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BCC Minutes 11/15/2016 R BCC REGULAR MEETING MINUTES NOVEMBER 15, 2016 November 15, 2016 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, November 15, 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 COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 411° AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 November 15, 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 November 15,2016 THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE FACILITIES MANAGEMENT DIVISION. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dr. Bob Scudieri - Peace Lutheran Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) B. October 11, 2016 - BCC/Regular Meeting Minutes 3. SERVICE AWARDS - EMPLOYEE Page 2 November 15,2016 A. 20 YEAR ATTENDEES 1) Alicia Abbott - Public Utilities Engineering 2) Carolyn Allyn - Parks & Recreation 3) Richard Graham - Wastewater 4) Kenneth Haberkorn - EMS 5) Eddie Hartnack - Veterans Services B. 25 YEAR ATTENDEES 1) Michael Goguen - EMS 2) Carl Gibson - Pollution Control C. 30 YEAR ATTENDEES 1) Dale Waller - Wastewater 4. PROCLAMATIONS A. Proclamation designating November 2016 as National Hospice and Palliative Care Month in Collier County, and recognizing the professionals, staff and volunteers who provide care to patients up to their final moments. To be accepted by representatives of Avow Hospice: Jaysen Roa, Chuck Hoffman, Dana Hall, Phyllis Hall, Annalise Smith, Melissa Phillips, Deborah Jonsson and Mark Beland. B. Proclamation recognizing the 50th Anniversary of the Kiwanis Club of Golden Gate, Naples, Florida, chartered on November 29, 1966, and congratulating members past and present for providing support to children and families and making an impact in the community for 50 years. To be accepted by representatives of the Kiwanis Club of Golden Gate, Naples, Florida: Daryl Mattison, Carol Fries, Bill Ricigliano, Renato Fernandez, Jim Tracy, Lt. Jeremiah Carroll and Nicole Chesser. C. Proclamation designating November 18-24 as Farm-City Week in Collier Page 3 November 15,2016 County. To be accepted by Jaime Weisinger, 2016 Chair of the Farm-City BBQ, and representatives of the four youth leadership development programs benefiting from the proceeds of the Farm-City BBQ: Collier County 4H Association, Youth Leadership Collier, Collier County Junior Deputies League, and Key Club International. D. Proclamation recognizing the Big Cypress National Preserve for earning a Silver - Tier Dark Sky Place designation by the International Dark Sky Association which distinguishes the preserve for having good quality night skies and exemplary nighttime lightscapes with minor impacts from light pollution. Accepting the proclamation from the Big Cypress National Preserve are Tamara Whittington, Superintendent; J. D. Lee, Deputy Superintendent; Dennis Bartalino, Chief of Facilities; Christine Clark, Management Assistant; and Luke Gommermann, Park Ranger. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for November 2016 to Whole Foods Naples. To be accepted by Laurin Kocher, Marketing Field Associate, Whole Foods Naples; Susan Kuhar, Account Executive, Greater Naples Chamber of Commerce; and Bethany Sawyer, Membership Engagement Specialist, Greater Naples Chamber of Commerce. B. Recommendation to recognize Claude Nesbitt, Project Manager, Administrative Services Department as the October 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 Page 4 November 15,2016 A. Recommendation to review and approve the 2016 combined Annual Update and Inventory Report on Public Facilities and Schedule of Capital Improvements as provided for in Section 6.02.02 of the Collier County Land Development Code and Section 163.3177(3)(b), Florida Statutes and adopt a Resolution that updates the 5-year Capital Improvement Schedules. (PL- 20130000111/CPSP-2016-1) 10. BOARD OF COUNTY COMMISSIONERS A. Recommendation to 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 SFWMD refusal to maintain the Picayune roadways. (This item was first heard at the September 27, 2016 BCC meeting and approved for reconsideration at the October 11, 2016 BCC Meeting.) (Commissioner Taylor) B. Recommendation to direct staff to provide the Board with information, options, and recommendations to improve Wildfire mitigation in the rural residential areas of Collier County such as Golden Gate Estates, the Corkscrew Community, and similar areas. (Commissioner Nance) 11. COUNTY MANAGER'S REPORT A. Recommendation to provide an overview of the Property Assessed Clean Energy (PACE) program and direct the County Manager to develop a resolution for further consideration that adopts a third-party administered PACE program for residential and commercial properties. (Gino Santabarbara, Principal Planner, Capital Project Planning, Impact Fees & Program Management Division) B. Recommendation to approve the addition of a Deputy Director-Sports Tourism position for the Tourism Division with a finding that this action promotes tourism. (Jack Wert, Tourism Director) C. This item to be heard at 10:00 a.m. Recommendation to 1) adopt a Resolution authorizing refunding all of the Collier County State Revolving Fund (SRF) loans to achieve debt service savings; 2) authorize issuance of a Page 5 November 15,2016 Collier County Water-Sewer District Refunding Revenue Note (Subordinate) Series 2016, in an amount not to exceed $97,000,000; 3) approve Florida Community Bank, N.A., as the qualified financial institution to provide a fixed interest rate, tax exempt term loan to provide for the refunding of the outstanding State Revolving Fund loans, at a lower interest rate; 4) authorize the County Manager or his designee to sign Florida Community Bank's Proposal; and 5) appoint the Clerk of Courts as the paying agent and registrar. (Joe Bellone, Financial Operations Division Director) D. Recommendation to approve outdoor lighting best practices that improve efficiency, reduce light pollution, and lower the County's total cost of ownership and maintenance; and to direct the County Manager or his designee to update the Land Development Code (LDC) after vetting the best practices with stakeholders, utility companies, and the Florida Department of Transportation (FDOT). (Len Price, Administrative Services Department Head) E. Recommendation that the Board accept a status report on the Big Corkscrew Island Regional Park project and authorizes staff to continue with design, permitting, and phased construction based on the re-designed conceptual master plan. (Barry Williams, Parks and Recreation Division Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Current BCC Workshop Schedule 16. CONSENT AGENDA - All matters listed under this item are considered to be Page 6 November 15,2016 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 Temporary License and Right of Entry Agreement with the Pelican Marsh Community Development District and authorize the Chairman to execute same on behalf of the Board. (Fiscal Impact: None) 2) Recommendation to accept two sidewalk easements associated with Meridian Village Assisted Living nka Beach House Assisted Living and Memory Care, Application Number 20130001021. 3) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$32,000 which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20160000521) for work associated with Isles of Collier Preserve Phase 8. 4) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$14,000 to LB Mediterra, LLC which was posted as a development guaranty for an Early Work Authorization (EWA) (PL20160000141) for work associated with Isles of Caminetto at Mediterra. 5) Recommendation to authorize the Clerk of Courts to release a Cash Bond in the amount of$50,400 to Imperial Golf Club which was posted as a guaranty for Excavation Permit Number 60.134, PL20150002789, for work associated with the Imperial Golf Course. 6) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$33,940 which was posted as a guaranty for Excavation Permit Number 59.902-2, PL20140001692 for work associated with Maple Ridge Reserve at Ave Maria Phase 1. 7) Recommendation that the Board approves and authorizes the Chairman to sign a Collier County Landscape Maintenance Page 7 November 15,2016 Agreement ("Agreement") between Collier County and the Berkshire Lakes Master Association, Inc. for landscape and irrigation improvements within the Radio Road Public Right-of-Way. 8) Recommendation to grant final acceptance of the private roadway and drainage improvements for the final plat of Quarry Phase 2, Application Number AR-7849, with the roadway and drainage improvements being privately maintained, acceptance of the plat dedications, and authorizing the release of the maintenance security. 9) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Camden Lakes Phase 2, Application Number PL20130000523 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 10) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Seneca at Talis Park Application Number PL20130000311 with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. 11) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Del Webb Naples Parcel 213, (Application Number PL20160001636) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 12) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Greyhawk at Golf Club of the Everglades Phase 2, Application Number PL20160000470 approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 13) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all Page 8 November 15,2016 participants are required to be sworn in. Recommendation to approve for recording the final plat of Audubon Country Club Unit 3 - Addition, (Application Number PL20150002719) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 14) 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 the excavation of 25,000 cubic yards and off-site removal of up to 40,000 cubic yards of fill material from Lely Resort Tract 54 Commercial Excavation Permit Application PL20160001004. 15) Recommendation to approve the release of a code enforcement lien with an accrued value of$358,881.43 for payment of$1,814.43 in the code enforcement action entitled Board of County Commissioners v. Bruce Lamchick, Tr., Code Enforcement Board Case No. CESD20100022396 relating to property located at 4320 62nd Avenue, NE, Collier County, Florida. 16) Recommendation to approve final acceptance of the potable water facilities for Glen Eagle Maintenance Facility, PL20130001165, accept unconditional conveyance of a portion of the potable water facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$7,635.35 to the Project Engineer or the Developer's designated agent. 17) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Ponziane, PL20150001589, 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. 18) Recommendation to approve final acceptance of the potable water and sewer facilities for Casoria, Trevi Phase 1, PL20150001534, accept unconditional conveyance of a portion of the potable water and sewer facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of$53,826.66 to the Project Engineer or the Page 9 November 15,2016 Developer's designated agent. 19) Recommendation to approve final acceptance of the water and sewer facilities for Casoria, PL20150001075, accept unconditional conveyance of a portion of the water facilities, and to authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) and Final Obligation Bond in the total amount of $25,606.10 to the Project Engineer or the Developer's designated agent. 20) Recommendation to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for Ponte Rialto, PL20150000321, 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. 21) Recommendation to approve final acceptance of the water and sewer utility facilities for Tuscany Pointe, Phase 1, PL20140002512, 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. 22) Recommendation to approve a Post Project Maintenance Agreement with the Florida Department of Transportation (FDOT) for the maintenance of sidewalks constructed as part of the "Safe Route to School" program at Pine Crest Elementary on the east side of South 7th Street, 4th Street, 3rd Street, and 2nd Street from Delaware Avenue West to Colorado Avenue, upon completion of FDOT Financial Project No. 430922-1-52-01, and a Resolution authorizing the Chairman to sign the Agreement. 23) Recommendation to approve the release of a code enforcement lien with an accrued value of$158,656.43 For Payment Of$450 in the code enforcement action entitled Board of County Commissioners v. Rebecca Roach, Code Enforcement Board Case No. CEPM20150015224 relating to property located at 4161 Golden Gate Parkway, Collier County, Florida. 24) Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of$1,000,000 to WCI Communities, Page 10 November 15,2016 LLC., which was posted as a guaranty for Excavation Permit Number 59.739-1, PL20140002101 for work associated with Lamorada f/k/a Indian Hill Estates. 25) 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). 26) Recommendation to request that the Florida Department of Transportation (FDOT) modify existing destination guide signs erected on Interstate 75 (1-75) at or near Exit 111 (Immokalee Road) from "Naples Park" to "North Naples". 27) Recommendation to approve a Right-of-Entry Agreement with the Florida Department of Transportation to allow for connection and drainage improvements to complement a sidewalk along U.S. 41. 28) Recommendation to recognize carry forward funding for the Collier Metropolitan Planning Organization (MPO) in the amount of $10,151.08, earned from the FY 2015/16 Transportation Disadvantaged Planning Grant, and to approve all related necessary budget amendments. 29) Recommendation to approve the South Florida Water Management District (SFWMD) Agreement No. 4600003476 and to authorize any necessary budget amendments to recognize grant funding in the amount of up to $800,000 for the construction of the Haldeman Creek Weir Replacement Project, Project #60103. 30) Recommendation to award Work Order No. 14-6213-77, to Haskins Inc., for the Eagle Creek Weir Refurbishment in the amount of$ 223,806, Project No. 60124. 31) Recommendation to authorize a budget amendment to recognize carry Page 11 November 15,2016 forward for projects within the Transportation Supported Gas Tax Fund (313) and Transportation & CDES Capital Fund (310) in the amount of 328,050.99 (Projects #60066, #60085, #69333, #69336 and #60132). 32) Recommendation to approve and authorize the Chairman to execute Contract #16-6588 for Construction Engineering and Inspection (CEI) and Related Services for the Logan Boulevard Extension Project to KCCS, Inc. in the amount of$443,954 Project No. 33464. 33) Recommendation to acknowledge and conditionally approve the conditions of support as outlined in the November 3, 2016 correspondence between Collier County and the Florida Forestry Service (FFS) for FFS support of the Restore Comprehensive Watershed Improvement Conceptual Plan. 34) Recommendation to authorize the Chairman to sign a letter of concurrence for the Big Cypress National Preserve's proposed Burmese python capture program. 35) Recommendation to authorize the cooperative purchase of software and equipment from Rhythm Engineering, Inc., for CR31 (Airport- Pulling Road) through a Local Area Program (LAP) Agreement between the Florida Department of Transportation (FDOT) and Collier County from FDOT Statewide Contract #ITB-DOT-1516- 9005-GH. FDOT Financial Project No. 430871-1-98-01 and Collier County Project No. 33475; Estimated products value of$427,000. B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DEPARTMENT 1) Recommendation to approve a Settlement Agreement between Collier County and the Florida Department of Environmental Protection in the amount of$3,778.60 to reconcile payment for services rendered by County staff related to regulation of underground storage tanks. 2) Recommendation to award Invitation to Bid #16-6609, "Sewage Hauling" to Southern Sanitation, Inc., as Primary Contractor, and Marlin Environmental, Inc. d/b/a Al Gator Septic, as Secondary. Page 12 November 15,2016 3) Recommendation to approve a $444,850 work order under Request for Quotation #14-6213-79 to Douglas N. Higgins, Inc., to replace aeration equipment under Water Reclamation Facilities Technical Support Project Number 70148. D. PUBLIC SERVICES DEPARTMENT 1) Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Division Facilities and Outdoor Areas License and Fee Policy and establishing the policy anew to modify the fitness membership corporate discount to include not-for-profit organizations. 2) Recommendation to authorize the Chairman to sign one satisfaction of mortgage for an owner-occupied affordable housing unit that has satisfied the 5 year affordability period for which no repayment is required to the Collier County HOME Investment Partnership Program in the amount of$7,198.67. 3) Recommendation to approve two State Housing Initiatives Partnership Program Impact Fee releases of lien in the combined amount of $13,868.34 for the associated owner-occupied affordable housing units where the obligations have been repaid in full by the homeowners. 4) Recommendation to recognize carryforward interest earnings and approve a budget amendment in the amount of$480.67. 5) Recommendation to approve three mortgage satisfactions for the State Housing Initiatives Partnership loan program in the combined amount of$37,480. 6) Recommendation to award Request For Quote No. 17-7045 "Carnival Concession for Collier County Parks and Recreation Special Events" and authorize the Chairman to execute a contract with United Midways, LLC. 7) Recommendation to approve an "after-the-fact" Amendment and Page 13 November 15,2016 Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. for the Services for Seniors Older Americans Act Title IIIC 1 program and approve a budget amendment to ensure continuous funding for FY 2016 (Fiscal Impact $2,222.23). 8) Recommendation to approve an "after-the-fact" Amendment and Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. for the Services for Seniors Older Americans Act Title IIIC1, Title IIIB and Title IIIE programs and approve budget amendments to ensure continuous funding for FY 2016. (Fiscal Impact of the OAA programs of$5,000.00 and local match funding of $555.57). 9) Recommendation to approve an "after-the-fact" Amendment and Attestation Statement with Area Agency on Aging for Southwest Florida, Inc. for the Services for Seniors Community Care for the Elderly program (No Fiscal Impact). 10) Recommendation to approve an "after-the-fact" Amendment and Attestation with Area Agency on Aging for Southwest Florida, Inc. for the Services for Seniors Nutrition Services Incentive Program and approve a budget amendment to ensure continuous funding for FY 2016 (Net Fiscal Impact $24,472.77). 11) Recommendation to award Invitation to Bid (ITB) No. 16-7014R, Lazy River Pool Repair and Resurface, to Au Miller Pools in the amount of$396,271 and authorize the Chair to execute the contract. 12) Recommendation to authorize staff to hire a design Consultant under contract to provide a conceptual design of an OHV Park at Immokalee Airport and develop and include a scope for a consultant to seek input from USFWS on permitting and mitigation considerations for the design to minimize costs associated with PHUs and other regulated species and approves a resolution extending the ad hoc committee to until the completion date of the project. E. ADMINISTRATIVE SERVICES DEPARTMENT 1) Recommendation to award Invitation to Bid (ITB) #16-6678 "Computers for Collier County" to Staples Contract & Commercial, Page 14 November 15,2016 Inc., CDW Government LLC, and Computers at Work!, Inc. d/b/a vTECHio. 2) Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from Garfield Family Funeral & Cremation Services, Inc., to Gendron Funeral & Cremation Services Inc., as it relates to ITB #14-6310 "Burial and Cremation Services." 3) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation claim files settled and/or closed by the Risk Management Division Director pursuant to Resolution #2004-15 for the fourth quarter of FY 16. 4) Recommendation to approve an Assignment and Amendment of Lease Agreement to acknowledge the new owner of Unit 201, Court Plaza III, as it relates to a Lease Agreement with Collier County. 5) Recommendation to recognize carry-forward from accrued interest earned by EMS County Grant revenue and appropriate funds for a total amount of$146.05. 6) Recommendation to approve an Amendment to Agreement #12-5874 for EMS Billing to add consulting services for the purpose of enrollment in the Florida EMS Public Emergency Medical Transports Medicaid program. 7) Recommendation to authorize the County Attorney to advertise an ordinance repealing and replacing the Public Safety Authority Ordinance No. 2012-23, as amended, for the purpose of reestablishing the Public Safety Authority as the Emergency Medical Authority and bring back such ordinance for future Board consideration. 8) Recommendation to approve the administrative reports prepared by the Procurement Services Division for change orders, surplus property and other items as identified. 9) Recommendation to approve the Collective Bargaining Agreement between Collier County and the Collier EMS/Fire Bargaining Unit, Southwest Florida Professional Firefighters and Paramedics, Local 1826, International Association of Firefighters, Incorporated. Page 15 November 15,2016 10) Recommendation to award ITB #16-6665 IT Communication Services: Voice & Data to Century Link, waive minor irregularities in the bid process, and authorize the Chairman to execute the Contracts. 11) Recommendation to authorize payment of outstanding invoices under quantum meruit for Contract #14-6307 —Annual Contract for General Contractor Services for projects to PBS Contractors. F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve Tourist Development Tax Category "B" funding to support eight upcoming FY 17 Sports Events up to a total of$68,200.00 and make a finding that these expenditures promote tourism. 2) Recommendation to approve Tourist Development Tax Category "B" funding to sponsor The Gulfshore Holiday Hoopfest and The Naples Holiday Shootout basketball tournaments, totaling $13,500.00 and make a finding that these expenditures promote tourism. 3) Recommendation to adopt a resolution approving the amendment of Resolution 2006-12, Collier County's Fast Track permit review program, to expedite development orders or permits for primary employers. 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2016-17 Adopted Budget. 5) Recommendation to award Request for Proposal (RFP) #16-6666, for the acquisition of a Customer Experience Management Software and Survey System, to Qualtrics LLC., in the amount of$67,000. G. AIRPORT AUTHORITY 1) Recommendation to approve a Site License Agreement with Center Ring Circus, Inc. for a Big Top Circus Event at the Immokalee Regional Airport. 2) Recommendation that the Board of County Commissioners acting as Page 16 November 15,2016 the Collier County Airport Authority approve a Site License Agreement with wannaGOFAST, LLC., to conduct an Exotic Auto Racing Event at the Immokalee Regional Airport. 3) Recommendation to approve the first amendment to a Memorandum of Understanding (MOU) between the Collier County Airport Authority (CCAA) and five Environmental Signatories to the Deltona Agreement, along with a Conservation Easement in favor of the Environmental Signatories (Companion to Agenda Items #17F and #17G). H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 30, 2017. 2) To provide the purchasing card procurements and list of invoices not previously approved by the Board as to public purpose, for which the Clerk has substantially completed his audit. 3) To record in the minutes of the Board of County Commissioners, the check number (or other payment method), amount, payee, and purpose for which the referenced disbursements were drawn for the periods between October 13 to November 2, 2016 pursuant to Florida Statute 136.06. 4) Report to the Board regarding the investment of County funds as of the quarter ended September 30, 2016. K. COUNTY ATTORNEY 1) Recommendation to reappoint one member to the Vanderbilt Beach Beautification MSTU Advisory Committee. 2) Recommendation to reappoint one member to the Page 17 November 15,2016 Historic/Archaeological Preservation Board 3) Recommendation to appoint a member to the Golden Gate Beautification Advisory Committee. 4) Recommendation to appoint one new member and reclassify one current member of the Affordable Housing Advisory Committee. 5) Request that the Board of County Commissioners direct the Collier County Health Facilities Authority to disburse grant funds to certain nonprofit health service agencies. 6) Recommendation to appoint a member to the Collier County Citizen Corps. 7) Recommendation to appoint one member to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board 8) Recommendation to direct the County Attorney to advertise and set a public hearing date on January 10, 2017, to consider a proposed Integration Agreement that would transfer the Orange Tree Utility Company to the Collier County Water-Sewer District. 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 Orange Blossom Ranch Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. Page 18 November 15,2016 B. Recommendation to adopt an Ordinance establishing the Orange Blossom Groves Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. C. Recommendation to adopt an ordinance amending Ordinance No. 2002-09 to increase the acreage of the Flow Way Community Development District (CDD) pursuant to Chapter 190.046 F.S. D. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20150002689, to disclaim, renounce and vacate the County and the public interest in a portion of the 10-foot sidewalk easements and vacate a portion of the 10-foot utility easements located along the border of Lots 16, 37 & 38, of Collier County Production Park, Phase 1B, as recorded in Plat Book 15, Pages 7-8 of the public records of Collier County, Florida, for property located on the northeast corner of the intersection of Exchange Avenue and Production Boulevard, approximately 200 feet west of Livingston Road, in Section 36, Township 49 South, Range 25 East, Collier County, Florida; and to accept Petitioner's grant of 10-foot sidewalk easements to replace the vacated sidewalk easements. E. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending Ordinance No. 2001-17, the Granada Shoppes Planned Unit Development by removing outdoor retail nurseries, lawn and garden supply stores (sic code 5261) as a prohibited use; by adding indoor/outdoor retail nurseries, lawn and garden supply stores (sic code 5261) as a permitted principal use; and by adding outdoor display of merchandise during business hours as an accessory use; and providing an effective date. The subject property, consisting of 39.23+/- acres, is located on the southeast corner of U.S. 41 and Immokalee Road in Section 27, Township 48 South, Range 25 East, Collier County, Florida [PUDA-PL20160001981]. F. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance amending Ordinance Number 81-6, as amended, the Marco Shores Golf Course Community Planned Unit Development (PUD), providing for Page 19 November 15,2016 amendment to the PUD document to remove 6.5± acres from the PUD; providing for amendments to the legal description; providing for amendment to the Master Plan; providing for repeal of Resolution No. 09-256, which granted a parking exemption and providing for an effective date for property located near the Marco Island Executive Airport in Section 26, Township 51 South, Range 26 East, Collier County, Florida [PUDA-PL20150002550] (Companion to agenda items 16.G.3, 17.G and 17.H). G. This item requires that ex parte disclosure be provided by Commission members. Should a hearin2 be held on this item, all participants are required to be sworn in. Recommendation to approve an ordinance amending Ordinance No. 2004-41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Marco Shores Golf Course Community Planned Unit Development zoning district to the Public Use (P) zoning district for property located near the Marco Island Executive Airport in Section 26, Township 51 South, Range 26 East, Collier County, Florida, consisting of 6.5± acres; and by providing an effective date [RZ- PL20160000382] (Companion to agenda items 16.G.3, 17.F and 17.H). H. This item requires that ex parte disclosure be provided by Commission members. Should a hearin2 be held on this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20160000379 to disclaim, renounce and vacate the County and the public interest in 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. (Companion to Agenda Items 17.F and 17.G). Recommendation to adopt an amendment to Ordinance No. 2010-29, the Collier County Public Parks and Beach Access Parking Ordinance, to clarify its intent as it relates to park and beach users who also wish to visit nearby shopping and restaurants as part of the overall recreational opportunity for that beach or park. J. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Page 20 November 15,2016 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 21 November 15,2016 November 15, 2016 Page 2 MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN FIALA: Thank you very much. Good morning, everyone, and thank you for being with us tonight (sic). It looks like we've got some honorees that are going to be honored by the gang back there. I'm glad you're all here. It's always fun to have our employees in the audience. Thank you very much. With that, I would ask you to stand, please. And we're going to first hear Reverend Bob Scudieri of Peace Lutheran Church who will say a prayer for us. Please bow your heads. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE – GIVEN BY REVEREND DR. BOB SCUDIERI OF PEACE LUTHERAN CHURCH REVEREND SCUDIERI: Thank you, Madam Chair. Psalm 27, Verse 13, I believe I will look upon the goodness of the Lord. Lord God, we begin by giving you thanksgiving for the decades of goodness that have been given to us by Alicia and Carolyn and Richard and Kenneth and Eddie and Michael and Carl and Dale. We especially praise you for the service that has been given by Commissioners Nance and Hiller and Henning. Thank you, Lord God, for making this a good land. We thank you for civic organizations that make life more good and more beautiful, especially for those who have come for the -- care for the gifts of your land, this incredible land, for theirs who care for us at the end of life, for farmers, for grocers like Wholefoods. For all who make life on this earth more good and more wonderful, we give you thanks and we pray. Make us mindful, Lord, of how each of us has been given the November 15, 2016 Page 3 privilege of serving you by serving the people of this beautiful and good county. Keep us from lazy satisfaction, despair, and fear. Send us leaders who will speak the truth to us, who are willing to speak hope and warning and who are seeking the common good. We ask these blessings and this beauty in your holy name. Amen. CHAIRMAN FIALA: And with that, I would ask you to turn and, Commissioner Hiller, would you help -- would you lead us in the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN FIALA: Thank you. County Manager, 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 your proposed agenda changes for the Board of County Commissioners meeting of November 15, 2016. The first proposed change is to move Item 17I from your summary agenda to become Item 9B under your advertised public hearings. This is a recommendation to amend your Collier County public parks and beach access parking ordinance. This request was made by Commissioner Taylor. A note on time-certain items for today's meeting, Commissioners: Item 11C will be heard at 10 a.m. That's an item regarding a refunding of Collier County Water and Sewer State Revolving Fund Loans, and that item will then be followed immediately by Item 11B, and that's a November 15, 2016 Page 4 discussion on a recommended addition to Tourism Department for a deputy director to assist with our growing sports tourism industry. Commissioners, a couple other reminders. You have court reporter breaks typically set for 10:30 and 2:50 in the afternoon. Item 7 is your public comment on general topics not on the current or future agenda. That item is to be heard no sooner than 1 p.m. or at the conclusion of the agenda, whichever occurs first. Likewise, your Item 9, which is your advertised public hearings, are scheduled to be heard no sooner than 1 p.m. or at the conclusion of the agenda, whichever would occur 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: Not singing or anything to us, huh? Excuse me. Just a little inside joke. I understand he was here this morning singing, so I just had to throw that in, okay. Commissioners, do you have anything to change on the agenda, correct, declare, ex parte? Would you start with Commissioner Hiller -- I'm sorry. I'm looking at you, Commissioner Taylor, and saying Hiller. Sorry about that. COMMISSIONER TAYLOR: Good morning, good morning. Yes. I have a -- meetings with -- on 17E, F, and G, basically it's with staff and with the Conservancy on these items. And that is all I have to declare. CHAIRMAN FIALA: Okay, fine. Commissioner Nance? COMMISSIONER NANCE: Yes, thank you. No further changes, Madam Chair. I have nothing to declare on today's consent agenda. On today's summary agenda, I have reviewed the staff reports on Item 17E, the Granada Shoppes PUD, and I have, likewise, read November 15, 2016 Page 5 and reviewed the staff report on Items 17F and 17G pertaining to the Marco Shores Golf Course Community PUD. Nothing further. CHAIRMAN FIALA: Thank you very much. Commissioner Henning? COMMISSIONER HENNING: Good morning. I have no ex parte communication on today's agenda or no changes. CHAIRMAN FIALA: Thank you. Commissioner Hiller? COMMISSIONER HILLER: Yeah, thank you. Leo, in the past with -- at every board meeting you included on the change sheet a reference to the approval of the pre-audited expenses. MR. OCHS: Yes, ma'am. COMMISSIONER HILLER: And I don't see it on this one. MR. OCHS: Yes, ma'am. The former payables report item is not -- had not been submitted by the Clerk's Office on this agenda. They did submit a revised report of pre-audited expenses for the Board to make their declaration of valid public purpose, and that would allow the Clerk, under your purchasing ordinance, to then disburse payment, and we are working, for the next meeting, cooperatively with the Clerk's Office to have a complete pre-audited payables pending report that the Board can then make their formal declaration of valid public purpose and move forward. COMMISSIONER HILLER: And to that end, I want to congratulate you on the lawsuit for having accomplished what was necessary and that is to compel the Clerk to respect the law and make the payments accordingly. So, well done, and well done to the purchasing director for winning as well. With respect to that, there's another piece of information that the public may not be aware of, and that is that FDLE concluded its investigation of BQ Concrete and moved the investigation over to the November 15, 2016 Page 6 State Attorney's Office and I believe, County Manager, you received word from the State Attorney's Office that there will be no prosecution of any county employee or BQ Concrete or BQ Concrete's employees; is that correct? MR. OCHS: That is correct, ma'am. COMMISSIONER HILLER: So to that end, given that those invoices submitted by BQ subsequent to the commencement of that investigation were pre-audited, this board has to take action as it committed to do, which is upon conclusion of the investigation and upon the State Attorney clearing all parties, that we would approve disbursement including the 50,000 which was illegally paid to Liberty. MR. OCHS: Yes, ma'am. And that, again, is part of what we're working with Ms. Kinzel and her staff on, for the report in December, to have all those payables brought forward. COMMISSIONER HILLER: So -- that's great; thank you. Because normally I would have expected to see that today under the circumstances, given the win of the lawsuit and given the conclusion by the State Attorney's Office of no guilt. MR. OCHS: Thank you. COMMISSIONER HILLER: So with that said, I've read the staff reports, and I have no disclosures and no further changes. CHAIRMAN FIALA: Very good. And, for me, I have no changes or corrections to the agenda. And as far as disclosures go on the summary agenda, I've read the staff report with regard to Granada Shoppes, and then on 17F, G, and H, these pertain to the Marco Island Airport, I've had meetings with Justin Lobb, with some people, Bruce and Diane Moorhead from Fiddler's Creek; I've emails and phone calls on this subject as well. MR. OCHS: Madam Chair, if the Board is intending to move Item 17I, as Commissioner Taylor has requested, to 9B, might I suggest a late morning time-certain on that, perhaps 10:45, so that November 15, 2016 Page 7 allows people who want to be here to comment on that to attend. COMMISSIONER HILLER: If I may? CHAIRMAN FIALA: Yeah. COMMISSIONER HILLER: I would really find that objectionable. I don't see any need for this ordinance to be brought forward for additional discussion. There's been so much discussion on this issue at previous meetings. I really can't accept the change sheet recommendation of moving 17I to 9B. So I would actually make a motion that we don't accept moving the item and we leave it on consent. CHAIRMAN FIALA: Is there a second to that motion? COMMISSIONER NANCE: I don't think -- can we do that legally? I thought that it -- COMMISSIONER HILLER: Yeah, we can. Absolutely. MR. KLATZKOW: Sure. You're setting your agenda; three votes. CHAIRMAN FIALA: Okay. But -- well, can we -- aren't the people here that wanted to speak on this subject? Maybe we could hear from them first. MR. KLATZKOW: And they can speak now, yes, ma'am. CHAIRMAN FIALA: And then maybe then we can address it. COMMISSIONER HILLER: They could speak at this point. CHAIRMAN FIALA: Okay, fine. COMMISSIONER HILLER: Because they can speak to it under consent. MR. OCHS: Yes, Madam Chair. You have a few other registered speakers on both your consent and your summary agenda this morning. CHAIRMAN FIALA: Okay. We'll come back to your motion, Commissioner Hiller. I don't want to just drop it, but maybe so everybody understands. November 15, 2016 Page 8 MR. MILLER: Madam Chair, would you like to start with the speakers that were registered for 17I or 9B? CHAIRMAN FIALA: Yes. MR. MILLER: Okay. Brian Cross will be followed by Gary Brecka. I think I've got that right. MR. OCHS: And, again, for the record, these are speakers on which item? MR. MILLER: 17I or slash 9B. Two registered under 17I, one registered 9B. MR. OCHS: And this gentleman is registered under which item? MR. MILLER: 17I. MR. CROSS: Thank you, County Commissioners. Thank you for giving me the chance to speak. I appreciate it. This is the ordinance that we spoke about at the last hearing which I believe Commissioner Henning brought up the idea that it's an unenforceable ordinance. I believe that Mr. Klatzkow stated that it was drafted as an error as not intended to restrict or prohibit the public from simply using a restroom or purchasing a bottle of water or suntan lotion when they parked at the beach. We know this is a very unique scenario in a unique location, but that being said, what I want to make clear to the county commissioners and to the public is that the ordinance change here simply takes an unenforceable, an illegal ordinance and makes it clear and legal, which that says you have to have used the beach or primarily have used the beach. This does not and cannot take away any public parking spaces of them and allocate them to private businesses. This does not allow a person to apply for a beach parking variance or an APR reduction and simply say, well, I'm allowed to use 100 of those 200 spaces. This does not allow the Ritz to take over the spaces. This does not allow any of the businesses to take over the spaces. November 15, 2016 Page 9 All this does is it allows members that park at the garage to simply use -- since it's paid for with tourism dollars, to use tourism, which includes restaurants, hotels, condos, and other businesses in that location at other public garages. And to the extent that that parking creates foot traffic in the area, that can be considered, that's what the law is designed to do, and that's what the law's designed to promote. This is not -- as I'm guessing you will hear, there's not enough parking there for the beach, and now every business is going to get parking reductions because they're going to say, look, I have 200 spots over here I can use. No. The county staff, I believe, will opine if asked that they are not going to allow a business to apply for a parking and ask that the spaces be considered. Now, the overflow foot traffic may impact some applications, but that is separate and distinct, and I just wanted the commission to realize that -- and it could check with its staff. Certainly don't take my word on it. But this is not an attempt to allow members of the public, private businesses, to take public parking spaces and have them be used solely for their purposes, as it was alluded to at the last meeting. Thank you for your time, and I appreciate it. MR. MILLER: Your next speaker on this item is Gary Brecka. He'll be followed by Kathleen Robbins. MR. CROSS: Mr. Brecka I don't believe is here yet. He was expecting this to be a little later in the day, and he's going to be here in about 30 minutes. He just dropped his son off at school. MR. MILLER: Okay. Kathleen Robbins. MS. ROBBINS: Thank you, Commissioners. Just a few words. MR. OCHS: Ma'am, if you would speak into the microphone, please. Thank you. MS. ROBBINS: Just a few words of comment on this. November 15, 2016 Page 10 First of all, this ordinance has been in effect for six years without any problems at all, and so we don't know why there is a question now about its enforceability since it has been enforced for six years. The other thing is that behind -- that this parking garage is unique in all of the beach parking facilities in all of Collier County because it is governed by a set of deed restrictions and covenants and agreements that no other parking site is. So if this ordinance is broadened, you run the risk of violating those ordinances. Now, I can speak only to the ordinance itself, but I will tell you that there are underlying restrictions on that garage: Number one, it closes at sunset. I think that's true of all beach parking; No. 2, that the Ritz and the Pelican Bay Foundation do control the non-beach use of that facility. Thank you very much. MR. MILLER: Madam Chair, that's all the speakers I have on 17I. I do have speakers on other consent and summary items, but... CHAIRMAN FIALA: Yes. I think we should just continue on, because we have to hear all the speakers anyway before we can vote. MR. MILLER: Sure. Next I have two speakers registered for 17F and 17G from your summary item -- summary agenda, rather. Diane Moorhead will be followed by Jim DeLorezo. MS. MOORHEAD: Jim's not here. MR. MILLER: Jim's not here, but Diane will speak. MS. MOORHEAD: Did you-all get the packets that we emailed to you yesterday, and do you want them -- and do you want a copy? Yes? No? We're good. Okay. I'm representing the board of directors for Runaway Bay Homeowners Association. CHAIRMAN FIALA: And your name is? MS. MOORHEAD: My name is Diane Moorhead. Okay. We have specific objections to the Marco Airport November 15, 2016 Page 11 expansion items. They represent a significant commitment in terms of both dollars and actual construction toward implementing an out-of-date and environmentally deficiency master plan for the Marco Airport. The airport master plan, which includes the addition of significant additional hangar and tie-down facilities for additional aircraft, has not materially modified other than add a taxiway since it was completed in 1996. Since 1996 and, indeed in recent years, it has become clear that sea levels and rising -- are rising, and that this rise will impact many low-lying areas in South Florida, including, if needs to be said, Southwest Florida. Nothing contained in the staff report or the executive summary that are part of the agenda packet for this meeting even acknowledges the existence of issues related to sea level rise or the impact of increased aircraft traffic, noise on birds that nest and inhabit the area impacted by the Marco Airport. When one looks at the totality of the scheme to obtain approval, the first step in the Marco Airport expansion, it has all the hallmarks of a rigged system. All of the actors are county employees, and the airport itself is owned by the county; thus, the county is asking itself for permission to expand the airport, and the relevant county employees appear to have done everything possible to shield this debt from scrutiny by affected and concerned residents. It is certainly true that in addition to the environmental concerns set forth above, the residents of Runaway Village are concerned with the increased noise from the expanded airport operations that will follow inevitably from a significant expansion of Marco Airport capacity. Our experience is that only lip service is paid to these concerns by the Marco Airport personnel. We are told that noise abatement's procedure to take off over the gulf instead of over Fiddler's Creek is November 15, 2016 Page 12 not applicable when the winds are from the wrong direction; however, monitoring of flights discloses that when a flight is bound for Key West, the plane invariably takes off over the gulf because that is the most convenient route for the flight, but on the same date other planes continue to take off over Fiddler's Creek. Specific relief requested: Denial without prejudice of the pending rezoning request and of the request for approval of amendment to the MOU and appointment of a special public advocate for the limited purpose of examining the issues surrounding the proposed expansion of the Marco Airport and giving comprehensive advice and recommendations to the Board of Commissioners. This person should not be an employee of Collier County and should be, insofar as practical, free of influence. We recommend Nicole Johnson of the Conservancy of Southwest Florida in such a role. CHAIRMAN FIALA: Thank you. County Attorney, do you want to state what you told me yesterday in my office? MR. KLATZKOW: Yeah. My understanding is that we're required to move the terminal for safety reasons by the feds, quite frankly. That's all we're doing. We're not expanding the runway. We're not expanding service. We've just been told by the feds that you need to move the airline terminal for safety purposes. And correct me if I'm wrong, Leo, that that's all this is about. MR. OCHS: That's true, Commissioners. And in addition, I would remind the Board that this rezone does go through your Collier County Planning Commission, as every rezone does, with the normal public hearing requirement satisfied that CCPC unanimously recommended the rezone subject to the items that you have in your agenda today. And there were no objections; that's why this was on your November 15, 2016 Page 13 summary agenda that were voiced at that CCPC meeting, as I understand. MS. MOORHEAD: Can I answer that? CHAIRMAN FIALA: Tell me if I understood what you said correctly yesterday also, that the feds are requiring us to move it, and they're even paying for most of it, right? MR. KLATZKOW: They're paying for the vast bulk of it, yes. MS. MOORHEAD: Fiddler's Creek was not notified at all. Mainsail people have been notified about the rezoning but Fiddler's wasn't, and we're -- Fiddler's Creek is impacted by the airport. MR. KLATZKOW: Ma'am, all we're doing is moving the terminal because the feds are requiring it. We're not expanding service. We're not expanding the runway. We can't expand the runway. MS. MOORHEAD: Yeah. We're concerned about the expansion. COMMISSIONER HENNING: I'm ready to vote on the agenda. The time is up for the speaker. MR. MILLER: I do have one last registered speaker for a consent agenda item, Item 16A26, Angelo Parziale. Sir? MR. PARZIALE: Yes. I'd like to state that I'm against changing the sign on 75 for Immokalee Road from Naples Park to North Naples. I'm against the county for spending the money. I think it's a lot of money to spend to change signs. I think that North Naples goes from Immokalee Road to Pine Ridge Road, and I think it would be confusing for people to see a sign on Immokalee Road saying North Naples when if you were going to go to the new Aldi's next to Costco, that it would say North Naples, and you'd want to get off at the Pine Ridge exit to go to that Aldi's. I think this is a mistake, and I'd just like to state that there's other people in the county that I have spoke to and say that they would not November 15, 2016 Page 14 like to see the county spend this money. COMMISSIONER HENNING: We're not spending any money. MR. PARZIALE: Thank you. CHAIRMAN FIALA: Okay. Commissioners, we'll go back to -- what was your motion before? COMMISSIONER HILLER: My motion was that we not move 17I to 9B. COMMISSIONER NANCE: I will second the motion. COMMISSIONER HILLER: Thank you. CHAIRMAN FIALA: Okay. So we're going to vote on that first before we then approve the agenda, okay. COMMISSIONER HILLER: Right. And I just want to comment on the speakers' remarks. The Pelican Bay deed restrictions in no way affect the change that's being proposed in the ordinance. And as far as this ordinance, the other statement made was that it was in force for six years. It actually wasn't enforced for six years, and it wasn't enforceable for six years because of the way it was written, and that's why the county attorney is proposing the change. So it's a very reasonable change and is appropriate to -- you know, finish the Board's unanimous approval. CHAIRMAN FIALA: So understand we're going to vote on that motion first and then we're going to have a motion to approve or disapprove the agenda for today. Okay. So all in favor of the motion by Commissioner Hiller and seconded by Commissioner Nance, say aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. CHAIRMAN FIALA: Opposed? COMMISSIONER TAYLOR: Opposed. COMMISSIONER HENNING: Aye. November 15, 2016 Page 15 CHAIRMAN FIALA: There's two opposed? COMMISSIONER TAYLOR: Yes. CHAIRMAN FIALA: Three for. Okay, fine. I mean three for it. Excuse me. I didn't mean 3-4. MR. OCHS: So 17I will remain on the summary agenda. CHAIRMAN FIALA: Yes. COMMISSIONER HILLER: On the summary agenda. MR. OCHS: Correct. COMMISSIONER HILLER: On the consent agenda. MR. OCHS: Summary agenda. CHAIRMAN FIALA: And then -- you know what, before we can go any further, I've got Commissioner Taylor, Hiller, and Henning all wanting to speak. So I don't want to ask for a motion for the rest of the agenda until we hear from each one. Commissioner Taylor? COMMISSIONER TAYLOR: Let's move to the issue of the airport and the expansion of the airport. Was -- understanding that it's just the terminal, I'm rather surprised that this neighborhood doesn't know about it, doesn't understand the parameters of the expansion. Did staff meet with the neighborhoods around? MR. MULHERE: Commissioner Taylor, for the record, Bob Mulhere, here working with the airport. We did have a neighborhood information meeting as required by your Land Development Code, also posted signs, also put an ad in the newspaper, and, you know, this was all -- all the notice was in accordance with your requirements. We don't notify individual property owners unless they fall within the prescribed distance. COMMISSIONER TAYLOR: But Fiddler's Creek was notified directly in the winter months before the summer and half the neighborhood leaves? MR. MULHERE: They were notified if their individual November 15, 2016 Page 16 properties were within 500 feet of the airport. That's what the code requires. COMMISSIONER TAYLOR: Okay. MR. MULHERE: But there was an ad put in the paper for both the NIM and the Planning Commission and the board meeting and, of course, the property is noticed out on 951, so... COMMISSIONER TAYLOR: And you were at the Planning Commission meeting? MR. MULHERE: Yes. COMMISSIONER TAYLOR: And the neighbors spoke at that meeting? MR. MULHERE: No one spoke. No one spoke at the Planning Commission. COMMISSIONER TAYLOR: Okay. MR. OCHS: Commissioners, that airport's been there since 1976, I think well before the development of Fiddler's Creek. COMMISSIONER TAYLOR: What has that got to do with anything? MR. OCHS: Well, I mean, if you buy property next to an airport, you've got to know there's an airport operating there. COMMISSIONER TAYLOR: No, no, I know that. It's just they're in the middle of the mangroves, and there's an airport there and then there's a neighborhood there. And, you know, it's a unique -- it's a unique location within Collier County. They're -- more than, perhaps, folks in the City of Naples, they're acutely aware of what's going on at the airport. But I understand that you did everything according to our code, and I understand that and I can respect that. MR. MULHERE: And this change will have no impact on the operation of the airport other than to enhance the safety. COMMISSIONER TAYLOR: Okay. Thank you. CHAIRMAN FIALA: All they're doing is building a new November 15, 2016 Page 17 terminal. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: They're not going to expand, you know, runways. They're not going to add a plane service. I had Mr. and Mrs. Moorhead in my office, and I told them, you know, they can't extend a runway. They were thinking some kind of a jet service or something was coming in. I said, we can't do that. This is only just about the terminal. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: And I think that maybe, maybe -- I don't know. Sometimes people will tell people will tell people, and it changes its context. COMMISSIONER TAYLOR: It would make them nervous, naturally. CHAIRMAN FIALA: Okay. MR. LOBB: Commissioners, for the record, Justin Lobb, your Airports Manager. Just two quick points. We have met with the Fiddler's Creek Runaway Bay Homeowners Association most recently back in winter, about March 2016 more so on the subject to talk about the airport and our operations and noise and what we can do as airport staff to help mitigate that, because we do certainly want to be a good neighbor in the community. And as far as Fiddler's Creek goes, you know, there's the argument the airport has been there, but I would also add the airport also -- and the county has an easement over the airspace over Fiddler's Creek that protects the airspace and approach paths into the airport and our right and the airport's right to have aircraft fly over that airspace. And to that effect, residents have signed disclosures that they do lie under the runway approach path, giving them the opportunity to review the 1997 master plan which was also updated pretty extensively in 2008, and those plans have not materially changed. November 15, 2016 Page 18 COMMISSIONER TAYLOR: I think the county's done what they needed to do. I'm very satisfied. Thank you. CHAIRMAN FIALA: Thank you. COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: Okay. Commissioner Hiller? COMMISSIONER HILLER: I would agree that this should be left on summary in light of the fact that there is no adverse impact to the community, and the building is simply being moved for safety reasons as the county attorney said. I don't see that, you know, there is any need for this to be brought forward and should stay on consent just as -- CHAIRMAN FIALA: Okay. COMMISSIONER HILLER: -- has been proposed. CHAIRMAN FIALA: And, Commissioner Henning? COMMISSIONER HENNING: Yeah. Move to approve the agenda as amended, recommended by the county staff. I just want to say as far as the parking garage ordinance, I agree with the changes. You know, for me to go down to the beach and have to stop by and buy a pack of diapers or an ice cream or something like that is silly for me to have to go back to my car and go to the store when I can just walk across the street; however, I voted no on the ordinance out of respect to my fellow colleagues' request to move it to the regular agenda. So with that, again, my motion is to approve the agenda as amended by county staff. COMMISSIONER TAYLOR: I'll second that. Thank you very much. CHAIRMAN FIALA: Okay. I have a motion and a second. Any further discussion? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. November 15, 2016 Page 19 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: Okay. That's a 5-0. Thank you very much. Proposed Agenda Changes Board of County Commissioners Meeting November 15, 2016 Move Item 17I to Item 9B: Recommendation to adopt an amendment to Ordinance No. • 2010-29, the Collier County Public Parks and Beach Access Parking Ordinance, to clarify its intent as it relates to park and beach users who also wish to visit nearby shopping and restaurants as part of the overall recreational opportunity for that beach or park. (Commissioner Taylor's request) Time Certain Items: Item 11C to be heard at 10:00 a.m., immediately followed by Item 11B 11/29/2016 12:30 PM November 15, 2016 Page 20 Item #2B OCTOBER 11, 2016 - BCC/REGULAR MEETING MINUTES APPROVED AS PRESENTED MR. OCHS: Madam Chair, that takes you to Item 2B, which is approval of the regular BCC meeting minutes from your October 11, 2016, meeting. COMMISSIONER HENNING: Move to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN FIALA: Motion and a second. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay. Moving on. MR. OCHS: Thank you. Item #3A EMPLOYEE SERVICE AWARDS – 20 YEAR ATTENDEES MR. OCHS: Commissioners, we have a number of service awards to present this morning. If you'd be kind enough to join us in front of the dais. Commissioners, we have five employees this morning celebrating 20 years of service with county government. Our first recipient, 20 November 15, 2016 Page 21 years of service with Public Utilities Engineering, is Alicia Abbott. Alicia? (Applause.) MR. OCHS: Celebrating 20 years of service with our Parks and Recreation Division, Carolyn Allyn. Carolyn? (Applause.) MR. OCHS: Celebrating 20 years of service with our Wastewater Division, Richard Graham. Richard? (Applause.) MR. OCHS: Celebrating 20 years of service with EMS, Ken Haberkorn. Ken? (Applause.) MR. OCHS: Our final 20-year service award recipient this morning from our Veterans Services Office, Eddie Hartnack. Eddie? (Applause.) Item #3B EMPLOYEE SERVICE AWARDS – 25 YEAR ATTENDEES MR. OCHS: Commissioners, we have one gentleman today celebrating 25 years of service in county government from our Pollution Control Division, Carl Gibson. Carl? (Applause.) CHAIRMAN FIALA: Looks like you're a popular guy, and tall, too. Item #3C EMPLOYEE SERVICE AWARDS – 30 YEAR ATTENDEES November 15, 2016 Page 22 MR. OCHS: Commissioners, this gentleman's celebrating 30 years of dedicated service to county government from your Wastewater Division. Dale Waller. Dale, good morning. (Applause.) CHAIRMAN FIALA: Thanks for all your service. MR. WALLER: And yours, too. CHAIRMAN FIALA: Before you go back to your seats I have a little something to read also. To Tom Henning, in the year 2000, Tom was -- MR. OCHS: Commissioner, excuse me. CHAIRMAN FIALA: I'm sorry. Oh, gee. I always tell other people to do that. I didn't think I would have to. In the year 2000, Tom Henning was elected to the Board of County Commissioners as the commissioner representing District 3, and he was subsequently reelected in 2004, 2008, 2012, and for a total of 16 years of service on the Board of County Commissioners. We thank him tremendously. Tom served as the chair of the Board of County Commissioners in the year 2005 -- or I'm sorry, 2003 and 2014, chair of the TDC, in 2008 -- I'm sorry -- two thousand -- I should put my glasses on, you know that. I'm trying to read with these eyes but no glasses. And I'm getting the numbers mixed up. Anyway, I wanted to surprise you so you didn't know that I was going to be doing this. In the TDC -- let's see. He's been chair of TDC in 2003 and 2008 and as a council member on the TDC in 2012 and 2013. Tom is not leaving public service. He was recently elected as the commissioner on the Greater Naples Fire Rescue District Board, and we look forward to working with him as he serves the community in that capacity. We extend our heartfelt best wishes to Tom and his children, Paul, Austin, and Bay. November 15, 2016 Page 23 (Applause.) MR. OCHS: Commissioner, Madam Chair, you want to read the inscription on the plaque. I think it -- CHAIRMAN FIALA: Oh, yes. Thank you. In recognition and appreciation for 16 years of dedicated service on the Board of County Commissioners of Collier County, Florida, USA, November 15th, 2016. COMMISSIONER HENNING: Thank you. (Applause.) CHAIRMAN FIALA: And you're not getting away without me reading something to you, too. Georgia Hiller was elected in the year 2010 to the Board of County Commissioners, the commissioner representing District 2, and she was reelected in 2014. Georgia served as chair of the TDC in 2011 and chair of the Board of County Commissioners in 2013. In 2016 she chose not to seek re-election for another term of the Board, instead choosing to serve the community by running for the position of Clerk of Courts. Although we will miss Georgia on the Board of County Commissioners, we know that she will stay actively engaged in the community. We believe that for sure. And we look forward to hearing from her often about her public service projects. We extend our heartfelt best wishes to Georgia and her children, George and Anna. (Applause.) COMMISSIONER HILLER: First of all, I want to tell the community how much I appreciated the honor of having the opportunity to work with you all and to serve you. It has truly been an incredible experience, and I would say I'm sure that Commissioner Henning and Commissioner Nance feel the same way about public service. One thing that you didn't mention that I feel very proud about is November 15, 2016 Page 24 that I was the first ever appointed chair of Economic Development for Collier County, and that for the past three years I've led the economic development initiative. And I have to say with the help of the community and with the support of the Board, the economic development initiatives of the county government have been nothing short of a resounding success. CHAIRMAN FIALA: Thank you. I'm glad you mentioned that. Thank you so much. (Applause.) CHAIRMAN FIALA: And, lastly, you're not getting away from me. This is Commissioner Nance, and Tim was elected to the Board of County Commissioners in 2012 as the commissioner representing District 5. Tim served as the chair of the TDC in 2014 and chair of the Board of County Commissioners in 2015. He chose not to seek re-election in 2016, choosing instead to serve the people of Collier County on a variety of civic and service organizations. We will miss Tim, but he has promised, by the way, to stay involved and work toward the things he's been working on all along. But we'll miss him on the Board of County Commissioners. We know that the entire county will continue to benefit from his hard work and dedication. Where's Gail? Is she in the audience? Come on up here, Gail. The other half of Tim Nance is Gail Nance. He suggests it's the better half; I might even agree, but I think you're both great together; that one can't function without the other. A more beautiful couple I don't think I've ever met. We extend our heartfelt best wishes to Tim and his wife, Gail. (Applause.) CHAIRMAN FIALA: In recognition and appreciation for four years of dedicated service on the Board of County Commissioners of November 15, 2016 Page 25 Collier County, Florida, USA, November 15th, 2016. (Applause.) MR. OCHS: Madam Chair, if we could get a photo of the three commissioners with their awards, that would be fantastic. CHAIRMAN FIALA: Let me just get out of the way here, or do you want me here? MR. OCHS: You can stay. All of the commission. (Applause.) MR. OCHS: Thank you very much. That concludes our service awards this morning. COMMISSIONER HILLER: That was very nice of you, Commissioners Fiala; very thoughtful. CHAIRMAN FIALA: From all of us on staff, we really appreciate all you've done. Thank you. COMMISSIONER HILLER: And we really appreciate having the opportunity to work with you. MR. OCHS: And we look forward to seeing you all at the reception this afternoon following the board meeting, so... CHAIRMAN FIALA: Will they have food? MR. OCHS: Oh, yes, ma'am. There's always food. CHAIRMAN FIALA: Then I'll come. COMMISSIONER TAYLOR: And no alcohol? MR. OCHS: No comment. No comment. Item #4 PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS Item #4A November 15, 2016 Page 26 PROCLAMATION DESIGNATING NOVEMBER 2016 AS NATIONAL HOSPICE AND PALLIATIVE CARE MONTH IN COLLIER COUNTY, AND RECOGNIZING THE PROFESSIONALS, STAFF AND VOLUNTEERS WHO PROVIDE CARE TO PATIENTS UP TO THEIR FINAL MOMENTS. ACCEPTED BY REPRESENTATIVES OF AVOW HOSPICE: JAYSEN ROA, CHUCK HOFFMAN, DANA HALL, PHYLLIS HALL, ANNALISE SMITH, MELISSA PHILLIPS, DEBORAH JONSSON AND MARK BELAND – ADOPTED MR. OCHS: Madam Chair, that moves us to Item 4 on today's agenda, proclamations. Item 4A is a proclamation designating November 2016 as National Hospice and Palliative Care Month in Collier County and recognizing the professionals, staff, and volunteers who provide care to patients up to their final moments. To be accepted by representatives of Avow Hospice; Jaysen Roa, Chuck Hoffman, Dana Hall, Phyllis Hall, Annalise Smith, Melissa Phillips, Betsy Barnes, and Mark Beland. If you'd please step forward and receive your proclamation. Hold on. Where's the proclamation? Who's got the proclamation? Okay. Thank you. CHAIRMAN FIALA: He knows sometimes I forget to give them. That's what he was going for. (Applause.) MR. OCHS: Speak into the microphone and give your name for the record, please. MR. ROA: My name is Jaysen Roa. I'm the President and CEO of Avow Hospice here in Collier County. Madam Chair, Commissioners, staff, thank you very much for recognizing all the hard work that both our staff and volunteers do here in Collier County. We're privileged on a daily basis to serve over 360 Collier County November 15, 2016 Page 27 residents and, on an annual basis, to serve well over 2,000, not only in our Hospice care programs, but also in community bereavement programs, children's programs, and just all the different voluntary activities that our staff and volunteers participate in. So it truly is all our honor, not only of the staff, of the volunteers, to serve the residents of Collier County, and we just really thank you and appreciate you for recognizing the hard work that we do. Thank you very much. (Applause.) Item #4B PROCLAMATION RECOGNIZING THE 50TH ANNIVERSARY OF THE KIWANIS CLUB OF GOLDEN GATE, NAPLES, FLORIDA, CHARTERED ON NOVEMBER 29, 1966, AND CONGRATULATING MEMBERS PAST AND PRESENT FOR PROVIDING SUPPORT TO CHILDREN AND FAMILIES AND MAKING AN IMPACT IN THE COMMUNITY FOR 50 YEARS. ACCEPTED BY REPRESENTATIVES OF THE KIWANIS CLUB OF GOLDEN GATE, NAPLES, FLORIDA: DARYL MATTISON, CAROL FRIES, BILL RICIGLIANO, RENATO FERNANDEZ, JIM TRACY, LT. JEREMIAH CARROLL AND NICOLE CHESSER – ADOPTED CHAIRMAN FIALA: Item 4B is a proclamation recognizing the 50th anniversary of the Kiwanis Club of Golden Gate, Naples, Florida, chartered on November 29, 1966, and congratulating members past and present for providing support to children and families and making an impact in the community for 50 years. To be accepted by representatives of the Kiwanis Club of Golden Gate: Daryl Mattison, Carol Fries, Bill Ricigliano, Renato Fernandez, November 15, 2016 Page 28 Jim Tracy, Lt. Jeremiah Carroll, and Nicole Chesser. If you'd please step forward and receive your proclamation. (Applause.) Item #4C PROCLAMATION DESIGNATING NOVEMBER 18-24 AS FARM-CITY WEEK IN COLLIER COUNTY. ACCEPTED BY JAIME WEISINGER, 2016 CHAIR OF THE FARM-CITY BBQ, AND REPRESENTATIVES OF THE FOUR YOUTH LEADERSHIP DEVELOPMENT PROGRAMS BENEFITING FROM THE PROCEEDS OF THE FARM-CITY BBQ: COLLIER COUNTY 4H ASSOCIATION, YOUTH LEADERSHIP COLLIER, COLLIER COUNTY JUNIOR DEPUTIES LEAGUE, AND KEY CLUB INTERNATIONAL – ADOPTED MR. OCHS: Item 4C is a proclamation designating November 18th through 24th as Farm-City Week in Collier County. To be accepted by Cindy Woolley on behalf of the Farm-City Barbecue Committee and representatives of the four youth leadership development programs benefiting from the proceeds of the Farm-City Barbecue: Collier County 4H Association; Youth Leadership Collier; Collier County Junior Deputies League; and Key Club International. If you'd please step forward and receive your proclamation. Good morning. (Applause.) COMMISSIONER TAYLOR: John? In the front row, John. You know better than that. (Applause.) MS. WOOLLEY: Good morning, Commissioners. For the record, my name is Cindy Woolley, and I'm the Manager of the November 15, 2016 Page 29 Farm-City Barbecue of Collier County. Our chair, Jaime Weisinger, sends his regrets, but he's out of town at a planning meeting for Litman Family Produce. Over the planning process, we've had meetings with key partners, and during a lunch with Bill Barker from Naples Daily News, we spoke about how events like the Farm-City Barbecue start, 61 years ago, by passionate people, and they evolve through the years to meet the growing needs of the community but remain the true heart of what brings people together. Now, Commissioners Fiala, you mentioned I've been on this committee for a while and, truly, it's been longer than my daughter has been -- since before my daughter was born, and now she'll be volunteering for the second time this year. Our grill master, Bart Zino, who was also up there, all three of his sons went through and have volunteered and earned credits and earned their high school volunteer hours at the Farm-City Barbecue. We couldn't do it without dedicated volunteers throughout the years. We know of third and fourth generation volunteers passionate about bringing the farming and business community leaders together. So if our goal is to raise awareness about the farming community, why are we at the Seminole Casino, Immokalee? Well, there's two simple facts about that. First, we've far outgrown the packinghouses of Immokalee. They just don't have enough room to hold 2,000-plus people and, second, the casino highlights another attraction and another face of Immokalee that's overlooked, and they give back to the community as well. We'll have several special surprises this year, including spices and sauces donated by Taste of Immokalee, a program that's mentoring the students of Immokalee to be business leaders and to take and innovate and grow into productive members of the community. But proceeds from the barbecue will still continue to benefit our November 15, 2016 Page 30 four key benefactors, which is 4H, Youth Leadership Collier, Junior Deputies, and the Key Clubs of Collier County. Thank you again to our long-time cattle-bearing sponsors which include Waste Management, Barren Collier Companies, Litman, Shula's Steakhouse, Arthrex, Collier Enterprises, Naples Lumber, First Florida Integrity Bank, Naples Daily News, D'Latino's, and Life and Naples Magazine, and thank you, Commissioners, for your continued support of the Farm-City Barbecue. CHAIRMAN FIALA: And for your continued volunteerism. Every single year you're there and making sure everything's running smoothly. Thank you to all of you. It's a great opportunity for all of us in the community to get together with all the farmers. (Applause.) Item #4D PROCLAMATION RECOGNIZING THE BIG CYPRESS NATIONAL PRESERVE FOR EARNING A SILVER - TIER DARK SKY PLACE DESIGNATION BY THE INTERNATIONAL DARK SKY ASSOCIATION WHICH DISTINGUISHES THE PRESERVE FOR HAVING GOOD QUALITY NIGHT SKIES AND EXEMPLARY NIGHTTIME LIGHTSCAPES WITH MINOR IMPACTS FROM LIGHT POLLUTION. ACCEPTING THE PROCLAMATION FROM THE BIG CYPRESS NATIONAL PRESERVE ARE TAMARA WHITTINGTON, SUPERINTENDENT; J. D. LEE, DEPUTY SUPERINTENDENT; DENNIS BARTALINO, CHIEF OF FACILITIES; CHRISTINE CLARK, MANAGEMENT ASSISTANT; AND LUKE GOMMERMANN, PARK RANGER – ADOPTED MR. OCHS: Item 4D is a proclamation recognized the Big November 15, 2016 Page 31 Cypress National Preserve for earning a Silver-Tier Dark Sky Place designation by the International Dark-Sky Association which distinguishes the preserve for having good quality night skies and exemplary nighttime lightscapes with minor impacts from light pollution. Accepting the proclamation from the Big Cypress National Preserve are Tamara Whittington, Superintendent; J.D. Lee, Department Superintendent; Dennis Bartalino, Chief of Facilities; Christine Clark, Management Assistant; and Luke Gommermann, Park Ranger. If you'd please step forward and receive your proclamation. (Applause.) CHAIRMAN FIALA: Commissioner Nance, would you like to say a little something? COMMISSIONER NANCE: Let's let them have a photo op first. CHAIRMAN FIALA: Okay. (Applause.) MS. WHITTINGTON: Well, good morning, everybody, and thank you very much to the commission and to -- especially to Commissioner Nance for recognizing Big Cypress here today. We're very excited about this and very glad to be here. I want to quickly introduce the staff that you mentioned, because everybody played a huge role at Big Cypress. J.D. Lee, our Deputy Superintendent; Christine Clark, Management Assistant; and Luke Gommermann. The reason I wanted to point these folks out, this was a four-year process to get us to where we are now. This all started in the winter of 2012 when our seasonal ranger, Luke Gommermann, he discovered a telescope in a storage room. That's the guy there. He held our first evening night sky program in January of 2013, and we have since held 34 interpretive programs on night sky topics at indoor and outdoor venues to over 2,200 visitors. That's huge. We set our sights on the IDA certification in March of 2'13 once November 15, 2016 Page 32 we heard of IDA's mission, is to preserve and protect the night sky environment and our heritage of dark skies through environmentally responsible outdoor lighting, something that's very near and dear to all of our hearts. Luke got us started on this multi-year endeavor, and with the support of J.D. Lee, it's 2016, and we now have the certification. In the months that followed after Luke got us started, we began preparing what we called Big Cypress's outdoor lighting management plan. This was a long endeavor itself; document that specifies when and where outdoor lighting is necessary and, if deemed necessary, the guidelines regarding night-sky friendly practices, including shielding, the use of motion sensors and timers, and the use of appropriate lighting levels such as light, color, and intensity. To qualify as a dark sky park, 67 percent of exiting lighting was required to be night-sky friendly. That's a lot. Thanks to our chief of maintenance, Dennis Bartalino, who could not be with us today, we removed 65 lights and retrofitted 54 lights to reach a current compliance level of 85.6, and we have a commitment to reach 100 percent compliance within the next 10 years. We also held meetings with our private landowners and others with leased lands throughout the preserve, as well as with our two federally recognized tribes. A lot of work went into that, and thanks to Christine Clark for her role in that part of it. We finally, in October of 2016, received the certification as an International Dark Sky park, and that's why we're here today. We now look forward to working with nearby municipalities to develop outdoor lighting guidelines that further minimize light pollution across South Florida. Again, many thanks to the staff of Big Cypress and to you all for recognizing us through this proclamation today. Thank you. November 15, 2016 Page 33 (Applause.) CHAIRMAN FIALA: Don't you have, like, 729,000 acres in the Big Cypress? Yes, I think people ought to know that that's 729,000 acres in preservation forever, and that's a wonderful, wonderful acclamation to you as you watch it, preserve it, care for it, and now the Dark Skies program. Great. MS. WHITTINGTON: Thank you. COMMISSIONER NANCE: Yes. I am very, very excited. The Big Cypress National Preserve has a wonderful staff in Superintendent Whittington who has joined us recently, and under her leadership and the leadership of Deputy Superintendent Lee, I think one of the most magnificent wild lands that we have in the United States is being managed in a wonderful, wonderful way. And the Big Cypress National Preserve during my time here on the Board celebrated its 40th anniversary, and very few people know that that over 700,000 acres that was put into preservation was the first national preserve in the nation, and it's a wonderful accomplishment to our other state parks, areas in preservation and, of course, the Everglades National Park, which is right there as well. So between all these lands in preservation, Collier County currently has over 78 percent of its land mass in conservation, public ownership, or otherwise protected from development in perpetuity. What a wonderful, wonderful thing. To put 700-plus thousand acres in perspective, for those of you that have visited the Great Smoky Mountains National Park, which I imagine many of you have, to our north, Great Smoky Mountains National Park, which seems like one of the most vast areas you could ever gaze upon, is only 500,000 acres. So the Big Cypress National Preserve is almost 50 percent wider of some of our greatest wetlands and wildlands. So congratulations to everybody's effort to do this, and thank you for safeguarding and managing a wonderful asset to Collier County, November 15, 2016 Page 34 the state, and the nation. Thank you so much. (Applause.) MR. OCHS: Commissioners, if I could get a motion to approve today's proclamations, please. COMMISSIONER TAYLOR: So moved. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: All in favor? COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed? (No response.) CHAIRMAN FIALA: Done. MR. OCHS: Madam Chair, we have a 10 a.m. time-certain, but I would recommend we get through our presentation items. The 10 a.m. can wait a few minutes. CHAIRMAN FIALA: Yeah. We've got a bunch of people just standing there. MR. OCHS: Yes, ma'am. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR NOVEMBER 2016 TO WHOLE FOODS NAPLES. ACCEPTED BY LAURIN KOCHER, MARKETING FIELD ASSOCIATE, WHOLE FOODS NAPLES; SUSAN KUHAR, ACCOUNT EXECUTIVE, GREATER NAPLES CHAMBER OF COMMERCE; AND BETHANY SAWYER, November 15, 2016 Page 35 MEMBERSHIP ENGAGEMENT SPECIALIST, GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: Item 5A is a presentation of the Collier County Business of the Month for November 2016 to Wholefoods Naples. To be accepted by Laurin Kocher, Marketing Field Associate, Wholefoods Naples; Susan Kuhar, Executive -- Account Executive, Greater Naples Chamber of Commerce; and Bethany Sawyer, Membership Engagement Specialist with the Greater Naples Chamber of Commerce. (Applause.) CHAIRMAN FIALA: Normally we have a plaque, but somehow -- MR. OCHS: Yes, ma'am. There's been a mix-up with the arrival of the plaque, and we apologize. We'll make sure that we get that to the representatives of Wholefoods later today. COMMISSIONER NANCE: It's stuck in the elevator that's out of service. MR. OCHS: Yes. CHAIRMAN FIALA: Yes. Thank you for having a great business. (Applause.) Item #5B RECOGNIZING CLAUDE NESBITT, PROJECT MANAGER, ADMINISTRATIVE SERVICES DEPARTMENT AS THE OCTOBER 2016 EMPLOYEE OF THE MONTH – PRESENTED MR. OCHS: And Item 5B is a recommendation to recognize Claude Nesbitt, Project Manager with the Administrative Services November 15, 2016 Page 36 Department, as the Employee of the Month for October 2016. Claude, if you'd please step forward. (Applause.) CHAIRMAN FIALA: Claude, first, before anything, I want you to look back and see all of those smiling faces who are here for you and, second of all, I bet it would be fun to have a picture of you and then of everybody up here. Thank you, Commissioner Taylor. She suggested that. Everybody come up after his first picture so we can get you all in a picture. How does that sound? MR. NESBITT: Absolutely. CHAIRMAN FIALA: While they're coming... MR. OCHS: Claude, do you have your award? There you go. CHAIRMAN FIALA: Here's a little something for you from us, from all of us in the county. We thank you for all your service. You always have that beautiful smiling face anyway. It's so much fun to talk with you. MR. OCHS: Commissioners, while Claude's getting his photo, let me tell the television audience a little bit more about him. I know everybody in the audience here already knows, present this morning. Claude always has a positive attitude and is willing to tackle any challenge that's thrown his way, and he's always willing to take really tough projects. He's managed some major construction projects, including the sheriff's fleet building, the Gordon River Greenway, the chiller plant expansion, and both the administration building and the courthouse renovations, all with the project estimate value of almost $30 million. While these were important projects, Claude's most memorable accomplishment is the completion of the Freedom Memorial Flag project at the Fred Coyle Freedom Memorial Park. (Applause.) November 15, 2016 Page 37 MR. OCHS: Commissioners, Claude worked on the Freedom Memorial project for more than seven years. You ready, Bill? Congratulations, Claude. (Applause.) COMMISSIONER TAYLOR: Mr. Ochs, I will say again how impressed I am. I know I've been here for two years, but it never ceases to impress me and touch me, the -- brotherhood is the wrong word, but I can't think of any other word to use of your employees, and I think that has a lot to do with your leadership. And I really, really want to thank you. MR. OCHS: Well, ma'am, you're too kind. Really, the credit goes to them. They're exemplary. They make my job easy, trust me. But thank you for those comments. Item #11C RESOLUTION 2016-258/CWS RESOLUTION 2016-02: 1) AUTHORIZING REFUNDING ALL OF THE COLLIER COUNTY STATE REVOLVING FUND (SRF) LOANS TO ACHIEVE DEBT SERVICE SAVINGS; 2) AUTHORIZE ISSUANCE OF A COLLIER COUNTY WATER-SEWER DISTRICT REFUNDING REVENUE NOTE (SUBORDINATE) SERIES 2016, IN AN AMOUNT NOT TO EXCEED $97,000,000; 3) APPROVE FLORIDA COMMUNITY BANK, N.A., AS THE QUALIFIED FINANCIAL INSTITUTION TO PROVIDE A FIXED INTEREST RATE, TAX EXEMPT TERM LOAN TO PROVIDE FOR THE REFUNDING OF THE OUTSTANDING STATE REVOLVING FUND LOANS, AT A LOWER INTEREST RATE; 4) AUTHORIZE THE COUNTY MANAGER OR HIS DESIGNEE TO SIGN FLORIDA COMMUNITY BANK’S PROPOSAL; AND November 15, 2016 Page 38 5) APPOINT THE CLERK OF COURTS AS THE PAYING AGENT AND REGISTRAR – ADOPTED MR. OCHS: Madam Chair, we do have a 10 a.m. time-certain item this morning, if we could proceed to that item. It is Item 11C on this morning's agenda. This is a recommendation in multiple parts to, number one, adopt a resolution authorizing re-funding of all the Collier County State Revolving Fund loans to achieve debt service savings; authorize the issuance of a Collier County Water/Sewer District re-funding revenue note in an amount not to exceed $97 million; approve a Florida community bank as the qualified financial institution to provide the fixed interest rate, and tax exempt terms for the loan to provide for the re-funding of the State Revolving Fund loans, at a lower interest rate; and authorize the County Manager to sign the bank's proposal; and appoint the Clerk of Courts as the paying agent and registrar. Mr. Joe Ballone, your Financial Operations Division Director with the Public Utilities Department, can make the presentation or answer questions from the Board. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: Okay. I have a motion to approve and a second. Any comments from board members? COMMISSIONER NANCE: I have some comments. CHAIRMAN FIALA: Yes, sir. COMMISSIONER NANCE: I would like to thank all the individuals and all the financial branches of the Collier County Government for their steadfast work over a period of time. The entire time I have been here there have been numerous agenda items moved forward where decisions have been made to restructure our debt, to refinance, and to, overall, review our investments and so on and so November 15, 2016 Page 39 forth. This goes to the county staff, the Office of the Clerk of Courts, and everybody involved. I'd like to thank all of those people for just being absolutely resolute in their mission to do that and save the county money. I think this is a tremendous item. Thank you. MR. BALLONE: Thank you, Commissioners. CHAIRMAN FIALA: Thank you. So with that, all in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: And then after, right now, we have approved this, we're going to stop for 15 minutes and do some signing, right? MR. OCHS: No, ma'am. At your morning break we'll go ahead. They're going to wait around till your morning break, and then we'll do the signing, all right. CHAIRMAN FIALA: Okay. All right. COMMISSIONER TAYLOR: And did we vote? CHAIRMAN FIALA: I was just going to take our morning break early, but we don't have to. MR. OCHS: Well, you have an item right after this one that's scheduled for hearing that you wanted to get done before your break. CHAIRMAN FIALA: Okay. COMMISSIONER TAYLOR: And just for the public, by this work -- and it's been hard work -- how much money are we saving? MR. BALLONE: Net present value on this particular deal is $3.9 million, about $365,000 a year that we can dedicate to getting -- you November 15, 2016 Page 40 know, getting into more of our rehabilitation projects rather than debt service. It's a great opportunity. And, again, my thanks to the finance committee, the county's financial advisors, PFM. They're here today; bond counsel; and Crystal and Derek who did a lot of work behind the scenes to provide all the information necessary to get the bank to do this for us. So my thanks. It's a team effort, obviously, and my sincere appreciation to them and to you for your support. Thank you. (Applause.) Item #11B THE ADDITION OF A DEPUTY DIRECTOR-SPORTS TOURISM POSITION FOR THE TOURISM DIVISION WITH A FINDING THAT THIS ACTION PROMOTES TOURISM – APPROVED MR. OCHS: Madam Chair and Commissioners, that moves us to Item 11B on your agenda this morning. This is a recommendation to approve the addition of a deputy director of sports tourism position for the Tourism Division and to make a finding that this action promotes tourism. Mr. Wert, your Tourism Director, will make the presentation. COMMISSIONER HENNING: Move to approve. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: I have a motion to approve and a second. Fine presentation. MR. OCHS: Madam Chair -- do we have registered speakers, Troy? MR. MILLER: Yes, ma'am. We have five registered speakers for this item, Madam Chair. CHAIRMAN FIALA: Oh, do we? November 15, 2016 Page 41 MR. OCHS: We can remind the speakers that if they're in support, they can waive, or if they'd like to speak, certainly they're welcome to speak. MR. MILLER: Okay. Your first speaker is Bill Kramer. He'll be followed by Emilio Sanchez. MR. KRAMER: Good morning, everybody. It's great to be here. I'm just going to say a few words because I waited and because I've got a colleague covering my class right now, so... It's an honor to be in front of you all, and I admire your service. For those who don't know, I'm the head football coach at Naples High School. I also am the only -- for a decade I've been the only high school coach that serves on the public relations committee for the American Football Coaches Association. I'm also on the board of directors for the Florida Athletic Coaches Association which covers all sports, and I've just accepted an appointment to a committee that's going to be an advisory capacity, two coaches in the state that will report and will work with the Florida high school activities association for all sports. So having said all of that -- of course, these are all volunteer positions. Having said all that, I have to say that I am grateful that we're moving forward with this. What I've done with my life's work is use football as a tool to reach young people. I've told them repeatedly that it's way more important than it should be. I think sports in general in our society are way more important than they should be. But the fact remains it is what it is. And I used to think football led that until I had some friends that were Cub fans this year, and now it's a new level. Having said all that, if you were at our football game last Friday night, you got a chance to see however many, 5,000 people, from all walks of life across all political divides and socioeconomic groups joined together to root for our boys or fuss at me. Either way, sports November 15, 2016 Page 42 are what's happening in our society that is good and positive and brings people together. Each Monday I have -- and most of our coaches have their player group come meet at their homes. We have the kids come over. We feed them. And the first thing I have to do is make them throw all their cell phones on a couch so they'll look at each other and have a conversation. Unfortunately, the social media and the culture we've created cause kids to not know how to look each other in the eye and talk. And so we work really hard at that. We work really hard at using this sports tool to get guys to talk to each other and to build relationships and to make real commitments and keep them. And I'm talking to men, okay. So we teach our guys to love the choice we make every time; that it's not a feeling; that a real commitment is to my wife and my kids. That's a real commitment. I keep it forever. That's what we're using football for. That's what sports can be used for. I regret that they're not always used for that. I will leave you with this: My halftime speech is rarely give fussy (sic). I'm not a screamer. I believe in yelling encouragement and whispering correction. So for those moms, when you see me put a hand around them and talking in his ear, you say, oh, Coach Kramer's so sweet. That's probably not a sweet time. I will say this, at halftime when we're down, all that I implore our guys to do is love each other more, to demonstrate to everybody, everybody in that stadium, that we care more for each other than our opponent does. That's all that I ask them to do. And over and over and over they respond, and that's what builds bridges, and that's what brings people together, and that's what can impact change. Not just in our community, but in our country. Thank you. (Applause.) November 15, 2016 Page 43 MR. MILLER: Your next speaker is Emilio Sanchez. He'll be followed by Jim Ludwig. MR. SANCHEZ: Good morning. Thanks for the possibility of talking. And I'm going to introduce myself. I don't like to talk about myself, but I am -- I'm from Spain. I came here four years ago. I used to be a pro tennis player. I done pretty well on my career on the good times with the lenders, Mark and Rosa Melanders (phonetic). I was many years 10 ten in the world, and I won about 65 tennis pro events in my career. But when I finish my career, I found that my jewel -- in Spain I found that it needs academy, where I give the opportunity to the kids to study and play tennis at the same time, following and motivating them to come to the U.S. for a better education and college after, because in Europe you are not able to continue your education if you do -- if you do any sport. So as I was a bit famous in my country, I was able to do some commentating in TV, and I organize events, but I was lucky enough to be elected the president of the Sports Athletes, to represent them with the government when they had to write the newest sports law in Spain. So I know what the sports is about, not only in tennis, but in many other fields. And I think that -- I'm a big believer of sport and a big believer of the sport in a very broad -- in a very broad way. Our students have done pretty well. We have at this moment extra students from the academy, like Grigor Dimitrov, like Juan Monaco that are in the top 20 in the world, but we have one that is doing pretty well that is the number one at the moment, and Dimorie (phonetic) is our best example and our best player on the tour today, and he's our mirror. So -- and that's the motivation for our students. They want to be -- they want to be all number one in the world. But last week we had very successful path. We have students November 15, 2016 Page 44 signing for Alabama, for Florida, for Georgia Tech, for Minnesota, for Notre Dame, and as well for University of Illinois. And those are students; they don't come from Barcelona that we've been doing this 20 years. They come from our -- come here in Naples. We are placed at the old Naples Bath. We are the Sanchez-Casal Academy. We've been here before to try to approve the changes and to be able to have a school for these kids to be able to study because at the end sport educates you in one way, but I think education is the most important tool. And we done a big -- I think a big investment, and we took that property for -- we pay a lot of money, 3.3 million. We make improvement of about 1 million more on that. But I have my time going, so I have to go very fast. We do -- we do events here in our facility for about 2,000 people that we bring a year more than 22 womans (sic). We set the number of more than $18 million. And I just want to say that we see Collier County as a sports hub. We see this place as an incredible opportunity to be in sports center for Southwest Florida being a sports place, and we support any activity that comes through sports. CHAIRMAN FIALA: Thank you. MR. SANCHEZ: And all the funds that you can put -- and we believe this place can have a much bigger impact and better sports area. Thank you. CHAIRMAN FIALA: Thank you. (Applause.) MR. MILLER: Your next speaker is Jim Ludwig. He'll be followed by Don Hunter. MR. LUDWIG: Good morning. For the record, my name is Jim Ludwig, and I'm here to represent the U.S. Open Pickleball November 15, 2016 Page 45 Championships, also the U.S. Open Pickleball Academy and the Pickleball for all of -- non-profit organization, which supports kids and veterans and disability -- people with disabilities. With that being said, I'm here really to support this new position that we're trying to get on for Jack. We need somebody in this position to help support the sports in this group, in this county. This county is ripe right now. And as Mary Shea says, we're raining sports right now. My wife, Carol, and I just came back from Arizona from the national tournament that's been run for eight years now, and there were 825 people playing there. There were probably about maybe 1,200 spectators. We had 12,000 spectators last year. This year we have already signed on 1,200 -- well, I know Terri's listening right now. She's watching this right now. It's actually 1,170 prospective players for this coming year. And we can only imagine what that's going to bring. That being said, we have needed the support of Jack's office right along, and it has been fabulous for two years now, and it's time, where this community is growing, our county is growing, that we bring somebody in to support Jack and make sure that we've got somebody dedicated to the sports world and that we can bring more and more events like the U.S. Open into Collier County to bring the funds in, as we did in -- correct me if I'm wrong, Jack, somewhere around two and a half, $3 million, in a one-week period that we brought into Collier County. MR. WERT: Correct. MR. LUDWIG: That being said, I also want to congratulate the commissioners that are going to move on to your next successors, by the way. It has been great working with you, and looking forward to communicating with you in the future. Thank you very much. (Applause.) MR. MILLER: Your next speaker is Don Hunter. He'll be November 15, 2016 Page 46 followed by Mary Shea. MR. HUNTER: Good afternoon. It's an honor to speak to you today. My name is Don Hunter. I'm the Chief Operating Officer for Quail Creek Country Club, and I'm also the General Chairman of the first USGA National Championship to ever be held in Collier County. This will be the fifth national championship. I've done four others in other communities in other states. We have more property dedicated to sports, when you stop to think about it, than just about anything else we do. Sports is actually one of the largest employers in this community. When you look at the greens keepers and the guys that take care of the tennis courts and the athletic directors that are in our community, this is a huge investment. Jack needs this support in this community so that we can take these assets and leverage them for history. History's what's important. When you listen to some of these speakers, we represent national championships which are part of the living record forever. It can be researched on Google. You put in "golf Naples," and we want to see national champion. You put in "tennis Naples," we want to see national championship. Jack cannot do that by himself. He is going to have to have somebody who can coordinate these assets and coordinate all of the services that you provide to the city in order to do a great job for that. We're really looking forward to a yes vote on this initiative, and thank you very much. CHAIRMAN FIALA: Thank you very much. (Applause.) MR. MILLER: Your final speaker is Mary Shea. MS. SHEA: Hello, everybody. My name is Mary Shea, and I'm the director of membership at Quail Creek Country Club, and I'm also the president of the Collier County Sports Council. I've been the president for a few years and an extension of Jack's team. November 15, 2016 Page 47 And I think you've paid attention to the last five -- four speakers, and I just want to emphasize the importance of this position. This position needs to be an executive position. The person, he or she needs to be polished, experienced and, more importantly, strategic. They need to prepare a 12-month marketing plan, five-year marketing plan. And it's growing sports, and like Don said, I hope we go forward with this, because I think the time is definitely now. We need to be better than we are, and we can do so with this position. So thank you for your time, and congratulations to you guys. (Applause.) CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Yes. I think this is an outstanding agenda item, and I think it's -- I think it's very smart on Mr. Wert's part. This certainly -- creating a sports hub in Collier County, I think, is certainly possible, and to do that you need to reach a certain critical mass. And after you reach a certain critical mass, you're going to find that it's like a movement that develops its own energy. So this will be -- this investment and a management and cultivation of this budding sports center that we have in Collier County, which is certainly a very interesting bridge between traditional tourism and economic development, I think, is a wonderful -- I think it's been one of the great surprises that I've had in my time here. So that's why I'm supporting Commissioner Henning's motion. CHAIRMAN FIALA: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: I just wanted to say that we are in such a wonderful place right now in Collier County because folks are coming to us. We're not out there, you know, hanging our flag outside saying, oh, come to us. They're coming to us, and we have to make some serious decisions going forward. The football -- well, it's amateur football itself is a -- well, I think November 15, 2016 Page 48 it's really sports -- amateur sports within the United States of America, I heard a figure, $9 billion enterprise. This is such a win-win because it teaches our children the very serious and important lessons of responsibility and team work and failing and winning and picking themselves up again, and at the same time, it can prepare them for a college -- a career, college entry. So how could we not embrace this? I think our time is now, and I'm very excited about it. One thing I'd like to see if we had any consensus. As we go forward and pick this very, very important position, I would hope -- and, again, I guess this will be up to our staff to decide, and Mr. Ochs, I guess, that we do include the Sports Council as maybe one of the -- like a person on the selection committee because they are -- you know, they are so involved in this and have been involved in this. MR. WERT: And we concur. COMMISSIONER TAYLOR: Okay, good. MR. OCHS: Yes, ma'am. COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: And, Commissioner Hiller? COMMISSIONER HILLER: Leo, did the Cubs win? MR. OCHS: I heard a rumor that they won, yes. COMMISSIONER TAYLOR: But he's not a Cubs fan. MR. OCHS: That's right. I'm a White Sox fan, but -- COMMISSIONER HILLER: White Sox. MR. OCHS: -- but I'm happy for the Cubs. Once every hundred years. COMMISSIONER HILLER: What's the name of that pitcher, Chris Sale? COMMISSIONER TAYLOR: The truth comes out. COMMISSIONER HILLER: I do want to applaud the county's commitment to sports. As you know, I've personally been very November 15, 2016 Page 49 committed and worked very closely with our Tourism Division to promote sports in Collier County. It is absolutely a way of life that we have to commit to and invest in. And notwithstanding that I won't be on the board, you know, in the next months, I hope you don't disregard the opportunities that baseball presents and see what could be done to potentially bring in teams. MR. WERT: Got it. COMMISSIONER HILLER: Not one team. More teams. CHAIRMAN FIALA: Thank you very much. And just let me wrap this up before I call for the vote, and I just want to say, Jack, you have done an outstanding job. I don't think any of us ever -- just five, six years ago ever thought of having a sports tourism department even. I mean, we had tourism, but not sports, and it's just taken off. And it's so much fun to watch, and the excitement and the pride that we all take in our teams or in our youth or in the adult versions of like, for instance, pickleball. Although youth play that, too. I just am thrilled, and I just hope we can support you in every way we can going forward. And with that, I ask for an approval of the motion. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) COMMISSIONER HILLER: And, Leo, for one last time, go Red Sox. (Applause.) November 15, 2016 Page 50 MR. WERT: Madam Chair, if I might just take a second and just really recognize all the folks in the audience who are here in support of this. And we all thank the Board so much for your support and your confidence in us. And we're going to deliver; I can promise you. Everybody raise your hand here in support. How about that. (Applause.) MR. WERT: Lot of different sports; lots of different people all understanding that sports tourism is important to our community. So thanks so much. CHAIRMAN FIALA: Thank you. MR. OCHS: Yes, Commissioners. Again, echoing Jack's comments, I want to thank each and every one of you for your support on this issue and, certainly, all the members of the community that have come out in support. Special thanks to Mary and the Sports Council for their great leadership and support and, finally, to Commissioner Taylor for this past year of her service as chair of the TDC has really lit a fire under this issue and really shown some great leadership on it. Thank you, ma'am. (Applause.) COMMISSIONER TAYLOR: No, sir. No, it's the other way around. They're the ones. I just was there. I could not turn a corner, could not go in a store without discussion about how important sports are -- MR. OCHS: Well, we appreciate your leadership. COMMISSIONER TAYLOR: -- and how exciting what is going on in Jack's department. MR. WERT: Thank you. MR. OCHS: Madam Chair, now it would be appropriate for your 15-minute break so you could execute those documents. CHAIRMAN FIALA: All right. Very good. We'll see you back here at 10:45. Thank you. November 15, 2016 Page 51 MR. OCHS: Thank you. (A brief recess was had, and Commissioner Henning is absent until noted.) MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN FIALA: Take your seats, please. I'm sorry. County Manager? Item #10A 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. (THIS ITEM WAS FIRST HEARD AT THE SEPTEMBER 27, 2016 BCC MEETING AND APPROVED FOR RECONSIDERATION AT THE OCTOBER 11, 2016 BCC MEETING.) - MOTION TO DENY AND DIRECT COUNTY MANAGER AND STAFF TO WORK FURTHER WITH THE DISTRICT AGENCY – APPROVED MR. OCHS: Yes, ma'am. We're moving on now to Item 10A on today's agenda under Board of County Commissioners. This is an item that was originally brought forward by Commissioner Henning on September 27th regarding the Board's agreement from 2002 with the Southwest Florida Water Management District relating to the Picayune Strand State Forest rehydration area and public access to the preserve. November 15, 2016 Page 52 Commissioner Taylor then placed a reconsideration item on the October 11th, 2016, BCC meeting agenda, which was approved, and so the item has been placed back for reconsideration this morning under Item 10A. COMMISSIONER TAYLOR: Thank you. Thank you very much. I'm not sure where Commissioner Henning is. Do we know where he is? Okay. CHAIRMAN FIALA: I don't think he's in the building, is he? MR. OCHS: I don't know, ma'am. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: I know his assistant was trying to find him. COMMISSIONER TAYLOR: Okay. Well, I think the -- first of all, I wanted to publicly, again, thank Commissioner Henning for bringing this up because I think he is, indeed, justified in doing it. There were promises made in 2003, and he was the chairman at the time. And fast forward to 2016, and the area's still under construction, and there's a lot of questions left; however, what I am encouraged by is that the dialogue has started, thanks to Commissioner Henning, and I think -- County Manager Ochs, I think if you could report to the public and also to this Board the meetings you've had and where we're going with it, I think it bodes well for our future outside of the courts. MR. OCHS: Yes, ma'am. On October 21st, the Deputy County Manager and I had a meeting here in this building with Pete Antonacci; he's the Executive Director of the Southwest Florida Water Management District. Rick Barber was there from Big Cypress Basin Board. And we spoke about the agreement. Mr. Antonacci indicated that he had received a call directly from Governor Scott urging him to work with this Board of County November 15, 2016 Page 53 Commissioners to try to optimize public access in that Picayune State Forest rehydration area to the greatest extent practical, however, realizing that, in his words, the primary goal is to rehydrate that area and that he would work with the Board of County Commissioners and the staff moving forward through the restoration project to try to lock in public access to the greatest extent possible doing that primarily through the land management agreement that the district is now in negotiations with the State Department of Forestry. Mr. Antonacci invited a member of my staff to serve on that negotiation. Mr. Wilkison has been engaged in one of those conference calls already and is going to continue to represent my office and, by extension, the Board in those discussions. So that's the extent of our progress since the last time this item was discussed by the Commission. Madam Chair and Commissioner Taylor, David can provide more details of his preliminary discussion with forestry and the district, if you'd like. I put a PowerPoint that was prepared by the district some time ago in your backup information, which I thought was very informative and kind of laid out the path of where they're going as they move through what will be probably another three or four years of project activity until it's completed. And the goal there is to have ample public access at the time that the restoration project is finally complete. That's my report, ma'am. COMMISSIONER TAYLOR: All right. So -- CHAIRMAN FIALA: Well -- COMMISSIONER TAYLOR: -- I mean, I guess the question for this board is, do we allow -- that's the wrong word. Do we support the direction it's taking at this time, or do we ask our attorney to step in as the original motion was? CHAIRMAN FIALA: Well, we don't have any speakers on this subject, do we? November 15, 2016 Page 54 (No response.) CHAIRMAN FIALA: Okay. And let's hear from David, because he spoke with them, and then we'll go to Commissioner Hiller and then Commissioner Nance and see if they want to weigh in on this. MR. WILKISON: Good morning, Commissioners. For the record, David Wilkison, Growth Management Department Head. I just want to let you know, probably about -- it was about two weeks ago I had a conference call with the South Florida Water Management District and also the head of the Division of Forestry for the State of Florida, a gentleman by the name of Jim Karels, and we talked about really the ongoing project that is that restoration of the -- they're calling it the Picayune State Forest. It's adjacent to that. And one of the things that I asked, obviously, during the conversation was our County Attorney had gone out to the state forest and to the south blocks there and had noticed several different things and reported back to you about road closures and what he saw out there. So I asked, you know, for an explanation of those things, and I was furnished this PowerPoint presentation, which we included as part of your package today. And realizing that this is an ongoing construction project. And what they've done is, the areas that were primary access, they've indicated during the construction of several different phases of this project that there are alternative accesses available to the public to get down -- say, for instance, Everglades Boulevard was closed when Jeff went out, our County Attorney went out, and the reason it was closed is because they're working on the Miller pump station project. And the workaround for that is to go down 52nd Avenue and then down Miller, and you can access Stuart Boulevard from there. So the gist, really, of the conversation is that the district and forestry are working on this management plan, and I think we need to really monitor it closely. November 15, 2016 Page 55 And I did ask for better communication, frankly, with our board and our citizens about, you know, this is the road that's closed, here's why it's closed, here's when it will re-open, and here's the work-around in the time being. So very important that they communicate with us those changes and the things that are going on down there so that we understand that and so that our citizens can access those roads and those areas. So moving forward, we're going to continue the dialogue about this management plan, and if you allow me to remain involved in that, in the structuring of that, and realizing that, you know, this project is probably about, as the County Manager said, another four to five years away from being complete. CHAIRMAN FIALA: Thank you, David. Commissioner Hiller? COMMISSIONER HILLER: I really don't see any reason for supporting this motion. You know, I think, David, you've made it clear there are alternative routes. The importance of restoring the sheet flow in Picayune is paramount. It's critical to stormwater management in the county, and that, in turn, is critical to our commitment to protect the public safety against flooding. And it's hard enough trying to figure out how to move water around when Collier County is flat, let alone start introducing, you know, these arguments that an agreement wasn't adhered to where, clearly, impossibility of performance is a valid defense in light of the public safety interest of protecting the community against flooding over the ability to go down one road over another to, for entertainment reasons, observe, you know, a bird in a tree or a gator in a swamp. So I absolutely cannot support the measure that's being taken because it goes against the public's interest, which is public safety first. So I'm going to make a motion to deny 10A, and I hope I have the Board's support, especially in light of the progress that the County November 15, 2016 Page 56 Manager and you, David, are achieving in negotiating for the community. CHAIRMAN FIALA: I have a motion on the floor. COMMISSIONER NANCE: I will second it, but I think we need to further give -- CHAIRMAN FIALA: You're the next speaker anyway, so go ahead. COMMISSIONER NANCE: Oh, okay. Commissioner Hiller, yes, I will second your motion, but I would like to request that you make a friendly amendment -- COMMISSIONER HILLER: Sure. COMMISSIONER NANCE: -- and further direct the County Manager and his staff to engage in an ongoing dialogue with Mr. Antonacci and the staff at the district as the lead agency. But I have some other comments that I'd like to make, too, before we go any further. COMMISSIONER HILLER: Sure. I modify my motion accordingly. COMMISSIONER NANCE: In the past I've spoken about the difficulty of achieving our interest in this regard, and in the past, you know, I have said that -- look, realize that we've got many agencies involved with this. We've got the U.S. Army Corps of Engineers at the federal level, we've got the South Florida Water Management District at the state level, we've got the Florida Forest Service at the management level, and the county. Well, actually, I want to publicly say I was in error. It's even worse than that. The actual owner of the properties in that area is State of Florida DEP. So we actually have three state agencies, one federal agency, and Collier County engaged in this effort, and as all work through each of those agencies has responsibilities for managing and overseeing different regulations and different -- and different November 15, 2016 Page 57 management goals, you know. And with our agreement, the right-of-ways for the roads in question were assigned to South Florida Water Management District who, I believe, in turn, assigned them to FDEP for those areas below their water management efforts. So it is a very complicated agreement. And, you know, we're -- the public access element is -- the commitment for that is after the conclusion of the management arrangements and design is complete, which is, I think, many years down the road. I think funding for all of these things is a major -- is a major factor of it. The Florida Forest Service, who's actually assigned the responsibility for managing these lands regarding public access and the use of the citizens in their public lands which they've purchased, actually has very, very few funds to do so. They are suffering under pretty much an unfunded mandate for their section. So everybody's struggling in how this is going to work. And, you know, that said, I think it's certainly going to be resolved because everybody wants to achieve the same thing. Everybody wants to do comprehensive watershed management. Everybody wants to see environmental restoration. Everybody wants to see the citizens be able to use it to the extent it's compatible with all those primary goals that I just mentioned. So I think rather than pursue premature legal action, I certainly support Commissioner Hiller's motion. I believe we just need to engage in ongoing discussions with the district and hope the district can help provide the center and the nexus for the discussions that are necessary with all these other ancillary groups, and I can imagine the difficulty of doing that. But I think the Water Management District, since they are managing the water rehydration effort and the major infrastructure commitment that's been made for the restoration of the western November 15, 2016 Page 58 Everglades, is certainly the one that's appropriate to lead our efforts and the ones we should talk to first and foremost. So those are my comments. It's a tough one, but I just believe that this action that we adopted previously was premature and out of our sincere wishes to see the citizens be able to use the property. I don't think we -- I think we're jumping ahead a little bit too quickly. CHAIRMAN FIALA: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: Well, with the indulgence of my colleagues, I think it would be advantageous to have a short presentation of the slide -- the slide -- it's not a slide show. Excuse me. But the -- COMMISSIONER NANCE: PowerPoint. COMMISSIONER TAYLOR: PowerPoint. Thank you so much -- because I think there is a concept that everything is closed to the public. And I think if we go through it -- not in the detail, perhaps, that we might want to go through -- we could do that on our own, but I think it would important for the public to understand what is open, what is available for them right now. CHAIRMAN FIALA: And that there are no homes -- that cannot reach their homes. There's no homes in that area. COMMISSIONER TAYLOR: That's right. COMMISSIONER HILLER: I don't think it's necessary to go through the PowerPoint. I mean, it's right there. It's self-explanatory. You gave us a summary. It's very clear, and it will be available online for anyone who wants to view it. I don't think we need to do a full review of a PowerPoint now. CHAIRMAN FIALA: We can do some of it, because I don't know that the people at home watching it have -- MR. WILKISON: Madam Chair, what I might recommend, the next to last slide is a nice summary both of the project itself plus, really, the progress and where they're at up to date, so I think that may November 15, 2016 Page 59 be a good one to review. COMMISSIONER HILLER: That's fine. I mean, just not the whole thing because it's not necessary. COMMISSIONER TAYLOR: Current recreational opportunities. MR. WILKISON: And that's what it explains. It really explains the recreational opportunities that are available to the general public. And, you know, as you can see, it's -- the Strand's forest is open to the general public, and all the areas east of Fakaunion Canal west of Miller Canal and South of Stuart Boulevard. Berson Avenue, which is also 52nd Avenue, Miller Boulevard and Stuart Boulevard are open to licensed vehicles as road conditions allow. The wildlife management area where they actually have active hunting is open east of the Fakaunion Canal, and then they do allow non-motorized use of the levies. When we're talking about those levies, you know, they built those massive pump stations out there, and the pump stations pump into these big basins, and there are levies around those that control the flow as it heads south, so they do allow access to those and there -- you know, if you haven't seen those, they're pretty incredible bird rookeries out there during the years when there's water sitting there. And then -- and, importantly, and what I talked about before, Everglades Boulevard is currently closed, and it's going to be closed during the construction of the Miller pump station. They anticipated opening it back up in the fall of 2018, and alternative route, really, is down Berson or 52nd Avenue to Miller Boulevard, then down to Stuart Boulevard. And I think that's, you know, the really important salient points, really, of Ms. Starnes' presentation from the Water Management District. COMMISSIONER TAYLOR: Thank you. November 15, 2016 Page 60 COMMISSIONER NANCE: Mr. Wilkison, I would tell you that from my personal experience of being in South Florida from -- as a very young boy, that the farther south you got from the current alignment of Alligator Alley back into the late '60s was very, very deep in water. If you travel down Miller or try to be on Stuart Boulevard, you were talking -- you weren't just talking about a little bit of water over the road. You're talking about two or three feet over the road depending on the circumstances, and that's traditionally been the circumstance. Now, whether that's going to substantially change -- I mean, it's a naturally wet area and, of course, it was exacerbated by the water flow system at the time. Where it's going to end up with -- you know, with having a managed system, I don't know, but people should not expect that during the summer months that's dry. It's never been dry in my lifetime. I will say one thing, and I hope staff will look into this. It would be very nice if somebody looked into the Jane Scenic Drive segment and make sure that it's at least passable with some vehicles down there, maybe not from -- accessible from the north, but maybe accessible, you know, from Copeland -- MR. WILKISON: Right. COMMISSIONER NANCE: -- that people could drive up through there at least during the dry season while things are under construction, because that's actually one of the most beautiful segments of it; if people want to go out there and see the historical area that was logged out and so on and so forth, that's a wonderful trip. But I know that there's been a reduced maintenance budget for taking care of that road, and it has gotten very, very difficult to go down. It used to be you could drive down there in the dry season with a non-four-wheel-drive vehicle, and I know as a matter of fact that it's November 15, 2016 Page 61 not passible now. So if you could look into that, that might be something that would -- that nobody would object to. MR. WILKISON: We'd be happy to, sir. COMMISSIONER NANCE: Thank you. COMMISSIONER TAYLOR: Is it -- would it be too -- this would require coordination, and perhaps that's not going to be right now, but at some point it would be great to post what roads are open to vehicles, what roads are not open to, like, trucks or four-wheel drive. I guess non -- four-wheel drive, it's available -- it's not available. Swamp buggies you can get there. Forget about anything -- that kind of thing. So going forward that may be something that you wanted to discuss with -- as we're moving towards opening this more to the public. MR. WILKISON: Right. And that's one of the things when we spoke that I asked that -- even the signage that Jeff encountered when he was out taking his trip to -- you know, closed to public access was pretty minor signage, honestly, that I felt -- it just needs to be a little bit bigger and clearer and communicated to us so that we can, in turn, communicate to our citizens. COMMISSIONER TAYLOR: Good. CHAIRMAN FIALA: Okay. So we have a motion on the floor and a second. We have no other comments, no other speakers. All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: (Absent.) CHAIRMAN FIALA: And opposed, like sign. November 15, 2016 Page 62 (No response.) CHAIRMAN FIALA: Very good. Moving on. MR. WILKISON: Thank you, Commissioners. Item #10B DIRECTING STAFF TO PROVIDE THE BOARD WITH INFORMATION, OPTIONS, AND RECOMMENDATIONS TO IMPROVE WILDFIRE MITIGATION IN THE RURAL RESIDENTIAL AREAS OF COLLIER COUNTY SUCH AS GOLDEN GATE ESTATES, THE CORKSCREW COMMUNITY, AND SIMILAR AREAS – APPROVED MR. OCHS: Moving on to Item 10B, and this is a recommendation to direct the staff to provide the Board with information, options, and recommendations to improve wildfire mitigation in the rural residential areas of the county, and Commissioner Nance has placed this item on the agenda. COMMISSIONER NANCE: Yes. Commissioners, thank you for letting me speak on this topic. This is an item that I wanted to bring forward during my term. I regret it's been so late in my term, the last meeting, as a matter of fact, but there are actually things that have been going on, on this topic for the entire time I've been in office, and good things. And I want to just bring you up to date with those a little bit. Golden Gate Estates is zoned agricultural and, of course, it's one of the areas that's being restudied for growth management and, of course, there's a lot of consideration and benefit that's been recognized in recent years regarding Golden Gate Estates as a low density area, area that can provide a watershed for the central part of the county, an area that is, you know, worthy of restoration to the Golden Gate November 15, 2016 Page 63 watershed restoration project and is essential to protecting our municipal water well. That said, the buildout of Golden Gate Estates, if it does stay in that, even if it stays low density, it is very, very subjected to risk of wildfires and windblown fire events, particularly in the dry season. There is very little that can be done with wildfire once it gets out of control. So as with most other things where an ounce of prevention is worth a pound of cure, I've been working with the fire districts and Florida Forest Service who are the two agencies that are required with basically managing fire as we know to talk about what could be done in the Golden Gate Estates area and similar adjacent woodlands residential areas. This agenda item is just a recommendation to allow staff to bring back information for the consideration of the further board, but I just wanted to set -- kind of outline the situation as it currently exists. The Florida Forest Service is one of the few agencies that's done mitigation to try to prevent wildfires from getting extreme; in other words, one of the things they've done is they've worked with prescribed burning and the development of firebreak system in areas like Golden Gate Estates, and the Caloosahatchee Forest Center in Fort Myers actually does that for Collier County, Lee County, and Hendry County. The biggest problem that they have is funding. They simply don't have enough funding to do very much. The Collier, Hendry, and Lee report, the 2016 Wildfire Mitigation Plan, goes and it talks about the different things they can do, the different projects they have funded, for example, but let me give you an example of what they did in Collier County for the year 2014. The extent of the funding that they had available was to do a controlled burn on 61 acres. Golden Gate Estates is 90,000 acres of agricultural residential property. You can't do anything significant with 8- or 10- or $12,000 doing very small areas of mowing and November 15, 2016 Page 64 prescribed burns, which is basically the treatment type that they're limited to. They're limited by funds. So one of the things that I suggested that the future board might consider is a focused MSTU for people that live in that area. If residents in the 90,000-acre Golden Gate Estates, for example, paid a dollar a year on each acre that they owned, we could have a dedicated fund to do firebreak maintenance and creation and prescribed burns, things that would be significant out there across a 90,000-acre area. I certainly don't ever want to live to see a windblown fire event like we have in the western United States. I'm sure you've seen those on the news over and over and over again. I'm here to tell you Gail and I have lived out there our whole lives. We have seen this occur, and we have seen Golden Gate Estates homes escape, narrowly, year after year after year. We've had a couple of events where we've lost a couple of homes but, I mean, this is a circumstance that if we don't dedicate some resources to it, I fear we could lose 2- or 300 homes in an afternoon. Windblown fire is the most terrifying thing that you can be around. I wasn't used to it until I got directly exposed to it and personally experienced what windblown fire is like. Right before we built our home, Gail and I had a fire that went across our property, and the flames were 100 feet tall. It was a crown fire in pine trees that were 80 feet tall. That is like -- it seems like a Holocaust to you. When we walked our property after that, the only thing that was present was a white, fine, powdery ash. It looked like a nuclear bomb had gone off there. Had our home been there at the time, it would have been completely incinerated. So, you know, to do this in a comprehensive way, I believe that county staff, led by Mr. Summers and others, the Florida Forest Service, and the independent districts can work together and come up with a plan, but I think that some sort of funding mechanism to help November 15, 2016 Page 65 the agencies that are underfunded -- the same agency we're looking at for public access in the Picayune is the same one that's the only one that can do a little something for us, and it's just simply inadequate. (Commissioner Henning is now present in the boardroom.) I don't want to come back later and see anybody in a finger-pointing, you know, situation where they have to say, oh, gee, we really should have done something and didn't think about it. The second thing is the one thing that the fire districts have asked for and we have done some work on. In 2013 everybody worked together on a project called the rural water supply project, and Big Corkscrew Island Fire District at that time was the lead agency, and what they did is they worked together with the county to try to define where they most need access to water, because after the fire started and they're trying to control it or direct it a little bit as best as they can, the one thing that they're short of is sources of water. So what they did was they worked together with Dr. George to talk to about where are the water lines, where can we tap into raw water lines, where are water supplies and sources to do that? This was started in 2013. I don't know how far it got, but I think it's time to look at it again and make sure we are doing absolutely everything that we can. So this item is just an open-ended item that I hope the board will support to allow staff to look into it and come back with some information and options to see what can be done and what the communities might support as a funding mechanism. Thank you. CHAIRMAN FIALA: Okay. So -- COMMISSIONER HILLER: So motion to approve. CHAIRMAN FIALA: Pardon me? COMMISSIONER HILLER: Motion to approve. COMMISSIONER NANCE: Thank you, Commissioner. I will November 15, 2016 Page 66 second it. CHAIRMAN FIALA: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: Yeah. I think that -- if the motion is to direct staff to explore a funding mechanism, I would heartily support it. CHAIRMAN FIALA: Okay, good. We have a motion on the floor, a second, no speakers that are waiting to mention anything. So all in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay. That's a 5-0. Thank you. Item #11A AN OVERVIEW OF THE PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM AND DIRECT THE COUNTY MANAGER TO DEVELOP A RESOLUTION FOR FURTHER CONSIDERATION THAT ADOPTS A THIRD-PARTY ADMINISTERED PACE PROGRAM FOR RESIDENTIAL AND COMMERCIAL PROPERTIES - MOTION TO BRING BACK FOR FURTHER CONSIDERATION AT A FUTURE BCC MEETING – APPROVED MR. OCHS: Madam Chair, that takes you to Item 11A. This is a recommendation to provide an overview of the Property Assessed Clean Energy program and direct the County Manager to develop a November 15, 2016 Page 67 resolution for further consideration that adopts a third-party administered PACE program for residential and commercial properties. Gino Santabarbara, your Principal Planner in your Capital Projects Division, will make the presentation. MR. SANTABARBARA: Good morning, Commissioners. Gino Santabarbara, Principal Planner with the Growth Management Department. So I'm going to go ahead and just dive right into the PowerPoint. So the Property Assessed Clean Energy program, better known as PACE, was enabled by our Florida State legislature in 2010 by passing Florida Statute 163.08 in an effort to promote energy efficiency and conservation, renewable energy, and wind resistance and hardening measures. The PACE program is a voluntary program where both commercial and residential property owners have the ability to utilize and access an alternate source of funding to complete improvements through the PACE program, and those obligations are then repaid as a non-ad valorem tax assessment placed on their property taxes. That repayment obligation can also be potentially transferred to the next owner and remain with the property rather than the individual. So not all improvements qualify under the PACE program. They have to be within the statutorily permitted categories that you see listed here. I have listed the most prevalent improvements that you've seen within the state of Florida. So under energy efficiency and conservation, we've seen the installation of efficient HVAC systems, window replacements, solar panels under renewable energy, and storm shutters and gable end bracings on their roofs for wind resistance and hardening measures. So some of the key components of the PACE program is that a formal agreement and partnership with the Tax Collector's Office and November 15, 2016 Page 68 the Property Appraiser's Office must occur and also contractors that are going to be doing the improvements must be registered and certified with the program. And property owners, both commercial and residential property owners, must be willing and able to participate in the program if they wish to see the program be successful. So there are eligibility requirements for the program. If someone wants to apply for the program, these are the criteria that they would have to abide to: The property taxes must be current and can have no delinquencies within the last three years; there could be no involuntary liens on the property; and if there's a mortgage on the property, it must be current; and the PACE assessment cannot exceed 20 percent of the market value of that property. So in the past the PACE program has faced a lot of opposition and obstacles and legal challenges, and many of those have been resolved since 2010. And this program was actually presented to the Board of County Commissioners in 2010, and it was moving forward until the legal challenges did come about and basically put the program on hold, not only in the state of Florida, but pretty much across the United States. Since then a lot of decisions through the Court system have occurred, and one of the most important ones was the Florida Supreme Court to uphold the constitutionality of Statute 163.08 and the local government's authority to issue bonds to finance those improvements through the program. The lien status. One of the important elements of the PACE program and makes it unique is that the PACE assessments take seniority over a normal traditional lien or mortgage on a property, and they have priority over those preexisting mortgages, and that essentially puts this PACE assessment on par with taxes. It's important to note that if there's new mortgages, lending institutions still may require a PACE lien to be paid off prior to a November 15, 2016 Page 69 closing or refinancing of a structure. So the PACE program has been gaining ground since that Supreme Court decision, and here are the reasons that we believe that the PACE program is gaining ground in the state of Florida and across the U.S. It does provide benefits in reducing energy consumption, it also stimulates the local economy and creates jobs. We've been -- staff has been receiving calls from contractors and manufacturers that do want to see the PACE program go forward because they believe it can assist their business and help create jobs for their businesses. It provides 100 percent upfront financing and up to a term of 30 years, depending on the type of improvement that actually gets performed on the structure. There are interest rates and fees associated with that long-term financing, the possible insurance premium reductions and reductions in energy bills. So the PACE program can be administered in one of two ways. There's a county administrative model, kind of an in-house administrative process where basically the county would take on the role and responsibility of the administrative requirements, the budget impacts, and the staffing and resourcing all handled within the county. We really don't see that model being implemented too much any longer. The last one I've seen was in 2012. The most prevalent model is really the third-party model where you basically join an existing district and allow a third-party administrator to come in and implement and administer the program, and it's probably the most prevalent because of the fact that there's little to no cost to the county, and the burden gets put onto the third-party administrators and the programs that wish to operate within Collier County. So I have listed here the most active programs within the state of Florida. We've been in contact with all of these providers, and they've been reaching out to us for a really long time now, but they are actually here. They wish to speak on this item, and they do -- we have been November 15, 2016 Page 70 working with them as well as other surrounding jurisdictions to determine whether -- what other communities are doing as well. So, in summary, I just listed some of the key points of the program. The program is voluntary. Many of the major concerns have been overcome since 2010. The PACE program cannot operate unless the county passes an enabling ordinance or resolution, and the collection of the PACE assessment is made through a non-ad valorem tax assessment on their property tax bills, and the Board of County Commissioners has the ability to end the program if they don't think that it's appropriate for Collier County or are going in a direction that they wish to see it going in. And that concludes my presentation. Jamie and I are both here for questions. And, again, there are some of the program providers here that do wish to speak on the item as well. MR. OCHS: I believe we have four registered. MR. MILLER: Yes, sir. Your first registered speaker is Kelly Anderson. She'll be followed by Mike Antheil. MS. ANDERSON: Good morning, everyone. Kelly from Plug Smart. Rich sends his best but, unfortunately, he couldn't make it this morning. But I just wanted to speak briefly about this. Plug Smart takes a different approach and if you see -- CHAIRMAN FIALA: Can you speak into the microphone. MS. ANDERSON: Sorry. If you will look at the documentation that was handed out to you, we focus more on commercial and industrial and not residential. It's much more beneficial. So when you do have a moment, please read through the documents that were handed out to you. And Rich's contact information is on the cover letter. Should you have any questions, he can speak to you much more in-depth regarding the benefits of the PACE program. We do a lot of the development in Ohio, and we are now branching out into Southwest Florida. November 15, 2016 Page 71 Thank you. MR. MILLER: Your next speaker is Mike Antheil. He'll be followed by Devesh Nirmul. MR. ANTHEIL: Okay. Antheil. That's okay. Madam Chair and Members of the Commission, thank you for the opportunity. My name is Mike Antheil. The company I'm with is called Renovate America. We administer the Hero PACE program. We are -- we have financed about 70,000 PACE projects across the country, the vast majority of them being residential PACE projects. Commercial is a fantastic aspect of PACE but, ultimately, this is product that will benefit the homeowners that live, you know, here in Collier County. We've done about $2 billion in funding across the United States. We've got approval for $2 billion that we're looking to fund here in Florida. You will see today that there are kind of competitors, if you will, that are here. There are different companies, but the fact that we're all here, working together, essentially, to get this program in place is something that should bode well for, you know, the positive aspect of PACE. Essentially, it's kind of like having bankers here competing for the business for the people who live here in Collier County. The only point that I'll make, and I know a lot of our folks are here today to make various points. But the only point that I would stress is that one of the things that PACE provides for the homeowners here in Collier County that you simply will not find with any other type of financing, if your air conditioner breaks and it's the middle of July and you have to come up with 5- or $8,000 for a new air conditioner, if you're like most homeowners, you know, reaching into your pocket and pulling out $8000 isn't necessarily -- or $5,000 isn't the easiest thing to do. And if you are like most homeowners, essentially, it's you, it's November 15, 2016 Page 72 Angie's list, it's Craig's list versus the world of contractors, versus the world of what could go wrong or what could go right; am I making the right decision or the wrong decision, so on and so forth. What PACE provides is inherent consumer protections that you simply will not find in any other type of financing. Now, we can certainly go through all those, but in one or two, just in a nutshell, things like pricing controls, things like making sure that the homeowner understands the terms of the financing, actual phone calls, talking to those homeowners, walking them through the financial implications of what's being undertaken; not paying the contractors until the homeowner is fully satisfied with the project so that the contractor isn't taking their money, you know, and disappearing or some of the things you've maybe seen and read about in South Florida in the past. So, ultimately, we are here to grow the local economy. We are here to grow local jobs and put local contractors to work, but we are also making sure that we are putting the right product in front of the right homeowner and that everyone is aware of how the financing works and, you know, this is something that is going to save them money over the long run. And so, like I said, unlike any other form of financing, you'll see consumer protections that, you know, are unparallel to any other form of financing. So congratulations to the Commission for even considering this fantastic program, and we're definitely here to support you and answer questions. COMMISSIONER HILLER: How does the financing tie back to the special assessment that would be levied on the property? MR. ANTHEIL: Well, essentially -- so one of the ways that we say to look at it is the loan, in a way, is more directly tied to the house than it necessary is the consumer or the individual. So basically, you November 15, 2016 Page 73 know, the air conditioner, the scenario that we gave, the air conditioner breaks, the homeowner decides that PACE is the way that they want to finance that. The contractor will come out, they'll say, here's, you know, what your project is going to cost, X, Y, Z, and then the way that the homeowner pays that assessment back is through an additional line item on their standard property taxes. So they pay their property taxes monthly, quarterly, yearly, whatever the case is. There will be an additional line item, and that will serve as the vehicle through which they pay back the assessment for that installation. COMMISSIONER HILLER: As opposed to a conventional mortgage or -- MR. ANTHEIL: As opposed to a conventional -- as opposed to conventional financing, you mean? COMMISSIONER HILLER: Yeah. MR. ANTHEIL: So -- yeah, exactly. I mean, you would -- if you were financing through a manufacturer or through a bank, you know, you would get your statement saying X amount is due at every certain period, and if you are financing the assessment through PACE, your assessments would come due in parallel with your property taxes. COMMISSIONER HILLER: And then the county would remit what they collect by way of the special assessment to you because you're financing it? MR. ANTHEIL: That is correct. That is correct. MR. FRENCH: At a small markup, ma'am. The Tax Collector can charge up to 2 percent. COMMISSIONER HILLER: To administer this? MR. FRENCH: Yes, ma'am. COMMISSIONER HILLER: And -- okay. So in other words, these improvements, these specific type of improvements, essentially, end up on your property tax bill? MR. FRENCH: That is correct, or they would be collected November 15, 2016 Page 74 annually from the Tax Collector versus through conventional financing you would receive a monthly statement, make a monthly payment. COMMISSIONER HILLER: And you would pay the bank or pay whoever is financing? MR. FRENCH: Or credit card, that's correct. CHAIRMAN FIALA: We'll continue on with our speakers now. Thank you. MR. MILLER: Your next speaker is Devesh Nirmul, and to be followed by Jay Neal, excuse me. MR. NIRMUL: Good morning, Commission. This is Devesh Nirmul. I'm with Renew Financial. We are a competitor, as Mike had hinted to. Our financing amount -- our level of assessments is probably over 10,000 assessments getting close to the billion mark in California and Florida. We wrapped up our Florida operation a few months ago. I just want to echo a few points and kind of get into some detail. I know that your staff had provided you some documentation on what this would mean for a typical scenario, commercial and residential. Let me first start to say that, you know, the big differentiator with PACE is there's a public trust, there's a public benefit and a private benefit that accrues through this. We all have pre-certified product lists and services. We can only provide the high-performance windows, efficiency systems, and solar renewable products. And the importance of that is, for example, if your HVAC does break in your home in the middle of the summer, let's just say you need to get the ductwork fixed, you want to go for the high efficiency. What we've found, the research tells us is that typical uptake is 25 percent people that want to do the high efficiency; maybe 60 percent, but only 25 percent of the population does that, adopts the Energy Star certified appliances. And they really do have a payback. So I took a look at what Gino has provided you-all with, what this November 15, 2016 Page 75 would mean for somebody's tax bill, and I was able to calculate with a $30,000 assessment you'd basically have a 70 percent offset of that cost every year through the HVAC and the window upgrade or the door upgrade. So I just want to make this real. This is not just about a cost. It's about a savings that should accrue from insurance reduction premiums -- reduction of premiums or the energy savings. Consumer protections: Everything from pre-certified product list to the contractor management, fair pricing, senior protections, a call that goes out to seniors. It is a major differentiator versus home equity line in credits or credit card. And it's a fixed rate. It's predictable. It's manageable. At the point when a home is salable, in our case there's no prepayment penalty. There's the -- we've had over 100 banks we've done refinancing with. No defaults that have occurred, which is a small amount, have been related to the PACE lien. So I just want to kind of give you an idea of the empirical experience. COMMISSIONER HILLER: What's the rate? MR. NIRMUL: The rates range from 6.75, for a five-year term, up to a little bit -- in our program, up to a little bit over 8 for a 20- to 25-year type of term. COMMISSIONER HILLER: And it's deductible? It's not deductible? So, like, your property taxes are deductible, but these are not deductible? MR. NIRMUL: This is not deductible. CHAIRMAN FIALA: Next speaker? MR. MILLER: Your final speaker on this item is Jay Neal. MR. NEAL: Hello, Madam Chair, Commissioners. It's my pleasure to be here today. My name is Jay Neal. I'm President and CEO of FAIR, the Florida Association for Insurance Reform. We are November 15, 2016 Page 76 not a PACE provider. We came about PACE because we were frustrated by some of the same things I heard here about no funding for fire abatement and for flood, and we had -- constantly we were looking at homeowners who would call us and say, I'm on forced place insurance, which costs four times the regular insurance because I don't have a way to replace my roof. PACE gives that person the ability to do it. We got a call from the Tax Collector Office in Pasco County saying, you know what, we were skeptical, but this was exactly how -- it worked exactly how you guys said. I have a constituent whose insurance bill went down $1,100. Their tax bill went up 300. It's a no-brainer. So in a lot of cases, what we saw is this is an opportunity to help Floridians mitigate. Eighty percent of the PACE projects that have been done in the state of Florida have dealt with wind mitigation, helping harden homes so that after a catastrophic event people have something to come home to. If we get to the point, which concerns me, where we're 10 years with no north storm on this side of the state and people are complacent and they stay in place against our advice, they're going to be safer. And I think that -- oh, I'll also echo that the consumer protections are extensive. There's disclosure. The rates are as low as 5.99 fixed. The terms and conditions, in our view, are much better than a home equity loan, even for the best borrower. And the thing is here it's not based on credit scoring, so everybody -- it's egalitarian. Everybody pays the same rate, gets the same term, and it's only for qualified improvements. I want to say one other thing about the government's role here and why you do this through the taxes. This is -- this was a bill that was championed by what I would leave to as small government conservatives. The then House majority leader, Adam Hasner, and Senator Mike Bennett who's from up the road a little north of here. November 15, 2016 Page 77 And it is a public-private partnership where the public has no cost and no liability. The rest of it's all private. It's funded by private. And so we look at this program as a way for Florida to become more resilient to keep homeowners' insurance rates down. You can take projects and look at the payback period of the homeowner, and if you combine the energy savings with the savings on their wind mitigation credits they get on their property insurance, some people have instant paybacks. Others are three years, others are five years, but that's something that homeowners can look at and have the choice to do when they avail themselves of this program. Thank you so much. CHAIRMAN FIALA: Thank you. Commissioner Henning? COMMISSIONER HENNING: Yeah. The presentation was focused on energy efficiencies, but does this include hardening of homes, the ability to harden homes? Yes. MR. FRENCH: Yes, sir. And for clarification for Terri and on the record, this is Jamie French with the Growth Management Department. It does. As Jay explained, there are only limited improvements that this program will cover, such as replacement of roof, wind hardening, wind mitigation, energy efficiencies. COMMISSIONER HENNING: Window replacement? MR. FRENCH: Window replacement. COMMISSIONER HENNING: Shutters? MR. FRENCH: Shutters. COMMISSIONER HENNING: What happens if the homeowner doesn't pay their assessment or their taxes? Who's on the hook for that? MR. FRENCH: It would go -- it would be recorded as a tax lien, sir. November 15, 2016 Page 78 COMMISSIONER HENNING: And, ultimately, the Board of County Commissioners is responsible for that? MR. FRENCH: The collection of the fee would be administered through the Tax Collector's Office, but the debt as far as the repayment of the debt on that loan, no, sir, there's no -- COMMISSIONER HENNING: Well, if a person doesn't pay their taxes, and we've seen this through the foreclosure crisis, it ends up that local government takes that; is that right, Commissioner Nance? COMMISSIONER NANCE: That's right. COMMISSIONER HENNING: I mean, you know, so there -- Jeff, there is a legal consideration under this. There's the fiscal consideration. MR. KLATZKOW: I think it would be good for the Board to listen to your Tax Collector on this and get his views of this program. COMMISSIONER HENNING: Yeah. Well -- and who's going to monitor if the improvements are going to be done? MR. FRENCH: That would be up to the lender, sir. Under what staff would recommend in the event that you wanted us to bring this back for consideration, that would be our recommendation, to have it be a third-party provider to allow for an open market for competition. Now, in other markets throughout the country, they do have staff that monitors this, but there is a cost that's associated with administering the program to the county. COMMISSIONER HENNING: So the recommendation is to consider bringing it back for a future item? MR. FRENCH: Yes, sir. COMMISSIONER HENNING: Well, I'm okay there. But I think the disclosure that needs to be made to the new board is, you know, who is on the hook if the property taxes are not paid? COMMISSIONER HILLER: Well, you have a lien and you November 15, 2016 Page 79 foreclosure the lien. MR. KLATZKOW: They're assessments. They're not property taxes. They're assessments. COMMISSIONER HENNING: The assessments are a part of the property taxes. MR. KLATZKOW: Yes, and it burdens the property, yes. COMMISSIONER HENNING: It burdens the property; however, if it's not paid -- MR. KLATZKOW: That's right. COMMISSIONER HENNING: -- the county is on the hook for that. COMMISSIONER HILLER: I don't see how. MR. KLATZKOW: Well, no, the county's not on the hook, but the county may be the one enforcing it. COMMISSIONER HILLER: Why? MR. KLATZKOW: Essentially what you're doing here is you're creating a type of home improvement loan but, rather than the conventional home improvement loan, this one uses the government as a means of paying it back through assessments. COMMISSIONER HENNING: Again, I think more information should be given to the future board. That's all. I mean, I'm in favor of moving it forward under the consideration that all the scenarios are given to the new board. CHAIRMAN FIALA: A gentleman here was saying that he has the answer, but I'm afraid as soon as I open that door, everybody's going to want to get up and say -- you know, give their answers, and I'm afraid to go down that road. COMMISSIONER HENNING: And it's a decision of the future board. It's not this board. It's just maybe we should consider it. CHAIRMAN FIALA: We're just bringing it back. Okay. Very good. Commissioner Nance is next. November 15, 2016 Page 80 COMMISSIONER NANCE: Yes. I can support bringing it back to a future board, but I can't imagine that this is a role of government. I can't imagine that this is a role of government to create debt that is superior to a mortgage loan. Look, our local mortgage lenders and people involved in that business lend money predicated on the value of the property and the ability of the loan recipient to pay it back. This is all fine and good that people want to replace their air conditioner, do different things to their roof and so on and so forth, but this certainly puts the mortgage lender in a very awkward position. I can't imagine that the county government would want to do that and get involved with that. That's -- you know, I think this is really something that's -- I support all these things, but I think this is a private sector thing. I can't imagine that the mortgage industry is going to support people going out there -- I mean, where do you draw the line? You can go out there and say, hey, guess what, if I could buy a car that used less gas, I could save money on transportation. You can carry this on as far as you want. This is not in the role of government to presuppose that they should facilitate that at the risk of somebody that's already loaned money. I find that -- I find it very awkward, but I defer to the future board. I think it's completely upside down. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Madam Chair, with your indulgence, Rich Housh just came in the room. He's a -- pretty much of an expert, at least with commercial PACE. It might be advantageous just to hear from him right now. I understand -- COMMISSIONER HENNING: I'm sure he's in favor of it. I'm going to make a motion to approve. CHAIRMAN FIALA: Okay. I have a motion to approve. Do we November 15, 2016 Page 81 hear a second? COMMISSIONER TAYLOR: I'll second it. CHAIRMAN FIALA: Okay. We have a second. I don't know who Rich Housh is. COMMISSIONER TAYLOR: He's -- COMMISSIONER NANCE: He's a participant. CHAIRMAN FIALA: He's another one. COMMISSIONER TAYLOR: Yes, but highly experienced in another state with commercial properties, and he has questions about -- CHAIRMAN FIALA: I'll give him three minutes. I really don't like to do this because he hasn't even put a speaker slip in. MR. MILLER: Actually, he just did hand me a speaker slip. I was going to get to that. It was handed in late. CHAIRMAN FIALA: We've already been discussing it and we've already gotten this far. It's not really what I want to do, but in -- COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: -- deference to Commissioner Taylor, I'll go ahead with it. You've got three minutes, sir. MR. HOUSH: Thank you. Rich Housh, 50 6th Avenue North, Naples. This won't even take three minutes. All I was going to encourage you is in Ohio and a lot of states, residential is not even in play. The commercial -- I mean, to Mr. Nance's points, commercial applications, you have a much more sophisticated buyer, if you will, an investor, and so these projects that we've done successfully in Ohio and Michigan and Western Pennsylvania is all we're looking at is commercial, industrial, institutional clients in Florida. Just wanted you to hit the easy button and move forward on commercial, and then residential you can think about as long as you want. Thanks. CHAIRMAN FIALA: Commissioner Hiller? November 15, 2016 Page 82 COMMISSIONER HILLER: Well, I mean, I think it should be considered, if it is considered, for commercial and residential. I mean, the -- to encourage homeowners to make their homes safer and more energy efficient should be encouraged. And if this is a financing mechanism that allows them to do it where otherwise they would not be able to afford to, then it should be encouraged. I mean, I haven't had time to look through all the litigation that's out there, but the issue of the priority of the lien, I think, has been addressed and -- by the courts, and I believe also the bond mechanisms to finance these loans has also been addressed by the courts. So the future board should consider it, so I do support this moving forward. And, again, if it does allow homeowners and businesses alike to harden their homes and seek more energy efficient means of supporting their daily lives, then they should be afforded the opportunity. CHAIRMAN FIALA: Okay. So -- COMMISSIONER HILLER: But it is going to be treated like a tax lien with respect to priority, and so I'm sure bankers don't like it. But, you know, it's competition. You have alternative financing vehicles. CHAIRMAN FIALA: So would the motion maker repeat the motion, please. COMMISSIONER HENNING: Motion to approve staff's recommendations to bring it back for a future meeting. CHAIRMAN FIALA: Okay. And that was the second? COMMISSIONER NANCE: (Nods head.) CHAIRMAN FIALA: Okay. We have a motion and a second. Any further comments? (No response.) CHAIRMAN FIALA: All in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. November 15, 2016 Page 83 COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Okay. Item #11D APPROVAL OF OUTDOOR LIGHTING BEST PRACTICES THAT IMPROVE EFFICIENCY, REDUCE LIGHT POLLUTION, AND LOWER THE COUNTY’S TOTAL COST OF OWNERSHIP AND MAINTENANCE; AND TO DIRECT THE COUNTY MANAGER OR HIS DESIGNEE TO UPDATE THE LAND DEVELOPMENT CODE (LDC) AFTER VETTING THE BEST PRACTICES WITH STAKEHOLDERS, UTILITY COMPANIES, AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) – APPROVED MR. OCHS: Item 11D is a recommendation to approve outdoor lighting best practices and to direct the County Manager to proceed with updating the Land Development Code after vetting these best practices with stakeholders and utility companies and state agencies. COMMISSIONER HILLER: Motion to approve. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: I just have a comment. Okay. MR. OCHS: Sure. CHAIRMAN FIALA: Okay. Just so that -- this is a great, great idea, and it's talking about, you know, Dark Skies and so forth. I just want to make sure to put on the record that there are certain areas -- as November 15, 2016 Page 84 much as Dark Skies are very worthy of this, and it makes the night, you know, even more enjoyable when you can see the stars and so forth, there are problem areas where light needs to be shed on the neighborhoods rather than having it dark. And I just want to make sure -- and I've spoken to our staff about it, and they have assured me that that's going to happen. But I want to make sure in areas where we have a lot of halfway houses or where the Sheriff's Office is storing some of their people and so forth and where communities are maybe living on top of one another because they're very, very full, we want to make sure that there's enough light so that it gives them the security and the safety that they need. So I just want to make sure to put that on the record. And can you tell me that that's going to happen. COMMISSIONER HILLER: And I support Commissioner Fiala. I feel very strongly that street-lighting to promote public safety is critical. CHAIRMAN FIALA: Thank you. MR. HAMMOND: Good morning, Commissioners. Josh Hammond, for the record. I'm an Applications Analyst for Facilities Management. And we were actually very fortunate. We had the Sheriff's Office alongside of us as well as the International Dark Sky Association working together to figure out how we could use light effectively to meet Dark Sky requirements and also safety purposes. And, actually, this slide right here is a good example of how you can achieve both at the same time. So what you're looking at is an unshielded light. And if you can pay particular attention to the area in that open fence line, if you are to actually shield the light, which is Dark-Sky friendly, you'll notice that there's actually a person lurking in the shadows. So that's an area where we were able to bring both of those often competing interests November 15, 2016 Page 85 together to make it a safer place to live and also to use less energy and create less light pollution. MR. OCHS: So in a nutshell, Commissioners, the answer is, yes, we will not compromise safety in any way through the development of these best-management practices for lighting. In fact, as Josh has said, our goal is to enhance safety and security with our lighting standards. COMMISSIONER HILLER: So you can apply all of this when you get the federal funding. CHAIRMAN FIALA: And maybe with the Sheriff's Office, especially, because you guys ride around some of these areas. And if you can see a spot that needs a little more light focus, you could let us know, or call me and let me know, or call the County Manager, let him know, because we want to make sure that we protect -- we have areas right now that are not lighted. And we've been asked over and over again, please put some light on our streets or on our side streets or whatever, and we haven't been very good about that. So, you know, if you help us along through the Sheriff's Office to point out areas that would protect our citizens and give them a safe community, I personally would appreciate it. I know the County Manager would, too, because -- MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: -- nobody wants to see anybody not secure, so... MR. OCHS: Will do. Thank you. CHAIRMAN FIALA: Thank you very much. Commissioner Nance? COMMISSIONER NANCE: Yes. Dark Skies lighting is not just about the environment. I think the environment community is the first community that picked it up because they're concerned about the natural environment. But Dark Skies lighting is actually just as important, if not more so, for the human environment. November 15, 2016 Page 86 Having the right spectrum of light shined in the right place is the healthiest and safest thing we can do. This example here is critical. This shows you that glaring lights are not achieving the result that we're looking for. Security lights that don't illuminate the right places don't work. Glaring streetlights that get in the eyes of people driving down the road -- and I can tell you I'm affected by that because I'm of the age, and I worked outside on farms all my life. I'm starting to get cataracts. Lights that shine on my eyes put stars in my face and they limit what I can see. So it's wonderful when we have streetlights that don't shine in your face that actually shine on the streets instead the way they're intended to do, and that's what these shielded lights and that's what these sophisticated lighting systems do. They put light in the right place. I think it's very, very important. Not only does it save money, it improves safety, it provides a better environment, because improper lighting messes up your sleep patterns, particularly when we get higher density. I think the team that has put this package together has done a tremendous amount of work, and there are many multiple advantages that need to be considered. I would encourage everybody to ride down Radio Road and look at the -- excuse me -- Rattlesnake Hammock Road and look at the segment where it has LEDs that are shielded on one side of the road and traditional streetlamps on the other side of the road. I went there last night because I wanted to make sure that I saw it for myself before this meeting. The result is astonishing. It is so much more comfortable to drive with the new lighting. It illuminates it better. You can see that the light that's being paid for is not -- it's not overdone. It's not in your face. It's something that is absolutely wonderful and, of course, the November 15, 2016 Page 87 savings are direct and just notorious. You can take a look at all the money we're going to save if we do the right thing. What happens is, not only do we lose less energy, but when you have a properly high-tech-designed light, it shines where you want it and not where you don't want it and don't need it. Golden Gate Boulevard, traveling out to where Gail and myself live, when I turn onto Golden Gate Boulevard off of County Road 951, all the streetlights that we have there are just at the intersections. We don't have it down the road. We just have it at the intersection. People like that light that way because they don't want to see everything real bright because they live in a woodlands environment. But when I turn onto that road, Gail and I can see those lights that are supposed to just shine on the intersections, we can see them for two and three miles away. We can see those lights hitting our eyes from three miles away. That's not doing anything for safety. It's not doing anything for the intersection. It's just crumbing up the night sky. When we go to North Carolina, we see these high-pressure sodium lamps on the mountainside. Jim Flanagan, my assistant, drove up there at night -- and he's from Boston. So he gets there in the mountains. He didn't realize where he was, because it was dark, and he said, you have a ton of airplanes flying around here. Where are these airports? Where are these airplanes going? I said, Jim, that's not airplanes. That's security lights that are improperly designed up on the mountains that you can see for miles and miles and miles. Some of them you can see for 10 miles away. That's just a waste of energy. It screws things up. So I think this is a delightful agenda item. I've been anticipating this the whole time I've been here. So I think it's just wonderful, and I hope people -- I hope people move ahead. And I want to say two other things. This needs to be incorporated in our Growth Management Plan updates, this sort of thing. The November 15, 2016 Page 88 second thing is, we do have a problem with one of our essential partners, and that's FPL. FPL supplies security lights to people, lights -- outside lights on poles that are marketed to people for security lights. FP&L, shockingly, is in the energy-selling business. They sell lights that are not necessarily energy efficient and not necessarily to the standards we're talking about here. And what those securities lights do is they're supplied to people for 10, $15 a month on a flat rate. They put the fixture up there. They just charge it -- you know, charge it to you. You don't have to maintain it. You don't have to do anything. The only problem is it shines everywhere and on everybody. So we really need -- I hope that our county staff will make outreach to FP&L, our essential partner, and FDOT to try to get them to get on board with this, and let's find out how we can encourage FP&L to put up the right kinds of lights for us. I think we can all make money, and we can all make improvements at the same time. But that -- to me, for somebody living in the country, that's the critical piece, because those lights are not what we're talking about here. They're just in the opposite direction. But my thanks to staff for doing a superb job on this item. MR. HAMMOND: Thank you. And the team was instrumental, and it was -- all four departments were represented as well as the County Manager's Office. It's actually a self-managed team that the County Manager's Office has been trying to push out where Nick came and gave us the vision, empowered us to run with it, and it's been great to work with the Sheriff's Office and International Dark-Sky Association to make this happen. COMMISSIONER NANCE: Well, I hope you feel empowered enough to go out and be a little aggressive with these Growth Management Plan restudies and see if we can't get some of this stuff in a package that, you know, doesn't wait another decade before we start looking at how we can start really making this come to life. Thank November 15, 2016 Page 89 you. MR. HAMMOND: Understood. Thank you. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: So the last meeting I stole your thunder. You stole my thunder. That was my conversation with staff. I want to make sure that the developers participate in this program. And I don't -- I want it -- you know, this is a wonderful program. It makes a lot of sense, and I'll explain something scientifically so you'll feel a lot better. But I don't want -- we're going to commit and, you know, bring them along. We need to make it happen because it's so important. The reason -- if you look at this slide, the reason that that hand is so important and allows you to see the shadow is that your eye is limited. Your eye can't see the brightness of that light and read in the shadows. Can't do it at the same time. So in order to subdue that light, that allows you to see what's in the shadows, and that's the scientific feature or the premise, I believe, behind Dark Sky lighting. It's -- you know, it's scary because you think, oh, my gosh, I didn't need the darkness. What it does is prevent too much light from closing your eye down so you can't see in the shadow, and that's exactly what it does. COMMISSIONER NANCE: Well, you know, Commissioner, that could be a bicycle rider on the side of the road. The same thing can occur. COMMISSIONER TAYLOR: Oh, no question. Or just somebody walking. CHAIRMAN FIALA: I had somebody try and open my car doors. I was stopped at a stop sign on 7th Street, and I had to -- even though -- COMMISSIONER TAYLOR: In the city? CHAIRMAN FIALA: Yes. And I slammed on the gas pedal, November 15, 2016 Page 90 and I hoped it yanked his arm half off because I couldn't believe somebody would try and break in my car right there, but anyway. That's neither here nor there. Let's see. Now, I'll tell you about that later on. COMMISSIONER TAYLOR: Wow. CHAIRMAN FIALA: We have speakers out there? MR. MILLER: Yes, ma'am. I have two registered speakers; Monroe Pattillo will be followed by Diane Umpierre. MR. PATILLO: Thank you for the opportunity to speak here today. I'm Monroe Patillo. I'm the Observatory Director for the South Florida Amateur Astronomers Association. Collier County has some of the darkest skies in South Florida. And while I'm not a resident of Collier County and our organization is based in Broward County, there are other amateur astronomy organizations around South Florida that do make use of the facilities and the dark skies that Collier County does have to offer. Amateur astronomy is a recreational activity that is pursued at night when most people are asleep. So you don't see us, but we're there. COMMISSIONER TAYLOR: I don't know if that give us a great deal of confidence. MR. PATILLO: Well, I would say that if you've never heard anything about a group of, you know, 30 to 50 people getting together in the dark to make benefit of the dark skies that are in Collier County, then you have nothing to worry about. COMMISSIONER NANCE: I don't know where we're going with this. MR. PATILLO: All I wanted to do was to -- from the perspective of the amateur astronomers in South Florida, basically commend Collier County on having dark skies and on paying attention to their lighting practices and particular emphasis in reducing light pollution. November 15, 2016 Page 91 I wanted to speak earlier with regard to the proclamation regarding the certificate that Big Cypress received, and that's one of the reasons why they can do that is because it is dark there. There are dark sites within Collier County that are essentially part of Florida infrastructure; essentially, I-75, the rest areas at Mile Marker 63. We do make use of the area. We do make use of the area at Mile Marker 70. Those are some of the darkest areas in South Florida. So you have an item here that you need to pay attention to, and I think you are, by this effort, paying attention to it. And I look forward to making benefit of the end result. Thank you very much. MR. MILLER: Diane Umpierre is your final speaker on this item. Madam Chair, I was handed another slip just now on this item. I don't know if you -- Rich Housh, did you want to -- CHAIRMAN FIALA: Okay. Well, let's get the other lady first, please. MR. MILLER: Okay. Diane Umpierre. MS. UMPIERRE: Hello, everybody. I know I have this wonderful height issue. So thank you very much. My name is Diana Umpierre. I live in Broward County. I love your skies. I spend a lot of time in Collier County, and mostly at night, because I don't have the kind of skies you have where I live. It was, in fact, Collier County that motivated me about three, four years ago to get engaged in light pollution issues, which is why I'm now a volunteer, actually the vice president of the International Dark-Sky Association, which has been around for about 30 years. So I have you to thank for having no personal life now. So that said I wanted to -- one of the things I want to do is give you a copy -- our organization is part of also the Everglades Coalition, November 15, 2016 Page 92 and as some of you might know, is an organization of about -- currently about 61 organizations. And they passed a resolution not long ago to basically congratulate Big Cypress for their achievement, and we actually copied the commissioners on this letter because, to be honest, the reason why they have good skies is because you're doing some things right as well. That's that. Some other things I want to point out, there certainly are benefits to, you know, what I call both Dark Sky and neighbor-friendly lighting. Certainly, in terms of reducing energy waste, there is energy savings associated with all that. But I also want you to think about the fact that, you know, when we elect our officials, I think that most of us really make those selections based on, you know, maintaining a certain quality of life that we already enjoy or seeing it improved. And what is quality of life? You know, it's obviously a lot of things related to the daytime, but nighttime is also important: A roadway without glare; a bedroom window that doesn't have exterior lighting shining through; a downtown area that has inviting, warm lighting, a starry night. You know, safety, you know, was well mentioned. Those are all important aspects of a quality of life, and that's what this is about. One of the things being part of IDA -- oops. Can I get a little extra time? Okay -- we get to hear firsthand from a lot of people in the public that call us for help, and a lot of the things that we hear, it's, you know, we have light shining from windows, you know, and all those things. So those things are important. Some of the other things I wanted to point out regarding the lighting standards: As a county, it's important that you set the example for others. You know, if you were to make changes to the other code, you need to set the example, and this is going to help you to do that. CHAIRMAN FIALA: Thank you. November 15, 2016 Page 93 MS. UMPIERRE: I'm sorry. Thank you. MR. MILLER: And, Madam Chair, as I said, after the item started, Rich Housh had submitted a slip if you would like to hear from him. MS. UMPIERRE: I wanted to show them this. I'll show them afterwards. All right. Thank you. MR. HOUSH: Rich Housh, 50 6th Avenue, North Naples. This is spontaneous on my part. I just think if you believe in karma, there's a little known fact that, perhaps, I'd like to share with the county commissioners. It's nice to see everybody positive on the same issue for a change. You probably don't know this, because a hero of mine and a friend of mine, I had the privilege of serving under Dolph von Arx on the board of the Conservancy of Southwest Florida. Dolph is a modest guy. He probably wouldn't tell you this. He was the lead angel investor behind Cree. And Cree happens to be the company that invented blue light or LEDs as a light source. So you're driving down the roads after they've been retrofit -- and I commend the county for taking a position of leadership on LED lighting -- and thank Dolph von Arx as well, because were it not for Dolph -- and I've been to Cree's headquarters on Dolph's plane. It's a pretty cool place. He served 25 years on the board. He wasn't the second investor. He was the lead investor, and he's a cool guy. He lives in Naples. Thanks, Dolph. CHAIRMAN FIALA: Okay. So we have a motion on the floor and a second. We've heard from our speakers, and we've all talked amongst us. So I call for a vote. All those in favor, signify by saying aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER NANCE: Aye. CHAIRMAN FIALA: Aye. November 15, 2016 Page 94 COMMISSIONER HILLER: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN FIALA: And opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. It passes 5-0. Thank you. MR. HAMMOND: Thank you, Commissioners. CHAIRMAN FIALA: Thank you. Item #11E A STATUS REPORT ON THE BIG CORKSCREW ISLAND REGIONAL PARK PROJECT AND AUTHORIZE STAFF TO CONTINUE WITH DESIGN, PERMITTING, AND PHASED CONSTRUCTION BASED ON THE RE-DESIGNED CONCEPTUAL MASTER PLAN - MOTION TO ACCEPT THE STATUS REPORT – APPROVED MR. OCHS: Madam Chair, your next item is Item 11E, and this is a recommendation to accept the status report on the Big Corkscrew Island Regional park project. CHAIRMAN FIALA: And while the audience is clearing, Leo, are we going to try and finish all of the agenda or -- MR. OCHS: Well, ma'am, after this item you have one remaining item, and that's your AUIR report. That's probably a 15-, 20-minute report at tops, and then you have public comment on general topics. Troy is telling me there's no registered speakers there. So the Board may want to consider trying to finish here in the next 20 minutes or so. You could have your lunch and then come over to the reception at 2 o'clock, if -- CHAIRMAN FIALA: Okay. MR. OCHS: The pleasure of the board. November 15, 2016 Page 95 COMMISSIONER TAYLOR: I think there will be some people coming in for public comment, so I think we should have lunch and come back. CHAIRMAN FIALA: Well, how about the other board members? COMMISSIONER HENNING: Get 'er done. CHAIRMAN FIALA: Get 'er done. How about -- anybody else? COMMISSIONER HILLER: It doesn't matter. CHAIRMAN FIALA: Okay. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: I'm fine with it. I'm ready to recommend approval of the status report. I'd like to make a couple comments, but I don't think we need to belabor this item. COMMISSIONER HENNING: Second. CHAIRMAN FIALA: Okay, good. Then, Commissioner Taylor, would you mind if we just continued on? COMMISSIONER TAYLOR: Not at all. CHAIRMAN FIALA: Okay, very good. Move on, sir. MR. WILLIAMS: Good morning. Barry Williams, Parks and Recreation Director. Commissioner Nance, I'll just briefly, perhaps, tell you where we are with this project and I'll put a -- COMMISSIONER NANCE: You don't need to tell me. If you want to tell everybody else -- I've read it. MR. WILLIAMS: Yes, sir. MR. OCHS: We'll take your questions. COMMISSIONER NANCE: I want to thank staff for moving this forward. You know, it's no secret to the board members that are currently seated and it will not remain a secret to the new board members very long that this is something that I'm very passionate about, very interested about. November 15, 2016 Page 96 You know, District 5 has 20 percent of the citizens and nearly 30 percent of the children, and this park is something that's been needed for a very, very long time. So I want to thank you for indulging me, and I want to thank board members here for supporting moving this project forward. It is -- I think that the report here is something that I'm going to share with all the people in Golden Gate. They're anxious to hear this update, and I think the public -- the public process that's been established is wonderful. To have a timeline that shoots to have part of this park open in, I believe, 2019 is what you're showing is something that the people are looking for. I'm hopeful that the newly constituted board will find a way to fully fund this project and get this project checked off the list. So, you know, I'm happy to make a motion to approve, and I appreciate Commissioner Henning's second on the item. Like I say, you don't need to spend a lot of time now, Commissioners. I'll be knocking on your door with great regularity on this one. CHAIRMAN FIALA: Okay. So any other comments from commissioners? (No response.) CHAIRMAN FIALA: 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: Fine performance, Barry. MR. WILLIAMS: Thank you very much. CHAIRMAN FIALA: So we have a 5-0 vote. Moving on. MR. OCHS: Thank you, Madam Chair. November 15, 2016 Page 97 Item #9A RESOLUTION 2016-259: THE 2016 COMBINED ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES AND SCHEDULE OF CAPITAL IMPROVEMENTS AS PROVIDED FOR IN SECTION 6.02.02 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND SECTION 163.3177(3)(B), FLORIDA STATUTES AND ADOPT A RESOLUTION THAT UPDATES THE 5-YEAR CAPITAL IMPROVEMENT SCHEDULES. (PL-20130000111/CPSP-2016-1) – ADOPTED MR. OCHS: That takes us to Item 9A on your agenda. This is a recommendation to review and approve the 2016 combined Annual Update and Inventory Report on Public Facilities and the schedule of capital improvements. And Mr. Bosi will take you through the presentation. MR. BOSI: Mike Bosi. Good morning, Commissioners, or afternoon, Commissioners. Mike Bosi, Planning and Zoning Director. This is, I think, my 10th year of presenting the AUIR/CIE to the Board of County Commissioners, and every time we use those acronyms, you know, it probably confuses a lot of people. The one thing that I would say about this project is this project is designed to maintain the quality of place and the quality of environment that we provide from an infrastructure standpoint and a service standpoint to the population of our county so the people who are attracted to what we -- the environment that we provide can be assured that we maintain the environment that they were exposed to when they originally came down here and then moved here. The AUIR is the annual one-year snapshot in time of projected needs and required improvements from all infrastructure and November 15, 2016 Page 98 service-providing departments based upon projected population increases against the BCC adopted levels of service, and it should be noted that this is a snapshot that's a constantly evolving equation. Basically that means that we're going to provide for the levels of service needed to handle the populations that we expect. There's two categories that we deal with. Category A, they're concurrency facilities: Roads, drainage, potable water, wastewater, solid waste, parks, recreation, and schools. And then B are your jails, law enforcement, libraries, EMS, government buildings. And this slide, I needed to update, there are -- two dependent fire districts have been absorbed by the independent fire districts, so they'll no longer be as part -- this is the last year with Ochopee as part of the AUIR. Policy 1.2 of your Growth Management Plan basically says that our population estimates are going to be provided from the Florida Bureau of Economic and Business research, BEBR. It's the traditional -- Commissioner? COMMISSIONER HILLER: Mike, I think we're all familiar with everything that you're saying. I think next year for the new board it will be invaluable but, for us, we're very knowledgeable about how the process works, and you have it well documented. Can I suggest you just give us the highlights of what may be different from last year so we can analyze this by exception rather than -- MR. BOSI: I think the greatest difference -- and it's probably -- going to be probably highlighted within our transportation presentation was the level of projects that have been initiated within this five-year program, and the requirement for this -- for the AUIR to identify the funding sources. Right now there's a gap within the funding sources, so during -- and I think transportation will be able to point out that this is -- the biggest request that we have within this AUIR is asking the Board to November 15, 2016 Page 99 provide for direction upon debt financing to pay for the improvements, with transportation being the lion's share of those future improvements, and that would be the greatest difference between last year's AUIR and this year's AUIR. We finally hit the point towards where we need to go out and acquire some capital to build the infrastructure that we need, that we know we need to satisfy the growth and demands. CHAIRMAN FIALA: We also had -- we had projected 2 percent growth every year, and we haven't reached that, have we? MR. BOSI: No, we've maintained a steady 2 percent growth -- CHAIRMAN FIALA: That's good. I think that's something to brag about. MR. BOSI: Well, I would most certainly agree with that. In the past five years, that growth rate has added the pressure for the next wave of infrastructure and improvements, and that's why you're seeing this year the need to go out and acquire some debt financing to make this capital program whole. And with that, I can turn it over to Transportation Planning who would be able to just provide a little bit greater overview of the specificity of what those needs are. COMMISSIONER TAYLOR: I have a question. CHAIRMAN FIALA: Oh, yes. COMMISSIONER TAYLOR: Mr. Bosi? MR. BOSI: Yes. COMMISSIONER TAYLOR: Just a question. The BEBR, B-E-B-R, way of determining the population, are there other entities out there that do this? MR. BOSI: I'm sure there's other entities that would do that. You would have -- if you wanted the other entity to be the local source for our population projections, it would have to be in a negotiation that you would have to engage in with the Department of Economic November 15, 2016 Page 100 Opportunity. They would have to recognize that other agency or those provided in our population projections for the legitimacy and the accuracy of those, but it could be -- there could be an opportunity. I guess the first question from a staff perspective would be -- I'm not -- do we feel that the population projections that have been provided for in the past and provided for this year are divergent from what the realities are? But the state does allow for other sources of your population projection through a negotiation with the DEO. COMMISSIONER TAYLOR: And so the entity we've been using, the BEBR, we've been using that entity for many, many years, right? MR. BOSI: Correct, Commissioner. We've been using it as long as I've been doing the AUIR, and I believe the statutes suggest that all jurisdictions, all municipalities, all counties utilize the Florida Bureau of Economic and Business Research but does provide opportunities for alternatives if they've been identified and requested. COMMISSIONER TAYLOR: Could you go to the slide, that last slide that shows the population growth. Because when you look at the years, that was the downturn and, you know, considering the projections, they're pretty darn accurate. MR. OCHS: Go to the BEBR. COMMISSIONER TAYLOR: Yeah. You just had it. MR. BOSI: We've found that there's a pretty tight correlation between the population projections that we have been -- we've been provided for but also compared against the COs that have been issued from the Growth Management Department in terms of new units for occupancy. There is a close correlation to those, so from a staff comfort level, we do feel that these population projections have been within that acceptable range for its accuracy. And the one thing that this AUIR/CIE does provide, it's an annual November 15, 2016 Page 101 update. It's annually revised. It's looked at and provide for updating of any changed conditions that we would find. CHAIRMAN FIALA: Commissioner Henning? COMMISSIONER HENNING: Yeah. There's transportation needs particularly in District 5 I know that we've been working on for a lot of years and, because of the downturn in the economy, those projects were not funded. So that, again, is for a future board to decide whether to finance those projects, because there is a long-term capital benefit to the citizens of Collier. So, I mean, I'm supportive of that. And the timing may be ripe to go ahead and consider a bond funding for those capital improvements. So I'm going to make a motion to approve the AUIR for 2016/2017. Is that what it is? MR. BOSI: Correct. There's four recommendations at the end of staff report, and they're basically approve the AUIR and endorsement of sending the CIE to the DEO, which is a reflection of what's contained in the book. COMMISSIONER HENNING: That's my motion. CHAIRMAN FIALA: Okay. COMMISSIONER NANCE: Second. CHAIRMAN FIALA: And we've got a second. I have a question as we move forward, but just a quick one. I understand the projections that we have with growth and so forth. Are we taking into consideration the future growth as the baby boomers start reaching our shoreline? Because I think that there's going to be, you know, a big hit when -- if you're retiring from the north and you're going to be finding someplace you want to live, it's going -- they're going to love living here in this area more than, I think, anyplace else in the state of Florida. So have we taken -- MR. BOSI: The attractiveness of Collier County, most certainly, has been exposed to that baby-boom generation. You've got to think November 15, 2016 Page 102 about the baby-boom generation, that cohort, we're getting to the tail end of that cohort over the next five to seven years when you see the continuing retirement of that population group, and we except that we're going to get our fair share of those. So that most certainly is included within it. And one thing I can say about our population numbers as well is we do account for the seasonal nature of our visitation. So all of our infrastructures are geared to have a 20 percent additional capacity. Within utilities, within transportation, there's a little bit more allowance for how the real-time demand is provided for in terms of increasing and making sure that we have adequate capacity, but we make sure that we can anticipate those heavier loads in February and March. It doesn't mean that there's a clear ceiling on our roads on (sic) February or March, but they have been designed to accommodate the additional loads and trips that will be exerted from our seasonal guests as they arrive upon the -- during those times. CHAIRMAN FIALA: Thank you very much. I was just going to call for the vote. Commissioner Hiller? COMMISSIONER HILLER: Yeah. I want continued assurances and the commitment that the law enforcement portion of the AUIR is bolstered to the point necessary to continue to have the same level of public safety that we have had at the current level of population growth. And I'm very concerned about that. I mean, to give you an example, and we've spoken about this before -- and I know Commissioner Fiala is fully aware of this issue now as well because I understand that you did a tour of the Sheriff's evidence facilities -- CHAIRMAN FIALA: And Friday we're doing a tour of the jail. COMMISSIONER HILLER: -- which are just ridiculous. I mean, it's an absolute embarrassment. I mean, if I was a defense November 15, 2016 Page 103 attorney, the first thing I would challenge is the chain of custody. I mean, it's just, like, insane; not to say that they're not maintaining, you know, the evidence properly, but it has to be so difficult to do so. I mean, the challenge is one that shouldn't even exist. MR. BOSI: Commissioner Hiller, and I appreciate your comments. And I think it was yourself that, three years ago, first started the conversation with this Board of County Commissioners about the need for an evidence room dedicated for the Sheriff's Department. That narrative has been provided for within your -- the AUIR, close coordination with the SO office, who's -- also a replacement, the Everglades City district facility. That's another future need. Our Facilities Department has been made well aware of it. The continued conversation with the specifics of what's needed in terms of the Sheriff's Office, their preferences, and they're working through that process, and that is the next area of improvement within the law enforcement is that facilities. COMMISSIONER HILLER: It is absolutely essential. And to the extent that you're going to go out for bond financing, if you look at the facility needs of the Sheriff's Office like, for example, with respect to an evidence center, that should be rolled into that same issuance. I mean, the cost is going to be whatever the cost is. So, I mean, if you're going to have to get it done, which you are absolutely going to have to do, then roll it under the same umbrella because the time is now. I mean, if you're looking at the horizon realistically, you don't have more than a few years to get it out of the ground. MR. BOSI: We most certainly appreciate that comment and, through the budgetary discussions with the County Manager's organization, we will incorporate that directive and perspective into it. CHAIRMAN FIALA: It would be nice if we could have it right here on the government complex or something. November 15, 2016 Page 104 COMMISSIONER HILLER: Yeah. It should be close. CHAIRMAN FIALA: But, anyway, let's move -- we have a motion on the floor and a second. COMMISSIONER TAYLOR: Can I -- I have one question about the parks -- about the parks. Okay. It doesn't matter. Whomever. If we go to the Page 103 of the AUIR and talk about the projection going forward, it appears, after I read this, that we do have a deficit, a five-year surplus or deficit. We do have a deficit. Is that with the Big Corkscrew coming online, or is that without it coming online? MR. WILLIAMS: Barry Williams, Parks and Recreation Director. To answer your question, Big Corkscrew Island Regional Park acreage is already included in our regional park acreage, so that exists even with Big Corkscrew consideration. COMMISSIONER HILLER: You know, that is -- I have to interject. And this is for your benefit, Commissioner Taylor. This happens year after year, and it goes very much to the impact fees that are related to parks. You don't count all the state and federal parks that we have. We don't have a deficit with respect to those kind of parks. I mean, you know, the Wiggins Pass Park doesn't get counted in. I mean, it just goes on and on and on. So to say that there is a deficit of those kind of parks is not true. We do need smaller local parks, for example, in District 5, like community -- small local community parks. But to say that there's a deficit with respect to those other categories is not a correct statement. And we address this year after year after year, and then the impact fees are unnecessarily higher, driven by this false deficit. MR. WILLIAMS: Commissioner, if I may, just to expound upon that. The Planning Commission and the Board over the years have, November 15, 2016 Page 105 with that under consideration, the fact that you do have state and federal lands, reduced the level of service for regional parks. So that is an option for you in terms of your looking at your state and federal lands and the recreational amenities that are there. I think the biggest discussion point that we've had, though, is in the regional parks, community parks in particular, what you're programming or what you're developing -- and Big Corkscrew's a good example -- is active recreation versus a more passive recreation lands that the state and feds have in the properties in the county. But right now you're showing slightly a reduction or slightly a deficit based on the current level of service. Now, there are some things that could happen that could change that. You know, in terms of regional park acres, there are a couple of long-shot parks. The one that comes to mind is the ATV park and potentially at the Immokalee airport. If that came online, that would be regional park acres. But right now that's not being planned and programmed as part of your AUIR. We've not done that. But in that five-year window, you do have a slight deficit. CHAIRMAN FIALA: Commissioner Taylor? COMMISSIONER TAYLOR: Yeah. And that's what I wanted to say. And I can respect your opinion, Commissioner Hiller, but you need to go before the Naples City Council to talk about whether the county has enough parks or not, because it's all about active -- active parks, baseball diamonds and soccer fields and all those things that we're talking about when we talk about even having an amateur sports complex which we're -- you know, we've talked about broadly from here. We've just paid $65,000 for Hunden to come and give us an idea of what we're deficit in. These are the kind of parks that -- I think that our children can utilize is what we're -- what I think I understood is what we're lacking in. November 15, 2016 Page 106 And so I just -- you know, it's not that we're not planning, but we're at this point, in five years we're looking at that time again. So thank you very much for that. CHAIRMAN FIALA: Commissioner Nance? COMMISSIONER NANCE: Yes. I certainly identify that we've got 78 percent of our land protected from development, but I do -- I do disagree with Commissioner Hiller on this topic, and the reason that I do so is I know that numerous agenda items that we've had in the not too distant past have showed, for example, that we don't have enough ballfields for our kids; we don't have enough intermediate baseball fields; we don't have enough soccer fields. When we started talking about the development of sports tourism and we looked for a venue to put a sports venue together, we noted that we did not have such a facility. So, certainly, I'm hoping that the AUIR is not actually the end-all for addressing this problem. I hope that due to the fact that we've got very little land that remains unentitled in Collier County, that as we look to the RLSA, to those landowners that are trying to begin developing their properties in a very systematic and comprehensive way, that they themselves in the RLSA look to an extension of longer range planning like we see with the MPO to address needed infrastructure. Transportation is certainly the one that bubbles to the top time and time again. They're going to have to make some very comprehensive commitments for transportation. And one of the things that you have to have when you have transportation is you have to have right-of-way. It's certainly within the ability of a very limited number of people to make that come to life. And I would tell you that other essential services, such as larger park venues, landfill and related waste management entities, you know, public utilities areas, it's going to be a lot happier for people to November 15, 2016 Page 107 identify these things now than to incrementally get there and then try to say, well, wait a minute, where are we going to fit this in? Oh, it's next to somebody; they're going to object. Come on. You've got a blank slate. Everybody knows what's going on here. They need to start putting some squares on this map and checking some of these things off the list. COMMISSIONER TAYLOR: When you say -- who? Who needs to do that? COMMISSIONER NANCE: The developers of the Rural Land Stewardship Area, ma'am. The landowners themselves that are trying to -- that are planning in a good comprehensive way. I mean, we're seeing this habitat evaluation in a comprehensive way. Let's see them do that with transportation. Let's see them do that with public essential services. It's going to make it a lot easier for the county to work with them and support their efforts, which I think we need to do. I don't know how Collier County can be successful if our largest landowners can't be successful. I've said that time and time again. But now's the time to step up. We cannot do this incrementally. We have to do it in a comprehensive way. And, you know, I've been a proponent of that, and I think this board has been a proponent in recent years of starting to look at things in a comprehensive way as we get towards buildout. So when it comes to essential services, now's the time to stand up. And if they start raising their hand a little more actively, I'll certainly support them. COMMISSIONER TAYLOR: I think it's very important that we heard this right now. We have a commissioner who's -- who came, I guess, in 2000 right when, you know, the county was deciding or had decided to incur some serious and some substantial debt in order to bring the infrastructure up to where we needed to go. We had great leadership at that time. I'll never forget it. It was a November 15, 2016 Page 108 very powerful and very important time, and it was quite unnerving because of the amount of money that had to be borrowed to keep up with the debt. I understand from talking with staff that Collier County is one of the few counties that still goes through the AUIR process; that because of the DCA being pretty much disbanded, they don't -- now other counties don't need to, and they don't do it. I mean, it speaks volumes of the leadership here, staff, and of you who have been on this commission to keep this up. And it's a very important document. It's a very, very important document, and I wanted to compliment you and thank you for this. CHAIRMAN FIALA: Okay. So I'll take a turn at it. So, first of all, libraries, the AUIR should be considering keeping libraries open on Saturday now, right? I mean, we've only got a couple of them, and I hope that that's included for the coming years because it seems that that's the only day that the kids all have off school that could use the library, and they're closed. And we should change them. You know, don't open them on Monday. Open them on Saturday instead. You can use the same amount of dollars, but I think that you could reach a lot more of our community, number one. Number two, I hope that we're considering the U.S. 41 corridor study. You have this stuff now. I'm glad that you found all of that stuff, and that's great. What's happening is very quickly people are buying up some of the land. You've probably noticed -- you guys are working on it down there in GMD anyway where they want to build more storage units; big, huge storage units, two and three storage units two and three stories high, and they're buying up land. They're also buying up land for more car washes, and they're buying up more land for -- darn it. COMMISSIONER TAYLOR: Gas stations. CHAIRMAN FIALA: -- gas stations, yes. Thank you. So -- but November 15, 2016 Page 109 they're not -- you know, we can't shop at any of those places, nor can we go to lunch there. And I think that we need to have a corridor that's not so inundated with all of those types of facilities but something that a community can actually use. And I think that the whole corridor of U.S. 41 should not be a corridor just for commercial. Anyway, that's my second thing. Thirdly, we were talking about parks. And I was just remaining quiet because I'm very excited about the park that Commissioner Nance wants to build there. There's a wonderful thing, and they can use it, and it's wonderful. They've got other parks in that area, and that's great. And Immokalee, I always envy the Immokalee parks because they have a swimming pool and they have the workout center and so forth. We just finally got a little fitness center, very little, in the East Naples Park. They had them for years in Immokalee. We spent a lot of money there. Our parks in East Naples have long been neglected. In fact, the city then made a big stink about it, actually, because the kids had no place to go in East Naples, so they were going and using the city parks, and so then they wanted to charge us for the kids to use the city parks. I just hope that we'll give the kids some more things to do. And I say this with all my heart and soul. You keep kids in a poor community busy with games, with activities, with sports, and you're going to keep them off the roads and hanging around street corners. There's nothing more important. And to build these fancy dancy parks in the area where not that many kids live -- that doesn't mean you. That means in other areas. COMMISSIONER NANCE: Well, we're all fancy dancy out there. CHAIRMAN FIALA: You know, we want to keep those kids in a safe environment, in a wholesome environment and lead them on a better track, and you can't do that while they don't have much of November 15, 2016 Page 110 anything to go to. I mean, we have a wonderful Sugden Park, and it has a playground in there. It doesn't have anything else. It has a little beachy area, but there's nothing else to go into, just open space. That's a nice park. And we have -- well, we have -- at the East Naples Community Park we have lots of pickleball courts now; wonderful, wonderful, but there isn't much of anything for the kids to do there. We have a shared space with the school where they can play ball, and we've just built now two -- after all these years we finally have two soccer fields. That's it. What else are they going to do there? So it's just -- I think we ought to be thinking about places that need some stuff, too. But, anyway, so I've said my two cents. I'd love to know further about the corridor study and how you're moving along with that. And with that, we had a motion on the floor and a second. Any further comments? (No response.) CHAIRMAN FIALA: Thank you. Pardon me? MR. MILLER: Madam Chair, I'm sorry. I neglected -- I do have one registered public speaker for this item. MR. ESTES: I'll waive. MR. MILLER: And he waives. Brad Estes. CHAIRMAN FIALA: Oh, okay, fine. Thank you very much. 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.) COMMISSIONER HENNING: Any other motions we need to November 15, 2016 Page 111 make on that? MR. BOSI: No. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Commissioners, that takes you to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: I have no registered speakers at this time. CHAIRMAN FIALA: Okay. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: That moves us to Item 15, Madam Chair. That's staff and commission general communications. CHAIRMAN FIALA: Okay. Yes. MR. OCHS: Just one reminder, again, the returning board members have a workshop scheduled on January 3rd of 2017 to review your strategic plan and look at your future land use plan and a quick update on the other plans that are underway. That's all I have, Madam Chair. CHAIRMAN FIALA: Thank you. COMMISSIONER HENNING: Let me put that on my calendar. COMMISSIONER TAYLOR: You'll miss us. COMMISSIONER HENNING: Uh-uh. I deleted my calendar. CHAIRMAN FIALA: That's not the way to go. I'll just call on you first. November 15, 2016 Page 112 COMMISSIONER HENNING: Well, Commissioner Fiala, I discovered in the Florida Statute there's an item that you may be interested in bringing back to the Board to the future board. There's a provision in there on dwellings that are known to be dealing in drugs. You know how difficult it is for the Sheriff's Department to make arrests for drug dealers. It just takes a long time, and it's because the way the court systems are. They want to provide a solid case; however, in the Florida Statutes there's a provision that local counties can create, well, deem those types of dwellings a public nuisance, and in order to -- the Board needs to enact an ordinance or amend the existing ordinance in order to start accruing fines on these properties. A lot of these properties are rental properties, as you know. CHAIRMAN FIALA: Yes. COMMISSIONER HENNING: Communicating with Jeff Klatzkow, he thought it would be best to communicate with the Sheriff, Kevin Rambosk, to see if this is something that he's interested in, because he's an integral part of -- you know, of the whole process. So I mention it to you because I know that in the past you have -- you've got some places that need to be addressed, and it's difficult. But Jeff Klatzkow can assist you on that. So I encourage you, if you would, take a look at it and see if you could potentially bring something back to the Board. COMMISSIONER TAYLOR: Would this be -- CHAIRMAN FIALA: We've also got a proliferation now of massage parlors, but it seems that the Sheriff's Office can't do much about it. You can see the parade of people always going in and out, always at night, but I think that's kind of interesting, too. COMMISSIONER NANCE: It wasn't those astronomers, was it? CHAIRMAN FIALA: Thank you for that. COMMISSIONER NANCE: Uh-huh. Maybe we're onto November 15, 2016 Page 113 something there, County Manager. COMMISSIONER HENNING: So, yeah, Jeff can sure assist you. CHAIRMAN FIALA: Yeah. I've got a few things to talk to you about. MR. KLATZKOW: We can chat. COMMISSIONER TAYLOR: And this would be a countywide ordinance so that it would apply to the City of Naples also; would it? COMMISSIONER HENNING: I don't know that. COMMISSIONER HILLER: If there's any drug activity in a house in Port Royal, I mean, I think we should just lien them and say, look -- I mean, you know, I don't think that drug dealing is exclusively in one community or another, and I think it would be wrong to characterize one neighborhood as -- CHAIRMAN FIALA: I don't think he was doing that at all. He's just saying, if you have some in your area and you know it's there, he's saying you can check with the County Attorney and Sheriff's Office. COMMISSIONER HENNING: But anyways, just to finish up. It's been a pleasure working with this board and the past board. I have learned a lot and made some new acquaintances and definitely got some great assistance from this staff, and under Jim Mudd also and Tom Olliff, about how to make things happen for the public and keep our community the best community, in my opinion, in the state of Florida. And I was well compensated for that. My knowledge, experiences, and, of course I did make some mistakes on the way, there's no question about it, and I've learned. I don't want anything named after me because my paycheck came on making things happen. And no advice to the new board. I think the voters did the right thing by electing the three new commissioners. Commissioner Elect Burt Saunders is a vast knowledge of government all the way from, November 15, 2016 Page 114 you know, Tallahassee to being a former county commissioner. Bill McDaniel, I think, you know, very involved in Eastern Collier County in the Big Cypress community. I know he's involved in the fire departments and agricultural community. A lot of people know him, so he's going to bring, I think, some great ideas. And Andy Solis. Is it Solis? COMMISSIONER HILLER: Solis. CHAIRMAN FIALA: Solis. COMMISSIONER HENNING: Solis, I hear nothing but great things about him. And I think the first Hispanic on the Board of County Commissioners, is that -- CHAIRMAN FIALA: Yeah, nice. COMMISSIONER HENNING: Yeah. I think that's wonderful. So I don't have any recommendation for anybody. I just have that one request of you, Commissioner Fiala, to see that through if that's possible. But I think the citizens are going to be in great hands with the new board. So thanks for allowing me to serve. CHAIRMAN FIALA: Thank you for your wonderful message. Thank you. Commissioner Hiller? COMMISSIONER HILLER: Thank you. I feel the same way. I really want to thank the citizens of Collier County for their support and the honor to serve them. It's been an incredible six years. We've accomplished so much. I was elected during the middle of the economic crisis, and to see how this county, as an organization, has changed for the better from the time that I joined the Board to today is nothing short of remarkable, and I think so much of that goes to Leo Ochs, who was a new county manager at the time that I got elected. And the way he has carried this organization through the storm and into what I would say a state of bliss is really -- is really worthy of note. So, Leo, thank you. November 15, 2016 Page 115 MR. OCHS: Thank you. COMMISSIONER HILLER: And thank you, Nick, for you being his wingman. He needed one. And, staff, thank you so much. You guys are just awesome, every single one of you. Even Mark. Mark? You can raise your head. It's okay. But you guys have really been a pleasure to work with, and I consider you friends, not just colleagues. And I look forward to working with you in the future, which I'm sure I will. And, County Attorney, as always, I will never forget that any law passed by the Board is deemed valid until overturned by a court of law. Hell, I hate that case. Just want you to know I believe in the constitution. So thank you for your service. I mean, you've really been a pleasure to work with as well. It's been a lot of fun. And you certainly have helped the Board through many difficult situations and myself, you know, in many legal questions that I had that you helped me through. So thank you. And I'll see you on the other side. CHAIRMAN FIALA: Do you notice there's a certain sadness that we're feeling now? It's almost -- you know, it's almost like -- it's an era that's ending, you know, so... COMMISSIONER HILLER: It is. CHAIRMAN FIALA: Anyway. Move on. Commissioner Taylor? COMMISSIONER TAYLOR: Oh, me? Oh, well, yeah. Let's hear from -- all right. That's all right. Okay. So a couple things, pragmatic things. I have -- I got a report of someone who lives on Donna, which is on the east side of Airport and North. CHAIRMAN FIALA: Radio Road? It's right off Radio Road. COMMISSIONER TAYLOR: Yeah. And that -- it's kind of a November 15, 2016 Page 116 field day for cut-throughs and traffic and a lot of stuff going on there. So maybe we could have staff take a look at that. And I'm not suggesting closing roads, but I am suggesting that they -- this neighborhood is sort of under assault right now and needs some maybe traffic calming or something like that, and I'd like a report back. CHAIRMAN FIALA: They put some signs in there a few years back where it used to be that the people coming out of the production park would come right on through and, you know, cut all the way through down to Davis Boulevard, and so then the sign said you couldn't turn -- you couldn't go straight through. You had to turn onto Radio Road one way or the other. But I don't know how many people adhere to those signs anymore. I was behind a line of four of them. I'm the only one that turned so -- and everybody went straight. COMMISSIONER TAYLOR: Okay. CHAIRMAN FIALA: So maybe we could let the Sheriff's Office know about that. COMMISSIONER TAYLOR: Also maybe to see if there -- you know, traffic calming, I don't know. I mean, it works on Estey. You know, you put those wonderful -- those traffic-calming bumps on the road, and if you go over too fast, you launch into the air; it works perfectly there. So maybe that's what needs to be done. It's just neighbors need some relief. And then I understand in our affordable housing board, the City of Naples doesn't have a seat on it. Now, this was reported to me, and I'm not sure why that happened. And I don't think they were thrown off or anything like that, but is that something we could check on? I think they would like to have a seat on our Affordable Housing Coalition. And then, finally -- and I say this with a great deal of respect for our chairman -- what if we, as a county, could design, not all the time, November 15, 2016 Page 117 but design workforce housing where we wanted and who we wanted to go in there. Would that be of interest? COMMISSIONER HILLER: Oh, my God. COMMISSIONER TAYLOR: Because the state -- CHAIRMAN FIALA: You mean pick and choose? COMMISSIONER TAYLOR: Well, if -- what it is, is the governor's office is supporting this kind of ability to -- and it isn't -- it isn't going to be -- it's going to be one project a year, it's with sale money; the county has to participate in it. And what it does is you -- the land would be identified, and the financing would come together. But we, as a county, could say we want elderly housing here. We want workforce housing here. This is where -- and it's rentals. This isn't buy. This is rentals. Would that be of interest? To me it's -- CHAIRMAN FIALA: Would that be -- COMMISSIONER TAYLOR: Of interest to have staff explore that? CHAIRMAN FIALA: Would that be violating anything? MR. KLATZKOW: Working with the County Manager, we can implement most of what anything you'd want to do. It's just how you do it. It's just direction of the Board. CHAIRMAN FIALA: I see. COMMISSIONER TAYLOR: So it is affordable housing, but it doesn't have to be -- it could be -- we could define who we want and what we wanted there. And the reason I'm saying this is not only do we have to have the rural landowners looking at infrastructure and what we need as a county going forward, I think, because of the acreage out there, there is possibilities to identify land. And I'm not talking about thousands of acres. We were -- we had a presentation from a gentleman, John Rude, who is doing this. And, you know, he needs nine acres. But it seems to me as we go forward November 15, 2016 Page 118 and developers come to us and ask us for things, ask us to move things around to make something work, it would be an opportunity to ask them to participate in this. CHAIRMAN FIALA: I'd like to see a presentation of whatever you're talking about. COMMISSIONER TAYLOR: Right. CHAIRMAN FIALA: And you're talking about targeting a certain area and you're saying the rural lands; is that what you're saying? COMMISSIONER TAYLOR: Well, the rural lands come to mind because there's tens of thousands of acres, and the development could be 10,000 acres. Well, certainly, they might have maybe three or four 9-acre plots somewhere that they would decide, but they would be kind of turnkey. They'd be ready to be built on. COMMISSIONER HILLER: Can I make a suggestion that you reserve this for another workshop -- COMMISSIONER TAYLOR: No, you cannot. COMMISSIONER HILLER: -- another board? Well, I mean, I don't know why we're talking -- this is something that none of us know anything about. You're throwing out an idea. I mean, just bring it back and let the new board address it. I mean, three of us are leaving. COMMISSIONER TAYLOR: Our chairman has said that she'd like to take -- have that -- CHAIRMAN FIALA: Yeah, I think that we could discuss it. I think that we can talk to the County Manager and see about setting something up. We have a new board coming on. It will take them a little bit to get up to it. COMMISSIONER TAYLOR: Right. CHAIRMAN FIALA: But maybe -- you know, maybe in the end of January or something like that we could have some kind of a discussion. November 15, 2016 Page 119 I know we need senior housing, and we never plan on senior housing, and we sure do need it. But, anyway, thank you very much. COMMISSIONER TAYLOR: You're welcome. And that's it. And thank you. You know, we have Sunshine laws, so this is the opportunity to speak to you. CHAIRMAN FIALA: It's the only time. COMMISSIONER TAYLOR: Thank you. CHAIRMAN FIALA: Yes, you. COMMISSIONER NANCE: Well, thank you. You know, I will certainly go down in history as a short-timer as far as county commissioners in Collier County have gone. Some county commissioners have had and enjoy great tenure and accomplish many things over many years, while my service will be relatively short. I would like to tell each of you that even in the worst of circumstances, I have enjoyed working together with you. I think together we have accomplished many important things, and we've certainly had many detailed and important conversations, and I think those conversations have been valuable and many of them were things that needed to be said. I would like to thank you for your great collegiality and your great courtesy that you've extended to me. I would also like to thank Collier County staff individually for the courtesy that they've extended to me, not because I've been a county commissioner, because I see it in their eyes. They extended a great deal of personal courtesy to me, and I thank you for that. You've made my service as somebody that is an old operations coming from an agribusiness management background, you've helped me make my service to the community much more meaningful and my experience here very gratifying, and I want to give you my personal thanks for that. November 15, 2016 Page 120 I would also like to give a shout out to all the people that work in Collier County and Collier County Government and service that work in operations and work on a day-to-day basis and know that I tried to do my very best for you to make sure that the decisions I made while I've been here and the decisions that this board made gave every consideration to you, the people that quietly and without a lot of fanfare make this county so great. They actually take the policies of the Board and the direction of the management of the county and put it into form and function to make this county great by the services that are provided. This is not an easy task. I well know it. It was my life's work for most of my adult life. And I want to thank you for your dedication to do that. And with that said, I've -- it's been a very great experience for me, and, like Commissioner Henning, I learned a lot. I had to be a quicker study maybe than he did because I had a shorter shot at it but, you know, it's enriched my life. And to the extent that I've made a small contribution to everybody's well-being and to our community, I'm very grateful for the opportunity. Thank you so very much. CHAIRMAN FIALA: Well, with that -- oh, I have a couple little things here. This is just not as sentimental and as beautiful as that. We have in the background some new artistry. It's photography art. Morris Herstein is a self-taught artist using digital color and infrared photography that produces a vivid quality with unique high contrast appearance, and so that is the name of our artist that is being designated this room today. That's the first thing. Second thing is -- you know what, I'm going to keep this. I wanted to bring this up because it's talking about sea level rise and so forth, but I think I'll just wait till the next board comes on and I can do it. I know that the Naples Daily News is doing an ex part -- not ex November 15, 2016 Page 121 parte -- an expose where our beaches are, the erosion and so forth, but I'll wait till next meeting to talk about that because -- the third thing I wanted to say was, look at this neat shovel. Is that the coolest thing? I never saw one like that before. I went to a ground breaking over at the garden school down on Bayshore, and this is the shovel that David Corbett (phonetic) gave to everybody that was there. I thought it was so cool, so I'm showing you that. And, lastly, board members that are leaving, you surely, surely will be missed. It's been a great ride. We've had our ups, we've had our downs. Like Commissioner Henning said, he's done some things wrong. Boy, haven't we all, and he's not alone in that market. We all do things that we wish we could change at times. Maybe not you, but I don't know. COMMISSIONER NANCE: Oh, ma'am, look, Mrs. Nance -- I want to tell you something. Mrs. Nance -- let me tell you the circumstance I find myself in. And, you know, I find you at -- you know, you might be responsible for some of this. But she has got, like, pages of agenda items that have been continued for a very long time, and I'm afraid those are going to come circling back to me now, so... CHAIRMAN FIALA: Oh, you mean the "honey do" list? COMMISSIONER NANCE: I mean recommendations. CHAIRMAN FIALA: Anyways, so I thank you all for all the goodness you've brought into my life, and it's been a great joy working with everybody, and make sure that you hang around here and there. Commissioner Henning, I'm sure we'll get to meet -- well, work together a little bit here or there through the fire, because I'm sure that you guys will be coming back for different things. COMMISSIONER HENNING: Well, I have to wait for two years, but... CHAIRMAN FIALA: Oh, do you? November 15, 2016 Page 122 COMMISSIONER HENNING: Yeah. Well, lobbying, but -- I can't lobby the Board of County Commissioners for two years, even as my new capacity as a fire commissioner. CHAIRMAN FIALA: Even though you're elected and everything? COMMISSIONER HENNING: Yeah. But we can have lunch, though. CHAIRMAN FIALA: Good, okay. I can do that. All right, folks. So with that, County Manager? MR. OCHS: We look forward to seeing you-all at 2 o'clock at the museum for a nice little send-off. CHAIRMAN FIALA: Anything else, County Attorney? MR. KLATZKOW: No, ma'am. CHAIRMAN FIALA: Thank you-all for being here today. With that, meeting is adjourned. **** Commissioner Henning moved, seconded by Commissioner Taylor and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 A TEMPORARY LICENSE AND RIGHT OF ENTRY AGREEMENT WITH THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT AND AUTHORIZE THE CHAIRMAN TO EXECUTE SAME ON BEHALF OF THE BOARD (FISCAL IMPACT: NONE) – LOCATED IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 25 EAST Item #16A2 November 15, 2016 Page 123 TWO SIDEWALK EASEMENTS ASSOCIATED WITH MERIDIAN VILLAGE ASSISTED LIVING NKA BEACH HOUSE ASSISTED LIVING AND MEMORY CARE, APPLICATION NUMBER 20130001021 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A3 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $32,000 WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20160000521) FOR WORK ASSOCIATED WITH ISLES OF COLLIER PRESERVE PHASE 8 – A RECENT INSPECTION CONFIRMED THAT THE DEVELOPER HAS FULFILLED THE COMMITMENTS Item #16A4 THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $14,000 TO LB MEDITERRA, LLC WHICH WAS POSTED AS A DEVELOPMENT GUARANTY FOR AN EARLY WORK AUTHORIZATION (EWA) (PL20160000141) FOR WORK ASSOCIATED WITH ISLES OF CAMINETTO AT MEDITERRA – A RECENT INSPECTION CONFIRMED THAT THE DEVELOPER HAS FULFILLED THE COMMITMENTS Item #16A5 THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE AMOUNT OF $50,400 TO IMPERIAL GOLF CLUB WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT November 15, 2016 Page 124 NUMBER 60.134, PL20150002789, FOR WORK ASSOCIATED WITH THE IMPERIAL GOLF COURSE – THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKES HAVE BEEN INSPECTED BY STAFF Item #16A6 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $33,940 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.902- 2, PL20140001692 FOR WORK ASSOCIATED WITH MAPLE RIDGE RESERVE AT AVE MARIA PHASE 1 – THE AS-BUILT LAKE CROSS SECTIONS HAVE BEEN RECEIVED AND THE LAKES HAVE BEEN INSPECTED BY STAFF Item #16A7 THE CHAIRMAN TO SIGN A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND THE BERKSHIRE LAKES MASTER ASSOCIATION, INC. FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE RADIO ROAD PUBLIC RIGHT- OF-WAY - THE LOCATION OF THE LANDSCAPE AND IRRIGATION IMPROVEMENTS ARE DEPICTED AND OUTLINED IN THE AGREEMENT Item #16A8 RESOLUTION 2016-239: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF QUARRY PHASE 2, APPLICATION November 15, 2016 Page 125 NUMBER AR-7849, WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED, ACCEPTANCE OF THE PLAT DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A9 RESOLUTION 2016-240: FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF CAMDEN LAKES PHASE 2, APPLICATION NUMBER PL20130000523 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A10 RESOLUTION 2016-241: FINAL APPROVAL OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE FINAL PLAT OF SENECA AT TALIS PARK APPLICATION NUMBER PL20130000311 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A11 FINAL PLAT OF DEL WEBB NAPLES PARCEL 213, (APPLICATION NUMBER PL20160001636) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE November 15, 2016 Page 126 AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A12 RECORD THE FINAL PLAT OF GREYHAWK AT GOLF CLUB OF THE EVERGLADES PHASE 2, APPLICATION NUMBER PL20160000470 APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – LOCATED IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 27 EAST Item #16A13 FINAL PLAT OF AUDUBON COUNTRY CLUB UNIT 3 - ADDITION, (APPLICATION NUMBER PL20150002719) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – W/STIPULATIONS Item #16A14 THE EXCAVATION OF 25,000 CUBIC YARDS AND OFF-SITE REMOVAL OF UP TO 40,000 CUBIC YARDS OF FILL MATERIAL FROM LELY RESORT TRACT 54 COMMERCIAL EXCAVATION PERMIT APPLICATION PL20160001004 – TO QUAIL WEST GOLF AND COUNTY CLUB THAT WILL TAKE TWO MONTHS AT 60 TRUCKS PER DAY TO COMPLETE THE November 15, 2016 Page 127 REMOVAL AND HAUL OF APPROXIMATELY 18 MILES Item #16A15 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $358,881.43 FOR PAYMENT OF $1,814.43 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. BRUCE LAMCHICK, TR., CODE ENFORCEMENT BOARD CASE NO. CESD20100022396 RELATING TO PROPERTY LOCATED AT 4320 62ND AVENUE, NE, COLLIER COUNTY, FLORIDA – FOR A CODE VIOLATION THAT CONSISTED OF INCOMPLETE SINGLE FAMILY HOME WITH AN EXPIRED BUILDING PERMIT THAT WAS BROUGHT INTO COMPLIANCE ON AUGUST 22, 2016 Item #16A16 FINAL ACCEPTANCE OF THE POTABLE WATER FACILITIES FOR GLEN EAGLE MAINTENANCE FACILITY, PL20130001165, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $7,635.35 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – LOCATED IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST Item #16A17 November 15, 2016 Page 128 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR PONZIANE, PL20150001589, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION WAS CONDUCTED ON SEPTEMBER 30, 2016 BY STAFF IN COORDINATION WITH PUBLIC UTILITIES AND FOUND TO BE ACCEPTABLE AND SATISFACTORY Item #16A18 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR CASORIA, TREVI PHASE 1, PL20150001534, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $53,826.66 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION WAS CONDUCTED ON SEPTEMBER 30, 2016 BY STAFF IN COORDINATION WITH PUBLIC UTILITIES AND FOUND TO BE ACCEPTABLE AND SATISFACTORY Item #16A19 FINAL ACCEPTANCE OF THE WATER AND SEWER FACILITIES FOR CASORIA, PL20150001075, ACCEPT November 15, 2016 Page 129 UNCONDITIONAL CONVEYANCE OF A PORTION OF THE WATER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $25,606.10 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION WAS CONDUCTED ON SEPTEMBER 30, 2016 BY STAFF IN COORDINATION WITH PUBLIC UTILITIES AND FOUND TO BE ACCEPTABLE AND SATISFACTORY Item #16A20 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR PONTE RIALTO, PL20150000321, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION WAS CONDUCTED ON SEPTEMBER 9, 2016 BY STAFF IN COORDINATION WITH PUBLIC UTILITIES AND FOUND TO BE ACCEPTABLE AND SATISFACTORY Item #16A21 FINAL ACCEPTANCE OF THE WATER AND SEWER UTILITY FACILITIES FOR TUSCANY POINTE, PHASE 1, PL20140002512, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO November 15, 2016 Page 130 THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – FINAL INSPECTION WAS CONDUCTED ON SEPTEMBER 22, 2016 BY STAFF IN COORDINATION WITH PUBLIC UTILITIES AND FOUND TO BE ACCEPTABLE AND SATISFACTORY Item #16A22 RESOLUTION 2016-242: POST PROJECT MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE MAINTENANCE OF SIDEWALKS CONSTRUCTED AS PART OF THE “SAFE ROUTE TO SCHOOL” PROGRAM AT PINE CREST ELEMENTARY ON THE EAST SIDE OF SOUTH 7TH STREET, 4TH STREET, 3RD STREET, AND 2ND STREET FROM DELAWARE AVENUE WEST TO COLORADO AVENUE, UPON COMPLETION OF FDOT FINANCIAL PROJECT NO. 430922-1- 52-01, AND A RESOLUTION AUTHORIZING THE CHAIRMAN TO SIGN THE AGREEMENT Item #16A23 RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $158,656.43 FOR PAYMENT OF $450 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. REBECCA ROACH, CODE ENFORCEMENT BOARD CASE NO. CEPM20150015224 RELATING TO PROPERTY LOCATED AT 4161 GOLDEN GATE PARKWAY, COLLIER COUNTY, FLORIDA – FOR A CODE VIOLATION THAT CONSISTED OF AN OCCUPIED DWELLING WITH NO WATER SERVICE, ELECTRICITY, November 15, 2016 Page 131 BROKEN WINDOWS (UNIT #4) WHICH WERE BROUGHT INTO COMPLIANCE ON JUNE 3, 2016 Item #16A24 THE CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $1,000,000 TO WCI COMMUNITIES, LLC., WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.739-1, PL20140002101 FOR WORK ASSOCIATED WITH LAMORADA F/K/A INDIAN HILL ESTATES – THE AS-BUILT LAKE CROSS SECTION HAVE BEEN RECEIVED; THE LAKES HAVE BEEN INSPECTED BY THE DEVELOPMENT REVIEW STAFF Item #16A25 RESOLUTION 2016-243: 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 #16A26 November 15, 2016 Page 132 RESOLUTION 2016-244: REQUESTING THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MODIFY EXISTING DESTINATION GUIDE SIGNS ERECTED ON INTERSTATE 75 (I-75) AT OR NEAR EXIT 111 (IMMOKALEE ROAD) FROM “NAPLES PARK” TO “NORTH NAPLES” Item #16A27 RIGHT-OF-ENTRY AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ALLOW FOR CONNECTION AND DRAINAGE IMPROVEMENTS TO COMPLEMENT A SIDEWALK ALONG U.S. 41 – FROM PINE RIDGE TO PELICAN BAY BOULEVARD Item #16A28 RECOGNIZING CARRY FORWARD FUNDING FOR THE COLLIER METROPOLITAN PLANNING ORGANIZATION (MPO) IN THE AMOUNT OF $10,151.08, EARNED FROM THE FY 2015/16 TRANSPORTATION DISADVANTAGED PLANNING GRANT, AND TO APPROVE ALL RELATED NECESSARY BUDGET AMENDMENTS Item #16A29 THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) AGREEMENT NO. 4600003476 AND TO AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS TO RECOGNIZE GRANT FUNDING IN THE AMOUNT OF UP TO $800,000 FOR THE CONSTRUCTION OF THE HALDEMAN CREEK WEIR REPLACEMENT PROJECT (PROJECT #60103) –THE November 15, 2016 Page 133 AGREEMENT WILL COMMENCE ON DECEMBER 1, 2016 AND SHALL TERMINATE ON NOVEMBER 30, 2017 Item #16A30 AWARD WORK ORDER NO. 14-6213-77, TO HASKINS INC., FOR THE EAGLE CREEK WEIR REFURBISHMENT IN THE AMOUNT OF $ 223,806 (PROJECT NO. 60124) – THIS CONTRACT WILL EXPIRE ON JULY 7, 2018 Item #16A31 A BUDGET AMENDMENT TO RECOGNIZE CARRY FORWARD FOR PROJECTS WITHIN THE TRANSPORTATION SUPPORTED GAS TAX FUND (313) AND TRANSPORTATION & CDES CAPITAL FUND (310) IN THE AMOUNT OF 328,050.99 (PROJECTS #60066, #60085, #69333, #69336 AND #60132) Item #16A32 THE CHAIRMAN TO EXECUTE CONTRACT #16-6588 FOR CONSTRUCTION ENGINEERING AND INSPECTION (CEI) AND RELATED SERVICES FOR THE LOGAN BOULEVARD EXTENSION PROJECT TO KCCS, INC. IN THE AMOUNT OF $443,954 (PROJECT NO. 33464) – FOR THE EXTENSION OF AZALEA DRIVE TO THE COLLIER/LEE COUNTY LINE Item #16A33 ACKNOWLEDGE AND CONDITIONALLY APPROVE THE CONDITIONS OF SUPPORT AS OUTLINED IN THE November 15, 2016 Page 134 NOVEMBER 3, 2016 CORRESPONDENCE BETWEEN COLLIER COUNTY AND THE FLORIDA FORESTRY SERVICE (FFS) FOR FFS SUPPORT OF THE RESTORE COMPREHENSIVE WATERSHED IMPROVEMENT CONCEPTUAL PLAN – REDUCING FRESHWATER FLOWS TO NAPLES BAY, REHYDRATE APPROXIMATLEY 10,000 ACRES OF PICAYUNE STRAND STATE FOREST, RESTORE HISTORIC FRESHWATER FLOWS TO ROOKERY BAY AND IMPROVE WATER QUALITY THROUGHOUT THE ENTIRE WATERSHED Item #16A34 THE CHAIRMAN TO SIGN A LETTER OF CONCURRENCE FOR THE BIG CYPRESS NATIONAL PRESERVE’S PROPOSED BURMESE PYTHON CAPTURE PROGRAM – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A35 AUTHORIZE THE COOPERATIVE PURCHASE OF SOFTWARE AND EQUIPMENT FROM RHYTHM ENGINEERING, INC., FOR CR31 (AIRPORT-PULLING ROAD) THROUGH A LOCAL AREA PROGRAM (LAP) AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND COLLIER COUNTY FROM FDOT STATEWIDE CONTRACT #ITB-DOT- 1516-9005-GH. FDOT FINANCIAL PROJECT NO. 430871-1-98- 01 AND COLLIER COUNTY PROJECT NO. 33475; ESTIMATED PRODUCTS VALUE OF $427,000 – FROM GLADES BOULEVARD TO LONGBOAT DRIVE Item #16C1 November 15, 2016 Page 135 A SETTLEMENT AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE AMOUNT OF $3,778.60 TO RECONCILE PAYMENT FOR SERVICES RENDERED BY COUNTY STAFF RELATED TO REGULATION OF UNDERGROUND STORAGE TANKS Item #16C2 AWARD INVITATION TO BID 16-6609, “SEWAGE HAULING” TO SOUTHERN SANITATION, INC., AS PRIMARY CONTRACTOR, AND MARLIN ENVIRONMENTAL, INC. D/B/A A1 GATOR SEPTIC, AS SECONDARY Item #16C3 A $444,850 WORK ORDER UNDER REQUEST FOR QUOTATION #14-6213-79 TO DOUGLAS N. HIGGINS, INC., TO REPLACE AERATION EQUIPMENT UNDER WATER RECLAMATION FACILITIES TECHNICAL SUPPORT (PROJECT NUMBER 70148) – THE AERATORS ARE APPROXIMATLEY 21 YEARS OLD AND HAVE REACHED THE END OF THEIR USEFUL LIVES Item #16D1 RESOLUTION 2016-245: A RESOLUTION REPEALING ALL PREVIOUS RESOLUTIONS ESTABLISHING AND AMENDING PARTS OF THE COLLIER COUNTY PARKS AND RECREATION DIVISION FACILITIES AND OUTDOOR AREAS November 15, 2016 Page 136 LICENSE AND FEE POLICY AND ESTABLISHING THE POLICY A NEW TO MODIFY THE FITNESS MEMBERSHIP CORPORATE DISCOUNT TO INCLUDE NOT-FOR-PROFIT ORGANIZATIONS Item #16D2 THE CHAIRMAN TO SIGN ONE SATISFACTION OF MORTGAGE FOR AN OWNER-OCCUPIED AFFORDABLE HOUSING UNIT THAT HAS SATISFIED THE 5 YEAR AFFORDABILITY PERIOD FOR WHICH NO REPAYMENT IS REQUIRED TO THE COLLIER COUNTY HOME INVESTMENT PARTNERSHIP PROGRAM IN THE AMOUNT OF $7,198.67 - LOCATED AT 2875 35TH AVE NE, NAPLES Item #16D3 TWO STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM IMPACT FEE RELEASES OF LIEN IN THE COMBINED AMOUNT OF $13,868.34 FOR THE ASSOCIATED OWNER-OCCUPIED AFFORDABLE HOUSING UNITS WHERE THE OBLIGATIONS HAVE BEEN REPAID IN FULL BY THE HOMEOWNERS – LOCATED AT 5306 TRAMMEL STREET AND AT 5246 MCCARTHY STREET, BOTH IN NAPLES Item #16D4 RECOGNIZING CARRYFORWARD INTEREST EARNINGS AND APPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $480.67 – FOR THE PERIOD BETWEEN JUNE 30, 2016 THROUGH SEPTEMBER 30, 2016 November 15, 2016 Page 137 Item #16D5 THREE MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $37,480 – LOCATED AT 1270 16TH STREET NE, NAPLES; 942 EVERGLADES BLVD S, NAPLES AND 1820 LEED AVE, IMMOKALEE Item #16D6 AWARD REQUEST FOR QUOTE NO. 17-7045 “CARNIVAL CONCESSION FOR COLLIER COUNTY PARKS AND RECREATION SPECIAL EVENTS” AND AUTHORIZE THE CHAIRMAN TO EXECUTE A CONTRACT WITH UNITED MIDWAYS, LLC – A ONE YEAR AGREEMENT Item #16D7 AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE SERVICES FOR SENIORS OLDER AMERICANS ACT TITLE IIIC1 PROGRAM AND APPROVE A BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING FOR FY 2016 (FISCAL IMPACT $2,222.23) – FOR UNINTERRUPTED SUPPORT SERVICES OF CONGREGATE MEALS FOR COLLIER ELDERLY CLIENTS Item #16D8 November 15, 2016 Page 138 AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE SERVICES FOR SENIORS OLDER AMERICANS ACT TITLE IIIC1, TITLE IIIB AND TITLE IIIE PROGRAMS AND APPROVE BUDGET AMENDMENTS TO ENSURE CONTINUOUS FUNDING FOR FY 2016. (FISCAL IMPACT OF THE OAA PROGRAMS OF $5,000.00 AND LOCAL MATCH FUNDING OF $555.57) – FOR UNINTERRUPTED SUPPORT SERVICES TO COLLIER ELDERLY CLIENTS Item #16D9 AN "AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE SERVICES FOR SENIORS COMMUNITY CARE FOR THE ELDERLY PROGRAM (NO FISCAL IMPACT) – FOR UNINTERRUPTED SUPPORT SERVICES TO COLLIER ELDERLY CLIENTS Item #16D10 AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. FOR THE SERVICES FOR SENIORS NUTRITION SERVICES INCENTIVE PROGRAM AND APPROVE A BUDGET AMENDMENT TO ENSURE CONTINUOUS FUNDING FOR FY 2016 (NET FISCAL IMPACT $24,472.77) – FOR UNINTERRUPTED SUPPORT SERVICES TO COLLIER ELDERLY CLIENTS November 15, 2016 Page 139 Item #16D11 AWARD INVITATION TO BID (ITB) NO. 16-7014R, LAZY RIVER POOL REPAIR AND RESURFACE, TO AU MILLER POOLS IN THE AMOUNT OF $396,271 AND AUTHORIZE THE CHAIR TO EXECUTE THE CONTRACT – LOCATED AT THE NORTH COLLIER REGIONAL PARK Item #16D12 RESOLUTION 2016-246: STAFF TO HIRE A DESIGN CONSULTANT UNDER CONTRACT TO PROVIDE A CONCEPTUAL DESIGN OF AN ATV PARK AT IMMOKALEE AIRPORT AND DEVELOP AND INCLUDE A SCOPE FOR A CONSULTANT TO SEEK INPUT FROM USFWS ON PERMITTING AND MITIGATION CONSIDERATIONS FOR THE DESIGN TO MINIMIZE COSTS ASSOCIATED WITH PHUS AND OTHER REGULATED SPECIES AND APPROVES A RESOLUTION EXTENDING THE AD HOC COMMITTEE TO UNTIL THE COMPLETION DATE OF THE PROJECT Item #16E1 AWARD INVITATION TO BID (ITB) #16-6678 “COMPUTERS FOR COLLIER COUNTY” TO STAPLES CONTRACT & COMMERCIAL, INC., CDW GOVERNMENT LLC, AND COMPUTERS AT WORK, INC. D/B/A VTECHIO – REPLACING DESKTOP, TABLET AND NOTEBOOK COMPUTERS USED BY VARIOUS COUNTY DEPARTMENTS/DIVISIONS Item #16E2 November 15, 2016 Page 140 THE CHAIRMAN TO SIGN THE ASSUMPTION AGREEMENT FROM GARFIELD FAMILY FUNERAL & CREMATION SERVICES, INC., TO GENDRON FUNERAL & CREMATION SERVICES INC., AS IT RELATES TO ITB #14-6310 “BURIAL AND CREMATION SERVICES.” – FOR BURIAL SERVICES FOR THE INDIGENT COMMUNITY AND THE UNCLAIMED DECEASED OF COLLIER COUNTY Item #16E3 RATIFY PROPERTY, CASUALTY, WORKERS’ COMPENSATION AND SUBROGATION CLAIM FILES SETTLED AND/OR CLOSED BY THE RISK MANAGEMENT DIVISION DIRECTOR PURSUANT TO RESOLUTION #2004-15 FOR THE FOURTH QUARTER OF FY16 Item #16E4 AN ASSIGNMENT AND AMENDMENT OF LEASE AGREEMENT TO ACKNOWLEDGE THE NEW OWNER OF UNIT 201, COURT PLAZA III, AS IT RELATES TO A LEASE AGREEMENT WITH COLLIER COUNTY Item #16E5 RECOGNIZING CARRY-FORWARD FROM ACCRUED INTEREST EARNED BY EMS COUNTY GRANT REVENUE AND APPROPRIATE FUNDS FOR A TOTAL AMOUNT OF $146.05 - FOR THE PERIOD BETWEEN JULY 1, 2016 THROUGH SEPTEMBER 30, 2016 November 15, 2016 Page 141 Item #16E6 AN AMENDMENT TO AGREEMENT #12-5874 FOR EMS BILLING TO ADD CONSULTING SERVICES FOR THE PURPOSE OF ENROLLMENT IN THE FLORIDA EMS PUBLIC EMERGENCY MEDICAL TRANSPORTS MEDICAID PROGRAM Item #16E7 AUTHORIZING THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE REPEALING AND REPLACING THE PUBLIC SAFETY AUTHORITY ORDINANCE NO. 2012-23, AS AMENDED, FOR THE PURPOSE OF REESTABLISHING THE PUBLIC SAFETY AUTHORITY AS THE EMERGENCY MEDICAL AUTHORITY AND BRING BACK SUCH ORDINANCE FOR FUTURE BOARD CONSIDERATION Item #16E8 THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS, SURPLUS PROPERTY AND OTHER ITEMS AS IDENTIFIED – THE CHANGE ORDERS REPORT COVERS THE PERIOD OF SEPTEMBER 30, 2016 THROUGH OCTOBER 21, 2016 AND THE SURPLUS REPORT COVERS THE PERIOD OF OCTOBER 5, 2016 THROUGH OCTOBER 25, 2016 Item #16E9 November 15, 2016 Page 142 THE COLLECTIVE BARGAINING AGREEMENT BETWEEN COLLIER COUNTY AND THE COLLIER EMS/ FIRE BARGAINING UNIT, SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS AND PARAMEDICS, LOCAL 1826, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INCORPORATED - COMMENCING THE DATE OF APPROVAL BY THE BOARD THROUGH SEPTEMBER 30, 2019 Item #16E10 AWARD ITB #16-6665 IT COMMUNICATION SERVICES: VOICE & DATA TO CENTURY LINK, WAIVE MINOR IRREGULARITIES IN THE BID PROCESS, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACTS Item #16E11 AUTHORIZING PAYMENT OF OUTSTANDING INVOICES UNDER QUANTUM MERUIT FOR CONTRACT #14-6307 – ANNUAL CONTRACT FOR GENERAL CONTRACTOR SERVICES FOR PROJECTS TO PBS CONTRACTORS Item #16F1 TOURIST DEVELOPMENT TAX CATEGORY “B” FUNDING TO SUPPORT EIGHT UPCOMING FY 17 SPORTS EVENTS UP TO A TOTAL OF $68,200.00 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – FOR THE FOLLOWING: DECEMBER 9-11, 2016, FLORIDA STATE PICKLEBALL CHAMPIONSHIP AT THE EAST NAPLES COMMUNITY PARK; DECEMBER 10-11, 2016, SPORTS November 15, 2016 Page 143 RECRUITING SHOWCASE AT THE NORTH COLLIER REGIONAL PARK; JANUARY 2-8, 2017, NFHCA – WINTER ESCAPE AT THE NORTH COLLIER REGIONAL PARK; JANUARY 6-8, 2017, THE HITS TRIATHLON; JANUARY 14-16, 2017, DIMITRI CUP – 1ST WEEKEND AT THE NORTH COLLIER REGIONAL PARK; JANUARY 21-22, 2017, DEMITRI CUP 2ND WEEKEND AT THE NORTH COLLIER REGIONAL PARK; JANUARY 28-29, 2017, DIMITRI CUP 3RD WEEKEND AT THE NORTH COLLIER REGIONAL PARK AND ON JANUARY 27- 29, 2017, WINTER CLASSIC PICKLEBALL TROUNAMENT AT THE EAST NAPLES COMMUNITY PARK Item #16F2 TOURIST DEVELOPMENT TAX CATEGORY “B” FUNDING TO SPONSOR THE GULFSHORE HOLIDAY HOOPFEST AND THE NAPLES HOLIDAY SHOOTOUT BASKETBALL TOURNAMENTS, TOTALING $13,500.00 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – THE GULFSHORE HOLIDAY HOOPFEST ON DECEMBER 27- 30, 2016, AT GOLDEN GATE HIGH SCHOOL AND BARRON COLLIER HIGH SCHOOL; THE NAPLES HOLIDAY SHOOTOUT ON DECEMBER 27-30, 2016, AT THE COMMUNITY SCHOOL OF NAPLES Item #16F3 RESOLUTION 2016-247: A RESOLUTION APPROVING THE AMENDMENT OF RESOLUTION 2006-12, COLLIER COUNTY’S FAST TRACK PERMIT REVIEW PROGRAM, TO November 15, 2016 Page 144 EXPEDITE DEVELOPMENT ORDERS OR PERMITS FOR PRIMARY EMPLOYERS Item #16F4 RESOLUTION 2016-248: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2016-17 ADOPTED BUDGET Item #16F5 AWARD REQUEST FOR PROPOSAL (RFP) #16-6666, FOR THE ACQUISITION OF A CUSTOMER EXPERIENCE MANAGEMENT SOFTWARE AND SURVEY SYSTEM, TO QUALTRICS LLC., IN THE AMOUNT OF $67,000 – TO GATHER FEEDBACK FROM INTERNAL AND EXTERNAL CUSTOMERS AND MEASURE CUSTOMER SATISFACTION LEVELS AND IDENTIFY WAYS TO IMPROVE THE DELIVERY OF AMENITIES AND SERVICES Item #16G1 A SITE LICENSE AGREEMENT WITH CENTER RING CIRCUS, INC. FOR A BIG TOP CIRCUS EVENT AT THE IMMOKALEE REGIONAL AIRPORT – ON JANUARY 25-26, 2017 Item #16G2 THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY APPROVE A SITE November 15, 2016 Page 145 LICENSE AGREEMENT WITH WANNAGOFAST, LLC., TO CONDUCT AN EXOTIC AUTO RACING EVENT AT THE IMMOKALEE REGIONAL AIRPORT – ON MARCH 24-27, 2017 Item #16G3 THE FIRST AMENDMENT TO A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY (CCAA) AND FIVE ENVIRONMENTAL SIGNATORIES TO THE DELTONA AGREEMENT, ALONG WITH A CONSERVATION EASEMENT IN FAVOR OF THE ENVIRONMENTAL SIGNATORIES (COMPANION TO AGENDA ITEMS 17.F AND 17.G) – LOCATED IN SECTION 26 AND 35, TOWNSHIP 51 SOUTH, RANGE 26 EAST Item #16J1 ENDORSE THE UNITED STATES DEPARTMENT OF JUSTICE AND UNITED STATES DEPARTMENT OF TREASURY COMBINED EQUITABLE SHARING AGREEMENT AND CERTIFICATION THROUGH SEPTEMBER 30, 2017 Item #16J2 PURCHASING CARD PROCUREMENTS AND LIST OF INVOICES NOT PREVIOUSLY APPROVED BY THE BOARD AS TO PUBLIC PURPOSE, FOR WHICH THE CLERK HAS SUBSTANTIALLY COMPLETED HIS AUDIT Item #16J3 November 15, 2016 Page 146 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 OCTOBER 13 TO NOVEMBER 2, 2016 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J4 REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED SEPTEMBER 30, 2016 Item #16K1 RESOLUTION 2016-249: REAPPOINTING ONE MEMBER TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE – REAPPOINTING WILLIAM SJOSTROM WITH TERM EXPIRING ON NOVEMBER 13, 2020 Item #16K2 RESOLUTION 2016-250: REAPPOINTING ONE MEMBER TO THE HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD – REAPPOINTING CRAIG R. WOODWARD WITH TERM EXPIRING ON OCTOBER 1, 2019 Item #16JK3 RESOLUTION 2016-251: APPOINTING A MEMBER TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE – November 15, 2016 Page 147 APPOINTING FLORENCE HOLMES TO FILL THE REMAINDER OF A VACANT TERM THAT WILL EXPIRE ON OCTOBER 6, 2017 Item #16K4 RESOLUTION 2016-252: APPOINTING ONE NEW MEMBER AND RECLASSIFY ONE CURRENT MEMBER OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE – RECLASSIFYING JOSEPH SCHMITT AS THE CCPC REPRESENTATIVE KEEPTING HIS CURRENT TERM EXPIRING ON OCTOBER 1, 2018 AND APPOINTING MARY WALLER TO FILL THE VACATED RESIDENT IN JURISDICTION WITH TERM EXPIRING ON OCTOBER 1, 2017 Item #16K5 REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS DIRECT THE COLLIER COUNTY HEALTH FACILITIES AUTHORITY TO DISBURSE GRANT FUNDS TO CERTAIN NONPROFIT HEALTH SERVICE AGENCIES Item #16K6 RESOLUTION 2016-253: APPOINTING A MEMBER TO THE COLLIER COUNTY CITIZEN CORPS – APPOINTING JAMES M. CUNNINGHAM WITH TERM EXPIRING ON NOVEMBER 5, 2017 Item #16K7 November 15, 2016 Page 148 RESOLUTION 2016-254: APPOINTING ONE MEMBER TO THE BAYSHORE/GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD – APPOINTING RON KEZESKE AS THE DAVIS BOULEVARD BUSINESS OWNER WITH TERM EXPIRING ON MAY 28, 2018 Item #16K8 THE COUNTY ATTORNEY TO ADVERTISE AND SET A PUBLIC HEARING DATE ON JANUARY 10, 2017, TO CONSIDER A PROPOSED INTEGRATION AGREEMENT THAT WOULD TRANSFER THE ORANGE TREE UTILITY COMPANY TO THE COLLIER COUNTY WATER-SEWER DISTRICT Item #17A ORDINANCE 2016-33: AN ORDINANCE ESTABLISHING THE ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES Item #17B ORDINANCE 2016-34: AN ORDINANCE ESTABLISHING THE ORANGE BLOSSOM GROVES COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO SECTION 190.005, FLORIDA STATUTES Item #17C November 15, 2016 Page 149 ORDINANCE 2016-35: AN ORDINANCE AMENDING ORDINANCE NO. 2002-09 TO INCREASE THE ACREAGE OF THE FLOW WAY COMMUNITY DEVELOPMENT DISTRICT (CDD) PURSUANT TO CHAPTER 190.046 F.S. Item #17D RESOLUTION 2016-255: PETITION VAC-PL20150002689, TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE 10-FOOT SIDEWALK EASEMENTS AND VACATE A PORTION OF THE 10-FOOT UTILITY EASEMENTS LOCATED ALONG THE BORDER OF LOTS 16, 37 & 38, OF COLLIER COUNTY PRODUCTION PARK, PHASE 1B, AS RECORDED IN PLAT BOOK 15, PAGES 7-8 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF EXCHANGE AVENUE AND PRODUCTION BOULEVARD, APPROXIMATELY 200 FEET WEST OF LIVINGSTON ROAD, IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND TO ACCEPT PETITIONER’S GRANT OF 10-FOOT SIDEWALK EASEMENTS TO REPLACE THE VACATED SIDEWALK EASEMENTS Item #17E ORDINANCE 2016-36: AN ORDINANCE AMENDING ORDINANCE NO. 2001-17, THE GRANADA SHOPPES PLANNED UNIT DEVELOPMENT BY REMOVING OUTDOOR RETAIL NURSERIES, LAWN AND GARDEN SUPPLY STORES (SIC CODE 5261) AS PROHIBITED USE; BY ADDING November 15, 2016 Page 150 INDOOR/OUTDOOR RETAIL NURSEREIS, DISPLAY OF MERCHANDISE DURING BUSINESS HOURS AS AN SCCESSORY USE; AND PROVIDING AN EFFECTIVE DATE; THE SUBJECT PROPERTYK CONSISTEING OF 39.23+/- ACRES, IS LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND IMMOKALEE ROAD IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA [PUDA-PL20160001981] Item #17F ORDINANCE 2016-37: AN ORDINANCE AMENDING ORDINANCE NUMBER 81-6, AS AMENDED, THE MARCO SHORES GOLF COURSE COMMUNITY PLANNED UNIT DEVELOPMENT (PUD), PROVIDING FOR AMENDMENT TO THE PUD DOCUMENT TO REMOVE 6.5± ACRES FROM THE PUD; PROVIDING FOR AMENDMENTS TO THE LEGAL DESCRIPTION; PROVIDING FOR AMENDMENT TO THE MASTER PLAN; PROVIDING FOR REPEAL OF RESOLUTION NO. 09-256, WHICH GRANTED A PARKING EXEMPTION AND PROVIDING FOR AN EFFECTIVE DATE FOR PROPERTY LOCATED NEAR THE MARCO ISLAND EXECUTIVE AIRPORT IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA [PUDA-PL20150002550] (COMPANION TO AGENDA ITEMS 16.G.3, 17.G AND 17.H) Item #17G ORDINANCE 2016-38: AN ORDINANCE AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH November 15, 2016 Page 151 ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM THE MARCO SHORES GOLF COURSE COMMUNITY PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO THE PUBLIC USE (P) ZONING DISTRICT FOR PROPERTY LOCATED NEAR THE MARCO ISLAND EXECUTIVE AIRPORT IN SECTION 26, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE [RZPL20160000382] (COMPANION TO AGENDA ITEMS 16.G.3, 17.F AND 17.H) Item #17H RESOLUTION 2016-256: PETITION VAC-PL20160000379 TO DISCLAIM, RENOUNCE, AND VACATE THE COUNTY AND THE PUBLIC INTEREST IN A PORTION OF THE EAST END OF THE 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. (COMPANION TO AGENDA ITEMS 17.F AND 17.G) Item #17I – Moved to Item #9B (Per Agenda Change Sheet); Motion to remain on the Summary Agenda (During Agenda Changes Per Commissioner Hiller) November 15, 2016 Page 152 ORDINANCE 2016-39: AN AMENDMENT TO ORDINANCE NO. 2010-29, THE COLLIER COUNTY PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE, TO CLARIFY ITS INTENT AS IT RELATES TO PARK AND BEACH USERS WHO ALSO WISH TO VISIT NEARBY SHOPPING AND RESTAURANTS AS PART OF THE OVERALL RECREATIONAL OPPORTUNITY FOR THAT BEACH OR PARK Item #17J RESOLUTION 2016-257: A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2016-17 ADOPTED BUDGET November 15, 2016 ***** 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 rpote j.4.04., DO A FIALA, CHAIRMAN `gid : } . BROCK, CLERK k ` . t..,;:4 P SA A l'.-"^-- Attest as to Chairman's signature only. These minutes approv y the Board on la-' 13 /1 c, , as presented or as corrected . Page 153