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Agenda 02/13/2018 Item #2B02/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: January 9, 2018 - BCC/Regular Meeting Minutes Meeting Date: 02/13/2018 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 01/22/2018 11:47 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 01/22/2018 11:47 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 01/22/2018 11:47 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM 2.B Packet Pg. 13 January 9, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, January 9, 2018 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: Andrew Solis William L. McDaniel, Jr. Donna Fiala Burt L. Saunders Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal Kinzel, Director of Finance & Accounting Troy Miller, Communications & Customer Relations January 9, 2018 Page 2 MR. OCHS: Madam Chair, you have a live mike. CHAIRMAN TAYLOR: Good morning. Good morning, everyone. Brand new year, 2018. So glad to see so many people here, especially we have a very special guest this morning. Mrs. Mudd, we're so glad you're with us today. Would you stand up, please. (Applause.) CHAIRMAN TAYLOR: Tony was the wife of our former county manager and makes a visit once a year at least to us here, and we're very, very glad you're here this morning. On that, we have an invocation by Rabbi Ramos Ammos Chorny of the Beth Tikvah Synagogue, and after that we're going to stand and say the Pledge of Allegiance. And would -- Commissioner Solis, would you lead us in that, please. Item #1A INVOCATION BY RABBI AMMOS CHORNY OF BETH TIKVAH SYNAGOGUE RABBI CHORNY: Good morning. CHAIRMAN TAYLOR: Good morning. RABBI CHORNY: Acclaim the Lord all the earth, serve the Lord with gladness, come before him with joyous song. We dedicate ourselves, this moment, and the work that's about to be done to you, oh, Lord. And though all things come through you, we can offer that which is yours. We have come together in gratitude and in joy to thank you for the blessings of this day and for the many blessings which are ours. Joyfully, we offer our labors, our Lord, God of our forefathers, and pray that you will help us to maintain the spirit of dedication. Always January 9, 2018 Page 3 direct our hearts to you and to continue the work of the people with faithfulness, with integrity, and great commitment. Amen. (The Pledge of Allegiance was recited in unison.) Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES; COMMISSIONER SOLIS ABSTAINED FROM VOTING ON ITEM #16A4 AND #16C4 MR. OCHS: Good morning, Madam Chair, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of January 9th, 2018. And a belated Happy New Year to all. COMMISSIONER FIALA: Thank you. Same to you. MR. OCHS: Thank you, ma'am. The first proposed change is to add Item 11B to this morning's regular agenda. This is a recommendation to consider request for payments for the Economic Incubators, Incorporated, contract. That's made at staff's request. The next proposed change is to continue indefinitely Item 5C. This was a presentation by the Everglades Society for Historic Preservation. The lady that was going to present had an unfortunate fall and needs to reschedule. So we've just continued that indefinitely until we hear back from them. Those are all the changes I have, Madam Chair. CHAIRMAN TAYLOR: Commissioner McDaniel, any January 9, 2018 Page 4 changes? COMMISSIONER McDANIEL: No, ma'am. CHAIRMAN TAYLOR: Additions? COMMISSIONER McDANIEL: No, ma'am. Do you want ex parte, too? CHAIRMAN TAYLOR: Yes. COMMISSIONER McDANIEL: And no ex parte. CHAIRMAN TAYLOR: Okay. Commissioner Fiala? COMMISSIONER FIALA: No changes, no additions, no corrections, and no ex parte. CHAIRMAN TAYLOR: Commissioner Solis? COMMISSIONER SOLIS: No ex parte. I do have a conflict on 16A4 and 16C4 on the consent agenda, so I will abstain from voting on those. CHAIRMAN TAYLOR: Okay. Commissioner Saunders? COMMISSIONER SAUNDERS: Madam Chair, no changes and no ex parte. CHAIRMAN TAYLOR: All right. And I have one addition which was given to me this morning by Commissioner Saunders, and we're just going to add it as a presentation. I don't know if it would be 5C or 5D. Commissioner Saunders will explain, but it's to us as commissioners, so I'd like to put it forward. MR. OCHS: That would be Item 5D. CHAIRMAN TAYLOR: 5D. And I have no ex parte and no other changes. Any other discussion? (No response.) CHAIRMAN TAYLOR: Hearing none, all those in favor of approving the agenda as presented say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. January 9, 2018 Page 5 CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed, like sign. (No response.) CHAIRMAN TAYLOR: It carries unanimously. Thank you. January 9, 2018 Page 6 Item #2B DECEMBER 12, 2017 BCC/REGULAR MEETING MINUTES - APPROVED AS PRESENTED MR. OCHS: Item 2B is approval of the BCC regular meeting minutes of December 12, 2017. COMMISSIONER McDANIEL: So moved. COMMISSIONER FIALA: Second. CHAIRMAN TAYLOR: Any other discussion? (No response.) CHAIRMAN TAYLOR: All those in favor, say aye. 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: It carries unanimously. Thank you. Item #2C SELECTION OF CHAIRMAN AND VICE-CHAIRMAN - MOTION APPOINTING COMMISSIONER SOLIS AS BCC CHAIRMAN – APPROVED; MOTION APPOINTING COMMISSIONER MCDANIEL AS VICE-CHAIRMAN – APPROVED MR. OCHS: Item 2C is the annual selection of the board chair and vice chair. January 9, 2018 Page 7 COMMISSIONER FIALA: I'd like to make a motion to -- let's see. How do I want to say it? Nominate. CHAIRMAN TAYLOR: Yes. COMMISSIONER FIALA: Okay -- to nominate Commissioner Solis as our new chairman. COMMISSIONER SAUNDERS: Second. COMMISSIONER FIALA: He stands as vice chairman now, and he's done a great job. I know he'll do a great job as chairman as well. COMMISSIONER SOLIS: Thank you. COMMISSIONER SAUNDERS: Second. And move that the nominations be closed. COMMISSIONER McDANIEL: Third. CHAIRMAN TAYLOR: All right. COMMISSIONER SAUNDERS: Might as well. You have two motions. CHAIRMAN TAYLOR: And I just had to add something. Commissioner Saunders, you had talked about doing it consecutively -- or numerologically consecutively, and that would make it Commissioner McDaniel. COMMISSIONER SAUNDERS: Well, no. What I thought we would do -- and after we -- all five of us will have had an opportunity to serve as chair. CHAIRMAN TAYLOR: Right. COMMISSIONER SAUNDERS: Commissioner Solis is going to be chair next, and then my assumption would be that one of -- either McDaniel or myself would be chair or vice-chair, however that would work, so that all of us will have served as chair, and then beginning after that three years, I would have a resolution that says you -- it's actually by number. So Commissioner Fiala would then be chair and then so on. That way there's no politics associated with it; there's no questions. And January 9, 2018 Page 8 also, you had raised the issue that if you're elected, newly elected, then you would skip that. CHAIRMAN TAYLOR: Both Commissioner Fiala and I said that. COMMISSIONER SAUNDERS: Yeah. CHAIRMAN TAYLOR: We don't want a freshman as chair. COMMISSIONER SAUNDERS: Right. But I wanted to wait to see how this was going to play out in terms of this year and then the next two years, which I think we sort of all know how that's going to play out. So I'll bring this back probably at the next -- sometime in February I'll bring back the ordinance -- CHAIRMAN TAYLOR: Okay. COMMISSIONER SAUNDERS: -- to set that in motion. COMMISSIONER SOLIS: Just -- and I very much appreciate the nomination. COMMISSIONER McDANIEL: Do you want it? COMMISSIONER SOLIS: And I'm honored to serve that way. COMMISSIONER McDANIEL: Do you want it? COMMISSIONER SOLIS: Yeah, sure. That's a good question. COMMISSIONER SAUNDERS: You're not going to have a choice there on that one. COMMISSIONER SOLIS: But I would like to know how we're going to decide, you know, the vice-chair. Is it an arm -- rock, paper, scissors? What are we doing? COMMISSIONER SAUNDERS: No. I was going to make a motion subsequent to this to have Mr. McDaniel. COMMISSIONER FIALA: I'll go along with that. COMMISSIONER SAUNDERS: That's not on this motion. COMMISSIONER McDANIEL: Vote on the first -- oh, you want to do them both right now? COMMISSIONER SOLIS: No. I was hoping for arm wrestling. January 9, 2018 Page 9 COMMISSIONER SAUNDERS: Well, if the chair will permit in addition to, or -- CHAIRMAN TAYLOR: Well, let's take care of -- well, it's closed. So let's -- one step at a time, or else we'll have some folks from the audience deciding they're going to be chair. So let's just -- COMMISSIONER McDANIEL: Vincent. CHAIRMAN TAYLOR: The nominations have closed, and so we have Commissioner Solis who's been nominated. And we don't need second nominations, it's my understanding, but we do have a second, which is Commissioner Saunders. COMMISSIONER FIALA: I think we have a third, too. COMMISSIONER McDANIEL: Yes. CHAIRMAN TAYLOR: Okay. All right. So all those in favor of Commissioner Solis becoming chairman, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN TAYLOR: Aye. COMMISSIONER SOLIS: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN TAYLOR: Those opposed? (No response.) CHAIRMAN TAYLOR: Congratulations. COMMISSIONER SOLIS: Thank you. Thank you. (Applause.) COMMISSIONER TAYLOR: Now, would you like to conduct the rest of the meeting? CHAIRMAN SOLIS: I will, but first I would like to -- COMMISSIONER TAYLOR: Oh, the proverbial. CHAIRMAN SOLIS: The proverbial, but it's a very well deserved -- COMMISSIONER McDANIEL: Oh, look at that. January 9, 2018 Page 10 CHAIRMAN SOLIS: -- plaque for Commissioner Taylor, and it says, in grateful appreciation, Commissioner Penny Taylor, Chairman, for outstanding leadership, and I would emphasize that, because I think this year went as well as it could possibly have gone. I think you ran great meetings and you've been a real leader in bringing the Commission together after -- COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: -- some rocky times. So I congratulate you on a wonderful job, and here you go. COMMISSIONER TAYLOR: Thank you very much. Thank you. (Applause.) COMMISSIONER TAYLOR: So I think it's fitting at this point that we put you in your proper place, sir, which is in the center. CHAIRMAN SOLIS: Oh, okay. COMMISSIONER McDANIEL: She actually specified what his proper place is. COMMISSIONER TAYLOR: In control. CHAIRMAN SOLIS: Well, thank you very much. We'll switch. And I guess we can switch the monitors somehow. MR. OCHS: Well, customarily, Commissioners, right after we select the chair and vice-chair, we usually take a couple-minute break to allow you all to get resituated in your new chairs and get you logged into the right thing, so -- COMMISSIONER TAYLOR: We're speedy. MR. OCHS: Right. You're ahead of me, as usual. Yes, thank you. COMMISSIONER TAYLOR: Thank you very much. I just -- I want to say thank you for this opportunity to serve you and to work with you. It's been an interesting year. And I look forward to 2018. And I'm so sorry that Alabama lost last night. My heart was with January 9, 2018 Page 11 Georgia and -- but what a game. And it's kind of fitting. All this is just kind of roll, Solis roll. COMMISSIONER McDANIEL: Roll tide. You can put the sign up, if you want to. CHAIRMAN SOLIS: No. But I would like to say again what a wonderful job I think Commissioner Taylor did as our chairman last year setting the tones of the meetings and keeping things very collegial. I think we went through some -- you know, we had to make some big decisions, and we did that in a very respectful manner even though we disagreed on a lot of things. And I think it was a testament to her leadership. So thanks again. COMMISSIONER TAYLOR: You're welcome. Alabama goes here. CHAIRMAN SOLIS: Roll tide. One more time. MR. OCHS: Mr. Chair, it's appropriate to take nominations for, I think, vice chair. CHAIRMAN SOLIS: Vice chair. COMMISSIONER SAUNDERS: Mr. Chairman, if I might, I would like to move that Mr. McDaniel be the vice chair. COMMISSIONER FIALA: I'll second that motion. COMMISSIONER McDANIEL: I'll be happy to. CHAIRMAN SOLIS: There's a motion and a second. COMMISSIONER McDANIEL: And we are interchangeable, so I'll be -- I'm good with that. I'm good with that, so... CHAIRMAN SOLIS: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: Can I vote for myself? January 9, 2018 Page 12 CHAIRMAN SOLIS: Sure. COMMISSIONER TAYLOR: Yeah, yeah. Of course you can. COMMISSIONER McDANIEL: We don't have to change. I can stay here and be vice chair, can't I? COMMISSIONER TAYLOR: Yeah. CHAIRMAN SOLIS: It's up to the chair. COMMISSIONER McDANIEL: Oh, yes. Sir, can I stay in my seat? CHAIRMAN SOLIS: Commissioner, you can sit wherever you like, as far as I'm concerned, so... COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: Okay. So is there an agenda sheet? COMMISSIONER TAYLOR: Yes, there is an agenda. Yes, you may. It's right here. CHAIRMAN SOLIS: Thank you. Item #2D BOARD APPOINTED MEMBERS TO OFFICES OF THE BOARD OF COUNTY COMMISSIONERS, THE COMMUNITY REDEVELOPMENT AGENCY, THE TOURIST DEVELOPMENT BOARD, THE COMMUNITY AND ECONOMIC DEVELOPMENT BOARD, THE PUBLIC SAFETY COORDINATING COUNCIL, AND THE SOUTHWEST REGIONAL PLANNING COUNCIL, AND TO AUTHORIZE THE NEW CHAIRS FOR BOTH THE BOARD OF COUNTY COMMISSIONERS AND THE COMMUNITY REDEVELOPMENT AGENCY TO EXECUTE ALL DOCUMENTS APPROVED AT BOTH THIS MEETING AND THOSE DOCUMENTS WHICH WERE PREVIOUSLY APPROVED BUT ARE PENDING SIGNATURE - MOTION January 9, 2018 Page 13 APPOINTING COMMISSIONER MCDANIEL TO REPRESENT THE IMMOKALEE CRA AND COMMISSIONER FIALA TO REPRESENT THE BAYSHORE GATEWAY TRIANGLE CRA – APPROVED; MOTION APPOINTING COMMISSIONER FIALA TO THE TDC – APPROVED; MOTION APPOINTING COMMISSIONER TAYLOR TO THE EDC – APPROVED; MOTION APPOINTING COMMISSIONER MCDANIEL TO THE PSCC AND THE SWFRPC – APPROVED; MOTION APPOINTING COMMISSIONER SAUNDERS LIAISON TO THE OFFICE OF THE CLERK OF COURTS – APPROVED MR. OCHS: Mr. Chairman, that moves us to Item 2D, and that's appointment of other various board positions, I think beginning with the chairmanship of your Community Redevelopment Agency. During the past year you had co-chairs of the CRA. Both Commissioner Fiala and Commissioner McDaniel co-chaired the CRAs. COMMISSIONER FIALA: I would love to continue on as chairman, but I think it's also important that we have a chairman for the Immokalee CRA because each one has specialty in those areas, and so if it would please you, I would love to have you nominate me as a chair for the CRA, and Commissioner McDaniel. COMMISSIONER McDANIEL: Co-chair. Just do like what we did last year, co-chair? COMMISSIONER FIALA: Yeah, that's good. COMMISSIONER SAUNDERS: Mr. Chairman, I'll make that motion then. CHAIRMAN SOLIS: And I'll second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. January 9, 2018 Page 14 CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Well, thank you. And I think it's a wonderful idea to have both of you because of the location of the two CRAs -- COMMISSIONER FIALA: It works so well. CHAIRMAN SOLIS: -- and your experience, yeah. COMMISSIONER TAYLOR: Except I do have to say this: You don't have a CRA in your district anymore. CHAIRMAN SOLIS: Oh, that's true. COMMISSIONER FIALA: Right. COMMISSIONER TAYLOR: So I'll wrestle it from you next year. COMMISSIONER FIALA: Well, this is very important to me. COMMISSIONER TAYLOR: And me too. COMMISSIONER FIALA: I started back in 1991, and it's coming finally -- MR. OCHS: Commissioner, if we could get you to speak a little bit more closely into your microphone. COMMISSIONER FIALA: Oh, yeah. I wasn't trying to be secretive. Thank you. Thank you. I appreciate it. MR. OCHS: Mr. Chairman, your next appointment is to the Tourist Development board chairmanship. CHAIRMAN SOLIS: Any nominations? COMMISSIONER FIALA: For what? CHAIRMAN SOLIS: Tourist development. MR. OCHS: Tourist development. COMMISSIONER FIALA: If nobody wants to do it, I'll do it January 9, 2018 Page 15 again, because I come from the tourism industry, but then I'm not volunteering for anything else. I love it. COMMISSIONER SAUNDERS: Mr. Chairman, if I could ask one of our colleagues a question. I know Commissioner Fiala has an interest in that, I know Commissioner Taylor had an interest in that. Do you still have an interest in that as well? COMMISSIONER TAYLOR: Yeah, I do, but I also have an interest in the economic development, so I'd like to -- COMMISSIONER SAUNDERS: Okay. Well, then, I'll make a motion to reappoint Commissioner Fiala to the Tourist Development Council. COMMISSIONER McDANIEL: Second. Second. COMMISSIONER TAYLOR: All right. CHAIRMAN SOLIS: We have a motion and a second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. COMMISSIONER McDANIEL: And then I'll make a motion for the Economic Development board for Commissioner Taylor. COMMISSIONER FIALA: I'll second that motion. COMMISSIONER TAYLOR: Thank you very much. CHAIRMAN SOLIS: Okay. There's a motion and a second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. January 9, 2018 Page 16 CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. Congratulations to both of you. COMMISSIONER TAYLOR: Thank you. MR. OCHS: Mr. Chairman, the next appointment is for your Public Safety Coordinating Council. COMMISSIONER McDANIEL: Am I allowed to speak? For the next two, I've enjoyed serving on both of these. I feel we made some really good strides with the Public Safety Coordinating Committee. That's a joint effort with your efforts, Commissioner, or Mr. Chairman, with regard to mental illness and drug addiction in our community and coordinating the efforts with the agencies involved, and we've made great strides there. Also, we all know there's been -- on the second part of that is the RPC, and we know there's been some issues with what's going on with the Regional Planning Council, and I've enjoyed that service as well. So I wouldn't mind staying on both of those. COMMISSIONER FIALA: You know, I would like to make a motion that -- I'm sorry. I'd like to make a motion that he does that. One of the RPCs -- one of the things that the RPC has not had too much of is representation from us. And since Bill McDaniel has been on that RPC, he's going to all of the meetings and reporting back to us, and that's been a great help. And so I'm so happy that you volunteered. That's a great thing. So I'd like to make that motion for both of them. COMMISSIONER McDANIEL: And, you know, it's all about relevancy, and we are actually moving that organization over to having more relevancy for our planning staff and for our communities that are January 9, 2018 Page 17 involved in the Regional Planning Council. And Commissioner Taylor has been there as well just -- oftentimes by phone she's attended quite regularly, so just -- it's not all just me. She was there as well. COMMISSIONER FIALA: Need a backup. COMMISSIONER McDANIEL: She was the back-upper, I think, so... COMMISSIONER SAUNDERS: I'll second that motion. CHAIRMAN SOLIS: There's a motion and a second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. MR. OCHS: I think that takes care of all your appointments, Mr. Chairman. COMMISSIONER McDANIEL: Nice. MR. OCHS: That moves us on to Item 3D. CHAIRMAN SOLIS: Mr. Manager, one other item I'd like to bring up, just because I think it's the time to do this, is at the very first meeting last year in January where we made the appointments was where we entered into this memorandum of understanding with the Clerk's Office on, essentially, dispute resolution and those kind of things, and I was pointed the liaison for the Board to do that. And now, as chairman, I don't know that it should be me. And I would like to suggest that Commissioner Saunders be our liaison with the Clerk now. January 9, 2018 Page 18 COMMISSIONER FIALA: That sounds like a good idea. COMMISSIONER SAUNDERS: Yeah. That may be one of the toughest jobs we have. Just kidding; just kidding. I'll be happy to do that. CHAIRMAN SOLIS: Do we need a motion for that? COMMISSIONER TAYLOR: Probably. COMMISSIONER FIALA: Let's make that motion. COMMISSIONER McDANIEL: That would be formal. COMMISSIONER FIALA: I'll make a motion that Commissioner Saunders be our liaison with the Clerk of Courts. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. MR. OCHS: Thank you. Item #3D1 AWARDS AND RECOGNITIONS - RECOGNIZE CHRISTOPHER D'ARCO, ENVIRONMENTAL SPECIALIST, SENIOR, GROWTH MANAGEMENT DEPARTMENT AS THE 2017 EMPLOYEE OF THE YEAR – RECOGNIZED MR. OCHS: That moves us now to Item 3D1. This is a recommendation to recognize Chris D'Arco, Environmental Specialist, January 9, 2018 Page 19 as the Growth Management Department -- from the Growth Management Department as the 2017 Employee of the Year. Chris, if you'd step forward, please. (Applause.) MR. OCHS: Chris, get right in the middle there, please, for a photo. And stand there just for a minute while I embarrass you in front of the rest of the audience here. Commissioners, Chris has worked with us since 2006 in our Growth Management Department and most recently in our Coastal Zone Management Division. He's accepted the responsibility for our shorebird monitoring in addition to his regular duties as our senior environmental specialist, saving the county the cost of contracting this activity, as requested by federal permitting, and adding flexibility, monitoring skills, and cost savings to the department. Chris's efforts have saved the county many thousands of dollars, as this is a yearly activity required by permit. Chris has been relentless in working with the Estuary Conservation Association to reposition navigational markers to support public safety and safe boating within the Wiggins Pass estuary. He was Collier County project manager on the artificial reef program that restores habitat and rebuilds fish populations. Chris is certainly a credit to the organization, very well deserving of this honor, and it's my honor to present Chris D'Arco as your Employee of the Year for 2017. Congratulations, Chris. (Applause.) Item #4A PROCLAMATION RECOGNIZING THE 21ST ANNUAL REV. DR. MARTIN LUTHER KING, JR. DAY PARADE AND January 9, 2018 Page 20 CELEBRATION IN COLLIER COUNTY, AND DESIGNATING JANUARY 15, 2018 AS A DAY TO REMEMBER DR. KING'S DREAM. ACCEPTED BY REPRESENTATIVES OF THE COLLIER COUNTY BRANCH OF THE NAACP - VINCENT KEEYS, DIANN KEEYS, HAROLD WEEKS, IRENE WILLIAMS, ELIZA MCCLENAGHAN, RHONDA BURNS AND LISSETT DE LA ROSA. ALSO ACCEPTING THIS PROCLAMATION, ARE MEMBERS OF THE COLLIER COUNTY BLACK AFFAIRS ADVISORY BOARD – ADOPTED MR. OCHS: That takes us to proclamations this morning, Commissioners. Item 4A is a proclamation recognizing the 21st annual Reverend Dr. Martin Luther King, Jr., Day parade and celebration in Collier County and designating January 15, 2018, as the day to remember Dr. King's dream. To be accepted by representatives of the Collier County branch of the NAACP: Vincent Keeys, Diane Keeys, Harold Weeks, Irene Williams, Eliza McClenaghan, Rhonda Burns, Lissett De La Rosa; and also accepting this proclamation are other members from the Collier County Black Affairs Advisory Board. If you'd all be kind enough to come forward and receive your proclamation. CHAIRMAN SOLIS: And as they're coming up, I'd like to read the proclamation. It says: Whereas, on the steps of the Lincoln Memorial, Dr. Martin Luther King, Jr., spoke passionately of his dream in an America where all citizens would be judged by the content of their character and not by the color of their skin, where all Americans would enjoy the riches of freedom and the security of justice, where the doors of opportunity would be open for all; and, Whereas, the celebration of Dr. King's birthday is intended as a January 9, 2018 Page 21 time for all Americans to reaffirm their commitment to the basic principles that underlie our Declaration of Independence and our Constitution, equality and justice for all; and, Whereas, on Monday, January 15th, 2018, all people of Collier County will remember Dr. King's dream and renew our commitment to bringing forth positive change throughout our nation; and, Whereas, during the year 2018, the people of Collier County and the entire world will remember and reflect on that tragic day 50 years earlier when, on April 4th, 1968, at the age of 39, Dr. King was taken from us by a sniper's bullet; and, Whereas, the Collier County branch of the NAACP will help us all to remember Dr. King's dream by presenting the 21st Annual Dr. Martin Luther King, Jr., parade celebration themed "Bridging the Racial Divide, Dr. King's Legacy of Inclusion and Diversity" to be held in the City of Naples Monday, January 15th, 2018. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that Monday, January 15th, 2018, be designated as a day to remember Dr. King's dream. Thank you. (Applause.) COMMISSIONER TAYLOR: Two lines. Back row, front row. MR. OCHS: Taller in the back; shorter in the front. COMMISSIONER TAYLOR: Vertically challenged in the front. There we go. COMMISSIONER FIALA: Can you see it? COMMISSIONER TAYLOR: On your toes. (Applause.) MS. HETZEL: Commissioner, we're going to do one more. COMMISSIONER FIALA: Okay. Now let's see. MR. KEEYS: County Commissioners, good morning. We would like to thank you for the proclamation, and we would like to January 9, 2018 Page 22 also address the public and invite everyone out to March with us on this 50th commemoration of his assassination, and we ask that the whole entire community please stand with us to march for Dr. Martin Luther King and what he stood for. So please join us that day. It will be a grand day. And we thank you once again for the proclamation this morning. (Applause.) Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR JANUARY 2018 TO AMERICAN EAGLE MORTGAGE - LAUREN MAXWELL TEAM. ACCEPTED BY LAUREN MAXWELL, GLENN GRANT, AND LIZ CASHMAN. ALSO PRESENT IS BETHANY SAWYER OF THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: Mr. Chairman, that takes us to Item 5, presentations. Item 5A is a presentation of the Collier County Business of the Month for January 2018 to American Eagle Mortgage, the Lauren Maxwell team. To be accepted by Lauren Maxwell, Glenn Grant, and Liz Cashman, and also Bethany Sawyer from the Greater Naples Chamber of Commerce, if you'd step forward and receive your recognition, please. (Applause.) COMMISSIONER FIALA: I like that tie. MS. MAXWELL: I'm Lauren Maxwell with the Maxwell Mortgage Team of American Eagle Mortgage. And I want to thank -- thank you to the Naples Chamber, the County Commissioners, and fellow citizens. We are honored for this recognition. January 9, 2018 Page 23 I have been in Naples for 29 years, and I have been helping families of Collier County buy homes here for 29 years. This year we've closed over a thousand loans, and almost all of them have been first-time homebuyers. So that allows us to give back to the community. And we have all kinds of fundraisers, and we do give back. My motto is "I'm Lauren Maxwell financing the world one loan at a time." Thank you very much. (Applause.) Item #5B PRESENTATION OF THE 2017 JAMES V. MUDD FELLOWSHIP AWARD - PRESENTED TO LT. COLONEL SHANNON HORNE MR. OCHS: Item 5B is a presentation of the 2017 James V. Mudd Fellowship Award. To be presented this morning by Tim Durham from the County Manager's Office. Mr. Durham? MR. DURHAM: Good morning, Commissioners. Happy 2018. I have the distinct pleasure this morning of presenting the annual Jim Mudd Fellowship Award which is a part of Leadership Collier. We have a very distinguished recipient today. We also have some distinguished guests. Earlier you recognized Jim Mudd's wife, Toni, who is in our audience. I believe Reg Buxton is here; he was Jim's classmate in Leadership Collier; Lieutenant Colonel Paul Garrah, who was also a recipient of the James V. Mudd Fellowship Award; and Harold Weeks who was just in here for the Martin Luther King Day celebration recognition was also a past recipient of this award. If I can take a couple minutes, I'd just like to talk a little bit about January 9, 2018 Page 24 Jim Mudd for those that didn't have the pleasure of knowing and working with him. Jim was a graduate of West Point, the class of 1974. He served 26 years in the U.S. Army, retired as a colonel, and in the first Gulf War, he was part of General Schwarzkopf's planning staff. He was a professional engineer by trade and served as County Manager from 2002 to 2009. The James V. Mudd Fellowship Award was created by the Leadership Collier Foundation to honor former County Manager Jim Mudd for his outstanding leadership in public service, and his legacy is stewardship. The fellowship was established to provide funding for distinctive recipients to pay for their tuition to participate in the Leadership Collier program. The selectee is picked by a confidential committee that considers, essentially, four key criteria that include integrity, being result-oriented in a positive and inclusive way, selfless community service, and inspiring others to collaborate, follow, and lead. At this time I'd like to ask Jim Von Rinteln to come forward. Jim, if you would come up here. Jim is the 2011 recipient of the James V. Mudd Fellowship Award, and he's going to introduce this year's selectee. MR. VON RINTELN: Thank you, Tim. Good morning, Commissioners, and our special guest, Toni Mudd, ladies and gentlemen. As mentioned, my name is Jim Von Rinteln, Leadership Collier Class of 2012, the best class. It's my distinct pleasure this morning to introduce this year's James V. Mudd Fellow, Shannon Horne. Shannon is originally from Barrington, Illinois. She graduated from United States Military Academy at West Point in 1995 with a bachelor of science degree in Engineering. Upon graduation, she was commissioned a second lieutenant in January 9, 2018 Page 25 the ordinance branch of the United States Army serving in numerous locations around the country and the world in increasingly challenging responsible positions. In 1998, Shannon transitioned with her family from the active component of the military to the army reserve component and was able to make Naples her home. Here in Naples, she has worked as a marketing consultant and in real estate while simultaneously maintaining her army career, most recently serving as the West Point liaison officer for South Florida mentoring hundreds of our local students towards their goal of attending a service academy. Shannon is married to Paul Horne, who some of you may know as a teacher and the offensive football coordinator at Naples High School. Together, they are the parents of five children, and so far two of them are following in their parents footsteps. Their oldest is an engineering, ROTC, and football student at college in Indianapolis, and their second oldest, Kirby, is going to be entering West Point currently at the prep school, going to be entering West Point as a plebe next year, so following in her mom's footsteps there, and then I think we've got the rest of the clan back there. We have Darby, Abby, and Toby. Shannon truly epitomizes the tenets of this award with leadership, integrity, team work, and public service. Ladies and gentlemen, it is -- I'm very glad that we finally have -- and I know Toni is an alumni of Jim Mudd's Alma Mater West Point as a Jim Mudd fellow. May I present to you Lieutenant Colonel Shannon Horne, the 2017 James V. Mudd Fellow. (Applause.) MR. DURHAM: Could I have the other awardees come forward. Also, Michael Dalby, if you would come forward and, Mrs. Mudd, if you would please join us. January 9, 2018 Page 26 MR. VON RINTELN: We were going to let you do the honors. MR. OCHS: Mr. Durham was too modest to mention he was a former recipient of the award as well. MR. DURHAM: They do make accidents from time to time. (Applause.) MR. DURHAM: Let's do one picture with the family, please. MS. HORNE: Mrs. Mudd, will you stand up here. MR. VON RINTELN: You don't get to keep it. MR. OCHS: Traveling trophy. MS. HORNE: Thank you. MR. OCHS: Congratulations. MR. DURHAM: Shannon, would you like to say a few words? MS. HORNE: Thank you all so much, and thank you for everybody who came to honor such an amazing man. Unfortunately, I wasn't able to know Mr. Mudd, but just being associated with West Point and Collier County, his reputation precedes him. And reading about him, I was just awe inspired to continue living up to those four tenets of this scholarship, especially the integrity. From what I read, everybody just constantly talked about how he led Collier County with such integrity, and I think that's an inspiration to us all. Thank you so much to my family, who's able to be here. They know my passion is just helping young folks in Collier County who want to serve their country, whether it be through an academy or enlistment or the reserves, and I'm just honored to learn a lot through Leadership Collier and continue helping the young people in our county who want to serve. Thank you so much. (Applause.) Item #5D January 9, 2018 Page 27 RECOGNIZING COLLIER COUNTY’S FAMILY FRIENDLY AWARD – ACCEPTED BY COUNTY MANAGER LEO OCHS – PRESENTED MR. OCHS: Mr. Chairman, Item 5C was continued on the change sheet this morning. That takes us to Item 5D, which was the presentation add-on from the commissioners. COMMISSIONER McDANIEL: Do we need to continue that item? COMMISSIONER SAUNDERS: Thank you, Mr. Chairman. I was attending an awards ceremony put on by the Collier Childcare Resources, Incorporated, and they were recognizing family-friendly businesses throughout Collier County. Some very significant businesses were being recognized, and I was delighted that Collier County was also recognized as being a family-friendly business. I think it's very important that we set a high bar for everyone in Collier County to see, and that is making sure that we are family friendly and a great place to work. It not only makes it a whole lot more pleasant to be here, but it makes Collier County much more effective and much more efficient. And so I want to congratulate the County Manager and his staff for making Collier County a family-friendly business, and this is the award I'll pass on to you. MR. OCHS: Thank you. (Applause.) COMMISSIONER TAYLOR: You've got to stand in the middle. CHAIRMAN SOLIS: Yeah. You've got to stand in the middle. MR. OCHS: I know I'm short. Thanks very much. January 9, 2018 Page 28 Item #6A PUBLIC PETITION FROM MR. JEFF LANE REQUESTING TO BE REIMBURSED FOR THE COSTS ($17,764.84) THAT HE INCURRED AS A RESULT OF A STORM DRAIN LINE COLLAPSE NEXT TO HIS HOME – DISCUSSED MR. OCHS: Mr. Chairman, that moves us on to Item 6A. This is a public petition request, Mr. Jeff Lane requesting to be reimbursed for the costs that he incurred as a result of a storm drain line collapse next to his home. Mr. Lane, you'll have up to 10 minutes to present. MR. LANE: Thank you very much. MR. OCHS: And good morning. MR. LANE: Good morning, everyone. Happy New Year, and congratulations on the new job, Commissioner. CHAIRMAN SOLIS: Thanks. MR. LANE: My name is Jeff Lane. I'm a homeowner in the Oakmont Subdivision in Pelican Bay. I'm here asking for reimbursement of $17,764.84 for damages to my property as a result of a storm line collapse that occurred so close to my home that my house had started to collapse as well. Three years ago my private brick sidewalk next to my home collapsed. I assumed that it was a result of a leaky sprinkler line or head, and I had it repaired. Didn't think anything of it. After Irma, I found the same area sunken in again, and about 10 feet down the same path, I found the much larger hole that I sent to you in my petition. I assume you have that available to you. Upon review I learned that this easement -- that there is an easement next to my home with a zero setback, and in this easement there is a storm drain line that runs along the entire side and length of January 9, 2018 Page 29 my property from the road all the way to Lake Oakmont, or Oakmont Lake. The county and Pelican Bay Services Division argued as to which entity was responsible for this storm line. Both did not want to take ownership. In the meantime, every rain event threatened further collapsing of my home, and every time I heard a raindrop, I thought, roll tide, roll. I pressed the issue hard, therefore, and I met with at least 15 Collier County and Pelican Bay Services Division employees, as well as Commissioner Solis at the town hall meeting he called roughly November 14th. Thankfully, Collier County made a decision to repair the root cause of the problem by outsourcing a zero trench -- excuse me -- a zero dig trenchless pipe repair firm that came in all the way from Nebraska. It was an elegant solution, and I was very thankful for it. It basically put a stint in the pipe rather than digging the pipe out causing further damage. In that process, which was laborious, I was there, and I learned that there are two holes in the storm line itself causing caverning underneath my home for at least three years. It made sense, then, that there were two dips in my sidewalk. I'm grateful that the county repaired the root cause, the damaged storm line. And the damages to my property could have been much worse, so I'm thankful and grateful for that. But now it's time to reimburse me for my expenses related to this collapsed line, as I had to basically prop up my home to prevent further collapsing, and some day I'd like to sell the home and I'd like to be able to tell the future homeowner it's safe. I had four helicals installed as well as a concrete beam to ensure my home will never have a collapsing issue due to this storm line. Currently I've documented expenses of $17,764.84. I have asked for reimbursement from the county. The county's response on January 9, 2018 Page 30 December 11th was that the property -- and I'll quote -- that the property in question was not in the care, custody, and control of the county at the time of the loss. Therefore, the county does not owe a duty to maintain the property. This being the case, they cannot be held responsible for this incident. Huh. You fixed it, but you're not responsible for it. Okay. All right. I don't really understand that one. So I asked the Pelican board, services division, last week, which is a division of this Collier County, for reimbursement. To date, they have not responded. So, again, my case is stuck between Collier County and a division of Collier County over who's responsible for the storm line collapse and reimbursement to me for damages to my property. So I have some rhetorical questions for you. Did I have the responsibility and duty to inspect the storm line? Did I have the responsibility and duty to maintain the storm line? Did I have responsibility to -- and duty to repair the storm line? No. Could I have pulled a permit to repair the storm line myself? No. But if I had tried, who would I have gone to? Would I have gone to Collier County? Would I have gone to Pelican Bay Services Division? Could I have simply blocked and/or plugged up the storm line from going past my home? Because a quarter of the neighborhood rushes right past my home. I could have plugged it up, but would I have been subject to a lawsuit? I think I would have been. If I had repaired the storm line on my own and repaired it poorly and there was a problem, would I be subject to a lawsuit? I think I would be. So assuming you agree with me on these rhetorical questions, how is it possible that I could be responsible for any damages to my property as a result of the failure of this storm line? So I'm here as a citizen without legal counsel attempting to close January 9, 2018 Page 31 this issue truthfully, transparently, kindly, and respectfully. As I'm without legal counsel, I'm also attempting to resolve this issue at a lower expense to my fellow Collier County residents. So I'm not sure where to go with this, and I'm looking to see -- and I understand, per your protocol, you may not be able to give me anything back, but I'm not sure where to go. May I ask for any counsel advice, coaching, where to go next, what should I do? I will tell you I'm not going to go away. I've got nothing better to do but golf. COMMISSIONER FIALA: View as the commissioners? CHAIRMAN SOLIS: Well, obviously, we can't -- we're not in the position to advise you on what you should or shouldn't do. And, as I understand it, you have retained an attorney, so... MR. LANE: I have not. CHAIRMAN SOLIS: I think I'll defer to the County Attorney as to what -- MR. KLATZKOW: And this is a conversation of generalities, not specific to the petitioner: We process over 500 claims against the county every year. They're administratively done. Jeff Walker handles it. One of the most outstanding employees you have. Board direction throughout the whole entire time I've been here has always been that if the county has liability, we do the right thing. If the county doesn't have liability, then, well, we fight the claim. Mr. Walker's working with members of Mr. Ochs' staff to ascertain exactly what it is that we're dealing with here. It's a very old conveyance. It doesn't appear that the county accepted it. But we're in the process of trying to figure it out. We're also in the process of trying to figure out how to remedy this on the assumption that the county did not acquire the easements, and we'll handle it administratively. And I will tell you that my office works with Mr. Ochs' people, and we do the right thing for the county. And I don't believe that this is the appropriate forum for anyone with a claim against the county, January 9, 2018 Page 32 because you're a legislative body. You make policy. You make law. What he's asking for, really, is why we have courts to resolve individual disputes. And that's the process, and we'll go through that process, and we'll see what happens. MR. LANE: I understand. Anything else? COMMISSIONER McDANIEL: Well, there's a couple of lights on. CHAIRMAN SOLIS: Oh, I'm sorry. Commissioner Fiala? COMMISSIONER FIALA: Yes. I understand what you just said, Jeff, but this gentleman wouldn't be allowed to fix it himself because it's not his equipment, so... MR. KLATZKOW: Ma'am, you've got 500 claims a year: People falling on your sidewalks, people who are involved in accidents on right-of-way, everything. And I understand what he's saying, okay, and he's very well spoken, all right. And we will do the right thing at the end of the day for both this board and the taxpayers in general, all right. I don't know that we have legal liability on this. Our initial review says that we don't. I'll be a little more specific here. We have certain county requirements before we'll take a maintenance easement. They include a certain width. We generally like at least 15 to 20 feet so we can get equipment in to fix stuff. This is about five feet, all right. So we've got a pipe that was not put in by the county. It was put in by the developer to take water off of a road to put it into a lake. The developer decided that he wanted the houses too close, all right; probably so he could put more houses in, all right. We can't get equipment in an easement like that. So, typically, we would not accept a maintenance easement like that because we can't maintain it. January 9, 2018 Page 33 That's what we're looking into right now. Now, did we fix it? Yes. We had a street that was flooding with water. You had to convey the water into the lake. We went in there, and we fixed it. That doesn't mean, however, that it was our obligation or responsibility. Now, we're going to -- staff is in the position right now that they're looking into this thing, because we understand that we've got a problem here, and we'll see if there's a long-term solution that will eventually come back to the Board with a recommendation. But having said that, ma'am, if we're going to be listening to people with claims against the county, one, it's not really appropriate that you decide that, because that's not your function. That's the Court's function, really. Your function is to make public policy and to create ordinances that we all live under, not to delve (sic) off any disputes. But I can assure you that Mr. Ochs' staff does the right thing for people and for the county in general. And we'll figure this out. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: And on that note, the public does have the right to petition us for whatever they wish for items that are not on this agenda, and whether this is the proper format or not, that's a matter of discussion that we can have as we go forward. He has the right to speak to us. And as you know, per our policies, per the rules of engagement, if you will, we can't make any decisions at this stage -- MR. LANE: Yes, I understand. COMMISSIONER McDANIEL: -- nor answer your rhetorical questions nor anything other than allow you your 10 minutes to expand upon your concerns. I would suggest to you that you continue on with your endeavors to seek satisfaction. You do have a very active county commissioner who will bring this forward as an agenda item for future discussion if, in fact, it's warranted or necessary and you haven't found relief through January 9, 2018 Page 34 the channels that have -- MR. KLATZKOW: Commissioner -- COMMISSIONER McDANIEL: -- been afforded to you. MR. KLATZKOW: -- you do not have -- okay. I'll say this a little stronger. You do not have the authority to fix this. COMMISSIONER McDANIEL: I'm not saying that I'm going to fix this. MR. KLATZKOW: No, no. You do not have the authority to fix this, all right. You can't bring this back because it has to be a public purpose to expend public money, and we don't know that there's a public purpose here. COMMISSIONER McDANIEL: I didn't say that I was going to fix it. I was talking to this gentleman here who is -- MR. KLATZKOW: Okay. But we're not bringing this back; not in the context of his claim, Commissioner. We can bring this back in the context of whether or not the county is going to assume maintenance obligations over all of these easements throughout Pelican Bay. That will be a policy decision. MR. LANE: Of which there are many that have collapsed. COMMISSIONER McDANIEL: And if I misled you, I apologize. I wasn't doing anything intentionally. I just wanted you to know that, as the County Attorney has expressed, there is a procedure for you to stay in and follow. MR. LANE: Totally understood, and I get that, and I'd prefer not to file a lawsuit. I don't want to -- I don't want to have the expense. I don't want to give the expense to you guys because I expect you're going to pay. I wouldn't be doing this to -- for fun. I believe I've been wronged. I didn't build this home. This home was built in the 1980s when it was developed in the '80s, and somebody signed off on those homes being so close to an easement. It wasn't me. January 9, 2018 Page 35 Yes, it's my responsibility for when I bought the home to look at those easements. Who knew it was going to collapse? CHAIRMAN SOLIS: Thank you. And I would just urge you to continue to work with staff, and I think a final determination is forthcoming and -- MR. LANE: Well, thank you -- CHAIRMAN SOLIS: -- I'm sure staff will let you know. MR. LANE: -- Commissioner. I appreciate that, Commissioner Solis. I'm just not sure where to go. I've got a letter from the county saying it's over. So if I'm hearing that it's not over, I'd like to know who to speak with next to keep the ball rolling. MR. OCHS: Mr. Lane can speak directly with me, the County Manager. I'd appreciate that, sir. MR. LANE: Thank you, County Manager. I appreciate that. MR. OCHS: My pleasure. MR. LANE: Thank you very much. Happy New Year. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, that takes us to Item 7, which is public comments on general topics not on the current or future agenda. Any speakers? MR. MILLER: Mr. Chair, we have one registered speaker at this time; Garrett Beyrent. MR. BEYRENT: Good morning, County Commissioners. You might remember last year; the day before today last year I did a presentation where I brought in the pickleball paddles. COMMISSIONER McDANIEL: Yes. January 9, 2018 Page 36 MR. BEYRENT: Do you remember that? Everybody got to -- and I'm assuming, because there's a problem relative to gifting things to county commissioners, that you just can't give stuff to commissioners. You have to have a process you go through. So I met with a couple of attorneys, who are nameless, okay. But they know what they're doing. They know a lot better what they're doing than I do. But in any case, the pickleball paddles I gave you, actually one of them was the one I gave to Commissioner Fiala, because she's really put Naples on the map relative to pickleball. I mean, there's no question whatsoever. I've got the big article in the paper from the Naples Daily News officially announcing that we are the pickleball capital of the world. That's very important. It might seem inconsequential to people that like baseball. I don't like baseball. I went to a Yankees game in 1962. The nuns made me go. Saw Mickey Mantle; wasn't impressed. So what I did was I gave Commissioner Fiala the pickleball paddle that was actually manufactured by a small corporation that's headquartered right here in Naples. It's called Pickle Pro. She got the best one. You guys all got the ones I got from Rick's Sporting Goods. They were two paddles for $14. Still too much money. So I thought, well, how can I get around this? So I talked to my attorneys. They said, well, you have to talk to Barry Williams, and you've just got to give stuff to the parks department and let them give them to the kids, and the kids will play pickleball. The only problem is that kids don't play a lot of anything. What kids do is they look at their cell phones. So my solution was I took a tree in my backyard -- it's a mahogany tree -- and I made a pickleball paddle. It's really cool, okay? It's very heavy. And I dedicated the paddle to the lady that's responsible for pickleball. And this is the paddle. This is the Donna Fiala. I call it the Hurricane Donna, all right. And if you look at the paddle in the middle, there's an eye, and that eye actually -- it actually January 9, 2018 Page 37 attracts sunlight, okay. Now, on the other side is a cellular telephone, okay. The cellular telephone is powered by solar power, okay. So if you want to -- if you want to keep your eye on the paddle or on the cell phone, you've got to have this side of it, which is Hurricane Donna, okay, you've got to have that facing the sun because that charges this side, okay. Now, while you're playing pickleball -- this is a slower paddle. This is very heavy paddle because it's made out of mahogany from the trees in my backyard that my son grew, okay. He's got little -- he has a little toy store. Okay, real quick, because I'm running out of time. Anyhow, this is the Hurricane Donna official pickleball paddle, which I made so it has no value to me whatsoever, okay. That's just a -- well, we'll see what happens with this, and then we're going to get our kids to get their eyes off the cell phones except if they're playing pickleball and they're getting energy and running around. And pickleball -- as you know, pickleball is actually a cross between ping pong and tennis. It's awesome. I've never played it myself; I probably never will. I don't care. I only want to promote pickleball just like those guys did up in Cooperstown, New York, and it was baseball. So here's -- that's it. CHAIRMAN SOLIS: Thank you. MR. BEYRENT: Okay. And I guess I have to give it to somebody here in this box, right? And it goes to Barry Williams, and I think we should start a fund, actually. We should get together -- CHAIRMAN SOLIS: Mr. Beyrent. MR. BEYRENT: -- and we should collect funds. CHAIRMAN SOLIS: You still have time? MR. BEYRENT: Case closed? MR. MILLER: Your time has expired, sir. CHAIRMAN SOLIS: Thank you. January 9, 2018 Page 38 MR. BEYRENT: You're welcome. COMMISSIONER FIALA: Garrett, thank you very much for doing that. I have to tell you some comforting news and that is that the pickleball people here in Collier County, they have been going to the different schools, actually just as you have suggested. They go to the schools, and they bring the whole network of pickleball items that they need to play a pickleball game -- MR. BEYRENT: Awesome. COMMISSIONER FIALA: -- and they gift each school with that so that they can actually get the kids off the street and behind the pickleball nets. MR. BEYRENT: That's great. COMMISSIONER FIALA: And they even demonstrate. So I wanted to tell you that your -- MR. BEYRENT: That is great. I'm glad to hear that -- did anybody play pickleball? Have you guys -- nobody did, right? In a year they had an opportunity of a lifetime. Okay. Case closed. CHAIRMAN SOLIS: Thank you. Item #10A REQUEST TO RECONSIDER ITEM #16A1, MOVED TO ITEM #11N, FROM THE DECEMBER 12, 2017 BCC MEETING WHICH READS: RECOMMENDATION TO APPROVE AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR THE PURPOSE OF INSTALLATION OF LICENSE PLATE READING (LPR) CAMERAS WITHIN COUNTY ROAD RIGHTS- OF-WAY – DISCUSSED MR. OCHS: Mr. Chairman, that takes us to Item 10, Board of County Commissioners. January 9, 2018 Page 39 Item 10A is a request to reconsider a board action on December 12th, 2017, approving an interlocal agreement with the City of Naples for the purpose of installation of license plate reading cameras within county road rights-of-way, and Commercial Solis has placed this on the agenda. CHAIRMAN SOLIS: I have. In reflecting back on that prior meeting where we discussed this and voted on it, I'm not sure that I have a complete picture of why we need this. So what I'm hoping is that we could have a better conversation with possibly representatives from the city actually being here to explain what they're doing, and that's why I'm asking for the Board to consider reconsidering this item. COMMISSIONER TAYLOR: In anticipation for this, I did have a conversation with our attorney, Jeff Klatzkow, and asked him, if it's a reconsideration, does that mean we can discuss whether it needs to be reconsidered, or do we just say yes or no and then have the discussion later? He said, well, sometimes in order to decide whether or not it should be reconsidered, you do have to kind of discuss it and then make a vote. And so in anticipation for that, I've invited City Manager Moss here, and I hope that someone from the Sheriff's Department is here so we can understand that this is more prevalent than you would think. So with your indulgence, sir. CHAIRMAN SOLIS: Absolutely. COMMISSIONER TAYLOR: Perhaps the Sheriff's Department first; perhaps. MR. MILLER: Mr. Chair and Commissioner Taylor, I do have registered speaker slips for Mr. Moss and representatives from the Sheriff's Office. COMMISSIONER TAYLOR: Oh, good. Great. January 9, 2018 Page 40 MR. MILLER: Your first speaker registered is Scott Barnett. He'll be followed by Jim Williams and then Bill Moss. LIEUTENANT BARNETT: Good morning. MR. WILLIAMS: Scott Barnett will join me up here. Good morning. My name is Jim Williams. I'm representing Sheriff Rambosk, Sheriff's Office. Hi, Crystal. And I'm the Chief of Investigations. With me is Lieutenant Scott Barnett. He commands our technical service bureau. He actually knows what he's talking about when it comes to LPRs. I'm here to take the hit if it doesn't go well. So I'm -- seriously. I'm more than available to answer any questions. We're happy to do that. LPRs represent a technological advantage for us in law enforcement. They're very effective, and they're very efficient. In a sense, though, an LPR can be replaced by a deputy with eyes, a pair of binoculars, and a notebook writing down license plates. So it's really not anything new. It's an evolution of how we go about our business. They're extremely effective in conducting investigations, looking for absconders around the country. And I'll ask Lieutenant Barnett to give you some specific examples of that so that you will see the advantage to us in many, many ways. Thank you. LIEUTENANT BARNETT: Good morning, Commissioners. We got into license plate readers a few years ago. We've taken a very conservative approach. The benefits have been phenomenal. We've used them to help solve homicides, we've -- the home robbery people we had a few years ago that were in the city and throughout the county, when we developed a suspect, we could place our readers in places where they helped us track the criminals while we were developing a case. There's a lot of laws that pertain to license plate readers that we're very conservative with. But the State allows people to retain these January 9, 2018 Page 41 records for three years only. And they also have another law saying that there's -- they're -- you cannot make a public records request for these -- any of that information. Another guideline for us is -- is that after a certain period of time, per the State, we have to have a case number or an active investigation to go in and pull the data in these things. So we're not doing anything with these that is beyond the scope of what's going on now. If you go on the interstate, your tag is being read. If you go through the City of Fort Myers, your tag is being read. Naples has a lot of cameras up already for the safety of the community. We use mobile platforms because our county use is spread throughout so many different miles where they have a small definitive area. So how you place them, what you do with them, you know, is governed by the State, and so far we've followed what we thought the community would like. I'm sure the city's going to be along those same lines. Do you have any questions on any problems with those or -- CHAIRMAN SOLIS: Okay. Thank you. Commissioner McDaniel? COMMISSIONER McDANIEL: Well, my question is more for you for asking this to come back for a reconsideration. You've expressed some reservations of -- we vetted this, I thought, fairly well when this came to us last year. I know that I specifically asked for some data and reports about the validity of these as to whether or not there was a benefit to assist our law enforcement agencies both in the city and the county as well. We expressed concerns about the security and whether or not there were privacy violations that actually traveled along with these things, and I thought we kind of managed it accordingly. And I was just wondering what your specific reservations were. CHAIRMAN SOLIS: Well, my reservations, and I think it was January 9, 2018 Page 42 Commissioner Taylor's reservation at the time, was just -- you know, it seems as though the Sheriff's Department has mobile units that are used, as I understand it, periodically when there's a reason to use them, as I understand it. They're not just -- they're just not placed out in right-of-ways and fixed places that continually read people's license plates. I also wasn't clear as to where this information went and what was done with it. Now, I am glad to hear that the information is, there's basically a life to it, and that if it's not used in some -- I'm assuming in some prosecution or something, then it's destroyed. LIEUTENANT BARNETT: Correct. CHAIRMAN SOLIS: And I just had a concern regarding our right to privacy, which every day seems to be diminishing. COMMISSIONER McDANIEL: Amen to that. CHAIRMAN SOLIS: And we're constantly monitored, you know, by our cell phones and everything else. So that was really my concern, and I wanted to make sure that we had the opportunity to have a complete discussion and hear, you know, what the Sheriff's Department's view of it was, which at least I don't recall having that discussion before, so that was my concern. MR. WILLIAMS: If I may, the Sheriff's Office is very concerned with privacy. As the lieutenant said, we're well aware of everybody's concerns. The LPRs can be targeted. If we're looking for somebody that's, say, wanted for a homicide, we have a license plate number. That license plate number is entered into the system. Recently we got the call from Illinois, somebody that caused a problem down here during the hurricane, and his car was located for us up in Illinois letting us know that he was no longer here; that type of thing. So we're very, very conscious of that. We hold the records for 180 days. We do that because we're a January 9, 2018 Page 43 seasonal community. That was a lengthy and very comprehensive discussion within the Sheriff's Office not to necessarily hold it just for three years just because we can. So we understand your concern, sir, and we're very conscious of that. I do not believe that the differentiation -- I would not make a differentiation necessarily between fixed and mobile. If fixed lends itself to our terrain -- I'm a former military guy situationed in terrain -- we would be using fixed ones. But for us right now, under the current circumstances, the mobile ones are the most efficient for us. Now, we would have to buy too many fixed ones, if you will. The city's situation is different. It's a much smaller, tightly compact area and would probably be the exact opposite of ours. It would be financially inefficient for them to buy bigger mobile ones as opposed to fixed ones. So I don't think there's anything untoward between the difference of the two, but I do understand your concern, sir. CHAIRMAN SOLIS: Is -- the information that's collected, is it automatically shared by the city with -- MR. WILLIAMS: No, sir -- CHAIRMAN SOLIS: -- the Sheriff's Department? MR. WILLIAMS: -- not automatically unless there's a request. In other words, if I go through their thing and it picks up my license plate, it does nothing with it. It just goes into the bank, if you will. If there's a list -- if my license plate has been tagged that the Sheriff's looking for me because I didn't make the meeting this morning, then the city will immediately -- that gets transmitted and we're aware that my license plate went through that license plate reader at this time and at this place. And that's -- we use it very effectively, as Scott has said. You all remember the home invasion burglaries that caused -- I'm actually only January 9, 2018 Page 44 35 years old. I just look this old because of things like that. Very effective in helping us deal with those people and bringing them. We were able to notify the folks up in Orange County -- LIEUTENANT BARNETT: Orange. MR. WILLIAMS: -- hey, they're coming your way, and they were able to pick them up on their LPRs and know where they came in. So this is extremely effective for us. CHAIRMAN SOLIS: Thank you. Commissioner Saunders? COMMISSIONER SAUNDERS: Chair, I didn't have any particular issues with this when it first came up, and I still don't. I am comforted by the explanation from the Sheriff's Department concerning how these -- this data is collected and used. The agreement is one that can be terminated. And so what I would suggest is -- I think it can be terminated without cause at any point in time. So what I would suggest is let's see how it works. If there become problems that are made known to us, then we can certainly re-evaluate that. But I would be opposed at this point to reconsidering it. If there's a change of heart on the Board, if there's a majority that wants to terminate the agreement, that's a whole different story. But I think reconsideration would not be the best approach at this time. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: And not to put you aside, but I think it would be very helpful to hear from the city and how they handle it. I think you'll be reassured at the process on their end. It's -- this is not their first entry into license plate reading, my understanding, but it is a request to broaden that scope. So this is City Manager Moss. MR. MILLER: Yeah. And this is your other registered speaker, Mr. Chairman. MR. WILLIAMS: Thank you very much for the opportunity. January 9, 2018 Page 45 MR. MOSS: Mr. Chairman, congratulations; County Commissioners, County Manager, Deputy Manager, my name is Bill Moss. I am the City Manager of Naples representing the Naples City Council, and thank you for approving our request for an interlocal agreement to allow placement of LPR cameras. It is correct we've had similar cameras in place for several years. They have been so successful, actually, that we've had three homeowners associations ask us to specifically install them in their subdivisions. This information is very limited to our personnel. Police officers don't have assess. We have designated detectives that have access to it. And nobody can have access without the approval of the City Manager, nor can any outside agency have access without approval of the City Manager. Unlike the mobile units -- mobile generally implies that you have a need for it and you know why at that point. If they're stationary, then that data is being collected. There's, frankly, too much data. There was a comment made where a deputy can actually sit there and record the tags going by. Our cameras, we have 22 of them now on 18 roadways. They collected 1.8 million tags in the last 30 days. So you can't use that data for anything unless you actually need to look for something. And the software is designed to alert law enforcement when there's a tag that's registered that, for some reason, is of concern to law enforcement, outstanding warrants, and that type of thing. I'll give you one item of how it can be used when things aren't anticipated. There was recently a significant shooting in a nightclub in Fort Myers. One of the people that actually was involved and got shot drove down to the Naples NCH hospital. He claimed that he was shot on Central Avenue in Naples. That was somewhat interesting to us because at the time Central Avenue was closed for construction, and January 9, 2018 Page 46 that raised some suspicions. The Fort Myers police wanted to see data from our cameras, and they had actually recorded the date and time that that vehicle came into the City of Naples. So that's how things can be used when you might not anticipate them. But to correct, the data is destroyed when it's not being used and, again, access is very limited. We are seeking your permission because it is less expensive to cover all points of ingress and egress, some of which are within the county's right-of-way, okay. Without your permission, we are essentially tripling our cost to over a million dollars to try to get the same type of coverage in the city. CHAIRMAN SOLIS: Okay. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Thank you. Well, I certainly feel better now that I've heard from the city. I think that was one of my concerns was not having heard exactly what -- from the city's perspective, what they were going to do with it. And I've brought it for reconsideration. If there's no second of that motion, we'll move on. Okay. Very well. COMMISSIONER McDANIEL: You're the Chair. CHAIRMAN SOLIS: We'll move on. Item #11B DIRECTING THE COLLIER COUNTY CLERK OF THE CIRCUIT COURT TO PAY REQUEST FOR PAYMENT NUMBERS 2018-1 ($15,237.23), 2018-2 ($14, 979. 74), 2018-3 ($14, 847.44) AND 2018-4 ($14, 947.46) TOTALING $60, 011.87 UNDER FISCAL YEAR 2018 AGREEMENT BETWEEN COLLIER COUNTY, FLORIDA, AND ECONOMIC INCUBATORS, INC. - January 9, 2018 Page 47 COMMISSIONER SAUNDERS SUGGESTED A MEETING BETWEEN EII AND THE COUNTY TO RECOGNIZE DEFICIENCIES AND PROCESSES THAT WILL BE BROUGHT BACK TO THE BCC IN MARCH – CONSENSUS MR. OCHS: Mr. Chairman, if we might move to Item 11B. I know there's several members of the audience here for that one. With your permission, Mr. Chair, we'll move forward on 11B. CHAIRMAN SOLIS: Yes. MR. OCHS: This is an add-on item this morning. It's a recommendation -- excuse me -- to seek payment from the clerk for reimbursement request for the 2018 agreement between Collier County and Economic Incubators, Incorporated. The four payment requests that have been made on the current contract total $60,011.87. And I know that there's a number of representatives from both EII and, of course, from the Clerk's Office and your Economic Development Department as well. But I see Mr. Brock has been able to join us as well this morning. Would you like any further explanation? Essentially, there's been four payment requests under the contract that this board approved with EII back in November, and there's a lot of work going on to try to get those payments made at this point. Let me get you the mobile, Dwight, so you don't have to be reaching. MR. BROCK: This is what you get when you -- CHAIRMAN SOLIS: I think it would be helpful to -- MR. BROCK: -- smoke when you're young. So anybody that's had to deal with that, just understand this is what you end up with. CHAIRMAN SOLIS: I think it would help them to have an explanation of what the request is and why we're making it. MR. OCHS: Yes. As I said, there's -- under the contract there's a January 9, 2018 Page 48 series of deliverables and documentation that's required with each request for payment. Those come through our staff and then move on to the Clerk's Office for their prepayment audits and their compliance reviews. We're at the point now where four of those have gone through our staff into the Clerk's Office. And EII, I think they will tell you that they're at a point where their cash flow is such that they can't keep moving forward until there's some resolution on these four payment requests. I know Commissioner Saunders has graciously been involved in trying to work through some of this with Mr. Brock as well. COMMISSIONER SAUNDERS: Mr. Chairman, if it would be appropriate, at this time I can indicate what those conversations have been. CHAIRMAN SOLIS: Please. COMMISSIONER SAUNDERS: If you need more information prior to that, that's understandable as well. CHAIRMAN SOLIS: No, please. I'd like to know where this is at. COMMISSIONER SAUNDERS: I don't want to -- I want to make sure I'm saying this correctly. And, Mr. Brock, I appreciate you being here -- MR. BROCK: Not a problem. COMMISSIONER SAUNDERS: -- because we -- Dwight and I spoke on the phone at length yesterday, and I spoke with Crystal at length yesterday as well, and my understanding is that there are -- from an auditing standpoint, there are some issues that need to be identified and rectified. But I believe -- and, Mr. Brock, this is where I want to make sure I'm not saying anything that's incorrect -- that the Clerk is willing to sign off on the current payments that have been requested and has January 9, 2018 Page 49 asked that the Board direct EII to correct these deficiencies that Mr. Brock will identify within about 45 days in terms of making sure that continuing payments will be made. Mr. Brock, if that's correct, then I think we're good in terms of the current request for payment, but I think it would be helpful if you would identify the deficiencies that need to be corrected over the next 45 to 60 days. MR. BROCK: I'd be more than happy to do that, but it's going to take a long time to correct them all. So as opposed to going through them one at a time, you know, I met with Mr. Pezeshkan and spoke to him out in the hallway. And the one thing that we would like to do in assistance of trying to avoid this in the future is, after this meeting takes place and we get the temporary resolution, is that we will all sit down with our liaison, which is now Commissioner Saunders, and we will talk about how to go forward in the future and see what we can do. Now, let's go through the process that we have currently experienced. We did not get October or December's billing -- that's two billings for each month -- until the end of December. And there are, in fact, issues that we have with the information that has been provided in compliance with the contract that you entered into in November. Without going into a great deal of detail, those will be the things that we talk about in our meeting with the directors, Mr. Pezeshkan, as president, and all of those issues to try to get the resolution. So it seems like we end up having to do this every time that this comes about. I don't know about anybody else, but I kind of get tired of that. So we need to find a way to try to resolve that so we're not taking up any more of your time, taxpayers' time, or any of our time in trying to do this. And, you know, believe you me, I understand the problems that this creates, but there seems to be a fundamental misunderstanding here, and that fundamental misunderstanding arises January 9, 2018 Page 50 as a consequence of a letter that was included by Marshal that says that I audit the terms and conditions of the contract between the Board and EII and that I should not be doing that. Well, now, Commissioners, that is exactly what I do, so I can assure you that will not change. But I don't sense a desire on the part of EII's people that I talk to, which is Fred and Dick, on a regular basis, that they have any concern about me auditing that at all. I mean, so we just need to get an understanding as to what's going on and get everybody on the same page in understanding that this is what has to be done in order for there to be payments made. You know, every time I talk to them, you know, it's very congenial, it's very cooperative, and we just -- as I said to him, maybe I need to get more involved in the day-to-day activities of dealing with EII so that we can try to resolve that and get Commissioner Saunders as the liaison and see if we can't deal with some of these issues. It doesn't seem like that ought to be that big a task to me but, obviously, it appears to be, so we'll just deal with it. But here is what I will agree to do, and it's basically what Commissioner Saunders has said, and that is -- when Commissioner Saunders and I first spoke, I didn't know that we hadn't even received the December billing, but we haven't even received any December billing. And I told him that I would pay the December billing, but obviously I'm not going to be paying the December billing without having received the bill, okay. But we will pay the October and November under the agreement that they have 45 days to get with us and work this out and try to get to a resolution of how this will work. That will give them the cash flow they need to function, correct? And we will move on. COMMISSIONER SAUNDERS: Just so there's no miscommunication, then, that total billing was the $60,000; is that January 9, 2018 Page 51 what we're talking about? MR. BROCK: That is correct. COMMISSIONER SAUNDERS: I don't think that you need a motion from us to move that forward. You have -- it's your -- MR. BROCK: Do not. COMMISSIONER SAUNDERS: -- authorization. But I think it would be appropriate for a motion at some point, maybe not at this moment, but the motion that I would make is that within the next 45 days that there be an understanding, a meeting between the principals here, Mr. Brock, myself, and the folks with EII, to have an outline of what the deficiencies are and a process, a real process to fix those, because Mr. Brock said he's getting a little tired of dealing with this. I'm going to have to say I'm getting a little tired of hearing it myself. You know, we had indicated to EII that we were going to fund them completely for this year and we were going to give them a year to get things in order, but we need to see some progress towards correcting those deficiencies that Mr. Brock will outline in some detail to you. So at some point I would like to make a motion that this come back to us maybe in March to have at least a conversation as to where things are with compliance with the terms of the agreement. MR. BROCK: I mean, the motion doesn't need to be made until we have gone through the material with all of us sitting down at the table trying to figure out what the issues are, trying to get those resolved, and, you know, then we can bring them back and discuss them in greater depth. CHAIRMAN SOLIS: Let me just ask for some clarification. So the 60,000 is what's going to be paid. My understanding is that there's a real urgency in getting that payment so that the payroll can be met for this Friday, because there are employees that need to be paid. Is that payment going to be received by -- I think they need to receive it by January 9, 2018 Page 52 the 10th, which is tomorrow. MR. BROCK: I don't have a problem with that. CHAIRMAN SOLIS: We can arrange for that payment to be made today so that the payroll can be met for Friday? MR. BROCK: Sure, we can. Sure. CHAIRMAN SOLIS: Okay. You know -- and I just want to say a couple things. I think, obviously, collectively, we've made the decision that diversifying the economy is something that we need to pursue -- I think we're all still in agreement with that; I hope we are -- and that one of the things we want to do is attract businesses, high-tech businesses in the medical field, clean industries. And I'm still committed, I think, to the creation of an accelerator to attract those kinds of businesses here is something that we should continue to pursue. And I know that my conversations with the Board at EII is that there's an interest to get past all this, and I sincerely hope that both sides can work to that, both sides, because I understand the difficulty of trying to run this organization when the payroll, you know, can't be met. I mean, there's employees that rely on this. So I hope that we can get past this and -- especially for Immokalee, because the culinary incubator in Immokalee, I think, has the potential for fundamentally changing the economy, not only in Immokalee, but for Collier County, and that's the kind of thing, as a policy, I think that we've said we want to pursue. So I can't stress enough how much I hope that we can get past this and EII can continue to do what it's doing successfully now, and I hope that our new liaison for economic development will get us past all that. MR. BROCK: Commissioner, let's understand one another. You make the policy. I don't have anything to do with making the policy. I do have something to do with ensuring that the terms of the agreements that you enter into are comported with. And I will continue January 9, 2018 Page 53 to do that, and policy will not play a role in that process. COMMISSIONER McDANIEL: Hear, hear. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: And with that, you know, this item's been going on for quite some time. I pulled it several months ago when the funding request came through, made some suggestions to the measurables and milestones, spoke with several of the board members, as you did, Commissioner Solis, and then, Commissioner Saunders -- after I made my adjustments, Commissioner Saunders pulled it and added to those measurables and milestones. I don't think there's any of us that are for -- or against incentivization of economic development and the betterment of our community. It's just the insistence upon transparency. With transparency we have accountability, and then we can all go forward and know that the investment of tax dollars are being adhered to per the terms of the agreement that we have with the institutions that we're incentivizing. We have several institutions that we do incentivize. Arthrex is a perfect example that we regularly assist with economic promotion with tax dollars, and it's done seamlessly. So I'm sure that with the liaison and the adherence to the agreement that is, in fact, in place can be met and measured, and this will move along just fine. MR. BROCK: I have a couple of statements that I would like to make in regard to working with the members of this board. You know, we dealt with an issue of recent vintage that you voted on today dealing with payment of pump trucks. And I'm here to tell you that without the intervention and the assistance of Commissioner McDaniel, the likelihood of that ever being accomplished would not have been good. But as a consequence of him working with us, working with the January 9, 2018 Page 54 vendor, and coordinating everything with us, it worked out, and everybody walked away from the table happy. That has happened on multiple occasions with Commissioner Saunders' assistance; this being another one of them. And that's the way that I look at it that it should work. And for the interaction that I have received and the cooperation that I have received from the commissioners with regard with this and other things as well, Commissioner Fiala, Commissioner Taylor, Commissioner Solis, it has been a new environment for me to work in this county as the Clerk of the Circuit Court, and I think that has been beneficial to all of the taxpayers, and we certainly anticipate that that will continue, and we hope that it will continue into the future. So to all of you, I thank you very much for the work that you put out, not just here making the policy, but in coordinating and trying to make sure that we all function as one unit, and I appreciate that greatly. CHAIRMAN SOLIS: Thank you. COMMISSIONER SAUNDERS: Mr. Chairman, I'll make one final comment from my end. I also want to thank Dwight Brock for his willingness to work with us. And his function is very important in terms of auditing. I like having the second set of eyes looking over our shoulder because if there's a mistake, we can point to him and say, well, you know, it's on you; not on us. MR. BROCK: Very comforting. COMMISSIONER SAUNDERS: But I want to say that because it's important for the folks at EII to understand that the Clerk has a very important function that helps us, and from my perspective, we're going to continue to honor that function and follow it. And so we all need to work together. It's a team effort. We're all on the same side of the table. So I appreciate your candor and your willingness to help us get through this. MR. BROCK: I truly don't sense any lack of desire on the part of January 9, 2018 Page 55 the people that are involved to work with us. I mean, I'm not really sure what it is. I'm not sure whether my hearing is going faster than I thought it was or what's going on, but -- no, don't stand up there, Bill, shaking your head affirmatively. No. But thanks. Appreciate it. CHAIRMAN SOLIS: And just to wrap this up. And I do thank you for working this out and making sure that we get payment so that the payroll can be made. But I think we also have to thank the board at EII. I mean, the board at EII, for anybody that doesn't know, Mr. Pezeshkan, Dick Grant, Mr. Camoot, JP Garnier, these are -- Steve Walker. MR. OCHS: Steve Wheeler? MR. WHEELER: Wheeler. CHAIRMAN SOLIS: Wheeler. I'm sorry. MR. WHEELER: You're supposed to ask your wife (sic). CHAIRMAN SOLIS: Yeah, sorry. Sorry, Steve. You know, this is -- they serve on the board of EII, you know, as a service to the community to try to make this successful, and so I thank the Clerk but I also thank them. It has been very time-consuming. Mr. Krieger now is heading up the accounting process, and I think it's worth noting that these are the pillars of the community that also are giving of their time to try to make this whole project work. So I hope we can work together and make it successful. Thank you. MR. OCHS: Mr. Chairman, at the conclusion of that item -- COMMISSIONER McDANIEL: There's a light on. CHAIRMAN SOLIS: Oh, I'm sorry. Commissioner Fiala. I'm going to get the hang of the light thing. COMMISSIONER FIALA: I'll just sum up real quickly and say communication, as you can hear, has been the key to all of this. Somebody calls you, tells you what the problems are. Other people start discussing rather than just avoiding things. But, anyway, I just January 9, 2018 Page 56 want to say communication all the way down the line helps us solve a problem, and I'm delighted to see that Commissioner Saunders is going to be our communicant now with our Clerk of Courts. It's wonderful, but -- although the Clerk of Court's always willing to talk to anybody, and you never have a problem with him. And that's what you have to do. You have to talk to one another to solve a problem. Thank you very much. CHAIRMAN SOLIS: So it's 10:30. I think we're ready for a break. Any other -- COMMISSIONER McDANIEL: Commissioner Saunders was going to make a motion on something. COMMISSIONER SAUNDERS: I think the Clerk has pointed out that we'll come back on that motion. We'll have the meetings and then work forward from there. So I don't think any motion needs to be taken at this point. MR. OCHS: I'll schedule a meeting right away, and then when the Clerk is ready and the Commissioner's ready, we'll bring that back. COMMISSIONER McDANIEL: Outstanding. COMMISSIONER FIALA: Thanks to everybody for being here. MR. BROCK: I mean, the first thing we need to do is sit down with the private meeting with -- MR. OCHS: Yes. MR. BROCK: -- Commissioner Saunders and -- MR. OCHS: Yes. MR. BROCK: I see all these people, I guess, that are on the board. I don't know that for sure since, you know, I think the only two I've ever dealt with was Fred and Dick. So when that's done, we will -- I sensed your urgency to get that done as well, so we will try to set that up this week. MR. OCHS: Okay. Thank you. We've got it. MR. BROCK: No, I mean just begin setting it up, not necessarily January 9, 2018 Page 57 have it this week. Obviously we've got to coordinate with everybody. CHAIRMAN SOLIS: Very good. Thank you. MR. OCHS: Ten minutes, sir? CHAIRMAN SOLIS: Yes, sir. MR. OCHS: Okay. 10:45 we'll be back. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. Item #10B REQUEST TO RECONSIDER ITEM #11H, FROM THE DECEMBER 12, 2017 BCC MEETING WHICH READS: RECOMMENDATION TO DIRECT STAFF TO INITIATE A REQUEST FOR INFORMATION (RFI) PROCESS FOR TWO COUNTY-OWNED PROPERTIES THAT ARE SUITABLE FOR THE DEVELOPMENT OF HOUSING THAT IS AFFORDABLE IN ACCORDANCE WITH THE COMMUNITY HOUSING PLAN – DISCUSSED MR. OCHS: Sir, we're moving now to Item 10B. This is a request to reconsider an item approved by the Board at the December 12, 2017, board meeting. It was a recommendation to direct staff to initiate a request for information process for two county-owned properties suitable for development of housing that is affordable in accordance with the Community Housing Plan, and Commissioner Fiala has brought this onto the agenda. COMMISSIONER FIALA: Thank you. CHAIRMAN SOLIS: Commissioner? COMMISSIONER FIALA: Thank you so much. After thinking it all through and then listening to John Schmieding -- that was an inspiration right there -- I thought, this is an January 9, 2018 Page 58 opportunity we don't usually have. Usually the properties that are presented to us are already encumbered by HUD or by SHIP, and so we have to go through certain procedures. But this is land that is entirely owned by the county. It has nothing on it. And we can incentivize a developer to come in and build that housing that -- like Schmieding was asking for for Arthrex, or that they're asking for with the hospitals. Right now the nurses and so forth do not qualify for the housing that is being built with all of these different funds. Same with -- and, by the way, both of these properties are located near a school and near a fire department. And so all of the employees and those types of things would also qualify for them. This is what the Chamber's been asking for over and over again. You know, we can't keep producing the same thing and expecting to get different results. And this was -- this is it. And I thought, oh, my goodness. This is such an exciting opportunity. I want to see us seize this and actually incentivize somebody, some builder, some developer or whatever, to build the housing that we know is needed for the businesses, business -- you know, bigger businesses that have all of their staff and they can't find anything here, so they have to drive to Fort Myers. They would be able to have something right here in Collier County of this quality. So that's why I asked to reconsider. The information we were given was saying it was for very low, low, and moderate. But that -- you know, we don't have to -- we don't have to adhere to that when it's something that we have no commitment to as far as HUD or SHIP. I think this would be a great opportunity. So I'm asking you if we can address this again. And I don't know how to incentivize a developer to build good housing, whether it be -- I don't care if it's rental or if it's owner-occupied or it's a combination or whatever, that would be great, just so that we can build it now for the January 9, 2018 Page 59 people in our business community who right now do not qualify for all of the low and very low. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: Yeah, just a question of staff. I wasn't aware that it specified low and very low. I thought it was to go out for proposals for workforce/affordable housing and then to allow a developer to come in with concepts on how it makes market sense, but I might be wrong on this. So I guess I need a point of clarification. I didn't see the low, very low at all. COMMISSIONER FIALA: Here it is. MR. OCHS: Commissioner, this was the item -- the executive summary that was approved by the Board. The last couple of paragraphs in the considerations kind of talked about the concept. We pointed out that in your housing plan affordability ranges anywhere from 0 to 140 percent of median income and that the housing plan and the committee had identified rental housing and senior housing at 80 percent or less is priority needs. But remember what we asked for was not an RFP process but an RFI process that would allow developers of these types of developments to bring concepts back to the board similar to what we did with the 17-acre parcel in the Bayshore CRA. As I mentioned to Commissioner Fiala the other day, it was always staff's intention at some point in this process, after the Board looked at the market concepts and identified or narrowed down their choices on what types of developments you would want on those two parcels, we would eventually need to get some guidance from the Board on if you wanted to target seniors or you wanted to target specific income brackets or whether you wanted to broaden that to the whole gamut of affordability. So Commissioner Fiala is right on. She's a little bit ahead of me in terms of what I anticipated the process to be. But if you want to January 9, 2018 Page 60 specify that today, we can build that into the process going forward. But there was no intent through the original executive summary and the request for the RFI to limit it to any particular income categories at this relatively early stage of the planning. Does that help, Commissioner? COMMISSIONER TAYLOR: Yeah, yeah. That's what I thought. And I'm looking at this, Commissioner Fiala, and you said it so eloquently before just before we went on our break, that, you know, we can learn things if we talk to one another, and I can't talk to you except for now. But I'm looking at this. It says, priority needs for rental and senior housing. Now, I can name 10 people in my neighborhood that would qualify for low or very low because they don't have the income. Are we excluding them? COMMISSIONER FIALA: No. But we -- there's quite a few buildings -- all of our HUD and SHIP money go for low and very low. We're not excluding them. This is something that -- this is something set apart. And I don't know about all of the people in your neighborhood. I do know you go down many roads, and that's all we have is low and very low. But we don't have any of this, and that's why we've heard over and over again why people have to drive to Fort Myers and why Arthrex has had to go out of the state because we don't have any of that medium income or the skilled-worker income or the professional housing. We don't have any of that. I mean, I would love it if you could even name one area that has it, but we don't. And I think we need to concentrate on some of that as well. COMMISSIONER TAYLOR: In my district they have -- on either side of the road on -- oh, it's Radio that was just built? No, it's Livingston. It's Golden Gate. I can't remember now. I think it's Radio. But it's being built as we speak. January 9, 2018 Page 61 But my concern -- you know, when I look at very low, right, single, very-low income limit, which is for a single person -- and I believe -- do we have -- are we saying it should be 60 percent of our mean income or 50 percent? What is the criteria for this? Or are we leaving it as an open book? MR. OCHS: Yes, ma'am. Again, the concept was first to allow the marketplace to come back with concepts and ideas based on their experiences that would optimize the two sites that you've selected. Once that was presented to the Board and you made some decisions about, okay, we want to do just rental or we want to do a combination of rental and ownership or, on the 60-acre site, we'd like to reserve 20 for a park and the rest for housing, then, you know, once you've made those decisions, we were going to then ask you to determine whether you wanted to keep the housing open to the full range of affordability spectrum or if you wanted to limit it to 80 percent or above or seniors a certain percentage. Those decisions will need to be made at some point. I think Commissioner Fiala is saying, and correct me if I'm wrong, ma'am, let's specify some of that earlier than the staff had anticipated doing that. COMMISSIONER TAYLOR: But my understanding about how it works is you want it, you pay for it, meaning the market is the market, and the land is ours, but we may have to create some incentives in order to get where we want to go, and we don't know where we want to go until we have someone assess a development and say, as a developer, this is -- this is what I can do and this is how I can build this. And if we don't like that mix, then we can say, okay, we don't want you to do this. We want you to do this. And the developer would say, that's not going to work on the bottom line. And they say, okay, so then we will incentivize this, and we will do this and this and January 9, 2018 Page 62 this. And that's the give and take that we haven't, you know, started yet. COMMISSIONER FIALA: Well, the incentive was already here, because we own the land. There's no encumbrances on it, so you don't have to worry about any of those things. That in itself, I think, would allow Mr. Developer to realize that he doesn't have any requirements that he has to do anything. He has to work, you know, to fill some needs that we have. And I think that that's something we can work with, you know, and make sure that they do. COMMISSIONER TAYLOR: Yes, of course. CHAIRMAN SOLIS: Commissioner McDaniel? COMMISSIONER McDANIEL: And my question was for Commissioner Fiala. It was the -- when we passed this before in this process -- this is a request for information, RFI. And we aren't precluding -- is your intention here -- because I want to support what it is that you're looking to do, but I'm trying to understand what you're looking to do with these two specific pieces of property. Are you wanting to limit the request for information to specific categories, which will then bring in a smaller group of developers or people that could potentially utilize this piece of property, or do you want to allow this to be open to as many as possible and then make decisions based upon what, in fact, our staff determines is the true need for our community? COMMISSIONER FIALA: Well, I don't like the word "limit," so I hate to do that. COMMISSIONER McDANIEL: Right. COMMISSIONER FIALA: But I do think we need to also describe what categories we're not filling now and see if they can't come in to fill some of those categories of unmet needs that we have. COMMISSIONER McDANIEL: Correct. COMMISSIONER FIALA: And we can do that just by our January 9, 2018 Page 63 wording, I would guess. MR. OCHS: Yes, ma'am. And, again, not to belabor this, but I think that was always a decision that we were going to ask you to make. We were going to ask you to make that after the RFI presentations were made so that you had an -- the way we envisioned this is we'd ask the market, who does this for a living, come forward with their best ideas and best practices, lay those out for you as, you know, these are concepts that would work under certain conditions, and then let you decide whether those work for you or whether you want to massage those and at that point say, you know, we like this -- we like this product mix, we like this concept, now apply that to only seniors, or apply it to income of 80 percent to 140 percent or 60 percent and below; whatever product mix the Board wants. We were trying to keep your options open at this early stage. It doesn't preclude the Board from doing, I think, Commissioner, what you're suggesting, and that is, you know, let's address the income levels that we haven't been able to address through our SHIP and CDB programs which are primarily directed to very low and low and some moderate income levels. COMMISSIONER FIALA: Right. Yeah, that's -- MR. OCHS: It's a matter of timing, I think more than anything else. COMMISSIONER FIALA: -- exactly what I'm saying, to fill that gap is now unmet, right? MR. OCHS: Yes; yes, ma'am. CHAIRMAN SOLIS: It's really just a timing issue. MR. OCHS: Yeah. And our thought, Commissioners, was, you know, there's time to address that, but let's hear from the marketplace and give them the benefit of letting them lay out the full gamut of options for you, and then you can narrow those choices down based on your policies. January 9, 2018 Page 64 COMMISSIONER FIALA: And I guess maybe I was led astray, then, when I saw that it was very low, low, and, you know, moderate, and instead of, you know, opening it up to everyone. MR. OCHS: No, ma'am. There has been absolutely no decisions or guidance given about what income groups would qualify. COMMISSIONER McDANIEL: And I don't mean to interrupt, but it was almost too much information that was included in the executive summary. There was some expression of perceptions of deficits and so on and so forth that could have been perceived as direction from staff. COMMISSIONER FIALA: Right. And, you know what it didn't say, it didn't say that it was land that is completely unencumbered. I mean, you go in there thinking, from the presentation, that, you know, you have to meet certain criteria, but this is -- I mean, this is free to the -- CHAIRMAN SOLIS: Yeah. COMMISSIONER FIALA: -- free thinker, and I love that idea. MR. OCHS: Yes, ma'am. You have great latitude on these parcels. CHAIRMAN SOLIS: And just from my perspective, that might be the reason to let's let the market see this as a clean slate. COMMISSIONER FIALA: Right. CHAIRMAN SOLIS: Bring us -- COMMISSIONER FIALA: Bingo. CHAIRMAN SOLIS: -- their best ideas, and then we'll go through this process and address your concerns and the other concerns. COMMISSIONER FIALA: Good. That is just great. So then there's -- the marching -- everybody understands what we're doing, right? MR. OCHS: Yes, ma'am. COMMISSIONER FIALA: Okay. Including me. January 9, 2018 Page 65 MR. OCHS: I don't think you need to change your prior direction on this. We understand your intent fully. COMMISSIONER FIALA: Okay. Fine and dandy. And to Commissioner Taylor, you said people in your neighborhood need low income, well, right now there are three villages being built in my district, or about to be built, plus another one they're adding another 109 to, so you've got about, I would say, 750 houses just in my district alone being very low income, so no problem. COMMISSIONER TAYLOR: Well, there is, because there's a waiting list. But I want to give you some good news, Commissioner Fiala. I was out to dinner with some folks who live in your neighborhood, in your district, and they said something to me; I was -- I took aback. They said, we can't have any more affordable housing in our neighborhood or in our district. They have to go other places because, after all, it lowers property values. And I thought, oh, really? So I did a little research and, ma'am, your district is cleaning our clocks. The 300- to 400,000 and change from -- 300- to $400,000 residences being built from 2015 to 2017, you have 11.14 percent. You're doing better than the City of Naples. COMMISSIONER FIALA: But we have 45 percent of the low-income housing, and that's also a lot better than the City of Naples. COMMISSIONER TAYLOR: But it's not holding back the development because when I -- COMMISSIONER FIALA: Well, you know what, I don't think this is the place for us to argue about this. COMMISSIONER TAYLOR: No, no. But I just want to give this to you. The average market value in total increase from 154,288 in 2015 to 187,587 in 2017 is a 21.6 increase, and I included the CRA district. So that whole area -- and what I included was -- I went from January 9, 2018 Page 66 Shadowlawn all the way to 951, from Davis Boulevard south to Thomasson, and took in that area. There was a 21.6 increase in two years in that area. COMMISSIONER FIALA: It's about time. We sure needed it. Do you know what that increase also brought? We finally had a couple stores open. We never had -- you know, we didn't have any retail stores open, and we've finally gotten some restaurants. These are things that didn't come to us before, so I'm blessed to hear that -- COMMISSIONER TAYLOR: Yeah. It's really good news, and it says that Collier County is big enough to have all kinds of housing in it, and it doesn't depress the property values. As a matter of fact, this is proof of it. COMMISSIONER FIALA: Ma'am, I live there. And about the property values, that's nice that you feel that way, and I'm sure that you've -- you know, but you cannot compare East Naples with the City of Naples, I'm sorry. It just doesn't compete. COMMISSIONER TAYLOR: No, no. I'm not comparing it. I'm just saying in that range, the only other district that has -- has a higher increase in that 300- to 400,000 range is Commissioner Solis' district and District 5, matter of fact. COMMISSIONER McDANIEL: Matter of fact. COMMISSIONER TAYLOR: Matter of fact. So, you know, I think -- I think we're maturing as a county. I think we're understanding that we can develop and take care of affordable workforce housing as well as the high end, and it doesn't depress, as long as we do it the right way, and I can tell you from my travels, Collier County knows how to do it the right way. Item #10C RESOLUTION 2018-09: SUPPORTING CONGRESSMAN January 9, 2018 Page 67 FRANCIS ROONEY’S EFFORTS TO EXTEND THE CURRENT MORATORIUM ON OFFSHORE DRILLING IN THE EASTERN GULF OF MEXICO – ADOPTED MR. OCHS: Mr. Chairman, would you like to move on to Item 10C? That is a recommendation to approve a resolution supporting Congressman Francis Rooney's efforts to extend the current moratorium on offshore drilling in the eastern Gulf of Mexico. And I believe Commissioner Taylor had brought this forward. COMMISSIONER TAYLOR: Yeah. And this -- it's fascinating that when I asked for this to be put on the agenda, then the next day is the front page of the paper where the federal government wants to open it up to offshore drilling. But I hope that I have the consensus here that a letter needs to go to Washington in support of his efforts. I think he's -- it's courageous. He is bucking the system, but I think it's a very important position to take. And you were here, Commissioner Fiala. COMMISSIONER FIALA: Yes, I was, and I've got pictures in my office of what the coast looks like -- or the waters of the Gulf of Mexico off of Texas and all of those oil wells all over. I don't know that there's places for people to swim because there are so many of them. It's clustered with them. And that's something that we've strongly protected. We should never have that happening. Our main source of income is tourism, and that would certainly not bring them here. We've prided ourselves on our feeling toward preserving our nature and so forth, and preserving it does not mean you build oil wells there. So, anyway, I strongly make a motion to approve this. COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: Third. January 9, 2018 Page 68 COMMISSIONER McDANIEL: Fourth. CHAIRMAN SOLIS: And a fifth, right? COMMISSIONER TAYLOR: All right. And I am assuming that your office will create the letter and -- or if it's -- MR. OCHS: Yes, ma'am. Happy to do it. CHAIRMAN SOLIS: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. COMMISSIONER TAYLOR: Wonderful. Thank you. Item #11A WAIVING COMPETITION AS A SINGLE SOURCE VENDOR AND AWARD A CONTRACT TO US SUBMERGENT TECHNOLOGIES IN AN ESTIMATED AMOUNT OF $1,000,000 FOR THE REMOVAL OF SAND, GRIT AND DEBRIS AT THE NORTH COUNTY WATER RECLAMATION FACILITY RESULTING FROM HURRICANE IRMA RECOVERY OPERATIONS UNDER PROJECT NO. 50154 – APPROVED MR. OCHS: Commissioners, that takes us to Item 11A. This was an item continued from the December 12th meeting. It's a recommendation to waive competition as a single-source vendor and award a contract to U.S. Submergent Technologies in an estimated amount of $1 million for the removal of sand, grit, and debris at the January 9, 2018 Page 69 North County Reclamation Facility resulting from Hurricane Irma recovery operations, and Mr. Steve Messner, your Water Division Director, is prepared to make a presentation or respond to questions from the Board. Pleasure of the Board, Mr. Chair. CHAIRMAN SOLIS: Is there any discussion needed? Is there a motion? COMMISSIONER FIALA: Motion to approve the -- let's see -- exemption from the competitive process and the single-source waiver for U.S. Submergent Technologies. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. COMMISSIONER McDANIEL: Wonderful presentation. MR. MESSNER: Thank you very much, Commissioners. CHAIRMAN SOLIS: Good job. Item #12A THE BOARD OF COUNTY COMMISSIONERS TO CONDUCT A SHADE SESSION ON JANUARY 23, 2018 AT A 1:00 P.M. TIME CERTAIN TO DISCUSS THE POTENTIAL SETTLEMENT OF, AND LITIGATION EXPENDITURES IN, THE CASE OF PAR ONE HOMEOWNERS ASSOCIATION, INC. V. ROBERT VOCISANO, ET. AL., CASE NO. 16-CA-0710, NOW PENDING January 9, 2018 Page 70 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA – APPROVED MR. OCHS: Commissioners, that takes us to Item 12A. It's under the County Attorney's report. Mr. Klatzkow. MR. KLATZKOW: Yeah. And this more for the benefit of the public than anything else. There is a golf course, the Golden Gate Golf Course located off Collier Boulevard. That golf course is in the early stages of redeveloping into a residential community. There is a -- litigation was brought by some of the residents on the county. On direction from the Board, we joined that litigation. We're at a point where a settlement agreement was presented to me, and along with the County Manager, we'd like to sit down with the Board and discuss the terms of the settlement agreement as well as continued litigation costs. To do this is a two-step process in Florida. First I have to give notice that we will be having this closed-door session, and then at the next meeting we'll be conducting the closed-door session. This is the notice portion of it, and the lawsuit is Par One Homeowners Association versus Robert Vocisano. The case is pending in the circuit court for Collier County. The closed-door session will be held at the next board meeting, January 23rd, at 1:00 in the commission conference room located in this building. That's it. COMMISSIONER McDANIEL: Question. I have a question. Should we wait til the shade session for questions with regard to -- MR. KLATZKOW: Please. This is just the statutory notice requirement. CHAIRMAN SOLIS: Is there a motion? January 9, 2018 Page 71 COMMISSIONER McDANIEL: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Motion carries. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Mr. Chair, that takes us to staff and commission general communications. I have just one communication. That's a notice and reminder to the Board that on April 3rd you'll have your annual required BCC/CRA workshop at 1 p.m. with both of your CRA advisory boards. That's all I have today. COMMISSIONER TAYLOR: And in relation to that, I wonder if -- it's my understanding, at least from some of the members of the CRA at least on Bayshore, that their -- they have no term limits on those, and I'm wondering if we could get some kind of information just to discuss the validity or not the validity of term limits on these advisory boards. It's my understanding that term limits were extended in perpetuity because they were having a hard time finding people. January 9, 2018 Page 72 MR. KLATZKOW: We used to have term limits on advisory boards and, you're absolutely correct, the Board elected to do away with that because of problems with getting people to serve on the boards. We could revisit that. COMMISSIONER TAYLOR: Okay. Maybe we could have that as a part of discussion. Thank you. MR. OCHS: Well, is that a consensus of the Board and, if so, do you want to apply that generically to all or just to the CRA advisory board? COMMISSIONER FIALA: Say that one more time. MR. OCHS: Well, I think what was asked by the commissioner was does the Board want to consider initiating term limits for at least the CRA advisory board members, and the County Attorney reminded the Board that there had been a policy decision that applied to all of your advisory board appointments. I think you have maybe 30, 35 advisory boards. Do you want to address that at a macro level, or do you just want to deal with it, if at all, as it relates to the CRA advisory boards? I'm just looking for some guidance here. CHAIRMAN SOLIS: Yeah. I think it would be difficult to just do it across the board because there are some -- I'm sure that it's been an issue in the past to get people to serve and some that there's a ton of people that are willing to serve. Maybe we could -- staff could come back and just tell us which ones of these have -- we see as either having had the same members for many, many years, which ones don't have enough members. I don't know. MR. KLATZKOW: Commissioners, almost none of your boards have a plethora of people applying for them. I can tell you that. CHAIRMAN SOLIS: Well -- and that actually brings up the senior advisory board that we just created. January 9, 2018 Page 73 COMMISSIONER TAYLOR: Yeah. CHAIRMAN SOLIS: It's created with nine positions, one from each district, four at large, and we've only had six people apply. MR. OCHS: So far, yes, sir. CHAIRMAN SOLIS: So far, yeah. MR. OCHS: So -- CHAIRMAN SOLIS: What's the pleasure of the Board? COMMISSIONER FIALA: I want to emphasize what you just said, too. One of the biggest problems they've had, like, with the Black Advisory Board, they couldn't get enough people to ever show at a meeting. They would have -- you know, they might have enough people on the board, but nobody ever showed, so then they couldn't meet, they couldn't make any decisions. That becomes a problem. So if you can get willing people who want to serve, you know, feed them cookies and everything to keep them coming, you know. It takes a lot of time for people. How about Immokalee? How do they do with their CRA board? COMMISSIONER McDANIEL: Very well. COMMISSIONER FIALA: Does everybody attend? COMMISSIONER McDANIEL: Yes, ma'am; yes, ma'am. And I think -- and I think, you know, it's also incumbent upon us as commissioners to work with these appointees. I mean, when we have a committee of nine, one from each one of the districts, that's an appointee that you, we need to pick, and then the four at large are voted on amongst us, similar to the productivity committee. I also think that times are changing, as we've seen just in today's meeting. There has been, for lack of probably a better description, not as much credence given to advisory -- citizen advisory committees from the Board of County Commissioners in the past, and the more credence we give, the more relevancy we're going to incentivize and then the participation, I think, that will ultimately come from it. January 9, 2018 Page 74 So I think just our actions are going to speak as loud as anything, and it should be up to staff, necessarily, to come to us. Because we have staff liaisons that are representing to us with regard to the membership and who's coming and who's not and the capacities for the committees to function. In our MPO meeting last year, we were talking about the different PAC and CAC and all of those committees, and the -- and their capacities to function and meet the -- and we made adjustments to the bylaws and to the membership criteria and that sort of thing, and I think we can just do that based upon staff's recommendation. I don't know that we need to go on a macro level and do anything particularly. I think we -- to me it would seem prudent that we just address it on an individual basis as we go. COMMISSIONER TAYLOR: I think the issue that I'm hearing, at least from the public, is that once you're in on these boards, you know, you're kind of the chosen one, and sometimes when you -- COMMISSIONER McDANIEL: There's a movie about that. COMMISSIONER TAYLOR: -- live in the area that you're on the board with, you kind of have privileges that other people may not, and they feel like it's a closed system. So that's the impetus of what I'm bringing forward to see if it's possible maybe, and maybe -- the issue would be is just to address it with the CRAs to initiate with that and have it as a topic of discussion. CHAIRMAN SOLIS: At the workshop? COMMISSIONER TAYLOR: Yes, yes. COMMISSIONER FIALA: You mean at a CRA workshop? COMMISSIONER TAYLOR: Yes, the one in April. CHAIRMAN SOLIS: The joint. COMMISSIONER FIALA: It would be interesting to see what they have to say. MR. OCHS: Okay. So we'll list it on the agenda as a discussion January 9, 2018 Page 75 topic for that workshop. COMMISSIONER TAYLOR: Good. Thank you. MR. OCHS: Very good. Thank you. CHAIRMAN SOLIS: Mr. County Attorney? MR. KLATZKOW: I've said enough today. CHAIRMAN SOLIS: You've said enough today. I think it was a record for you today. Crystal? MS. KINZEL: No. Thank you, Commissioner. CHAIRMAN SOLIS: Okay. Commissioner McDaniel? COMMISSIONER McDANIEL: I'm good, sir. Happy New Year to everybody. COMMISSIONER FIALA: Well, I'd like to offer -- I have two positions that I think it's time for me to step off and somebody else to step in, and one of them is the Florida Association of Counties. I've been going for many, many, many years, and I would think that I would like to step back and just offer that as -- you know, anybody else. By the way, you do a good job up there. And I don't mean to be pushing you or anything but, man, you are really good. And I don't know if anybody else wants to be up there. I'm sure that Burt knows his way all the way around. I don't know about Penny. But I think it would nice if somebody else wanted to do it. And then there's the National Association of Counties, and I serve on the Economic and Environmental Land Use Committee there. And that's -- it's an exciting committee and very, very interesting. But I think it's about time I step back and let somebody else take that position if they would be interested in doing that. So I just wanted to say that at this meeting. COMMISSIONER SAUNDERS: Mr. Chairman, in terms of -- and I don't know if anybody else is interested, but in terms of the FAC January 9, 2018 Page 76 issue, I'd be happy to take the mantel there and work with our lobbyist on behalf of the county. COMMISSIONER McDANIEL: That would be a really good idea. COMMISSIONER TAYLOR: Perfect. CHAIRMAN SOLIS: We don't need a motion for that, do we, or do we? MR. OCHS: No, you don't. And I'll ask Mr. Mullens to, you know, share some information with each of you on the NACo agenda and roles and responsibilities, and you can all then, you know, kind of decide what level of participation, if any, you'd like to pursue there. COMMISSIONER FIALA: It's very interesting up there. I mean, the things that they're discussing, things that you would never even realize, and they're coming from all over the country. I love sitting in on their meetings and everything because you're hearing from different opinions. Like, for instance, drilling for oil and so forth. It's -- each state has a different opinion about how that -- and fracking, some are passionate about doing it and others are passionate about avoiding it. So it's interesting to listen to. CHAIRMAN SOLIS: Well -- and thank you for your years of serving in that role. It was clear, I -- this being my first foray into this area -- it's all about the connections that you make, and certainly, Commissioner Fiala, my experience of it was when we were up there, at least in D.C., was you had a lot of connections, and it was very, very well done. So thank you for all the years of serving in that role. COMMISSIONER FIALA: Thank you. COMMISSIONER SAUNDERS: I'd like to echo that. Obviously, I've spent many years in Tallahassee, and I've seen Commissioner Fiala in action, and she leads the charge, so -- COMMISSIONER FIALA: Oh, thank you. COMMISSIONER SAUNDERS: -- thank you for all that you've January 9, 2018 Page 77 done. COMMISSIONER FIALA: Thank you. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: Nothing. COMMISSIONER SAUNDERS: I don't have anything to add. CHAIRMAN SOLIS: Well, I just want to, again, thank everyone for the trust you've placed in me in electing me chairman. I've got some big shoes to fill. I think last year was -- I think it's a model -- hopefully. I hope that it's a model for how a board like this should function. I think we made some big decisions. We didn't agree on it, but we agreed to disagree in a productive way, and I think -- I look forward to having another very productive year like that. I think we set the bar pretty high last year, and I look forward to maybe even raising that a little bit this coming year. So thank you very much. And, you know, the interesting thing is, too, I'd like to say is the Leadership Collier Foundation has a program. And I don't know if you've heard about this, but they've started this civility in public discourse series which I think is fascinating in this day and age, and so -- COMMISSIONER McDANIEL: It's about time. CHAIRMAN SOLIS: Yeah, right. COMMISSIONER McDANIEL: You know, I mean, we're a body of five. There's a reason that this isn't a dictatorship, the decisions are made by committee. We don't have to agree. We don't have to -- but there's no -- it doesn't mean I don't love you just because we don't necessarily concur on every decision, and that's -- that's past time to be due in our society. The divisiveness that's been created by theoretical disagreements is -- it's astounding to me. It's been exemplified in the media on a regular basis, and it's past time for that to go away. COMMISSIONER FIALA: And I'll jump in and also say, I go to January 9, 2018 Page 78 a lot of stuff, as you well know, and no matter where I go people will always stop me, just want to sit next to me or stop me in the grocery store even to say, oh, it's so much nicer listening to the Board now. Everybody respects one another. You talk so kindly to each other. I hear that over and over. In fact, a couple people say, I'm starting to watch it again now that -- it's a different atmosphere. So that's to all of you. COMMISSIONER SAUNDERS: Mr. Chairman, there was a -- (A cell phone rang.) COMMISSIONER SAUNDERS: I thought it was Christmastime all over again for a second there. There was a recent editorial in the Naples Daily News complimenting the County Commission and other entities as well for the civility that's taking place, and there's some folks that will say, you know, civility isn't important. What's important is fighting the battle and getting your way as an individual on a Board. And there's -- you know, there's some truth to the fact that you should promote your positions and fight hard for what you think of, but that doesn't mean you can't be civil about the way you do it. And so, you know, you win some, you lose some, and I think this board has been extremely good at accepting the fact that sometimes we have a 3-2 vote on some issues that are important -- COMMISSIONER McDANIEL: 4-1. COMMISSIONER SAUNDERS: -- to folks -- 4-1. And there's never been any personalities brought into the equation. I don't see that changing. I think this board is going to operate in the best interest of the citizens of Collier County in a very civil way but, at the same time, we're going to each advocate for our positions. And so I think that's -- I think the Naples Daily News has recognized that times have changed with this commission. This morning with Clerk Brock here and the issues that we were January 9, 2018 Page 79 dealing with, a couple years ago we would not have had that resolution. So I think it's testament to all of us, to everyone on this board, that we're working together, and we're all on the same team -- we're working for the benefit of the taxpayers of Collier County -- though we may have differences of opinion. So I think that's a good thing. CHAIRMAN SOLIS: We're supposed to disagree. That's how the sausage is made, right? Well, I look forward to a good and productive 2018, so thank you, and Happy New Year. MR. OCHS: Motion to adjourn? CHAIRMAN SOLIS: Motion to adjourn. We're adjourned. **** Commissioner Taylor moved that the following items under the Consent and Summary Agendas be approved and/or a dopted (Commissioner Solis abstained from voting on Item #16A4 and Item #16C4) **** Item #16A1 RECORDING THE MINOR FINAL PLAT OF RESTAURANT ROW REPLAT, APPLICATION NUMBER PL20170001872 – LOCATED AT THE CORNER OF TAMIAMI TRAIL EAST AND COLLIER BOULEVARD Item #16A2 RECORDING THE AMENDED FINAL PLAT OF BENT CREEK PRESERVE, PHASE 2B (APPLICATION NUMBER PL20170002778) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND January 9, 2018 Page 80 APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY – LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, WEST OF WOODCREST DRIVE Item #16A3 RECORDING THE MINOR FINAL PLAT OF ARROWHEAD RESERVE COMMERCIAL, APPLICATION NUMBER PL20170001890 – LOCATED OFF OF LAKE TRAFFORD ROAD IN IMMOKALEE Item #16A4 – Commissioner Solis abstained from voting (During Agenda Changes) RESOLUTION 2018-01: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE FINAL PLAT OF CARRARA AT TALIS PARK, APPLICATION NUMBER PL20140000712; AND THE RELEASE OF THE MAINTENANCE SECURITY Item #16A5 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER AND SEWER UTILITY FACILITIES FOR ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES, PARCEL F, PL20150002916 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 – LOCATED SOUTH OF THE January 9, 2018 Page 81 LEE/COLLIER COUNTY LINE ON COLLIER BLVD Item #16A6 AN EXTENSION FOR COMPLETION AND ACCEPTANCE OF SUBDIVISION IMPROVEMENTS ASSOCIATED WITH THE ARROWHEAD RESERVE AT LAKE TRAFFORD - BLOCK ‘B’ (AR-8686) – EXTENDING THE COMPLETION DATE TO APRIL 13, 2019 Item #16A7 THE RELEASE OF CODE ENFORCEMENT LIENS WITH AN ACCRUED VALUE OF $136,280.86 FOR PAYMENT OF $41,080.86 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. DAVID H. SCHAARE, JR., CODE ENFORCEMENT BOARD CASE NO. CESD20110006351 RELATING TO PROPERTY LOCATED AT 520 2ND ST NE, COLLIER COUNTY, FLORIDA – VIOLATIONS FOR A BARN TYPE STRUCTURE AND A SHED BUILT WITHOUT THE PROPER PERMITS AND WAS BROUGHT INTO COMPLIANCE BY THE NEW OWNER ON FEBRUARY 17, 2016 Item #16A8 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $44,713.95 FOR PAYMENT OF $613.95 IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF COUNTY COMMISSIONERS V. HUNTER RENTAL LLC, CODE ENFORCEMENT BOARD CASE NO. CESD20140007858 RELATING TO PROPERTY LOCATED AT 5261 HUNTER January 9, 2018 Page 82 BLVD, COLLIER COUNTY, FLORIDA – VIOLATIONS CONSISTING OF CONSTRUCTED PIGEON COOPS WITHOUT OBTAINING A VALID COLLIER COUNTY PERMIT AND BROUGHT INTO COMPLIANCE ON DECEMBER 8, 2015 Item #16A9 ACCEPTANCE OF THE CONVEYANCE OF TWO DRAINAGE ACCESS AND MAINTENANCE EASEMENTS FOR THE SR-29 DRAINAGE CANAL. FISCAL IMPACT: $55.40 – REGARDING FOLIO #00231680008, #00139771103, #00139640001 AND #00137520000 Item #16A10 APPROVAL OF A CAPITAL IMPROVEMENT PROJECT IN THE AMOUNT OF $114,208, FOR THE INSTALLATION OF TWO (2) BEACH TRACTOR SHELTERS TO BE INSTALLED AT THE TIGERTAIL BEACH PARK AND THE VANDERBILT BEACH PARKING GARAGE TO FACILITATE ADEQUATE EQUIPMENT PROTECTION AND EQUIPMENT CLEANING OPERATIONS TO PROLONG USEFUL OPERATIONAL LIFE OF BEACH CLEANING EQUIPMENT AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM Item #16A11 A COLLIER COUNTY LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND RACETRAC PETROLEUM, INC. FOR LANDSCAPE IMPROVEMENTS WITHIN THE IMMOKALEE ROAD RIGHT- January 9, 2018 Page 83 OF-WAY Item #16A12 AN EASEMENT AGREEMENT FOR THE PURCHASE OF A ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY EASEMENT (PARCEL 471RDUE) WHICH WILL BE REQUIRED FOR THE EXPANSION OF GOLDEN GATE BOULEVARD BETWEEN EVERGLADES BOULEVARD AND DESOTO BOULEVARD (PROJECT #60145). ESTIMATED FISCAL IMPACT: $14,700 – FOR A PORTION OF FOLIO #40870440009 Item #16A13 APPROVAL OF A PROPOSAL DATED DECEMBER 5, 2017 FROM HUMISTON & MOORE ENGINEERS FOR COLLIER COUNTY BEACHES AND INLETS ANNUAL MONITORING FOR 2018 UNDER CONTRACT NO. 15-6382, AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE THE WORK ORDER FOR A NOT TO EXCEED AMOUNT OF $99,000 AND MAKES A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM - RESULTS OF THIS REPORT ARE USED TO EVALUATE, RECOMMEND AND PRIORITIZE ANNUAL BEACH SEGMENT RENOURISHMENT Item #16A14 PROVIDING AFTER-THE-FACT APPROVAL FOR THE SUBMITTAL OF A RESTORE ACT DIRECT COMPONENT GRANT APPLICATION TO THE US DEPARTMENT OF TREASURY FOR THE PRELIMINARY DEVELOPMENT AND January 9, 2018 Page 84 DESIGN OF THE COLLIER COUNTY COMPREHENSIVE WATERSHED IMPROVEMENT PLAN IN THE AMOUNT OF $1,532,077.76 – THE GRANT APPLICATION CYCLE OPENED IN JULY 2017, COLLIER COUNTY WAS NOT ABLE TO APPLY UNTIL AFTER THE MYIP WAS APPROVED ON NOVEMBER 29, 2017 Item #16A15 CHANGE ORDER NO. 1 TO WORK ORDER #4500177711 IN THE AMOUNT OF $53,984, TO PROVIDE AN ADDITIONAL 95 DAYS OF INSPECTION SERVICES WITH AECOM, INC. FOR THE HALDEMAN CREEK WEIR (PROJECT NO. 60103) – ADDITIONAL TIME NEEDED DUE TO ABOVE AVERAGE RAINFALL THIS SUMMER, INCLUDING HURRICANE IRMA Item #16A16 AUTHORIZING THE CHAIR TO EXECUTE CONTRACT NUMBER 16-7011, “PROFESSIONAL DESIGN AND RELATED SERVICES FOR PALM RIVER BOULEVARD OVER PALM RIVER CANAL BRIDGE REPLACEMENT PROJECT #66066 (BRIDGE NUMBER 034046)” IN THE AMOUNT OF $560,680 WITH CH2M HILL ENGINEERS, INC. AND AUTHORIZE THE NECESSARY BUDGET AMENDMENT – THE BRIDGE IS DIRECT ACCESS FOR 464 HOMES IN THE AREA Item #16B1 AWARD RFP #17-7050 BAYSHORE GATEWAY TRIANGLE CRA REDEVELOPMENT PLAN UPDATE TO TOA DESIGN January 9, 2018 Page 85 GROUP, LLC IN THE AMOUNT OF $142,730 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE CONTRACT - THE VISION FOR THE AREA HAS EVOLVED OVER TIME AND THERE IS A NEED TO UPDATE THE 2000 PLAN TO REFLECT ON THE CURRENT CONDITIONS AND IDENTIFY STRATEGIES TO CONTINUE TO REDEVELOP THE AREA Item #16B2 RECOMMENDING THAT THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB ) DECLINE THE CDBG GRANT AWARD OF $143,399 TO PARTIALLY FUND THE SUGDEN REGIONAL PARK PATHWAY – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16B3 A COMMERCIAL BUILDING IMPROVEMENT GRANT AGREEMENT IN THE AMOUNT OF $5,286.45 FOR PROPERTY LOCATED AT 3275 BAYSHORE DR. AND WITHIN THE BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AREA – IMPROVEMENTS TO THE EXTERIOR OF THE REAL MACAW RESTAURANT Item #16C1 A CERTIFICATION OF FINANCIAL RESPONSIBILITY, AS REQUIRED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR THE RENEWAL OF January 9, 2018 Page 86 AN OPERATING PERMIT FOR THE DEEP INJECTION WELL SYSTEM AT COLLIER COUNTY’S SOUTH COUNTY WATER RECLAMATION FACILITY Item #16C2 AN AGREEMENT TO COMPENSATE CONTRACTOR WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (“DEP”) RELATED TO ITS CONTRACT GC-690 WITH COLLIER COUNTY, THEREBY FACILITATING THE DEP TO COMPLETE PAYMENT OF A PREVIOUS $25,000 OFFER RELATED TO THE PURCHASE OF A REPLACEMENT COUNTY VEHICLE Item #16C3 APPROVAL OF THE FIRST AMENDMENT TO THE UTILITY SYSTEM TRANSITION AGREEMENT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AS THE GOVERNING BOARD OF COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, AND THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY TO DELETE AND REPLACE SECTION 3.03. (D) ACCOUNTS RECEIVABLE; CUSTOMER DEPOSITS - REMOVING THE OBLIGATION ON THE COLLIER COUNTY WATER-SEWER DISTRICT (CCWSD) TO RETURN CUSTOMER DEPOSITS HELD BY THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY (FGUA) FOR THE GOLDEN GATE SYSTEM AND PLACE THAT OBLIGATION WITH FGUA Item #16C4 - Commissioner Solis abstained from voting (During January 9, 2018 Page 87 Agenda Changes) AN INCREASE OF $250,000 TO THE PURCHASE ORDER FOR BIOXIDE PLUS 71, AKTIVOX AND VX456 FROM EVOQUA WATER TECHNOLOGIES LLC FOR USE BY THE PUBLIC UTILITIES DEPARTMENT WASTEWATER DIVISION - TO MINIMIZE DISSOLVED SULFIDES CREATED IN THE COLLECTIONS SYSTEM AND ASSISTS WITH OTHER ODORS ASSOCIATED WITH SEWAGE PROCESSING Item #16D1 ACCEPTANCE OF A DONATION FROM THE FRIENDS OF THE COLLIER COUNTY MUSEUM OF GIFT SHOP INVENTORY VALUED AT $8,180.95 AND ALLOW THE FRIENDS TO RESUME COLLECTION OF THE DONATION BOX REVENUES AT MUSEUM LOCATIONS Item #16D2 A LEASE AGREEMENT WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR THE CONTINUED USE OF PROPERTY AT EDEN PARK AND PALMETTO ELEMENTARY SCHOOLS – THE COUNTY HAS DEVELOPED RECREATIONAL AREAS TO ACCOMMODATE A BASEBALL FIELD, SOCCER FIELD AND BASKETBALL COURT Item #16D3 APPROVAL OF FACILITY USE AGREEMENTS BETWEEN COLLIER COUNTY PUBLIC LIBRARY AND COLLIER January 9, 2018 Page 88 COUNTY SUPERVISOR OF ELECTIONS FOR USE OF THE SOUTH REGIONAL LIBRARY AND THE HEADQUARTERS LIBRARY AS POLLING PRECINCTS – FOR ELECTION DAY POLLING PLACES FOR THE 2018 PRIMARY AND GENERAL ELECTIONS Item #16D4 AN AMENDMENT TO FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) YOUTH HUNT AGREEMENT NO. 17081 TO ALLOW A YOUTH HOG HUNT FOR COLLIER COUNTY RESIDENTS AT PEPPER RANCH PRESERVE IN APRIL 2018 – TO BE HELD APRIL 6TH THROUGH 8TH Item #16D5 MEMORANDA OF UNDERSTANDING WITH THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD, INC. FOR THE DELIVERY OF THE 21ST CENTURY COMMUNITY LEARNING CENTERS SWIMMING SKILLS AND DROWNING PREVENTION “MIRACLE” PROGRAM IN IMMOKALEE – CAMPS HELD MARCH 12-15, APRIL 28, JUNE 4-7 AND JUNE 11-14 AT THE IMMOKALEE SPORTS COMPLEX Item #16D6 RECOGNIZING FY2017/2018 FEDERAL TRANSIT ADMINISTRATION SECTION 5311 REVENUE IN THE AMOUNT OF $404,525 AWARDED TO COLLIER AREA January 9, 2018 Page 89 TRANSIT (CAT) TO PROVIDE ACCESS TO TRANSPORTATION FOR THE RURAL AREAS OF THE COUNTY AND AUTHORIZING ALL NECESSARY BUDGET AMENDMENTS – FUNDING FROM FDOT UNDER CONTRACT #G0738 Item #16D7 APPROVAL OF THE ELECTRONIC SUBMITTAL OF A PROJECT APPLICATION FOR FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) AQUATIC HABITAT RESTORATION/ENHANCEMENT SECTION (AHRES) FUNDING FOR THE HYDROLOGIC MODELING OF PEPPER RANCH PRESERVE – LOCATED NORTH AND WEST OF LAKE TRAFFORD ROAD IN IMMOKALEE Item #16D8 RECOGNIZING CARRY FORWARD INTEREST EARNED FROM THE PERIOD OF JULY THROUGH SEPTEMBER 2017 ON ADVANCED LIBRARY FUNDING RECEIVED FROM THE FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY SERVICES AND EQUIPMENT FOR THE USE OF COLLIER COUNTY RESIDENTS IN THE AMOUNT OF $1,585.04 Item #16D9 APPROVAL OF TEN (10) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE COMBINED AMOUNT OF $118,695.73 – PROPERTY LOCATED AT 606 CLIFTON STREET, January 9, 2018 Page 90 2756 47TH STREET SW, 5223 COLLINS STREET, 5741 GAGE LANE #201, 1940 50TH STREET SW, 12096 SITTERLEY STREET, 402 ROSE AVENUE (2), 4232 18TH PLACE SW, 2421 20TH AVENUE NE Item #16D10 APPROVAL OF 14 RELEASE OF LIENS WITH A COMBINED AMOUNT OF $85,776.18 FOR SINGLE-FAMILY OWNER- OCCUPIED PROPERTIES THAT HAVE REMAINED AFFORDABLE FOR THE REQUIRED 15-YEAR PERIOD SET FORTH IN THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) IMPACT FEE PROGRAM DEFERRAL AGREEMENTS – FOR FOLIO #40920560004, #40474960008, #40351120000, #39952680002, #63912680005, #56404240009, #62152680002, #62098080009, #62150600000, #62097560009, #62150460004, #62259120009, #62156960003 AND #62100440003 Item #16D11 A GRANT AWARD FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) IN THE AMOUNT OF $3,675 FOR THE PURCHASE AND DELIVERY OF THREE (3) BEARSAVER TRASH RECEPTACLES FOR THREE (3) COLLIER COUNTY PARK SITES LOCATED IN IMMOKALEE AND AUTHORIZE ANY NECESSARY BUDGET AMENDMENTS Item #16D12 AN FY17-18 FEDERAL TRANSIT ADMINISTRATION (FTA) January 9, 2018 Page 91 SECTION 5310 GRANT AWARD IN THE AMOUNT OF $345,921, AUTHORIZING THE NECESSARY BUDGET AMENDMENTS, AND APPROVE THE PURCHASE OF THREE (3) PARATRANSIT VEHICLES AND RADIOS USING THOSE FUNDS Item #16E1 AWARD INVITATION TO BID (ITB) #17-7173 “2018 COMPUTER SUPPLIER FOR COLLIER COUNTY” TO STAPLES CONTRACT & COMMERCIAL, INC. AND COMPUTERS AT WORK! INC. D/B/A VTECHIO Item #16E2 THE ADDITION OF ONE (1) CLASSIFICATION TO THE 2018 FISCAL YEAR PAY & CLASSIFICATION PLAN MADE FROM OCTOBER 1, 2017 THROUGH DECEMBER 31, 2017 – FOR THE ADDITION OF A NEW SITE PLAN REVIEWER Item #16E3 AUTHORIZING THE COLLIER COUNTY EMS CHIEF AND EMS FLIGHT PROGRAM MANAGER TO SIGN THE ACCESS AND CONFIDENTIALITY AGREEMENT TO OBTAIN ACCESS TO PATIENT OUTCOMES FROM LEE MEMORIAL HOSPITAL UTILIZING THE EPIC SOFTWARE SYSTEM – FOR TRAINING AND SYSTEM IMPROVEMENT Item #16E4 January 9, 2018 Page 92 RESOLUTION 2018-02: DECLARING A PUBLIC PURPOSE FOR COLLIER COUNTY EMS DIVISION TO ACCEPT UNSOLICITED DONATIONS FROM MEMBERS OF THE PUBLIC PROVIDED IN APPRECIATION FOR COUNTY EMS SERVICES Item #16E5 WAIVING COMPETITION AND APPROVING DOBBS EQUIPMENT, LLC, AS A SINGLE SOURCE VENDOR FOR FLEET PARTS, REPAIRS, AND SERVICES FOR JOHN DEERE, HITACHI, AND BOMAG HEAVY EQUIPMENT FOR THE PERIOD FY 2018 THROUGH FY 2022 Item #16E6 APPROVAL OF THE ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT - REVENUE FROM THE SALE OF NON- ASSET SURPLUS EQUIPMENT WAS $922.20 AND THE COUNTY RECEIVED TRADE-IN VALUE OF $19,300 FOR NEW EQUIPMENT Item #16E7 THE ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL – REPORT INCLUDES EIGHT (8) CHANGE ORDERS TO CONTRACTS, ZERO (0) AMENDMENTS January 9, 2018 Page 93 AND TWO (2) AFTER-THE-FACT MEMOS Item #16E8 ACCEPTING THE DEPARTMENT OF HOMELAND SECURITY (DHS) FEDERALLY-FUNDED SUB-GRANT AGREEMENT #18- DS-XX-09-21-01-XXX IN THE AMOUNT OF $27,305 FOR ALL HAZARDS INCIDENT TRAINING AND APPROVE THE ASSOCIATED BUDGET AMENDMENT – EMERGENCY MANAGEMENT TRAINING GEARED TO PROVIDE COLLIER COUNTY NATIONALLY-ACCEPTED INCIDENT MANAGEMENT CONCEPTS AND STRATEGIES RELATED TO MANAGING MAJOR INCIDENTS SUCH AS HURRICANES, WILDFIRES, AND ANY OTHER HAZARDS THAT MAY OCCUR Item #16E9 THE COUNTY MANAGER TO EXECUTE A FEDERALLY- FUNDED SUB-AWARD AND GRANT AGREEMENT THROUGH THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT (FDEM) AND SUBSEQUENT AMENDMENTS FOR REIMBURSEMENT OF EXPENDITURES ASSOCIATED WITH PREPARATION, RESPONSE AND RECOVERY FROM HURRICANE IRMA Item #16F1 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY – January 9, 2018 Page 94 BUDGET AMENDMENT #18-177 FOR PAYMENT EXECUTION OF A PERPETUAL CONSERVATION EASEMENT WITH THE CONSERVATION FOUNDATION OF THE GULF COAST Item #16F2 RESOLUTION 2018-03: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2017-18 ADOPTED BUDGET Item #16F3 TRANSFERING THE BALANCE OF $15,500 OF THE BCC APPROVED $125,000 FUNDING COMMITMENT IN SUPPORT OF THE NAPLES IS ROCKIN’ CONCERT EVENT THAT TOOK PLACE ON DECEMBER 9, 2017 TO THE COMMUNITY FOUNDATION OF COLLIER COUNTY, AMEND THE MEMORANDUM OF UNDERSTANDING WITH THE COMMUNITY FOUNDATION, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM – REMAINING REVENUE WITH BE DISTRIBUTED BY THE COMMUNITY FOUNDATION AND THE UNITED WAY TO COVER STILL UNMET NEEDS DUE TO HURRICANE IRMA Item #16F4 APPROVAL OF ADDITIONAL FY 2018 BUDGET AMENDMENTS COVERING POST HURRICANE IRMA CLEAN UP AND RECOVERY FOR DEBRIS REMOVAL – COVERING THE DEBRIS REMOVAL MISSION, REPAIRS TO STORM- January 9, 2018 Page 95 WATER SYSTEM, WASTEWATER SYSTEM REPAIRS/EQUIPMENT, PARK SYSTEM REPAIRS/EQUIPMENT AND GENERAL GOVERNMENTAL FACILITY REPAIRS Item #16G1 AN ASSUMPTION AGREEMENT AND SECOND AMENDMENT TO A COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND CAREER AVIATION FLIGHT TRAINING AND AIRCRAFT RENTAL, HOLDING, LLC, RELATING TO OPERATIONS AT THE MARCO ISLAND EXECUTIVE AIRPORT Item #16H1 DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE MAKING IT UNLAWFUL TO KNOWINGLY HIRE AN UNLICENSED CONTRACTOR Item #16H2 DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AN ORDINANCE REGULATING THE HARVESTING OF PALMETTO BERRIES AND OTHER NATURAL RESOURCES Item #16H3 PROCLAMATION RECOGNIZING U.S. COAST GUARD AUXILIARY FLOTILLA 95, MARCO ISLAND, FOR 50 YEARS OF MAKING COLLIER COUNTY SAFER FOR BOATERS AND January 9, 2018 Page 96 FOR ITS COMMITMENT TO ITS MISSION FOR THE NEXT 50 YEARS. THIS PROCLAMATION WILL BE PRESENTED BY COMMISSIONER FIALA TO FLOTILLA 95 AT ITS 50 ANNIVERSARY/CHANGE OF WATCH CELEBRATION ON JANUARY 13, 2018 – ADOPTED Item #16I BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE JANUARY 9, 2018 January 9, 2018 Page 97 Item #16J1 AN AGREEMENT AUTHORIZING THE COLLIER COUNTY SUPERVISOR OF ELECTIONS TO ACCEPT FEDERAL ELECTION ACTIVITIES FUNDS WITH A 15% MATCHING CONTRIBUTION AND AUTHORIZING THE BOARD OF COLLIER COUNTY COMMISSIONER’S CHAIR TO SIGN THE CERTIFICATE REGARDING MATCHING FUNDS AND CERTIFICATE OF EQUIPMENT FOR CASTING AND COUNTING BALLOTS – FISCAL IMPACT OF $4,679.29 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 NOVEMBER 30 AND DECEMBER 27, 2017 PURSUANT TO FLORIDA STATUTE 136.06 Item #16J3 REQUEST THAT THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF JANUARY 3, 2018 Item #16J4 SEEKING RATIFICATION OF PROPOSED SETTLEMENT January 9, 2018 Page 98 AGREEMENT AND FULL AND FINAL MUTUAL GENERAL RELEASE BETWEEN THE COUNTY AND SOUTHERN SANITATION IN THE AMOUNT OF $2,546,110 FOR TWO INVOICES ORIGINALLY BILLED AT $2,817,900 WHICH IS A $271,790 (9.6%) REDUCTION – FOR ADDITIONAL SEWAGE SERVICES DURING HURRICANE IRMA Item #16K1 AUTHORIZING THE COUNTY ATTORNEY TO RETAIN JAMES L. NULMAN, ESQ. OF NULMAN MEDIATION SERVICES AS NEEDED FOR GENERAL LITIGATION CASES INVOLVING COLLIER COUNTY – FEE SCHEDULE IS INCLUDED IN THE EXECUTIVE SUMMARY Item #16K2 A THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES RELATING TO A RETENTION AGREEMENT WITH ALLEN, NORTON & BLUE, P.A., EXTENDING THE EXPIRATION DATE TO FEBRUARY 26, 2021 AND INCREASING THE HOURLY RATE FOR PARTNERS AND ASSOCIATES BY $10.00 Item #16K3 RESOLUTION 2018-04: DECLARING A VACANCY ON THE ANIMAL SERVICES ADVISORY BOARD – DUE TO A MEMBER’S FOUR UNEXCUSED ABSENCES Item #16K4 January 9, 2018 Page 99 RESOLUTION 2018-05: RE-APPOINTING CLAY C. BROOKER, CHRIS MITCHELL AND JAMES E. BOUGHTON TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE WITH TERMS EXPIRING DECEMBER 14, 2021 Item #16K5 RESOLUTION 2018-06: RE-APPOINTING ERNEST BRETZMANN AND APPOINTING CECILIA ZENTI TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD WITH TERMS EXPIRING DECEMBER 31, 2020 Item #16K6 RESOLUTION 2018-07: APPOINTING HARRY WILSON TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE WITH TERM EXPIRING MARCH 3, 2021 Item #16K7 A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF $5,500 AS FULL COMPENSATION FOR THE TAKING OF PARCEL 433RDUE IN THE CASE STYLED COLLIER COUNTY V. ANGEL CRESPO, ET AL., CASE NO. 17-CA-1386, REQUIRED FOR IMPROVEMENTS TO GOLDEN GATE BOULEVARD (PROJECT NO. 60145). (FISCAL IMPACT: $1,170) – FOR ROAD WIDENING FROM EAST OF EVERGLADES BLVD TO THE FAKA UNION CANAL Item #17A January 9, 2018 Page 100 RESOLUTION 2018-08: AMENDMENTS (APPROPRIATING CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL REVENUE) TO THE FISCAL YEAR 2017-18 ADOPTED BUDGET ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:26 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ______________________________ ANDY SOLIS, CHAIRMAN ATTEST DWIGHT E. BROCK, CLERK _______________________________ These minutes approved by the Board on ______________________, as presented ____________ or as corrected ____________.