the large percentage of lands protected from development in the RLSA where most of this development will take place. If you start to add all those efforts together and if you can somehow negotiate the maze of agencies and permits and planning that you need to do to get all those in concert, we have the tools before us to solve the problem. You're not going to solve it just with this one, but together with all these other efforts you're going to back into a more natural system, which is what we need to do to begin with. But it's going to be agonizingly slow. It's going to be just like the long period of time that it took us to get in this much trouble. It's going to take us that much time and a whole lot of money, too, to get us out of the trouble. So I hope everybody has just got their patient hat on and they're determined to consider the same sorts of topics as we consider each of these growth management plans and these other projects. So that will take us to where weg o. Page 68 September 27, 2016 Let's vote. I'm in favor of it. CHAIRMAN FIALA: Well, Commissioner Henning, actually half an hour ago, made a motion, but he's now not in the room anymore. COMMISSIONER TAYLOR: I'll second his motion, if the motion's still on the floor. CHAIRMAN FIALA: I don't even know what it even said anymore. COMMISSIONER HILLER: Motion to approve. MR. CASALANGUIDA: The recommendation. CHAIRMAN FIALA: Okay. And you seconded it. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Okay, fine. Oh, here he is. Okay. We're just using your motion that you presented a while back. All those 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? (No response.) CHAIRMAN FIALA: Good. That's a 5-0. Thank you. Let's move on. Item #11C AN UPDATE ON WORK COMPLETED TO DATE AND TO SEEK BOARD APPROVAL TO PROCEED WITH PHASE II OF THE ANALYSIS OF ESTABLISHING A STORMWATER UTILITY - AN ALTERNATIVE USER FEE BASED FUNDING Page 69 September 27, 2016 SOURCE FOR ONGOING AND FUTURE COLLIER COUNTY STORMWATER MANAGEMENT RELATED INITIATIVES AND OPERATIONS — MOTION TO APPROVE RECOMMENDATIONS — APPROVED MR. OCHS: Item 11C is a recommendation to accept an update on work completed and to seek board approval to proceed with Phase II of the analysis of establishing a stormwater utility. Mr. Wilkison will present. MR. WILKISON: Good morning, Commissioners. For the record, David Wilkison, Growth Management Department Head. I'd like to introduce the team that is supporting me in this item today. We have our stormwater management team, Amy Patterson, Jerry Kurtz, and Gino Santabarbara, and also with us today we have our consultant on this particular project, Mr. Steve Lienhart, PE, from the firm AMEC, Foster, Wheeler, excuse me. And, you know, Commissioners, last year when we had our integrated water management resources workshop, we first introduced the concept of a stormwater utility to you. And, you know, it presents a stable sustainable option to meet the funding needs of our stormwater capital and operations budget plus something to fund our aging infrastructure. As you know, we talk about it all the time. We have a lot of infrastructure here in Collier County that was built '50s, '60s for many of our subdivisions here in town that is aging, and it is something that -- it takes a tremendous amount of both operation and maintenance monies, and in addition to that, it takes the money to rehabilitate it. So we brought that up, discussed it very briefly, and we asked for your direction to engage a consultant to do a feasibility study of a stormwater utility. And, subsequently, we did that, and we worked with the firm of AMEC, Foster, Wheeler. And we're here today really Page 70 September 27, 2016 to give you an update on that feasibility study and, secondly, to ask for your authorization to move forward with the second phase of the analysis of a stormwater utility. COMMISSIONER NANCE: Commissioner Henning, do you have a question, sir, at this time? COMMISSIONER HENNING: Yeah. What's going to happen to the existing monies allocated to stormwater? MR. WILKISON: Well, you can really -- and we do have a slide that addresses that. You can -- you can phase it in and do a combination of both General Fund funding -- you know, we have a -- we actually have a funding source now that is approved up to a certain millage rate, and so you can do a combination of both and phase in or you can go through the analysis of stormwater utility and make a switch from General Fund on the actual utility. COMMISSIONER HENNING: Okay. So the monies applied to it is not going to go away? It's going to be either used for stormwater or used for other things. MR. OCHS: Commissioner, that's up to the Board, obviously. COMMISSIONER HENNING: Yeah. Well, I mean -- MR. OCHS: You can reallocate it or you can eliminate it from the budget or put it in reserves, whatever the Board would -- COMMISSIONER HENNING: Obviously, this is going to be the new board, and I think it needs to be clear to them that monies are already applied. It was a new tax going for stormwater, dedicated for stormwater. So they need to make that -- they need to be aware of it so that they can make that decision whether they're going to do away with this, okay. How many millions is being applied now? MR. OCHS: There's about four and a half. COMMISSIONER HENNING: Each year? MR. OCHS: Yes, sir. COMMISSIONER HENNING: Okay. And apply a new tax Page 71 September 27, 2016 without getting rid of the old tax or keep it. That would be my comment. It's just a -- well, I'm not going to say anymore. COMMISSIONER TAYLOR: Why? COMMISSIONER HENNING: What? COMMISSIONER TAYLOR: I mean, we value your thoughts. COMMISSIONER HENNING: Yeah, well, sometimes it's not worth saying. COMMISSIONER TAYLOR: Okay. COMMISSIONER NANCE: I'm going to turn the floor back over to Chair Fiala, but before I do that I'm going to say, you know, dedicated funding sources for infrastructure is going to be something that the new board is definitely going to have to consider, because I do not think the resources currently exist -- I'm sorry to say that -- to accomplish some of the goals to expand, repair, and replace the infrastructure that we have. If you support the sorts of items that we just talked about in the last item, it's going to take money to create the infrastructure to provide the management that's needed to make those complicated restoration efforts occur. And I think it definitely -- we should definitely proceed with this analysis for the new board. I'm going to support it as a citizen off of this board because I feel like there's nothing much more important. And everybody needs to be cognizant of the fact that all of the other issues in the state of Florida that are taking place regarding water quality and quantity issues are things that Collier County is going to have to compete against. There's a lot of attention being spent in the state of Florida to Lake Okeechobee water issues, for example. That is to our north and not in our basin. I certainly support what they're going to need to do up there, but there's only so many federal dollars going to come for water issues in the state of Florida, and I don't want Collier County to Page 72 September 27, 2016 go without because the emotion is driving all the dollars to some other cause that I don't think is, frankly, any more important. If we don't focus on what we've got here, we can certainly struggle with the same sorts of water quality and quantity issues here. We're not immune from that. We might not be on the front page of the paper yet, but we need to do whatever we've got to do to not have that occur. So I certainly think this is thoughtful, I think it's timely, and I'm going to make a motion to approve the recommendation. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: I have a motion on the floor and a second. I have no other speakers. Any further comments? (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? (No response.) CHAIRMAN FIALA: Okay. MR. WILKISON: Thank you, Commissioners. CHAIRMAN FIALA: Now we move onto what, 11E? Item #11E THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER — APPROVED Page 73 September 27, 2016 Item #11F EXTENDING THE COUNTY MANAGER EMPLOYMENT AGREEMENT WITH LEO E. OCHS, JR., FIXING THE END DATE OF THE THIRD EXTENSION TERM AS SEPTEMBER 30, 2019 — APPROVED MR. OCHS: Yes, Madam Chair. Item 11E is a recommendation to complete the annual performance appraisal for the County Manager. Commissioners, the employment agreement between the Board and the County Manager requires that the Board conduct an annual review of the manager each September. Consistent with that guidance, the Board has been kind enough to complete their individual annual appraisals. I've had an opportunity to speak to each one of you about that and appreciate your continuing feedback and constructive criticisms. And based on the overall grading, which is a three-point scale of 1-3, when you average all of the grades of the individual evaluations, the overall average grade for this last 12-month period is 2.62 on a three-point scale. I think that -- COMMISSIONER HENNING: Wow. MR. OCHS: I appreciate the support of the Board. I think we've had a good year again as an organization. We continue to, in my view, effectively implement board policy. We've delivered high-quality, cost-effective services to your constituents based on the level-of-service standards that this board has directed, and I think we continue to act as good stewards of the taxpayers' money. And with that, I would ask the Board to accept the evaluation, and that would complete the process for the annual performance appraisal. One last thing that I should point out, as I have over the last seven Page 74 September 27, 2016 years, I am voluntarily foregoing any consideration of a merit payment based on performance despite the requirement in the contract, and I do that continually until such time as our budget will allow us to offer that merit pay for performance option to our entire workforce. Any questions? I'm happy to respond. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: County Manager Ochs, I can't imagine how awkward it might feel for you to sit there and talk about yourself but, you know, I think that -- I don't know how else we do it. I sat here and thought, well, I guess our chairman could do it or whatever, but, you know, I think it speaks well, the evaluation of you by this board. And, you know, going forward -- you know, I think you reminded me very much in your last remarks about how difficult a time it's been and challenging a time it's been to manage a workforce of hard-working people, some of which had to be let go over a great period of time. And I think you've done a very good job. MR. OCHS: Thank you. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. Like -- I sent a message to Leo, and I said, you know, this is one of the most difficult things that I do every year is the annual meeting, annual evaluation, and I'm glad I don't have to do it again. But with that said, it's been a real pleasure working with the County Manager and his agency on how to make things happen, to accommodate to get things done for the citizens and visitors in our community. So I'm going to make a motion to accept the evaluation and also the contract amendment. COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. I have a motion and a second. Page 75 September 27, 2016 Commissioner Nance? COMMISSIONER NANCE: Yeah. I just want to make a couple of comments. You know, Mr. Ochs as County Manager -- and the County Manager's position is really the operations branch of the government. He's the guy that, after all the policy is there and the budget is in place, you know, he has to wrangle together the staff to make the doughnuts. It's not an easy job. Under the best of circumstances, it's not an easy job. Under the worst of circumstances, it's a pretty awful job. It really is. I've been there. I've worked for companies in good times and bad times, and I can tell you I have a tremendous amount of respect for the county staff that's got to get the job done, and they do a great job day in, day out. Not only that, they do it with a smile on their face, and this guy is a classic example of somebody that can go out when the beads of sweat are on his head, put a smile on his face, and go out in public and represent the county government. And I take my hat off to him. I know there are days when he's had to go in -- and my dad always said, you know, when you get the worst of circumstances and everybody's at each other's throat and arguing, if everybody's a little mad at you, you probably found the right way to do it, and this is the sort of job that this guy does very well. So I certainly support the motion and thank him for his service and thank all the staff that works with him that make him look pretty good from time to time. MR. OCHS: Yes, sir. Thank you very much. CHAIRMAN FIALA: Well, I'll just join in then, as I call for the motion, and say, you've led us to success. We are comfortably sitting now financially. Our team has increased enough to try and handle all the business that's coming in that sometimes is overwhelming. And you do it with a smile on your face, so it was -- it was a good year. Page 76 September 27, 2016 MR. OCHS: Thank you. CHAIRMAN FIALA: And with that, I call the question. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. MR. OCHS: Thank you. CHAIRMAN FIALA: And now we go on to F, which is... MR. OCHS: Madam Chair -- COMMISSIONER HILLER: That was done. The motion was for both. MR. OCHS: I think Commissioner Henning's motion included both items. CHAIRMAN FIALA: Oh, good; oh, good. Then we don't even have to do that. COMMISSIONER HENNING: Yes. CHAIRMAN FIALA: Good. Moving on. Okay. MR. OCHS: Yes, ma'am. That will take us to Item 11G. COMMISSIONER HENNING: And I'm not going to need you after November. CHAIRMAN FIALA: What did he say? COMMISSIONER TAYLOR: What did you say? COMMISSIONER HENNING: I'm not going to need him after November. Item #11G Page 77 September 27, 2016 THE PURCHASE AND INSTALLATION OF LED SPORTS LIGHTING FROM MUSCO LIGHTING, INC. AT GOLDEN GATE COMMUNITY PARK IN THE TOTAL AMOUNT OF $520,000, AND; WAIVE COMPETITION FOR THIS SINGLE SOURCE VENDOR, PROJECT NO. 80319 - MOTION TO APPROVE STAFF RECOMMENDATIONS — APPROVED MR. OCHS: 11G is an item that was moved from your consent agenda to your regular agenda. It was previously Item 16D1. This is a recommendation to approve the purchase and installation of LED sports lighting from Musco Lighting at the Golden Gate Community Park in the total amount of$520,000, waive the competition for the single-source vendor. And Mr. Barry Williams, your Parks and Recreation Division Director, will present. Barry? MR. WILLIAMS: Barry Williams, Parks and Recreation Director. Madam Chair and Commissioners, certainly if there's a question I can answer, I'm happy to do that, so... COMMISSIONER TAYLOR: Well, I just don't understand why we're not going out to bid. MR. WILLIAMS: Okay. COMMISSIONER TAYLOR: You know, it's not one light you're replacing. It's the entire field lights. MR. WILLIAMS: Yes, ma'am. COMMISSIONER TAYLOR: And this particular vendor has a trail of history behind where other communities have questioned what they're doing. So I think it's incumbent upon us to go out to bid when we're talking about a much larger project than one light, because this vendor is single source, and that limits what you can do going in the future. It's kind of like the elephant. You know, you get his nose in Page 78 September 27, 2016 the tent, or whatever that sentence is. MR. WILLIAMS: Yes, ma'am. COMMISSIONER TAYLOR: You know, we go down this slippery slope and there we are. So I think it's incumbent. Now, they may come in the best price, and that way, great, but we need to go out to bid. MR. WILLIAMS: Ma'am, if I may,just to explain why we did it this way and just in terms of the situation at Golden Gate Community Park. At Golden Gate Community Park you have four athletic fields. You have a softball field, or two softball fields, a baseball field, and a Little League field. You also have a soccer field, so there's five athletic fields that we have there. The system that we use in all of those lights there are Musco lights. They were installed, you know, when the park was first created. So we had this windstorm event that occurred last January, and part of that system involves a remote control system where we are able to control the lights. And it used to be, you know, in the park system, back 30 years ago, you would have to go -- you know, when the kids played, you would have to go turn on the lights manually, and then after the kids were through playing, you'd have to turn them off. So this system that we installed associated with the Musco lighting allows us to use our smart phone to program the lights to come on and turn off when they need to. So that system is a controlling system that's part of what we have at Golden Gate Community Park. We can go out to bid, but the system that we have is not compatible with another vendor, so that was part of our rationale. What we want to do is replace the lights, the Musco lights that we had there with similar product so that it's consistent with the technology that we have. We did seek out a Clay County contract. Clay County had competitively bid and awarded to Musco for this service, so the pricing Page 79 September 27, 2016 is based on that. We think it's a fair price. We looked at some comparisons with other light projects in terms of the cost per pole. Ours is a little bit higher. One of the considerations there is part of this job involves, you know, these poles -- these light poles that we have are 25 years old, so we need to demolish those, take them down, and so that's a cost associated with the project. You could competitively bid this. You could get a different vendor in, but then part of what you'll have to do is to change that Musca -- or that proprietary system that remotely controls the lights. So that's the disadvantage in going down that road. But we're here to follow direction of the Board. We -- you know, from staffs perspective, this is, you know, the recommendation that we're making. CHAIRMAN FIALA: Barry, I need to call on Commissioner Henning, but as you were explaining that, does that mean, then, we'd have to replace things, so it would cost us even more money; is that what you're saying? MR. WILLIAMS: Well, I think you would want to maintain that technology of remotely turning on the lights. I can't tell you how much time and effort that saves, you know, in terms of staff time. So you would definitely, if-- if you got another vendor in there, you would want to change that system, you know, to keep that, so it would cost more money, yes, ma'am. CHAIRMAN FIALA: Okay. Commissioner Henning? COMMISSIONER HENNING: So the poles are coming -- being replaced? MR. WILLIAMS: Yes, sir. That was part of the issue that we investigated. We had an engineer to look at the integrity of those poles. Again, the park is about -- those lights are about 25 years old, so they met their useful life. They had some cracking that was a concern. Page 80 September 27, 2016 The lights themselves on the poles are also 25 years old, so the decision was to -- because of the integrity of the poles, pull those poles down, put new poles up and also install the new LED lighting. Again, with energy savings from that. COMMISSIONER HENNING: So we're replacing the lights that had been -- that were damaged by the storm? MR. WILLIAMS: Yes, sir. COMMISSIONER HENNING: So the whole thing? MR. WILLIAMS: The lights -- yes, sir. COMMISSIONER HENNING: You know, you don't need to use a certain brand to turn a light on and off remotely. You don't. MR. WILLIAMS: Well, you have a system in place that does that. It cost us about $50,000. If you change the lights to a different manufacturer, you're going to have to change that system. COMMISSIONER HENNING: No, I don't agree with that at all. Where's the -- where's the engineer's comments on that? That's -- I mean, that's -- MR. WILLIAMS: Well, let me further explain this system. COMMISSIONER HENNING: You can't sell me on that one. I'm going to go with Commissioner Taylor that you don't know what you're getting until -- COMMISSIONER TAYLOR: Yeah, you bid. COMMISSIONER HENNING: -- you go out to bid, and -- MR. WILLIAMS: Commissioner Henning, if I could just explain this system. This system will not work with any other system. It's -- the Musco -- the system is connected to Musco, their organization. So they can tell us when a light burns out in our system based on this. COMMISSIONER HENNING: You mean they're controlling it? MR. WILLIAMS: They have the ability to control it. We have the ability to control it. The system is not compatible with any other lighting system. If we get a different vendor in there, we're going to Page 81 September 27, 2016 have to get a different remote control system is what I'm telling you. COMMISSIONER HENNING: Well, I know what you're telling me. I can't believe it; I'm sorry. MR. WILLIAMS: I understand. I'm just -- I understand. COMMISSIONER HENNING: Have you worked with an engineer to produce this bid? MR. WILLIAMS: We worked through our Facilities Management Division, yes, sir. COMMISSIONER HENNING: Uh-huh, okay. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Yes, thank you. You know, companies that provide advanced systems of all kinds are not foolish. They know that when they build and invest in proprietary technology and systems, that it gives them an advantage once they are the incumbent supplier of goods and services. We went through a whole evaluation of that when we looked at our 800 megahertz radio system where we had a competition between Motorola and Harris, okay. That is integral to a lot of these systems. This should not be shocking to anybody. They do that on purpose. And what we're going to find going forward in this county with IT, with LED light systems, with energy-saving systems of all sorts. The closer you get to cutting technology, the more you're going to find these companies offering proprietary things to you. That comes with a cost. I have no problem with selecting, with having staff make a recommendation to the Board and coming forward with items of this nature. I know that the new board is going to -- is going to have many more of them than this board has had to consider; however, I will tell you that I hope that what purchasing does is purchasing takes those issues where you have an element where staff is making the recommendation based on best product or best service and simply Page 82 September 27, 2016 brings it to their board on a full-blown agenda item and let the Board make that decision, because I think you're going to increasingly have a circumstance where you're not going to have two companies that are going to offer comparable systems that you can honestly bid one against another. I think you're going to have bad information, and I don't think you're going to -- you know, ultimately, somebody's going to have to dig into the nuts and bolts on it, figure out what's the best value for Collier County, and bring it forward with a staff recommendation. I don't think a bid process in a dollar number is necessarily going to describe it. It certainly did with the radio system. I know we went through that for meeting after meeting after meeting. So I would ask you just to do that, and I think it will give -- when you do that and you lay it all out before the Board, I think it will give it some comfort to the Clerk's Office, and I think it will also take pressure off of staff. I don't think it belongs to the consent agenda. But, you know, at the same time, I respect staffs evaluation and, you know, I just think they should bring it to the Board for a decision. CHAIRMAN FIALA: So did you want to make a motion then? COMMISSIONER NANCE: I'm going to make a motion to approve the item based on staffs recommendation. CHAIRMAN FIALA: Okay. Do I hear a second? COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. I hear a second. No further comments? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. Page 83 September 27, 2016 CHAIRMAN FIALA: Opposed? COMMISSIONER TAYLOR: Opposed. COMMISSIONER HENNING: Opposed. CHAIRMAN FIALA: Okay, 3-2. MR. WILLIAMS: Commissioners, thank you. Item #12A THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY — APPROVED Item #12B EXTENDING THE COUNTY ATTORNEY EMPLOYMENT AGREEMENT TO SEPTEMBER 30, 2019 - APPROVED MR. OCHS: Madam Chair, that takes us to Item 12A, County Attorney's report: Annual performance appraisal for the County Attorney. MR. KLATZKOW: Commissioners, this is awkward. I'd like to thank you for the feedback you gave me on the performance evaluations. It was very kind. And I'd like to especially thank my staff. I mean, I've got a staff that really cares about what they do and works hard. And you don't see a lot of these people. A lot of these people, the paralegals and the assistant county attorneys, and they go unrecognized in a lot of cases, and they really do very good work, and they work very hard, and they're very diligent. And I'm most proud of what I've done here because of the people that I have. And I just wanted to thank them and thank the County Manager because his people have been very easy to work with all these years, very responsive, and it makes my job much easier. And I'm here for Page 84 September 27, 2016 any questions. CHAIRMAN FIALA: Any comments from anybody? (No response.) CHAIRMAN FIALA: Well, you've had a tough year, a lot of things to deal with. I think you've worked hard, and I think you deserved a very good performance rating. Oh, I've got a couple comments. I don't know who's first. COMMISSIONER TAYLOR: It was really a tie this time. COMMISSIONER NANCE: It goes to the lady then. COMMISSIONER TAYLOR: All right, all right. Do we know what your average scores -- did you figure that out? MR. KLATZKOW: It was 2.7. It's in the backup. COMMISSIONER TAYLOR: Okay. Thank you. I have enjoyed working with you, Mr. Klatzkow. I think your -- you keep the law at the forefront. This is a very difficult job you and the County Manager have. To keep five people -- happy is not the word -- satisfied and at least feel that you're doing your job, and I think you have done your job very well. You are direct, and you speak what you believe is accurate no matter where it falls, and I can't tell you how much I respect and appreciate that from you. MR. KLATZKOW: Thank you. COMMISSIONER TAYLOR: You're welcome. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Yes. I think the County Manager's (sic) Office performance and statistics as presented by Mr. Klatzkow speaks for itself. The one added thing that I would like to say -- and I tried to do that in my comments to him -- was that I very -- I had an opportunity to work with him as a designee from the Board on a couple of very, very difficult negotiations and items, and I found that the County Manager was very, very intuitive. Page 85 September 27, 2016 COMMISSIONER TAYLOR: Attorney? COMMISSIONER NANCE: Excuse me -- the County Attorney was very, very intuitive. He was on point. He was very, very skilled at reaching accommodations, sometimes under the very worst circumstances, and I just think Mr. Klatzkow's demeanor and skills are very, very well suited to public administration. So I think the county has a great asset in him, and I gave him very high marks because of that. CHAIRMAN FIALA: Do I have a motion? Yes, Commissioner Henning. Oh, I'm sorry. COMMISSIONER HENNING: Madam Chair, I move that we accept 12A and approve 12B. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: Okay. I have a motion and a second. COMMISSIONER HENNING: And with that, I had a conversation with the County Attorney on both these is, you know, where are we doing this, why are we giving an extension outside of what the contract already provides, which is two-year, and then a three-year, and his explanation was, well, you don't want to have a contract that doesn't allow you enough time if the Board wants to seek other, like a county manager or county attorney. You want to give that -- you know, that window, so yeah, you don't have that -- you don't lose that continuity changing over and stuff like that. CHAIRMAN FIALA: That makes sense. COMMISSIONER HENNING: So I felt very comfortable with that, and that's why I made a motion on the other one also. CHAIRMAN FIALA: Great. So I do have a motion and a second. Any further conversation on this subject? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. Page 86 September 27, 2016 COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) MR. OCHS: Madam Chair, that takes us -- MR. KLATZKOW: Thank you, Commissioners. Item #14A EXECUTING CONTRACT NO. 16-6561 "DESIGN SERVICES FOR MARCO EXECUTIVE AIRPORT TERMINAL" IN THE NOT-TO-EXCEED AMOUNT OF $1,209,298 TO ATKINS NORTH AMERICA — APPROVED MR. OCHS: That takes us to Item 14A under airport authority. This is a recommendation to approve and authorize the chairman to execute a contract for design services for the Marco Executive Airport Terminal Expansion in an amount not to exceed $1,209,298 to Atkins North America. And Mr. Wilkison can either make a presentation or -- CHAIRMAN FIALA: Motion to approve. COMMISSIONER NANCE: Second. MR. OCHS: This is our FAA funding. CHAIRMAN FIALA: Yep, great. Great presentation, David. COMMISSIONER NANCE: Good-news item. MR. WILKISON: Thank you. CHAIRMAN FIALA: Yeah. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. Page 87 September 27, 2016 COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) MR. WILKISON: Thank you, Commissioner. CHAIRMAN FIALA: We can probably get the rest of the meeting done right now. Item #9A ORDINANCE 2016-29: VINCENT ACRES RPUD, PUDZ- PL20150001945-AN ORDINANCE AMENDING ORDINANCE NUMBER 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 RESIDENTIAL MULTI-FAMILY-12 DISTRICT (RMF-12 (10)) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE VINCENT ACRES RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 85 SINGLE- FAMILY RESIDENTIAL DWELLING UNITS OR 118 TOWNHOUSE RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED WEST OF COLLIER BOULEVARD AT THE SOUTHWEST CORNER OF DAVIS BOULEVARD AND MARKET STREET IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 16.8 +/- ACRES; PROVIDING FOR PARTIAL REPEAL OF Page 88 September 27, 2016 ORDINANCE NO. 93-73; AND BY PROVIDING AN EFFECTIVE DATE [PUDZ-PL20150001945] — ADOPTED MR. OCHS: Well, Commissioner, that would take us to your land use item, which is Item 9A. It was previously Item 17B on your summary agenda. This item requires ex parte disclosure be provided by commission members. And this is a recommendation to approve the Vincent Acres RPUD rezone. And also disclosure, if it hasn't already been given by the board members. I think most of you during the setting of the agenda, but that would be in order at this time as well. CHAIRMAN FIALA: Okay, fine. Do you want to swear in our speakers? (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN FIALA: Okay. And for disclosure, we can start with -- oh, Commissioner Henning, you already declared, didn't you? COMMISSIONER HENNING: I did. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: I did, too. CHAIRMAN FIALA: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: And I did. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: It's unanimous. CHAIRMAN FIALA: Okay. And I had spoken to a lot of people, but I don't think I mentioned them, so let me do that now, and that is I had -- I attended a neighborhood information meeting; I spoke with a number of neighboring community people; I also spoke to Patrick Vanasse, Nick Kouloheras, and the Hearing Examiner and some members of the Planning Commission. Okay. Now, I pulled this off, so rather than going through a long presentation, let me just tell you why, and we can get right down to the Page 89 September 27, 2016 crux of this thing. And I had a lot of questions, and that was what it was. I met with Nick Kouloheras and Patrick Vanasse, but I hadn't seen all of the backup material or anything when I met with them. And when I went through it, I found there were a bunch of questions I had here. And so I thought, well -- this was at 11:30 last night, so I didn't bother to call anybody. I just thought I better pull it off or just talk to somebody about it. So first thing I wanted to know is, I see that one of the deviations, you wanted to eliminate sidewalks on one side of the street, right? MR. VANASSE: For the record, Patrick Vanasse with RWA. We are asking for deviation for an alternative sidewalk plan. So in the end we feel we have a much better network of sidewalks throughout the entire community. We have a ring that goes through -- on the outside of the community, and the side where we have no homes that interconnect, we're asking for a deviation to not provide those, and what we're doing is we're providing more sidewalk internal to the project. I've got an exhibit for that. CHAIRMAN FIALA: Let me just ask you if I understood what you just said. I understood that there will be sidewalks on all parts of the roads that have homes, and where there aren't any homes, like in a preserve, that's the only sidewalk eliminated; is that what you really said? MR. VANASSE: Not with regards to preserve. If you look at the exhibit that's on the TV here, the dark gray illustrates all our sidewalks. So the "R" tracts are identified; those are all residential. So what the network does is it interconnects all the homes with sidewalks, and it provides connection to all the green spaces that we have. We have a network of green spaces throughout the entire project in the middle and connecting all the way through to the lake, and even Page 90 September 27, 2016 right by the lake we have a recreational area tract for a small park and a bulk-headed area where people can have access to that lake, and we even provide a pathway all the way around the lake for everybody. CHAIRMAN FIALA: Okay. Now, so in that center section there where you have the cul-de-sac and then you have homes along the middle but isn't a sidewalk on either side of that, is that what you were eliminating? MR. VANASSE: There are no homes here. This is -- CHAIRMAN FIALA: You had said RA is residential. MR. VANASSE: RA is recreational area. CHAIRMAN FIALA: Oh, okay. MR. VANASSE: So the middle area here is going to be a central green. This is also going to be green space and green space over here. We are eliminating the sidewalk that would be on the outside of the roadway, simply. And we are adding additional sidewalks and interconnections throughout. We think that it provides a better network. It brings people internal to the project. It creates it where the focal point are those green spaces where you're going to have social interaction. Also we think it's a way to bring the pedestrians internal to the project where the speeds will be slower than on the outside perimeter. So we think it's also a safer design. CHAIRMAN FIALA: Of course, and it's a way to save money by not putting in any sidewalks, too. So I just -- I haven't seen this program in action, so -- okay. Now you've answered my question. I'll just keep a watch and see if it actually benefits the community like you say it will. Okay. The next question is, how much do these places sell for? MR. VANASSE: I'll let Nick Kouloheras answer that question. MR. KOULOHERAS: Good -- well, it's almost afternoon. Good afternoon. Nick Kouloheras with Habitat for Humanity. The Habitat for Humanity homes in Vincent Acres, what will happen is at the time, Page 91 September 27, 2016 well, right before occupancy, Habitat will go out and seek a third-party appraisal, and they will sell for whatever fair market value on that appraisal is. CHAIRMAN FIALA: It mentioned $200,000 in the backup. Is that -- MR. KOULOHERAS: Correct. That was -- in the NIM, that was just an example given; someone had asked the same question. And, you know, I can't -- at the NIM that was just the example I gave. I said, well, if it's 200 -- because they were trying to ask about affordability as well, and so that's how I broke down that example of 200,000, then 150,000. CHAIRMAN FIALA: Well, in the last community that you built, how much did they sell for there? MR. KOULOHERAS: The one we are currently building right now on Immokalee Road and Collier Boulevard is 195,000 -- 194-. CHAIRMAN FIALA: Well, yeah, but that's going to be a different quality than this, right? MR. KOULOHERAS: In what way? This is a two-story. CHAIRMAN FIALA: Well, I know you said you were going to do a little bit more upscale, right? MR. KOULOHERAS: Yeah. So this community right now is a front porch neighborhood design. It is a single-family two-story building, which will be the first for Habitat. And the idea here is that you're going to come down a boulevard-type look, if you will, in the center and around the perimeter, and you will have a much more urban feel to it; mature trees, landscape tree program that will help just with that community feel and that just -- I don't really have any better way to put it just than a front porch neighborhood. The design of the homes have porches, some both downstairs and upstairs, just to create a really neat design. We're also taking over 100 percent maintenance of the lots, the Page 92 September 27, 2016 home -- single-family home property as well as the common area. CHAIRMAN FIALA: Are you sure you're going to do that, because that was another question I had where it said we were hoping to, but you didn't know. You might just turn it over to the families, so... MR. KOULOHERAS: Well, right now all the -- CHAIRMAN FIALA: But you put it on record that you're definitely going to do that. MR. KOULOHERAS: Well, the tricky part about that is that there is a number of costs associated that we're not positive of yet because we don't have -- we're in ERP permitting, and we don't have all of our data but, however, right now it is certainly our intention to maintain all of the common space. And if you look at the site plan, because the lot size shrinks, the majority of the property now is now common space to the HOA. CHAIRMAN FIALA: So common space doesn't mean the people's front yards. It only means the recreational area. MR. KOULOHERAS: No. It means recreational area or it means the entire primary berm, and it means -- it really means anything within the Collier County right-of-way width. CHAIRMAN FIALA: Okay. But not the people's yards? MR. KOULOHERAS: It is our intention to maintain the people's yards right now. That is what we plan on doing. CHAIRMAN FIALA: So we have a couple intentional things, but we need to keep track of that. And I would ask staff to get back to me and let me know what they actually end up doing so we know what -- you know, how your intentions move along. MR. KOULOHERAS: As soon as our other permitting wraps up, which will hopefully be within the next 12 to 14 months -- and I'd be happy to keep you right in the loop on that. But like I said, we're doing it right now in our community in North Naples that we're building. Page 93 September 27, 2016 We're budgeting for it. We're budgeting the HOA for it. We're looking -- doing a lot of hard negotiating with contractors to make sure we get the best product. CHAIRMAN FIALA: But you said that you couldn't build this along the same -- the same criteria that you're going to do in that one. You had told me that. Not recently. You told me that a few months back when we were talking about it and what you were going to add there and what this was going to be. MR. KOULOHERAS: Well, this -- certainly, we want this to be the flagship. You know, this is -- you're going to see this right as you get off Exit 101 and, obviously, we want people to be proud of what they see. And so we're going to do everything possible to make it as best as we can. CHAIRMAN FIALA: Are you going to build single-family homes or duplexes? MR. KOULOHERAS: Our intention right now, the plat that's under review by staff, is 79 single-family detached homes. CHAIRMAN FIALA: Okay. So -- but you didn't really tell me again you're definitely going to do that. So many times they say we'll never buy another place in Trail Acres again, and they go back and buy many, many, many more. So what is really -- what are you going to do, not your intention? MR. KOULOHERAS: Well, I can tell you right now we have spent the better part of three years and about $300,000 with that as being our intention, a single-family community. That being said, back to the permitting process. There are certain things within the ERP permit, such as U.S. Fish and Wildlife concerns that we haven't heard back from that agency yet, and so where I would like to reserve the right, there's -- obviously there's an economy of scale, especially for affordable -- workforce housing. And if we need to increase that and create some type of product Page 94 September 27, 2016 mix between an attached villa and a single-family to make that scale work, then we'd like to leave that right open. CHAIRMAN FIALA: Well, we've seen that duplexes do not work well. I'm sure that you know that we've all been aware of that, too. And being that you're building most your stock in East Naples, we'd like it to be of a quality that isn't -- that doesn't repeat the past. That's why I'm asking you these things. MR. KOULOHERAS: Certainly. CHAIRMAN FIALA: When I see that the lot width is 1,100 square feet for a whole lot up to 1,680 square feet, heck, the inside of my house is only 1,779 and I don't have a whole house and a garage and a driveway in there. It's going to be kind of hard to fit something in that teeny little lot. MR. KOULOHERAS: Well, with our single-family -- I'll let Patrick probably answer more of the details. But with our single-family home, the standard lot would be just over 2,000 square feet. CHAIRMAN FIALA: It doesn't say that anyplace in there. MR. KOULOHERAS: The standard lot dimension on our plat, if I'm not mistaken, is 33 by 62, which -- CHAIRMAN FIALA: Sixteen hundred and eighty, it says, and 1,100 it says. And what's the difference between a townhouse and a duplex? MR. KOULOHERAS: That's a ood question. g MR. VANASSE: I'll try to address these one by one. With regards to single-family, our minimum lot area is 1,680 square feet, okay. The difference between -- the question was between the townhomes or the single-family attached, correct? CHAIRMAN FIALA: No, townhouse versus duplex. MR. VANASSE: Duplex would be two units on one lot; whereas Page 95 September 27, 2016 CHAIRMAN FIALA: Right. Is that a townhouse? MR. VANASSE: -- townhomes are more three units or more together. CHAIRMAN FIALA: So it doesn't say -- in this particular piece of paper that you're showing us, there aren't any duplexes in here. MR. VANASSE: No, we are not asking for duplex. We were asking for single-family attached as one of the various type -- CHAIRMAN FIALA: The single-family attached? MR. VANASSE: Yes. The difference -- CHAIRMAN FIALA: What's the difference between a duplex and a single -- MR. VANASSE: The difference is two homes on two separate lots but linked with one wall. CHAIRMAN FIALA: I see. Okay. And the lots are -- the width is 28 feet wide? MR. VANASSE: Minimum 28 feet. Currently, we have an application that is being reviewed by staff for the PPL, the plat, and I've got the plan here with me. And the typical lot is 33 feet in that application. CHAIRMAN FIALA: Well, it doesn't say anything about that in here within our paperwork or nor on your here (sic). So now you're saying the typical lot is not what you mention on this piece of paper, 28 feet or 18 feet wide, but 33 feet typical lot? MR. VANASSE: Understood, but this is a zoning document. We need to create a little flexibility. So if we have an awkward-shaped lot which might not meet standards, we need that flexibility. But currently the plat is with the county. It's part of public record. I have a copy here of a typical lot that I can show you. And the typical lot is 33 feet wide by 62 feet deep. CHAIRMAN FIALA: Okay. Where is the typical lot, please? I mean, is it in this project? Being that you haven't mentioned it in any Page 96 September 27, 2016 of the backup material. MR. VANASSE: It's part of the application that we have for our plat that is currently under review. So it's -- CHAIRMAN FIALA: Your plan for this one? MR. VANASSE: It's separate from this zoning case. So concurrent -- concurrent to our rezone, we also have a plat application that is being reviewed by the county. CHAIRMAN FIALA: For this same piece of property? MR. VANASSE: For this same project. CHAIRMAN FIALA: I'm having a lot of trouble there. It seems we're dancing around here a little bit. Right now in this thing it says lot width is 28, but you're saying, no, it's going to be 33? MR. VANASSE: The minimum lot width we want to retain at 28 to keep that flexibility, again, if we have an odd-shaped lot; however, our typical lots that are on the plat and designed already are at 33 feet. CHAIRMAN FIALA: Okay. Then you've mentioned 18 feet is a lot width here. MR. VANASSE: That would be for a townhouse. So that would be for an internal unit that shares a wall on each side. That would be the width of the unit, 18 feet. CHAIRMAN FIALA: Okay. So say, for instance, your lot is 18 feet wide, which isn't very wide. How wide are the walls? I mean, the ends of your house. I don't know what to call them other than -- you know, if the lot is 18 feet, then if you walk from one side of the house to the other, how many feet is that? MR. VANASSE: It would probably be around 16 feet or so, I would imagine. COMMISSIONER HILLER: Because they're all attached. CHAIRMAN FIALA: Well, yeah, I understand that, but I'm talking about 16 feet. Page 97 September 27, 2016 MR. VANASSE: And just to reiterate -- CHAIRMAN FIALA: I just want to get an idea of what you're building there, because -- because we have to live with what you do to us, so we want to know what it is you are doing. COMMISSIONER HILLER: I mean, 16 feet is very narrow. MR. VANASSE: If I may reiterate what Mr. Koulorheras said. The intent is fully to build single-family detached homes. We are still going through the environmental resource permit process. That opens it up to multiple agencies looking at that project. Barring any kind of unexpected response from those agencies, we're definitely moving forward with single-family. If they were to throw a curveball at us and we were going to lose some developable area on the site, obviously we want to retain the right to maybe use a different product, like townhomes, to have just some semblance of density that makes the project feasible. CHAIRMAN FIALA: Okay. So most of the things are not definite at all that you're telling me. And so after the fact, if we approve this, and then you say, well, we weren't sure, everything was intentional or we plan to, but then it doesn't come out that way, whatever it comes out to be, we have no say in it anymore. It's going to be what the people have to live with, right? MR. VANASSE: Well, I think every time you approve a PUD and there's multiple options, there's nothing guaranteed. What we can tell you is that we are much further down the line than most projects that come before you. We are going through the plat review. We have an ERP that is in progress, and all that is available. It's public record. And everything looks very positive at this point that we will be able to build exactly what we intend on building. But, again, I can't provide a guarantee until we get the signed-off permits from those agencies. CHAIRMAN FIALA: Could we wait to approve this, then, till Page 98 September 27, 2016 you get that so that we have a more definite plan? Is that what you're really telling me? Maybe that would be the better way because then we know what we're dealing with? MR. VANASSE: Well, my understanding is that's not consistent with due process and that we have certain rights, like any other applicant, to get our PUD heard, and -- CHAIRMAN FIALA: But we're hearing it. MR. VANASSE: -- it's not a requirement of a PUD to have all those permits in place. CHAIRMAN FIALA: Well, I just -- I'm just a little bit nervous because you tell us what you'd like to do, and the picture is beautiful. I mean, it's small but nice. But then after the fact if it's all changed, then you say, well, it wasn't -- you know, we didn't say positively, and I worry about that. You know, we've had -- I don't want to say too much on the record, but I'm trying to assure that we don't have some of the same problems that we have in the other places, and I hope you understand that. Is this going to be the same quality as the ones you're building in the North Naples little community there? MR. VANASSE: I'll let Nick touch upon that, but what I can tell you is right now the -- we're trying to do something very different here for this project. We've heard the concerns, and Habitat for Humanity came to us with a list of requirements, and as part of that list of requirements was to really heighten the quality of the project and try something that was innovative and address some of those concerns. So if I may, just a few things that we did is this project is single-family rather than two-family attached. What we're doing also is we're making the homes alley-loaded, meaning that the parking is going to be in the rear, and the intent, again, is to have nicer facades to the homes, nicer aesthetics along the roadways. The cars will be in the Page 99 September 27, 2016 back of the homes. Other things that we were told is there's concerns about the maintenance of the landscaping. So what we did is we proposed an alternative street tree program. So a lot of the landscaping will be within the public right-of-way. It will provide shade to the streets and the sidewalks, and also it will be maintained by the HOA. So -- and that will be in perpetuity, so that's a great benefit, the way we see it, also. One of the things, just the alternative sidewalk program, also, we think is a benefit from the standpoint of interconnecting all the green spaces that we provide and the homes and creating a more social environment. And then also with the design is we needed some water management. And instead of doing the typical water management lake right in the middle of the project and having a few homes back up to that lake where it's a great amenity for those homes but not for everybody else, what we're doing is we're putting the lake in a location where there's going to be a little park right beside it. Everybody's going to have access to it, and it's going to be an amenity for the entire community. So those are all things that we were challenged with as designers and as engineers. And I can truly tell you that Habitat came in and said, we've -- we have some concerns, we've had some comments from the public, and we want to address those, and we did our very best to do so. CHAIRMAN FIALA: Yeah. And I'm hearing that all the time, and that's why -- they don't have a voice, so I'm their voice, and that's why I'm bringing this up. Their HOA, which is supposed to be caring for the appearance of neighbors, has done a very poor, if not extremely lousy,job. As you well know, we've all seen the pictures. And so you say we can be assured that the HOA is going to take care of the landscaping in Page 100 September 27, 2016 this area, but they haven't done that. And so I hope that that's going to be changing. I'm putting all this on the record because now we'll have something to go back to if it isn't. I just -- and now you're putting it right next to an existing, very nice, I would say upper-class neighborhood, and I want to make sure that they're protected as well, because now you're doing that not only here, but now you're doing it at another neighborhood, and more will come. MR. VANASSE: Understood. You know, I definitely hear your comments and your concerns. Just to address one of the comments about the abutting neighborhood. I just want to make it clear for the record that we have a unanimous approval from the CCPC -- recommendation for approval for the CCPC. CHAIRMAN FIALA: I know that; I read all that. MR. VANASSE: We have no objection from the NIM, and we also have a staff recommendation for approval. So those people are aware of our project, and we haven't had any concerns. CHAIRMAN FIALA: Well, your neighborhood information meeting was when most of the people had left town, so I can understand why you didn't have too much of an objection there. And so I just -- you know, it's good that you did that and all, and it's just like the voting right now, people haven't come back yet, so anybody who wants to pass something and is worried a little bit about the results or the votes will certainly have it during the summer. So, anyway, back to my questions. It says you -- the setback is 10 feet from the edge of the roadway. Does that mean the house is 10 feet back from the street? And do these places have garages? MR. VANASSE: Yes. If you look at the footnotes to the development standards tables, Footnote No. 6 guarantees that every house will have at least a one-car garage for every single home. Page 101 September 27, 2016 The setbacks -- again, I'll address two different setbacks. We've got the front yard setback. Keep in mind that we don't have driveways in front of the homes. So we have the right-of-way that ends, okay. We have a 10-foot utility easement, and the home is two feet further from that. So what we have is a 12-foot setback measured from the right-of-way. CHAIRMAN FIALA: Do they have a front door there? MR. VANASSE: Yes, they do. There's going to be -- from the right-of-way to the front of their house, there's going to be at least 10 feet of grass. CHAIRMAN FIALA: So people are going to have to be -- you know, watch for their children very carefully in case people are driving down the streets, and -- yeah, okay. I hope that isn't a safety concern. COMMISSIONER HILLER: When you say right of-- can I ask a quick question? CHAIRMAN FIALA: Sure, go ahead. COMMISSIONER HILLER: When you say the right-of-way, are you talking about a swale? Like, are you talking about -- will there be the road, a swale that's in the right-of-way, and then 12 feet? MR. VANASSE: Let me put up an exhibit that might clarify. COMMISSIONER HILLER: Or are you -- yeah. MR. VANASSE: So as you can see from this exhibit, we've got the front of homes and we have a PUE of 10 feet, we have a sidewalk, we have some green space, and then we have the travel lanes. COMMISSIONER TAYLOR: Will you point those out as you go through them, please. CHAIRMAN FIALA: This is all in that 10-foot strip? COMMISSIONER HILLER: No. That's in addition. So they have the 12-foot. MR. VANASSE: Okay. So front of the homes, 10 feet of public utility easements; green space continued here; sidewalk; curb; and this Page 102 September 27, 2016 is your street, your travel lanes right here. CHAIRMAN FIALA: Okay. Now, this says it's 10 feet from the street. MR. VANASSE: So the -- from the right-of-way. The right-of-way line is right here. COMMISSIONER HILLER: Where the sidewalk starts? MR. VANASSE: So the sidewalk is within the right-of-way. CHAIRMAN FIALA: Ten feet from the edge of the roadway, paved surface or back of curb. MR. VANASSE: I'm not sure what section you're reading right now. CHAIRMAN FIALA: Deviation No. 2. See, I'm just trying to figure out what it's going to really look like. MR. VANASSE: Okay. Deviation No. 2 is related to directional signs. That's where we can put our signage within the 10 feet. So this is not related to a setback for the homes. Deviation No. 2 is related to directional signs within the right-of-way. CHAIRMAN FIALA: What are directional signs within a roadway? I don't know. COMMISSIONER HILLER: What doesn't makes sense is -- what doesn't make sense is on the diagram that you have, you have a 10-foot utility easement on one end of the diagram. On the other end you have a -- I guess that's -- oh, that's 12 feet going to, I guess, the front door, and then you have eight feet and then you have a sidewalk. So it would suggest that there's 20 feet between the front of door and the sidewalk and then the 5-foot concrete sidewalk. MR. VANASSE: Yes. COMMISSIONER HILLER: Is that correct? MR. VANASSE: That's correct. Again, this is typical. Like we said, we were putting a lot of our landscaping within the right-of-way, so that illustrates that our right-of-way is obviously wider than just the Page 103 September 27, 2016 paved street. COMMISSIONER HILLER: Well, I guess what's -- MR. VANASSE: So within that right-of-way we'll have the sidewalk, and we'll have a nice grassy strip with a lot of landscaping. COMMISSIONER HILLER: Yeah. What's not clear is, at least from -- because you've got a 50-foot minimum right-of-way, that's a little confusing, in the diagram. I mean, I see the points it reaches, but the right-of-way is -- COMMISSIONER NANCE: It's the road and the swale. MR. VANASSE: So you've got the right-of-way that ends right here, you have 10 feet of utility easement. Again, that's your front yard that's all going to be grass -- COMMISSIONER HILLER: And the road -- MR. VANASSE: -- and that's an extra two feet to your building. COMMISSIONER HILLER: Where's the road? MR. VANASSE: The road is the darker shaded gray area. And this illustrates the roadway with some on-street parking. CHAIRMAN FIALA: And the on-street parking is there? MR. VANASSE: Yes. And, again, what we did is with regards to concerns that we've been told about parking and having enough parking for the community, we're providing a one-car garage for each home, two other parking spaces next to that, and then some overflow parking on the street. So we believe we have plenty of parking for the needs of the community. CHAIRMAN FIALA: When will we find out how much you're going to charge people for these places? MR. VANASSE: I'll turn things over to Nick because, again, that's not something I can answer. CHAIRMAN FIALA: Okay. Are these going to be the same quality as the ones you're building in North Naples? MR. KOULOHERAS: Yes, I hope the same quality if not get Page 104 September 27, 2016 better. As we continue to grow as an organization and as construction technology continues to increase, all of our homes now are Energy Star certified by a third-party provider, so a very tight envelope. We're using better materials than we have in the past and all really solid construction that all goes through the same permitting procedure whether it's Habitat for Humanity or U.S. Homes. CHAIRMAN FIALA: Block or frame? MR. KOULOHERAS: We don't have that finally -- we don't have the final decision on that right now. But it could be framed, or it could be first floor block, second floor frame. CHAIRMAN FIALA: Okay. I think -- I noticed that Mr. Davenport's name is on there. What is he doing in this? MR. KOULOHERAS: Well, Richard Davenport and Waterways Homes was the previous property owner. CHAIRMAN FIALA: Oh, I see. Okay. MR. KOULOHERAS: And unfortunate for Waterways Homes, they had a -- they dissolved in the downturn of the economy. CHAIRMAN FIALA: Okay. I've asked my questions. I got -- staff has this on record, and we'll just keep watching it as it goes forward. So with that, I'll make a motion to approve. MR. MILLER: Madam Chair, I have two registered public speakers for this item. CHAIRMAN FIALA: Oh, okay. MR. MILLER: Your first speaker is Michele Kelly. She'll be followed by Lenore Meurer. MS. KELLY: Thank you very much. My name is Michele Kelly, and I'm here for the East Naples Community Board, and I'm here to talk a little bit just about the -- I'm not right close to this community; however, I have concerns about Habitat for Humanity building so many projects. Page 105 September 27, 2016 As Mr. Nance had said, Commissioner Nance had said, you want to stop any kind of hazards or any kind of a disaster, a looming disaster in the forefront or in the future, and I think with all the building that's coming up as far as Habitat for Humanity is concerned, nobody is looking at the other factors that weigh into these communities being built. There were no objections to this, and nobody showed up to this from the Cedar Hammock, which is the neighborhood next door, because they didn't know about it. My sister and I were there this weekend over at Cedar Hammock, and we talked to a few of the people. And they said, oh, yeah, we got the notification. What was that? But they really didn't know what it was. MS. MEURER: Just this morning I got some objections emailed as a result of letters being sent by our group. Oh, can I not speak? I'm sorry. CHAIRMAN FIALA: One at a time. MS. KELLY: So nobody's really apprised of what's going on, so that's part of the problem. Yes, these notifications are sent out in the summertime, and it's only 500 feet. I won't go into our project, but we were able to get the 250 people to object that were objecting to the church about another project that's going in. So nobody knows about these. The other thing, too, is as far as the oversight as far as oversaturating of these projects. East Naples is being overwhelmed with these type of projects, and the consequences are that our businesses are being -- they're going out -- they're going out of business. There is no business in East Naples because these people really don't shop there. I mean, they shop very minimally or they shop certain things. They don't go to restaurants. Things go out of business. There's no business in East Naples. This is no moderation that is going on with these projects. And, Page 106 September 27, 2016 yes, you take a look -- find people at the project and what it's going to look like or that it's got setbacks and it's going to be a house or it's going to be a townhome. But you're not looking at what kind of devastation or what kind of-- what type of problems that you're going to have with the people living there and the rest of the people trying to live their lives, too. You're not taking them into consideration. We're just looking at, we need to give homes to people who can't buy homes. What about the people who already live there and want to have the opportunity to continue their lifestyle, which is now changing based upon the number of properties that are being built with no oversight, no moderation, and no consideration because nobody knows about it. None of the people knew about it when we were at Cedar Hammock. Does that mean I'm done? CHAIRMAN FIALA: Yes, you're done. MS. KELLY: Thank you so very much. I appreciate your time. MR. MILLER: Your next speaker is Lenore Meurer. MS. MEURER: Hi. I represent the East Naples Community Association. It's about 30,000 people. And I just want to take off-- or people that are not here. We are asking for an amendment, actually. If you look at your own mission statement, you want to increase the citizens' participation. How can you do that when you hold NIMs -- look at the calendars over the summer. They're stuffed. You can't have people involved if they're not here. Florida state recognizes that we're seasonal. Let's accommodate them. That also goes for the 500 feet. That's the goat on the corner. You know, nobody is getting them. Cedar Hammock is alarmed. You have to -- I will send you their letters. I agree totally with you, Ms. Fiala, that I -- with all your concerns. Is it such a hardship to get this stuff hammered out before you approve it? What's another month? Let's get that information. Page 107 September 27, 2016 Intentional or we don't have any intention at this time, and two weeks later up pops four more. I think it's a concern. There's a pattern. I think we need to know exactly what we're getting before you approve it. Are we getting 84 homes? That's quite a difference from 146 on 15 acres. Do you think that's a little bit of a sardine can? I do. So those are the two amendments, you know, down the road. We need language. We need to accommodate and have increased participation from our citizens. That's what they're angry about. They don't even know. CHAIRMAN FIALA: Right. I started getting some letters myself. MS. MEURER: Oh, I got -- did you receive any letters? Because I got them this morning early. I opened it up. There they were. They're angry. CHAIRMAN FIALA: Yes, I know, and I've talked to our staff about notifying people, especially on something that is -- that could be controversial, to send them further than just 500 feet, because when you've got a road between the two, you've missed all of the residents then, and they don't get anything, and we've had that happen to other things before, too, where we're sending a notification out 500 feet, but there's a woods between that and the other, and so there's nobody located there. And so then you have nobody showing up at the NIM, and they say, well, nobody really cared. It's because they never got a notification in the first place. And when you send them out in June and July, that's planned, you know, so -- MS. MEURER: Absolutely. COMMISSIONER HENNING: I have a question. MR. KOULOHERAS: Madam Chair? I'm sorry. CHAIRMAN FIALA: Hmm? COMMISSIONER HENNING: I have a question. CHAIRMAN FIALA: Sure, go ahead. Page 108 September 27, 2016 COMMISSIONER HENNING: Who is this East Naples Community Association representing 30,000? You have 30,000 members? MS. MEURER: In District 4. COMMISSIONER HENNING: Wait a minute. MS. MEURER: There are a group of-- that organized -- I asked them. The association said, I knew the boards and presidents, just as I've emailed you to -- I said one thing. I said, go out and see what you're going to get, what these -- the systemic issues of these communities -- COMMISSIONER HENNING: And you have 30,000? You have 30,000 members? MS. MEURER: Possibly, or -- I'm very conservative. It could be more. COMMISSIONER HENNING: You have 30,000 members in the association -- MS. MEURER: Well, if you're talking about associations -- COMMISSIONER HENNING: I'm talking -- MS. MEURER: -- that have, like, 839 families -- 839 families times three, which is kind of conservative, you get that number, and if you have 815 in another and so on and so on. So my first wave of people, associations, were 12, they came back, and they said we agree. COMMISSIONER HENNING: Are you done? MS. MEURER: I think my time is almost done. COMMISSIONER HENNING: I have a question for you. MS. MEURER: Sure. COMMISSIONER HENNING: It's being said that "we are the East Naples Community Association." MS. MEURER: Right. COMMISSIONER HENNING: And you have 30,000 members in your East Naples Community Association? Page 109 September 27, 2016 MS. MEURER: If I could add them all up for you, yeah, it would come around to about that. COMMISSIONER HENNING: Can I join? MS. MEURER: Sure. COMMISSIONER HENNING: Yeah, give me some information. I'm very curious about this 30,000 members. East Naples Civic Association, what has been existing for 40 years, they don't have that many members. MS. MEURER: They don't have that many angry people as we do. COMMISSIONER HENNING: Oh, I don't want to join them. I'm sorry. MS. MEURER: Frustrated. COMMISSIONER HENNING: I'm not angry. MS. MEURER: Okay. COMMISSIONER HENNING: So thanks anyway. MS. MEURER: If you lived by this, you would be. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER HENNING: I'm not done. CHAIRMAN FIALA: Sony. MS. MEURER: Okay. COMMISSIONER HENNING: This project is in my district. Cedar Hammock is in my district. I know that the association was notified, okay. MS. MEURER: You're right. COMMISSIONER HENNING: You're done, right? MS. MEURER: Well, yeah. I'm in somebody else's time. COMMISSIONER HENNING: Yeah, my time. I think you can sit down now. MS. MEURER: Okay, thank you. COMMISSIONER HENNING: The association was notified. Page 110 September 27, 2016 Their membership, board of directors had full knowledge of this. So I don't know where the statements are coming for that. But, Nick -- CHAIRMAN FIALA: Which Nick? COMMISSIONER HENNING: Nick Kouloheras. MR. KOULOHERAS: Yes. COMMISSIONER HENNING: You said that it's your intent to manage the common areas. MR. KOULOHERAS: Yes. COMMISSIONER HENNING: Okay. But you don't know that yet. MR. KOULOHERAS: No, we're going to maintain all of the common areas for certain, 100 percent. COMMISSIONER HENNING: Oh, okay. MR. KOULOHERAS: Yes. The part that I'm not 100 percent of yet is just that small section of the homeowners' independent property. But everything we've put together right now is to maintain that as well. COMMISSIONER HENNING: Okay. All right. Thanks for the clarification. I can support the motion. If you don't have a second, I will. CHAIRMAN FIALA: Okay. So we have a motion. Oh, Commissioner Taylor. COMMISSIONER TAYLOR: Well, there was a clarification, because I'm a member of the East Naples Civic Association, and I didn't realize there were 30,000 members, but I think -- CHAIRMAN FIALA: Well, we're not Civic. COMMISSIONER TAYLOR: This lady was -- CHAIRMAN FIALA: Not Civic. COMMISSIONER TAYLOR: This was another -- this is a completely separate. Just to put on the record, I was at the NIM for Whitaker Road this Page 111 September 27, 2016 summer. It was held at the Mayfair, and the East Naples Civic Association was concerned, and then they were supportive. They want to be involved in the HOA on Whitaker Road. Their fears of the children were alleviated because of Whitaker Road being so narrow. CHAIRMAN FIALA: Are you sure? COMMISSIONER TAYLOR: I was there. The whole -- CHAIRMAN FIALA: I know, but have you heard from the board of directors from East Naples? COMMISSIONER TAYLOR: I remember -- I remember specifically people saying that they were on the board speaking in favor of it -- CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: -- of the East Naples Civic Association, not -- CHAIRMAN FIALA: That's what I'm talking about. I'm on that board, and so I have not -- I haven't heard that, so I'll go back and ask the president. I hadn't heard that -- COMMISSIONER TAYLOR: Well, it was referenced, I think, about -- there was one speaker that was against it, and I think she's right there. But I remember that whole time and that -- and it was full of people. It was standing room only, and the afternoon, it poured rain so much there was flooding that came into the church itself. And these people got out to hear what was said. COMMISSIONER HENNING: But that's not on the agenda. COMMISSIONER TAYLOR: I know, but I'm just -- I'm just referencing it. And I will not go any further, sir. CHAIRMAN FIALA: Okay. So with that, we have a motion on the floor and a second to approve. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. Page 112 September 27, 2016 COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay. I'm going to be watching real carefully. MR. KOULOHERAS: I would love if-- the continued conversation that we've been having. CHAIRMAN FIALA: You and I speak well. We have a good relationship, and I like that. And I trust what you tell me is the truth, and don't ever violate that, okay? MR. KOULOHERAS: I'm working very hard to make sure that is absolutely true. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Commissioners, that takes us to Item 7, public comment on general topics not on the current or future agenda. MR. MILLER: Madam Chairman, I have one registered speaker for public comments, John Lundin. MR. LUNDIN: John Lundin. Thank you for letting me speak. Last Wednesday, Commissioner Tim Nance, you spoke at the Immokalee CRA meeting on the subject of municipal incorporation for Immokalee. During your presentation, Commissioner Nance, you underestimated the total revenue that would be available to run a city in Immokalee. I'm here to -- I would like to correct the record on that. Also, last Saturday the Naples Daily News published an editorial titled "Incorporation for Immokalee Hurtles Ahead." This editorial Page 113 September 27, 2016 also underestimated the total revenue that would be available to run a city in Immokalee. I would like to also correct that issue. If you could look at the presentation on the graphic, currently there's approximately $500,000 of property tax revenue generated in Immokalee based on the CRA's estimate of$275 million of taxable property value. There is also an estimated $2,950,000 of state government revenue sharing generated in Immokalee based on the population of 29,500 people, which does not even include the seasonal population revenue. Also, there is approximately $1 million of revenue paid in fees for service from the Immokalee casino in Immokalee, which is contiguous to the city of Immokalee. Now, if you add those three numbers together, that would create an estimated $4,450,000 of total revenue that would be available to run a city in Immokalee through a municipal incorporation. Now, in the past a lot of people have spoken about how there's not enough revenue for Immokalee to incorporate, but no one ever incorporates these other potential sources of revenue, and I just wanted to point that out. Thank you. COMMISSIONER NANCE: Hold up, Mr. Lundin, just one second. And I want to correct you. I made no statements about any sort of revenue stream for incorporation. The only thing that I mentioned was the taxable value of comparative municipalities in our region. I mentioned that there was $275 million taxable value in the Immokalee area; that Estero had a taxable value of approximately 5 billion; that Marco had a taxable value of about 9 billion; and that the City of Naples had a taxable value of something in excess of$20 billion. I also told them at the time -- and Mr. Ochs has assured me that Page 114 September 27, 2016 county staff is going to provide the Immokalee CRA with information for everybody's consideration. And that's the only -- that's the only statements I made. I did not pass judgment for or against it, but I believe that some basic economic information will be supplied by staff, as they have assured me, so that everybody can take a look at it. And your numbers can be considered at the time. I can't even speak to them because I did not -- you know, if I gave the impression that I was making a statement on revenue streams, that was not my intention. My intention was just to introduce the offer of the Board of County Commission from a previous meeting following your public petition and staffs commitment to provide information for everybody's consideration, and that will be forthcoming. MR. LUNDIN: People are wondering why you did make the statement at the Immokalee CRA but you did not attend the meeting three weeks ago at the Immokalee chamber where there was a consultant who was speaking on this issue. We thought it would be more germane if you came to that meeting as opposed to going to the CRA. COMMISSIONER NANCE: Well, I wasn't able to attend that meeting, sir, and, actually, I didn't want to compete with your consultant. I'm not an advocate for or against it. I'm just a vehicle to provide information for everybody's consideration. And then, you know, the citizens of Immokalee can make an informed choice. MR. LUNDIN: Okay. COMMISSIONER NANCE: Thank you. CHAIRMAN FIALA: Any other public speakers? MR. LUNDIN: No, ma'am. CHAIRMAN FIALA: Okay. Leo? Item #15 Page 115 September 27, 2016 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Yes, ma'am. That takes us to Item 15, staff and commission general communications. Commissioners, besides the notice of the workshop next Tuesday, October 4th, that you have in your packet for the legislative agenda and then another workshop on January 3rd, that's in your packet as well, the only other information I have very briefly is just to remind the Board I sent you a fact sheet on a waste material spill and a sinkhole up in Polk County, Florida, at a phosphate plant that occurred last month, and I provided some information about our staffs assessment on whether or not that was having any adverse impact on our draining wells. And I just, again, wanted to make sure that the Board got that information. COMMISSIONER TAYLOR: Could you just put on the record, just briefly, what the -- only because I've had a number of questions about it. I'm not asking for a paragraph. MR. OCHS: Well, let me read what I sent you. Late last month the Mosaic Company reported that a large sinkhole opened up beneath a pile of waste material on the site of its phosphate plant in Polk County, Florida, releasing contaminated waste material into the Floridian aquifer. And in response to an inquiry received in this office regarding the potential impacts of this incident on the Collier County Water/Sewer District drinking water supply, I've provided an assessment from our Public Utilities Department as well as information from the state Department of Environmental Protection. The bottom line, staff reports there is no known threat to wellfields in Collier County at this time. We will continue to closely monitor the situation and advise the Board immediately of any change Page 116 September 27, 2016 in conditions. The Florida DEP is the lead agency on this issue. We g Y continue to monitor releases from them on a daily basis. Commissioner, I don't know if that satisfies your request. COMMISSIONER TAYLOR: That's enough. Thank you. MR. OCHS: Thank you very much. That's all I had, Madam Chair. CHAIRMAN FIALA: Great, great. How about you, County Attorney? MR. KLATZKOW: Nothing, ma'am. CHAIRMAN FIALA: Okay. We'll start off with Commissioner Taylor, and do you have any ending comments? COMMISSIONER TAYLOR: I do, a couple of things. One of the -- there's two things. First of all, when I was reading your evaluation of the County Manager, you talked about the assessment of affordable housing within your neighborhood. Can you explain that? And we need to get some numbers. I mean -- CHAIRMAN FIALA: Yes, I can explain that. It's an interesting thing, because our affordable housing team has a certain way of calculating how many affordable housing units you have in your district or -- and I asked them to extend it to all of East Naples, and they came back and told me I had 1,201 affordable housing units in my district, in my area there, East Naples area. I said, no. I said, all of the affordable housing, and they said, 1,201. I said, heavens to Betsy. Naples Manor alone has 1,351. They said, they don't count. I said, well, what about -- what about next door, the Section 8 housing, Whistler's Cove? They don't count. Well, what about Trail Acres? They don't count. I said, what about the Triangle? They don't count. What about Thomasson? What about Bayshore? They don't count. I said, what about all the Habitat villages? You've got, what, aside from Naples Manor, which you have over 300 units in there, you've Page 117 September 27, 2016 got at least 150 to 175 in each one of those Habitat villages. Most of those don't count. How come they can't count? Why aren't they counting? Twelve hundred and one, and this is all -- I mean, we're not even talking about Estey Avenue yet or Shadowlawn or anything. None of those are counted. So when they go and tell you, you have such a tremendous need for affordable housing because we only have so and so, that's what they're basing it on. I said, I said -- to ask further, I said, we all know they're all affordable, but they don't qualify under HUD. Why don't they? Because under HUD you had to have a 15-year contract that says they'll stay affordable. We don't know if they're going to stay affordable. Well, first of all, I said, the property values have never gone up in Naples Manor. She said, but we don't know that because there's no signed contract with HUD. I said, well, just drive in there for goodness sake. You can see that they're all affordable. Well, they can't count that. I said, well, then what about the Habitat villages? They get money to build affordable housing units. They can't count most of those either. I do not understand. That's why I then -- I contacted a few people around, and I said, we need to figure out how many affordable housing units they really have in East Naples, but then how do you figure out what you have? So we decided to use an in-discriminatory number named $126,000. Anything under $126,000 would be considered affordable, right? I mean, let's face it, a Habitat home sells for 200-. So anything under 126,000 would be considered affordable housing, and we're only talking about for sale. We haven't even gotten into the rental units yet. And with that we Page 118 September 27, 2016 found over 14,000 under-$125,000 homes in a for-sale product right here in East Naples, and we can list them for you. But we found that through the Property Appraiser's website, not even our own. We didn't even hunt for anything. That's what it was. So there's were the inconsistencies are concerning me when they talk about, oh, we've got to build more affordable housing. Well, do they mean low-income housing? This is -- I keep asking. Do they mean low-income? Very-low income? Do they mean moderate? Now, I would say to you that moderate income we don't have much of, and I think we need to build a lot more. We're trying to -- we're getting companies in here who are offering great jobs, even some that are fantastic jobs with wages. But are we building the homes for them? We have plenty of low income, and I've said that over and over and over, but nobody listens. But thank you for asking. But what we need is -- now, we've been getting some in East Naples. We have middle income rental units being built. And as fast as you paint the front door, the people are moving in. They're going very quickly because that's what we need. I think we need a lot more to -- we need to know what our business community needs. Now, I understand the head of this committee that's out there searching is the head of Habitat, so I don't know what kind of results we're going to get. You know that new committee we've established? But Nick Kouloheras, of course, is leading that, so I don't know if we'll get back any true figures or not or if those people will even get those figures. But that's why I wrote this in Leo's. Knowing what the figures are, I'm hoping that they're going to be brought -- realistic figures will be brought to them so they can really discuss what kind of -- what kind of housing do we really need; moderate income? Middle incomes? Entry level? Skilled worker housing? We need to know what that is. That's what that's all about. COMMISSIONER TAYLOR: So where are we with this report Page 119 September 27, 2016 coming back to us? When is it coming back? Because I think it's very -- it impedes our progress in this. You know that I'm very concerned about workforce housing. I mean, I'm known about (sic) this; I've been very clear. But if we don't have solid figures, we don't know where we're going. CHAIRMAN FIALA: As long as a picture is drawn for us that has red crayon, that's what we're going to think the picture is. And here there's got some yellow crayon and blue crayon out there, but if we never see them, we don't know what we're really dealing with. That's right. And that's why I've asked Leo to make sure that they give them correct figures. Now -- COMMISSIONER TAYLOR: Well, most importantly, let's see where they're getting their figures from. CHAIRMAN FIALA: Yeah. Well, she told us; HUD. COMMISSIONER TAYLOR: The criteria -- well, if it's just HUD, then there's exceptions, and what we need is a real time assessment. Can we do that? Is this committee doing this, a real time "as it sits on the ground today" assessment of the price structure of homes within a certain area? MR. OCHS: Yes, ma'am. That's my understanding that they are. I'll confirm that. What I've asked my staff to do is to be prepared at your strategic planning workshop in January, early January -- COMMISSIONER TAYLOR: Okay. MR. OCHS: -- to be ready to give a status report on the work of the committee. And I think we'll have an opportunity with the Board at that point to, once again, address any and all of these issues. As this board knows, you've spent quite a bit of time over the summer at workshops with the staff and a whole roomful of stakeholders that basically led to the recommendation to advance this notion of a community housing plan. Page 120 September 27, 2016 This board has approved all the stakeholders on that committee as part of an executive summary on a previous agenda, and every facet of the community is well represented, including the development and real estate interests in NABOR. CHAIRMAN FIALA: And possibly they would want to address it not as affordable housing, because that makes it one category, but as in different categories. And you know what else -- I don't even know this answer at all. What about rental housing units? Do we have a lot of rental housing or not? Do we have a lot of apartments? MR. OCHS: Yes, ma'am. I'll recirculate all the data that we presented in the workshop -- CHAIRMAN FIALA: And are they counting there? MR. OCHS: -- this summer. CHAIRMAN FIALA: So we have a real figure. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: I'm sorry, Leo. MR. OCHS: Ma'am, I don't take any offense. I mean, we don't build housing. All we do is try to create some environment either through regulation or incentives to get you where you want to go as a board. But this board has been all over the map, frankly, for years on this issue, and so has the community. So the bottom line is I'm hoping that this initiative for a community housing plan involving multiple stake owners will get the Board where you want to go. COMMISSIONER TAYLOR: Okay. All right. So my condolences to any University of Florida graduates here because University of Tennessee cleaned your clock on Saturday and broke an 11-year drought, and it was so sweet and so wonderful, and it was a second half victory. And I just -- and the most important thing is our own Tyler Bird played. He's ours, and he was there on the field. So, I'm sorry, but -- Page 121 September 27, 2016 COMMISSIONER NANCE: Ma'am, this glee over my misfortune is shocking. We'll give you one out of 11. COMMISSIONER TAYLOR: And that's all I have. COMMISSIONER NANCE: That's all you have? COMMISSIONER TAYLOR: That's all I have. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Well, let me -- let me talk about a couple things. They're very exciting. I think the most important thing is the first rollout meeting on the Promise Zone, the Southwest Florida Promise Zone, which was this Thursday past at I-Tech in Immokalee was an extraordinary meeting. It included approximately a half a dozen federal representatives from federal agencies that came to introduce the topic and describe the sorts of possibilities and opportunities that are going to be open for the Promise Zone which, of course, includes Immokalee and Collier County and all of Glades and Hendry Counties. Included among the speakers was even a representative from President Obama's White House staff of management and budget. Very positive meeting; a lot of networking. And that was following the announcement, which I want to describe to you now, of a very important position that was created by the University of Florida. To all the Commissioners, under one-way communication, I sent them a description of a new position that's going to be housed at the Southwest Florida Research and Education Center. It is a state-specialized extension agent, which means it's an extension agent at the state level, and that person is going to be working with food science. It's extraordinary because the duties and responsibilities of this position -- the first line under duties of responsibilities outline an expectation that this agent and this faculty member will participate in all aspects of the food science initiative at the culinary accelerator in Page 122 September 27, 2016 Immokalee. This is an extraordinary cooperative gesture and expands our relationship in our synergy between the University of Florida and our economic development team, particularly in Immokalee. I will tell you that the support that we have received from Vice President Jack Payne, who is the head of the Institute of Food and Agricultural Sciences at the University of Florida in Gainesville, Dean Nick Place, who clearly worked very hard to establish this position, and all the food, science, and human nutrition faculty members at the University of Florida headed up by Susan Percival has just been extraordinary. This has the ability to put our culinary accelerator on the map on a statewide level. I think it's going to be absolutely a wonderful development. Added onto that, as if that's not enough, we have a new Collier County extension director that was recently hired, and Mr. Carnell, of course, participated in that decision, but Twyla Leigh, who comes as our new extension director out there, brings with her an extraordinary resum0, including work as a registered dietician, a supervisor of nutrition, planning and procurement, that earlier worked with the Collier County Public Schools and, in addition to that, she's a lieutenant colonel in the U.S. Army Reserves. So this lady brings a tremendous resum0 and a tremendous experience in food science which, together with the extension agent that they already granted us, Vanessa Bielema, who's been doing an outstanding job in extension, gives us three key members of the University of Florida team to work with our economic development accelerator. So this, I'll tell you, is the greatest news, and I hope the future board will capitalize on the wonderful opportunity that we've got with them. Page 123 September 27, 2016 Calvin Arnold, myself, and Mr. Ochs' staff will work -- will be working on a press release later this week to let everybody know about this wonderful development. It's truly coming together for us out there. It's going to be a great deal. CHAIRMAN FIALA: Sounds wonderful. Commissioner Henning? COMMISSIONER HENNING: Just a little advice: Don't plan on making your guacamole until your avocados are ripe. COMMISSIONER NANCE: He gets that from the highest authority. COMMISSIONER HENNING: Motion to adjourn. CHAIRMAN FIALA: We needed that laugh. That was it, huh? COMMISSIONER HENNING: Yeah. Motion to adjourn. CHAIRMAN FIALA: Commissioner Hiller? COMMISSIONER HILLER: Second. CHAIRMAN FIALA: Okay. I don't have anything to say, so let's adjourn. **** Commissioner Henning 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 RESOLUTION 2016-189: A FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FUNDED AGREEMENT (FINANCIAL MANAGEMENT NO. 437103-1-88-01), "COLLIER TRAFFIC MANAGEMENT CENTER (TMC) OPERATIONS (OPS) FUND COUNTY WIDE", WITH THE FDOT WHEREIN FDOT WILL REIMBURSE COLLIER COUNTY ON AN ANNUAL BASIS FOR THE COST OF MONITORING, Page 124 September 27, 2016 DOCUMENTING AND REPORTING SIGNAL TIMING CHANGES ALONG REGIONALLY SIGNIFICANT CORRIDORS AS DETERMINED BY THE COUNTY AND FDOT IN STATE FISCAL YEARS 2017 THROUGH 2021, IN THE TOTAL AMOUNT OF $384,750 Item #16A2 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR FIDDLER'S CREEK, MARSH COVE PHASE 1, PL20140001994, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER'S DESIGNATED AGENT — FINAL INSPECTION OF THE FACILITIES WAS CONDUCTED ON MAY 26, 2016 AND WAS FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A3 RESOLUTION 2016-190: GRANT FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF SATURNIA FALLS — PHASE ONE, APPLICATION NUMBER AR-6124 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED, AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY AND ACCEPTING THE PLAT DEDICATIONS Item #16A4 Page 125 September 27, 2016 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $7,997, TO TOLL BROTHERS, INC., WHICH WAS POSTED AS A GUARANTY FOR SITE DEVELOPMENT PLAN (SDP) NUMBER AR-8928 FOR WORK ASSOCIATED WITH FIRANO AT NAPLES CLUBHOUSE Item #16A5 RESOLUTION 2016-191: GRANT FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF QUARRY PHASE 6, APPLICATION NUMBER PL20140000127 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A6 AUTHORIZE THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $50,460 TO KE TALIS PARK PROPERTIES, LLC., WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.089-4, PL20150000146, FOR WORK ASSOCIATED WITH CORSICA AT TALIS PARK - THE AS-BUILT LAKE CROSS SECTION HAVE BEEN RECEIVED AND THE LAKES HAVE BEEN INSPECTED BY THE DEVELOPMENT REVIEW DIVISION Item #16A7 Page 126 September 27, 2016 AUTHORIZES THE CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT ("AGREEMENT") BETWEEN COLLIER COUNTY AND THE RAFFIA PRESERVE MASTER ASSOCIATION, INC. FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE PRISTINE DRIVE AND WOLFE ROAD PUBLIC RIGHTS- OF-WAY — THE AGREEMENT INSURES THAT THE ASSOCIATION WILL MAINTAIN THE LANDSCAPE AND IRRIGATION IMPROVEMENTS Item #16A8 AUTHORIZES THE CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT ("AGREEMENT") BETWEEN COLLIER COUNTY AND THE AVERY SQUARE HOMEOWNERS ASSOCIATION, INC., ("ASSOCIATION"), FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE AIRPORT-PULLING ROAD PUBLIC RIGHT-OF-WAY - THE AGREEMENT INSURES THAT THE ASSOCIATION WILL MAINTAIN THE LANDSCAPE AND IRRIGATION IMPROVEMENTS Item #16A9 AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR A JOINT STORMWATER AND SANITARY SEWER PROJECT BETWEEN GOODLETTE-FRANK ROAD AND US-41 AND DIRECT THE COUNTY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS FOR THE ENGINEERING DESIGN AND POST DESIGN SERVICES FOR THE JOINT PROJECT (PROJECT NO. 60142) — FOR THE Page 127 September 27, 2016 STREETS THAT ARE CURRENTLY UNSEWERED AND UTILIZE SEPTIC SYSTEMS AND HAVE PERIODIC STREET AND YARD FLOODING Item #16A10 THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $30,561 TO BRISTOL PINES, LLC, AS SUCCESSOR TO WATERWAYS JOINT VENTURE IV WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.920-1, PL20110002180 FOR WORK ASSOCIATED WITH BRISTOL PINES PHASE II - THE AS-BUILT LAKE CROSS SECTION HAVE BEEN RECEIVED AND THE LAKES HAVE BEEN INSPECTED BY THE DEVELOPMENT REVIEW DIVISION Item #16A 11 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $554,500 FOR PAYMENT OF $450 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. GUADALUPE PERALEZ, CODE ENFORCEMENT BOARD CASE NO. CEPM20090008057 RELATING TO PROPERTY LOCATED AT 5084 23RD COURT SW, COLLIER COUNTY, FLORIDA — FOR A CODE VIOLATION THAT CONSISTED OF DAMAGED FACIA, MISSING ROOF TILES, BORKEN DOOR AND BEE INFESTATION WHICH WERE BROUGHT IN TO COMPLIANCE ON SEPTEMBER 10, 2015 BY THE FANNIE MAE A/K/A FEDERAL NATIONAL MORTGAGE Page 128 September 27, 2016 Item #16Al2 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $12,450 FOR PAYMENT OF $450 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. PIERINO AND LORETA PENSENTI, CODE ENFORCEMENT BOARD CASE NO. CEROW20100017549 RELATING TO PROPERTY LOCATED AT 4110 3RD AVENUE SW, COLLIER COUNTY, FLORIDA — FOR A CODE VIOATION THAT CONSISTED OF AN UNPERMITTED TEMPORARY SECOND DRIVEWAY PLACED ON NEIGHBORING PROPERTY WHICH WAS BROUGHT INTO COMPLIANCE ON MARCH 11, 2011 Item #16A13 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $150,769.83 FOR PAYMENT OF $869.83 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. DEBBI J. MASCHINO, CODE ENFORCEMENT BOARD CASE NO. 2004061160 RELATING TO. PROPERTY LOCATED AT 265 ROSE BOULEVARD, COLLIER COUNTY, FLORIDA — FOR A CODE VIOLATION THAT CONSISTED OF AN RV WITH AN ADDITION BEING UTILIZED FOR STORAGE AND OCCUPIED CAMPER AND THREE UNLICENSED/INOPERABLE VEHICLES ON THE PROPERTY WHICH WERE BROUGHT INTO COMPLIANCE ON FEBRUARY 18, 2009 Item #16A14 Page 129 September 27, 2016 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $17,330.86 FOR PAYMENT OF $450 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. MARTHA MENDEZ-CRUZ, CODE ENFORCEMENT BOARD CASE NO. CESD20110014160 RELATING TO PROPERTY LOCATED AT 3525 47TH AVENUE NE, COLLIER COUNTY, FLORIDA — FOR A CODE VIOLATION THAT CONSISTED OF AN EXPIRED PERMIT WITH NO CERTIFICATE OF COMPLIANCE/OCCUPANCY WHICH WAS BROUGHT INTO COMPLIANCE ON JANUARY 28, 2014 Item #16A15 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT (PARCEL 365RDUE) AND A TEMPORARY DRIVEWAY RESTORATION EASEMENT (PARCEL 365TDRE) REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGLADES BOULEVARD (PROJECT 60145) (ESTIMATED FISCAL IMPACT: $13,308) — FOR TWO EASEMENTS NEEDED FOR THE FOUR-LANING OF GOLDEN GATE BOULEVARD FROM 20TH STREET EAST TO EAST OF EVERGALDES BOULEVARD Item #16A16 RESOLUTION 2016-192: GRANT FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF RIVERSTONE — PLAT FIVE, APPLICATION NUMBER 20130000785 WITH THE ROADWAY Page 130 September 27, 2016 AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A17 RESOLUTION 2016-193: GRANT FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF RIVERSTONE — PLAT SIX, APPLICATION NUMBER 20130002629, WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A18 AWARD BID #16-6599 TO INFINITE CONSTRUCTION, LLC FOR THE "EAST NAPLES SIDEWALK IMPROVEMENTS" PROJECT FOR CONSTRUCTION OF SIDEWALK IMPROVEMENTS ON THE WEST SIDE OF LOMBARDY LANE FROM THOMASSON DRIVE FOR APPROXIMATELY 700 FEET NORTH AND THE EAST SIDE OF ORCHARD LANE FROM THOMASSON DRIVE TO OUTER DRIVE IN THE AMOUNT OF $269,817.78 (PROJECT #33460) Item #16A19 RESOLUITON 2016-194: A RESOLUTION TO HOLD A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF TRACT Page 131 September 27, 2016 "R", CREEKSIDE BOULEVARD RIGHT-OF-WAY, BEING A PART OF CREEKSIDE COMMERCE PARK WEST-UNIT TWO, PLAT BOOK 35, PAGE 43 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. (VAC-PL20160002294) Item #16A20 RESOLUTION 2016-195: A RESOLUTION TO HOLD A PUBLIC HEARING TO CONSIDER VACATING TRACT RW4, AN APPROXIMATELY 100-FOOT WIDE, 1,300-FOOT LONG TRACT DEDICATED TO THE COUNTY FOR FUTURE RIGHT- OF-WAY ACCORDING TO NAPLES HERITAGE GOLF AND COUNTRY CLUB PHASE ONE, PLAT BOOK 26, PAGE 73 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE SUBJECT PROPERTY IS LOCATED APPROXIMATELY 1/2 MILE EAST OF SANTA BARBARA BLVD., AND 1 MILE SOUTH OF DAVIS BLVD, IN SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (VAC-PL20160001403) Item #16A21 RESOLUTION 2016-196: A TRANSPORTATION POST PROJECT MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), FOR THE MAINTENANCE OF SIDEWALK AND TRAFFIC IMPROVEMENTS LOCATED BETWEEN TRAIL BOULEVARD AND THE EAST SIDE OF U.S. 41 FROM NORTH OF PINE RIDGE ROAD TO SOUTH OF PELICAN BAY BOULEVARD N. Page 132 September 27, 2016 UPON COMPLETION OF THE FDOT IMPROVEMENTS PROJECT, FINANCIAL PROJECT NO. 435040-1-52-01, AND A RESOLUTION AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT Item #16A22 RESOLUTION 2016-197: EXTEND THE TEMPORARY MORATORIUM TO APRIL 11, 2017, ON THE ACCEPTANCE, PROCESSING, AND CONSIDERATION OF APPLICATIONS FOR DEVELOPMENT ORDERS INVOLVING THE CONVERSION OF LANDS ZONED FOR GOLF COURSE USE AND TO ACCEPT WHITE PAPER PREPARED BY STAFF PROVIDING RECOMMENDATIONS FOR LAND DEVELOPMENT CODE (LDC) AMENDMENT CONCEPTS Item #16A23 THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 25, 2016 BCC MEETING. A RESOLUTION TO HOLD A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF THE EAST END OF MAINSAIL DRIVE RIGHT-OF-WAY, BEING A PART OF MARCO SHORES UNIT ONE, PLAT BOOK 14, PAGE 33 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA (VAC- PL201600003 79) Item #16B1 Page 133 September 27, 2016 RESOLUTION 2016-198: AN AMENDMENT TO RESOLUTION NO. 2001-98, REDUCING THE SIZE OF THE ADVISORY COMMITTEE; DEFINING THE MEMBER AFFILIATION REQUIREMENTS AND UPDATING APPLICABLE SECTIONS OF THE BYLAWS FOR THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) LOCAL ADVISORY BOARD Item #16B2 THE IMMOKALEE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPROVE THE ATTENDANCE OF ONE IMMOKALEE ADVISORY BOARD MEMBER AND THE IMMOKALEE CRA STAFF AT THE FLORIDA REDEVELOPMENT ASSOCIATION 2016 ANNUAL CONFERENCE; AUTHORIZE PAYMENT OF ATTENDEES' REGISTRATION, LODGING, TRAVEL AND PER DIEM FROM THE IMMOKALEE CRA TRUST FUND (FUND 186) TRAVEL BUDGET; AND DECLARE THE TRAINING RECEIVED AS SERVING A VALID PUBLIC PURPOSE - FURTHERING STAFF PROFESSIONAL DEVELOPMENT AND PROVIDE TRAINING FOR THE ADVISORY BOARD MEMBERS Item #16B3 DIRECT THE COUNTY ATTORNEY TO WORK WITH STAFF TO ADVERTISE AND BRING BACK TO THE BOARD FOR A PUBLIC HEARING AN ORDINANCE TO IMPLEMENT A TEMPORARY MORATORIUM TO STAY THE RECEIPT OF NEW APPLICATIONS FOR DEVELOPMENT ORDERS FOR FACILITIES WITH FUEL PUMPS, INCLUDING GAS Page 134 September 27, 2016 STATIONS, ALONG THE US 41, AIRPORT ROAD AND DAVIS BOULEVARD CORRIDORS WITHIN THE BAYSHORE /GATEWAY COMMUNITY REDEVELOPMENT AREA (CRA), WHILE CRA STAFF UPDATES ITS REDEVELOPMENT PLAN AND ALTERNATE LAND DEVELOPMENT REGULATIONS ARE PREPARED AND VETTED Item #16B4 THE "HEIGHT NOTICE" AS REQUIRED IN SECTION 7.C. AND REPLACE EXHIBIT E, AMENDING THE DENSITY AND UPDATING THE SITE PLAN, OF THE REAL ESTATE PURCHASE AGREEMENT DATED MAY 9, 2016 BETWEEN REAL ESTATE PARTNERS INTERNATIONAL, LLC (PURCHASER) AND THE BOARD OF COUNTY COMMISSIONERS (SELLER), ACTING AS THE AUTHORITY FOR BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C1 A $705,600 WORK ORDER UNDER REQUEST FOR QUOTATION 14-6213-73 TO MITCHELL & STARK CONSTRUCTION COMPANY, INC., FOR THE NORTH COUNTY REGIONAL WATER TREATMENT PLANT ODOR CONTROL BLOWDOWN SULFURIC ACID BULK TANK AND LIFT STATION PROJECT #70104 — MAINTAINING THE INDUSTRIAL WASTE DISPOSAL RELIABILITY AND MEETING THE DEMAND FOR POTABLE WATER Item #16D1 — Moved to Item #11G (Per Agenda Change Sheet) Page 135 September 27, 2016 Item #16D2 ACCEPT THE CONSERVATION COLLIER 2015 ANNUAL REPORT AND PROVIDE THE BOARD OF COUNTY COMMISSIONERS AND PUBLIC WITH AN UPDATE ON THE PROGRAM'S PAST ACTIVITIES Item #16D3 A WORK ORDER USING CONTRACT NO. 13-6164 TO BSSW ARCHITECTS, INC. FOR DESIGN AND PERMITTING OF THE SHADE STRUCTURE OVER THE CHAMPIONSHIP COURTS AT EAST NAPLES COMMUNITY PARK FOR THE 2017 US OPEN PICKLEBALL CHAMPIONSHIP; AUTHORIZATION OF NECESSARY BUDGET AMENDMENT; AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — FOR A FEASIBILITY STUDY TO DETERMINE OPTIONS FOR PLACEMENT OF THE SHADE STRUCTURE, MATERIALS, SITE UNTILITY MODIFICATIONAAND A PROPOSED BUDGET Item #16D4 RESOLUTION 2016-199: AUTHORIZE THE REMOVAL OF UNCOLLECTIBLE RECEIVABLES IN THE AMOUNT OF $5,381.29 FROM THE FINANCIAL RECORDS OF THE PARKS AND RECREATION DIVISION IN ACCORDANCE WITH RESOLUTION NO. 2006-252 AND AUTHORIZE THE CHAIR TO EXECUTE ATTACHED RESOLUTION Page 136 September 27, 2016 Item #16D5 AUTHORIZE THE GOLDEN GATE BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT (MSTU) TO ACCEPT A DONATION OF PAVER BRICKS AND INSTALLATION FOR THE BASE OF A FLAG POLE PROJECT BEING COORDINATED WITH THE BOY SCOUTS OF AMERICA (BSA) AS AN EAGLE SCOUT MERIT BADGE ACHIEVEMENT — REPLACING THE FLAGPOLE THAT WAS DESTROYED IN A MOTOR VEHICLE ACCIDENT AT THE INTERSECTION OF GOLDEN GATE PARKWAY AND SANTA BARBARA BOULEVARD Item #16D6 ACCEPT A FEDERAL TRANSIT ADMINISTRATION SECTION 5 310 GRANT AWARD IN THE AMOUNT OF $457,557, AUTHORIZE THE NECESSARY BUDGET AMENDMENTS, AND APPROVE THE PURCHASE OF FOUR PARATRANSIT VEHICLES AND RADIOS USING THOSE FUNDS — THREE REPLACEMENT VEHICHLE AND ONE ADDITIONAL WITH RADIOS Item #16D7 REJECT THE SOLE RESPONSE RECEIVED FOR REQUEST FOR PROPOSAL NO. 16-6632 EAST NAPLES COMMUNITY PARK CONCESSION Item #16D8 Page 137 September 27, 2016 AWARD A WORK ORDER USING THE ANNUAL CONTRACT FOR PROFESSIONAL SERVICES FOR ENGINEERS AND ARCHITECTS CONTRACT #13-6164 TO AECOM TECHNICAL SERVICES, INC. FOR THE CLAM PASS BEACH PARK ELECTRICAL UPGRADE AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — FOR THE REPLACEMENT OF THE ELECTRICAL SYSTEM INSTALLED 20 YEARS AGO Item #16D9 THE FY2016-2017 STATE AID TO LIBRARIES GRANT AGREEMENT, TECHNOLOGY PLAN, AND CURRENT YEAR ACTION PLAN, AUTHORIZING THE COLLIER COUNTY PUBLIC LIBRARY TO APPLY FOR STATE AID TO LIBRARIES IN THE ESTIMATED AMOUNT OF $222,978 — WHIS MAY ONLY BE USED FOR OPERATING PURPOSES, PERSONNEL, MATERIALS AND EQUIPMENT Item #16D10 AWARD A WORK ORDER USING FIXED TERM CONTRACT NUMBER #13-6164 TO Q GRADY MINOR & ASSOCIATES, P.A., IN THE AMOUNT OF $27,055, FOR THE DESIGN AND PERMITTING OF THE BAREFOOT BEACH TOLL BOOTH REPLACEMENT AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — THE NEW UNIT WILL PROVIDE MORE SPACE AND SANIARY FACILITIES FOR THE PARK ATTENDANT Item #16D11 Page 138 September 27, 2016 THE EXPENDITURE OF CATEGORY "A" BEACH PARK FACILITY TOURIST TAX FUNDS, AWARD INVITATION TO BID (ITB) #16-6673R FOR SOUTH MARCO PARKING LOT AND BEACH ACCESS IMPROVEMENTS IN THE TOTAL AMOUNT OF $263,309.91, APPROVE THE NECESSARY BUDGET AMENDMENT, AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM Item #16D12 THE EXPENDITURE OF CATEGORY "A" BEACH PARK FACILITY TOURIST TAX FUNDS FOR REPAIR OF THE BOARDWALK AT SOUTH MARCH BEACH ACCESS FOR $14,500, AWARD REQUEST FOR QUOTE (RFQ) TO DSI MARINE CONSTRUCTION, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM Item #16D13 "AFTER-THE-FACT" AMENDMENTS AND ATTESTATION STATEMENTS WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER'S DISEASE INITIATIVE AND HOME CARE FOR THE ELDERLY PROGRAMS AND AUTHORIZE BUDGET AMENDMENTS TO REFLECT THE FINAL FY 15/16 GRANT FUNDING AMOUNT (NET FISCAL IMPACT $8,984.01) — PROVIDING UNINTERRUPTED SUPPORT SERVICES TO THE COLLIER COUNTY SERVICES FOR SENIORS Page 139 September 27, 2016 Item #16D14 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) — PROVIDING UNINTERRUPTED SUPPORT SERVICES TO THE FRAIL AND ELDERLY CLIENTS Item #16D15 AN "AFTER-THE-FACT" AMENDMENT AND ATTESTATION STATEMENTS TO THE COMMUNITY CARE FOR THE ELDERLY, ALZHEIMER'S DISEASE INITIATIVE AND THE HOME CARE FOR THE ELDERLY PROGRAMS WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR SERVICES FOR SENIORS PROGRAMS (NO FISCAL IMPACT) — PROVIDING UNINTERRUPTED SUPPORT SERVICES TO ELDERLY CLIENTS Item #16D16 CATEGORY B TOURIST DEVELOPMENT TAX FUNDING TO THE UNIVERSITY OF FLORIDA EXTENSION SERVICE TO CONDUCT AN ECO-TOURISM TRAINING ASSESSMENT FOR COLLIER COUNTY CONVENTION AND VISITORS BUREAU AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM Page 140 September 27, 2016 Item #16D17 A SECOND AMENDMENT TO THE COLLIER COUNTY SENIOR RESOURCE CENTER GROUND LEASE — FOR TWO ADDITIONAL THREE YEAR TERMS AND REMOVING THE RENT REQUIREMENT AND REFERENCE THE COUNTY'S REIMBURSEMENT OF UTILITIES Item #16D18 RECOGNIZE FY 2016/2017 STATE PUBLIC TRANSIT BLOCK GRANT ADDITIONAL REVENUE UP TO $873,928, AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE, THE PUBLIC SERVICES DEPARTMENT HEAD, TO EXECUTE THE NOTIFICATION OF FUNDING AWARD AND APPROVED APPROPRIATE BUDGET AMENDMENT TO PREVENT DELAY OF THE USE OF GRANT FUNDS FOR THE COLLIER AREA TRANSIT SYSTEM Item #16D19 CHANGE ORDER #1 IN THE AMOUNT OF $5,683 TO Q GRADY MINOR & ASSOCIATES, PA TO OBTAIN THE REQUIRED PERMITS FOR THE CITY OF MARCO ISLAND FOR THE TIGERTAIL RESTROOM ADDITION AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM — FOR THE INSTALLTION OF SEPARATE MEN'S AND WOMAN'S STALLS THAT WILL ACCOMMODATE PEAK SEASON AND HIGH VISITATION DAYS Item #16E1 Page 141 September 27, 2016 GROUP VISION INSURANCE TO VISION SERVICE PLAN (VSP) FOR A TWO-YEAR PERIOD EFFECTIVE JANUARY 1, 2017 IN THE ESTIMATED ANNUAL AMOUNT OF $57,857.76 Item #16E2 THE PURCHASE OF FLOOD INSURANCE FOR FISCAL YEAR 2017 IN THE ESTIMATED AMOUNT OF $381,307 Item #16E3 THE PURCHASE OF LIABILITY, AUTOMOBILE, WORKERS' COMPENSATION, AIRCRAFT, AIRPORT AND OTHER INSURANCE COVERAGE FOR FY 2017 IN THE ESTIMATED AMOUNT OF $928,062 Item #16E4 RESOLUTION 2016-200: A RESOLUTION APPROVING THE PAY AND CLASSIFICATION PLANS FOR THE COUNTY MANAGER'S AGENCY AND COUNTY ATTORNEY'S OFFICE EFFECTIVE OCTOBER 1, 2016; TO PROVIDE FOR A GENERAL WAGE ADJUSTMENT OF 3% EFFECTIVE ON OCTOBER 1, 2016; AND TO APPROVE THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE PROPOSED PAY AND CLASSIFICATION PLANS, FROM JULY 1, 2016 FORWARD, USING THE EXISTING "ARCHER" POINT-FACTOR JOB EVALUATION SYSTEM Page 142 September 27, 2016 Item #16E5 AUTHORIZING THE COUNTY MANAGER AND STAFF, IN ACCORDANCE WITH THE COUNTY'S PROCUREMENT ORDINANCE 2013-69 AS AMENDED, TO USE THE ALLOWABLE FEDERAL GSA SCHEDULES (EX: SCHEDULE 70 AND 1122 PROGRAM), THE STATE OF FLORIDA CONTRACTS, AGREEMENTS AND PRICE LISTS, COMPETITIVELY SOLICITED CONTRACTS BY US COMMUNITIES, WESTERN STATES CONTRACTING ALLIANCE, NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE (NIPA), NATIONAL JOINT POWERS ALLIANCE (NJPA) PUBLIC PURCHASING CONSORTIUMS, COMPETITIVE SOLICITATIONS FROM STATE OF FLORIDA CITIES, COUNTIES, SCHOOL DISTRICTS AND OTHER PUBLIC MUNICIPALITIES (I.E., SHERIFF'S ASSOCIATION; TRANSIT CONSORTIUM BUS PROCUREMENT CONTRACT; LIBRARY PURCHASING COOPERATIVE CONSORTIUM) FOR THE EFFICIENT PURCHASE OF GOODS AND SERVICES FOR THE DELIVERY OF PUBLIC SERVICES AND FOR WHICH FUNDS WERE APPROVED IN OPERATING BUDGETS; AND AUTHORIZE THE COUNTY MANAGER OR THEIR DESIGNEE TO SIGN USER AGREEMENTS OR CONTRACTS ASSOCIATED WITH THESE PURCHASES Item #16E6 AUTHORIZING THE CHAIRMAN TO EXECUTE THE FIFTH AMENDMENT TO THE AGREEMENT FOR MEDICAL EXAMINER SERVICES (CONTRACT NO. 11-5776 MEDICAL EXAMINER) WHICH WILL EXTEND THE TERM OF THE Page 143 September 27, 2016 AGREEMENT TO SEPTEMBER 30, 2017 Item #16E7 CHANGE ORDER #001 FOR LIFE SAFETY UPGRADES IN THE AMOUNT OF $197,476.06 TO DEC CONTRACTING GROUP, INC. FOR CONTRACT #15-6488, COURTHOUSE 1ST FLOOR RENOVATIONS, AN ELEMENT OF COURTHOUSE RENOVATIONS PROJECT #50116 — CONSOLIDATING THE PROBATION OFFICERS AND STAFF CURRENTLY SCATTERED THROUGHOUT THE COURTHOUSE Item #16E8 ACCEPT ONGOING DONATIONS OF BOTH FLAGS ($50) AND FLAG POLES ($1,600) TO BE INSTALLED AT SELECTED COLLIER COUNTY GOVERNMENT LOCATIONS, AS DETERMINED BY THE COUNTY MANAGER, SUBJECT TO BUDGETARY LIMITS OR CONFLICTS AT THE TIME OF DONATION, FROM WOODMEN OF THE WORLD OMAHA WOODMEN LIFE INSURANCE SOCIETY A.K.A WOODMEN LIFE — THE COUNTY WILL BE RESPONSIBLE FOR THE INSTALLATION OF THE FLAGPOLES Item #16E9 THE PROCUREMENT OF EDUCATIONAL TRAINING PROGRAMS FOR STAFF; AUTHORIZE THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH THE FLORIDA GULF COAST UNIVERSITY (AS PROVIDED THROUGH ITS AFFILIATE, THE FLORIDA INSTITUTE OF GOVERNMENT); Page 144 September 27, 2016 AND WAIVE COMPETITION IN THE BEST INTEREST OF THE COUNTY AS AUTHORIZED IN ORDINANCE NO. 13-69, AS AMENDED — PROVIDING STAFF TRAINING ALLOWING FOR STAFF TO DEVELOP SKILLS AND EXPERTISE Item #16E10 AWARD RFP #16-6649 TO GAUMARD SCIENTIFIC FOR THE PURCHASE OF A HUMAN PATIENT SIMULATOR AND RELATED PRODUCTS IN THE AMOUNT OF $79,321 Item #16F1 A RELEASE OF LIEN FOR LUCY ZUNIGA/LUCY SALON, INC. DUE TO THE IMPACT FEES BEING PAID IN FULL IN ACCORDANCE WITH THE AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM AND THE AMENDMENT TO AGREEMENT FOR FEE PAYMENT ASSISTANCE PROGRAM — FINAL PAYMENT WAS RECEIVED ON JUNE 30, 2016 Item #16F2 A TRANSFER OF TRANSPORTATION IMPACT FEE CREDITS IN THE AMOUNT OF $116,044.30, HELD BY BERKSHIRE EQUITY, LLC, FOR THE BERKSHIRE COMMON PARCELS 3A AND 3B DEVELOPMENT TO THE THOMASSON PLACE DEVELOPMENT — BOTH LOCATED IN ROAD IMPACT FEE DISTRICT 2 Item #16F3 Page 145 September 27, 2016 AN INTERLOCAL AGREEMENT WITH THE NORTH COLLIER FIRE CONTROL AND RESCUE DISTRICT TO ASSIST AND COOPERATE WITH THE DISTRICT IN COLLECTING THE DISTRICT'S IMPACT FEES — WITH THE 2016 FISCAL YEAR REIMBURSEMENTS TOTALED APPROXIMATLEY $34,000 Item #16F4 RESOLUTION 2016-201: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET 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 Item #16F6 AN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND PROJECT ICE FOR THE ADVANCED LONG-TERM PRODUCTIVITY PROGRAM ("ALPS") ECONOMIC INCENTIVE AWARD, CONSISTENT WITH THE BOARD'S PRIOR APPROVAL OF PROJECT ICE AS A QUALIFIED APPLICANT FOR THIS AWARD — AS DETAILED IN THE EXECUTIVE SUMMARY Item #16G1 Page 146 September 27, 2016 RESOLUTION 2016-202: AUTHORIZE THE CHAIRMAN TO EXECUTE THE ATTACHED RESOLUTION AUTHORIZING EXECUTION OF JOINT PARTICIPATION AGREEMENT CONTRACT NO. GOE50 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO FUND THE DESIGN, PERMITTING AND BIDDING OF A NEW TERMINAL FACILITY WITH ASSOCIATED ENTRANCE, PARKING, AND RELATED SAFETY IMPROVEMENTS AT THE MARCO ISLAND EXECUTIVE AIRPORT (FISCAL IMPACT $783,900 FDOT AND $217,628 COUNTY) Item #16J1 TAX COLLECTOR REQUEST FOR ADVANCE COMMISSIONS IN ACCORDANCE WITH FLORIDA STATUTE 192.102(1) FOR FY 2017 Item #16J2 PROVIDE APPROVAL TO DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND POINT OF CONTACT FOR THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FY 16 LOCAL STANDARD GRANT, AUTHORIZE AFTER THE FACT, THE SUBMISSION OF THE APPLICATION (SUBMITTED ON AUGUST 22, 2016), ACCEPT THE GRANT WHEN AWARDED, APPROVE ASSOCIATED BUDGET AMENDMENTS AND APPROVE THE COLLIER COUNTY SHERIFF'S OFFICE TO RECEIVE AND EXPEND 2016 JAG STANDARD GRANT FUNDS Page 147 September 27, 2016 Item #16J3 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 Item #16J4 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 SEPTEMBER 1 TO SEPTEMBER 14, 2016 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J5 — Deny Payables Report (Per Agenda Change Sheet) TO PROVIDE TO THE BOARD A "PAYABLES REPORT" FOR THE PERIOD ENDING SEPTEMBER 14, 2016 PURSUANT TO THE BOARD'S REQUEST Item #16K1 RESOLUTION 2016-203: APPOINT A MEMBER TO THE Page 148 September 27, 2016 GROWTH MANAGEMENT OVERSIGHT COMMITTEE — APPOINTING ANDREA PSARAS WITH TERM EXPIRING UPON THE DISSOLUIONT OF THIS AD HOC COMMITTEE Item #16K2 A PROPOSED JOINT MOTION FOR STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $19,800 IN TOTAL COMPENSATION FOR THE TAKING OF PARCEL 242RDUE IN THE PENDING EMINENT DOMAIN CASE STYLED COLLIER COUNTY V. OCTAVIO M. ALFONSO, ET AL., CASE NO. 15- CA-230, REQUIRED FOR THE WIDENING OF GOLDEN GATE BOULEVARD FROM WILSON BOULEVARD TO 20TH STREET E. (PROJECT NO. 60040) (FISCAL IMPACT: $11,140) Item #16K3 A PROPOSED JOINT MOTION FOR STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $22,900 IN TOTAL COMPENSATION FOR THE TAKING OF PARCEL 251RDUE IN THE PENDING EMINENT DOMAIN CASE STYLED COLLIER COUNTY V. PEDRO E. PENA, ET AL., CASE NO. 15-CA-350, REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD FROM WEST OF 16TH STREET EAST TO 18TH STREET EAST (PROJECT NO. 60040) (FISCAL IMPACT: $15,570) Item #16K4 BOARD OF COUNTY COMMISSIONERS REVIEWS AND APPROVES THE PROPOSED FY 2016 - 2017 ACTION PLAN Page 149 September 27, 2016 FOR JEFFREY A. KLATZKOW, COUNTY ATTORNEY Item #16K5 REJECT SECOND OFFER OF JUDGMENT IN THE AMOUNT OF $63,635 INCLUDING ALL ATTORNEYS FEES, EXPERT WITNESS FEES AND COSTS AS FULL COMPENSATION FOR THE TAKING OF PARCEL 196RDUE NEEDED FOR THE WIDENING OF GOLDEN GATE BOULEVARD FROM 8TH STREET EAST TO 12TH STREET EAST (PROJECT NO. 60040) (FISCAL IMPACT: $0) Item #17A ORDINANCE 2016-28: AN ORDINANCE ESTABLISHING THE FRONTERRA COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES Item #17B — Moved to Item #9A (Per Commissioner Fiala during Agenda Changes) Item #17C RESOLUTION 2016-204: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2015-16 ADOPTED BUDGET Item #17D RESOLUTION 2016-205: A RESOLUTION APPROVING Page 150 September 27, 2016 AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2016-17 ADOPTED BUDGET ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:58 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL xcLe 1€4., DONNA FIALA, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK , C X.lk'i { est asio Chai an s 44ature only: These minutes pproved by the Board on w /it //fes , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC. Page 151