GLADES COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING. Tuesday October 10, 2017

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1 GLADES COUNTY BOARD OF COUNTY COMMISSIONERS REGULAR MEETING CALL TO ORDER / PRAYER / PLEDGE Tuesday October 10, 2017 AGENDA AMENDMENTS Note: Unanimous Board Action is required to amend agenda for official vote. PRESENTATIONS / AWARDS PUBLIC HEARINGS CONSENT AGENDA 1. County Warrants 2. Approve Minutes of the September 19, 2017 Meeting PUBLIC INPUT ON BUSINESS AGENDA ITEMS Anyone wishing to provide public comment on an Agenda Item please fill out a comment card on the table at the entrance to the Commission Chambers. BUSINESS AGENDA 3. Resolution Supporting the Promise Zone Application for Southwest Florida 4. Memorandum of Understanding between SWFRPC, Collier County, Glades County and Hendry County for the Purpose of Applying for and lmplementinq Proqrams Under the Rural Promise Zone Program 5. Letter of Support for the Southwest Florida Regional Planning Council s Brownfield Coalition Assessment Grant Application 6. Agreement with Foster & Foster to prepare Other Postemployment Benefits Report for First Addendum to Agreement between Glades County and Crowder Gulf 8. Weekley Asphalt Paving, Inc Overlay Project 9. Lift Station at Loves 10. GeoComm Agreement CONSTITUTIONAL OFFICERS COUNTY ATTORNEY COUNTY MANAGER PUBLIC INPUT ON NON-AGENDA ITEMS COMMISSIONERS ITEMS AND COMMENTS

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37 AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT: Resolution Supporting the Promise Zone Application for Southwest Florida DEPT/DEPT REQUEST: County Manager BACKGROUND/DETAIL OF REPORT: The Southwest Florida Regional Planning Council seeks to partner with Glades County, Hendry County and Collier County to apply for Rural Promise Zone Designation to bring these benefits to Southwest Florida. BUDGET IMPACT: Yes / No If Yes, how much? From where? Not at this time COORDINATION WITH: Mr. Paul Carlisle, County Manager and staff MOTION(S): I Move to Approve/Disapprove Resolution No _ Supporting the Promise Zone Application for Southwest Florida. REQUEST BY: Mr. Paul Carlisle Meeting Date: October 10, 2017

38 Resolution # A Resolution of the Glades County Board of County Commissioners Supporting the Promise Zone Application for Southwest Florida WHEREAS, Glades County is aware that the Promise Zone Designation helps distressed areas address the needs of their residents and provide new opportunities; WHEREAS, Glades County recognizes that Promise Zone designation brings priority access to federal investments and technical assistance to further strategic plans, federal staff to help implement goals, and AmeriCorps VISTA members to recruit and manage volunteers and strengthen the capacity of the Promise Zone initiatives; WHEREAS, Glades County had a poverty rate of 25.3% for the period according to the American Community Survey and recognizes that its residents would benefit from new jobs, increased economic activity, improved educational opportunities, private investment, and reduced crime; WHEREAS, the Southwest Florida Regional Planning Council seeks to partner with Glades County, Hendry County and Collier County to apply for a Rural Promise Zone Designation to bring these benefits to southwest Florida; NOW, THEREFORE, BE IT RESOLVED that the Glades County Board of County Commissioners supports the Southwest Florida Rural Promise Zone Designation Application and is committed to being an implementation member to support and implement the Strategic Plan for the Promise Zone. DULY ADOPTED by the Glades County Board of County Commissioners this day of October GLADES COUNTY BOARD OF COUNTY COMMISSIONERS GLADES COUNTY, FLORIDA [SEAL] By: Glades County BoCC, Chairman Attest: By: Glades County, Clerk of Courts

39 AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT: Memorandum of Understanding between SWFRPC, Collier County, Glades County and Hendry County for the Purpose of Applying for and implementing Programs Under the Rural Promise Zone Program DEPT/DEPT REQUEST: County Manager BACKGROUND/DETAIL OF REPORT: SWFRPC, Collier County, Glades County, and Hendry County recognize the economic distress of their rural communities which have a poverty rate of 31..2% and an unemployment rate of 15.7% and seek assistance through the USDA Rural Promise Zone Program. Each County's Board of County Commissioners unanimously passed a resolution affirming its intent to be an implementation partner, along with SWFRPC, for the purpose of applying for the Rural Promise Zone designation and implementing the Strategic Plan that is included in the application. BUDGET IMPACT: Yes / No If Yes, how much? From where? Yes, Staff Time COORDINATION WITH: Mr. Paul Carlisle, County Manager MOTION(S): I Move to Approve/Disapprove The Memorandum of Understanding between SWFRPC, Collier County, Glades County and Hendry County for the Purpose of Applying for and implementing Programs Under the Rural Promise Zone Program REQUEST BY: Mr. Paul Carlisle Meeting Date: October 10, 2017

40 MEMORANDUM OF UNDERSTANDING REGARDING BROWNFIELDS ASSESSMENT COALITON FOR THE ENVIRONMENTAL PROTECTION AGENCY ASSESSMENT GRANT BETWEEN SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL AND GLADES COUNTY This memorandum of understanding ("MOU ) is entered into this day of October, 2017 between the GLADES COUNTY BOARD OF COUNTY COMMISSIONERS ( Glades County ), organized and existing under the laws of the state of Florida ( County ) and the SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, an intergovernmental agency created pursuant to Section , F.S., and identified in Rule 29-I, FAC. ( SWFRPC ). All parties are collectively referred to as the Parties or Coalition Partners or Partners. WHEREAS, the Coalition Partners are the Glades County Board of County Commissioners, Southwest Florida Regional Planning Council and counties within the Southwest Florida Promise Zone; WHEREAS, Chapter 163, Florida Statutes, permits governmental units to enter into Interlocal Agreements to make the most efficient use of their powers by enabling them to cooperate with one another on a basis of mutual advantage; and WHEREAS, each of the Parties has determined that it is in the best interests of the residents of the Parties respective jurisdictions that they enter into this Agreement to form a Brownfield Assessment Coalition in order to be eligible to apply for funding opportunities from the US Environmental Protection Agency (EPA) Brownfields Assessment Grant Program (the Grant); and WHEREAS, the purpose of this MOU is to set forth the general intentions of the parties regarding the EPABrownfields Assessment Grant Program. 1. General Terms: The Coalition Partners hereto incorporate and set forth the following ideas in order to further the mutual goal of assessing brownfields: a. Southwest Florida Regional Planning Council shall apply for the Grant and shall act to coordinate the sub-recipient awards. b. If the Grant is awarded the parties shall each enter into a sub-recipient agreement with each of the Counties so that the SWFRPC may award the grant money to the local governments. c. Activities funded through the sub-recipient agreement may include inventory preparation, site selection criteria development, assessments, planning (including cleanup planning) relating to Brownfield sites, outreach materials and implementation, and other eligible activities. The SWFRPC may retain consultant(s) and contractors to undertake various activities funded through the cooperative agreement and may award sub-grants to other Coalition Partners under 40 CFR for assessment projects in their geographic areas. Sub- Page 1 of 4

41 grantees are accountable to the SWFRPC for proper expenditure of all grant funds. d. SWFRPC shall coordinate with the County in whose geographic area the site is located to finalize the scope-of-work for the consultant or contractor. It will be the responsibility of this Partner to obtain all required permits, easements, and access agreements as may be necessary to undertake assessments at the selected site. If this Partner does not have the capacity to perform these activities, the SWFRPC may assist in securing necessary site access agreements and permits. e. SWFRPC, in consultation with Partners, will work to develop a site selection process based on agreed-upon. Selected sites will be submitted to EPA for prior approval to ensure eligibility. f. SWFRPC and Partners shall share responsibility for ensuring that the other activities as negotiated in the work plan, such as community outreach and involvement, are implemented in accordance with a schedule agreed upon by the SWFRPC and the Partners in whose geographic area the sites to be assessed are located. 2. Termination A party may withdraw from this MOU by providing sixty (60) days written notice to the other parties, but shall continue to be bound by the terms of the Grant. 3. Third Party Beneficiaries - This agreement does not create any relationship with, or any rights in favor of, any third party. 4. Severability - If any provision of this agreement is declared void by a court of law, all other provisions will remain in full force and effect. 5. Non Waiver - The failure of any party to exercise any right in this agreement shall not be considered a waiver of such right. 6. Governing Law and Venue - This agreement is governed in accordance with the laws of the State of Florida. Venue shall be in Lee County. 7. Sovereign Immunity - Nothing in this Agreement shall be interpreted as a waiver of the sovereign immunity doctrine enjoyed by each party hereto. 8. Attachments - All exhibits attached to this agreement are incorporated into and made part of this agreement by reference. 9. Amendments - The parties may amend this agreement only by mutual written agreement of the parties. 10. Captions and Section Headings - Captions and section headings used herein are for convenience only and shall not be used in construing this Agreement. Page 2 of 4

42 11. Construction - This agreement shall not be construed more strictly against one party than the other(s) merely by virtue of the fact that it may have been prepared by one of the parties. It is recognized that all parties have substantially contributed to the preparation of this agreement. 12. Notice - For all purposes herein, notice shall mean written notice sent by certified mail, return receipt requested, properly addressed and posted, or by commercial courier service, to the addresses shown below. Notice shall be effective only upon actual receipt by the addressee, but written response to or acknowledgment of a notice received shall constitute a waiver of any defect in the manner notice was given. A copy of every notice given under this Agreement must be sent to the other Parties, the Administrator and to the Chair of the governing body. Notices required or permitted under this Agreement shall be delivered to: If to SWFRPC: Margaret Wuerstle Executive Director Southwest Florida Regional Planning Council 1400 Colonial Blvd. Suite 1 Fort Myers, FL (239) If to County of Glades: (Name) (Title) (Address) (City, State) (Phone) 13. Recording of Agreement. The Southwest Florida Regional Planning Council, upon execution of this agreement by all parties, shall record this MOU in the public records of Lee County, Florida. 14. Entire Agreement - This agreement constitutes the entire agreement and supersedes all prior written or oral agreements, understandings, or representations. Page 3 of 4

43 EXECUTED AND ATTESTED ON THE DATES BELOW WRITTEN: SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL ATTEST: By: Margaret Wuerstle, Executive Director Nicole Gwinnett, Promise Zone Coordinator GLADES COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: By: John Ahern, Chair Sandra Brown, Clerk of Courts Page 4 of 4

44 AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT: Letter of Support for the Southwest Florida Regional planning Council s Brownfield Coalition Assessment Grant Application DEPT/DEPT REQUEST: County Manager BACKGROUND/DETAIL OF REPORT: Letter supports Southwest Florida Regional Planning Council and the application for the FY2018 EPA Brownfield Coalition Assessment Grant (Promise Zone). BUDGET IMPACT: Yes / No If Yes, how much? From where? Not at this time COORDINATION WITH: Mr. Paul Carlisle, County Manager MOTION(S): I Move to Approve/Disapprove the letter of support for the Southwest Florida Regional Planning Council s Brownfields Coalition Assessment Grant Application and authorize the Chair to sign on behalf of the Board. REQUEST BY: Mr. Paul Carlisle Meeting Date: October 10, 2017

45 Ma Glades County Board of County Commissioners P.O. Box Avenue J Moore Haven, Florida Phone: (863) Fax: (863) Internet address October 10, 2017 Ms. Margaret Wuerstle Executive Director Southwest Florida Regional Planning Council 1400 Colonial Boulevard Suite 1 Fort Myers, FL Re: Letter of Support for the Southwest Florida Regional Planning Council s Brownfields Coalition Assessment Grant Application Dear Ms. Wuerstle: Glades County is pleased to partner with The Southwest Florida Regional Council (SWFRPC), Collier County, and Hendry County to apply for the FY2018 EPA Brownfields Coalition Assessment Grant through the Southwest Florida Promise Zone Brownfield Coalition. This grant would provide funds to assess hazardous substances as well as petroleum-impacted properties and develop cleanup plans if necessary. Glades County acknowledges the leadership of the SWFRPC in assembling a multi-jurisdiction, multi-sector coalition of government entities and allied public and private sector partners to conduct community wide assessments of environmentally impacted properties in the Southwest Florida Promise Zone region. Glades County agrees to serve as a Southwest Florida Promise Zone Brownfield Coalition member and acknowledges that the Southwest Florida Regional Planning Council will be the lead member of the coalition for the purposes of this grant application and subsequent award. In support of this effort, Glades County will provide access to county and city data, facilities for public workshops, and assistance in garnering community input. Staff from Glades County is willing to serve on advisory boards or committees that are developed in support of this grant and brownfield redevelopment in our community. We look forward to working with the Southwest Florida Regional Planning Council on this important endeavor. Sincerely, John Ahern Chair Weston Pryor Donna Storter-Long Donald Strenth John Ahern Tim Stanley Paul Carlisle Richard W. Pringle District 1 District 2 District 3 District 4 District 5 County Manager County Attorney

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58 AGENDA ITEM SUMMARY GLADES COUNTY BOARD OF COUNTY COMMISSIONERS SUBJECT: Lift Station at Loves DEPT/DEPT REQUEST: County Manager BACKGROUND/DETAIL OF REPORT: The lift station at the Loves Travel Stop needs to be turned over to the City County Public Works. BUDGET IMPACT: Yes / No If Yes, how much? From where? Not at this time COORDINATION WITH: Mr. Paul Carlisle, County Manager MOTION(S): I Move to Approve/Disapprove turning over the lift station at the Loves Travel Stop to the City County Public Works and authorize the County Manger and County Attorney to execute any required documents. REQUEST BY: Mr. Paul Carlisle Meeting Date: October 10, 2017

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