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Agenda 02/14/2017 Item # 2C02/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Item Summary: January 24, 2017 BCC/Regular Meeting Minutes Meeting Date: 02/14/2017 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 02/07/2017 5:01 PM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 02/07/2017 5:01 PM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 02/07/2017 9:08 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM 2.C Packet Pg. 12 January 24, 2017 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 24, 2017 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: Penny Taylor Andy Solis William L. McDaniel, Jr. Donna Fiala Burt L. Saunders 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 2.C.a Packet Pg. 13 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 2 MR. OCHS: Ladies and gentlemen, please take your seats. Madam Chair, you have a live mike. CHAIRMAN TAYLOR: Good morning, Collier County. Good morning, everyone here. It's nice to see a room full of folks here. We are going to start with our invocation, and then we are going to ask Del Ackerman to give us the Pledge of Allegiance. So let's start with our invocation, please. This is Reverend Beverly Duncan of Naples United Church of Christ. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE REVEREND DUNCAN: Good morning, everyone. IN UNISON: Good morning. REVEREND DUNCAN: Creating God, it is a new year and a new time in our lives. Prepare us for this time we are in by making us wise and generous and thoughtful, especially with one another, as we plan, deliberate, and negotiate in this body that is entrusted with the welfare of all the citizens of Collier County. Scripture tells us that you, God, are all about doing new things, and so we ask you this day to freshly work your will among us as servants of others and where we are needed. Responsibility is a tall order in this day and at this time, but with your blessing and your guidance, we can do it. May it be so. Amen and Shalom. CHAIRMAN TAYLOR: Mr. Ackerman. (The Pledge of Allegiance was recited in unison.) CHAIRMAN TAYLOR: Thank you very much, Mr. Ackerman. County Manager? 2.C.a Packet Pg. 14 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 3 Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AND SUMMARY AGENDAS.) - APPROVED AND/OR ADOPTED W/CHANGES MR. OCHS: Good morning, Madam Chair and Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of January 24th, 2017. The first proposed change is to continue Item 16F2 on your consent agenda. This is a recommendation to adopt your 2017 Strategic Plan. That request is made at Commissioner Taylor's request. I've spoken to the chair, and she wants a few additional minor changes, and we'll make those and get this back on the agenda next week. The next proposed change is to move Item 17A from your summary agenda to your consent agenda to become 16A12. This is an action to set two required hearing dates for your upcoming Land Development Code amendments. It was inadvertently placed under the summary portion of your agenda, which is your public hearing section, and it does not -- this action does not require an advertised public hearing, so we're moving it to your consent agenda. I have, actually, three time-certain items this morning, not two, as indicated on your change sheet. We're first going to hear Item 9A, then Item 11C, which is your Conservation Collier item, and that will be followed by Item 9B. All three of those items will begin immediately following Item 5A under presentations. So right after your presentation this morning of your Supervisor of the Year, we'll hear those three items in that order. 2.C.a Packet Pg. 15 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 4 Just a reminder your court reporter breaks are set for 10:30 and again at 2:50 in the afternoon if required. Item 7, public comments on general topics not on the current or future agenda are to be heard no sooner than 1 p.m. or at the conclusion of the agenda, whichever comes first. And those are all the changes I have, Madam Chair. CHAIRMAN TAYLOR: Thank you very much. MR. OCHS: County Attorney? MR. KLATZKOW: No changes. CHAIRMAN TAYLOR: Mr. McDaniel? COMMISSIONER McDANIEL: Yes, ma'am; Madam Chair. CHAIRMAN TAYLOR: Any changes? COMMISSIONER McDANIEL: No, ma'am. CHAIRMAN TAYLOR: And we'll -- any ex parte that isn't connected to the advertised hearings? MR. OCHS: Yes. Commissioners, I'm sorry. Please try to speak into those microphones so we can catch you. COMMISSIONER McDANIEL: Forgive me now. And you're calling for the summary judgment (sic) or advertised hearings? CHAIRMAN TAYLOR: Any ex parte that's not connected to the advertised hearings. COMMISSIONER FIALA: That's not on the consent agenda -- I mean, that's on the consent agenda, rather. COMMISSIONER McDANIEL: And our summary. MR. OCHS: Correct. COMMISSIONER McDANIEL: On the consent agenda I do have, on 16A3, correspondence backup from the agenda, and no other items, Madam Chair. CHAIRMAN TAYLOR: All right. Thank you. COMMISSIONER FIALA: No changes, no corrections, nothing to declare. 2.C.a Packet Pg. 16 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 5 CHAIRMAN TAYLOR: No changes, no corrections, and nothing to declare, except on the advertised hearings. COMMISSIONER SOLIS: Same; nothing to declare, nothing to disclose. COMMISSIONER SAUNDERS: Madam Chair, I'd like to put on the regular agenda for discussion purposes the ethics ordinance, 17B. I have a few questions I'd like to address to the County Attorney just to get on the record some of the things that are covered by that. But, in addition, that's a very important ordinance, and I think we should have some discussion and a little bit of more of a highlight as to what you're doing -- CHAIRMAN TAYLOR: Okay. COMMISSIONER SAUNDERS: -- because, as I said, it's very important for this commission. CHAIRMAN TAYLOR: Thank you. COMMISSIONER SAUNDERS: I'd like to move 17B. I have nothing else in terms of disclosures. CHAIRMAN TAYLOR: All right. Thank you very much. MR. OCHS: Madam Chair, 17B, then, would become Item 9C under your advertised public hearings. CHAIRMAN TAYLOR: But we do not -- but we do not have to declare? MR. OCHS: No. CHAIRMAN TAYLOR: Okay. Very good, thank you very much. All right. So do I hear a motion to approve today's regular, consent, and summary agenda as amended? COMMISSIONER FIALA: Motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN TAYLOR: All those in favor? COMMISSIONER McDANIEL: Aye. 2.C.a Packet Pg. 17 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 6 COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carried unanimously. So now we have the employee service awards; is that correct? 2.C.a Packet Pg. 18 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 7 Item #2B JANUARY 3, 2017 - BCC/STRATEGIC PLANNING WORKSHOP MEETING MINUTES - APPROVED AS PRESENTED MR. OCHS: Ma'am, you have to first go to Item 2B. It's approval of the minutes from your BCC Strategic Planning Workshop held on January 3rd, 2017. CHAIRMAN TAYLOR: Thank you very much. COMMISSIONER FIALA: Motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN TAYLOR: All those in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed? (No response.) Item #3A EMPLOYEE SERVICE AWARDS: 20 YEAR ATTENDEES – PRESENTED MR. OCHS: Yes, ma'am. That takes us now to your service awards. If the commissioners would be kind enough to join us in front of the dais as we recognize our employees. Commissioners, we have the pleasure this morning of recognizing several county employees with outstanding service and many years of service to the government. We'll begin this morning with our group of 2.C.a Packet Pg. 19 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 8 20-year service awardees. Our first 20-year recipient, with our Parks and Recreation Division, is Annie Alvarez. Annie? (Applause.) MR. OCHS: Celebrating 20 years of service with our Building Review and Permitting Division, John Clements. John? (Applause.) MR. OCHS: That's right. Don't forget. Extra credit. His performance review must be coming up here shortly. He's always been a smart guy. Celebrating 20 years of service with our EMS Department, Marc Matthews. Marc? (Applause.) COMMISSIONER FIALA: Thank you for your service. (Applause.) MR. OCHS: Celebrating 20 years of service with Traffic Operations, Terri Meyer. (Applause.) MR. OCHS: And our final 20-year awardee from our Parks and Recreation Division, Patricia Rosen. (Applause.) Item #3B EMPLOYEE SERVICE AWARDS: 25 YEAR ATTENDEES – PRESENTED MR. OCHS: Celebrating 25 years of service this morning with 2.C.a Packet Pg. 20 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 9 our EMS Department, Mike Sullivan. Mike? (Applause.) MR. SULLIVAN: Smile big. (Applause.) Item #3C EMPLOYEE SERVICE AWARDS: 30 YEAR ATTENDEES – PRESENTED MR. OCHS: Finally, we have one employee celebrating 30 years of service with county government this morning. This one's hard to believe because I think I actually hired her on her first assignment; 30 years of service currently with our Procurement Services Division, Tracey Payne. Tracey? (Applause.) COMMISSIONER McDANIEL: Before you go, could we have her family up? CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: Yes. She's got family here, please. We want another photo op, if it's okay. Would you invite your family up and introduce them, please. MS. PAYNE: Come here. COMMISSIONER McDANIEL: And introduce them, please. MS. PAYNE: This is my grandma and my mom. (Applause.) MR. OCHS: Commissioners, thank you very much. That concludes our service awards this morning. CHAIRMAN TAYLOR: I'll say it again, County Manager, it is 2.C.a Packet Pg. 21 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 10 never something that I -- I always look forward to this time, because you can't make up the good feeling. You can't make up the warmth. You can't make up the support in your staff. And congratulations, sir. It comes right there from Leo. MR. OCHS: No. Thank you, ma'am. It's a reflection on them, not me. Thank you. Item #4 PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT BOTH PROCLAMATIONS Item #4A PROCLAMATION DESIGNATING JANUARY 24, 2017 AS DEL ACKERMAN DAY IN COLLIER COUNTY, IN RECOGNITION OF MR. ACKERMAN’S 50 YEARS IN BUSINESS IN COLLIER COUNTY AND HIS CONTRIBUTIONS TO THE COMMUNITY. ACCEPTED BY DEL ACKERMAN – ADOPTED MR. OCHS: Commissioners, that takes us to Item 4 on this morning's agenda, proclamations. Item 4A is a proclamation designating January 24, 2017, as Del Ackerman Day in Collier County in recognition of Mr. Ackerman's 50 years of business in Collier County and his contributions to the community. I know that the Chair would like to read this special proclamation this morning, and Mr. Ackerman, if you'd please come forward. CHAIRMAN TAYLOR: County Manager, I thought we were going to talk about the roundabout this morning. MR. OCHS: Oh, yeah, that's right. There's a roundabout 2.C.a Packet Pg. 22 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 11 somewhere in this project. Come on up, Del. COMMISSIONER McDANIEL: Does he have to have the light on when he's riding? CHAIRMAN TAYLOR: He's a little close on the side. COMMISSIONER McDANIEL: Got his brake set. CHAIRMAN TAYLOR: You know what it is, right there, the wheel is against the side of the chairs. COMMISSIONER McDANIEL: Give him a little push. (Applause.) COMMISSIONER McDANIEL: Happy to be here, sir. MR. ACKERMAN: I've never had the honor to meet you. I'm proud of the counsel this time. I think it's the best counsel we've had in a long time. Burt, you and I go back 20 years. COMMISSIONER SAUNDERS: Longer than that. MR. ACKERMAN: Longer than that. COMMISSIONER McDANIEL: Yeah. We've been buying our bait from you for longer than that. MR. OCHS: Mr. Ackerman, if you'd allow the chair to read this proclamation, please. MR. ACKERMAN: Yes. CHAIRMAN TAYLOR: On behalf of the residents of Collier County, the Board of Collier County Commissioners would like to honor Mr. Del Ackerman for his years of service to our community. Mr. Ackerman, a Toledo, Ohio, native, has been the proprietor of Del's 24-Hours Store for more than 50 years along with an empire of establishments that have included additional convenience stores, paint stores, laundromats, and the pawnshop across from the Naples Municipal Airport entrance. His venture to Naples did not start out auspiciously, however, as 2.C.a Packet Pg. 23 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 12 shortly -- as shortly (sic) moving to Naples in 1964, Del, his wife, Nancy, and baby daughter, Tanya, had to move back to Toledo to get medical care for Tanya who was diagnosed with hydrocephalus, water on the brain, and spina bifida, excuse me. And although Toledo called them back, Del, a former Bluffton University football player, never forgot the lure of Collier County. And, as soon as they could, the family moved back to Naples and opened Del's 24-Hour Store, a fresh start in their new hometown. And the Ackerman family has kept the store open ever since, rarely closing for more than a few hours, and even staying open during hurricanes. And Mr. Ackerman has worked tirelessly to support his neighborhood always to the betterment of the people and the places he knew by donating his name and proceeds from his business ventures to charity. And these donations include a $3,000 reward to find the missing Immokalee boy, Adji Desir; donating bait to the local student -- schools, Youth Haven, the Collier County Sheriff's Office, and Boy Scout troops for their youth programs; or asking guests at his second wedding to his wife, Theresa Parent, to donate to the Mayflower Congregational United Church of Christ instead of giving them gifts; and other countless donations to many charities; Whereas, the Board of County Commissioners recognized Mr. Ackerman in December to rename the intersection of Thomasson and Bayshore Drive as Del's Corner to recognize his many years in business. It is with great honor that we remember Mr. Ackerman for his true commitment to Collier County. COMMISSIONER McDANIEL: Here, here. (Applause.) MR. ACKERMAN: Thank you. Thank you very much. I'd just like to say that -- 2.C.a Packet Pg. 24 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 13 CHAIRMAN TAYLOR: Hold that closer. MR. ACKERMAN: I'm having trouble with my motors this morning. After 53 years of doing business, I never met a finer bunch of commissioners in my life. I want to welcome the new commissioners, and I want to welcome the old commissioners, because I know the new commissioners are doing a good job, and I think this is the finest board we've ever had, to be honest with you, in many years. And, Burt, that goes back to many years when you and I ran together, and you were the only one of the bunch, when they took my store on Collier Boulevard -- I mean, Collier and 951, you were the only one that voted against taking that property. They took -- Mr. Shanahan, they took the wrong property, and they had to pay me double, and I appreciate that. And as far as the group out here, a lot of you people have backed me in the many years. And this is a big thanks to my daughter who gave 37 years to the store, and she died, and my wife died many years after that, three or four years after that. My daughter died -- my wife died of cancer, and then the dog died two months later. So it was a real tragedy, then that angel came along down there. Her name is Theresa. And she saved my life, because I was very sick, and I was very lonely. But 53 years around the clock; it was because of you people out there. You made it happen for me to be successful in 53 years. Also, I want to thank the people that donated their time to the store, my employees, and everybody. And did we want to talk about the roundabout today, or is that another time? CHAIRMAN TAYLOR: That's another time, sir. MR. ACKERMAN: Oh, that's another time. But I want to thank all of you again for your support, and I'm 2.C.a Packet Pg. 25 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 14 honored that the commission and all of you people have made this Del's Day. God bless all of you, thank you. (Applause.) COMMISSIONER SAUNDERS: Yeah. I just wanted to add one thing, Del. We all have a very special relationship with Del Ackerman. I feel especially close to Del. Back in 1986 -- and, Del, that was 30 years ago. I didn't know Del Ackerman, he didn't know me, but I was running for the County Commission. And Del, through his support to me, I think he was probably the only person in the county at that time when we first started that was supporting me, and I've always had a very kind and warm spot in my heart for Del Ackerman. You've done a great job, and I got my political start because of your help, and I just wanted to thank you for that. MR. ACKERMAN: Oh, I'll tell you what, not only was I pleased to do it -- because you've done one hell of a job. And, Peggy (sic), all of you have done a hell of a job. The new people I do not know, but I'm very proud of the new people that are in there. Donna Fiala, there'll never be another working person like you. You work like I do. COMMISSIONER McDANIEL: Amen to that. MR. ACKERMAN: You're fantastic. Peggy, you're fantastic. And as I say one more time, it's the greatest commission that we've had. I've been open 53 years, and it's the greatest commission I've ever had in our life. Thank you, everybody. (Applause.) COMMISSIONER FIALA: And did you notice one of his biggest fans was Mike Ward from Erin's Isle. He's there in the audience spurring him on, right, Mike? CHAIRMAN TAYLOR: And, Mr. County Manager, could you explain to the people here, but especially to Mr. Ackerman, what we're 2.C.a Packet Pg. 26 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 15 intending to do about signage at that corner? MR. OCHS: Yes. When we get that intersection finally improved into its final condition, we have plans to put very appropriate, very nice signage on that corner and make sure that everyone understands that will always be Del's Corner, and it will be marked appropriately to that effect. So we look forward to that day, Del. MR. ACKERMAN: Yeah. And I'm awful sorry. I'm glad that somebody brought it up. Mike Ward is my best friend in Naples, Florida. He was on Collier Boulevard. He was across the street from me for at least 40 years. Erin's Isle. He's one of the best friends. And I also wanted -- my new manager. Now my legs have gone. I can't walk like I used to, and I had 11 days of pneumonia. Cliff is my new manager, and he's giving good service, so I'm happy, and my new wife is taking care of me very well, and I appreciate that. Thank you all for everything. MR. OCHS: God bless you. MR. ACKERMAN: God bless you. (Applause.) CHAIRMAN TAYLOR: If we could do another picture and ask Del's friends and wife to come up at the same time and we'll stand behind, please. MR. ACKERMAN: I would like that. COMMISSIONER McDANIEL: As they're coming forward, I have a little happy story as well. Mr. Del doesn't remember. He said he doesn't know me all that well. But I used to -- when Bayshore was Kelly Road, I used to always go there and buy my bait. And I was very particular about the size of the shrimp that I wanted to use when I was over in Port Royal fishing the lights and such. And Del used to get after me. He goes, young man, those fish are going to die of old age if you don't get out on that water. 2.C.a Packet Pg. 27 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 16 COMMISSIONER FIALA: That was cute. MR. ACKERMAN: Thank you. Thank you, everybody. (Applause.) MR. ACKERMAN: God bless all of you. Thank you. Thank you, everybody. Thank you. Item #4B PROCLAMATION RECOGNIZING AND CONGRATULATING EARTH SUPPLIES PRODUCTS, LLC ON RECEIVING THE WRAP AWARD FOR ITS CONTINUED EFFORTS TO PROMOTE WASTE REDUCTION, REUSE AND RECYCLING AND FOR SUSTAINING THE USABLE LIFE OF THE COLLIER COUNTY LANDFILL. ACCEPTED BY MR. PETER BONCELET, OWNER AND MS. INGRID I. PARRY, OFFICE MANAGER – ADOPTED MR. OCHS: Item 4B is a proclamation recognizing and congratulating Earth Supplies Products, LLC, on receiving the WRAP award for its continued efforts to promote waste reduction, reuse, and recycling and for sustaining the usable life of the Collier County Landfill. To be accepted this morning by Mr. Peter Boncelet, Owner, and Ms. Ingrid Parry, the Office Manager. Congratulations. (Applause.) MR. OCHS: Madam Chair, may I have a motion to approve today's proclamations? COMMISSIONER FIALA: Motion to approve proclamations for today. CHAIRMAN TAYLOR: Second? Do I hear a second? COMMISSIONER McDANIEL: Second. 2.C.a Packet Pg. 28 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 17 COMMISSIONER SOLIS: Second. COMMISSIONER McDANIEL: Third. CHAIRMAN TAYLOR: All those in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: Very good. Thank you. Item #5A RECOGNIZING JAKE SULLIVAN, SUPERVISOR - PARK RANGERS, PUBLIC SERVICES DEPARTMENT AS THE 2016 SUPERVISOR OF THE YEAR – PRESENTED MR. OCHS: Item 5A is a recommendation to recognize Jake Sullivan, Supervisor of Parks Rangers Program in the Public Services Department as the 2016 Supervisor of the Year. Jake, if you'd please step forward. (Applause.) MR. OCHS: Hey, get your award. CHAIRMAN TAYLOR: Careful of the envelope on the back. MR. SULLIVAN: Oh, that's what my wife's waiting on. MR. OCHS: Commissioners, let me tell you a little bit about Jake and let the audience know while he's getting his picture taken. Jake has worked with county government since 2005 in our Public Services Department. As the Park Ranger Supervisor, Jake actively leads and guides all park rangers and booth attendants; it's 25 2.C.a Packet Pg. 29 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 18 full-time and part-time direct reports with four seasonal employees thrown in for good measure. Collectively, this staff's responsible for patrolling 65 parks throughout Collier County, compelling public compliance on all rules and regulations and ordinances and collecting daily revenue from patrons visiting our beach parks. Despite his unquestionable job performance and talent, it's really Jake's leadership and advisory skills that set him apart. On multiple occasions when last-minute situations require either park rangers or park assistants to fill in for absent employees, Jake, instead, puts himself into the schedule to either patrol parks or man the booths to collect funds rather than asking someone else to do it. Decisive and confident, he's always willing to go the extra mile to ensure excellent stewardship of our park system. Jake has significantly enhanced the reputation and professional credibility of the park ranger service, and he's done so while simultaneously garnering enormous staff loyalty through his tough-but-fair approach. He's an all-star supervisor, exceptionally deserving of this award. And Commissioners, it's my great honor to present Jake Sullivan, your Supervisor of the Year for 2016. Congratulations, Jake. (Applause.) MR. OCHS: Nope. Got to go to the microphone. COMMISSIONER McDANIEL: You're not going to let him speak, are you? MR. OCHS: Oh, yeah. MR. SULLIVAN: I know you've got important things to do, so this will be very brief. I am honored and humbled. Supervisors are only as good as the family that supports them, staff that works for them, and the superiors that give them the extra mile to go. Everybody in this room has had a part of this award in one way or 2.C.a Packet Pg. 30 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 19 another. I've worked with most of you, if not all of you, at one point in my career, and I can't thank all of you and my wife enough for this award. This is for all of us. Thank you very much. (Applause.) CHAIRMAN TAYLOR: Before we start today's agenda, I would like to acknowledge a former commissioner who's with us today. And I'd like her to stand up. Georgia, would you stand up, please. (Applause.) MS. HILLER: It's really nice to be back with all of you folks. CHAIRMAN TAYLOR: Thank you. Yeah. Great morning. Great morning. Okay. COMMISSIONER FIALA: I never even saw her come in. I didn't know she was here. COMMISSIONER McDANIEL: I didn't either. She's kind of incognito. COMMISSIONER SOLIS: That's wonderful that they were here for him. COMMISSIONER FIALA: And the room empties out. CHAIRMAN TAYLOR: Wow. COMMISSIONER FIALA: I think that's what makes this county such a fun place to work, because everybody supports one another, right? CHAIRMAN TAYLOR: Yeah. You don't make this up. You don't have it in the city. COMMISSIONER SOLIS: We really do have a great staff. CHAIRMAN TAYLOR: You can't make this up. COMMISSIONER SOLIS: It really is a wonderful staff. Item #9A 2.C.a Packet Pg. 31 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 20 ORDINANCE 2017-02: AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS HAMILTON PLACE RPUD TO ALLOW DEVELOPMENT OF UP TO 66 SINGLE-FAMILY AND/OR MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED EAST OF LIVINGSTON ROAD AND SOUTH OF PINE RIDGE ROAD IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.75+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20160001255] – ADOPTED MR. OCHS: Madam Chair, that takes us to 9A on your agenda. These are your advertised public hearings. This item requires that ex parte disclosure be provided by commission members, and all participants are required to be sworn in. This is a recommendation to approve a change in the zoning classification for real property from rural agricultural A zoning district to residential Planned Unit Development zoning district for a project known as Hamilton Place RPUD to allow development of up to 66 single-family and/or multifamily dwelling units on property located east of Livingston Road and south of Pine Ridge Road. Ex parte, ma'am. 2.C.a Packet Pg. 32 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 21 CHAIRMAN TAYLOR: We'll start with Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, ma'am. I did have communications: Meetings with Rich Yovanovich and Wayne Arnold, correspondence, staff report from the agenda, and emails from several people; Diana Quintanilla, and both from Rich and Wayne. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Thank you very much. I've just had the staff report. Wayne tried to call me last night, and I didn't get back to him, so I didn't talk to him. Yeah. Well, I thought I better confess it right here. CHAIRMAN TAYLOR: She meant that. Commissioner Solis? COMMISSIONER SOLIS: I actually have a conflict and will not be participating in this one. My firm has represented WCI in other matters, so I have a conflict. CHAIRMAN TAYLOR: Okay. Very good. COMMISSIONER SAUNDERS: And, Madam Chair, I did meet with Mr. Yovanovich and Mr. Wayne Arnold and reviewed the staff report. CHAIRMAN TAYLOR: And I have reviewed the staff report. I met with Mr. Yovanovich and Mr. Arnold. I've had emails. I've had calls regarding this issue. And that would be it. MR. OCHS: Swear in? CHAIRMAN TAYLOR: Yes. All those who intend to testify, please stand and raise your right hand. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN TAYLOR: Thank you very much. Mr. Arnold? MR. ARNOLD: Good morning, Commissioners. I'm Wayne Arnold with Grady Minor & Associates. 2.C.a Packet Pg. 33 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 22 With us today is Barry Ernst with WCI Communities, who are the contractor purchasers for the property; Rich Yovanovich is our Land Use Counsel on the case; Mike Delate from our office is the Project Engineer; and Jim Banks is our Traffic Engineer who can answer any questions. I'll try to make a brief presentation and then be happy to answer any questions you might have. CHAIRMAN TAYLOR: Thank you very much. MR. ARNOLD: The subject property is just under 10 acres. It's marked as "subject property." It looks like a white labeling on that piece of property. It lies just south of Brynwood Preserve and just north of Positano Place on Livingston Road, just south of Pine Ridge Road. This project lies partially within your density band that's around the activity center at I-75 and Pine Ridge Road, so we're eligible for a density of up to seven units per acre. We're asking for a density just under seven units per acre, and our PUD would allow us to have a variety of single-family or multifamily. WCI Communities at this moment believes that probably a six-plex, two-story product is something that makes the most sense. And I've got a conceptual plan showing you what that can look like in the context of our community. You can see that's just a fairly straightforward cul-de-sac design on this site. It separates the site plan -- as it's oriented, it has our preserve to the east side, adjacent to the Andalusia PUD. And we have a small preserve area that also wraps around the north next to Brynwood Preserve. The Planning Commission heard the project and supported it unanimously. There are no deviations associated with the project request, which I think is really something to say, because it is an infill project of a very small site. But no deviations are warranted for what we're trying to do. 2.C.a Packet Pg. 34 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 23 We think it makes a lot of sense. I do know that we heard neighbors say that we should be limited to the six-units-per-acre density that they have for their projects. But I would remind you that those projects are substantially larger than us, and it's certainly easier to deal with reduced density on large tracts than it is on a small 10-acre infill. So I think you're going to see more requests that are looking for that upper range of density. We think we've done a good job with our development standards and buffers. Your Planning Commission increased our perimeter setbacks. So we would urge you to support the project as proposed. Our team is here to answer questions if you certainly have any. CHAIRMAN TAYLOR: Any other presenters, Mr. Arnold? MR. ARNOLD: I don't think so at this time. I think we'll just respond to questions as needed. CHAIRMAN TAYLOR: Any questions? Commissioner McDaniel? COMMISSIONER McDANIEL: I'm ready to make a motion if you want me to. COMMISSIONER FIALA: We have speakers. CHAIRMAN TAYLOR: No. We have to hear from -- COMMISSIONER McDANIEL: Oh, we have to hear the speakers first. CHAIRMAN TAYLOR: I believe we hear from staff. Okay. All right. Thank you, sir. No questions. MR. OCHS: We also have a public speaker, ma'am, after the staff presentation, yes. CHAIRMAN TAYLOR: I wanted to hear from staff. MR. JOHNSON: Good morning, Commissioners. Eric Johnson, principal planner with the zoning section. Staff reviewed the proposed project, how it relates to the 2.C.a Packet Pg. 35 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 24 surrounding properties, and staff is recommending approval of the project as proposed. CHAIRMAN TAYLOR: Is that it, sir? MR. JOHNSON: Yes, sir. Yes, ma'am. Sorry. CHAIRMAN TAYLOR: Okay. Very good. Thank you. Any questions of staff? (No response.) CHAIRMAN TAYLOR: No. All right. Troy, we have how many speakers? MR. MILLER: I have one registered speaker on this item. Carrie J. Filthaut, if I'm saying that right. CHAIRMAN TAYLOR: Yes. You can come up on the podium, either one. MR. MILLER: Yes, either podium. MR. OCHS: Identify yourself one more time for the record. MS. FILTHAUT: Hi. I'm Carrie Filthaut. I'm the president of Andalusia Homeowners Association. Andalusia is part of the Arlington PUD, and we have behind us as -- included in it is Positano. We have single-family homes only no more than two stories in structure, most of them being one story. When we were developed, it drug forever from 2006, at inception, through three developers until finally we have sold out. When it -- when we -- this project came up, they are going over the density as to what we are combined with Positano, which has much higher density than Andalusia but, unfortunately, is part of our PUD. So they used up all remaining density that wasn't used by our single-family homes. We think that six should be the very maximum units per acre that should be allowed on Hamilton Place because it does abut our preserve. Our preserve is not very dense. They're proposing to put up multi-structure families that would 2.C.a Packet Pg. 36 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 25 encourage them to be using the pool facilities and their amenities that are in the back section, which could bring about noise to our adjoining property. So we ask that the Board consider that this project should be limited in the density, and they should not be allowed to proceed with six (sic) units per acre but that they should go to the lower standard, or to the highest standard, which would be what we have at Arlington Lakes, which is six or just below. Thank you. CHAIRMAN TAYLOR: Thank you very much. Any questions? (No response.) CHAIRMAN TAYLOR: Public hearing is closed. Public hearing is closed, all right. All right. So Council -- Commission discussion? (No response.) CHAIRMAN TAYLOR: Do I hear a motion? COMMISSIONER McDANIEL: I'd like to make a motion for approval per the applicant's request and staff report. COMMISSIONER FIALA: Second. CHAIRMAN TAYLOR: Seconded by Commissioner Fiala. No other discussions? COMMISSIONER McDANIEL: As a point of clarification, if I understand correctly, we are -- this project is allowed a maximum of seven units per acre as was represented by the applicant. MR. OCHS: Yes. MS. FILTHAUT: I thought we had 6.6. COMMISSIONER McDANIEL: They're asking for 6.6, but they are allowed a maximum of seven units per acre, so they are under that threshold. Not per your request, ma'am, but that's just as a point of clarification. I just wanted to say that out loud. I thought -- I read it, 2.C.a Packet Pg. 37 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 26 and I saw that Wayne had said it there as well, and I wanted to make that point, so... CHAIRMAN TAYLOR: All right. We have a motion on the floor to approve and a second. All those in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: (Abstains.) COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed? (No response.) CHAIRMAN TAYLOR: And, Commissioner Solis, you should probably say you're recusing yourself. COMMISSIONER SOLIS: I'm recusing myself. CHAIRMAN TAYLOR: So it's four, four; unanimously four with one recusing. COMMISSIONER SOLIS: Abstention. CHAIRMAN TAYLOR: Abstention. COMMISSIONER SOLIS: Abstention. CHAIRMAN TAYLOR: There we go. I got it out. Thank you very much. MR. ARNOLD: Thank you, Commissioners. Item #11C REPORT ON THE CURRENT STATUS OF THE CONSERVATION COLLIER PROGRAM, OPTIONS RELATED TO GAUGING PUBLIC SENTIMENT REGARDING THE REAUTHORIZATION OF THE AD VALOREM LEVY FOR CONTINUED ACQUISITIONS UNDER THE PROGRAM, AND REQUEST THAT THE BOARD PROVIDES DIRECTION FOR 2.C.a Packet Pg. 38 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 27 THE MEASUREMENT OF PUBLIC SENTIMENT - MOTION TO BRING BACK AT THE NEXT MEETING, STAFF TO COME BACK WITH RECOMMENDATIONS (USING SURVEY INFORMATION FROM INTERESTED ENVIRONMENTAL GROUPS) TO GAUGE PUBLIC SUPPORT FOR THE PROGRAM, SUGGESTIONS FOR A MILLAGE INCREASE AND SUGGESTED LANGUAGE REGARDING AN INFORMAL POLLING QUESTION – APPROVED MR. OCHS: Commissioners, that takes us to Item 11C on your agenda this morning. This is a report on the current status of the Conservation Collier program options related to gauging public sentiment regarding reauthorization of the program and a request from the Board to provide some staff direction. Mr. Barry Williams, your Director of the Parks and Recreation Division, will make the presentation. MR. WILLIAMS: Good morning, Commissioners. Barry Williams, Parks and Recreation Director. I have a very brief presentation to provide you, and we also have Ms. Alex Sulecki who's kind of the brains of our operation for Conservation Collier here with us as well. So at your pleasure, I could just walk you through these slides, if that would be okay. Just in terms of what we're looking at today, just to give you a little sense of the current program, Conservation Collier, we've provided you a graphical depiction of the current preserves. You have 19 preserves, a little over 4,000 acres that are currently in play, and you can see where they are located in Collier County. The acquisition portion of Conservation Collier has ended, and we're currently in the land management phase of the program. We have land management plans on each of these parcels of land. Just in terms of financial status, a couple of years ago there was a 2.C.a Packet Pg. 39 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 28 10-year financial plan developed that looked at basically the trust fund in terms of the monies that we had available for perpetuity; management and maintenance in perpetuity. We look at that every three years just to make sure that we're on track. We are, indeed, on track. We've had a little bit of leakage, if you will, due to low interest environment but, for the most part, we're well on track in staying above that $32 million threshold. So to date, staff has held expenses to plan levels and below for a couple different reasons; weather has been a portion of that, and just some expenses where we've been able to save some money in terms of our management. I did want to point out in terms of the original tax that was -- millage that was associated with the program, originally when the ordinance was passed, we looked at an 85 percent acquisition fund, if you will, and 15 percent maintenance. And what we've learned through the course of this initial phase is that probably is a little light in terms of maintenance. If you were to look at a reauthorization, we would want to talk to you more about that. But for right now what we're projecting for you is 75 percent of any funds that you may receive be used for acquisition, 25 percent used for managing and maintaining the properties that are acquired. So I just wanted to point that out to you. We looked at a variety of options in terms of how you might be able to gain public sentiment on this issue. Of course, the one that comes to mind is the referendum itself, and we did talk to the Supervisor of Elections about that. You have two options with that. You can either look at a stand-alone referendum. If you were to pursue that option, that is an expensive option in terms of what that would cost. The Supervisor of Elections estimated at about a half a million dollars if you did a stand-alone referendum -- a stand-alone vote -- voted -- or got Collier County citizens to opine on whether they 2.C.a Packet Pg. 40 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 29 wanted to do the referendum or not. You have another option as well, though. If you wait for the next election, August 2018, there would be no additional cost associated with that, or minimal cost. So that's one option that you have. Another option that we've identified is looking at conducting some type of public poll. There are a variety of organizations that we have had experience with that could do a scientific poll, poll Collier County citizens and get a sense of whether this is something they would want to pursue. There's actually -- we've had -- staff has had some conversations with a very reputable organization that I think is here today that may speak to some poll results that they have, and that's the Trust for Public Lands. The trust is an organization that we've worked with in the past. The Fleischmann parcel many years ago, the Trust for Public Lands had a role in the acquisition of those lands from private sector and to what's now the Naples Zoo and Gordon River greenway. So the trust is -- certainly has a national reputation in helping communities like ours make these type of decisions. So -- but there are other pollsters that we could look at. There are a couple other organizations that we've had contact with that we could also look. And we've given you some sense of what the cost associated with that would be. The last option is one that we identified as a possibility. This has been done, certainly, in terms of a straw vote, a straw ballot. And we had identified in the executive summary North Collier Regional Park. It may be that -- you know, just as an example, it's a venue that could be used for that, the exhibit hall. There are other venues in town, though, that might be more suitable in terms of a more central location if you did want to do that. A straw poll would be a day where you would set, establish where people could come in and vote on that, and the results would be tallied, 2.C.a Packet Pg. 41 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 30 and then we would bring those results back to you. So those are three options that staff has come up with as possibilities in terms of pursuing that question. With that, just a couple more slides and I'll stop, and certainly we can answer any questions. We did look at the possible question to ask. This is just some suggested language. We would also suggest that we continue to look at and make sure that we're asking the correct question. You do have with Conservation Collier an advisory board, the Conservation Collier Land Acquisition Committee. They certainly are a good resource for you in terms of coming up with language that's suitable for however it's decided in terms of asking the question. But this is an example of some language that could be possibly used to ask constituents a question about the additional levy. We also looked at amounts that could be raised by a levy, and we wanted to share that data with you as well. And you can see the range from 11 to 77 million depending on the millage that you would want to consider for this. The .25 millage was what was associated with the original ordinance, so you can see that dollar amount and what that might provide. Again, this is based on our FY17 countywide taxable values. The Collier County Land Acquisition Committee, when they got into a point where they had identified stopping acquisitions, there were some lands that were still available. The Barron Collier Investment Lands. They were rated in a very high way from the Land Acquisition Committee. They are on the -- they would be an area of investing should there be monies for that. There's some other locations that we'll mention to you: Winchester Head, Red Maple, Horsepen Strand. These are all areas where we have existing acquisitions and management responsibilities. They're sort of a matrix that exists that we're trying to fill in that 2.C.a Packet Pg. 42 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 31 puzzle, and certainly those are some areas. And the North Belle Meade West, and North Belle NRPA are also areas where land could be acquired should that be desired to move forward. Just to mention a couple other things. There are a couple things that are happening; certainly the restudies program and the concept of the TDR acquisition is an aspect that staff had been working with Growth Management Division on. CWIP, the water improvement program, is another. And one item that's coming to you right in the next couple of months is the Land Development Code amendment for offsite preservation, and that's a program allows developers to, as part of mitigation of their lands, provide for purchasing or providing lands to Conservation Collier with a dollar amount for maintenance. That program's being looked at very closely to make sure that the dollars associated with the land donation actually are what is required to maintain the program in perpetuity. That's separate from this discussion, but I did want to bring out these three aspects to you in terms of -- is also in play. Finally, our recommendation is looking for you to provide direction on pursuing the question of public sentiment and re-establishing the Conservation Collier Land Acquisition program. We're also looking for some funding sources if you would choose for us to do that and, for example, hire a pollster to ask the question. If you did want to go the referendum, a stand-lone referendum, that would be another question or consideration for you as well in terms of funding for that. But with that I'll stop and see if you have any questions and... CHAIRMAN TAYLOR: I do have one question. Commissioner Saunders, did you hit your light? Did you want to speak on this? COMMISSIONER SAUNDERS: I did not hit my light, but I do 2.C.a Packet Pg. 43 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 32 want to speak on it. After the public discussion, I would like to speak on it. CHAIRMAN TAYLOR: Commissioner Fiala, did you want to wait till after the public? Or does anyone have any questions right now of staff? COMMISSIONER FIALA: I have a couple questions, but I can wait till after we hear from the public. CHAIRMAN TAYLOR: Okay. And, Commissioner Solis? COMMISSIONER SOLIS: Yeah, I have a few questions. In looking at the summary, there's references to -- let me get to it -- that if -- it says, should it be desired for the Conservation Collier to acquire lands associated with the Transfer of Development Rights Program, a referendum may be required. How does that -- what does that refer to? Because I want to be clear on if we need a referendum anyway where we end up having to do that because we want to use the TDC program to help Conservation Collier, how does that work into this whole idea? MR. WILLIAMS: Well, it's a good question. I think it's -- the TDC program, as it gets developed and the concept pursued, if it does become part of Conservation Collier, as our understanding is, the ordinance would have to be changed through referendum to allow for that. It's a change in the program goals of the original ordinance. So it would require that if that is the direction of the acquisitions. COMMISSIONER SAUNDERS: Madam Chair, can I comment on that because I -- CHAIRMAN TAYLOR: Let's let him finish. COMMISSIONER SAUNDERS: I thought he was finished. MR. WILLIAMS: Yes, sir; I am. CHAIRMAN TAYLOR: Oh, you are? Yes. COMMISSIONER SAUNDERS: There's an ordinance that would require a referendum if there is a change in the usage. That's 2.C.a Packet Pg. 44 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 33 done by ordinance. We could change that ordinance, and it's a question for the County Attorney. But my presumption is that you don't really have to go to a referendum to amend that ordinance if we want to amend that ordinance. MR. KLATZKOW: Generally speaking, you go to referendum when you want to bond something, all right. This board in the past has gone to what I'll call straw ballot referendums to gauge public opinion as to whether or not they wanted their taxes raised to pay for a particular project. So, yes, if an ordinance says you need to go to referendum, you can change the ordinance, and then you don't need to go through referendum. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: Okay, fine. Just a few questions, please. One of them, I just wanted to make sure I heard you correctly, as part of this land that we're seeking to -- I mean, if we all vote to do this, of course, it will be for protecting our future water sources as well, right? MR. WILLIAMS: Yes, ma'am; absolutely. COMMISSIONER FIALA: Okay. I just want to make sure that that's on the record because that's the way I understood it as well. Now I had just a few things. I personally don't feel that we should go to full-blown referendum. That's going to take us another two years, well, maybe year and a half, but by the time it gets on the tax roles and everything. So I would like to see it done sooner rather than later is my opinion. And my opinion would be that there's a way to do it without even costing us too much money. And I've bounced this off on a few people. And, of course, I would think it's a good idea. But I would say that we have libraries situated around the county and we could choose a two-week period, but we have to do it while the people are still in town, while they can still vote. I think people 2.C.a Packet Pg. 45 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 34 deserve that right to vote if they're going to be paying some taxes. And so we can just reinstate what we had before, the .25, and ask everybody if they want to vote one way or the other on this to go to their library, and we can just -- we can have each library equipped with some of the forms. They can vote on them. It's not going to cost us much money. We won't choose a polling company. We don't have to go out to bid and all of that stuff. I think that will save us a lot of time, which is what I'd like to see do -- happen, rather. And then the question that you had, the suggested question, it was odd that it said -- that you were referring to general funds. That doesn't say to me that I want to reinstate what we had before, the .25. It sounds like that has nothing to do with it. I would suggest that maybe that question were a little clearer so that you just say, do you chose to go back and, you know, reinstate this project again or this program again -- excuse me, not project. And so, anyway, those are my suggestions as to what we would do here, and I'd love to see it move forward. CHAIRMAN TAYLOR: I don't know who was first, but I'm going to take Commissioner McDaniel. COMMISSIONER McDANIEL: Okay. I'm not quite sure. I wasn't watching when I hit the button. CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: I just wanted to clarify a couple of points, if I may, with our County Attorney. The way I read the original ordinance, it said if we were going to reinstate it, amend it or anything, it was going to require a referendum in that regard. And what I'm hearing you suggest is if we amend the ordinance that was put in place, then we don't have to go back to our referendum; is that what I heard you say? MR. KLATZKOW: Yes. COMMISSIONER McDANIEL: Okay. Number one. 2.C.a Packet Pg. 46 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 35 Number two, I would like to bring this up as a formal agenda item at our next meeting with some clarification/specificity on the language that we're going to go out to the public with with regard to the sentiment that is out there so that we can have some reading and discussion with regard to -- so that we're all asking the same question and we're all sending the same message as to whether or not this is a -- this is viable with the electorate that we're looking to increase their taxes on. Third, I'm -- I personally am not really looking to spend an inordinate amount of money. I have had meetings with the Conservancy. They have a polling agency that they can utilize. I know that our newspaper has a polling agency that they can utilize. And there is a mechanism out there called Survey Monkey. And I've talked to our staff, and I would be willing to put a Survey Monkey up as long as we're all asking the same question. I don't want to be asking a question that you're not. And I would be willing to have that apparatus put on my website. There is a website for District 5. And so you could click on there and answer the questions accordingly. And we all know Ms. Donna, Commissioner Donna, has the right to -- you know, with the click of a button, she can talk to thousands of people. And some of us newer commissioners don't necessarily have access to that many people. But those are a couple of thoughts that I had to reach out to the public sentiment and garner public sentiment. And I would like for us to, at our next meeting, come up with a time frame for that survey to actually go out and get -- and be a viable opportunity for us to gather that public sentiment for that tax increase. CHAIRMAN TAYLOR: Thank you very much. COMMISSIONER McDANIEL: Yes, ma'am. CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: Yes. And I'm going to preface what 2.C.a Packet Pg. 47 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 36 I'm going to say by saying that, obviously, Conservation Collier was a success. It's bought some very important property for the county, and it serves a great purpose, and I'm in favor of that. My only concern is -- and this was an issue at least during the election -- is that we are asking -- we're talking about increasing property taxes to purchase property, some of which may or may not have public access to it, I mean, depending on which property it is. It might just be a preserve. And the whole program started with a referendum. And I just feel that, you know, the residents of Collier County, the taxpayers, need to have the same say that they had before. And I would hope that it would be the same result, but I think we need to give them that voice, and they should be allowed to vote on it. That's just -- and I respect -- and it's a wonderful program, but I just -- I have a hard time just assuming that it's -- that it hasn't changed. The population in Collier County has changed dramatically. So I think if we can take it to the next election at a minimal cost, that would be certainly a good option. The properties that are on the list, I've looked at those properties. They're the same properties that have been on the list when the funding ran out to purchase them. So they're not necessarily properties that would appear that are going to be sold or developed in some way. So I just don't feel that there's -- we need to rush and assume that this is something that the voters want to do. I would hope it's something they would want to do, but I think we have to give them the option. CHAIRMAN TAYLOR: Thank you very much. Before we -- COMMISSIONER McDANIEL: Go to him. CHAIRMAN TAYLOR: -- I'd like to ask a question. On the selection of No. 2, which is a poll, public poll, you have it being provided to the Board by September 2017. Why so long? MR. WILLIAMS: Well, we are giving ourselves adequate time 2.C.a Packet Pg. 48 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 37 to do the procurement. You would need to procure -- CHAIRMAN TAYLOR: Oh, I see. MR. WILLIAMS: -- a vendor to do that, conduct the poll, tally the results, bring them to you. MR. KLATZKOW: You don't need to wait that long. You've got the ability to waive requirements of your purchasing ordinance so that if you believe this is something that should be expedited, you can expedite it. I mean, Mr. Williams is absolutely right, if you're going to go through the RFP process, you're going to be half a year before you see anything. If you want to get this done quickly, you can waive your purchasing ordinance. CHAIRMAN TAYLOR: My concern, of course, is polling in the summer is probably not something we want to do. So, you know, it almost would be a necessity to poll before our winter guests leave, our winter visitors. And in response, Commissioner Solis -- I'll call you Mr. Solis -- Commissioner Solis, to your concern about we don't know what the public wants -- and I can -- I respect that, because this is your second or third meeting here. But in the short two years I've been here, I have seen outcry when the county contemplated putting an athletic field in a preserve. Arthrex agreed to not develop a preserve. Pocket preserves are becoming more and more important as we urbanize. So in my opinion, or the way I look at it, time isn't on our side because of the growth cycle we're in. We really need to move forward with this. I think it's a very strong program. I think it's had overwhelming support. And at least, from my perspective, the public want this. Commissioner McDaniel? COMMISSIONER McDANIEL: Commissioner Saunders was ahead of me. He's sitting down there waiting patiently. He didn't hit 2.C.a Packet Pg. 49 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 38 his light -- CHAIRMAN TAYLOR: He didn't hit his light. COMMISSIONER McDANIEL: -- but he is ahead of me. COMMISSIONER SAUNDERS: Actually, I did hit my light. It just may not -- CHAIRMAN TAYLOR: It's not lit. COMMISSIONER SAUNDERS: There you go. CHAIRMAN TAYLOR: Just wave. COMMISSIONER SAUNDERS: I didn't hit it hard enough, but this is only my third meeting. So I'm a slow learner. My hope is that we have a unanimous board to move forward with a polling process that's done very quickly so that when we get into the budget process for 2017, which will take us through July, August, September, when we set the millage rate, that we can incorporate this millage rate for this program. I think there's going to be a question as to whether it should be .2 mills, whether it be .25 mills. I think that's a political and a policy issue that the Board needs to make. Are there any changes to the usage? That's another policy issue that the Board would have to make. But my hope is that there will be a motion to bring this back at our next meeting with some recommendations on who can do the polling, the language that we're going to be putting into the poll, the amount that we're going to be putting into the poll. It's my hope that we can do that at our next meeting or the meeting after that so that we can conduct this type of survey this spring starting, perhaps, in mid -- perhaps in March we could begin a survey. I know -- I understand from staff that there's some folks here from TPL. I know that they can get organized pretty quickly. But there would be a couple policy decisions we'd have to make. And we should do that, I think, very, very quickly so we can get the results of that. One of the concerns I have is if you do a straw ballot or even a 2.C.a Packet Pg. 50 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 39 poll, and let's say that 50 percent plus one of the people that participate in the straw ballot say yes or say no, what does that really tell you? We're elected to make tough decisions. And raising taxes is, by far, the toughest decision that this board will make; however, we're elected to make those types of decisions, and I think all of us agree that this program is important for the future of the county regardless of what a straw ballot might say, regardless of what polling might say. So my hope is that we move forward with this because we know that this is important for the future of the community. And, Madam Chair, I'm looking forward to the public discussion this morning. I will tell you that I have been -- I've made three presentations since our last meeting when this issue was discussed, and I've said to the audiences in those three meetings that my view is we should go forward with this without a referendum, and not a single person in those three audiences objected to that in any way. So that's my little personal poll, but I know that we'll hear some objections. CHAIRMAN TAYLOR: Thank you. Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. And I just would like to clarify. I don't think any of us here -- Commissioner Solis made some comments that were very valid with regard to the value of this program, the good that has been done, the good that can come from it in creation of additional revenues for our folks that have been burdened by the RFMUD, with the TDC program, and the potential of those lands to be brought into and provide value for those folks that haven't -- they don't have -- those last two TDRs under the rural fringe mixed use district require a bequeath of the land to an agency for those -- for the award of those TDRs. And I'm excited to see that, but I also concur with Commissioner 2.C.a Packet Pg. 51 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 40 Solis with regard to it's imperative that we do as good of a job as we possibly can with the public sentiment on a survey process to gauge that. Commissioner Saunders, we all travel in different circles, and not everybody that I personally talk to with regard to this thinks this is such a great idea. It's not a bad idea. There is a tremendous amount of value, and I do agree that, you know, we have to make difficult decisions every day when we're sitting up here, but I would certainly like to -- and if you want a motion now, Madam Chair, I'll make it, that we bring it back at our next meeting with some specific language to talk about, and get to a spot where we can talk about how those funds are going to be managed; what, in fact, that tax increase may, in fact, be; where it's going to go; how it's going to be spent and what we're, in fact, going to do, and I'll make that motion right now. CHAIRMAN TAYLOR: There's a motion on the floor. Do I hear a second? COMMISSIONER SAUNDERS: Yeah. I'll certainly second that. CHAIRMAN TAYLOR: All right. Any discussion on the motion? COMMISSIONER FIALA: I'd rather not vote until we hear from the audience. CHAIRMAN TAYLOR: Well, yeah, but it's more of a -- and I know what you're saying. So point of order. MR. KLATZKOW: I think you should hear from the public. CHAIRMAN TAYLOR: Thank you very much. COMMISSIONER McDANIEL: I would agree with that, before we vote. CHAIRMAN TAYLOR: I would like, Mr. Williams, if you would just kindly go over this chart so that the public can understand the different millage rates -- 2.C.a Packet Pg. 52 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 41 COMMISSIONER McDANIEL: And, Madam -- CHAIRMAN TAYLOR: -- and what the assessment would be on -- COMMISSIONER McDANIEL: Madam Chair, I don't mean to interrupt, but if we're going to bring this back as a specific agenda next -- in two weeks, we could go through the ramifications of all these on the proposed -- CHAIRMAN TAYLOR: It's always nice to do it twice. COMMISSIONER McDANIEL: Okey-doke. We'll do it twice, Madam Chair. MR. WILLIAMS: Madam Chair, you have the table in front of you, I think, that shows you the various dollars that would be raised with the specific millage. If you -- as you're looking at this, you can see the range of millage rates from .15 to .25. And what we're looking at as it relates to a taxable value, say, of 100,000, 250-, 500-, 750-, a million, million two, and you can see the implications of that for the taxpayer. So, for example, the 250,000 taxable value at .15 would equate to a $37.50 increase in what a person is paying now. At .25, at the high end of the range, that equates to a $62.50 increase. CHAIRMAN TAYLOR: Thank you very much. MR. WILLIAMS: Does that help? CHAIRMAN TAYLOR: Yes. Thank you. Commissioner Solis? COMMISSIONER SOLIS: This is just -- my final comment on this is -- and I appreciate what Commissioner Saunders said about we're here to make difficult decisions, and I appreciate that. But, again, this program began a certain way, and I think it should continue that way. I mean -- and I feel strongly that this is a decision that the voters need to make whether or not they want to tax themselves for this -- specifically for this purpose. It began that way; it should continue 2.C.a Packet Pg. 53 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 42 that way. In addition to that, there are discussions in -- about the TDC program, and there would have to be, as the ordinance is written now, a referendum if we were going to do something with TDRs in relation to this, and now we're talking about changing that to remove that referendum requirement. So I'm just concerned that -- I think we should leave the program the way it is and let the voters decide. CHAIRMAN TAYLOR: All right. Thank you very much. So how many speakers do we have? MR. MILLER: Madam Chair, we have six public speakers registered for this item. CHAIRMAN TAYLOR: I'd like to hear from them. MR. MILLER: Your first speaker is Ellen Goetz. She'll be followed by Nancy Payton, if I could get speakers to use -- MS. PAYTON: No. We have a specific order. Could we keep to it? MR. OCHS: Oh. Why don't you read them all, Troy, and let them figure out who's going to go first. MR. MILLER: Sure. Then let's try Nicole Johnson. She's supposed to be followed by Peggy (sic) Hanrahan. If she'll wait at the other podium. We'll do our best to recover the order. MS. JOHNSON: Thank you. Good morning. For the record, Nicole Johnson on behalf of the Conservancy of Southwest Florida. And, first of all, we're really thrilled to be here today talking about the best way to move forward reactivating Conservation Collier. Thank you to Commissioner Saunders for bringing this up in December, and thanks to all of you for your thoughtful deliberation both last month and today. Certainly, growth and water supply are hot-button issues, and that is why statewide and at the local level conservation acquisition 2.C.a Packet Pg. 54 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 43 programs continue to be so popular, and certainly Conservation Collier is no exception. Through the years, it has provided means to acquire and to cost share on a number of very important properties. People may not understand or know exactly what Conservation Collier is, but they understand the Gordon River Greenway Preserve, Freedom Park Preserve, Pepper Ranch Preserve, just to name a few. Those acquisitions could not have happened without Conservation Collier. This program has gone to referendum twice. The first time in 2002 it was approved by almost 60 percent of voters. When it went back in 2006, it was approved by 82 percent of the voters. So that's certainly a very positive and top-ranking result. Bottom line is, local land acquisition programs are popular. They're supported by voters, and from the discussion on the dias, they're also supported by you. So the question is, how do we move this forward in a timely manner? Obviously, the Conservancy would support you going ahead and putting Conservation Collier in your budget as a line item. Now remember, this doesn't have to be a tax increase. You can make the hard decisions of maybe what gets cut back a little bit in order to keep that flat-line millage rate and budget while still including in 2017/18 Conservation Collier; however, we do understand that you want to gauge public sentiment on this and, in an effort to provide you with additional data for your discussion today and to inform this discussion, the Trust for Public Land, the Conservancy, Audubon of the Western Everglades, and Florida Wildlife Federation have co-funded a poll to get the feel for voter sentiment as it relates to Conservation Collier. Pegeen Hanrahan from the Trust for Public Land will speak next to discuss the poll and its results. And I would like to close by asking that you consider time is of the essence. It really, really is. We need to get this program 2.C.a Packet Pg. 55 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 44 reactivated in this upcoming budget year. You have three options that have been recommended by staff. And I'm not really clear what it is -- what the motion on the table is, if it's for a full-blown county poll or if it's for this public sentiment gauge at the library, North Collier Regional Park, but the Conservancy would like to support Option 1 in your executive summary which allows the county to go out, ask the questions in more of a public interest survey setting, have it at the library, have it at North Collier Park so that you can gauge the temperature of the public and get this into your budget for the next year. And as Pegeen begins her comments, I'll hand out just a quick one-pager about our survey results. And were you going to clarify about the motion? CHAIRMAN TAYLOR: Please. COMMISSIONER McDANIEL: If I may, my intent with the motion was to provide for clarity so that we're all asking the same thing. Bring it up as an actual discussion point at our next board meeting, at which point we can then discuss openly, make decisions on how we're going to ask the question through the polling processes that we're going to do, establish a timeline for those polling entities, and what we're -- but I want us all to be on the same page as to how and what kind of questions that we're asking. COMMISSIONER SOLIS: Can I just comment? CHAIRMAN TAYLOR: Yes, of course. COMMISSIONER SOLIS: Just so I'm clear, because I'm not sure that I am now. But to do that, we have to make a decision as to whether or not we're going to go with a poll or not, don't we? If what we're going to discuss at the next meeting is what the question is, that's a polling question, right? COMMISSIONER McDANIEL: Correct. COMMISSIONER SOLIS: I'm just -- 2.C.a Packet Pg. 56 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 45 COMMISSIONER McDANIEL: But we've got to start somewhere with that process. And in an effort to move this along, garner some public input as much as we possibly can, I think it's imperative that we are all asking the same thing and promoting the same message. Whether or not we actually vote for or against it based upon the poll results, whether or not we all vote for or against the tax increase with regard -- I just want to make sure that we're asking the same question as we're going along. Too often we have discussions about how we're going to do what we're going to do, and people go off on their own and they start asking different kinds of questions, Commissioner Solis. And that's the premises of my motion. Did that clarify you? MS. JOHNSON: So you're talking about Option 2, then, a full-blown poll? Are you talking about a poll question that would be -- you know, people would come into the library? COMMISSIONER McDANIEL: It's to be decided, Nicole. COMMISSIONER SAUNDERS: Then I'm going to withdraw my second, because my understanding of the motion was that we would conduct an informal type of a poll through the TNC or through the Conservancy. What I'd like to do today -- and if your intent of the motion is in two weeks we're going to decide whether we want to do a full-blown poll, I'm going to withdraw my second. CHAIRMAN TAYLOR: Okay. I don't hear a correction. Second's withdrawn. Motion fails. Next speaker, please. MR. MILLER: Your next speaker is Pegeen Hanrahan. She'll be followed by Brad Cornell. MS. HANRAHAN: Thank you, Madam Chair. My name is Pegeen Hanrahan, and I'm with the Trust for Public Land. And you all are asking exactly the right questions. This is a great discussion, and it follows on a really impressive program that your 2.C.a Packet Pg. 57 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 46 county has administered for many years now. The Trust for Public Land, the part of that organization that I work with works with local governments, cities, counties, and also states across the nation to answer the exact questions that you're asking and to help find funding for parks and also open space. And we have worked with dozens of local governments here in Florida and over 500 across the U.S., and almost all of them are preceded by public opinion polling. In the case of Collier County, you, of course, as you know, have a very strong community here, and you have some great community partners. We are working today with, obviously, the Conservancy of Southwest Florida, Audubon of the Western Everglades, Florida Wildlife Federation, and we made the decision, hopefully not too prematurely, to get some information that we could share with you today. We used what's called an interactive voice response poll, which some of you may have gotten in the past. It's a recorded voice that asks questions: Press 1 for this, Press 2 for that, and so on. It was just conducted this last weekend, January 19th through 20th, and we spoke to 501 Collier County voters. It was based on a database that modeled a gubernatorial election, and so it was using folks that would be projected to turn out. We looked at the most recent one in November of 2014. And we asked a number of questions to gauge support for Conservation Collier. As I think you all are aware and as you might anticipate, we got a very strong response, 62 percent, and we did ask the quarter-mill question. Sixty-two percent said that they would like to see Conservation Collier continued. And we actually shared the number for the quarter mill that equates to that figure that Mr. Williams put up that for the median home in Collier County which, as you know, has to sort of blend, you know, typical single-family home with condominium properties, but 2.C.a Packet Pg. 58 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 47 the average cost for a quarter mill is $88 per year. When we introduced that figure into the conversation, again, there was -- nearly a majority said that they would more likely to vote for it, and then a large percent -- 24 percent said that they would -- 26 percent said that the price made no difference. I also want to share that there's a very high awareness -- and you know this because you know your community better than anyone -- but 44 percent of respondents said that they are familiar with this program. And so these are informed voters that we're speaking to, and a nearly 5-1 margin a positive opinion of this program. So we are here to provide assistance to you. I will share most local governments rely on private funding to do polling, and there are a number of reasons for that. The Trust for Public Land does have access to grant sources. And I will say, it is in our best interest to get very accurate results. We don't want overly positive results because we can work in many different places. We want to work in places that want to do this. I'm happy to answer any questions. CHAIRMAN TAYLOR: Commissioner Saunders, your light was on? No. COMMISSIONER SAUNDERS: No. CHAIRMAN TAYLOR: Okay. MR. MILLER: Your next speaker is Brad Cornell. He'll be followed by Nancy Payton. MR. CORNELL: Good morning, Madam Chair and Commissioners. I'm Brad Cornell, and I'm here on behalf of Audubon of the Western Everglades. Appreciate the opportunity to speak to you this morning. I believe you have a summary, a one-page summary of the poll that we all chipped in to make sure was a useful set of data for this discussion this morning. 2.C.a Packet Pg. 59 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 48 We believe that the people of Collier County, the voters of Collier County, would support this enthusiastically, has seen the benefits of Conservation Collier over the years, and would like to see this move forward, and we urge you to consider restarting this program as quickly as possible. We agree that the issue of time is important. Waiting a year to Fiscal Year '18 or later is, in our opinion, unwise. We think you don't need to wait that long. We're very confident in the support that your constituents have for this program, and you just need to look around the region in the last couple of years, and we know that voters have supported these kinds of programs all around us, as well two referenda on this very program itself, although that was 10 years ago. The program is vital for all kinds of resource needs, flood protection, water supply, pushing back on sea level rise, preventing and helping to preventing -- when you have healthy watersheds, helping to prevent saltwater intrusion into wells and water supply. This is absolutely essential. We have unfinished business. The CREW project, Corkscrew Regional Ecosystem Watershed project is unfinished. That is part of Collier County's mission to accomplish that. Horsepen Strand, Winchester Head. I would add Winchester Slough. Connect these areas in eastern Golden Gate Estates, these watershed areas. That watershed needs to be healthy. So we don't believe that you need a referendum to move forward. We don't believe you need a referendum to even accept the TDR credits in the rural fringe mixed-use district donation that Commissioner McDaniel had put out there. We believe you can do what you need to do with the program as it is, and you can move forward now. I would caution you about putting out too many tools in too close of proximity, you know, a poll, a referendum, a straw ballot. Let's 2.C.a Packet Pg. 60 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 49 figure out what we want to do and get right to the point, and do this quickly and efficiently. We think you've got the backing of all your voters, and we hope you move forward quickly. Thank you very much. CHAIRMAN TAYLOR: Thank you very much. MR. MILLER: Your next speaker is Nancy Payton. She'll be followed by Ellen Goetz. MS. PAYTON: Good morning. Nancy Payton representing the Florida Wildlife Federation and one of the sponsors of the poll that was just presented to you. We urge you to move forward to include in the upcoming budget. We are comfortable with gauging public sentiment between now and those budget decisions with discussions about the millage rate and the percentage of buy versus manage, which was presented by staff. The discussion -- the draft question that appeared on the monitor did give me a little pause when it said open space, included open space, because open space isn't necessarily conservation land; could be golf courses, and we don't want to give folks in Lakewood or elsewhere a thought that they could use Conservation Collier land for their golf course. So we need to tweak that question if, indeed, it does go out between now and the budget discussions. I wanted to comment briefly about North Belle Meade and the Natural Resource Protection Area. The staff presentation put it under "acquire." The TDR program provides the opportunity for landowners to convey, gift with an endowment, to the county through Conservation Collier. We have long advocated that is no different than the program Conservation Collier currently has with receiving donated lands. Conservation Collier does receive donated lands, and how would these TDR lands be any different? They're donated lands with an endowment. 2.C.a Packet Pg. 61 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 50 So I think that that's a red flag that's been put up that's undeserved, that there are ways that it can do, and there's no difference. Donated land is donated land. And also the current ordinance talks about acquire, and acquire can mean donated as well as purchase, and manage and protect. So I don't think there's any question that the TDR program can be woven into Conservation Collier without violating any public trust. That wraps up my comments, and we urge you to move forward, and we look forward to working with you to get this in the upcoming budget and get the program revamped. You've got a discussion today about firebreaks. Conservation Collier in North Golden Gate Estates can help with those firebreaks. Thank you. MR. MILLER: Madam Chair, your final speaker on this agenda item is Ellen Goetz. MS. GOETZ: It's good to be last. Ellen Goetz. I have resided in this wonderful place we call home since 1984. I'm coming to you today as a citizen, as one of your voters, and I was the campaign chair of Vote Conservancy Collier 2002 and also in 2006. And I think we're very encouraged by being here today, the ability to be here today. We always said this was a grassroots movement coming from the people, and it really was all about keeping a balance in this county of the way that we appreciate our way of living, frankly. And it's been a successful program. It's saved over 4,000 acres over its lifetime. It has been stopped for the last several years, so I'm sure that there are other parcels that will come forward in this -- if this is to restart. It is -- public access is one of the very important criteria in the ranking of any property, but it is not the only criteria. So a parcel has to be pretty darn good to float to the top if public access is not one of those criteria. Usually it's a water resource protection criteria that 2.C.a Packet Pg. 62 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 51 outweighs -- that the land is very sensitive, so public access is not particularly suited for that. But in the case of Pepper Ranch parcel, which is very publicly accessible and also the Greenway, the Gordon River Greenway parcels, are part of that system of greenway which is wonderful public access. So I would encourage you, as a voter and having lived here for so many years, to do what you believe is correct, as Commissioner Saunders was speaking, and lead us forward in a program that has been successful, is popular, and can continue to do so in the future. Thank you. CHAIRMAN TAYLOR: Thank you. Commissioner Saunders? COMMISSIONER SAUNDERS: Thank you, madam. I'm going to be make a motion, and I want to be very clear in the motion so that everyone understands what I'd like to see us accomplish. I do not believe we should have a formal straw ballot. I don't believe we should go to the voters through that formal mechanism. So the motion is to direct staff to come back at our next meeting with some recommendations on how to gauge general public support for this program through working with the Trust for Public Lands through the former chair of the Conservation Collier, Ellen Goetz, on some ideas, find a way to informally gauge public support for this program, and we'll have that presented to us at our next meeting. At that next meeting, the Commission can decide if it's going to be .25 mills, .15 mills; we'll determine the millage rate that's going to be in the question that's going to be used to gauge general public support. And, Madam Chair, that's the motion, to bring that back at our next meeting. COMMISSIONER FIALA: Second the motion. 2.C.a Packet Pg. 63 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 52 CHAIRMAN TAYLOR: Discussion? Commissioner McDaniel was concerned about the wording. We'll discuss the wording at that time. COMMISSIONER SAUNDERS: Yes. And I will -- and I would encourage the board members -- assuming that this motion passes, I will work with staff to come up with some language. Hopefully commissioners will have some suggestions on some language. And so that at that meeting we will draft the question that would be presented in this informal polling, if you will, of the voters, or the citizens of Collier. CHAIRMAN TAYLOR: All right. Does everyone understand the motion? (No response.) CHAIRMAN TAYLOR: All right. There's a motion on the floor and a second, I believe. COMMISSIONER McDANIEL: A bunch of lights up. CHAIRMAN TAYLOR: Oh, yes, there is. Thank you very much. First, Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. And I -- maybe Commission Saunders said his motion a little more eloquently than mine, but it was pretty much what I was looking to get to, because I heard several of our public speakers raise similar questions about -- Ms. Payton talked about the -- some of the language that was in the staff report with regard to options and how we're going to do, and that was my rationale in that first motion, to bring it back as a formal agenda item so that we can talk with specificity about the -- what we're going to do with the land, how much it's going to be, how much we're going to put into reserves and so on and so forth. So I'm okay with it. I would like to not do a straw poll. I don't think straw polls are all that necessarily effective. I would like to be personally participatory in the polling process. As I said, that Survey 2.C.a Packet Pg. 64 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 53 Monkey can be plugged onto our websites, and as long as we're all asking the same question, and that's what's really important to me, so... CHAIRMAN TAYLOR: Thank you. Commissioner Solis? COMMISSIONER SOLIS: My only comment is that ultimately we're talking about gauging or engaging in some process for gauging the public sentiment. I mean, you know, if -- if we want to gauge the public sentiment as to whether or not they're in favor of this, they ought to just vote on it. I mean, ultimately that's how we do it, and that's the most accurate. Again, I'm not opposed to the program. I think it's a great program. It's just how we get there, I think, is problematic for me because we are increasing property taxes for a specific purpose. So if the motion is more than let's discuss the question, it's how are we going to pose the question, then I'm going to have to -- COMMISSIONER SAUNDERS: The motion is much more than just continuing the dialogue. The motion is telling staff and the public that we're not going to go to the ballot in 2018 -- COMMISSIONER SOLIS: Okay. COMMISSIONER SAUNDERS: -- that we're going to do an informal -- I use the word "polling" because that's what it is, but it's not an election. We're going to do an informal polling, as has already been done by the Trust for Public Lands, but we're going to be a little bit more formal about it and make a decision on what the millage rate will be. Now, that's not -- as was pointed out, that's not necessarily a tax increase, but it is saying that we're going to designate .15 or .2 or .25 mills for this program over a 10-year period. Now, we can do that by having a line item in the budget that increases the millage by that amount or, as was pointed out, we can cut spending somewhere else. But the question is specifically that we're 2.C.a Packet Pg. 65 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 54 going to move forward with this program without going to an official ballot. We're going to do that -- we're going to do this program in 2017. CHAIRMAN TAYLOR: All right. COMMISSIONER SOLIS: Clear. CHAIRMAN TAYLOR: Oh, I can skip you. Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: Yeah. I have a comment with regard to that, because that wasn't what I understood you to say in your first motion, sir, because I can't be certain that I'm going to be able to be happy with the question that's asked, the methodology for the question to be asked, the polling processes that are, in fact -- I can't say today that I'm going to support this without going out to a referendum as, in fact, was done in the past. I don't want to put forth that message. And if that is part of the motion, then I can't support it. CHAIRMAN TAYLOR: As many of you know, I was on the City Council. And when I was elected to City Council, the year was 2000, and I considered it Christmas and my birthday and the 4th of July all in one because not only was I elected to the City Council, it was the first time in the history of Collier County that people agreed to tax themselves to preserve land, and the land was the Naples Preserve. And if anyone knows where the Naples Preserve is, you'll drive by and say -- some folks say, what in the world did they do? I mean, come on, let's build something there. It is the -- it is the -- one of the few examples of upland left on the coastal area. And I think it was almost 80 percent of folks said, we will pay. We will pay extra taxes in order to preserve this piece of land because we need to keep the open space, the natural environment near us. And so I feel confidently, based on the polling that Conservation Collier has done on two occasions, two referendums, that that sentiment is there. I don't think people change. I think as we grow, it's 2.C.a Packet Pg. 66 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 55 even going to become even more important. And I will honor my colleague to my left, Commissioner Saunders, because he was the first politician who dared speak on this in the '90s. He had an initiative called, and forgive me, Penny for Paradise. And it really -- it was a big step. It was a risky step. The folks weren't quite ready to accept it. But I was so pleased to see that, newly elected, back on the commission that you're starting that initiative again. I think you have your hand on the pulse of this community, and I really appreciate what you've done. So that being said, we have a motion on the floor -- I think we all understand it -- and a second. All those in favor? COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed? COMMISSIONER McDANIEL: Aye. COMMISSIONER SOLIS: Aye. CHAIRMAN TAYLOR: All right. Thank you very much. It carries. And next meeting we'll get into the -- roll up our sleeves and get into the wording and appreciate our partners to come and help us with some wording, individually, of course, and at that point, I think we're going to give our hardworking court reporter a break, and we'll be back here at five to 11. Thank you very much. (A brief recess was had.) MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN TAYLOR: Thank you very much. Item #9B 2.C.a Packet Pg. 67 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 56 RESOLUTION 2017-14: AN INTEGRATION AGREEMENT INCORPORATING THE TERMS OF SETTLEMENT OF A LAWSUIT AGAINST ORANGE TREE UTILITY COMPANY ("OTU"), ORANGETREE ASSOCIATES AND RELATED PARTIES IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, AND TO APPROVE THE TRANSFER DOCUMENTS REQUIRED TO TRANSFER WATER AND WASTEWATER ASSETS TO THE COUNTY, AFTER BOARD OF COUNTY COMMISSIONER CONSIDERATION AND APPROVAL OF SUCH TRANSFER AT A DULY NOTICED PUBLIC HEARING REQUIRED BY FLORIDA LAW – ADOPTED MR. OCHS: This takes us to Item 9B on your agenda this morning. This was an item that was continued from the January 10th, 2017, board meeting. It's a recommendation to approve by resolution an integration agreement incorporating the terms of settlement of a lawsuit against Orangetree Utility Company, Orangetree Associates, and related parties in the Circuit Court of Collier County, and to approve the transfer documents required to transfer water and wastewater assets to the county after Board of County Commissioner consideration and approval of such transfer at this duly-noted public hearing as required by Florida law. Mr. Yilmaz, excuse me. CHAIRMAN TAYLOR: I think we -- do you -- COMMISSIONER SAUNDERS: Madam Chair and Commissioners, I have a conflict. I represented Orangetree Utilities and the Orangetree developers for many, many years. I no longer represent them and have no financial interest at all in this particular issue and certainly will have no professional relationship 2.C.a Packet Pg. 68 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 57 with the Orangetree Utilities or the developer going forward, but on the advice of counsel, I'm not only indicating that I have a conflict and will fill out the form, but I'm going to exit the room and not participate in the discussion. So thank you. CHAIRMAN TAYLOR: Thank you very much. So ex parte? MR. OCHS: No, ma'am. I don't believe ex parte is required here. MR. KLATZKOW: This is legislative, not quasi judicial. MR. OCHS: Dr. George Yilmaz, your Director of your Department of Public Utilities, will begin the staff presentation. MR. YILMAZ: Good morning, Commissioners. For the record George Yilmaz, Public Utilities. In summary, we do have staff recommendations in close coordination with all parties on Page 112 of your package listed. Without going through line item by line item what those recommendations are, our objective is, as recommended in executive summary, receive our governing board and Board of County Commissioners approval of what staff has recommended and execution of the agreements signed by the Orangetree Utilities as well as Orangetree Associates presented to you that is in front of you. With that, I'd like to introduce our special legal counsel who will provide you with brief background and with an executive summary that will paint a picture for you on a high-level policy level. Thank you. And, Mr. Brian Armstrong, sir. MR. ARMSTRONG: Thank you, Dr. Yilmaz. Commissioners, my name is Brian Armstrong. I'm with the law office of Brian Armstrong, PLLC, in Tallahassee, Florida. I am the county's special utility counsel. I've been representing private utilities and government utilities for over 30 years, predominantly doing purchases and sales of utility systems, rates, and actually management of utilities. 2.C.a Packet Pg. 69 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 58 About half of that time, the last 16 years, it's been predominantly government utilities: Counties, cities, government utility authorities that I have represented in matters like you have before you today. I have written out a presentation to you because I think it's clear -- we really want to be clear on the record, and this is a hearing as to -- and I want to be as clear to you because this has been going on for a long time -- for a couple of you it's the first time you're hearing about it -- and I think it's really important that we address some of the factors that relate to this matter. The hearing was publicly advertised on December 28th, 2016, as required by law. Florida law also requires that this board -- and today you're acting as the Board of County Commissioners as well as sitting as the governing board of the Collier County Water/Sewer Department, so it is two functions you're actually fulfilling today. And when you make a decision, it's based upon the best interest not only of Collier County itself, but also on behalf of the Collier County Water/Sewer Department and the customers that it serves. There are nine factors that the Florida law requires be considered before a county can actually take over a utility system. The staff report that we've presented to you does cover each of those nine factors, and certainly we can answer any questions you might have with respect to that report. The staff recommendation and my recommendation to you today is to sign the integration agreement presented to you, which has already been signed by Orangetree Utility and Orangetree Associates. Transfer documents, deeds, bills of sale, easements, and assignment of easements, all the documents that typically are used to close a transaction like this that have all been signed by Orangetree Utility and Orangetree Associates are in the package provided to you. Also, a bulk reclaim water agreement is before you today. It's also signed by an Orangetree Utility affiliate called Community 2.C.a Packet Pg. 70 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 59 Resource Services. The Valencia Homeowners Association would be another party to that bulk reclaim water agreement because it would allow, after the county assumes ownership of the Orangetree system and upgrades that wastewater system to be reclaimed water, which is the highest standards available, it would allow the county to then sell water to Community Resources, which would then be used to irrigate the Valencia homeowners' common property. And they have indicated their intent to sign the agreement as well if the Board approves it today. Collier County has a lot of experience with reclaimed water and, again, reclaimed water is just highly treated wastewater so that it could be reused out in the public. And you actually serve 23 users of bulk wastewater, reclaimed water today. So it would be one of the benefits that we've described that will occur once this acquisition or this conveyance occurs. As I mentioned, Orangetree Utility and Orangetree Associates have already signed the integration agreement provided to you. Your staff and I request a motion, second, and a vote of this board approving the terms of the integration agreement and authorizing the chair to sign it and the transfer documents today. The staff report and supplemental staff report presented to you describe the benefits to current Orangetree Utility customers, current Collier County Water and Sewer Department customers, and Collier County in general if the Orangetree system is integrated into the Collier County Water/Sewer Development. There are many benefits. And you should also know that because the county will improve the wastewater treatment to reclaimed water standards, there will be an increase in cost. And customers at Orangetree who are currently receiving bills from Orangetree will receive about a 31 percent increase in their monthly bill at 5,000 gallons. 2.C.a Packet Pg. 71 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 60 The water bill will actually come down a little bit, but the wastewater bill, because of this higher treatment level, will go up by, you know, a little bit more than 30 percent, which will net out to be a 31 percent difference in their bills. So some could say that's a disadvantage, but based upon all the other advantages from this transaction, it's heartily recommended to you by me and by your staff. Ordinarily I would end my presentation here; however, staff has been advised that Orangetree Utility and Orangetree Associates do not accept the findings of the engineering firm contained in the updated report, which is contained in Appendix I of the integration agreement we've provided to you. The engineering firm was asked to determine if there is excess capacity in the Orangetree system above and beyond the capacity necessary to serve existing Orangetree customers and future customers where capacity has been committed by developer agreements. Now, we'll get into a little bit about the developer agreements, but we also recently have learned that one of the policies of Orangetree is not to require a development agreement for up to 200 connections so there could be additional capacity out there that's been committed that we would need to know about that would not be reflected even in the developer agreements we've been provided. Based upon information provided by Orangetree to the Department of Environmental Protection only a few months ago, the engineering firm updated their prior report regarding excess capacity and determined that no excess capacity exists in the Orangetree water system or wastewater system. Orangetree Utility and Orangetree Associates apparently disagree. Orangetree Utility and Orangetree Associates believe there is excess capacity, and they believe that the county should pay for that excess capacity by giving Orangetree Associates free connections after 2.C.a Packet Pg. 72 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 61 closing. That is why staff and I sent you the supplemental report yesterday. That's the very reason we had to send that to you. We want you to understand that we believe the updated engineering report to be accurate. We want you to understand that in the most recent developer agreement negotiated and signed in September of 2016 by Orangetree Utility with Orange Blossom developer, the utility collected $418,400 in prepaid connection charges, and for the first time, the utility added a sentence in the developer agreement notifying the developer that if capacity was not available in the Orangetree system to serve all of the prepaid connections, that whatever capacity that is available would be allocated to developers based upon the prepaid connections and the date they actually signed a developer agreement with the utility. Orangetree only provided us with a copy of that developer agreement five days ago on January 19th. We refer to this developer agreement and specifically that new sentence as the "smoking gun." No prior developer agreement of Orangetree Utility had this sentence, putting the developer on notice that capacity may not be available even though they have prepaid connection charges, and that sentence indicates that if capacity is not available, what capacity exists would go to the developers who have prepaid for connections in the order that they signed a developer agreement with Orangetree Utility. This agreement, given to us only five days ago, just before last weekend, confirms the findings of the engineering firm and confirms your staff's belief that no excess capacity exists. The supplemental report also was provided to you to inform you that staff disagrees with Orangetree Utilities and Orangetree Associates, that they should be provided free connections after closing regardless of whether there is excess capacity. There is no mention of free connections in any ordinance or agreement. The ordinances and agreements entered over a period of 25 years 2.C.a Packet Pg. 73 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 62 say that Orangetree Utility and Orangetree Associates, quote, freely and voluntarily agree to convey the Orangetree system to the county at no cost. If free corrections are provided, there is a cost. The cost will be equal to the funds which the Collier County Water/Sewer Department will have to raise to make improvements to the Orangetree system and to pay to expand it to accommodate the free connections which Orangetree Associates desires. Who will bear the cost of those free connections? The customers, the current customers of Orangetree Utility and the current customers of the Orangetree -- I mean of the Collier County Water/Sewer Department. Instead of funding the improvements and the expansions with connection charges paid by Orangetree Associates, the county will have to fund -- raise the funds from somewhere else, and customers will pay for those funds and rates. Finally, the Board should know that just yesterday Orangetree sent us copies of two more developer agreements. These agreements date from 1993 and 2002 and are between Orangetree Utility and Orangetree Associates. The utility and the -- you know, obviously the affiliated developer. Orangetree Utility and Orangetree Associates refused to provide us -- well, let me be clear. On October 3rd, 2012 -- 2012, that was the first time that your staff and counsel asked for copies of all developer agreements. We asked for copies of all developer agreements. It took about a year, and the response we got was, go find them. We filed them with the regulatory authority. Come to our offices and go find them. In 30-plus years of doing purchases and sales of utilities, I have never experienced that. In fact, Bruce May, who's a counsel for Orangetree that you'll hear from today, who's a fine lawyer and I've 2.C.a Packet Pg. 74 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 63 worked with before in the last major acquisition I did that involved 17 counties and cities and we acquired a major utility called Aqua in the State of Florida -- we just closed it a couple years ago -- one of the first things that I requested on behalf of my clients was copies of all developer agreement. Bruce May represented them and, guess what? One of the first things they provided was all copies of all developer agreements. I've never experienced this before, Commissioners. Yesterday we received two. We have had -- anticipating this kind of a problem, and that's why it's taken so long to get this before you. Anticipating this kind of a problem, we actually went to Orangetree -- we accepted their offer. We sent a lawyer in 2014 to get all developer agreements. Boxes -- the boxes that were provided, he went through it with four members of your county staff. They identified every developer agreement, and they got copies, and they brought them back. And we reviewed them. We know what's in them. One of the specific items that we said -- and I spoke with him -- find every developer agreement between Orangetree Utilities and Orangetree Associates. None were there. Two years later, 2016, they open up the office again. And myself, Mr. Teach, two other lawyers, four lawyers went because we were anticipating this might be a problem. We went to their office. We were brought to a conference room. We were presented 20 boxes or so. We looked through every one, four lawyers. And before we went into that room we said, find every Orangetree Associates and Orangetree Utility developer agreement that is in these boxes. Look for them. Commissioners, I could give you an affidavit from four -- five lawyers; they did not provide these agreements to us. The county cannot know with any degree of certainty how many additional agreements exist or how much capacity has been committed 2.C.a Packet Pg. 75 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 64 by Orangetree Utility to date. This is another reason confirming that a determination that excess capacity exists is fraught with uncertainty. Commissioners, the bottom line, after 25 years of repeatedly saying -- repeatedly saying it would freely and voluntarily convey the Orangetree system to the county at no cost, after 25 years of repeatedly asking the county for additional density and rezoning and asking the county to forestall exercising its right to take the system at no cost -- they repeatedly asked for that, and they were repeatedly given those rights by the county. Each time Orangetree Utility and Orangetree Associates reaffirmed their willingness to, quote, freely and voluntarily convey the Orangetree system to the county at no cost, but now when the county asks for the system to be conveyed to it, Orangetree Utility and Orangetree Associates say they will not do so unless the county pays for it with free connections. Having made this report, staff and I wish to reaffirm that what we are presenting to you by way of the integration agreement is a proposed settlement agreement. As such, there is give and take. For these -- for this reason, to settle the litigation and to incentivize Orangetree Utility and Orangetree Associates to convey the Orangetree system to the county now, the county proposes to allow Orangetree Utility and Orangetree Associates to keep nearly $2 million of prepaid connection charges, including the 4,018,400 they recently collected in September from Orange Blossom, and about $70,000 they recently collected from Publix supermarkets. We propose that they keep that. They have received in the years that they've been operating the system $12 million of contributed cash and property. But unlike anything I've ever seen before in all my years, only $10 million of the dollars of it has been invested to the utility system. So that's the $2 million. It's really required to be invested in the integration agreement you have before you in section, I 2.C.a Packet Pg. 76 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 65 believe it's 8.08; it refers to connection charges. We are saying they can keep it. So that's the cost. That's the give-and-take. That's the settlement. Let them have the $2 million. Let them walk away with it. Staff and I recommend that the Board pass the resolution presented to you finding that the terms of the integration agreement providing for the assumption of ownership of the Orangetree system by the county is in the public interest. Staff also recommends that the Board authorize the Chair to sign the bulk reclaimed water agreement as a necessary part of the Orangetree system integration. That concludes my presentation, and I'm available for any questions you might have, Commissioners. CHAIRMAN TAYLOR: I see no questions. Thank you very much. MR. ARMSTRONG: Thank you. MR. OCHS: Speakers? MR. MILLER: We have public speakers. Your first public speaker is -- CHAIRMAN TAYLOR: I think we need to hear from Mr. Anderson, should we not? MR. OCHS: Is he registered to speak? MR. MILLER: No. MR. ANDERSON: I'm the representative of the utility. We're a party. MR. OCHS: Ask your attorney. It's not a public -- MR. KLATZKOW: I'd hear him. CHAIRMAN TAYLOR: I'm sorry? MR. KLATZKOW: I would hear him. CHAIRMAN TAYLOR: Yes. I think it's -- I think it's important. Also I think I'd like to, if it's okay with our County Attorney, reserve the right to bring the county back up if we have some 2.C.a Packet Pg. 77 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 66 questions. MR. KLATZKOW: This is not quasi judicial. I mean, however you want to approach this. CHAIRMAN TAYLOR: All right. MR. ANDERSON: Good morning, Commissioners. For the record, my name is Bruce Anderson from the Cheffy Passidomo law firm. I'm here on behalf of the Orangetree Utility Company. There are just a couple of procedural items I want to get out of the way before I get into the merits. One is for Appendix G, we need to add the Orange Blossom Ranch development agreement to those that are being assigned and transferred to the county and assumed. With regard to the bulk irrigation agreement, which my client has signed, it consists of three parties. I just would ask if by some chance the HOA doesn't sign it, would that be an impediment to closing? MR. KLATZKOW: George, do you need them to sign it, or can you run this utility without it? MR. YILMAZ: Honorable County Attorney, for the record, Dr. George Yilmaz. The answer is, no, we don't need that agreement executed today; however, that agreement can follow our integration agreement as proposed to be executed here. MR. KLATZKOW: Yes, I understand that. But worse comes to worst, and the homeowners association refuses to sign the agreement, can you still run the utility? MR. YILMAZ: Then they will be 106 on the list to receive our reused water. MR. KLATZKOW: It's yes or no. Can you run the utility without it? MR. YILMAZ: Absolutely, yes. MR. KLATZKOW: Thank you. MR. ANDERSON: And in Appendix I, you have the original Hole Montes report dated from August of 2015, and there is a newer 2.C.a Packet Pg. 78 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 67 unsigned, unsealed Hole Montes memo that's dated from November. My client -- that was not a part of the agreement that my client signed. We do not agree with that memo update, and it is not a part of the integration agreement. I'll get into some details about that in a moment. I want to introduce a couple people. Steve Lowets (phonetic) and Kimberly Thornton from Orangetree Utility Company, and my co-counsel, Bruce May, from the Holland and Knight firm, their Tallahassee office. I became involved in this in order to help push this long-planned acquisition over the finish line, and that's what I'm here to do today. I also want to make clear that it has never been Orangetree Utility's position that there are any impact fee credits or free connections due unless there is excess capacity left in the plants. This is a great deal for the county. You're getting a free wastewater and water plants that, according to the title policy you all procured, has a conservative estimated value of $15 million, and the utility generates annual gross revenues of 1.7 million. So those are free as previously agreed to. There is only one significant point of dispute, and it's concerning the engineering calculations to determine how much excess capacity there is left. Under the mediated settlement agreement, Orangetree is entitled to receive utility impact fee credits in the form of connections for however much capacity is left not to exceed what they need only for the Orangetree PUD, not any of the rest of their service area. Section 5.02 of the integration agreement, which we have posted here, it required the county and the utility to jointly hire Hole Montes, which they did, for an August 2015 engineering report on how much capacity was left at that time. The agreement also provided that the county and the utility would jointly sponsor and pay Hole Montes to 2.C.a Packet Pg. 79 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 68 update their August report. Instead, the county hired Hole Montes as an expert witness for the county, and they had Hole Montes update the report without even contacting the utility company on what was required to be a jointly sponsored update. Now, the county's consulting engineer's August 2015 report is the only valid one before you because it's signed and sealed by an engineer. In fact, two of them. The unofficial November update memo that says there is no capacity left or it's over capacity is neither signed nor sealed by an engineer. Orangetree believes there is capacity left based on updated information that was filed with the Florida Department of Environmental Protection by an engineer for Ronto, who is one of the other developers in the Orangetree PUD. Staff has refused to reconsider or update the Hole Montes memo based on this new information. All we want is a truly independent engineering report to determine if there is any plant capacity left and how much. Now, that can occur after the county takes over operation if that's how you all want to handle it. The county is getting a valuable -- I'm going to sum up now. You're getting a valuable asset. These facilities generate a healthy annual gross return, and not only does the integration agreement give the county a multi-million-dollar revenue-producing asset for nothing, it also settles a long-standing protracted and very expensive litigation. I took a look, and since September of 2012, up to November 2016, the county had incurred $474,000 in lawyer's fees. MR. KLATZKOW: Well, to be fair, Bruce, your client's been paying a lot of those for us. MR. ANDERSON: That's true. I said "incurred." My client honored their -- COMMISSIONER McDANIEL: We're going to be fair about it. 2.C.a Packet Pg. 80 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 69 MR. ANDERSON: Yes, yes, but they did incur it. The county is not going to get a better deal if it walks away from the integration agreement and pursues the litigation. You should approve the integration agreement, take over the utility, and move forward. Orangetree wants to start fresh. It's time to push it over the finish line. CHAIRMAN TAYLOR: Thank you very much. MR. ANDERSON: Thank you. MR. MILLER: Madam Chair, you have four registered public speakers for this item. Your first speaker is Anthony Solomon to be followed by Carl Barraco. MR. SOLOMON: Hi. I'm Anthony Solomon. I'm the executive vice president of the Ronto Group. We are the largest landowner in the Orangetree service area. We own Twin Eagles. We own Orange Blossom Ranch and Groves, and we also control, basically, the rest of the Valencia Golf and Country Club development. So we own or control over 2,000 units in the service area. As well, I am the president of the Twin Eagles Homeowners Association and the president of the Orange Blossom Ranch and Groves homeowners association. And I would urge the commission to complete the takeover of Orangetree Utilities. It has -- I mean, this has been going on for over, I don't know, maybe 15 years. The residents in the area have been promised, since long before we became involved, that the takeover was imminent. They have -- my homeowners, my clients, be they the homeowners, builders, ourselves have suffered, you know, slow development, tough to get things done out there, as you're reading in the papers. They're very frustrated with service, things like that, and I think it's time, that the county owes it to the homeowners in that area to get the same services that the rest of the county gets. 2.C.a Packet Pg. 81 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 70 It's interesting, you know, we're hearing about spending $32 million on acquiring public lands, and there's a large group of homeowners out there that just want to get regular county services. The county's getting the utility for nothing. Right now the county not being involved is hampering both out there terribly. Make no mistake about it, Northeastern Collier is where the growth is going to occur. There's not many places left. It's approved land. It's uncontentious as far as growth goes. The county has done fantastic planning in terms of Immokalee Road. They've got the lines ready to serve, have ready forever. The area's finally poised for growth. And, by the way, it's the growth for working people. Orange Blossom Ranch, we're planning on having homes, you know, from the mid $200s to mid $400s. This is where, you know, we're going to have -- there's three schools out there. Publix is there. This is where the home -- the working people are going to need to go. And this is the most important thing I can think of that's in front of the commission this year. And I know the County Attorney, we've been working with him. He's been working hard to get this deal for years and years and years and, with county staff, and as far as the money that was contributed to Orangetree, you know, I'm the successor to both those entities. Whether it be Bonita Bay or Pulte, we now are the successors to that. And I don't care, let them keep the money. Just take over the utility, please, for everybody in the area. Thank you very much. MR. MILLER: Your next speaker is Carl Barraco. He'll be followed by Shirley Cothran. MR. BARRACO: Good morning, Madam Chair, Commissioners. I'm Carl Barraco. I am a Professional Engineer and President of Barraco Associates, an engineering, surveying, and planning firm serving Southwest Florida. 2.C.a Packet Pg. 82 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 71 I'm here this morning at the request of Mr. Anderson and representing my client, the Ronto Group. We are the engineer of record for Orange Blossom Ranch, which is a Ronto project. And one of our assignments was to obtain a Florida Department of Environmental Protection permit to construct a water distribution system. That was for -- to serve 200 units now and more in the future. I did obtain that permit at the end of 2016. At the time I prepared the application, as I always do, to be used to obtain the permit and, as such the application included some very broad assumptions. Those assumptions are based upon one document, which is a 10-state standard. And as the name implies, that information is taken from a very large geographic area and is based upon many service areas and many plants. So that was a coarse bit of information that we typically use for DEP applications. We obtained that permit in November of 2016. And then I believe it was on January 4th of this year I was asked to participate in a conference call regarding the Orangetree Utilities, and I did. And during that call I learned that the permit that I obtained and the assumptions in the application were being used to determine the available remaining capacity in Orangetree water plant. That was not the intended use for that information. So I suggested that I revise and refine my information based upon more accurate and detailed information such as the -- what I refer to as the 2015 report, and that's the report that Mr. Anderson referenced done by Hole Montes. After the call, I spoke to Mr. Moon at FDEP, explained the situation, and we agreed I would submit a cover letter. And the only thing it was changing are two assumptions on Page 2 of the application. I made those changes, and those changes were based upon the average flow per unit and the peak factor for their daily usage, both 2.C.a Packet Pg. 83 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 72 from the 2015 report. At this time that's the best information available, and it's very specific to that plant and that service area. That was submitted to the FDEP. Copies were given to Mr. Bolt and Mr. Hoyt, who also signed the original application, and a copy was given to Dr. Benson, one of the authors of the 2015 report. I believe that is the best information available that could be used for both obtaining the permit, which was original intent, and it's also very valid and reasonable for what it may be used for in capacity. And in closing, I'd like to read something from the report, if I may. CHAIRMAN TAYLOR: How long is it, sir? MR. SOLOMON: About 15, 20 seconds. CHAIRMAN TAYLOR: That's fine. MR. SOLOMON: This is on Page 4 of the 2015 report. When we divide the adjusted maximum daily flow in March 2013 by the average daily flow over a three-year period, this results in a peak-day factor of 1.49, which is what my revision was based upon, which can be multiplied times the average annual daily flow water level of service of 146 gallons per day per ERC, which is also the basis of my revision, to obtain a maximum daily flow water system level of service of 217 gallons per day per ERC. And this is the important part: This maximum daily flow level of 217 gallons per day per ERC is what needs to be used when identifying available water treatment plant capacity for future customers. The 200 units in my application are not on the system. They are future customers. That's why I was so comfortable using this information in my revision, to satisfy both the permit requirements and if it's used in the future capacity. Thank you. CHAIRMAN TAYLOR: Thank you very much. MR. MILLER: Your next speaker is Shirley Cothran. She'll be followed Philip Muttonry (sic). 2.C.a Packet Pg. 84 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 73 MS. COTHRAN: Hello. I am Shirley Cothran. I am the Civics Affair Chairman for Waterways of Naples. Orangetree Utility is -- we share a common property border with them. Our development has been waiting years for the county to take over the water plant, and we hope that you approve it and get it over with. There were three other water facilities on the agenda this year -- this meeting that are going through on your consent agenda without discussion vote. Companies do this all the time. Orangetree Utility has fought this for years. They lost a lawsuit earlier in the 2000s, and they had to pay the county for the county's attorneys fees. They lost it on appeal also. Please do this. We are tired of dealing with -- we're looking for -- to deal with people who believe in public service. And all our interactions with the Collier County water system have been positive, friendly, nice. The same cannot be said for interactions with Orangetree Utility. Waterways has an additional problem in that Orangetree wants to use the pipes that run under our streets to connect the recycling collections center that will be up by the fairgrounds to the water system. Our covenants say that nothing in our development can be used to serve the public. The alternative is connect to the water system that's across Immokalee Road that the county has already run pipes for or let that -- or do something else with that facility. Everything in the fairgrounds is on well and septic, but for some reason this one facility that is going to have two bathrooms and a sprinkler system, Orangetree insists that they be connected to their water system. And they want to dig up the yards of two homes to run the pipes through it so they can get up there in the shortest distance; whereas, there are other alternatives, and one is to use the pipes that run along 2.C.a Packet Pg. 85 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 74 Oil Well Road and up Immokalee and up to 33rd. So please approve this. Thank you. MR. MILLER: Madam Chair, your final speaker on this agenda item is Philip Muttonry. MR. McHENRY: Hi. Philip McHenry. Actually -- MR. MILLER: Sorry. MR. McHENRY: No problem. I come to you as a resident, actually, from the Ranch at Orange Blossom. I bought my house about two years ago. It's been great. It seems a bit frustrating to see the future money and growth that's being invested in the area be stunted by lack of capacity for water. It seems like we should have that figured out. I also work in the area, but understanding that, you know, we have the future -- I have a son now, one-year-old. I look forward to, you know, spending future years with him. You have the Corkscrew Island Park. I'm not sure if that has much to do with this, but is that going to sit there, a ball and chain, for future years as it doesn't have water, just like the Publix sits? And our community now has a recently built clubhouse that is completed but we cannot use it because we can't connect to water. So I'm just here to voice frustration with the overall scene and would hope you guys could absorb it. I've actually lived in Collier County for years as well. I've had great experiences with both utilities, but the fact that we can't seem to get water is mind boggling. So we would appreciate and urge you to take over the system and get this resolved. Thank you. CHAIRMAN TAYLOR: That's the end of our speakers. So, Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. Are you ready for a motion? 2.C.a Packet Pg. 86 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 75 CHAIRMAN TAYLOR: I am. COMMISSIONER McDANIEL: If I can ask our county attorney one question before I make my motion. When Mr. Anderson, the representative of the developer, was at the microphone, he added in a couple of things. Did you hear anything there that gave you heartburn from the agreement that we have? MR. KLATZKOW: You don't have an agreement. COMMISSIONER McDANIEL: The settlement that's -- MR. KLATZKOW: What he's saying to you is that you don't have an agreement, that he disputes -- Bruce, do you mind? I don't want to mischaracterize that. COMMISSIONER McDANIEL: He added in a couple of developer agreements that -- MR. KLATZKOW: Yeah. My understanding, Bruce, is that your client's disputing the Hole Montes amended report as it were. MR. ANDERSON: Yes, sir. MR. KLATZKOW: So that at the end of the day you don't believe that that amended report is -- was contemplated by the integration agreement? MR. ANDERSON: Not in the way it was done, no. We believe it to be a tainted report, tainted by the county staff by going ahead and engaging Hole Montes as an expert witness instead of having the study done jointly, as the integration agreement required. MR. KLATZKOW: All right. So what I'm hearing is that you don't have an agreement. MR. ANDERSON: Only over that item. COMMISSIONER McDANIEL: In that item. MR. KLATZKOW: In that one item, yes. COMMISSIONER McDANIEL: I'd like to make a motion that we approve the settlement agreement with an amendment to the effect that upon the county's takeover of the facility, which I think is March 2.C.a Packet Pg. 87 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 76 1st, that we come to an agreement on a mutually agreed upon third-party consultant to ascertain the potential of existing capacity. Does that get us where we need to go? MR. KLATZKOW: Well, let me ask Mr. Anderson, would that be agreeable to your client? MR. ANDERSON: Yes, sir. MR. KLATZKOW: And are you authorized to accept that? MR. ANDERSON: Yes, I am. MR. KLATZKOW: All right. CHAIRMAN TAYLOR: He's being waved. COMMISSIONER SOLIS: Brian? MR. KLATZKOW: Well, let me just finish then. MR. ANDERSON: Yes. We probably ought to talk about a timeline for that to be done but, otherwise, I agree with Commissioner McDaniel's motion. MR. KLATZKOW: All right. And previously we had given you three experts who were on current county contracts. Would you be amenable to one of the other two that are on current contracts? MR. ANDERSON: Yes. MR. KLATZKOW: All right. So these would be county contracted experts already existing. COMMISSIONER McDANIEL: Mutually agreed upon. CHAIRMAN TAYLOR: No trouble with procurement or anything? MR. KLATZKOW: No. We already have contracts with them. COMMISSIONER McDANIEL: Right. And won't do it until after the county actually physically has possession. MR. KLATZKOW: So there's a report that will be generated after the county gets possession, correct? MR. ANDERSON: Yes, sir. MR. KLATZKOW: All right. And at that point in time, the 2.C.a Packet Pg. 88 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 77 whoever we agree upon will come up with a report. COMMISSIONER McDANIEL: Now, is your timeline, Bruce, with regard to the third-party mutually agreed upon consultants ascertaining the existing capacity -- MR. ANDERSON: Yes. COMMISSIONER McDANIEL: -- or is it us picking one? MR. ANDERSON: No, no, no. For them to make the determination within some specified period of time after they've, you know, looked at records and consulted with our folks. COMMISSIONER McDANIEL: Right. And Dr. Yilmaz gets in there and waves his magic wand, so... MR. KLATZKOW: All right. Let me just make this specific so that the Board knows what you're voting on. All right. So, George, we have two other experts on contract, correct? MR. YILMAZ: Sir, I think we have up to 12. I will say we'll look at our -- all engineering consultants available to us in the subject matter. I will say we will look at all those contracts and agree to one. MR. KLATZKOW: Okay. But you're comfortable with all of them, correct? MR. YILMAZ: Yes. MR. KLATZKOW: Okay. Then my recommendation would be that, Bruce, your client picks one that was already on our contracts anyway to avoid any dispute. MR. ANDERSON: Okay. MR. KLATZKOW: Okay. So that -- MR. OCHS: We'll jointly pick one. MR. KLATZKOW: You may have a dispute if it's going to be a jointly picked one. We've already gone into contracts with these people is what I'm saying. MR. OCHS: He'd agree to any of them that are on our contract? 2.C.a Packet Pg. 89 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 78 MR. KLATZKOW: Yes. All right. So that will be the person we use. That report will commence after we take over the facility. COMMISSIONER McDANIEL: And what's a reasonable length of time for it to be completed? That's the question that I don't know. MR. KLATZKOW: I don't know how long it takes for these reports to get completed. CHAIRMAN TAYLOR: But, again, the issue is to get the utility transferred with the integration agreement; to get it signed and to get the county -- COMMISSIONER McDANIEL: In possession. MR. KLATZKOW: My understanding, and correct me if I'm mistaken, is that you will have -- on March 1st you will have possession of the facility. Is that correct, Bruce? MR. ANDERSON: Yes. CHAIRMAN TAYLOR: That's what I heard. MR. KLATZKOW: That there is one open issue, and that's whether or not there's additional capacity. COMMISSIONER SOLIS: But that's not what I heard. I thought the first thing that Bruce started out with was that there were more developer agreements that needed to be added to do Appendix G. MR. KLATZKOW: Right, and that goes to the excess capacity. We're not entirely sure how much has been sold by the current ownership. COMMISSIONER SOLIS: Okay. Let me -- just for my own purposes, so I understand, the settlement agreement, what we're calling the settlement agreement, has been signed by Orangetree. MR. ANDERSON: That's correct. MR. KLATZKOW: But they're disputing one of the terms. This key term they're disputing. COMMISSIONER SOLIS: But they've already signed it. 2.C.a Packet Pg. 90 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 79 MR. KLATZKOW: Yes, but they signed it with the understanding it would be one Hole Montes report. That report was updated. They don't agree to the updated report. COMMISSIONER SOLIS: But -- MR. KLATZKOW: That's the dispute. COMMISSIONER SOLIS: -- the provision, Bruce, that you presented -- and we only see part of the paragraph because -- do you have Page 12? MR. ANDERSON: Yeah. COMMISSIONER SOLIS: Because it says -- well, leave the -- put them up there so we can read the whole thing. I mean, I don't understand what the issue is, frankly, because it says where you put the star, the parties further agree to retain and jointly pay Hole Montes to update the Hole Montes report for any changes and excess capacity. I mean, the agreement says that Hole Montes is going to do that, right? MR. ANDERSON: Jointly. This was a unilateral decision. MR. OCHS: It says "jointly pay." COMMISSIONER SOLIS: Okay. Well, I want to understand where we stand. Okay. That's number one. Number two, at the time that the agreement was signed, all of the developer agreements that were known or -- by the county or whatever were attached as Appendix G. MR. ARMSTRONG: The updated Hole Montes report was in their possession. They had it when they signed the agreement, and the developer agreements that we were able to locate were attached to Appendix G. They did not identify Publix. They did not identify Orange Blossom. COMMISSIONER SOLIS: So that was the -- the ones, Bruce, that you're referring to that you would like to have added were ones that came up later? 2.C.a Packet Pg. 91 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 80 CHAIRMAN TAYLOR: Like yesterday. MR. ARMSTRONG: Yes. That's what he's asking, I believe. Right, Bruce? COMMISSIONER SOLIS: I mean, at the time that the utility signed the settlement agreement, there was an Appendix G that had developer agreements attached. MR. ANDERSON: Yes, sir; yes, sir. COMMISSIONER SOLIS: The ones you're talking about were not attached to that agreement at the time Orangetree signed it. MR. ANDERSON: That's correct. COMMISSIONER McDANIEL: That's my understanding. MR. ANDERSON: Yeah. COMMISSIONER SOLIS: Okay. And they were in Orangetree's possession? MR. ANDERSON: They were also in the county's possession. I mean -- MR. KLATZKOW: No, hold on. Bruce, hold on. Your client has personal knowledge as to every agreement your client entered into with respect to these connection rights. Okay. That's what we need. My understanding is that all those agreements have been provided to us; is that correct? MR. ANDERSON: I believe so. MR. KLATZKOW: And to the best of your knowledge, there's nothing else out there; is that correct? MR. ANDERSON: That's correct. MR. KLATZKOW: Because if there's something else out there, that goes against whatever capacity might be remaining. MR. ANDERSON: You betcha. MR. KLATZKOW: Okay. COMMISSIONER SOLIS: Okay. I'm just trying to figure out exactly what the agreement was that was signed. That's all I'm trying 2.C.a Packet Pg. 92 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 81 to do, because -- MR. ANDERSON: Which agreement, the integration -- the settlement agreement? COMMISSIONER SOLIS: Yes. MR. ANDERSON: Yeah. MR. ARMSTRONG: Commissioner, if I may, too, I just want to reaffirm, I mean, the Hole Montes update -- the litigation was going on. We were forced to hire and identify witnesses, the county was, in that litigation because of all the delays. The Hole Montes report update was in their possession when they signed the agreement. If there's going to be anything like has been suggested by Mr. Anderson, Appendix I should be stricken. Take out the Hole Montes report that's there because, you know, we have our problems with that, too. But now they don't have problems with the update, so we forget that and we leave the other? I think if there's going to be a -- COMMISSIONER SOLIS: Well, we can't, because at the time that the agreement was signed, that's what the agreement was, right? MR. ARMSTRONG: You have to have both. COMMISSIONER SOLIS: It's the four corners of the paper; that's what was agreed to. So it seems to me that we're trying to amend something that was agreed to on the fly here and adding exhibits and things. I mean, I just don't see how we do that. I mean -- secondly -- and I don't have any objection to what Commissioner McDaniel was proposing as long as we have a time period. I mean, if we have a list of engineers, you pick one, right? That should take, what, three days? COMMISSIONER McDANIEL: After the takeover. COMMISSIONER SOLIS: Okay. So what I would suggest -- and I don't know if I'd be making an amendment to your motion or suggesting one, but what I would suggest is that the utility will agree to one of our experts within three days, and if that isn't communicated in 2.C.a Packet Pg. 93 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 82 three days, the county picks one. And -- MR. KLATZKOW: Three days from what date, sir? COMMISSIONER SOLIS: From today. I mean, this isn't something that we need to research that we need to -- MR. ANDERSON: That's fine; sure. COMMISSIONER McDANIEL: That's fine. I mean, I was -- I had set it all up that it be done upon our actual physical takeover of the utility. But, I mean, if they can pick from one of the 12 in three days, I'm good with that. MR. ARMSTRONG: The county also selects -- I mean, participates in the pick of the engineer. MR. OCHS: Right. MR. KLATZKOW: Hold on. No, no. We are already under contract with people. We've already said that -- CHAIRMAN TAYLOR: Preselected them. MR. KLATZKOW: We've already preselected these people. MR. ARMSTRONG: Commissioners, we have looked at these engineers. Some of them not -- for one reason or another, it's not in the best interest of the county to have some of these engineers on that list. That's -- I represent you, and I am informing you now, some of those engineers are not the engineers that you would want to have; whether it's because of conflict or whether it's because there's already been an outreach from -- COMMISSIONER SOLIS: Understood. Then let me make another suggestion so we don't get bogged down in the weeds here. Dr. George, within three days, picks three, and Orangetree has three days to pick one of those -- to agree to one of those three; would that work? MR. YILMAZ: Commissioner, with your indulgence, we want to make sure that I stay with what I heard from County Attorney and from an operational standpoint and what we have before you in terms 2.C.a Packet Pg. 94 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 83 of overall comprehensive recommendations. It would be advisable we pick and initiate any work as addendum being entertained by the governing board to commence after we take over, not prior to. MR. KLATZKOW: No, no. That's not what we're saying. What the Commissioner's saying is you get to pick three people -- COMMISSIONER SOLIS: Right. MR. KLATZKOW: -- present them to Bruce, and then Bruce will pick one of them, and that will be the expert. COMMISSIONER SOLIS: Yeah. We can start this selection process immediately. MR. OCHS: But the work itself will not proceed. COMMISSIONER McDANIEL: Does not commence until we -- THE COURT REPORTER: I need one at a time. COMMISSIONER SOLIS: I'm just trying to move this along so -- MR. YILMAZ: Commissioner, with that clarification, we're good. MR. KLATZKOW: Just absolute clarity on this, because we're amending an agreement, all right. Within three days Mr. Yilmaz will give Mr. Anderson three names. COMMISSIONER McDANIEL: Off our list. MR. KLATZKOW: Off our list, okay. Within three days after that, your client will pick one of those three names. That person or firm will commence the review within 30 days after we take over the facility. MR. OCHS: Correct. COMMISSIONER FIALA: Okay. Then I'll second your motion. It sounds like it's coming along pretty good. COMMISSIONER SOLIS: And -- CHAIRMAN TAYLOR: Wait, wait. 2.C.a Packet Pg. 95 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 84 MR. OCHS: Hold on. COMMISSIONER SOLIS: I'm sorry. COMMISSIONER McDANIEL: No, you're not allowed to talk anymore. COMMISSIONER SOLIS: I'm sorry. And one last thing -- CHAIRMAN TAYLOR: We're going to repeat the motion. COMMISSIONER SOLIS: -- is that if the utility does not make its selection within three days, the county picks one. I want an end date -- MR. ANDERSON: That's fine. COMMISSIONER SOLIS: -- so this thing moves forward and we're not stuck in the same thing we've been doing for 15 years. MR. ANDERSON: Absolutely. The other end date we need is when the report will be finished by. COMMISSIONER McDANIEL: And that's a difficult thing to ascertain, Bruce, just because of the moving target. And Dr. Yilmaz hasn't gotten into the facility. I mean, would a six-month period of time be sufficient for -- CHAIRMAN TAYLOR: Two months, two months. COMMISSIONER McDANIEL: It's really irrelevant as far as -- because we want to make sure that we do it right. I understand your request for wanting an end date to keep everybody online. I mean, the aspect of -- because at the -- where we're going with this is that the county actually has possession. So I want to provide, and don't want to have to come back and amend, a sufficient period of time to allow the third party to -- with the assistance of our staff, to ascertain the capacities of the pump. MR. KLATZKOW: How long did it take Hole Montes to come up with their report, George? MR. YILMAZ: For the record, George Yilmaz. MR. KLATZKOW: Ballpark. 2.C.a Packet Pg. 96 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 85 MR. YILMAZ: I'm not sure Hole Montes, but any engineering firm we have, out of 12, it will be three to six months up to to get their hands around for using best engineering practices, including other means and methods that they will have discretion to. MR. KLATZKOW: So might I suggest six months, but time is not of the essence because we're dealing with somebody else. COMMISSIONER SOLIS: We've already gotten the -- it turned over. COMMISSIONER McDANIEL: And I don't want to -- and I don't want to make a commitment for somebody else that we haven't picked to make sure that we're not doing excessive things on the front end, so... CHAIRMAN TAYLOR: Okay. So we have a lot of conversation right now. I think if we're done asking questions, if we're clear on this, I would like, with your indulgence, I'd like our County Attorney to repeat what he believes is the motion on the floor, just once, without any conversation, and who's ever going to second it, and we are going to vote. MR. KLATZKOW: All right. And, Commissioner McDaniel, if I misstate that, please correct me. COMMISSIONER McDANIEL: I will. MR. KLATZKOW: Motion to approve staff's recommendation with the following change. And, Bruce, as I go through, if you would agree to this. One, within three days of today Mr. Yilmaz will provide you three names of engineers we currently have under contract, correct? MR. ANDERSON: Yes. MR. KLATZKOW: Within three days after you receive those names, your client will pick one of them. MR. ANDERSON: Yes. MR. KLATZKOW: If your client fails to pick one of them 2.C.a Packet Pg. 97 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 86 within three days, then Mr. Yilmaz will pick the expert. MR. ANDERSON: Yes. MR. KLATZKOW: That expert will do a report as to what the capacity of the plant is as of the takeover date, correct? MR. ANDERSON: Yes. MR. KLATZKOW: That report will commence after the takeover date, which I believe is, what, March 1st. COMMISSIONER McDANIEL: March 1st. MR. ANDERSON: Yes. MR. KLATZKOW: It is hoped that that expert report will be available within six months, but since we do not control the expert, time is not of the essence; is that correct? MR. ANDERSON: I wouldn't say time is not of the essence. MR. KLATZKOW: If it's not there in six months, what are you going to do? COMMISSIONER McDANIEL: Ask for an extension. MR. KLATZKOW: I mean, do you want to come back to the Board for an extension or -- COMMISSIONER McDANIEL: March 1st is when the -- I'm sorry. MR. ANDERSON: Yeah, March 1st is the date from which the capacity determination would be made. COMMISSIONER McDANIEL: Begin. MR. ANDERSON: Yes, yes. Just one -- we're talking three business days, correct? MR. KLATZKOW: Yes. CHAIRMAN TAYLOR: That's correct. MR. ANDERSON: The determination of excess capacity will be as of the day you-all take over operations, which is presently scheduled to be March 1. MR. KLATZKOW: Yes. And the report will be in, we hope, 2.C.a Packet Pg. 98 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 87 within six months, but time is not of the essence; is that agreed? MR. ANDERSON: Yes, but, you know, telling a lawyer or an engineer -- MR. KLATZKOW: But I can't help -- MR. ANDERSON: -- time is not of the essence -- MR. KLATZKOW: -- it if your client doesn't provide him with the documents, now, can I? COMMISSIONER McDANIEL: To keep these two from arguing about this -- CHAIRMAN TAYLOR: Commissioner Solis has a comment. COMMISSIONER SOLIS: Well, I have one more issue, I'm sorry, because this is a complex transaction. CHAIRMAN TAYLOR: No. This is important. This is what we're doing. We're working this out so it's clear on the record. And if we have to spend until 3 o'clock this afternoon doing it, we are going to do this. COMMISSIONER SOLIS: Good. This is maybe the most important question, because we're doing this last analysis of the capacity for what purpose? We're trying to figure out if there is excess capacity or if there isn't excess capacity. Because if there isn't excess capacity, then these free hookups are going to require some investment by the county to create more capacity. MR. KLATZKOW: If there isn't excess capacity, his client's get no credits. MR. ANDERSON: That's correct. COMMISSIONER SOLIS: His clients get no credits? MR. KLATZKOW: Nothing. COMMISSIONER SOLIS: Okay. MR. KLATZKOW: That's what we're talking about. How many credits do they get, which is dependent upon the excess capacity, if any. 2.C.a Packet Pg. 99 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 88 COMMISSIONER SOLIS: We're talking about credits, not the funds that have been collected that would supposedly reflect some excess capacity that there is there? MR. KLATZKOW: Right. MR. OCHS: Right. COMMISSIONER McDANIEL: Or not. MR. OCHS: Well, Brian? MR. ARMSTRONG: Yeah. We're not talking about the $2 million in prepaid cash that they have in their hands right now. COMMISSIONER SOLIS: Okay. MR. ARMSTRONG: That we have agreed in our settlement to let them keep. It should be invested in the plant, and it hasn't been, but they can keep it. What we're talking about is just going forward. When we -- at integration date, the capacity of the plant, or the system, the whole system, will be determined, how much is being used and how much is being committed will be determined using, as Dr. Yilmaz said, using engineering standards and practices. And then if there's excess, you would determine how many free connections would be available to Orangetree Associates. COMMISSIONER SOLIS: Right. And if there is no excess capacity, there's no free connections. MR. KLATZKOW: That's correct. COMMISSIONER McDANIEL: Correct. MR. KLATZKOW: Now, just one last item; that whatever number is agreed upon, expert gives, both parties agree to abide by it. CHAIRMAN TAYLOR: We are. COMMISSIONER SOLIS: Yep. MR. ANDERSON: Yep. COMMISSIONER SOLIS: That's what we're doing. I mean, so, in essence, we're limiting our -- the county's exposure by doing this for 2.C.a Packet Pg. 100 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 89 these free connections that there may not be capacity for. MR. KLATZKOW: That's right. It's our belief there is no capacity. It's Orangetree's belief that there is capacity. This expert will tell us whether or not there is capacity. COMMISSIONER SOLIS: And this issue is addressed in the settlement agreement? MR. KLATZKOW: It is, but the methodology that's been utilized has been, well, challenged, I guess. COMMISSIONER SOLIS: Right. But we're resolving that with the expert. Yes, that's correct. MR. ARMSTRONG: Your motion will resolve that. Your motion will resolve that. It will tell us what to do. COMMISSIONER SOLIS: Okay. I just wanted to make sure on the record that the motion resolves that issue. Okay. CHAIRMAN TAYLOR: Okay. So for -- at the risk of -- COMMISSIONER McDANIEL: All the lawyers in the room are shaking their head in the affirmative. CHAIRMAN TAYLOR: So at the risk of being repetitive, County Attorney, would you please repeat again, and would you please agree? And have we solved the issue of time is of no essence? Have we resolved that? COMMISSIONER McDANIEL: Yes. MR. KLATZKOW: Yes. CHAIRMAN TAYLOR: Okay. MR. KLATZKOW: To repeat it, it would be that -- the motion would be to approve the executive summary as recommended by staff with the following exceptions: One, within three business days of today, Mr. Yilmaz will provide Mr. Anderson with three names off of the county-approved contracts, correct? MR. ANDERSON: Yes. 2.C.a Packet Pg. 101 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 90 MR. KLATZKOW: That within three business days after receiving those names, your client will pick one of them. MR. ANDERSON: That's correct. MR. KLATZKOW: That if your client fails to pick one of them, Mr. Yilmaz will pick the expert. MR. ANDERSON: That's correct. MR. KLATZKOW: Okay. That that expert's task will be to ascertain what capacity there is in this plant as of the date of the takeover which is, at this point in time, scheduled for March 1st. MR. ANDERSON: Yes. MR. KLATZKOW: Okay. That expert will prepare a report hopefully within six months thereafter. MR. ANDERSON: Yes. And we do hope that -- for a change, that whichever engineering firm is retained, that they will communicate with my client and their engineer. MR. KLATZKOW: Yes. It's mutually -- yes. And lastly, both parties agree to be bound by the determination of this third-party expert. MR. ANDERSON: Yes. MR. OCHS: Who's paying? MR. KLATZKOW: Payment to be split in half. MR. ANDERSON: Yes. CHAIRMAN TAYLOR: Is that your motion, sir? COMMISSIONER McDANIEL: Pretty dang close. CHAIRMAN TAYLOR: Let that be on the record. Do we have a second to that motion? COMMISSIONER FIALA: Yes, I seconded. MR. OCHS: Madam Chair? CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: Don't change it. MR. OCHS: Are we accepting these additional agreements into 2.C.a Packet Pg. 102 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 91 the agreement as part of this, these exhibits that were presented this morning for the record? MR. ARMSTRONG: Yes. MR. ANDERSON: The only one that needs to be added is Orange Blossom Ranch. The others have either expired or they've been concluded. They're the older ones. MR. ARMSTRONG: Yeah. We received a complete copy now of the Orange Blossom developer agreement, and we would agree that that would be something that can be added to Appendix G, and that would be the only change. By this motion, as I understand it, the chair can sign the integration and all those other documents we provided to you. CHAIRMAN TAYLOR: All right. Do we need to amend the motion to reference -- MR. KLATZKOW: No, because that's already in the executive summary. CHAIRMAN TAYLOR: All right. Let's do it. MR. ANDERSON: May I ask one question? COMMISSIONER McDANIEL: Bruce? MR. ANDERSON: If the HOA, for some reason, does not sign the bulk irrigation agreement, will the county still proceed to closing? MR. KLATZKOW: George, yes or no? COMMISSIONER McDANIEL: Yes. MR. YILMAZ: Can you repeat the question, sir? MR. ANDERSON: If the bulk irrigation agreement, which my client has signed -- it's a three-party agreement. If the homeowners association that is the third party to the agreement, if they do not sign it, will the county proceed to closing without it? MR. YILMAZ: Yes. MR. ANDERSON: Thank you. COMMISSIONER McDANIEL: Call the question. 2.C.a Packet Pg. 103 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 92 CHAIRMAN TAYLOR: All right. COMMISSIONER SOLIS: Did the County Manager have anything he'd like to add? MR. OCHS: There's a lot I'd like to add, but I'll let it slide. COMMISSIONER McDANIEL: And thank you for not adding it. CHAIRMAN TAYLOR: We have a motion on the floor and a second. All those in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: (Abstains.) CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRWOMAN FIALA: Thank you. Let this be the end. COMMISSIONER McDANIEL: Can I make one slight comment that's happy? CHAIRMAN TAYLOR: A happy comment? COMMISSIONER McDANIEL: It is a happy comment. CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: There was an email that was disseminated by the utility yesterday. I know we all got copies of it. Our County Manager put it out. But I just wanted to let the folks know that care about the Publix organization that's going on out there, FDEP approved the clearance for water 1/16, they approved the clearance for sewer on 1/18, they water meters and backflows were set at the project on 1/18, tie-in for water main was set for today at 10 o'clock, and I think that happened. Yay. (Applause.) 2.C.a Packet Pg. 104 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 93 COMMISSIONER McDANIEL: Legal and engineering package, as set, for 1/25; the contractor's estimate for the flushing of the fire system should occur no less than 1/26, which is coming up here in a couple of days as well. And once they pass their fire inspection, they'll be able to turn on their walk-in coolers, get that inspection. I believe the developer's working on the balance of their SDP. There were some minor adjustments to the Site Development Plan that required an as-built to be approved on by our staff. So this Publix project is going forward whether or not we came to a consensus today, but I wanted to let the folks know that maybe weren't privy to that information that we can see Publix operational soon. How about that? (Applause.) CHAIRMAN TAYLOR: All right. Commissioners, we have a choice. Our County Manager indicated that there's not much left on the agenda. We can work through our traditional lunch period and be done early, or we can take a break. What's your pleasure? COMMISSIONER McDANIEL: Well, Commissioner Saunders had a break. He's not allowed to have a vote here. CHAIRMAN TAYLOR: He's back. COMMISSIONER SAUNDERS: I almost always prefer working through and getting it over with. CHAIRMAN TAYLOR: Getting it over with. Okay. Sir? COMMISSIONER SOLIS: I'll work through; that's fine. COMMISSIONER McDANIEL: How's our -- are you good? COMMISSIONER FIALA: But she'll need another break. CHAIRMAN TAYLOR: She needs a brownie. COMMISSIONER FIALA: At least to give her 10 minutes. Because she has to take a break every hour and a half. 2.C.a Packet Pg. 105 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 94 CHAIRMAN TAYLOR: Do you need a break right now? COMMISSIONER McDANIEL: Yes. CHAIRMAN TAYLOR: All right. All right. Let's take a 15-minute break. MR. OCHS: Hold on, hold on. How much of a break do you need? THE COURT REPORTER: Ten minutes is fine. CHAIRMAN TAYLOR: Ten minutes is good. All right. I won't mess that up next time. COMMISSIONER McDANIEL: Specify a time when we're going to come back. MR. OCHS: 12:10. CHAIRMAN TAYLOR: Ten minutes. So that's 12:11. I repeated that. COMMISSIONER McDANIEL: 12:11, County Manager. (A brief recess was had.) MR. OCHS: Ladies and gentlemen, please take your seats. Madam Chair, you have a live mike. CHAIRMAN TAYLOR: Thank you very much. MR. OCHS: We're on to Item -- we're on to Item 11A. This is a recommendation to award a -- MR. KLATZKOW: 11A or 9C? Item #11A AWARD BID NUMBER 16-6694, “HERITAGE BAY MASTER PUMP STATION,” TO DOUGLAS N. HIGGINS, INC., IN THE AMOUNT OF $1,681,760 UNDER MASTER PUMP STATION TECHNICAL SUPPORT PROJECT NUMBER 70050 – APPROVED 2.C.a Packet Pg. 106 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 95 MR. OCHS: I'm on 11A right now, sir. This is a recommendation to award a contract to Douglas Higgins in the amount of 1,681,760 thousand (sic) dollars for the construction of the Heritage Bay Master Pump Station. This is a sealed low bid. We had seven or eight good bids, competitive bids. Dr. Yilmaz can give the Board a presentation or respond to questions. COMMISSIONER FIALA: Motion to approve. CHAIRMAN TAYLOR: Second. COMMISSIONER McDANIEL: Second -- third. CHAIRMAN TAYLOR: Motion on the floor to approve with a second. All those in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) COMMISSIONER FIALA: Good -- CHAIRMAN TAYLOR: Thank you very much. COMMISSIONER FIALA: -- good presentation, George. MR. OCHS: Thank you, Commissioners. COMMISSIONER McDANIEL: Dr. Yilmaz, you're amazing. MR. OCHS: He is amazing. Item #11B STAFF’S REPORT ON WILDFIRE MITIGATION IN THE RURAL RESIDENTIAL AREAS OF EASTERN COLLIER COUNTY AND PROVIDE FURTHER GUIDANCE AS NEEDED – 2.C.a Packet Pg. 107 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 96 PRESENTED AND DISCUSSED MR. OCHS: This next item is 11B. This is a recommendation to accept the staff report on wildfire mitigation in the rural residential areas of eastern Collier and provide guidance to the staff. Dan Summers, your Division Director for the Bureau of Emergency Services, will make a brief presentation. MR. SUMMERS: Commissioners, good afternoon. Dan Summers, Director of your Bureau of Emergency Services and Emergency Management. And I'd like to offer my welcome to the new commissioners as well; look forward to working with you. We do have a saying here to be brief, be brilliant, and be gone. I'll work hard to be brief, and if I'm a little bit brilliant it's because of the team member approach that we've had in this discussion today and, not to make a poor -- any worse of an introduction, but I won't be gone until rainy season. We'll see how this floats with you in terms of wildfire mitigation. Back in November Commissioner Nance did bring the Board -- to the Board some serious concerns about wildfire activities. And as you know, that is not a stranger to the response community in Collier County. And his direction and the Board's direction at that time was for me to bring you back a brief -- a brief presentation on kind of where we are in some of his concerns and recommendations that he had. Obviously, we wanted to address the rural sections of Collier County in our report. And one of the concepts -- and let me put some clarity to this discussion. He brought up the idea of possibly replicating what Lee County has as an all-hazards MSTU unit. And Lee County has had that since Hurricane Andrew. And what that provided was just a strategy for what I would call a rainy-day fund or a multi-hazard rainy-day fund, and certainly another strategy would be if 2.C.a Packet Pg. 108 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 97 you want to do something in the MSBU opportunity. But, again, I just wanted to make sure that I brought a little bit of staff clarity to Commissioner Nance's discussion in MSTU or MSBU for wildfire mitigation or all-hazard mitigation. I wanted to make sure that we talked a little bit about looking at what infrastructure resources were available for raw or potable water during firefighting. I wanted to make sure that I conveyed to you what was going on in terms of community education and communication. So I wanted to give you a quick background on the wildfire threat, talk to you in -- I really wanted to tell you there's a good -- there's good news here. There's good news in what our forestry partners do, our fire districts do, emergency management does, what our Growth Management Plan provides for in wildfire management. So there is a lot of good things going on here. And, again, it's hard to gauge the threat until we actually have the event. But I think Collier County is well ahead of the curve in wildfire mitigation in general. So I want to make sure you understand what's working well and certainly get some staff recommendations. Wildfire is our single -- Number 2 hazardous threat, natural hazardous threat in Collier County. Our fire districts respond to roughly 130 brush or wildfire calls for service annually, and that can vary. We've been very fortunate the last four or five years with relatively damp springs, but we still incur about 2,800 acres on average. And, again, truly can vary by wet or dry years. FEMA Wildfire Declaration, which is much different than a hurricane disaster declaration, let me remind you of that. We've had seven occasions in Collier County since 1999 where we did receive or met some thresholds for FEMA reimbursement, and 91 percent of our population -- this is pretty interesting in my opinion -- resides in the wildfire urban interface, and I'll describe that threat for you here in just a little bit. 2.C.a Packet Pg. 109 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 98 Three hundred ninety-two thousand acres, and basically just think of the wildfire urban interface as that location where the woods are within 30 feet of a home and, as you know, that's probably a prevalent design concept out in the Estates with existing construction. Statutorily, our great partners at Forestry -- and I'm happy to brag on them because they are an emergency manager's right arm in times of disaster, regardless of the hazard. But Collier County statutorily pays $27,000 a year to the Florida Forestry for their services. So there is a fraction of a penny per acre there that they receive from us and then, of course, their balance comes from other state funds. And I've never -- I always am so impressed with that organization. They do so much with so little. So -- and their representatives are here today if you have any questions. Our busiest months, of course, February, April, May, and June, and wildfire mitigation is extremely cost effective. That's another thing, where we're talking about firebreaks and we're talking about defensible zones, not only is that cost effective but can make a difference in a responder putting -- avoidance of putting a responder in harm's way. Wildfire mitigation is not new to Collier County, but what is new, certainly, is more residential development, several years of mild conditions, tighter budgets for forestry and fire service, and the anticipation of a drier spring, and accumulated fire load on the forest floor. Now, we haven't -- knock on wood, we haven't had any hard freezes, but if you have a hard freeze, that certainly pulls the moisture out of the fuels on the floor and enhances our potential. This map is a little small for you to see, and I can bring it up on a bigger zoom later. But this is a heat map. And what you -- Greater Naples and Collier County Sheriff's Office pull data together in what we call a kernel or a heat map. And as you see those intense areas, the 2.C.a Packet Pg. 110 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 99 closer to the red and the orange, you'll see that is our higher frequency of wildfire events since 2014. So you have the pockets in the north blocks, you certainly have activity in the south blocks, interesting enough, smaller wildfire events as well in the Bayshore area, and certainly some activity in Immokalee. And I can -- I'll come back and blow that up if you'd like. What I want to also express to you again is the good news and the success. Firebreaks, whether they're plowed or whether they're chopped at identified locations with property owner cooperation helps slow a running fire. And our Forestry folks are quite capable of those lines, but, again, we have an awful lot of real estate in Collier County. They've been working hand in hand with the fire districts to try to find those areas of greatest magnitude and do the cutting that they can for the fire lines. They've also worked on prescribed burning but, again, Mother Nature is really in command and control of when you can do a prescribed burn. But our Forestry folks here are quite astute at prescribed burning. And, finally, there's an ongoing mitigation planning effort. Samantha Quinn on the Forestry staff, working with our staff, we both have mitigation plans for all hazards and sort of a wildfire mitigation seasonal plan that Samantha works on with the residents and with the districts and with their Forestry folks in order to try to lay out some methodology for those high-hazard areas. There's still more good news. We want to thank our Public Utilities Division; they, as well as the City of Naples. They have worked with us to help us find some water points where we can take some raw water from some of those well locations and use those for fire suppression. The public outreach has been very good by the fire districts as well as the Division of Forestry talking to folks like in the Golden Gate 2.C.a Packet Pg. 111 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 100 Estates Civic Association and others. Our Code Enforcement, coincidentally, has another neighborhood cleanup day scheduled for January the 28th and, again, that allows residents to bring some debris -- pardon me -- to help mitigate some of the debris on their property that might contribute to a fire hazard. Our GIS mapping, we continue to work better with better GIS resources, both internal to the county, Emergency Management, Forestry, and the fire service, and our mutual aid response is very strong. Our interworking relationship with Lee County and those agencies, whether they call us for help or we call them for help, is in very good shape. And several years ago we retooled the burning ban, and the burning ban allows us to basically activate that on short notice, and we come back to you for a retroactive approval so we don't have to wait for the next board meeting to implement a burning ban, and that's very standard in the region with the county. So we've got some -- again, we're in good shape with some tools. We have a comprehensive emergency management plan as well as the independent fire districts having the tactical, and authority having jurisdiction for structural protection. So all of these documents and all of these activities are in good condition. We also have a -- this is always done with support agency engagement. Sheriff, 911, Emergency Management, EMS, Red Cross, mutual aid agreements. So there is a mechanism. We have worked well together. We have also integrated -- we have planning meetings every year. We have a wildfire roundup. We make sure we know the partners. We know the agency's capability and limitations, and we spool up for this every year. Our Forestry folks have the statutory levels of funding, and the Hawkins Bill also allows them to work with a property owner for entry. They have a few extra provisions that we wouldn't normally 2.C.a Packet Pg. 112 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 101 have for right of entry for wildfire management and mitigation. So just to refresh your memory on what are the tools and the resources, the Fire Wise Program is a nationally-recognized somewhat trademarked program. It is a promotional program to make communities fire wise and make sure that residents have a defensible zone around their home. We have our local mitigation strategy working group that meets quarterly. And, again, there are projects or resources when grant funds become available. We've already vetted a project for FEMA funding if it becomes available. Forestry working on their protection plan, the water points that we've already identified, working both with the city and the county and, of course, the prescribed burn. The Fire Wise Program, I won't get into great detail about that today, but there are plenty of resources on the Internet, and it's really what the Forestry folks and the fire departments use to tell residents this is what you need to do to become fire wise in order to help mitigate fire damages around your property. Forestry, again, in the fire districts using the Fire Wise Program for public education and public awareness, and we have already engaged -- Troy is running videos on Collier TV now about wildfire mitigation. We use our social media resources, and we're also very active in the community with speaking engagements, and we talk about wildfire preparedness as well as our all-hazards magazine that's distributed to talk about wildfire preparedness. We've continued to have drills and exercises. We do train together. You know, you're only going to perform as well as you practice together. And I'm quite proud of that relationship with Forestry Fire, Emergency Management, Emergency Medical, Red Cross, and others. So we have practiced together and drilled together. And, of course, we remind the public to be aggressive in reporting. So 2.C.a Packet Pg. 113 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 102 part of that "see something, say something," not only occurs if you see something on the criminal aspect, but if you see something on the fire aspect as well. So what else is working well? Alert and notification systems. And this is kind of an eye chart, but we very much have the ability to alert the public, and that continues to get better. We have our NOAA Weather Radio, which we put a lot of stock in that. We want residents to have that NOAA weather radio. If you had one, night before last you probably got awakened three times. But Emergency Management can also active NOAA Weather Radio for emergency situations. Our clients with special needs, those frail and elderly, we have a Robo Call System for them. The law enforcement has a code red notification system. The integrated public alert and warning system called IPAWS, that's part of that government alerting feature on your cell phone. That technology is getting stronger every month. And our office will be having the capability later this fall to do local notifications with IPAWS if it becomes necessary. Our websites. And last, but not least, one of the things that does occur in a wildfire event, believe it or not, is there are resources to do door-to-door notification because the density is not quite so much. So we can get a car, a deputy, or fire apparatus to go door to door if necessary, if we have a fast-breaking wildfire event. So what continues to work well, but what might we add, Forestry and fire districts tactical efforts to cut and maintain breaks. And I want to address maintenance. Forestry, again, these folks do an awful lot with very little. So they get the breaks cut, but it's also certainly another thing to maintain those breaks as vegetation grows back. Roughly 68 miles of firebreaks have been done with Forestry, and they are also working cooperatively, in some cases have gotten some resources from the fire district, maybe as additional fuel or minor maintenance to keep that equipment up and running. 2.C.a Packet Pg. 114 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 103 Our public utilities division and district schools have provided filling locations for suppression, firefighting suppression, but some of those supplies are limited, and access is limited. I also want to stress, folks ask, why are you not drafting from canals. Canals are typically not good locations with the debris or the trash in the water that can do damage to pumps. And the soils adjacent to the canal are usually not strong enough or stable for heavy fire apparatus. Other good work being done, as I mentioned, the public education and the fire districts are contemplating some door-to-door site visits as we get into wildfire season. If they see some high-hazard areas, to knock on the door of the residences and offer any technical assistance that might be needed for building a defensible zone around their home. And, again, our social media continues to be effective. So first thing, what do I think we could improve on just a little bit? I think legislative requests. Our team and our Caloosahatchee Forestry team is superb in mitigation efforts and prescribed burning, but they only have so many folks on their team and so many hours in a day. So I think legislative support is a good way to go. Now, we know that doesn't turn funds quickly, but anything that we can do to give them more mitigation and suppression and air operations resources, the quicker we can get after wildfire. You might want to take another visit at the Lee County all-hazards MSTU as another alternative. I'll give you the case study. Last year or two years ago Lee County bought some equipment for Forestry to go in and cut breaks, and they used reserve funds or their all-hazards fund to make that equipment purchase available and then, I believe, Forestry provided the manpower and maintenance. Continue to heighten awareness, and I just want to call this as awareness. When we find water points as a result of wells from the 2.C.a Packet Pg. 115 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 104 city or the county, they have made accommodations to allow our apparatus to hook up to that, but we know those wells just don't -- you know, those are quite project intensive. And they've been great. When we have found a location where we could get a vehicle or an apparatus next to a point where we could draw water, they have done that, but we always want to keep that visible in case there's new piping or new construction being done. You ask a little bit about some options related to funding strategies here, and one project, if there was additional equipment bought for Forestry, it's about 500,000 for this chopping equipment, and that is -- we like that because that's less environmental impact with the chopping equipment, manpower, and fuel to keep that running, as illustrated there. The calculations: Commissioner Nance said, well, how much money is in the urban interface? So if you took a dollar per acre, that was roughly 392,000 acres; 50 cents per acre, $196,000; and .25 per acre at 98,000. So if you were to look at some supplemental funding strategies, there's the number. That's a little bit about what that equipment looks like in terms of chopping that break. There are different sizes, and they're different sections of Collier County where this equipment will work and it will not due to vegetation changes up and down. So in summary, legislative resources we think is a way to go to have our -- have that at the state level. That certainly makes procurement and operations a little easier for the district staff. We will continue to support wildfire prevention and education promotion activities under the Fire Wise concept. There are three or four good, solid conditions in our growth management -- in our Land Development Code at GMD for Fire Wise strategies mitigation, but they are in separate locations in the code, and that's certainly something we could look at if there's some code issues 2.C.a Packet Pg. 116 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 105 that we want to address. But let me remind you that in most cases our issue with the urban interface is existing construction, not new construction. As we get into the developments, we normally have good access, and clear cutting is normally done. So I would say the bulk of our concern is in existing construction. And some local strategies if you want to do that to provide some additional funding or hardware at the local level for Forestry to cut new breaks and to maintain. The agency partners are here if you have any questions, and I'm certainly available to receive what questions you have. But, again, this is -- doesn't mean we won't have a serious season, but I will tell you that I think operational conditions are very good. Team work is in place. Can we always -- we can always do more with a little more equipment or a little more resources, but the system and the cogs, if you will, in this -- in these gears are working quite well. So let me stop and see what questions you have. CHAIRMAN TAYLOR: Commissioner Fiala? COMMISSIONER FIALA: One quick -- I have two. The first one is, where is the community cleanup taking place on the 28th? MR. SUMMERS: I believe that's going to be -- that's a Golden Gate event on the 28th, yes, ma'am, and we'll get that information back out through Code Enforcement and make sure that's advertised. But I believe it is posted for Golden Gate on the 28th. COMMISSIONER FIALA: That's good. Okay. The second thing is, you talked about prescribed burns, and I just received something via email yesterday from Rookery Bay, and they're going to have some prescribed burns, and they were talking about, I guess, once a week and they're going to have this, but how many people actually see that? Is there a way that we could better utilize either social media or the Naples Daily News with a section on the 2.C.a Packet Pg. 117 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 106 front page once a week or something to tell people where the prescribed burns are, and the reason being, that there are some people who have some type of asthma or breathing problems, and they need to get inside to keep their house closed up. Other -- I had a friend who lived on Bayshore, and when they were doing a prescribed burn over here at a new development, he had to be hospitalized because it affected him so badly. So it would be good if we could -- if we could disseminate that information so everybody would know they're coming. MR. SUMMERS: We'll be more than happy to -- and, again, you do have some other entities other than our Forestry folks who are engaged in prescribed burning that may or may not be following the same thresholds. But we will reach out to them and try to find ways to echo that message. COMMISSIONER FIALA: Sure. MR. SUMMERS: And Forestry is very -- COMMISSIONER FIALA: We have Picayune, Big Cypress. There are so many places. MR. SUMMERS: Yes, ma'am. We will work with them and try to find means to echo that message. Thank you. COMMISSIONER FIALA: Thank you. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: And on that note, Commissioner Fiala, I have been on the website for District 5 that I've turned into the informational process. I do post up the notices for the controlled burns. I know Conservancy Collier sent me a couple of notices and that there were some that were going on down in the Picayune. And I am posting those things up just as an information source, just as an opportunity to get to the people. COMMISSIONER FIALA: Everything is great, but, you know, people have to know where to look. That's why I'm trying to make it 2.C.a Packet Pg. 118 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 107 right in front of their face, you know -- COMMISSIONER McDANIEL: Sure. COMMISSIONER FIALA: -- like the front page of the newspaper. MR. SUMMERS: We welcome that opportunity. COMMISSIONER FIALA: And our government channel, too. MR. SUMMERS: Yes, ma'am. COMMISSIONER McDANIEL: Yes. They are doing that. Now, the one question I had, there was some discussion quite some time ago about fire hydrant installation on the mains that are coming up along the Golden Gate Canal. Has that been explored any further? MR. SUMMERS: And I think what we refer that to is the dry hydrant where it really is a pump, just a pipe where water can be siphoned from the canal. COMMISSIONER McDANIEL: Right. No, no. I'm talking about on the water mains that are coming along the canal, not a dry hydrant. I have voluntarily installed dry hydrants in our mining projects throughout the community over the years and had special key access for our fire departments to be able to get in and pump water from our ponds. But I'm talking about on the actual -- on the actual water mains. MR. SUMMERS: Let me defer to Chief Cunningham and see if he has a specific recollection on those hydrants. I do not. I know where our water points are from some of our wells. COMMISSIONER McDANIEL: It comes out from 2005, 2006 on the East of the 951 Horizon Study. We brought that up. It was brought up by the community as a suggested methodology just to assist to provide more water sources out there. Because we know you have an issue in pumping out of the canals from the debris standpoint. MR. SUMMERS: Let me check with the chief. Chief 2.C.a Packet Pg. 119 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 108 Cunningham? CHIEF CUNNINGHAM: Good afternoon, Commissioners. To answer your question, Mr. -- or Commissioner McDaniel -- James Cunningham, for the record, Chief, North Collier Fire Control and Rescue District. There are several water points throughout the Golden Gate Boulevard extension up into Everglades Boulevard that have locations that a hydrant can be tapped into. In order to facilitate the request, we have to contact the county utility division. They will send a water representative out, they provide a hydrant there, and that is when we're able to connect to that water line. It is not a static source available at a moment's notice. COMMISSIONER McDANIEL: If I can help you with that process, please let me know. CHIEF CUNNINGHAM: Thank you. COMMISSIONER McDANIEL: Okay. And I have one other question, please, and it's just a point of reference. Are you suggesting that we consider an MSTU with regard to this to assist with additional funding for the state? MR. SUMMERS: Well, sir, it was one of the recommendations brought forth by Commissioner Nance. And, again, there are two components there. Whether you did something as an MSBU just for the urban area or for the wild land area or whether you looked at something as an all-hazard environment like the Lee County MSTU is set up. So those are available to you as a -- I can only share that as a strategy. COMMISSIONER McDANIEL: Okay. CHAIRMAN TAYLOR: Thank you. I think we -- once again, I think we need to look at that. And I'm suggesting that I know where everyone's going, but it seems to me you need to be funded. And fires -- the early settlers -- I learned this in the City of Miami's historic 2.C.a Packet Pg. 120 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 109 museum. They weren't afraid of snakes or alligators. Their greatest fear was fire. And we have a lot of folks living out into the east, and I know -- COMMISSIONER McDANIEL: Sure do. CHAIRMAN TAYLOR: -- Commissioner Nance was very concerned about it. So I think we need to explore this. I know County Manager's saying, oh, my goodness, no, no, no, but, you know, we need -- COMMISSIONER FIALA: No, he isn't. COMMISSIONER McDANIEL: No, he's not. He's all happy. MR. OCHS: I'm fine with it. CHAIRMAN TAYLOR: I'm not so sure. MR. OCHS: Well, let me suggest that when we come back in a couple weeks to talk about budget guidance that -- CHAIRMAN TAYLOR: Good. MR. OCHS: -- we include a few sentences about this, and we can get some guidance from the Board during the budget hearings. CHAIRMAN TAYLOR: And maybe we know what -- we know what the fund would have -- help with fires and the equipment needed, but when you talk about all hazard, I think we need to be very specific about why folks in the City of Naples would be interested in an all-hazard MSTU, because I think we're talking about a countywide MSTU or -- MR. OCHS: Well, as Dan said, there's two options. CHAIRMAN TAYLOR: Yeah. MR. OCHS: You can focus with some kind of assessment on acreage for just the group that's affected by wildfire mitigation, or you can look at a countywide MSTU that would include funding for all types of hazards that we'd have to do. CHAIRMAN TAYLOR: Maybe in the meantime we could get some information sent to us about what Lee County's doing -- 2.C.a Packet Pg. 121 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 110 MR. OCHS: Sure. CHAIRMAN TAYLOR: -- the parameters of that. That would be helpful background. MR. SUMMERS: We have looked at that. I know that they have on their horizon to update and refresh that ordinance. It's actually a Hurricane Andrew dated ordinance. But they have used it, and they have collected some funds; Forestry, some equipment, or addressed in some cases where they had a severe thunderstorm and had some drainage issues on an emergency basis. They used it for that as well as, in some cases, FEMA mitigation match money. So it was a pot -- I'll just call it a rainy-day fund that was relatively flexible that the Board approved -- CHAIRMAN TAYLOR: Okay. MR. SUMMERS: -- or approved projects on. Very good. CHAIRMAN TAYLOR: All right. Is that the will of the Commission? I don't want to speak out of turn here. If you're agreeing to explore it, not to necessarily vote on it, Commissioner McDaniel, but if you're agreeing to -- COMMISSIONER McDANIEL: I'd be happy to explore and have further discussion. CHAIRMAN TAYLOR: Okay. Thank you. Thank you very much. MR. SUMMERS: Thank you. MR. MILLER: Madam Chair, I do have two registered speakers on this item. CHAIRMAN TAYLOR: Oh, I'm sorry. I didn't ask. Forgive me. MR. MILLER: Ramon Chao will be followed by James Cunningham. MR. CHAO: Good day and God bless. Good to see everybody up. Ramon Chao, resident. No longer a fire commissioner with North 2.C.a Packet Pg. 122 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 111 Collier. My biggest concern is if we're going to be running into the MSTU is it's going to be another tax that's going to be on the county. I am 100 percent behind Forestry. As a fire commissioner, I did everything we could with them, and I stand behind them 100 percent. My fear is that they're using -- that fire is being used for fear. In the 25 years that I have lived in Collier County, there has been not one permitted house burn out in Corkscrew, not one; 25 years. If you look at the map, you'll see the hot zones. When you get a bigger picture of it, those maps are showing in the greater Naples area. I bring that up because as a commission we were browbeaten multiple times because they say we are taxing too much. Our fire department has defended our area. They've prepared, they have the tools. They have the equipment, and they have done the job that the fire department is to do. So I would say, have Greater Naples go tax their people. Don't tax me or my part of the county who's been paying the correct tax, apparently, to have the service that we need. I believe it's an educational issue that the PE -- PIOs (sic) and public education officers can take care of for the fire departments reference education. I don't believe that we need to raise a fund. The state has a fund that they had billions upon billions of money stored up that they didn't know what to do with for the hurricane funds. That's for all hazards, as we're looking at all hazards. When the fires have turned out there, seven times we've had them, and we've gotten repaid by it. So it again -- I don't see where we need to be taxed again for another fire, for another -- for something that we already are paying for. And the tax by acreage, I don't agree with that specifically because I don't have any kids, but I pay for school tax. I think when you stop -- and I'm 100 percent for paying for education for the kids. 2.C.a Packet Pg. 123 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 112 I think it has to be equal. As Commissioner Fiala was saying, if I've got a fire going out at Corkscrew and the smoke comes over and bothers her in town, it's part of it. So I just want -- against the MSTU. I'm 100 percent against it. I will stand against it. This is a fire department issue that they need to handle. Can we help Forestry? A hundred percent, I don't have any problems with that. Thank you very much for your time. God bless. MR. MILLER: Your final speaker on this item is James Cunningham. CHIEF CUNNINGHAM: Once again, good afternoon, Commissioners. James Cunningham, Fire Chief, North Collier Fire Control and Rescue District. We do stand in support of three of the four suggested recommendations by your staff. Obviously the Option 1, to enhance our static water supplies, as Commissioner McDaniel has spoken to. Working with the county utilities and water as well as the City of Naples water utilities that is in the northern quarter up Everglades Boulevard. If we find just a few strategic locations throughout the blocks that provide us a fill site for our water tenders, that would be much further ahead from where we are today. So that is one area I would ask that we do further explore. Secondly, working with our state legislature and all the representatives and senators there, I think we can better assist Forestry in getting better funding, especially to the Southwest Florida region, which is No. 4 in the state of the greatest risk of damage and challenges for directly related to wildfire, and so we need to work with our state representatives to get them more funding through that mechanism. And, obviously, we cannot be more appreciative, from North 2.C.a Packet Pg. 124 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 113 Collier's standpoint, with what we have been able to accomplish, not only with your staff but, obviously, with Director Summers and Emergency Management. We work very well together, not only during times of crisis such as an emergency, but Mr. Summers has been part of the meetings that we've been doing with wildfire mitigation and the planning. The comprehensive wildfire plan that Forestry has in place is an excellent plan. Our job as the fire districts are to support Forestry, as they are the primary provider of forest service for the state. And through the joint efforts, one thing we identified several months ago was they have the rollout chopper, they had the tractor and the people. Unfortunately, their budget constraints did not allow them to have the fuel for that tractor. And so we asked our Fire Commission, would they be willing to provide the fuel for mitigation within our jurisdiction, and our fire commissioners said yes. Through joint partnerships that way, we can utilize tools and resources already there without having to buy additional tools and resources. They told us they had the people; it's just a matter of getting them fueled to make it happen. Those are types of things that we're working collaboratively. I've talked to Kingman Schuldt on the same issue. When they get down to the southern part of the blocks, we have to do maintenance to our further lines, I'm sure they would be willing to consider the same thing. We're doing this from your fire district perspective. We're funding it through the fire districts. I do not believe that we need to have County Commission establish another tax at this time for wildfire mitigation or all hazards. We also have not explored other avenues. There's a lot of funding both in the state and federally through Fire Wise community programs. Before we tax our residents any more, I would ask that we explore those other funding options. 2.C.a Packet Pg. 125 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 114 So I would support this County Commission moving forward with three of the four points brought to you. The only point I would ask that you not consider is not having them develop any type of MSTU or MSBU for the purposes of wildfire or all-hazard mitigation. Thank you for your time. And one key note, January 31st at the extension office on Immokalee Road, we're having a wildfire mitigation for the public town hall meeting to come in with our partners in Forest Service. Myself and Kingman Schuldt from Greater Naples in North Collier are there to present how people can better prepare their homes for wildfire mitigation. And on February 8th, if they can't make the January 31st, February 8th at Station 71 at 13th and the Boulevard will also have one. So we have two educational opportunities to teach people how to better prepare their homes and their further risk of wildfires. Thank you, Commissioners. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes. I did have my light on. CHAIRMAN TAYLOR: Okay. COMMISSIONER McDANIEL: Just two things. And I really compliment you, Chief, on your efforts in working with Forestry. One point of explanation that I'd like to share with the Board is is Forestry Department has a lot more flexibility in doing controlled burns and putting up firebreaks. They have that legal access to enter into people -- into lands to do -- when there is a wildfire, to do control burns and firebreaks to provide for safety, where our fire departments have a little bit of an issue depending on which jurisdiction they're in and whose land, in fact, it is. So the support of our fire departments helping our forestry service is huge, and that collaborative effort that is going on right now is absolutely amazing, and I applaud you. I applaud you on that, so... I would like to know from a board's perspective what specifically 2.C.a Packet Pg. 126 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 115 we can do legislatively to assist with the funding of our Forestry Department just from a board -- County Manager, I don't know if that's a question for you or the County Attorney what we can do? I mean, do we have a legislative delegation going to Tallahassee from the Board that we can make this a portion of our agenda when we go or -- MR. OCHS: Yes, sir. That would be my suggestion. There's -- typically on the FAC legislative day, which happens during the session, obviously, we have typically one or two commissioners go with the staff, and we can certainly add that to your legislative agenda. We'll make sure we have the background information from Forestry and do what we can to help them with their funding needs. COMMISSIONER McDANIEL: I think anything we can do in that regard would be amazing. COMMISSIONER FIALA: I think it's great that you mention that, because we've been trying to shake the bushes to get somebody else to go up to FAC. So it sounds like you're the first candidate. COMMISSIONER McDANIEL: Yes. COMMISSIONER FIALA: And I bet we'll have more. COMMISSIONER McDANIEL: I'd be happy to go if, in fact, it was appropriate. COMMISSIONER FIALA: Good. Item #14B1 REJECT TWO UNSOLICITED OFFERS, ONE FROM THE BANROC CORPORATION AND THE OTHER FROM ARNO INCORPORATION, TO PURCHASE THE 17-ACRE BAYSHORE COMMUNITY REDEVELOPMENT AREA-OWNED SITE LOCATED AT 4265 BAYSHORE DRIVE, AUTHORIZE THE SOLICITATION OF PROPOSALS FOR DISPOSITION OF THE 2.C.a Packet Pg. 127 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 116 SUBJECT PROPERTY THROUGH THE RFP PROCESS AND ENCOURAGE BOTH PROPOSERS TO PARTICIPATE IN THE RFP PROCESS - MOTION TO APPROVE STAFF’S RECOMMENDATIONS – APPROVED MR. OCHS: Commissioners, that takes us to Item 14B. This is a recommendation to reject two unsolicited offers for development and redevelopment of a 17-acre site in the Bayshore Community Redevelopment area. Commissioners, it's appropriate to convene, I believe, as the CRA board for this item. County Attorney? MR. KLATZKOW: Yes. And the commissioner who is on the Bayshore area should be the one who -- MR. OCHS: Chairs? MR. KLATZKOW: -- chairs, yeah. MR. OCHS: That would be Commissioner Fiala. CHAIRMAN FIALA: Yes. Okay. So do you just call the CRA meeting to order? Okay. MR. OCHS: Yes, ma'am. CHAIRMAN FIALA: CRA meeting is now in order. MS. ARNOLD: Hi. Michelle Arnold, Public Transit and Neighborhood Enhancement Director, for the record. I'm here to present this item. The Bayshore CRA purchased the 17-plus acre site, which is located midway on the east side of Bayshore Drive between U.S. 41 and Thomasson Drive, in 2006, and proceeded to rezone that property to a mixed public -- Planned Unit Development and MPUD district which provides for 40 residential units, 48,575 square feet of commercial space, 350-seat theater, and 84,000 square feet of parking garage. The property has been on the market previously, but we had not received any interest for purchasing the property, and the contract with 2.C.a Packet Pg. 128 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 117 a realtor that we had expired back in June of 2016. Since that time, the CRA has received two unsolicited proposals to develop the property. Both those proposals have been provided to you for your information. Both proposals would require rezoning -- further zoning of the property. And in keeping with the requirements for a CRA to dispose of property, we would have notification requirements that we would be required to put the property back out to the public to express interest. And so it is staff's recommendation that instead of accepting either one of these proposals, that we actually go through a formal RFP process similar to the process that we did back on a property that is owned in the Gateway Triangle area and solicit bids from all interested parties and go through a formal review process, and then bring a recommendation back to the CRA for your consideration in terms of a proposal for acceptance. COMMISSIONER SAUNDERS: Madam Chair, I'll make that motion to accept the staff recommendation and to go through the required RFP process. COMMISSIONER TAYLOR: Second. COMMISSIONER McDANIEL: Second. CHAIRMAN FIALA: Okay. I have a motion by Commissioner Saunders and a second by Commissioner Taylor. Speakers? MR. OCHS: Any speakers, Troy? MR. MILLER: I have no speakers on this item. CHAIRMAN FIALA: Okay, fine. So, Commissioner McDaniel, would you like to say something? COMMISSIONER McDANIEL: No, ma'am. I was going to second it, but Commissioner Taylor jumped ahead. CHAIRMAN FIALA: Okay. Fine and dandy. So I have a motion and a second. No further discussion. All in favor, signify by 2.C.a Packet Pg. 129 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 118 saying aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN FIALA: Opposed, like sign. (No response.) CHAIRMAN FIALA: Very good. That passes 5-0. And that meeting is adjourned. COMMISSIONER McDANIEL: Nice job. MR. OCHS: Thank you. Item #9C ORDINANCE 2017-03: AMENDING THE COLLIER COUNTY ETHICS ORDINANCE (ORDINANCE NO. 2003-53, AS AMENDED), TO REINSTATE CERTAIN LIMITATIONS ON THE ACCEPTANCE OF GIFTS BY ALL PUBLIC OFFICIALS AND ALL COUNTY EMPLOYEES – ADOPTED MR. OCHS: Commissioners, that takes us to Item 9C on the agenda. It was previously Item 17B on your summary agenda. This is a recommendation to adopt an ordinance amending the Collier County ethics ordinance. This was moved to the regular agenda for discussion by Commissioner Saunders. COMMISSIONER SAUNDERS: Madam Chair, thank you. And I will be very brief. Obviously, this is a very important ordinance, and I want to thank you for bringing it forward, and I know we're going to approve it today. I'd like to ask the County Attorney if he would provide us a bit of 2.C.a Packet Pg. 130 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 119 a primer, if you will, on what we can do and what we can't do. I've read the ordinance, and there are certain circumstances under which we have to file forms, and there are certain things we can and cannot do. And I think it would be appropriate, perhaps at a subsequent meeting or in writing, for the County Attorney to give us a little bit of information to make sure that we're not overstepping the bounds of this ordinance. And that's the purpose of taking it off the consent agenda and then to thank you for bringing it forward. CHAIRMAN TAYLOR: Okay. That's great. MR. KLATZKOW: That's fine. CHAIRMAN TAYLOR: What we can do and what we can't do next meeting, right? MR. KLATZKOW: That would be fine. CHAIRMAN TAYLOR: All right. Wonderful. That's it? COMMISSIONER SAUNDERS: Yes, that was it. COMMISSIONER McDANIEL: And we'll have a full discussion then, okay. MR. KLATZKOW: You may want to amend the ordinance afterwards. COMMISSIONER FIALA: Do we have to vote on that? CHAIRMAN TAYLOR: I don't think. Do we? I don't think we have to vote on it. No. COMMISSIONER SAUNDERS: Not on that, but we do have to vote on the ordinance. CHAIRMAN TAYLOR: Yes. Yes. All right. Very good. So I think that takes us to the end of our meeting, sir? COMMISSIONER SAUNDERS: We need to vote on the -- do you want a motion on the ordinance? I thought you might -- CHAIRMAN TAYLOR: Do we need to vote on it? COMMISSIONER SAUNDERS: Yes. I thought you might want 2.C.a Packet Pg. 131 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 120 to make the motion -- MR. OCHS: Yes. COMMISSIONER SAUNDERS: -- since it was your -- CHAIRMAN TAYLOR: Okay. Well, I'll make a motion -- MR. OCHS: This is your second reading. This is your adoption hearing. CHAIRMAN TAYLOR: Oh, very good. Okay. That's right. Because we pulled it. That's correct. Okay. So I make a motion that we accept the ordinance as written and as a second reading. COMMISSIONER SOLIS: Second. CHAIRMAN TAYLOR: Okay. All those in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: Thank you very much. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Madam Chair, that takes you to Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: I have one registered speaker for public comment, Tamara Paquette. Either podium, ma'am. MS. PAQUETTE: Okay. Good afternoon. Thank you very much for hearing me. My name is Tamara Paquette, and I'm a citizen 2.C.a Packet Pg. 132 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 121 of Golden Gate Estates. One of the things that I've learned a lot about over the years since 2007 when the River of Grass Greenway concept came up, there has been a lot of interest, and it's been a bit of a political football. A couple things I want to put on your radar that you'll want to hear: There's a lot of indigenous people in the area of the 75-mile trek. They're not in favor of it. They're definitely thumbs down, and there has been misrepresentation about whether they were interested or not interested. And also, too, the expense of doing a 75-mile pathway when we still have so many pathways that need to be done in town and especially around Immokalee. Immokalee is desperate for debris-free, puddle-free walkways, and it sends a very bad message when we're willing to spend money on a recreational pathway before we put pathways in place for public safety. Thank you for your time. CHAIRMAN TAYLOR: Thank you. COMMISSIONER FIALA: May I ask a question? CHAIRMAN TAYLOR: Yes. Please come back. COMMISSIONER FIALA: Well, I don't know if she has the answer or not. But I would think that that would be a state -- MR. CASALANGUIDA: Ma'am, it's on your MPO list right now, and I think it's a topic that's going to come back for you guys. COMMISSIONER FIALA: Okay, fine. Because the state, of course, can't pay for the sidewalks in Immokalee, although we do get grants for them. Thank you. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS 2.C.a Packet Pg. 133 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 122 MR. OCHS: Madam Chair, that takes you to Item 15, staff and commission general communications. I have just a couple of just quick reminders. The first, again, is to remind you of a March 7th workshop with the City of Naples. That's a 9 a.m. workshop. At your next meeting I should have a list of proposed agenda topics that I can present to the Board and get your endorsement. Secondly, we received a request from the South Florida Water Management District and the Southwest Florida Water Management District to ask the Board to provide a letter of support. They are joint applicants for a project that would essentially look at the coastal high hazard areas in Lee, Collier, Charlotte, and Sarasota Counties primarily for the purpose of updating the planning as it relates to the coastal area's resiliency for storm surge and sea level rise. They're asking for a letter of support from the board to help bolster their grant application. So I need to know if the Board is willing to support that grant request. We've drafted a letter for the chair to sign if the board's in favor of that. COMMISSIONER McDANIEL: That came from the Southwest Florida Regional Planning Council, yes? MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: I oriented that through. MR. OCHS: Thank you. And the last thing I have is just a reminder that the advisory panel team from the Urban Land Institute will be in town starting this Sunday spending the week doing their assessment of our affordable and workforce housing program, and that report out to the Board on the panel's findings will be held next Friday, that's February 3rd, at 9 a.m. right here in the boardroom. So we, obviously, look forward to 2.C.a Packet Pg. 134 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 123 that presentation. Need the commissioners here if at all possible. CHAIRMAN TAYLOR: And, County Manager Ochs, I had asked you in our one-on-one, and I don't expect you to have it now, but I can tell you there are many people interested in the schedule and when they can participate. Do we have that information, or can -- MR. OCHS: Yes, ma'am. We've got a fairly aggressive public outreach on this. We've already had quite a bit of outreach to all of the stakeholder committee members and -- CHAIRMAN TAYLOR: Well, there's no question there. It's more for -- MR. OCHS: And the public, yeah. CHAIRMAN TAYLOR: It's more for the people -- you know, the people who are suddenly learning about it; how can they participate. MR. OCHS: We're continuing to do that throughout the week on our website and through the media. There's some stories already getting ready to be published, so... CHAIRMAN TAYLOR: Okay, good. Thank you. MR. OCHS: And that's all I have, Madam Chair. CHAIRMAN TAYLOR: All right. County Attorney? MR. KLATZKOW: Nothing, ma'am. CHAIRMAN TAYLOR: Troy? MR. MILLER: Nothing, ma'am. Thank you. CHAIRMAN TAYLOR: Thank you for your work. You're the quiet worker here. We really appreciate. MR. MILLER: Thank you. CHAIRMAN TAYLOR: Even though you do mispronounce names every now and then. That's okay. MR. MILLER: It's also the handwriting; a combination of the two. CHAIRMAN TAYLOR: I can imagine. 2.C.a Packet Pg. 135 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 124 COMMISSIONER FIALA: Probably mostly the handwriting. MR. KLATZKOW: No. It's mostly the handwriting. He'll give me a speaker slip, and I'll go, I've got nothing. CHAIRMAN TAYLOR: I watch you two caucus on, what do you think. So thank you. Crystal? MS. KINZEL: No. Thank you, ma'am. Great. CHAIRMAN TAYLOR: Commissioner McDaniel? COMMISSIONER McDANIEL: Yes, Madam Chair. Two points: As you're aware -- and thank you very much. I was honored to accept the position with the Southwest Florida Regional Planning Council. I attended my first meeting last week on Thursday and was asked to serve on a long-range transportation committee and also volunteered to serve on the Promise Zone Steering Committee. And we do have a representative from Glades and from Hendry County. I actually woke Carson Turner up while he was not paying attention. I said, Carson, raise your hand and, boom, he's on there with me now as well, so that was pretty fun. And I'm really excited about that organization. While I was there, I was having a discussion -- and you-all have heard me talk about -- and this is something that's near and dear to your heart, all of our hearts, and that's beach renourishment. And I was talking to the mayor of Sarasota and along with the mayor of Venice. And I had talked about a collaborative effort with regard to our beach renourishment projects and as they're going. So there is a semblance of discussion through that organization to bring that up and discuss our mutual woes with regard to how we're doing and what we're doing with regard -- with beach renourishment. And then, secondly, this past Friday I had the opportunity to attend the Sheriff's Department's hands-on demonstration over at special ops, and I would like to recommend -- if you have not done that 2.C.a Packet Pg. 136 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 125 yet, it is a free orientation as to what our Sheriff's Department does in the special ops -- that you go. It was worth the three or four hours that -- well, almost four hours that I spent there, and I highly recommend it. A lot of folks don't even necessarily know that the sheriff provides that. There were citizens as well, and there is no expense. But I highly recommend that. You actually get to do a lot of things. They do a simulated traffic stop, and you're the sheriff's officer that gets to deal with that. It's really quite interesting. So I highly recommend that. That's all I have, Madam Chair. CHAIRMAN TAYLOR: Thank you very much. Commissioner Fiala? COMMISSIONER FIALA: Thank you. A while back we discussed the marijuana dispensary ordinance, and we were talking about it, and then it kind of, like -- I guess with the change of order up here and everything, it kind of went by the wayside a little bit, but I want to bring that back up and ask that we could move forward with that ordinance. And we had suggestions and so forth. And Pat Barton is the lady that's been heading this around the community, and she notified me. She said she hasn't seen anything yet. And, you know what, I had completely forgotten about it myself. So I wondered if we could put that back on the agenda or just how you would want to do that so that we could discuss it. COMMISSIONER SAUNDERS: Madam Chair, a lot of communities are passing ordinances imposing a short-term moratorium on marijuana dispensaries, medical marijuana dispensaries. And it's probably going to be July/August time frame, maybe even longer than that, before the state has rules in place. There will be legislation this session. But we could impose a moratorium. I think the County Attorney probably has a draft of a proposed moratorium that he could 2.C.a Packet Pg. 137 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 126 use from some other community just to give us the time. MR. KLATZKOW: Commissioner Saunders had provided me with some of his work on this. Mr. Bosi and I have prepared something that's available to Collier County. We can bring it back at the next meeting for your review, if you'd like. CHAIRMAN TAYLOR: Great. COMMISSIONER FIALA: Yea. I would like to do that. How about everyone else? CHAIRMAN TAYLOR: Oh, yeah. I think it's a great idea. COMMISSIONER SOLIS: Sure. COMMISSIONER FIALA: Okay. It seems like we're -- COMMISSIONER McDANIEL: I don't like moratoriums. COMMISSIONER FIALA: Well, I know that. You cut me off at the knees. COMMISSIONER McDANIEL: No, I didn't. COMMISSIONER FIALA: Yes, you did. And it's essential. Anyway. Okay. I would love that if you would come back then. Is that okay with everybody? MR. KLATZKOW: Next meeting. COMMISSIONER FIALA: I think it's important to our entire community, really. CHAIRMAN TAYLOR: Okay. Is that it? COMMISSIONER FIALA: Uh-huh. CHAIRMAN TAYLOR: Okay. Commissioner Solis? COMMISSIONER SOLIS: I would just like to thank the staff. I've had obviously a lot of questions and concerns about the closing of Vanderbilt Drive and the traffic issues that are happening because of that and, you know, the questions range from, you know, why is it being closed at all to why, over the season, you know, and it's been very helpful to get that information as to why the decision was made to do it the way it's being done. 2.C.a Packet Pg. 138 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 127 So I just want to thank staff for that. That's been very, very helpful, and hopefully we can continue to keep people informed on that. I don't know if there's anything else we can do to keep people informed. There's some businesses up at the north end of Vanderbilt Drive that are really being impacted by that. And there's some concerns that if -- you know, if we can keep them apprised of when it's going to change or there's something new that's going to be done, that they can hopefully adjust what they're doing. (Applause.) COMMISSIONER SOLIS: What was my other issue? I think that's it. Oh, I'm sorry. And there is one other concern that came up today was the traffic situation on Wiggins Pass. They're getting some serious backup from 41 since everyone, you know, that's, I guess, south of the bridge has to go all the way -- you know, go out Wiggins Pass. There's no way else to go. So I don't know if there's anything that we can look into or if there's anything that can be done to help mitigate some of the traffic impacts. MR. CASALANGUIDA: We could have our staff look at the signal timing there, sir. We have live cameras there, so we'll turn that on to monitor and just see if we can tweak the timing a little bit. COMMISSIONER SOLIS: Please do. I'd appreciate that. Thank you. COMMISSIONER SAUNDERS: Madam Chair, just one quick item. I know Collier County's been very effective and aggressive in terms of collecting tourist taxes from the vacation rentals and that sort of thing. But I came across an article; there are now 35 counties that are collecting tourist taxes from Airbnb. And I know Collier County has had some communications with Airbnb over the last couple years and, for whatever reason, there's not been an arrangement made. But in Polk County -- they just signed an agreement in Polk County. They're generating $200,000 a year in additional tourist tax 2.C.a Packet Pg. 139 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 128 revenues in Polk just from that one entity. And so I'd like staff to revisit the potential for collecting tourist taxes from Airbnb. There may be others as well, but that's probably the big one. And, you know, perhaps, let us know if there's a problem in moving forward with that. CHAIRMAN TAYLOR: Thank you. As former chair of the TDC, I think we need upper staff level now to step into this, because it's gone on too long. MR. OCHS: Yes. it's timely. And it's funny, we were just talking, Nick and I and Jack Wert, about that earlier this week. And, of course, the tax collector has a big role to play in this, and they have some of their own policy parameters that we're trying to work through -- Nick, without belaboring this, but just what's the issue locally here? MR. CASALANGUIDA: Sure. I know Rob. I spoke with him at length yesterday. He's having a hard time having Airbnb give him any auditable information. What they've told him is we're happy to enter into an agreement with you, and we'll just send you a check every month. And Rob's point was, how do I audit that? So I think he's going to spend a little bit more time with Jack's team to talk to him to see if he can square it away. But it's Airbnb, Flip House (sic), Vacation Rental by Owner, and Rob did want me to kind of express to the Board that they are monitoring these folks, in other words, because they're publicly advertised. COMMISSIONER SAUNDERS: They also have an agreement with Lee County, so Lee County's been successful. MR. OCHS: They have several agreements. MR. CASALANGUIDA: Polk County and a couple other counties have signed on, so... COMMISSIONER SAUNDERS: Well, according to this article, there's 35. But I was just pointing out that Lee County, our neighbor, has it. So there may be some education there that we can get from them. 2.C.a Packet Pg. 140 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 129 CHAIRMAN TAYLOR: Is it the same kind of agreement, meaning we'll give you what we want to give you, but, you know, good luck otherwise? MR. CASALANGUIDA: Yeah. I think some of the counties have backed off to the audit version and just said, send us the check, and we'll be good with that. I think our -- you know, as Crystal's wrinkling her nose a little bit, I think it's hard to say. CHAIRMAN TAYLOR: Yeah. How we doing down there? How we doing? COMMISSIONER McDANIEL: How much did you collect? MR. CASALANGUIDA: But I think Rob's on top of it, and I know Jack's going to be meeting with him this week. CHAIRMAN TAYLOR: I would like this as a topic of conversation with the city because -- not that they are going to suddenly do it, but they have a lot of homes, and they used to have a pretty strong enforcement and neighborhood associations that basically kind of know; they're the feet on the ground. They know what's going on in their neighborhoods and who's renting out something for two weeks or three weeks. If we can't -- you know, it used to be that you couldn't rent your house out for under a month. COMMISSIONER McDANIEL: Right. CHAIRMAN TAYLOR: And now I know it's three or four days here or three or four days there, and I don't know where that goes with them. But I think this is a conversation we have to have, and perhaps even with the Pelican Bay Association. But the property owners association, especially close to the water, need to be engaged. COMMISSIONER McDANIEL: Just as a point of discussion on that line. One of the things I've had conversations with our staff in making some adjustments to our Code Enforcement reporting processes. There is a fear of retribution by a lot of our citizenry for 2.C.a Packet Pg. 141 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 130 making an actual code enforcement report because you're kind of sort of telling on your neighborhood, and there's a fear of retribution. And I know we've had several discussions and are going to have more about trying to provide for some accountability but anonymity at the same time to allow for a complainant to not have that fear of retribution and have them come forward. I know over in Golden Gate City, because of the necessity of public records and Code Enforcement to have to actually publish the name of the complainant, that the Golden Gate City Civic Association will now file your complaint for you and provide you with that anonymity but still let the complaint be filed, which I think it's kind of going around the corner to get to where we're actually going. So I can see -- and it would help along these lines as well with our Tax Collector having a better opportunity to know who's doing what. So I think -- and that's coming forward soon. CHAIRMAN TAYLOR: Thank you. Commissioner Saunders, anything else? COMMISSIONER SAUNDERS: Yeah. Again, just on that particular issue, if we could get -- maybe get with the Tax Collector. Let's find out what we need to do to start collecting. And if they're -- you know, if we have to start off with some anonymity in terms of what they're providing, you know, that may not be ideal, but I think we should be collecting taxes. COMMISSIONER McDANIEL: Better than none. MR. KLATZKOW: You also have a code issue here where a lot of people are renting places where they ought not to be renting places. So I'm not sure how this -- you're going to be -- in other words, you're going to be collecting revenues for this in areas that this Board, under its policy, has said you shouldn't be doing this sort of business. COMMISSIONER SAUNDERS: Yep. MR. KLATZKOW: You may want to relook at that, too. 2.C.a Packet Pg. 142 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 131 COMMISSIONER SAUNDERS: Yeah. And we are really restricted in what we can do in terms of regulating vacation rentals. As the County Attorney knows, there's a state law preemption on that, so that, you know -- but, again, my issue is tax collections at this point. CHAIRMAN TAYLOR: All right. Thank you. And I just wanted to thank those who walked with us on Martin Luther King Day over a week ago. Thank you for being there. It was the largest crowd that -- oh, dear, I sound -- sounds familiar, doesn't it? But it was the largest crowd that Martin Luther King had ever -- the parade had ever experienced. It was on -- the Macedonia Missionary Baptist Church told me -- and I walked with him when he was No. 6 in the line, and this year he was No. 35. We had all the high school bands, I think; most of the high school bands were marching in the parade, so it was really wonderful, and it was a beautiful day, and thank you. COMMISSIONER McDANIEL: It was a very nice parade. I was there as well. CHAIRMAN TAYLOR: And if there's nothing else, and -- MR. CASALANGUIDA: Go Patriots. COMMISSIONER McDANIEL: Oh, quit. You got a bad cold again? MR. CASALANGUIDA: There's something caught in my throat. CHAIRMAN TAYLOR: We are adjourned. **** Commissioner Fiala moved, seconded by Commissioner McDaniel and carried unanimously that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 AN AMENDED AND RESTATED LANDSCAPE 2.C.a Packet Pg. 143 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 132 MAINTENANCE AGREEMENT (“AGREEMENT”) BETWEEN COLLIER COUNTY AND THE LA MORADA AT NAPLES MASTER ASSOCIATION, INC. FOR LANDSCAPE AND IRRIGATION IMPROVEMENTS WITHIN THE WOODCREST DRIVE AND IMMOKALEE ROAD PUBLIC RIGHT-OF-WAY – WITHIN PRISTINE DRIVE AND WOODCREST DRIVE Item #16A2 SECOND AMENDMENT TO THE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN VILLAGES OF STELLA MARIS MASTER ASSOCIATION, INC. AND COLLIER COUNTY, TO AMEND THE SETTLEMENT AGREEMENT AND GENERAL RELEASE, DATED JUNE 26, 2007, AS AMENDED BY THE AMENDMENT TO SETTLEMENT AGREEMENT AND GENERAL RELEASE, DATED MAY 12, 2015 – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A3 RECORDING THE MINOR FINAL PLAT OF ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES BENVENUTO COURT REPLAT, APPLICATION NUMBER PL20160002720 Item #16A4 A REFUND IN THE AMOUNT OF $167,389.80 OF SIDEWALK PAYMENT IN LIEU FEES TO MULTIPLE DEVELOPERS WITHIN THE NAPLES PRODUCTION PARK AND PINE RIDGE INDUSTRIAL PARK AND HOLD LAND DEVELOPMENT CODE SECTION 6.06.02(C) IN ABEYANCE PENDING THE UPDATE 2.C.a Packet Pg. 144 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 133 OF THE COLLIER METROPOLITAN PLANNING ORGANIZATION’S UPDATE OF THE COMPREHENSIVE PATHWAYS PLAN – ADDRESSING BICYCLE AND PEDESTRIAN NEEDS IN THE PARK AREAS Item #16A5 A CHANGE ORDER NO. 2 FOR ADDITIONAL WORK ASSOCIATED WITH ITB NO. 16-6607 COLLIER BLVD., HIGHWAY BEAUTIFICATION IN THE AMOUNT OF $30,194.98, AUTHORIZE FUNDING TO UPGRADE IRRIGATION EQUIPMENT IN THE AMOUNT OF $3,040 AND APPROVE THE NECESSARY BUDGET AMENDMENT (PROJECT #60149) – WITH A FINAL COMPLETION DATE OF MAY 1, 2017 Item #16A6 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ISLES OF COLLIER PRESERVE PHASES 3B AND 3C, PL20150000560, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION WAS CONDUCTED ON DECEMBER 9, 2016, THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE BY STAFF Item #16A7 2.C.a Packet Pg. 145 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 134 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ISLES OF COLLIER PRESERVE PHASE 3D, PL20150001987, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION WAS CONDUCTED ON DECEMBER 9, 2016, THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE BY STAFF Item #16A8 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ISLES OF COLLIER PRESERVE PHASE 4, PL20140002465, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION WAS CONDUCTED ON DECEMBER 12, 2016, THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE BY STAFF Item #16A9 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR AVELLINO PLACE, PL20150000323, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION 2.C.a Packet Pg. 146 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 135 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 $30,516.14 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION WAS CONDUCTED ON OCTOBER 10,2016, THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE BY STAFF Item #16A10 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR AVELLINO PLACE PHASE 2, PL20150001875, 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 $11,493.59 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION WAS CONDUCTED ON NOVEMBER 15, 2016, THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE BY STAFF Item #16A11 FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR VYNE HOUSE AT TALIS PARK PHASE 2, PL20150002432, 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 $15,250.09 TO THE 2.C.a Packet Pg. 147 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 136 PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION WAS CONDUCTED ON NOVEMBER 15, 2016, THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE BY STAFF Item #16A12 – Moved from Item #17A (Per Agenda Change Sheet) HOLDING ONE OF TWO REQUIRED HEARINGS FOR LAND DEVELOPMENT CODE AMENDMENTS AT 5:05 P.M. ON TUESDAY, MARCH 14, 2017 Item #16B1 A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT BETWEEN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY AND WESTERN BIKE & AUTO, LLC IN THE AMOUNT OF $16,830 FOR PROPERTY LOCATED AT 2286 TAMIAMI TRAIL EAST AND WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA Item #16C1 AWARD REQUEST FOR QUOTATION #14-6213-86, “TRAIL BLVD WATER MAIN RELOCATION,” TO KYLE CONSTRUCTION, INC., IN THE AMOUNT OF $172,174.00, UNDER PROJECT NO. 70045, “FDOT UTILITY PROJECTS,” FOR WATER MAIN RELOCATIONS ALONG PORTIONS OF TRAIL BOULEVARD, AS REQUIRED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO CONSTRUCT DRAINAGE IMPROVEMENTS; AUTHORIZING A 2.C.a Packet Pg. 148 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 137 CORRESPONDING UTILITY WORK AGREEMENT WITH THE FDOT; AUTHORIZING A BUDGET AMENDMENT IN THE AMOUNT OF $100,000 – FOR THE CONSTRUSTION OF A SIDEWALK AND DRAINAGE IMPROVEMENTS Item #16C2 A $332,650 WORK ORDER UNDER REQUEST FOR QUOTATION #14-6213-82 TO QUALITY ENTERPRISES USA, INC. UNDER PROJECT NUMBER 70019, “CROSS CONNECTION CONTROL PROGRAM;” AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – FOR THE PREVENTION OF BACKFLOW OF CONTAMINANTS INTO THE WATER SYSTEM Item #16D1 AN AGREEMENT WITH THE CONSERVANCY OF SOUTHWEST FLORIDA ALLOWING IT TO PROVIDE ENVIRONMENTAL EDUCATION PROGRAMS AT COLLIER COUNTY MANAGED AND OPERATED BEACH PARK FACILITIES – THIS AGREEMENT IS FOR FIVE YEARS AND MAY BE EXTENDED ONE ADDITIONAL TERM OF FIVE YEARS Item #16D2 SUPPLEMENTAL STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM HOUSING COUNSELING FUNDS FOR FY 2016-2017 IN THE AMOUNT OF $49,377, AUTHORIZES THE CHAIR TO SIGN THE SHIP HOUSING 2.C.a Packet Pg. 149 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 138 COUNSELING FUNDING CERTIFICATION AND REQUEST FORM, AND APPROVES A BUDGET AMENDMENT IN THE AMOUNT OF $49,377 Item #16D3 FOUR MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP LOAN PROGRAM IN THE COMBINED AMOUNT OF $43,750 – ALL LOCATED AS FOLLOWS: 1208 N 18TH ST, IMMOKALEE; 425 JONES ST, IMMOKALEE; 12105 FULLER LANE, NAPLES; 140 16TH AVE NE, NAPLES Item #16D4 A STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) IMPACT FEE RELEASE OF LIEN IN THE AMOUNT OF $11,612.98 FOR THE ASSOCIATED OWNER-OCCUPIED AFFORDABLE HOUSING DWELLING UNIT WHERE THE OBLIGATION HAS BEEN REPAID IN FULL – LOCATED AT 12105 FULLER LANE, NAPLES Item #16D5 A BUDGET AMENDMENT RECOGNIZING PROGRAM INCOME FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT; TOTAL FISCAL IMPACT OF $23,434.12 Item #16D6 SERVICES FOR SENIORS, AFTER-THE-FACT, STANDARD 2.C.a Packet Pg. 150 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 139 CONTRACT AND ATTESTATION STATEMENT WITH AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC., AND AUTHORIZING ASSOCIATED BUDGET AMENDMENTS FOR THE FY17 OLDER AMERICANS ACT TITLE III PROGRAM IN THE AMOUNT OF $51,314.28 - FUNDING WILL BEGIN ON JANUARY 1, 2017 ENDING ON DECEMBER 31, 2017 Item #16D7 A BUDGET AMENDMENT INCREASING THE FY 2015-2016 STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM ALLOCATION BY $23,658 AND RECOGNIZE PROGRAM INCOME RECEIVED; IN THE AMOUNT OF $421,526.29 FOR SHIP FY 2015-2016. SHIP BUDGET AMENDMENT - (FY 2015- 2016) Item #16D8 A NON-GRANT PORTION OF THE THREE YEAR SEASONAL BEACH SHUTTLE OPERATING BUDGET FOR A BUS LEASE, OPERATIONAL AND INFRASTRUCTURE REQUIREMENTS IN THE AMOUNT OF $200,000 FROM TOURIST DEVELOPMENT COUNCIL (TDC) CATEGORY “A” BEACH PARK FACILITIES FUND (183), MARKETING AND PROMOTIONAL EXPENDITURES IN THE AMOUNT OF $75,000 FROM TDC TOURISM PROMOTION FUND (184); MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM; AND AUTHORIZE ALL NECESSARY BUDGET AMENDMENTS – AN ALTERNATIVE SEASONAL ROUTE PROVIDING BEACH ACCESS FOR RESIDENTS AND VISITORS 2.C.a Packet Pg. 151 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 140 Item #16E1 PAYMENT OF OUTSTANDING INVOICES UNDER QUANTUM MERUIT FOR CONTRACT #15-6432 - PREVENTATIVE MAINTENANCE INSPECTION SERVICES AND ON-CALL MECHANICAL CONTRACTOR SERVICES FOR PROJECTS TO JOHNSON CONTROLS, INC. – FOR ON-CALL MECHANICAL CONTRACTOR SERVICES THAT WERE ALREADY COMPLETED Item #16E2 THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS, SURPLUS PROPERTY AND OTHER ITEMS AS IDENTIFIED – FOR THE SURPLUS DISPOSAL AND REVENUE REPORT FROM DECEMBER 20, 2016 THROUGH JANUARY 5, 2017 Item #16E3 WAIVING THE FORMAL COMPETITIVE PROCESS IN THE BEST INTEREST OF THE COUNTY AND APPROVE A NEGOTIATED AGREEMENT #17-7058 WITH ROBERT FLINN RECORDS MANAGEMENT CENTER - FOR THE STORAGE OF APPROXIMATELY 11,000 BOXES OF PAPER COPY DOCUMENT BY COUNTY AND CONSTITUTIONAL OFFICES Item #16E4 2.C.a Packet Pg. 152 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 141 THE SERVICE LEARNING AGREEMENT BETWEEN THE FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES (FGCU) AND THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE AGREEMENT – A TWO-YEAR FIXED TERM AGREEMENT BASED UPON EXECUTION THAT HAS TWO ADDITIONAL ONE-YEAR TERMS Item #16E5 THE SUBMITTAL OF AN EMS MATCHING GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF HEALTH FOR THE PURCHASE OF A MULTIFUNCTIONAL TRAINING SYSTEM FOR MEDFLIGHT CREWS FOR A TOTAL OF $7,519 (MATCH $1,880) – PROVIDING FOR PHYSICAL FITNESS EQUIPMENT; THE GRANT APPLICATION PERIOD IS FROM OCTOBER 1, 2016 THROUGH FEBRUARY 1, 2017 Item #16E6 CHANGE ORDER #001 FOR THE LEARNING MANAGEMENT SYSTEM CONTENT BUNDLE AND SERVICES PACKAGE UPGRADE IN THE AMOUNT OF $16,800 TO CORNERSTONE ONDEMAND, INC. FOR CONTRACT #16-6621, LEARNING MANAGEMENT SYSTEM – FOR EMPLOYEE TRAINING PROGRAMS THAT INCLUDE THE GOLDPLUS CONTENT BUNDLE Item #16F1 RESOLUTION 2017-09: AMENDMENTS (APPROPRIATING 2.C.a Packet Pg. 153 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 142 GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2016-17 ADOPTED BUDGET Item #16F2 – Continued to the February 14, 2017 BCC Meeting (Per Agenda Change Sheet) RECOMMENDATION TO ADOPT THE 2017 STRATEGIC PLAN WITH THE INCLUSION OF MINOR CHANGES BASED UPON DIRECTION RECEIVED AT THE BOARD WORKSHOP ON JANUARY 3, 2017 Item #16F3 TOURIST DEVELOPMENT TAX CATEGORY “B” FUNDING TO SUPPORT THE ISPS SOFTBALL EVENT UP TO $3,500 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM – FOR A SOFTBALL EVENT THAT WILL TAKE PLACE ON FEBRUARY 4-5, 2017 AT THE NORTH COLLIER REGIONAL PARK Item #16G1 THE FIRST AMENDMENT TO A SITE LICENSE AGREEMENT WITH CENTER RING CIRCUS, INC. FOR A BIG TOP CIRCUS EVENT AT THE IMMOKALEE REGIONAL AIRPORT – THE EVENT DATES HAVE BEEN REVISED TO JANUARY 29, THROUGH FEBRUARY 2, 2017, ALLOWING FOR SETUP AND TEAR-DOWN Item #16J1 2.C.a Packet Pg. 154 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 143 PROVIDING THE BOARD OF COUNTY COMMISSIONERS THE CLERK OF THE CIRCUIT COURT’S INTERNAL AUDIT REPORT 2017-1 JOB CREATION INVESTMENT PROGRAM: ANIMAL SPECIALTY CENTER OF FLORIDA, LLC, ISSUED ON JANUARY 17, 2017 Item #16J2 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 DECEMBER 29, 2016 TO JANUARY 11, 2017 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J3 PURSUANT TO THE BOARD’S PURCHASING ORDINANCE 2013-69, AS AMENDED, REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JANUARY 18, 2017 Item #16K1 RESOLUTION 2017-10: SETTING THE BALLOTING DATE FOR THE RECOMMENDATION OF MEMBERS TO THE PELICAN BAY SERVICES DIVISION BOARD BY RECORD TITLE OWNERS OF PROPERTY WITHIN PELICAN BAY – THE CLERK IS RECOMMENDING THE BALLOTING DATE OF 2.C.a Packet Pg. 155 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 144 MARCH 6, 2017 Item #16K2 RESOLUTION 2017-11: RE-APPOINTING SUSAN J. CURLEY WITH TERM EXPIRING ON FEBRUARY 14, 2020 TO THE CODE ENFORCEMENT BOARD Item #16K3 RESOLUTION 2017-12: APPOINTING ROBERT J. RAYMOND WITH TERM EXPIRING ON MAY 22, 2021 TO THE COASTAL ADVISORY COMMITTEE Item #16K4 A PROPOSED STIPULATED ORDER OF TAKING AND FINAL JUDGMENT IN THE AMOUNT OF $15,631 FOR PARCEL 365RDUE IN THE CASE STYLED COLLIER COUNTY V. STEVEN A. EDWARDS, ET AL., CASE NO. 16-CA- 1327, REQUIRED FOR THE EXPANSION OF GOLDEN GATE BLVD. FROM 20TH STREET EAST TO EAST OF EVERGLADES BLVD., PROJECT NO. 60145. (FISCAL IMPACT: $15,631) Item #17A – Moved to Item #16A12 (Per Agenda Change Sheet) Item #17B – Moved to Item #9C (Per Commissioner Saunders During Agenda Changes) Item #17C 2.C.a Packet Pg. 156 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes) January 24, 2017 Page 145 RESOLUTION 2017-13: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2016-17 ADOPTED BUDGET ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 1:15 p.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ________________________________________ PENNY TAYLOR, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK ______________________________ These minutes approved by the Board on ___________________, as presented _______________ or as corrected _______________. 2.C.a Packet Pg. 157 Attachment: January 24, 2017 BCC Meeting Minutes (2715 : January 24, 2017 BCC/Regular Meeting Minutes)