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Agenda 06/12/2018 Item # 2B06/12/2018 COLLIER COUNTY Board of County Commissioners Item Number: 2.B Item Summary: May 8, 2018 BCC Meeting Minutes Meeting Date: 06/12/2018 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 05/31/2018 11:26 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 05/31/2018 11:26 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 05/31/2018 11:27 AM Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM 2.B Packet Pg. 15 May 8, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, May 8, 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: Andy 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 May 8, 2018 Page 2 MR. OCHS: Ladies and gentlemen, please take your seats. Mr. Chairman, you have a live mike. CHAIRMAN SOLIS: Good morning and welcome to the May meeting of the Collier County Commission. We'll start today's agenda with the invocation and the pledge. The invocation will be given by Reverend Dawson Taylor of the Naples United Church of Christ. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE – GIVEN BY COUNTY MANAGER LEO OCHS MR. OCHS: Mr. Chairman, I don't think the reverend is here so, if you don't mind, I'll just -- CHAIRMAN SOLIS: Please. MR. OCHS: Heavenly father, we ask your blessings on these proceedings and all who are gathered here. We ask this, a special blessing, on this Board of County Commissioners, guide them in their deliberations, grant them wisdom and vision to meet the trials of this day and the days to come. Bless us now as we undertake the business of Collier County and its citizens; that our actions will serve the greater good of all citizens and be accepted in your sight. These things we pray in your name. Amen. CHAIRMAN SOLIS: Commissioner Saunders, would you lead us in the pledge. (The Pledge of Allegiance was recited in unison.) Item #2A APPROVAL OF TODAY'S REGULAR, CONSENT AND May 8, 2018 Page 3 SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) - APPROVED AND/OR ADOPTED W/CHANGES (COMMISSIONER SOLIS ABSTAINED FROM ITEMS #16A4, #16A5, #16A7 AND #16F5) ITEM #17A – MOTION TO RECONSIDER BY COMMISSIONER SOLIS APPROVED MR. OCHS: Good morning, Mr. Chairman, Commissioners. These are the proposed agenda changes for the Board of County Commissioners meeting of May 8th, 2018. I'm pleased to report, Commissioners, I only have one agenda note, no movement at this point on the agenda, and that note is regarding Item 16F6 on your consent agenda. The note is to just specify that the effective date of the position title change referenced in the executive summary is February 1st, 2018. That clarification is made at the staff's request. That's all I have, sir. CHAIRMAN SOLIS: Thank you. Any changes, comments, disclosures -- COMMISSIONER McDANIEL: No changes. CHAIRMAN SOLIS: -- on the consent? COMMISSIONER McDANIEL: No ex parte. COMMISSIONER FIALA: No changes, no corrections, no ex parte, no nothing. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: The same with me; no changes, no ex parte. COMMISSIONER McDANIEL: Grab the mike, Commissioner Taylor. There you go. COMMISSIONER TAYLOR: No changes, no ex parte. May 8, 2018 Page 4 COMMISSIONER SAUNDERS: No changes and no ex parte as well. MR. OCHS: Commissioner Saunders; I'm sorry, sir. Did you want to get some clarification on those two code -- COMMISSIONER SAUNDERS: Actually, I'm glad you mentioned that. 16A16 and 16A17, those are code enforcement lien waivers, and the numbers there are fairly dramatic in terms of the amount of the reduction in the liens. And the County Manager and I were discussing that yesterday. I had indicated I was kind of curious as to why there would be such a great reduction. And if you've got a little of an explanation -- I don't want to take it off the consent agenda, but thank you for mentioning that. MR. OCHS: Yes, sir. I'll ask Mr. Ossorio to step forward. He can go through the policy that guides those calculations, sir, very quickly. COMMISSIONER SAUNDERS: As he's getting ready to discuss that, the amounts of the reductions, one of the liens was $136,000, and that's reduced to 2,000, and another lien was $83,000, and that's reduced to $750, and that's what kind of jumped out at me. MR. OCHS: Sure. MR. OSSORIO: Sure. For the record, Michael Ossorio, director of Code Enforcement. There's a resolution, 2012-46, that sets the stage for how we actually look at reduction of waiver of fines. And, Leo, if you can turn to Page No. 2, I'll just go ahead and just read you a caption. "It is the intent and the purpose of the county to adopt a resolution to set forth in a policy," and then if you go to No. 3 for me, Leo. MR. OCHS: Page 3. MR. OSSORIO: Please. Thank you. "The director of Code Enforcement Department may recommend May 8, 2018 Page 5 settlement of code enforcement liens upon consideration of specific criteria." And just to let you know that since I've been the director, we have what you call a settlement -- or committee, we meet monthly, and we actually review all the criteria that's set under 4.1. And it's actually Section A, which is fines, amount fixed, no longer accruing, periodic basis. That means there's weeds over 18 inches. Identified violations been resulted (sic), the history of the violation, and the new ownership. Ninety percent, what you see in front of you, are new ownerships, so they take the investment of buying the piece of property, distressed property, foreclosure property, a lien from the county, and they will either fix the code violation, abate the issues, permitting some of them. I think there's one case which you have in front of you today is a permitting violation that the homeowner bought a duplex but, unfortunately, it was a single-family home, and it took a substantial amount of money and time and effort to get this single-family home back into compliance. So this homeowner, you know, came to us. We have a committee. They sit with us, and we go over the history of the case. And if it is a hardship or it meets the criteria -- we try to not look at it as a money-making machine but more of an amenity for people to get in compliance. So the 450, the 8,000, they have to make an offer. But over the course of many years, since 2012 previous directors have basically said, if they meet the criteria of 4.1 and they go through our committee and we do a recommendation to the Board -- it's just the 450 is our hard costs of what it takes us to get to the Board through the executive summary. With that said, we have tightened up our reins, and this is why in the last couple years -- I think Commissioner Fiala will probably tell you that we used to have 12 to 15 waiver of fines every two weeks, and now we're down to two to three. So it's not a guarantee that these May 8, 2018 Page 6 applicants will meet the criteria of 4.1. We look at the history. We have a robust committee. And the committee's made up of myself, the operations manager, a senior supervisor, and also our lead investigator who reviews the case to make sure it meets the criteria. So once it meets the criteria -- and the money's really not a issue, a money grabber for us, because we're looking for compliance. We have to look towards what our core value is in Code Enforcement. And I'll just give you a quick, and -- unfortunately, I don't have it in front of me, but our core values and code is educate, promote, reach out, and provide great customer service to our internal and external customers. That doesn't mean that I'm not going to foreclosure on your property; that doesn't mean that I'm not going to talk to the County Attorney's Office to see it if meets the criteria that we need. But those are the guidelines under the resolution that we live by on a monthly basis, Commissioner. COMMISSIONER SAUNDERS: Mr. Chairman, thank you for the opportunity to have this discussion just real quickly. I'll just raise a question and then a quick comment. On some of these new acquisitions, I would assume that the purchase price may be affected by the fact that there's a lien, and so we don't want to be in a position where a would-be purchaser gets a benefit, if you understand what I'm saying. And if there's a purchase price of $500,000 and there's a $200,000 lien on the property, if that purchase price is reduced by that amount of lien and then we waive the lien, then there's a little bit of an extra benefit. So I'll just throw that out there as something to consider. And then in terms of -- I agree that compliance is really the goal. And during our budget hearings I just want to make sure that we're fully staffed and are able to respond to requests for Code Enforcement. MR. OCHS: Yes, sir. COMMISSIONER SAUNDERS: Anyway, thank you for that May 8, 2018 Page 7 explanation. MR. OSSORIO: Thank you. COMMISSIONER FIALA: May I ask a question, as long as we're -- but what you do get from them -- oh, excuse me. What you do get from them covers your expense, right? MR. OSSORIO: Of course. Any taxpayer money spent gets recouped, and that's not part of the settlement. So any kind of hard cost, any kind of percentage, any kind of vendor, any kind of demolition we do gets paid up front so -- and, for the most part, if there's a lien on the property, there's a lot of bank lenders who don't choose, so this is a cash offer. And it's up to the person buying it, is beware that there are liens, and sometimes they don't meet the criteria. And so, it's buyer beware, and I recommend everyone do a lien search. And this is why, in the last six months, our lien searches in code has gone up from 500 to about 1,200 per month. So that tells us that the economy's moving, it tells us that the people are buying homes, and they're actually doing their due job and making sure that there's no liens that are encumbered on the property, so... MR. OCHS: Thanks. MR. OSSORIO: Yep. CHAIRMAN SOLIS: On the consent agenda, I don't have any ex parte to disclose. I do have a couple conflicts: 16A4, 16A5, 16A7, and 16F5 I will abstain from voting on. Those are clients of the firm. So I will be not voting on those matters. Other than that, is there a motion to approve? COMMISSIONER FIALA: Motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. May 8, 2018 Page 8 COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: It's approved. May 8, 2018 Page 9 Item #2B APRIL 10, 2018 BCC MEETING MINUTES - APPROVED AS PRESENTED MR. OCHS: Mr. Chairman, Item 2B is approval of the BCC meeting minutes of April 10, 2018. COMMISSIONER FIALA: Motion to approve. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: Motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: Minutes are approved. Item #3D1 RECOMMENDATION TO RECOGNIZE MARCUS BERMAN, COUNTY SURVEYOR, GROWTH MANAGEMENT DEPARTMENT AS THE APRIL 2018 EMPLOYEE OF THE MONTH – PRESENTED MR. OCHS: Commissioners, that takes us to Item 3D1 on this morning's agenda. This is a recommendation to recognize Marcus Berman, county surveyor from the Growth Management Department, as your April 2018 employee of the month. May 8, 2018 Page 10 Marcus, if you'd please step forward. (Applause.) MR. OCHS: Get right there in the middle. There you go. Stay right there for a second, Marcus. I'm going to tell the audience all about you. This is -- Commissioners, our Public Transit Division has a number of bus stop improvements that are scheduled for which state and federal grants have been obtained, and several of these stops that were located in the Immokalee area had a short time frame for completion of that work before the grant expired. So the staff needed to quickly obtain surveys of several locations. They called Marcus. In addition to his regular workload, he stepped up to the plate, provided surveys to get that information needed to keep those transit projects on schedule. Throughout that process, Marcus coordinated with our staff closely in transit to make sure the details were exactly what was needed. The survey work will result in improvements to 24 bus stops, providing the public with free access to public transit. Marcus' efforts are an excellent example of county teams working together for the good of the community and demonstrates he's very deserving of this award. Commissioners, it's my pleasure to recognize Marcus Berman as your April 2018 Employee of the Month. Congratulations. (Applause.) MR. OCHS: Move on to Item 4, proclamations. Item #4 PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL PROCLAMATIONS – ADOPTED Item #4A May 8, 2018 Page 11 PROCLAMATION DESIGNATING MAY 1-8 AS NATIONAL CORRECTIONAL OFFICERS WEEK IN COLLIER COUNTY. ACCEPTED BY CHIEF CHRIS ROBERTS, CAPT. BETH RICHARDS, CMDR. PATRICIA GIFFORD, CMDR. KEVIN MCGOWAN AND OTHER CORRECTIONS OFFICERS AND NAPLES JAIL CENTER STAFF – ADOPTED MR. OCHS: Item 4A is a proclamation designating May 1st through May 8th as National Correctional Officers Week in Collier County. To be accepted by Sheriff Kevin Rambosk, Chief Chris Roberts, Captain Beth Richards, Commander Patricia Gifford, Commander Kevin McGowan, and other corrections officers and Naples Jail Center staff. (Applause.) COMMISSIONER FIALA: It's good that you brought everybody. We get to see them. COMMISSIONER TAYLOR: Three rows, guys. MR. OCHS: Three rows. We need you all in the middle a little bit. COMMISSIONER TAYLOR: Vertically challenged in the middle row. CHIEF ROBERTS: If I may real quickly, the Sheriff couldn't be here this morning. He had a previous engagement. He was going to try and make it, but you know how his time works these days. But he did want me to say a couple words. And, as always, we appreciate the partnership that we have going on here in Collier County. You know, the Sheriff's Office, Commissioners, county staff, I was talking to Jamie French in the lobby earlier, there's no place that I can think of that I'm aware of that we actually have it going better for the people that we serve. So thank you very much. (Applause.) May 8, 2018 Page 12 Item #4B PROCLAMATION DESIGNATING MAY 7-12 AS NATIONAL ECONOMIC DEVELOPMENT WEEK IN COLLIER COUNTY. ACCEPTED BY KRISTI BARTLETT, VICE PRESIDENT, ECONOMIC DEVELOPMENT, GREATER NAPLES CHAMBER OF COMMERCE; JACE KENTNER, DIRECTOR, OFFICE OF BUSINESS AND ECONOMIC DEVELOPMENT; JENNIFER PELLECHIO, COO, NAPLES ACCELERATOR; CATHY HAWORTH, CONSULTANT, FGCU SMALL BUSINESS DEVELOPMENT CENTER; AND CHERYL MCDONNELL, CO- CHAIR, SCORE – ADOPTED MR. OCHS: Item 4B is a proclamation designating May 7th through May 12th as National Economic Development Week in Collier County. To be accepted by Kristi Bartlett, vice president of Economic Development with the Greater Naples Chamber of Commerce; Jace Kentner, director of the county Office of Business and Economic Development; Jennifer Pellechio, chief operating officer of the Naples Accelerator; Cathy Haworth, consultant with Florida Gulf Coast University Small Business Development Center; and Cheryl McDonnell, the co-chair of SCORE. (Applause.) MR. OCHS: Congratulations. MS. BARTLETT: Thank you, Commissioners, for all of your support for economic development and for everyone that came out for a retention visit last week. We've been posting pictures on social media, so keep your eyes out for that. Thank you. MR. OCHS: Mr. Chairman, if I could have a motion to approve today's proclamations, please. May 8, 2018 Page 13 COMMISSIONER SAUNDERS: So moved. COMMISSIONER FIALA: Motion to approve all of the proclamations for today. CHAIRMAN SOLIS: Is there a second? COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: There's a motion and second. All in favor, say aye. 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: That moves us to Item 5, presentations. Item #5A PRESENTATION OF THE COLLIER COUNTY BUSINESS OF THE MONTH FOR MAY 2018 TO NAPLES PRINT SOURCE. ACCEPTED BY MR. AND MRS. BLASE CIABATON, OWNER OF NAPLES PRINT SOURCE. ALSO PRESENT IS BETHANY SAWYER FROM THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: Item 5A is a presentation of the Collier County Business of the Month for May 2018 to Naples Print Source. To be accepted by Blase Ciabaton, owner of Naples Print Source. Also present, Bethany Sawyer representing the Greater Naples Chamber of Commerce. May 8, 2018 Page 14 (Applause.) MR. CIABATON: My wife and I just wanted to say thank you so much to the county commissioners for recognizing us and for the Naples Chamber. The Naples Chamber has been instrumental in the success of our business, and we thank them for the support of all businesses. And my wife and I accept this honor on behalf of employees who are back at the office now working hard to deliver on the promises that we've made to our customers and, of course, we'd like to thank our customers for appreciating the craftsmanship, skill, and attention to detail that our team takes with every job every day. So thank you very much. We're very humbled. (Applause.) Item #5B PRESENTATION OF THE 2018 “AGAINST ALL ODDS” AWARD TO CO-RECIPIENTS ARTHUR BOOKBINDER AND DAVID C. WEIGEL – PRESENTED MR. OCHS: Item 5B is a presentation of the 2018 "Against All Odds" award to recipients Arthur Bookbinder and David Weigel. I know, Mr. Chairman, you have a presentation. If you'd please step forward, gentlemen. (Applause.) CHAIRMAN SOLIS: Good morning. David, it's Andy Solis. How are you? Good to see you. Let me just read a few things that I've been asked to read about our recipients, because this is a very special award. First, Arthur Bookbinder lost his vision in 1990 to retinites pigmentosa. In 1991, he was diagnosed with the first of four major May 8, 2018 Page 15 cancers. Those obstacles did not stop Bookbinder as he continued working while receiving chemotherapy. In 2005, he created the Bookbinder group, a consortium of premiere low-vision consultants throughout North America. Bookbinder helped grow the non-profit organization Lighthouse of Collier, Inc., the only Collier County non-profit dedicated to low vision and blind individuals. He currently serves as the chairman of the Lighthouse board of directors. Mr. Bookbinder also served as a mentor to students in the Champions for Learning Take Stock in Children program. Additionally, he currently serves on the executive committee and was involved from the start with the Naples Men's Discussion Group, an organization composed of 100 retired individuals that began 16 years ago and brings in speakers both local and from across the country to present topics pertinent to our community. In 2016, he was recognized by the Southwest Florida Community Foundation as one of the faces of philanthropy, and he and his wife, Susan, were recognized as champions at the Champions for Learning 2016 Night of Champions. Mr. Bookbinder was honored by the Naples Daily News in November 2017 as one of its 25 over 50. And David Weigel is known in the community for being a highly ethical and principled attorney. During his 23-year tenure with the Collier County Attorney's Office, he moved from an assistant county attorney to chief assistant to the County Attorney from 1995 until 2008. Mr. Weigel started experiencing significant vision impairment in 2003. In 2007, Mr. Weigel, along with approximately 60 members of the community, initiated the creation of what would become the Lighthouse of Collier, Inc., the only Collier County non-profit organization dedicated to providing rehabilitation services and resources gratis for low vision and blind individuals and their May 8, 2018 Page 16 caregivers. During 2008/2009 he chaired the Leadership Council, comprised of 18 dedicated passionate community volunteers that became recognized as the founders of Lighthouse Collier, Inc. Mr. Weigel coordinated efforts to establish bylaws, incorporation, IRS 501(c)3 charitable status, organizational structure, and location for the Lighthouse and became its first president. Mr. Weigel's participated in the Lighthouse's annual summer camps where he has taught Morse code to provide a unique communication experience for the kids. He currently serves as secretary of the Lighthouse Board of Directors and regularly speaks to local groups to bring awareness of the services and assistance available through Lighthouse of Collier. Mr. Weigel and his wife, Jeannie, have enjoyed raising their three sons, Clayton, Colin, and Robert, who are all in their 20s and are spreading their wings. The County Commission called for nominations for the "Against All Odds" award in the fall of 2017, and all the nominees have overcome great obstacles to achieve success and excel. And the County Commission chose to honor Mr. Bookbinder and Mr. Weigel for demonstrating fortitude, determination, passion, and perseverance and for overcoming challenges to achieve their dreams against all odds. (Applause.) CHAIRMAN SOLIS: Can I give each one you -- we have these wonderful statues. And I would just like to say -- and I don't know if Mr. Weigel remembers this, but as a young attorney one of my most memorable, for a lot of different reasons, experiences as an attorney was actually with Mr. Weigel. We flew to Tallahassee one time on -- had something to do with the breakwaters off Marco Island, and it was a great experience, and it's one of the stories that I always tell the May 8, 2018 Page 17 young attorneys that join our firm. So thank you. (Applause.) COMMISSIONER SAUNDERS: And, Mr. Chairman, in reference to Mr. Weigel as well, I was the County Attorney at the time that Mr. Weigel joined Collier County, joined the County Attorney's Office. I had the pleasure of hiring Mr. Weigel a long, long time ago. Kind of a funny story, because Dave has a twin brother, and about a day after I had hired Dave Weigel, I go into the office and I see someone sitting in the office who I thought was Dave Weigel, and I said, "Dave, why are you back today?" And he said, "I'm not Dave. I'm his brother." So it's great to see you, and, Mr. Bookbinder, great to see you as well. CHAIRMAN SOLIS: Thank you for all you do. MR. OCHS: I don't know if we could get a photo. If you could just turn around and face the audience and the camera. (Applause.) COMMISSIONER FIALA: You know, these people keep giving back to our community all the time. MR. BOOKBINDER: Hi. I just want to thank the commissioners and the commission staff very much. I had a whole bunch to say, which obviously has been said already. But I just want to say, if you want to see what this is all about, pay a visit to the Lighthouse of Collier, the Center for Blindness and Vision Loss. It is nine years old tomorrow, and I think -- David and I have seats on the board there and have taken such pride in seeing really the "lighthouse of excellence," which it is now. If not that, you can, you know, just get on the website, and you'll see what we're talking about. It relates directly -- it's LighthouseofCollier.org. It relates directly to what this award is about, a very important award. May 8, 2018 Page 18 There are thousands of people out there who have challenges, and everyone -- it's so wonderful that the Commission keeps this out front and makes sure that we're aware of it in the community; that everybody needs a little bit of help in order to overcome their obstacles and then results in being -- combating the odds. Thank you very much. We really appreciate this. (Applause.) MR. WEIGEL: Well, it's certainly a pleasure to be here today. It's like old home week. And it was a pleasure to be working with these people a few years ago, and it's certainly a great pleasure to be here today, and I thank you, Board of County Commissioners, Mike Sheffield, Margie Hapke. I thank Leo. I thank everyone here for this great opportunity, really, for Lighthouse. Art just gave my speech, but I will mention that we are, as he mentioned, celebrating our ninth anniversary. It's still an organization with room to grow, and we appreciate the public support that comes. Another thing that is nice to know is that Priscilla Grannis, our very apt president, works here in Collier County just across the hall on a daily basis as a legislative aide, and so you're always close to the Lighthouse of Collier if you're here in this building. Thank you, again, very much, and it's been a great pleasure, and thanks to family and friends that have supported. (Applause.) MR. OCHS: Mr. Chairman, that takes us to Item 7 this morning, public -- CHAIRMAN SOLIS: I'm sorry. Can I say something about the artist real quick before we get into the agenda. MR. OCHS: You're the chairman. CHAIRMAN SOLIS: Yeah. Let me take control of this. Who's in charge of this thing? COMMISSIONER McDANIEL: Who is running it? Who's May 8, 2018 Page 19 running this meeting? CHAIRMAN SOLIS: I just want to bring everyone's attention to the local Artist of the Month that we have displayed in the back. The artist is Collier County resident Don Columbus. Don's love of photography began at the age of seven with his first camera. He realized at a young age that the camera has the ability to capture details that are often missed in the moment, allowing people the opportunity to revisit the memories for as long as they live. Don's focus today at the age of 67 is to capture impactful images of nature in the Naples area, and over the past year he has focused on capturing the precious moments that he observes in Immokalee, Florida. So please enjoy the wonderful photography. Thanks. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Item 7, public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chairman, we have three registered speakers for public comment today. Your first speaker is Axel Korn. He will be followed by Garrett Beyrent. MR. KORN: Good morning, everyone. My name's Axel Korn. I reside in Estero, Florida. I want to thank everybody for this opportunity to make a few comments and make a formal request to be placed on the agenda for the next Board of County Commissioners meeting. I'm the Florida business unit leader of a company called Plug Smart that was started in Naples 10 years ago by a founder and CEO, May 8, 2018 Page 20 Rich Housh, who has been a Naples resident for 19 years. Another Naples resident, Dolph Von Arx, was one of founding board members and served on the board -- on Plug Smart's board of directors for eight years. Plug Smart is an employee-owned company, so all of our people are partners, and we're all impacted by this. My team and I worked very hard every day from our local office, which is located near downtown Naples on the campus of Naples Community Hospital, which is our largest local client. We serve Collier County and Lee County commercial clients, including Collier County Government. Plug Smart has a lot of customers that we serve directly from our Naples office in Tampa, Orlando, and all the way in between. Our Florida business is growing and prospering, and we are continuing to expand our Southwest Florida office to keep up with market demands. In the past 90 days, we have reviewed several solicitations and RFPs that have come out for bid from Collier County procurement where we have been penalized 10 percent of our total score based upon a very small technicality that recently prevented us from being awarded a contract from Collier County procurement. We finished second to a Lee County based competitor who received a 10 percent credit for being local due to an outdated reciprocity agreement between our county and Lee County. As business operators and taxpayers in Collier County, we do not believe that preferential treatment for any vendor, whether they meet some subjective criteria for being considered local or not, makes any economic sense whatsoever for Collier County Government and its taxpayers. I respectfully request that this matter be placed on the formal agenda for the next Board of County Commissioners meeting, until that time when the current local vendor preference policy is modified or rescinded, to consider Plug Smart as a local vendor any and all May 8, 2018 Page 21 solicitations for HVAC, security and access control, and energy management be placed on a temporary hold. Thank you very much for your consideration and our request. MR. MILLER: Your next speaker is Garrett Beyrent. He will be followed by Rae Ann Burton. I think I've got that right. MR. BEYRENT: Good morning, Commissioners. Everybody probably knows by now that I made two more paddles for pickleball for Hurricane Donna, and I made them underbudget. They were $6.88 each. Gave one to Hurricane Donna. Nobody knows who she is. She's the queen of pickleball. And the other one I gave to Jim Ludwig who snookered me into cleaning up on Sunday after the giant pickleball extravaganza. I don't play pickleball, just so you know. It's nothing personal here. But I do volunteer for stuff, and I parked my car way out somewhere near -- I think it was near Marco Island where the last pickleball court was built. I can't believe how many courts are out here. And, anyhow, in the back of this one court after cleanup with leaf blowers, there was one pickle all by itself way out in the corner. I say, there's one pickleball there, so I went and got -- I picked up the pickle. And I looked at it, and it says, like, "U.S. Championship Pickleball," and it's got a stamp on it. Apparently, they recycle them, thousands of them, after these tournaments. I thought, boy, you know what, I could take this pickle and put it on a piece of wood, put a light behind it and make a night light for the queen of pickleball. But I realize, wait a minute, that pickleball is nothing. It costs zero. This light costs a dollar from Walmart, right, and in front it was lackluster. I said, "It doesn't look like something special." And then I put a penny on the front of it, a shiny penny. And then I got the idea, 19 -- oh, 2018, right, and I thought, wait a minute. Penny. Penny. Penny Taylor. Penny Taylor. I will give it to Penny Taylor so she will May 8, 2018 Page 22 budget it, because she knows that a penny costs three cents to make. You know that, right? It does. So the long and short of it is, I'm awarding this to Penny Taylor whose picture is on the back along with the other partners from last year's pickleball. You didn't know that. You picked -- actually, that's on the back, with Jim Ludwig, okay. Long story. I want to do presentations in the future. I think we should do them publicly. I think we should give them to commissioners that have done something that people don't know about, and this is it. COMMISSIONER TAYLOR: Yes. MR. BEYRENT: I don't ever talk -- he's a lawyer. I don't talk lawyer. COMMISSIONER TAYLOR: No. Commissioner Fiala is the one who was the shepherd and the strongest advocate for pickleball in this county. MR. BEYRENT: I know. Although I didn't know it. Originally I didn't have any idea. I had no idea. I said, what is this pickleball thing going on? COMMISSIONER TAYLOR: You don't remember when Commissioner Nance gave her a jar of pickles? MR. BEYRENT: No, okay. That killed mine. I got every different jar of pickles in a box which -- seriously, I thought, we'll get Vlasic here. Anyhow, just cut it really short, Jace Kentner and I are actually going to produce these. We're going to hire kids to make these in summer camp with Barry Williams. How about that? COMMISSIONER McDANIEL: Nice. COMMISSIONER TAYLOR: Thank you. MR. BEYRENT: Okay. Here it is. COMMISSIONER FIALA: What a cute idea. MR. BEYRENT: Cost 66 cents. May 8, 2018 Page 23 COMMISSIONER McDANIEL: Sixty-six cents is the aggregate value, so there's no -- we're totally within our $4 limit. COMMISSIONER FIALA: I don't know how many have ever seen a pickleball, but when I first heard about pickleball, I thought maybe it was green or maybe it had pimples on it or maybe it was shaped like a pickle. This is what it really looks like. CHAIRMAN SOLIS: Thank you. MR. MILLER: Mr. Chairman, your final speaker for public comment is Rae Ann Burton. I hope I'm saying that right. MS. BURTON: Thank you. My name is Rae Ann Burton. I live at 2530 31st Avenue Northeast, Naples, Florida. I am here because of the LRTP road. I will continue to come until this is taken off the docket. Randall Road needs only left-turn lanes for the exit streets and bike lanes. No S curve is needed. This is destructive on habitat and canal access for our water drainage. This LRTP goes against your statements that are in -- what I found on your website. Collier County will focus on and create, maintain vibrant, attractive, and safe communities that will benefit residents, develop strong community bonds. These projects will not. Your strategy go (sic) preserve is development of intricate sustained plans to protect and manage the natural environment and water resources. Preserve and enhance neighborhood character, promote safe, secure, diverse neighborhoods. These projects will make the roads more dangerous for cars and bike riders. An S curve will open our neighbors to crime and more traffic. Per your growth management statements, you focus to seek to manage growth, balance growth, prevent inconsistent, undesirable, unactive growth and protect the natural environment that makes our area so unique in four standards: Maintain plans that reflect the needs and desires of the communities; conserve, preserve, monitor, and May 8, 2018 Page 24 manage natural resources; develop intricate sustainable plans; and protect managed natural environment, water resource in harmony with habitat. Our natural environment serves as a strategic resource that must be managed and protected. The project's plan for Randall to be four to six lanes will destroy this. Also, your reserve enhance (sic) community identity and character implement -- enforce land development regulations, maintain and enhance the health, safety, and welfare of our residents, visitors, business, and natural environment. We in Golden Gate expect that you honor your statement to preserve our way of life but (sic) enhancing Randall Boulevard with needed left lanes and bike lanes, that you will not destroy our uniqueness of our community to build roads that only benefit new developments while destroying ours. People are moving into our area and in great numbers, and animal habitat's getting smaller and smaller. So now they're in our backyards. It's causing severe environment hazards to the people already in Golden Gate. Wildlife lies -- has loss of habitat and food sources so they're now in our backyards. We have had panthers, bears, bobcats -- panthers have destroyed and even killed a small dog -- and rattlesnakes all because of this overdevelopment. So we are requesting that you do not make Randall Road four or six lanes but respectfully make it into left turn lanes for the exit streets that are on Randall to make it useful currently for those that are living there and make it safe with bike paths for us that live there. And I will continue to come until this is off the docket. Thank you. MR. MILLER: Mr. Chairman, that was your last speaker for public comment. MR. OCHS: Sir, we're moving on to Item 9, your advertised public hearings. May 8, 2018 Page 25 Item #9A ORDINANCE 2018-23: PETITION PL20160003084/CPSS-2016-3, A GROWTH MANAGEMENT PLAN SMALL SCALE AMENDMENT SPECIFIC TO THE MINI TRIANGLE MIXED USE SUBDISTRICT - ADOPTED W/CHANGES Item #9B ORDINANCE 2018-24: AN ORDINANCE AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.06 STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES, TO EXEMPT THE MINI- TRIANGLE SUBDISTRICT OF THE URBAN DESIGNATION, URBAN MIXED USE DISTRICT OF THE GROWTH MANAGEMENT PLAN FROM THE HEIGHT STANDARDS FOR DEVELOPMENT IN AIRPORT ZONES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE - ADOPTED W/CHANGES May 8, 2018 Page 26 Item #9C ORDINANCE 2018-25: AN ORDINANCE AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A GENERAL COMMERCIAL DISTRICT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (C-4-GTMUD-MXD) ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT IN THE MIXED USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED USE DISTRICT OVERLAY (MPUD-GTMUD-MXD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE MINI-TRIANGLE MPUD TO ALLOW CONSTRUCTION OF UP TO, WITH A MIX TO BE DETERMINED BY MAXIMUM ALLOWABLE TRAFFIC GENERATION, 377 MULTI-FAMILY DWELLING UNITS, 228 HOTEL SUITES, 111,000 SQUARE FEET OF COMMERCIAL USES AND 90,000 SQUARE FEET OF GENERAL AND MEDICAL OFFICE USES, 150 ASSISTED LIVING UNITS, 60,000 SQUARE FEET OF SELF-STORAGE AND 30,000 SQUARE FEET OF CAR DEALERSHIP; PROVIDING FOR MAXIMUM HEIGHT OF 168 FEET, ON PROPERTY LOCATED NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF DAVIS BOULEVARD AND TAMIAMI TRAIL EAST IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, May 8, 2018 Page 27 COLLIER COUNTY, FLORIDA, CONSISTING OF 5.35± ACRES; PROVIDING FOR REPEAL OF CONDITIONAL USE RESOLUTIONS; AND BY PROVIDING AN EFFECTIVE DATE - ADOPTED W/CHANGES MR. OCHS: Items 9A, 9B, and 9C are all companion items. 9A is a Growth Management Plan small-scale amendment, 9B is a proposed amendment to your Collier County Land Development Code, and Item 9C is a recommendation to approve a rezoning. All three relating to the Gateway Triangle Mixed-Use District in the mini-triangle subdistrict. Mr. County Attorney, would you like to hear these all at once and then vote separately, or how would you like to proceed? MR. KLATZKOW: My recommendation is you hear all three at once and, since there are interrelated, just vote on all three at once. MR. OCHS: All three are supermajority vote of the Board? MR. KLATZKOW: Yes, sir. CHAIRMAN SOLIS: And is there a requirement for disclosures or anything since there's a zoning amendment? MR. KLATZKOW: Yes, this -- yes. CHAIRMAN SOLIS: Okay. MR. OCHS: So ex parte, and we'll swear in any testimony. CHAIRMAN SOLIS: Right. Want to swear in -- MR. OCHS: Well, let's give ex parte first, if you don't mind, sir. CHAIRMAN SOLIS: Ex parte first. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I've had multiple meetings, emails, and communications with regard to this project. COMMISSIONER FIALA: Likewise. Most of the people that are sitting right here I've spoken to. I've asked many questions. I've talked to them over and over again to make sure I understand all of the May 8, 2018 Page 28 different facets of this program before I would ever vote on it. I also spoke to a lot of the people in the community and read a whole bunch of stuff. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: Many, many meetings, telephone calls, discussions with staff, with the gentlemen sitting here, many of the participants that are going to be part of this advertised hearing, read copious documents. That's it. Thank you. CHAIRMAN SOLIS: Commissioner Saunders. COMMISSIONER SAUNDERS: And I've also had meetings with representatives of the developer and have received emails and phone calls concerning the projects. CHAIRMAN SOLIS: I, as well, have spoken with the applicant and the representatives for the applicant and received emails and phone calls as well. Swear the witnesses. Anyone that's going to testify today or speak on this matter, please rise and raise your right hand. (The speakers were duly sworn and indicated in the affirmative.) MR. MULHERE: Good morning. It's a pleasure to be here this morning. Bob Mulhere with Hole Montes representing the applicant. And with me this morning, Jerry Starkey and Fred Pezeshkan, also Alex Pezeshkan. Dick Grant is also here as the land-use attorney, and Charles Whittington also with Grant, Fridkin, Pearson, P.A. Barry Jones is the civil engineer, and Norm Trebilcock is our transportation consultant. I will make, with your approval, a fairly brief summary presentation. I do have a few minor changes to go over, and then open it up to public speakers and/or questions. So I'll proceed. That shows the subject parcel. That just gives you a broad perspective of where this is located. And you can see its proximity to May 8, 2018 Page 29 the City of Naples. And I know you're all familiar with the site; just for the public. Just a summary of the three petitions that Leo already introduced. The size is 5.35 acres. This gives you a little better perspective of the mini-triangle, which is, you know, larger than just this project. You have the Trio project, which is to the west of the subject property, and then you have several other parcels to the east abutting Commercial Drive. I just want to briefly go over the timeline. It's been 17 months that we've been in this process. And during that time we've met with literally hundreds of people. We've met with the CRA at least three times; twice officially. Both times they recommended unanimously to the Board to approve this project. We also met with the East Naples Civic Association twice, and they also voted to support this project. We had a neighborhood information meeting. There was very good attendance at that. The majority of people were in support. We actually only had one person speak with issues they related to building height and air traffic safety but, of course, as you know, we did go through the FAA process, and they issued letters of no hazard, and we've worked closely with the Naples Airport Authority to come to agreement with them as well, and representatives are here this morning. We actually had three meetings before the Planning Commission; probably 10 hours worth of work. And I guess I'd just like to say that although this was a long process, it was a really good process, and we really appreciated the work of staff who were always willing to meet with us. We met dozens of times with the County Attorney's Office with Mike Bosi, with planning staff, Eric, landscape architects. I mean, it's really been a pleasure to work with staff. It was a fairly complicated May 8, 2018 Page 30 process on a small parcel with these three interrelated petitions, and I think the outcome was excellent. Some significant changes occurred during the Planning Commission meetings, and the final outcome is a very good product, and it's a pleasure to be a part of that process. I do have some minor changes I wanted to introduce to you. This slide here shows our property lines. You can see that this would be the property line adjacent to what is known as the Trio parcel, and then over here these are sort of property lines adjacent to the properties to the east. Obviously, we have frontage on both Davis and U.S. 41. With respect to these, sort of, internal boundaries of the PUD, we are proposing -- and I'll just go over that in a minute. Let me go back to that. We are proposing -- there is a 5-foot -- as you can see on that slide right there, there is a 5-foot landscape buffer and a 5-foot setback. While we haven't come to any final arrangements with adjacent property owners, my clients continue to talk to several adjacent property owners. And in the event that an adjacent parcel's acquired and we come in for a unified plan of development, a site plan that includes that adjacent parcel, we would like to have that internal 5-foot landscape buffer and setback disregarded. And I'll show you the language in just a minute. We have some minor -- minor changes here based on questions that we received over the last week or so. One relates to the use of indoor air-conditioned passenger vehicle self-storage. I should note that those -- that use is limited in square footage and -- however, we had some questions. The language in red would further restrict this use, and it reads, "Other than passenger vehicle storage, all other self-storage components shall be limited in use to residents and commercial tenants of this PUD." So I think that would address some of the questions and concerns that we had that will limit that use. Of course, that will be located entirely within one of these multi-story buildings, and you will May 8, 2018 Page 31 not see that. MR. KLATZKOW: I'm sorry. Are these new changes that the Planning Commission has not heard? MR. MULHERE: Yes, but they're relatively minor in nature. MR. KLATZKOW: Well, okay. But have you run this by my office before? MR. MULHERE: Uh -- MR. KLATZKOW: That's no. Did you run this by staff before coming here? MR. MULHERE: I did talk to staff, yes. MR. KLATZKOW: But not my office? MR. MULHERE: I did not. These were made at the last minute. MR. KLATZKOW: We've been at this process 18 months, and at the last minute we're making changes? MR. MULHERE: Well, I thought they really were quite minor. The other one is the footnote that I previously discussed regarding the setbacks, Page 5. And then there was just some minor -- the airport authority actually raised a couple of minor issues with respect to clarity. The items that references Page 30 under developer commitments had read the maximum height of any building or other structure, including rooftop appurtenances, to 160 feet, it was felt that it would read better to say "shall not exceed 160 feet," so really a minor change. And then both in the LDC amendment and in the PUD, the date of the FAA letters of determination of no hazard were wrong. They're not -- they weren't dated the 17th. They're dated the 20th of January. I apologize. These changes just came up at the last minute. I thought they were relatively minor in nature and really don't have a significant impact on anything that the Planning Commission reviewed. COMMISSIONER TAYLOR: And let me say that I initiated the May 8, 2018 Page 32 one about storage because of -- frankly, Commissioner, I was thinking specifically about your concerns and mine and specifically because there is a storage unit just going east of it. And yesterday at 2:00 when we spoke, I asked for some kind of assurances that this isn't going to be open storage for the public, and in the course of the conversations, this is what was developed. And I'm fairly comfortable with it. I think it's -- I think it makes it a stronger -- COMMISSIONER FIALA: Thank you. I think that that was a good catch, and I'm glad you did something like that. Thank you. MR. MULHERE: I do have copies I can give to Heidi or Jeff and then, obviously, after this meeting, if you approve them with those changes, we'll provide clean documents to this. COMMISSIONER McDANIEL: Can I ask a quick -- I had my light on. CHAIRMAN SOLIS: Commissioner McDaniel's light's on. COMMISSIONER McDANIEL: Yeah. And, Bob, I just -- I find it rather unique that we're asking for permission to waive a landscape buffer for a potential of inclusion of a contiguous piece of property that we don't own yet. That just seems to me to be semantics that would, in fact, occur that we could necessarily do after the fact. MR. MULHERE: Well, we could go through the deviation -- site plan with deviations process to achieve this same result -- COMMISSIONER McDANIEL: Right. MR. MULHERE: -- but, obviously, if we incorporate another piece of property adjacent to us, we'd want to develop it as a unified plan. COMMISSIONER McDANIEL: Of course. MR. MULHERE: And so it just made sense to us to mention that now. But, obviously, it's up to the Board. COMMISSIONER McDANIEL: Right. I guess there isn't -- you know, there's no negative that comes from adding this in. It just makes May 8, 2018 Page 33 sense to me that you would be able to do that if you were to acquire property. And we know there's multiple pieces here; the cell tower piece and, you know, the front corner as well. So we know there are multiple tracts that are here, so... MR. MULHERE: Again, this just came up as a result of having one of the adjacent parcels, perhaps, become available, and so there were some discussions related to that, and that's what's referred to as -- COMMISSIONER McDANIEL: That was my only question. MR. MULHERE: -- Fortino. CHAIRMAN SOLIS: And since we're just having this discussion, I mean, is there any concern from staff's position on that? I mean, this is -- there's a process for doing this other than putting this language in the PUD, right? MR. MULHERE: There is a process. Because this is in the CRA in a redevelopment area, you can ask for deviations during the Site Development Plan. Probably if we acquire an adjacent parcel, we'd probably have to incorporate that into the PUD, and that might require a small-scale amendment, and we could address it at that time as well. I mean, I didn't want to complicate things. It was just to make it easier in the light of the fact that we might acquire an adjacent parcel. CHAIRMAN SOLIS: Okay. MR. MULHERE: That one I already went over. I think -- I'll just leave the site plan on in case there's any questions, but I think that concludes my presentation. I'm happy to entertain any questions, but I would like an opportunity to respond to any comments that you might receive. Thank you. CHAIRMAN SOLIS: Any questions for Mr. Mulhere? (No response.) COMMISSIONER FIALA: How many speakers do we have? MR. MILLER: I have one registered speaker. That speaker is May 8, 2018 Page 34 Gary -- I'm sorry, sir, I'm having trouble reading this -- Klockhohn. MR. KLOCKHOHN: Good morning. I'm Gary Klockhohn. I live at 2180 Sandpiper Street. The most valuable real estate in the world is Naples air rights, undeveloped air rights. The density that we're bringing, what we're doing here, I can't change that. But any variance, any opening through which greed and ego can go, they're going to go. And I'm not reflecting on anybody here, but the density that's happening here to increase one inch, cubic inch of the development space -- and I'm -- I greatly appreciate what you guys have done for the conservation of the 28-acre mangrove forest, but this impacts everything. The density, anything you do to accommodate and increase the density of this property, is adversely going to impact our already polluted creeks, stormwater management. It's all -- at the last minute I just hope you leave the opportunity open for the staff and the appropriate consideration. Thank you. MR. MILLER: That's all the speakers we have on that item. MR. OCHS: Mr. Chairman, we have a few brief remarks from the staff. CHAIRMAN SOLIS: Staff? MR. OCHS: Yes, sir. MR. BOSI: Good morning, Commission. Mike Bosi, Zoning and Planning director. Before we get into the specifics of a staff recommendation, I did want to provide a clarification. At the end of my comments, I've got an additional letter that was put forth related to the project, the perspective. It was emailed to the Planning Commission, but we forgot to place a hard copy within your packet. So for a full packet, we're going to provide that hard copy. Essentially, it was a letter that just questioned whether it was going to be a true mixed-use project, and it does allow me to highlight May 8, 2018 Page 35 the collaborative effort of staff and the Planning Commission in terms of how we both worked to ensure that we were going to have a project that was similar to the renderings that were provided for. Staff initially prepared some minimums to understand -- or to ensure that we were going to have a mixed-use project. And we started at 50 residential dwelling units as a minimum requirement and 30,000 square feet of office and retail. The Planning Commission took that, upped it to 105 minimum residential units and 67,000 square feet of retail and office to ensure that we're going to have the project that the community was expecting. As Bob had said, it's been three rounds with the Planning Commission, a number of rounds with the staff. From the Land Development Code amendment to the GMP amendment and the PUD requesting, staff is recommending approval with the conditions that were contained within the executive summary. The additional language that was presented today, staff does not have a -- does not have an issue, doesn't feel that it has a material effect upon the project and, actually, it takes the assurance even one step further to make sure that we have the project that the community is expecting. We'll remark that we'll coordinate with the applicant to make sure that all of the documents within the PUD, the master plan, and that language is incorporated withinto the master plan that comes back for signature attached to the ordinance. And with that, staff could make itself available for any questions you may have. CHAIRMAN SOLIS: Any questions? COMMISSIONER SAUNDERS: Mr. Chairman, I don't have a question. I don't have any particular issues with this. I did raise a question concerning automobile sales facility, and it was explained that that could very well be a very high-end small showroom, so I didn't May 8, 2018 Page 36 have a concern with that. I did have a little bit of a concern with the storage, the self-storage, and that has been fully explained, so I don't have any issues with that. And I certainly have no issues with the three or four minor changes that clarify that. CHAIRMAN SOLIS: And staff is comfortable with those changes? MR. BOSI: Yes. Yes. CHAIRMAN SOLIS: Okay. Any other questions for staff? COMMISSIONER FIALA: No. I could make a comment, if you want, but I had a lot of questions, and some things that I thought, oh, my goodness, I have to check on this and this. I've done a lot of work with all of the people in there to satisfy me that this is going to be a great project and that it will not harm the area or harm the airspace or anything. And I walk away now with the feeling that this is a good project. So I would make a motion to approve. COMMISSIONER McDANIEL: Second. COMMISSIONER SAUNDERS: And just for the record, that's a motion to approve all three of the items? COMMISSIONER FIALA: Yes. Oh, thank you. I will reword that. A motion to approve all three items. COMMISSIONER McDANIEL: Can we do them all unilaterally? MR. KLATZKOW: Yes, sir. CHAIRMAN SOLIS: There's a motion and a second. Just -- any discussion? I would like to make sure that the County Attorney's Office is also comfortable. MR. KLATZKOW: Yeah. I have no issue with the storage one. The one that I'm not sure there aren't unintended consequences is the change in the setback. I don't know if this is going to lead to zero lot May 8, 2018 Page 37 lines should multiple parcels be developed or what. But we don't have a chance to analyze this. Planning Commission didn't have a chance to see this. And, you know, I just -- after 18 months of going through this to have something just dropped -- and we could have gotten an email last night, by the way, and that didn't happen. So just dropped at a board meeting, you know, something that the applicant finds that is in his benefit, I think, is just not the best procedure. (Applause.) COMMISSIONER FIALA: Could you excuse me just a second. This is your district. Would you have liked to make that motion instead? COMMISSIONER TAYLOR: No, no, not at all. I have a question. Thank you. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: Of the applicant, please. MR. MULHERE: Yes. COMMISSIONER TAYLOR: We spoke yesterday about traffic. MR. MULHERE: Yes. COMMISSIONER TAYLOR: And we spoke about -- and this really was sort of an eyewitness account, you know, serendipitous, whatever you say. I was going into the city and stopped at the red light at Davis where that triangle is where -- U.S. 41 and Davis and saw two young boys on bicycles trying to cross the traffic going from Royal Harbor side to the other side. And I spoke to you about it yesterday, and you indicated that the city -- the CRA of the city would like to have a meeting with our CRA or with you. But it would be a great idea if our CRA talked about to improve with the developer having fair-share involvement in it, that intersection, so pedestrians and bicycles can cross there. There definitely needs to be some May 8, 2018 Page 38 improvement. Now, I don't -- MR. MULHERE: So Mr. Pezeshkan actually had a conversation with the vice mayor of City of Naples, Vice Mayor Penniman, and she was raising questions regarding, you know, the safety of pedestrians and cyclists who might leave this project and go into the city, and it was suggested at that point that there be a joint meeting of the two CRAs. The city is looking at a few options to slow down traffic and to make it safer for pedestrians and cyclists along U.S. 41, but incorporated into that could also be pedestrian improvements. Now, when we go through our Site Development Plan, we may have some what's called site-related improvements to the intersections, and we won't know that till we go through that process. But we would be happy to participate in that joint meeting. I know the CRA -- I talked to Deborah. She's supportive. I'm sure the city's supportive. It makes sense. COMMISSIONER TAYLOR: All right. So I just wanted to put that on the record. MR. MULHERE: Yes. COMMISSIONER TAYLOR: Good, good. Because the FDOT does not require a deceleration lane and they like the idea that the traffic is going to slow down, I think it is going to promote pedestrian bicycle traffic. I think the way into the city and across the bridge very well might shift a little bit. Not that cars are going to go away, but that it will be more pleasant to go over the bridge. So I think if you're in agreement -- because you are the chair of the CRA, if you're in agreement, I think it might be a good idea to have a meeting about this. COMMISSIONER FIALA: Oh, I think that's great. The more conversation you have, the more communication you have, the better May 8, 2018 Page 39 product you end up with. So that's fine with me. COMMISSIONER TAYLOR: Good. MR. MULHERE: Thank you. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: No other lights? There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) CHAIRMAN SOLIS: All three applications are approved. MR. MULHERE: Thank you very much. COMMISSIONER TAYLOR: One of the comments by the applicants to me, after, I think, the second Planning Commission meeting, which I attended, was how much better the Planning Commission made this project. COMMISSIONER McDANIEL: Yes. COMMISSIONER TAYLOR: And how complimentary they are of Mark Strain and his ability to work with them and make it better. COMMISSIONER FIALA: Oh, that is really nice. COMMISSIONER TAYLOR: It was really lovely to hear that. MR. MULHERE: Thank you. COMMISSIONER TAYLOR: I don't want to paraphrase, but... MR. MULHERE: No question. You know, I've done a lot of projects. I think this one really had the most interaction and attention both by staff and with members of the Planning Commission. It's resulted in a better project. COMMISSIONER TAYLOR: Thank you. May 8, 2018 Page 40 CHAIRMAN SOLIS: Great. COMMISSIONER TAYLOR: That's the process, right? CHAIRMAN SOLIS: Congratulations. COMMISSIONER TAYLOR: After three tries, that's pretty nice to say, right? MR. MULHERE: Thank you. MR. OCHS: Commissioners, that takes us to Item 10, Board of County Commissioners. Item #10A RESOLUTION 2018-87: A RESOLUTION TO THE FLORIDA FOREST SERVICE TO INDICATE SUPPORT FOR THE USE OF SWAMP BUGGIES WITHIN THE PICAYUNE STRAND STATE FOREST AND WILDLIFE MANAGEMENT AREA DURING SPECIFIED STATE OF FLORIDA HUNTING SEASONS AND ON DESIGNATED ROADS - EXCLUDING ATV’S AND TO WORK WITH THE FLORIDA FORESTRY DEPARTMENT ON THE RULES AND REGULATIONS - ADOPTED W/CHANGES MR. OCHS: Item 10A is a recommendation to submit a resolution to the Florida Forest Service to indicate support for the use of swamp buggies within the Picayune Strand state forest and wildlife management area during specified State of Florida hunting seasons and on designated roads. And Commissioner McDaniel brought this item forward. COMMISSIONER McDANIEL: Yes, he did. MR. OCHS: Yes, sir. COMMISSIONER McDANIEL: Well -- and this just flies right along with one of my principal beliefs in that lands acquired with public treasury funds should be afforded the greatest amount of May 8, 2018 Page 41 opportunity for public access. So, with that, I've worked with the Forestry Department, with South Florida Water Management, have a letter from FWC, the enforcing agency out there, in support of this initiative, and I would like to move it forward if it meets with the approval of my colleagues. It does specify that it is for swamp buggies only and it is during hunting season on designated roads and trails for a reasonable fee. And I will supply to the court reporter the letters of support. I think I'm in excess of 12 from different individuals and organizations in support of this. So I'd like to make a motion for its approval. COMMISSIONER FIALA: Second. CHAIRMAN SOLIS: Commissioner Taylor's light was on. COMMISSIONER McDANIEL: Oh. And do we have any public speakers? MR. MILLER: Yes, we do. We have two registered speakers on this item. COMMISSIONER McDANIEL: Do you want me to withhold my motion until we hear from them? COMMISSIONER TAYLOR: Yeah, let's hear from them. CHAIRMAN SOLIS: Let's hear from the speakers. COMMISSIONER McDANIEL: I'm not going to withhold my motion, but I want to hear from them. CHAIRMAN SOLIS: We can hear the speakers first. COMMISSIONER TAYLOR: You're open to changing it or -- COMMISSIONER McDANIEL: There we go. MR. MILLER: Your first speaker is Kathy Worley. She'll be followed by Franklin Adams. MS. WORLEY: Good morning, Commissioners. My name is Kathy Worley. I'm with the Conservation of Southwest Florida. And I'm sure you are all aware that, you know, the taxpayers have May 8, 2018 Page 42 spent a lot of money to restore the hydrology and the vegetation of Picayune Strand, and we still have a ways to go. But it's important to protect this fragile ecosystem moving forward. Now, most hunters will respect nature and follow the rules; however, humans being humans, there's usually a few bad apples every once in a while, and these bad apples can cause a lot of damage. Now, I realize that DOF has jurisdiction here, but I would urge the county to work with DOF and FWC for some sort of oversight of these swamp buggies mainly to -- for any punitive action against any violations that might occur and also on ways to identify those violators, because that's where it gets really sticky is figuring out who actually makes the mess. So I would encourage you to work with them to come up with some ways to help negate these violations. As far as today's resolution, swamp buggies, ATVs, ORVs, et cetera, they can cause a lot of destruction. They can change the surface water hydrology. They can tear up the vegetation, et cetera, if they're not operated in a respectful way and stay on the roads. Now, the definition of a swamp buggy can mean a lot of things to a lot of people. To us locals, we know what we mean by the word "swamp buggy," but if you look up the actual definition of a swamp buggy, it means -- this is from Wikipedia. "The swamp buggy is a motor vehicle used to traverse boggy swamp terrain and able to move about on dry land, shallow mud, sand, shallow water, and even sometimes deep mud." Now, this definition can open the door to mean ATVs, ORVs, UTVs, and maybe even an SUV if you stretch it. So I would urge you to please add in a caveat to your recommendation by adding in just a few words that would exclude the use of ATVs, ORVs, and UTVs so that we have an understanding not just from the locals but from everybody on what we mean by "swamp buggy." And so all you would have to do is just, you know, after the word May 8, 2018 Page 43 "swamp buggy," put some parentheses and say "excluding ATVs, ORVs, and UTVs." And I thank you for listening to me. MR. MILLER: Your next and final speaker for this item is Franklin Adams. MR. ADAMS: Good morning, Commissioners. For the record, I'm Franklin Adams. I'm the Florida Wildlife Federation Region 8 director. I have served on the Picayune Strand Liaison Committee for many, many years, and I also served on the Big Cypress Swamp Advisory and the Big Cypress Off-Road Vehicle Advisory Committee for many years and chaired the Vehicle Special A Specification Committee out there. The Florida Wildlife Federation has a long history of involvement in the original acquisition, management, and restoration of the Picayune Strand State Forest going back to when Lawton Chiles was Florida Governor. In 1990 and '91 we asked Governor Chiles to move forward on the funding, acquisition, and eventual restoration of the Golden Gate Estates south blocks area known as the Picayune. We stressed the recreational opportunities for the public and recommended that the Florida Game and Fresh Water Fish Commission, as it was known then, and the Florida Forestry Service co-managed the area once it was acquired. It was, as you know, a long and controversial road. Today it's the most successful project in the surf (sic) program. Restoration of hydro period and sheet flow will more naturally approximate the wetland that it once was prior to the digging of all those miles of canals and roads. It will benefit the downstream estuarine areas that have been deprived of adequate freshwater flows, thereby helping wildlife and fishery. Commissioners, the Florida Wildlife Federation would ask that you support Commissioner McDaniel's resolution this morning that requests the Florida Forestry Service to consider amending their May 8, 2018 Page 44 10-year resource management plan for the Picayune to permit the use of swamp buggies only and only during the Florida Fish and Wildlife Conservation Commission hunting season which, compared to other hunting seasons around the state on wildlife management areas, is a very brief one. We also endorse the idea of the Florida Forestry Service designating existing roads and trails out there in the Picayune for use only by swamp buggies. I do agree that we need to define what a swamp buggy is. Serving on the Off-Road Vehicle Advisory Committee in Big Cypress for many years, off-road vehicles, which were permitted in the original federal legislation for recreation access, were difficult to manage. Very controversial. We found out that some vehicles were not suitable for use out there. Anyway, thank you. And the Florida Wildlife Federation, we have always felt that the public should be able to enjoy these areas that they pay for and acquire in a responsible, ethical way, and we'd like those changes made and to strengthen the intent of the resolution. And, finally, we will contact the Florida Fish and Wildlife Conservation Commission. We'd like to see check-in and check-out reestablished out there. Thank you. CHAIRMAN SOLIS: Thank you. Commissioner Taylor? COMMISSIONER TAYLOR: My questions -- MR. ADAMS: If you have any questions -- COMMISSIONER TAYLOR: I don't have questions of you, sir, but thank you. My concern was that also, about, you know, a swamp buggy is a swamp buggy, and I don't know how we regulate it. And I applaud your initiative here to open this up, but I think we need to frame it just May 8, 2018 Page 45 because of who we are as a -- COMMISSIONER McDANIEL: Well, the thought that I had -- I did meet with Nicole and Kathy yesterday, and I am comfortable in adjusting the language to specifically exclude ATVs. I don't want to run over into ORVs and other designated -- COMMISSIONER TAYLOR: What is an ORV? COMMISSIONER McDANIEL: Well, off-road vehicle. That's what it stands for. And that could be a definition of a swamp buggy. So ATV is a very specific definition, and it's those loud, noisy ones that we don't want running around down there. And so -- and I do -- I shared with Ms. Kathy yesterday as well, I will work with the Forestry Department in assisting with the rules for regulation. There are things from a self-regulatory standpoint Captain Frank and I spoke about last month or so, for those of us that do recreate in the park, do -- we can self-regulate ourselves through a reporting process. So -- and enhance the law enforcement capacities for the potential of an overrun and that one, necessarily, bad egg that might be overreaching and doing something that's not -- that's not fitting. So I would -- I would be okay with adding -- we have swamp buggies only but -- and specifically exclude ATVs within this motion to allow it to go forward and then work with the Forestry Department on an as-needed basis to assist with the rules that they develop, so... And, again, we're just promoting -- or suggesting to them that they do this as a board in support of that, so... COMMISSIONER SAUNDERS: There was a third type of vehicle, a UTV. CHAIRMAN SOLIS: ORV. COMMISSIONER McDANIEL: Yes. COMMISSIONER SAUNDERS: What it that? COMMISSIONER McDANIEL: That's a utility terrain vehicle. It's a heavier four-wheel-drive vehicle as well. And, again, I specified May 8, 2018 Page 46 in the resolution "swamp buggies," and then there is -- then there's a discussion about -- of what a swamp buggy is. I think if we keep it simple -- I'd be happy with excluding ATVs for now and let the Forestry Department actually pick. Because it's all going to be by permit. There's going to be a fee, and it's going to be approved by the Forestry for this use. So I think if we allow them to be able to make these theoretical discretionary decisions themselves, it will be fine. COMMISSIONER SAUNDERS: Could we -- once those decisions are made, could we bring this back for our approval? So right now we're approving -- COMMISSIONER McDANIEL: We're not approving anything. We're just sending a letter to the Forestry Department that we're in support of allowing these uses to be done by a rule change to the management plan for the forest. We're not -- all we're doing is showing our support for this access for these vehicles. COMMISSIONER SAUNDERS: So Forestry will, perhaps, limit those. COMMISSIONER McDANIEL: Sure, absolutely. And let that up -- let that be up to them. COMMISSIONER SAUNDERS: Okay. COMMISSIONER McDANIEL: That would be my preference, anyway. COMMISSIONER SAUNDERS: Okay. COMMISSIONER FIALA: And the wording of the motion, then, would fall into this category? COMMISSIONER McDANIEL: Exclude -- I'd be happy with specifically excluding ATVs as a definition. CHAIRMAN SOLIS: And just so I understand, and why not exclude the others if it's just swamp buggies? COMMISSIONER McDANIEL: Well, there -- I haven't May 8, 2018 Page 47 reviewed -- this came at me yesterday. I was pretty comfortable with the just designating swamp buggies only, but when you move over into the definitions of the UTVs and the ORVs, then there could be co-mingling there with what a swamp buggy, in fact, is as well. And I don't want to preclude that. So that was why I was comfortable with the "swamp buggies only." Captain Frank and I talked about it as well, so -- but this came -- this -- Kathy and Ms. Nicole from the Conservation came to see me yesterday and raised these issues, and I haven't reviewed those specific definitions, so -- I know that ATVs are pretty -- that's a pretty specific definition. When you move over into ORVs and UTVs, there could be a co-mingling of that use as a -- designated as a swamp buggy. I own a swamp buggy. It's got 44-inch mudders. It's a deck buggy, and it goes in deep mud when I want it to. So it's a pretty specific item. You can actually see what it is. And I don't think that there's a lot of potential for cross-pollenization here for other types of vehicles that aren't actually swamp buggies. So there you go. COMMISSIONER FIALA: So your motion stands. COMMISSIONER McDANIEL: With the -- and I'll make that adjustment if it helps just to exclude the definition of ATVs. I'll make that adjustment to it. I mean, I'm fine with that. I don't want to go over into ORVs and UTVs at this stage just for fear of excluding somebody who would be considered under that definition. COMMISSIONER FIALA: Okay. Well, then my second will hold. COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: Do those other -- are those other kinds of vehicles, do they have specific definitions like ATVs do? COMMISSIONER McDANIEL: I already shared with you, Commissioner Solis, I haven't reviewed the definitions of those. I am familiar with those activities and those utility vehicles and the off-road May 8, 2018 Page 48 vehicles. I know, you know, there's definitions for all kinds of things, especially when we move over into that legal community side. And I just -- I don't want to get caught in the cross-pollenization excluding someone by specifying a particular acronym for a vehicle. I specified in the -- and spoke with the environmental community and specified swamp buggies only, so... CHAIRMAN SOLIS: Ultimately, the definitions and all this are going to be up to the Forestry Division. COMMISSIONER McDANIEL: Agreed. COMMISSIONER TAYLOR: And will it have to come back to us for approval? COMMISSIONER McDANIEL: No. This is -- this is showing our support for the Forestry Department to allow for swamp buggies to be utilized on designated roads and trails and specific time frames and hunting seasons in the forest. And we can call the question, unless you've got another question. CHAIRMAN SOLIS: I think I have another question. Is there any reason why we wouldn't request that the forest service come up with a definition of what's going to be considered a swamp buggy? And, you know, being hampered with a law degree, not having something defined is always not something that I think is a good idea. Will Forestry come up with a definition, or is it just going to be an undefined term and subject to whoever wants to bring a vehicle in? COMMISSIONER McDANIEL: Well, I'm not quite sure how the Forestry's, in fact, going to do it. There is a management plan. There is a 10-year resource management plan that is, in fact, in place that is up for review right now. There is an arc (sic) committee that meets regularly every 60 days to manage the rules of the park. And the suggestion when I spoke with the executive director of the Big Cypress and the folks from the Forestry Department in regard to this, there was very specific direction May 8, 2018 Page 49 as what we could do as a board to show our support to the Forestry Department to allow public access -- further enhanced public access for the park. And the word specifically of "swamp buggy" was given to me, said to me, by one of the folks from the Forestry Department, which is why I included that language in the resolution. This came -- this initiative came to me as a public request, and then I coordinated that with the Forestry Department so that there was little to no confusion on what this is. So I would assume, Commissioner Solis, that there is a definition of -- you know, Big Cypress National Preserve, I met with Superintendent Pedro Ramos last week. He was instrumental in allowing for off-road vehicle use in the preserve, in the national preserve. I have a sticker on my buggy that allows me to go down -- it costs $50, and you have to go there, and the law enforcement officers all crawl around on your vehicle and make sure your lights work and you don't have any fluids that are coming out and all those sort of things. So it is a rather intense process, and I would assume that the Forestry Department would, in fact, take that lead that's already been set by the National Park Service for off-road vehicle use in the Big Cypress Preserve. So, again, right now we're just, as a board, showing our support for public access in the state forest. CHAIRMAN SOLIS: Any other questions? (No response.) CHAIRMAN SOLIS: There's a motion and a second. I think the motion's been amended and still seconded. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SOLIS: Aye. May 8, 2018 Page 50 COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? COMMISSIONER TAYLOR: I'm opposed because I wish we'd done it a different way, and I'm not -- and I don't mean to be persnickety about it, but I wish we'd gotten a definition of a swamp buggy from Forestry so I'd feel more comfortable. I just -- when you talk about utility -- COMMISSIONER McDANIEL: UTVs. COMMISSIONER TAYLOR: Yeah, that just says big, heavy, that kind of thing. And I know what swamp buggies are, you know. I know -- I'm just -- I'm concerned about the breadth of that definition. COMMISSIONER McDANIEL: And I appreciate that concern. If you would like, I can, off-line -- well, when you and I are allowed to talk. I know we can't hardly get within three feet of one another. But I'd be happy to supply you with the definitions of these individual vehicles. I'm just concerned at the last second, if you will, last minute or so of cross-pollenization of things that could prohibit this use, and that's all. And you're certainly welcome to -- and, please, I appreciate your concerns. I would like to show our support, and I'll be happy to work with you. And I have said regularly I'll be happy to work with the Forestry Department about this -- about this potential use, so... COMMISSIONER TAYLOR: Again, I'm not opposed to swamp buggies. COMMISSIONER McDANIEL: No, none of us are. COMMISSIONER TAYLOR: I'm in support of that. It's the other two. So perhaps if there is a snafu, maybe you would bring it back to us, and we could amend our resolution at some point if it needs to be clearer. COMMISSIONER McDANIEL: I'd be happy to do that as well, sure. May 8, 2018 Page 51 COMMISSIONER TAYLOR: Thank you. COMMISSIONER McDANIEL: As I'm working with them just to promote this, I'd be happy to do that. COMMISSIONER TAYLOR: Thank you. Thank you very much. COMMISSIONER McDANIEL: Yes, ma'am. CHAIRMAN SOLIS: And I was just going to say that I'm in favor of supporting it, but I have my concerns, because the cross-pollenization goes both ways. COMMISSIONER McDANIEL: Absolutely. CHAIRMAN SOLIS: That's the issue. There could be overlap either way so -- and whatever correspondence you have, I'd appreciate being -- COMMISSIONER McDANIEL: I'd be happy to keep you updated. And I think it's really important, you know, just to say this out loud. I was a guide for the Wounded Warrior Turkey Hunt in this forest two years ago, and I am allowed today to drive my one-ton four-door 8-foot-bed, 9,000 pound pickup truck in the forest today. Now, there's places I can't go because it sinks, but that's something for us to remember. We are allowed and can go down there with -- as Captain Frank said, there is no check station. You just cross over the bridge and go down Miller Boulevard, and there you are; you're in it. And so -- and I traversed all through the forest when I was guiding that Wounded Warrior two years ago on a turkey hunt, so -- in my truck. So this is just -- this is just another process for us to be able to enhance public access in certain areas that you can't get to in my truck, or in a truck, per se. CHAIRMAN SOLIS: Very good. COMMISSIONER McDANIEL: And thank you for your support, by the way. May 8, 2018 Page 52 MR. OCHS: Mr. Chairman, following your 10-minute court reporter break, I've been asked by one of the candidates for your special magistrate contract if the Board would be kind enough to take those two items up immediately after the break because he's got a court case. COMMISSIONER McDANIEL: What's he got, a job or something? CHAIRMAN SOLIS: Absolutely. MR. OCHS: If you'd like to take a 10-minute break, and then we'll go right to Items 12A and 12B. CHAIRMAN SOLIS: We'll come back at 10:38. MR. OCHS: All right. Very good. Thank you. (A brief recess was had.) MR. OCHS: Mr. Chairman, you have a live mike. Item #12A THE BOARD TO CONSIDER EXTENDING THE AGREEMENT FOR SPECIAL MAGISTRATE BRENDA C. GARRETSON FOR AN ADDITIONAL TWO-YEARS, TO TERMINATE ON MAY 15, 2020 - MOTION TO RE-APPOINT MS. GARRETSON TO AN ADDITIONAL 2 YEAR AGREEMENT – APPROVED Item #12B REQUEST FOR PROPOSAL (RFP) #18-7298 TO PATRICK NEALE & ASSOCIATES FOR SPECIAL MAGISTRATE SERVICES FOR CODE ENFORCEMENT DIVISION - MOTION TO CLOSE THE RFP AND DENY APPOINTMENT OF MR. NEALE – APPROVED May 8, 2018 Page 53 MR. OCHS: Yes, sir. That takes to us Item 12 this morning, County Attorney's report. We have two related items. Item 12A is a recommendation for the Board to consider extending the agreement for Special Magistrate Brenda Garretson for an additional two years, and Item 12B is a recommendation to approve an RFP to Patrick Neale & Associates for special magistrate services for code enforcement work. And I'll let Mr. Klatzkow cover these items. MR. KLATZKOW: You can take these items separately or together, depending upon the Board's desire. CHAIRMAN SOLIS: I mean, I think it's essentially for the same position. Why don't we just take them together, right? I mean, these things are overlapping, are they not? MR. KLATZKOW: Yes, they are, sir. CHAIRMAN SOLIS: So unless there's an objection, I would say let's just proceed with both of them. COMMISSIONER FIALA: Okay. CHAIRMAN SOLIS: Okay. Very good. Is there a presentation? MR. KLATZKOW: You have two applicants for your special magistrate's position. Your current Special Magistrate Brenda Garretson, and you have a Mr. Patrick Neale, who is, in essence, applying to be your new special magistrate. The ordinance allows you to have multiple magistrates if that's what you wish. MR. MILLER: And, Mr. Chairman, both of these candidates have registered to speak today. CHAIRMAN SOLIS: Okay. There's lights on. Do we want to speak first, or do you want to hear from the speakers? COMMISSIONER TAYLOR: Let's hear from them. COMMISSIONER FIALA: Sure, whatever you would like. CHAIRMAN SOLIS: Speakers first? COMMISSIONER McDANIEL: I'm fine with that. May 8, 2018 Page 54 MR. MILLER: Your first speaker is Brenda Garretson. She'll be followed by Patrick Neale. MS. GARRETSON: Good morning. I am Brenda Garretson, the current special magistrate for Collier County Code Enforcement, and have had the privilege of doing that job for -- this is my 14th year. I enjoy the job very much. And I've had the pleasure of working with very talented people over these many years. And I also have the distinction of being the person who actually drafted the original code enforcement ordinance that created the Code Enforcement Board, which is the genesis of the whole program. And it was very curious to me when -- I didn't realize exactly how old I was until I looked back at all the things that I had done over these years. And I have been a civil servant serving the citizens of Collier County now, with my previous positions as assistant county attorney, as a retired judge, and as a special magistrate, for 27 years. And I love serving the citizens of Collier County. I take very seriously the job. I think that it's very important that you have an independent special magistrate who hears cases that involve your citizens having an opportunity to come and have a hearing, that it comes before a special magistrate that is independent of the county and that they have a fair and impartial hearing. I think that retired judges have a particularly unique perspective that they bring to this position, because they're already in a judicial mindset before they get here. Our citizens expect that they're going to be given an opportunity to tell their side of the story. They also expect that they are going to have procedural guidelines that are followed appropriately, and I've found over the years -- it's going to be very hard to do this -- COMMISSIONER McDANIEL: You've got 30 seconds. MS. GARRETSON: -- in 30 seconds. Well, I do -- would actually ask you if I can have an extension of time in this particular May 8, 2018 Page 55 case. CHAIRMAN SOLIS: Well -- MS. GARRETSON: And I would ask for Mr. Neale to have the same opportunity. COMMISSIONER SAUNDERS: Mr. Chairman, generally -- this is not public comment. This is an applicant for a contract. CHAIRMAN SOLIS: Right. COMMISSIONER SAUNDERS: We usually let applicants speak for as long as they need to get their -- CHAIRMAN SOLIS: Is that normally the way we handle these? MR. OCHS: Discretion of the Chair, but in cases like this when it's a vendor contract, it's typically not limited to three minutes. CHAIRMAN SOLIS: Oh, okay. All right. MS. GARRETSON: Thank you. CHAIRMAN SOLIS: How about another three? Can we do it in another three? MS. GARRETSON: You know me, Mr. Solis, so -- time specific is something that I will try my best for. One of the things that I wanted to also point out to you is that this is a job that you've just recently -- you have an ordinance that you wish to have an expansion of the duties of the special magistrate to include bid protests and the payment protests. Both of those things do require writing ability. That's something else that comes with the package when you have a retired judge. I've actually already done both of those things as a hearing examiner, was appointed by the Board to handle two -- at least two. Jeff, I'm not sure if I've done more than that, but -- multi-million-dollar bid protests, and I enjoy writing. As I said, I've written ordinances, drafted, ordinances -- and, obviously, opinions over many years as a judge. I see this position as being one that's going to be evolving, that you're going to find more things that the county can see the special May 8, 2018 Page 56 magistrate doing over the years to help with dispute resolution, and I will continue to see it as the responsibility of the special magistrate to make sure that anyone that appears is given an opportunity to be heard and that it is a fair and impartial hearing. Sometimes the county makes mistakes, and they should be held accountable. I think that's what the citizens expect; that they are not coming and are always going to lose, because the -- that's what the special magistrate's job is, to hear the facts and see if a mistake has been made. That's why Paul Harvey had it right, you know, there was always another side to the story. And I like to hear that from the person that is being alleged to have violated one of our ordinances. I am requesting a reappointment and extension of my contract for two years. I would like to have the extension that the ordinance provides for. The ordinance, if you review it, does have two-year contracts and two-year extension, but I won't work forever. I would encourage you to consider retired judges in the future, and I know some that would be very excellent in this position, and I would encourage them to apply in the future. I thank you very much for allowing me to speak today and for the extra time, Mr. Chairman. And I'll answer any questions that you have. I think I made it. CHAIRMAN SOLIS: Perfect. Any questions for Ms. Garretson? COMMISSIONER TAYLOR: Yes, I do. Ms. Garretson, you mentioned that you were -- you'd like a two-year with a two-year extension. If you had that, does that mean not after that, or is that -- that's just an expanded contract rather than just a two-year. MS. GARRETSON: That's all that I would like. I would be at a stage in my life where I would not want to go any further past that. May 8, 2018 Page 57 That is the most I would want to work. I'd like for you to put me out to pasture at that point. COMMISSIONER TAYLOR: Would you consider succession planning? MS. GARRETSON: Of course. COMMISSIONER TAYLOR: That's it's. MS. GARRETSON: I love sharing things with people. As a matter of fact, I love working with a two-year plan, a four-year plan, you know, and be innovative about how we're going to do things. I love working with staff about, you know, what are we going to do to improve what we have underway right now. How can we do better? We always should be looking for ways to improve and serve the public better. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SOLIS: Any other questions? Oh, okay. I see it. COMMISSIONER SAUNDERS: My understanding is that you were late in getting your materials in in response to the request for proposals. I had a conversation with the County Attorney concerning that a few weeks ago. And can you explain what happened there? Or am I incorrect? Was everything done timely, or was there some delay? And if there was a delay, what was the reason? MS. GARRETSON: Well, I'll give you the history, Mr. Saunders, Commissioner. As you know, last year my contract came up and, unbeknownst to me, there was a contract put on a consent agenda for Mr. Neale, which I found out about from someone that was not in the Code Enforcement Department. No one told me about it. So how my contract had been handled in the past was I was notified, your contract's coming up. Obviously, I knew when my contract was coming up, but I was sent notification, "Your contract is coming up. Would you like to renew it?" May 8, 2018 Page 58 And I have a form that got sent to me, and then I would reply and say, "Yes, I would like for my contract to be renewed." That was not done. And this was sent to me -- or not sent to me. I did not receive that notification, and the item was put on the agenda, but then it was withdrawn due to the fact that Mr. Neale was not qualified according to the requirements of the ordinance. There are three qualifications. You have to be either a certified mediator, an arbitrator, or a retired judge. Subsequent to that, last August, I called the Procurement Department and I asked, how will you be -- well, let me back up and say that I at that time inquired how it was possible for this to be put forward, somebody else to be put forward for special magistrate without there being an RFP, and I was told it was under the new procurement ordinance. So in August I called the Procurement Department and spoke with a person that handles those types of things, and I was told that under the procurement ordinance that the director of a department was able to select any person they chose, and if the procurement director had no objection, then that person could be chosen without notification to me. So I gave the information about myself, all my contact information, and said, well, as a sitting magistrate, I would like to receive notice if, in fact, that is being done, you know, having been the special magistrate for this many years, and she took my information. I called again in December; I believe it was December. My information was verified at that time. I asked of the director -- I think it was January -- what was going on with my contract. The response I got was, "I don't know." I saw the director on the occasion of each my hearings, which is once a month, the first Friday of every month. I also was in the Code Enforcement Department offices every month, because I go there to May 8, 2018 Page 59 sign my orders. No one spoke to me about any RFP being issued. The first time I found out that there was an RFP issued -- which, by the way, was issued January 29th of this year -- was when Mr. Ossorio came up to me on the day of my hearings April 6th, after the hearings were over, and said that my May hearings would be my last hearings. And I was very surprised, not knowing that the RFP had been issued. The deadline for the RFP was February 28th. Obviously it had passed. Would I have let it pass if I had known about it? I think not, because I had obviously submitted and met the deadlines in all the years past. It wouldn't even have been difficult for me to do that because I have copies of my previous ones which have not really changed. The RFP, by the way, is incorrect. If they had looked at the ordinance and looked at my prior contracts, they would see there's no longer a requirement for the -- well, I'm not going to go into that because that's not really appropriate in answering your question. But in any event, when I found that out, I called purchasing, as soon as I left this building, and asked for the person who was in charge of the RFPs. The person that I had dealt with previously had retired, and the person's name I was given was -- I was told was not available, but they gave me her voice mail. I left a message, a very detailed message, saying that I would like to have a copy of the RFP. I would like to know what date it was issued, what date it was final -- when it was to be -- the end time, the due date, and I never got a response and never got a return call. Called again, I would say, the next week and did not get a response. I've made quite a few -- I mean, the history since that time you probably don't want me to take the time to share with you. But I've spent a lot of time since then. Now, Mr. Ossorio, I can share with you, sent me -- told me -- the May 8, 2018 Page 60 day that he shared that, he said that people had been trying to get in touch with me by lots of phone calls and lots of emails from both the County Attorney's Office and from procurement. I checked my phone, I checked my computer, my iPad. There are no phone calls made from either place. He sent me an email that he said was sent to me. Well, I found out that this email for -- with another explanation, I guess, went to junk mail, but there was one email. It was sent from the director March 21st, after the deadline for the RFP, almost a month after the deadline. It was sent from the director, who had seen me at least five times, personally, to Mr. Klatzkow, asking Mr. Klatzkow why I had not applied, and then Mr. Klatzkow sent the email to me. Now, I don't know about you, but I'm used to people being up front with me, and if something is coming up like that and you're working with a person, I don't see any reason why you can't just say, "Your contract's coming up. What are you planning on doing?" Especially with someone that has been doing the work for that long a period of time. And, as a matter of fact, I'd like to point out -- and I had a lot of lawyers when I was judge say this: I'd like to point out, Your Honor, that as soon as I found out, I did something about it. I did not let any grass grow under my feet. CHAIRMAN SOLIS: Okay. Thank you. Any other questions? MS. GARRETSON: And I'm sorry that I had to put all that on the record. I would have preferred not to. CHAIRMAN SOLIS: Thank you. Okay. MS. GARRETSON: But I'm going to honestly answer a question when it's asked of me. CHAIRMAN SOLIS: Thank you. Shall we move on to Mr. Neale? There's lights on, so I want to make sure that nobody else has any questions for Ms. Garretson. May 8, 2018 Page 61 (No response.) CHAIRMAN SOLIS: We're okay to move on. COMMISSIONER FIALA: Hold till after. CHAIRMAN SOLIS: Okay. And I'd also like to hear from staff as well. MR. NEALE: Unfortunately -- CHAIRMAN SOLIS: I'm sorry. Can we hear from staff on the issues that were brought up first? MR. NEALE: Sure. CHAIRMAN SOLIS: I apologize. I think it would be just better for flow if -- MR. NEALE: I do apologize, because I've got a really hard stop at -- CHAIRMAN SOLIS: What time is your -- MR. NEALE: 11:30 is my hearing. CHAIRMAN SOLIS: 10:30? MR. NEALE: 11:30. CHAIRMAN SOLIS: 11:30. Go ahead and go then. I'm sorry. MR. NEALE: I apologize. CHAIRMAN SOLIS: The whole reason for setting this like this was so you could get to your hearing. MR. NEALE: I apologize. Again, for the record, Patrick Neale. I found about this bid because I subscribe to BidSync. And prior to that, I had subscribed to the Collier County purchasing, whatever it's called, procurement management emails. And so I found out about this through BidSync. I got a notification from BidSync that said, there's a new bid you might be interested in, but -- I don't know if you guys -- you probably know because you paid -- you voted to pay for it, but BidSync is the Collier County procurement automated system. That's what you're using now. May 8, 2018 Page 62 I found out about it from BidSync, went in, downloaded all the documents, figured out what needed to be done, and then submitted -- and I've got copies for everyone -- my application. I don't expect everybody to read this while we're standing here, but I just wanted to supply it to everyone so you know what -- one for Mr. Klatzkow, too -- supply it to everyone so that you know where we're working from. I submitted the RFP on February 27th. The due date was February 28th. I followed the rules; submitted the application. I then -- and I've got -- which is probably not necessary, I've got a confirmation here of what -- that being submitted. Then on April 18th I got a notification from BidSync, "Congratulations, Collier County has awarded you Solicitation 18-7298. Please be advised this does not constitute an order. You'll receive an official notification of award." Then on February 27th, I got an email from Sandra Herrera in the Procurement Department that said, "This agreement will be presented to the Board for approval on 5/8, and in order to meet our internal agenda deadlines we need the attached agreement signed and returned via email before 11:00 a.m., must be executed by an authorized officer of the corporation, sign where indicated, and have it properly witnessed," and they also needed two original signature pages mailed to them immediately. Well, this came in at 9:10 in the morning, and we managed to -- fortunately I was in the office. We managed to run around, stand on our heads, and we got that back to the county. I think the time stamp on the email was, like, 10:40. I applied for this position because I've had experience working with the county before. I was the Contractor Licensing attorney for 15 years. That, then, was put out for bid, and when it was put out for bid, I bid, other people bid. I was under -- my total fee was $12,000 a year. May 8, 2018 Page 63 I was underbid by $1,000 a year. Guess what? I lost the contract. That's what happens. I'm here because, you know, I bid this out at $195 an hour, which is a very substantial discount from my normal rate. I am doing it because I feel it's a service to the county. If the Board sees fit to have me proceed as being your special magistrate, being your new special magistrate, I'd be more than happy to do so. If the Board sees fit not to, I can understand that. I can understand you might want to keep someone who's been around for a long time even though, obviously, in my previous position, that wasn't a consideration. But I'm just here to answer any questions. I believe that my resume speaks for itself. I've been a member of the Florida Bar for almost 40 years. I've lived here in Collier County for 31 years, almost. I've been a member or served on just about every citizen's advisory board this county has had at some time in the past. In fact, I think Burt and I have a -- Commissioner Saunders, I have several proclamations signed by Mr. Saunders from when I served on various committees, and he was a former commissioner back then. So, you know, certainly I'm not doing this out of any malice for anybody. All I'm doing is trying to provide a service to the county. If the county wants my services, I thank you very much. If the county doesn't, I can understand your position. That's all I have, thank you. CHAIRMAN SOLIS: Hear from staff. MR. COYMAN: Good morning. For the record, my name's -- CHAIRMAN SOLIS: Unless anybody has any questions for Mr. Neale. I'm sorry. I keep trying to jump ahead. Any questions for him? (No response.) CHAIRMAN SOLIS: Thank you. Sorry. Go ahead. MR. COYMAN: Good morning. For the record, my name's Ted May 8, 2018 Page 64 Coyman. I'm director of Procurement Services. I want to elaborate a little bit about the notification of vendors. The county did switch bid platforms the end of last year, and in the case of Ms. Garretson, there were five notifications sent to Ms. Garretson: November 14th, 2017; November 27th; December 12th; January 2nd of 2018; and February 14th. The solicitation that's being discussed was advertised on January 29th. The bidding for that closed on February 28th, and the record indicated that Ms. Garretson registered her business interest on the bid platform on April 6th. So the notification that went out was the same notification that went out to all of our vendors, and the county's seen a very successful transition with the vendor community from the old bid platform to the new platform. The new solicitation that was issued was done at the request of code enforcement because the current contract expires on May 15th. We had one bidder respond; that was Patrick Neale & Associates. This was done as an RFP, and in your board package on Page 435, you would see the selection criteria of the candidates. There was a five-member selection committee that made the selection, and there were three key things that the committee was looking for and, specifically, one was Florida Supreme Court certified mediator certification. Mr. Neale does hold that. He was a -- he previously served as a court-appointed mediator, and he previously represented Collier County Contractors Licensing Board for 15 years. So the committee deemed him responsive, responsible, and made a recommendation to award to him, and that's what's before you today. CHAIRMAN SOLIS: Thank you. Any questions for staff? (No response.) CHAIRMAN SOLIS: No? Okay. Commissioner Fiala, I think -- May 8, 2018 Page 65 thank you. I think your light was on first. COMMISSIONER FIALA: Okay. I just had a small concern. First of all -- and that -- and it's coming from a personal angle, and that is my daughter works -- and she's been working at the same company for 16 years, 17 years, and it's all based on tips, right. And then they decided to expand their business, and so they hired another guy to fill in. They hired another guy to fill in, and that's fine, except that all of a sudden now they're trying to split the jobs between the two and, of course, her salary suffered. And she'd been so dedicated to them all of these years, and finally she said, you know, it's going to be me or him, whichever you want but, you know, now I can't take care of my kids because you've cut my salary so much. And the other guy had problems getting to work and all of this stuff. Well, he left shortly afterwards anyway. But I'm thinking, how do you take the job and you now split it between two people when you only need to give it to one person. It's been sufficient all of this time. And she's got such a good reputation. And, I mean, I've heard from people not only on the street, but I've heard from Code Enforcement offices that they like working with her. Why fix it if it ain't broken? That's my question. CHAIRMAN SOLIS: Commissioner Saunders, I don't know if your light was on or you had already asked your question. COMMISSIONER SAUNDERS: I had already asked my question, but I think -- and just as a quick comment, I have a great deal of respect for both applicants, and I wanted to just have on the record what had happened, because it's not typical that Ms. Garretson would miss a deadline. And so I felt that there had to be some reason, and that's why I wanted to at least have that articulated. And, you know, I don't know if you had subscribed to the platform or not but, you know, at least there was a reason. And so I'm May 8, 2018 Page 66 really torn because, as I said, I've got a great deal of respect for both applicants. So I really want to listen to what the commission has to say. CHAIRMAN SOLIS: Commissioner Taylor. COMMISSIONER TAYLOR: In preparing for this, I read the County Attorney's remarks about -- I believe it was -- I think it was on the item on our summary agenda where he praises the way the special magistrate has done a great job. I don't know exactly -- I'm trying to look for it right now. But, basically -- okay. So it says, this board, which is a special magist -- I guess it's the special magistrate board, was included in the original ordinance based in part on concerns then raised by Enforcement Board and is part as a review mechanism since the county had no prior experience with this process. Since its inception, the special magistrate has greatly exceeded everyone's expectations and, accordingly, this board has had no reason to meet since the hiring of the first and current special magistrate. This is our County Attorney. To me that says right -- why fix it? I mean, it's not broken. The other aspect is -- and I think I heard this, and I want to confirm it, is that this special magistrate would like another four years, and then that's it. I do think a retired judge -- my goodness. Mike Carr's sitting out there. Fred Hardt, if he isn't, he will be soon. We have an opportunity here, and I like the idea of a judge, because I think there's a process and -- now, I'm not the attorney, so forgive me, but I think as a judge there's a process that you bring to a hearing that an attorney who argues one side or the other doesn't have, and I think that's valuable. The whole idea of having a special magistrate to deal with citizens' matters is very important, because it's the face of our government to the citizenry. And I think it's a very important project, important position. May 8, 2018 Page 67 MR. NEALE: If I may, I do have to leave. COMMISSIONER TAYLOR: Yeah, I saw you leaving. MR. NEALE: I see where this is going, and I doubt whether I would ever bid on another RFP for this county. COMMISSIONER McDANIEL: We haven't even voted yet. COMMISSIONER TAYLOR: He just spoke, didn't he? All right. Thank you. CHAIRMAN SOLIS: Anything else? Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. It's too bad that Pat left before he heard me speak, but maybe he's still in the hallway. I've been torn, there again, as well. Commissioner Taylor, you're right, this is -- and there's no argument that the magistrate's been a huge benefit for our community, saved us court costs and so on and so forth. I'm disappointed in the process, procedures, good, bad, or indifferent. I think that this issue may -- could have been handled in a different manner. Be that as it may, there are contracts. I know about contracts. There are terms of contracts. All contracts have a beginning and ending date, expiration, and timelines within which for renewal and the like. I've been struggling with this. I know Pat quite well. I've spoke with Ms. Brenda about this as well. I know there is at the current stage, because of the stellar efforts of Mr. Ossorio, who's not listening to me right now -- I caught him talking to Jamie. That was all. I just caught him. I said, because of the stellar efforts of our Code Enforcement Department, we're reaching satisfactory solutions to the issues that arise regularly through code enforcement. And just so you know how I'm thinking, it would be my preference that we hire them both for a two-year term and then divide the work up accordingly and provide for a portion of what Ms. Taylor May 8, 2018 Page 68 spoke about, Mrs. Taylor spoke about, Commissioner Taylor spoke about earlier in that succession planning process. So that's my compromise, if you will, with a very emotionally-bound difficult subject matter. CHAIRMAN SOLIS: Thank you. And I would echo the same thing. I mean, I've known, you know, Ms. Garretson and Mr. Neale both for years and years. And there's two things. One is that we're expanding the cases in which the special magistrate will hear, right? I mean, we've added a whole 'nother category of things, so there will be more things to hear, I think. Secondly -- and this is kind of a procedural thing, because I realize that I had not communicated it to the County Attorney, and it was on the summary agenda. There is a revision to the ordinance which concerns me, and that is not to have a review process. I mean, not needing to use it is wonderful. Not having a review process and doing away with a board that will review how special magistrates work, I think, is unhealthy. I mean, I don't know why we would do that. And so, I should have probably pulled that and procedurally, maybe, I would have to bring a motion for rehearing, but -- COMMISSIONER McDANIEL: I'll support that motion. CHAIRMAN SOLIS: Yeah. COMMISSIONER McDANIEL: I support that motion. CHAIRMAN SOLIS: Let me finish this, and I'll do that separately. COMMISSIONER McDANIEL: Okay. CHAIRMAN SOLIS: Because, you know, it is a very important position, and it's working well. I mean, if there is a concern -- not a concern, but a need for succession planning, you know, I agree with Commissioner McDaniel that I don't know why we wouldn't, you know, expand our special magistrates and see how it goes, and -- May 8, 2018 Page 69 COMMISSIONER McDANIEL: This isn't a debate. I'm sorry, Mr. Chairman. I'm sorry. I didn't want us -- MS. GARRETSON: I was only going to give information; that was all. COMMISSIONER McDANIEL: The other applicant's gone, and I -- CHAIRMAN SOLIS: Right. COMMISSIONER McDANIEL: It's a deliberation. CHAIRMAN SOLIS: And we're just expressing -- MS. GARRETSON: I just wanted to give you information to give you help. That's all. CHAIRMAN SOLIS: Okay. Well, I mean, I'm just trying to say what I feel. MS. GARRETSON: I understand. CHAIRMAN SOLIS: Okay. So I would support that as well. I mean, I think -- I don't see what it would hurt. I don't see -- there's expanded roles that the special magistrate's going to play. There's going to be more things to hear, most likely. So I wouldn't have any objection to hiring both. Having said that, I would like to move to reconsider the amendment to the special magistrate ordinance, and I don't know if that's appropriate now or we can do it later, but I'm concerned that doing away with the board that was there to review whether or not it's working well because we haven't needed to use it concerns me, because then who's going to review it? And I don't think that that's a wise thing to do or a good reason to do it. It's never a problem till it's a problem. COMMISSIONER SAUNDERS: I would suggest that we deal with this -- CHAIRMAN SOLIS: Yeah. COMMISSIONER SAUNDERS: -- then make your motion May 8, 2018 Page 70 afterwards. CHAIRMAN SOLIS: Okay. Commissioner Fiala. COMMISSIONER FIALA: No. You just answered my question, so... CHAIRMAN SOLIS: Okay. One at a time. COMMISSIONER McDANIEL: Do you want me to make a motion? I'll make a motion that we offer contracts to both for a two-year term, similar terms and conditions. COMMISSIONER SAUNDERS: Can you add to that motion that staff will direct the flow of assignments -- COMMISSIONER McDANIEL: Happy with that as well. COMMISSIONER SAUNDERS: -- so that -- I mean, I think that would happen automatically, but... COMMISSIONER McDANIEL: I do, too. COMMISSIONER FIALA: I wonder if they, you know, direct them all to one and not the other, then what happens? I mean, you know, they might have a favorite or something, and all of a sudden you've got a mixed bag there and, I don't know, I just think there's too many problems to get into that. CHAIRMAN SOLIS: I think it's a great idea. Maybe that's something that the County Attorney's Office would be better -- COMMISSIONER TAYLOR: To supervise how they allocate. COMMISSIONER McDANIEL: That would be a good way to handle that. CHAIRMAN SOLIS: It could be done on an alternating basis randomly like the courts do. COMMISSIONER McDANIEL: I'll amend the motion to allow the County Attorney's Office to make the decision on the allocations of the cases. MR. KLATZKOW: We'll just one -- we'll just alternate meetings that they normally have, hearing dates that they normally have. We'll May 8, 2018 Page 71 be fair about it. COMMISSIONER McDANIEL: As always. COMMISSIONER TAYLOR: Is there a time limit -- for instance, when a case comes up, is there a time frame in which that case needs to be presented and heard in front of the special magistrate? MR. KLATZKOW: Yeah, there are some time frames, but that's not an issue if you want to alternate. COMMISSIONER TAYLOR: What I'm concerned about is the perception of favoritism to staff or to a particular code enforcement -- or a petitioner; that they could say, I don't think I want that person or staff, or they could say -- staff could say, uh-uh, I don't want this person to hear this. I want this person to hear this, because I want to make sure that my outcome is what I want it to be. COMMISSIONER McDANIEL: That's not -- that isn't even part of the motion. Staff's not -- has nothing to say with the -- with the delineation of the cases. MR. KLATZKOW: No, I understand what Commissioner Taylor's saying. You know, my thought process was to alternate the hearing dates between the two of them. As far as setting up the docket, you're going to have to trust that staff is not biased. And my experience is that staff is not biased. COMMISSIONER TAYLOR: Thank you. COMMISSIONER FIALA: I just can't figure out why we're doing this in the first place. We're trying to fix something that isn't broken, and I don't understand that. COMMISSIONER McDANIEL: Well, you're right. COMMISSIONER TAYLOR: I agree. I mean, we have a recommendation from the County Attorney. It's working fine. We have two years to look at it again. We have the applicant that says there will be succession planning. Why are we doing this? COMMISSIONER FIALA: I don't know either, so I can't -- May 8, 2018 Page 72 COMMISSIONER SAUNDERS: If I could ask the County Attorney just a quick question, and then I'm ready to vote on the motion; but I want to ask the County Attorney a question. We had a bid process. Pat Neale complied with it, submitted the bid, was advised that he would be receiving the bid. You had Brenda Garretson, for whatever reason, fails to get the notice and, according to the staff, there were attempts to make that notice available and that it was put on the county's bid package program. Once she found out about it, she submitted a full package after the fact. And just from a legal standpoint, I want to make sure that that's not creating some problem for us. I'm assuming that it doesn't because there's really no contract until the Board approves a contract. But is there -- are we going to create a situation, potentially, where other bidders may come in late for whatever reason, again? MR. KLATZKOW: A couple of thoughts: One, as the overriding principle, the Board has the ability to waive any irregularities in any particular bid, just as a general overview. Secondly, we're not -- we're not asking for widgets here. You only have a handful of people in this county, including the County Manager and myself, that are under contract directly to the Board. It's different than a vendor who's selling hammers to the county or anything else. This is a -- this is a relationship-based type of position more than anything else. And, you know, at the end of the day, I think staff should have sat down with the current special magistrate and said, you know, we're putting this out to bid, you know, and you give her the heads-up rather than relying on a bid support platform. COMMISSIONER SAUNDERS: Mr. Chairman, I know there's a motion and a second. I'm going to vote against the motion. My initial reaction was let's split the baby and try to, you know, appease both parties, but as I've listened to the discussion -- so I think that May 8, 2018 Page 73 motion will fail, if I can count to three. So I just wanted to explain my reasoning for not supporting that motion. COMMISSIONER McDANIEL: And -- COMMISSIONER TAYLOR: I'd like to make a motion -- CHAIRMAN SOLIS: Well, we have to vote on that motion first. COMMISSIONER TAYLOR: Oh, okay. CHAIRMAN SOLIS: So there's a motion and a second. COMMISSIONER McDANIEL: I have a question for Commissioner Saunders before we go in, if we're discussing the original motion. And, again, it's -- my premise for making the motion in the first place was to -- because there is a contract that is expiring right now with the existing magistrate that wasn't fulfilled. There was terms, conditions of the contract, a bid platform that wasn't fulfilled by the existing magistrate, that was my rationale for offering the position to both, just for purposes of clarification. I mean, it's a contract thing. And so that was the reason that I was leaning that direction, so... CHAIRMAN SOLIS: No other discussion? (No response.) CHAIRMAN SOLIS: So there's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SOLIS: Aye. All those opposed? COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Okay. Motion fails. COMMISSIONER TAYLOR: I'd like to make another motion to reappoint -- renew or I'm not sure the correct term -- MR. OCHS: It's a new contract. COMMISSIONER TAYLOR: -- contract with our current May 8, 2018 Page 74 special magistrate for two years and to review it again in two years with an understanding that she has at this meeting expressed interest that in four years she would like to retire, and that there is a willingness on the part of the special magistrate to plan for succession. COMMISSIONER FIALA: I'll second the motion. MR. KLATZKOW: Just for clarification, a two-year extension then? You mentioned four years. COMMISSIONER TAYLOR: I'd like to include a two-year extension with the understanding that it would -- so there would be a two-year contract. COMMISSIONER McDANIEL: We have a two-year contract -- forgive me. COMMISSIONER TAYLOR: -- with a two-year extension with the understanding that at the end of that four-year term there would be a new appointment because the special magistrate would not apply because -- COMMISSIONER SAUNDERS: Mr. Chairman, if that's the motion, I will vote against that motion as well. We are here to award a contract for two years, and at the end of two years, if we want to extend it for two years, we get to vote to extend it. I assume that's the way these contracts work. MR. KLATZKOW: Yes. COMMISSIONER SAUNDERS: But we're not approving a two-year contract and approving a two-year extension at the same time. COMMISSIONER TAYLOR: Oh, no, no. Then I misunderstood. Let me -- why don't you make the motion, and I'll second it. COMMISSIONER SAUNDERS: Just -- I would move to approve a two-year contract with Brenda Garretson. MR. KLATZKOW: And the extension agreement is attached to May 8, 2018 Page 75 your agenda. COMMISSIONER TAYLOR: Okay. Second. CHAIRMAN SOLIS: There's a motion and a second. All in favor, say aye. COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: All opposed? Aye. Motion carries. COMMISSIONER FIALA: I have a question as we end; you know, this is fine. Say, for instance, with the new provisions, and they have an extra caseload or lots of extra caseloads and they find that they do need somebody extra, would we then go back and look again at hiring somebody, if it was just next year, but hiring somebody to assist in those caseloads? MR. KLATZKOW: We could do that, yes. COMMISSIONER TAYLOR: That's a very good question. COMMISSIONER FIALA: Okay. Good. CHAIRMAN SOLIS: And I would also just want to comment on succession planning. I mean, this is not a -- you know, succession planning is usually in a business that's owned by the person that's going to retire, and that's not the situation. I think, you know, we have to have an RFP process, and people apply, and we have to follow the RFP process like we do on everything else. COMMISSIONER TAYLOR: Oh, of course, of course. But, at the same time, if there is a time frame of the special magistrate, the ability for that special magistrate to recruit people to apply for an RFP is -- can't be underestimated. Jack Walsh did this for years. CHAIRMAN SOLIS: I don't think that's the proper thing for the May 8, 2018 Page 76 magistrate to be doing. COMMISSIONER TAYLOR: To talk to retired -- CHAIRMAN SOLIS: To recruit other people. I think it's an RFP -- if we have an RFP process, we have an RFP process. COMMISSIONER TAYLOR: But to encourage retired judges to apply is not appropriate? CHAIRMAN SOLIS: Well, that's different from what you were saying. I mean, you're saying recruiting people and bringing people to the Board or something -- COMMISSIONER TAYLOR: No, no. CHAIRMAN SOLIS: -- other than saying -- you know, somebody suggesting that you should apply to be the special magistrate is one thing. Recruiting is taking an active role in trying to bring somebody forward to get the job. COMMISSIONER TAYLOR: I misspoke. CHAIRMAN SOLIS: That's a different thing. COMMISSIONER TAYLOR: Let me talk. Encouraging the retired judges, of which we have -- will have many in this community, to apply for this job, because it's a fascinating, rewarding job, and you've done it now for 14 years. MS. GARRETSON: Thank you. And I very, very much appreciate it. Thank you all very, very much. And you're welcome to come visit us at any time. COMMISSIONER McDANIEL: Oh, we watch you on TV all the time. MS. GARRETSON: My show? COMMISSIONER McDANIEL: Yes. MS. GARRETSON: Thank you. MR. OCHS: Mr. Chairman? CHAIRMAN SOLIS: Yes, sir. MR. OCHS: Mr. Coyman has asked to close the process here May 8, 2018 Page 77 under your procurement ordinance with respect to 12B, if the Board would make a motion to deny award of the RFP to Mr. Neale. COMMISSIONER SAUNDERS: I'll make that motion. COMMISSIONER TAYLOR: Second. COMMISSIONER McDANIEL: It's a matter of semantics. CHAIRMAN SOLIS: Motion and a second. All in favor, say aye. 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, sir. Mr. Chairman, did you want to deal with your request for reconsideration now or after the other items on the agenda? Item #17A – Motion to reconsider (Per Chairman Solis) MOTION TO RECONSIDER BY COMMISSIONER SOLIS. AN ORDINANCE WHICH EXPANDS THE POWERS OF THE SPECIAL MAGISTRATE, AND ELIMINATES THE SPECIAL MAGISTRATES REVIEW BOARD – ADOPTED W/CHANGES TO KEEP THE REVIEW BOARD CHAIRMAN SOLIS: I think we should just do it now. So the motion was to reconsider the -- it was 17A on the summary agenda. COMMISSIONER TAYLOR: And move it -- are we moving to discuss today? I don't know what the procedure would be. May 8, 2018 Page 78 MR. OCHS: County Attorney can advise on that. MR. KLATZKOW: You can discuss it right now, if you'd like. Just need three of you to say we'd like to discuss it. COMMISSIONER TAYLOR: Second. COMMISSIONER McDANIEL: Already did. CHAIRMAN SOLIS: There's a motion and 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: Okay. Thank you. As I said, it's -- we're removing a layer of oversight from something that's very important, it seems to me, on the basis that we've never had to use it, and I just -- I don't think that's -- if that review process wasn't working, it would be something different, you know, if there were issues with that. But I really would like to remove that deletion from the ordinance and just leave it in. COMMISSIONER FIALA: Could I ask a question on that? CHAIRMAN SOLIS: Yeah. COMMISSIONER FIALA: So say, for instance, we did remove it. I like your thoughts, though. I agree with that, but -- and then no sooner did we remove that and then they did need a review board, we might not have had one in 10 years all of a sudden we did. Where would you go to get that review? CHAIRMAN SOLIS: It would have to come to us. COMMISSIONER McDANIEL: Right, the Commission. CHAIRMAN SOLIS: We would be doing that. May 8, 2018 Page 79 COMMISSIONER McDANIEL: That's the way he set this up is for the Commission being the one to make that decision. MR. KLATZKOW: That's right. COMMISSIONER FIALA: Okay. MR. KLATZKOW: Just as if -- I mean, at the end of the day, it's your review of the Code Enforcement Board members, it's your review of your hearing officer, it's your review of Leo and me. This would also be your review. There's no reason we cannot continue the Special Magistrate Review Board if that's what the Board wants, though. COMMISSIONER FIALA: Okay, good. I know we talked about it in the office, but I think it would be a good thing to put on the record, so thank you. CHAIRMAN SOLIS: Okay. COMMISSIONER TAYLOR: Okay. So -- COMMISSIONER SAUNDERS: Is it a matter of just simply deleting some language? MR. KLATZKOW: I'll just undelete the delete. CHAIRMAN SOLIS: Undelete the delete. MR. KLATZKOW: I'll just undelete the delete, yes. COMMISSIONER McDANIEL: Undelete. CHAIRMAN SOLIS: Undelete the delete. COMMISSIONER TAYLOR: And let's review it again in two years. Let's see -- let's mark this and see where we are in two years. COMMISSIONER SAUNDERS: Well, since the County Attorney understands exactly what we have to do, I'll make the motion to do the delete -- COMMISSIONER TAYLOR: Exactly what the County Attorney understands we have to do. MR. KLATZKOW: I will -- you're amending -- COMMISSIONER SAUNDERS: We don't really have to delete the delete. We just never have to have a delete in there. May 8, 2018 Page 80 MR. KLATZKOW: We are amending the ordinance to increase the jurisdiction of the special magistrate. I will undelete the delete for the Special Magistrate Board, and that will continue unchanged. COMMISSIONER McDANIEL: Second. CHAIRMAN SOLIS: There's a motion and 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: It carries. Thank you, and thank you for the Board's indulgence on that. COMMISSIONER TAYLOR: You have worked overtime on that one, Terri. Sorry about that. Item #11A ACCEPTING AN UPDATE TO THE AFTER-ACTION REPORT PROVIDED DURING THE BOARD’S NOVEMBER 7, 2017 WORKSHOP REGARDING THE EFFECTS OF HURRICANE IRMA - UPDATE GIVEN MR. OCHS: Commissioners, that moves us to Item 11A. This is a recommendation to accept an update to the after-action report provided during the Board's November 7, 2017, workshop regarding the effects of Hurricane Irma. Mr. Summers, your Emergency Services Bureau director, will present. MR. SUMMERS: Commissioners, good morning. It's nice to be in front of you without an emergency and -- at least for now. May 8, 2018 Page 81 And we have an awful lot to share with you, and I'm in that dubious position of where we started out with only 110 slides, and we have boiled that down to 20, and I have just a few minutes before lunch. So let's see what I can do here, and brief you. I just have to just share with you that in my 30 years of experience in emergency management, one of the -- you gave us a very tall challenge with our March Irma after-action, and I want to tell you that I appreciate it. It's good stuff. It's been an awful lot of work while we run the county, we recover, we work through FEMA, and I am totally honored by your commitment to help continue to build preparedness and help build a disaster-resilient community. And so I will tell you that we -- the entire team has been working quite hard. And, as I've said, response is hard; recovery is harder, and we'll plugging away. Let me talk about the first initiative that you mentioned, and one of the priorities that you had in our after-action was to review commercial fueling. And we know what a challenge -- we remember the challenges that we had. We also know that we had a very unique storm situation. We don't want to discount that, of having both ports of Everglades and Tampa both being impacted or potentially impacted by this storm. What we have done at this point -- and a special thanks to Dan Rodriguez and his team at Hazardous Waste Division. They've mapped all the fuel stations, gone through an inspection process to evaluate resiliency. We're looking at point of sale. And one thing I need to just remind you in today's world is that it is one thing to have power at the gas pumps in order to pump fuel; it's another issue to have connectivity. We all have point of sale. We have Internet control devices on pumps, and sometimes those are separate chains of communication that can fail during the disaster. And does anybody May 8, 2018 Page 82 even use cash anymore today so -- as part of the transaction. So while we look at generator reliability and some mandates that we'll be discussing with you in the future, understand that that may not be the fix to everything because of Internet connectivity point-of-sale control. The team has inspected about 90 percent of the fuel stations, and what we want to do is to make sure that with these fuel stations, as you'll see in further slides -- what is available. We'll put that information out on the web. They have kindly -- and I know this is a little bit of an eye chart; certainly a big county. But this is what they have mapped so far. Nine retail stations in Collier County have generators; 34 have the generator transfer switch. And again, that's kind of a hole in state legislation in terms of the transfer switch and having the generator on site; whether or not the retailer executes the installation -- temporary installation of the generator. We have no one, to our knowledge, pending a generator or a generator transfer switch in 61 stations without any provisions. Now, the Florida statutes, which really came into place on about after Charley or Wilma, provided -- the state put in a legislative direction, but there was no -- there's no enforcement arm to that legislative direction, which means that a certain number of pumps, regardless of the number of pumps, but a station or station going through substantial renovation has to -- within the proximity of an evacuation corridor, has to have the generator transfer switch or the generator. What also is some discussing in there about periodic testing but, again, local doesn't have the necessary enforcement. They can provide us a letter. They can provide discussion. In this case the Solid Waste Division has been helping the emergency management program, and it does provide that if a generator transfer switch is not installed or in a newer substantially renovated station, the county can withhold the CO. May 8, 2018 Page 83 Now, let me provide -- COMMISSIONER FIALA: Let me ask one question, because I might have misunderstood him. When you said it provides that they have to have a generator switch and a generator, is that what you said? MR. SUMMERS: It's an "or," and it's that "or" that is exactly problematic as to what we're going to bring forth with some LDC discussions with you. It's a good point. It is an "or." CHAIRMAN SOLIS: Most choose to have a switch, not a generator. MR. SUMMERS: Most choose to have a switch, that's correct. So one of the things that we wanted to do -- because we are working with the staff at GMD to expand that legislative authority which we can do. There's no preemption concerns here in the LDC. And we have met with DSAC. We were scheduled to be with the Collier County Planning Commission last week, and we got postponed due to a very crowded agenda that they had. So the timeline below there means that we plan on circling back with you with LDC amendments on June the 26th. What we want to add in the LDC are those areas that were completely void -- essentially, a void in the legislation, and that is we want to talk about point of sale, we want to talk about flexibility to incentivize gas stations to put generators, especially where there's site constraints, okay. So there's going to have to be a little flexibility in the site plan or existing site plans to get these generators installed and ensure a third-party testing. And, again, this third-party testing is really what we think is the -- or a third-party attestation to the reliability was also really the cumulative effect of what happened in the nursing homes and rest homes where there was not a thorough inspection and a thorough testing process. So let me move forward through that, and some of this will come May 8, 2018 Page 84 to bear. Fuel strategies internal to Collier County. So we're going to address a component with the LDC. Now we're going to talk about internal operations. Work to date, there is listed with the towable fuel transfer tanks, and I believe that may be a 3- to a 500-gallon limit. That's all by law you're allowed to tow. The Sheriff has purchased a couple of -- four towable units. Fleet has been budgeted for an additional fuel tender, and that's kind of a representative sample as to what that vehicle may look like, and we're looking at the pony tank installation which, if you're familiar, that is the mounted tank in the back of a pickup truck, and that can provide certain provisions for fuel. And, again, that is something that does take some care and some training with the installation. Working with our Purchasing Department, bringing a consortium for a larger fuel contract base, using multiple parties and using, most likely, multiple vendors in a fuel cooperative. Mr. Coyman is managing that for us. We are going back out for an RFP for disaster refueling tankers. Now, that's a very unusual market, and we don't see many folks in South Florida offering that service. So that is a fuel tender, which is kind of what's illustrated in the picture here, that is a contract organization separate and apart from our bulk fuel. Now, one of the reasons that this is just now coming out is that we finally got an opinion from FEMA that FEMA would not let us use GSA contracts for these type of services. They'll let the state use it, but they won't let the counties use it. So that means that we're going to have to work through a new bidding process in order to secure that. It has been historically an option. The counties could use GSA contracting for these type of services. It's promoted by GSA and FEMA, but a new rule change has said that we can no longer use those May 8, 2018 Page 85 GSA contracts for this service. COMMISSIONER TAYLOR: Could you please explain GSA, what -- MR. SUMMERS: I'm sorry. General services administration under the U.S. Government has a large list of contracts and even a website that you can use their contracts for disaster support. But under the new -- some of the new FEMA financing and reform acts, they're now no longer letting local governments use this particular contract. And my presumption is is that they think that we might can lower that price. When GSA does a contract, it is for the entire continental U.S., so it's not broken down by region. So the thought process is that probably at the local level they would prefer we go through a different procurement strategy. Essentially, FEMA doesn't want us to piggyback mini contracts; hence, our own FEMA debris removal contracts, et cetera. COMMISSIONER TAYLOR: Lack of competition? MR. SUMMERS: No, I can -- no. I think it's just part of their continued push to reduce the cost of disaster at the local level. COMMISSIONER TAYLOR: So we have to go out and bid. So the idea is that we'll do better if we go out to bid in advance of? MR. SUMMERS: That's correct, yes, ma'am. But it was something that we had hoped that we could use, because it would save us that particular procurement and would open up multiple vendors, but we're going to have to go back out for our own outside procurement efforts. We are looking also at large volume rental storage tanks. We have found a rental vendor that has those. They are starting to demobilize a little bit of those tanks. Most all of these that were in storage have been in Puerto Rico for the last -- ever since Maria, but there are -- there is some of that large volume storage tanks starting to May 8, 2018 Page 86 come back to continental U.S., and we found a rental firm that can help us with that. And we've also been evaluating military type fuel bladder storage where we would have a lay-down pad, and we could store fuel in a like multi-thousand gallon fuel bladder; something that the military uses. COMMISSIONER TAYLOR: And where would we store that bladder? MR. SUMMERS: We would have to store it, but it does collapse. It collapses to about the size of a pickup truck bed so that it is manageable in terms of storage. And then you unfold it, basically, like a large portable swimming pool with an enclosure. COMMISSIONER TAYLOR: At the beginning of an event? MR. SUMMERS: Yes. COMMISSIONER TAYLOR: And to anticipate the event, or to anticipate the hurricane season? MR. SUMMERS: To anticipate the event. And, again, we're going to review on the rental equipment as well. Now, the bladder is a purchase. They're not a rental. We're still evaluating that and looking at the cost-benefit of that, as well as the storage. The rental tanks, not a problem. When we start -- we'll make a conscious decision based on our time-delineated schedule to acquire those rental tanks, if needed. COMMISSIONER TAYLOR: Okay. Thank you. MR. SUMMERS: Okay. Let's talk about the nursing homes and rest homes. This has been a phenomenal challenge, certainly something that's been very unique. We're glad that the governor signed that legislation on March 26th. But if you'll notice, he put some April 30 deadlines to submission to local government, as well as AHCA, the Agency for Healthcare Administration. AHCA is still writing rule on a lot of this activity right now concurrent with the deadlines that assisted living facilities and nursing homes have. I am very proud of our team. Lauren Bonica, our human services May 8, 2018 Page 87 program manager, put an emergency power plan template together. We think we're the first county that provided such a format. And we had a webinar and a workshop with most of the nursing homes and rest homes present, gave them this template in order to help meet this requirement, allow us to quickly evaluate their emergency power plans, and make sure that they are moving forward with all of these emergency power plans and air-conditioning plans that they have to have. The majority of these agencies are complying. They are struggling in the marketplace between generators, contractors, maintenance people, all of these things that they need to be doing that the statute requires. They're all working very hard, but the market demand right now on generators is quite challenging. A lot of facilities that we've spoken to are renting equipment for the entire season while they wait on construction plans and renovation plans to come forward for their emergency cooling as well as their emergency power. Part of that, again, in the state legislation, has some holes in it, and we're going to bring this also for discussion to the Land Development Code. This will be part of a discussion we plan on having with you on June 26th. One of the things that was, again, missing out of the legislative effort was a third-party attestation to the reliability of that generator, meaning, has it been maintained? Has the fuel been properly conditioned? Has it been tested under a load? So many of these facilities are running the generator, running the engine part, but not transferring power; hence, they're not putting a load on the particular -- on the engine itself, and then the failure occurs. So we're going to bring that to you with some discussions within the LDC and had good comments, good favorable response in DSAC May 8, 2018 Page 88 on that particular component as well. External power. Our public utilities folks have just worked incredibly hard to address what the challenges were with lift station facilities, commercial power. We've met extensively with Florida Power & Light, and we're just one of hundreds that are looking for more and better out of FP&L. I know that they're working very hard on wind mitigation. If you'll notice on major corridors where they're replacing wooden poles with concrete poles. These are poles that should be in the 140-mile-an-hour wind load or greater. So they are working on hardening their network, at least their primary transmission lines. And I expect -- I believe their goal is 2024 is to have all major power lines, all of their primary and arterials managed at that wind-load speed. So that's good. After that, secondary lines, whether aboveground or below ground, will certainly, I'm sure, be a future phase in their hardening. Rental contracts, again, we know that we have to have a large number of rentals. We're going to work to refine that rental contract period where we can provide more specificity on the equipment, more specificity on the connectivity, and more -- as well as the delivery. Lift stations. Quite an accomplishment here but, as you know, we have put stations everywhere. And correct me if I'm wrong, Dan, probably public and private in excess of 700, close to 800 lift stations around Collier County. Just to give you a little historical perspective here with 2007 public Utilities Division started out with 22 portables and 21 master pump stations on generators. In 2017, which is the last 10 years, they've added 20 additional diesel generators, 16 portables, three diesel pumps, added to master pump stations, and 12 generators installed under the utility standards by the private developers. So we've increased at this point to 95 locations. And here's what I think is a phenomenal amount of work ahead May 8, 2018 Page 89 here, and that is working with FEMA under mitigation grant opportunities that might provide us as much as a 75 percent cost share against a 25 percent local cost share, a goal to bring 54 diesel generators and/or pump combinations over the next two-and-a-half to three years pending that FEMA timeline. CHAIRMAN SOLIS: Additional. MR. SUMMERS: Additional, that's correct. So bringing us up to 162. And there's master pump stations there with the December 2018 and 2019 goals for some of the master pump stations to get additional equipment and then five more portables scheduled for the summer of '18 procurement. The public and private activity is one of the development standards. The utility standards manual has certainly been under review. And what we want to do within that, especially for these private developers and the potential for the conveyance of these utilities to Collier County, is to put more -- greater resiliency in that construction. GMD will continue to inspect all lift stations in the unincorporated area. That inspection is expected to be done by September of 2018. They want to benchmark what we have with the inventory and the disaster resilience of the private lift stations as well and, again, look at ordinances to impose a maintenance shift on these private lift stations in terms of, say, a maintenance shift. But what we're trying to do is find opportunities to make those more resilient, whether it's power on site, whether it's power connections, could be elevated pump motors, as an example. Anything that will make them more resilient along that process and as part of that construction, whether it's repair, renovation, or new construction. Community resiliency, as a whole; and the buzz word that our emergency management industry has called the whole community, the May 8, 2018 Page 90 whole community approach. We're working very hard to address areas of sheltering the power, the logistics. Part of the additional LDC discussion coming to you will be what can we use at the community level such as clubhouses as an alternative for refuge where a community can -- maybe they won't need to shelter at that particular community center, but one thing that's very important is that they may need power, they may need restrooms, they may need Internet connectivity, they may need air-conditioning. So we're discussing and going to bring some options to you to discuss as an impact to the LDC. We're looking at county facilities across the board in trying to find some opportunities for hardening. That hardening could be anything from storm shutters, could be to window replacement, could be to generator connectivity. And, again, looking in two concepts for funding. Obviously some local funding, local match might be necessary, but looking at FEMA and their mitigation program, and there may be some opportunities where Collier County will fit into the Community Block Development (sic) Grants, the CDBG grants, that are just for disaster. Now, that is a large amount of money, but the rules on that funding and what the allocations have not yet been made, the governor's office of economic development will be the lead management agency for that CDBG grant money. And we're looking at some of the draft ruling making for that grant opportunity. We're going to continue to map future facilities that can support some strategic options and locations for the county. An example is that we just met with Dr. Jones at Florida Southwest last week to talk about some options of how we can utilize his campus. And I can't say enough about Dr. Patton and the school district and her commitment to participate with us not only in the public sheltering but other buildings that we might need for ancillary support. So we're working very hard with her. May 8, 2018 Page 91 As you all know, the legislature was really paying attention to Irma, and then we had the tragedy in Parkland. And, certainly, a lot of our momentum, rightfully so, was kind of lost with Irma as we were addressing school safety. Dr. Patton's team certainly has some requirements and activities under the new legislation that they're taking a look at. So I know they're catching their breath from that, and I know they'll certainly circle back with us as we continue to work on shelter issues. We have really kind of narrowed down how we want to address the employee engagement and disaster, and we had great attitudes, great support, great people doing great things during the disaster from the county staff. We're going to put that in a little different framework. We have a new policy that has been issued and will categorize our staff available for certain missions, provide them some expedited training through our Collier university, and do some hands-on lab work with them for things like generators and supply deployment supporting our logistics and PODS operations. So I think we've got a very, very good framework for how we want to implement the use of county employees in response and recovery. As I mentioned, Dr. Patton has been working with us quite cooperatively. The County Manager and Deputy County Manager and I enjoyed an excellent briefing from Dr. Patton on this subject a few weeks ago kind of restating her commitment to support our shelter operations. She's continuing to work on her power generation. As you know, we had some challenges with the generator at Palmetto Ridge. She's working to work on some load tests to make sure that there's a renewed effort in the preventative maintenance with her equipment. And she has partnered with us. Every shelter guide has her logo and our logo on it, and we've worked side by side to build training materials and video materials for all of her staff, and I think May 8, 2018 Page 92 that's a phenomenal commitment to have her employees, her principals, teachers, and staff, engage to help us with probably -- and as we're planning for 26 shelter buildings for the current season. I hope we don't have to use 26, but we're going to plan for 26. We're using rental resources. We're looking at rental equipment companies to come in and help us provide redundant power at some of these key shelter locations. As you know, Palmetto Ridge is our special-needs shelter, and we want to continue to have a backup to the backup at Palmetto Ridge, and we'll do that through rental. Middle schools will most likely become our pet-friendly shelter. Dr. Patton has spent time working with staff to do a little bit pet-friendly shelter training that's been involved there, and she has certainly opened the door. And we had a very successful pet-friendly shelter operation there. And we'll be working with the Sheriff and the fire districts to de-conflict some of these buildings that we need for ancillary support, whether it's for deputies, whether it's for county employees, families, whether it's for fire districts that want to move a command post from their station further inland. So we're going to re-roster, if you will, ancillary support buildings. Communications and customer relations; as you know, we had millions of social media hits, and 35,000, I think, phone calls to the hurricane hotline center that Ms. Price operates. We are going to work hard to put some structure in that communication process so that we get more information that can be in digestible bites so that the County Manager can get that out and make sure that press releases and briefings are relayed to you. The communication plan with Everbridge; we now have onboard our alert and warning coordinator who will be -- will be bringing the Everbridge system, which is an automated alert notification system. That will be a discussion for you-all in the future but will allow May 8, 2018 Page 93 residents to opt in so that they can get emergency messages as well. So we'll be bringing all of those activities to you. We're about 85 percent done with the Everbridge setup, so we'll be on schedule to have that ready for the hurricane season. Public information initiatives; we want to continue to make sure that we use as much signage as possible. We always have a risk. It's about getting those signs out pre-landfall, and will they be safe. Will those signs -- can we protect those signs during landfall, and can we redeploy and get them out as needed post-landfall event. If you'll remember, a lot of discussion about not really -- folks not really recognizing that it was county employees that were out there making deliveries, and we're going to work to bring a county logo and a safety vest to county employees. So not only for their safety and working in the roadway, which is a DOT requirement, but also to make sure that if a citizen sees someone in a blue vest, they know they can ask for some help and some guidance. The joint information center concept, we want to continue to invite the Sheriff and the municipalities to join us in that joint information, which is that one location for media information to be processed and disseminated, making sure that we're putting out rumors and conveying on behalf of the municipalities, the county, and the Sheriff, the pertinent agencies, all the pertinent information, so working that joint-information concept. Yes, ma'am. COMMISSIONER TAYLOR: How did it work with our cities in this issue? I mean, certainly, Everglades City had enough to deal with. But I'm thinking the City of Naples, because they had their own EOC, and there was a distinct lack of information about exactly what was going on in the county. MR. SUMMERS: Well, I think a couple of things that we're doing. We're going to -- a couple of approaches here. Number 1, we May 8, 2018 Page 94 certainly want to, again, express our invitation to have the city have a media representative or a public-information officer there. The fire department was the primary liaison in the EOC, but they obviously got overwhelmed by response and operations and logistics. So we want to make sure that we, again, offer that invitation to the city, making sure that there's seating for that city representative as well. And the city is joining us, as you know, in our collaboration software in the EOC, so I think we'll have a better -- not only a mechanical process, a personnel process, a technological process. So we welcome that, and we'll make sure that we're pumping information to them and vice versa, that they're sharing information with us. COMMISSIONER TAYLOR: Okay. Thank you. MR. SUMMERS: And we're open to any further suggestions with the city or any process that they'd like to revisit; we're happy to have that discussion with them. COMMISSIONER TAYLOR: Have they offered -- asked you to come to present to them of what could be rather than what was? MR. SUMMERS: No, ma'am, but we continue to have -- we have monthly training in the EOC where we invite internal and external agencies. So we've not had that specific invite, but we're very happy to accommodate that discussion. And the Deputy County Manager and I presented on the hurricane, and I believe you were there when we did a Leadership Collier event as well. So we hit the highlights of some of that, but we're certainly happy to reenergize that dialogue. COMMISSIONER TAYLOR: Thank you. MR. SUMMERS: Just a few more logistics. Again, I think we did a very good job, but we worked awfully hard, and I'd like for us to work a little bit smarter next time. As you know, we offloaded about 63 tractor-trailer loads of commodities. May 8, 2018 Page 95 In my perspective, it was the best commodity delivery operation I've ever had with the State of Florida. The goods and commodities we requested were on time. Again, we're going back and looking at some of these FEMA contracts that we -- our GSA contracts, general services administration contract, that we may not be able to use, and we might need to go in and contract and have a contractor available that actually does some of this logistical support. Might take a little bit of load off of the county employees. We are interviewing our volunteer and donations coordinator. We had to post that three times, but we now have a very excellent group of candidates; we're 75 percent through with that interview process and very anxious to bring that individual on board. There's a lot going on in long-term recovery right now. Broward County United Way just won the long-term disaster case management contract, a multi-million-dollar contract from FEMA. They're just getting started, getting that organization set up. This individual worked very closely with the long-term case management efforts of FEMA and the state to continue to support our residents. We're anxious to find an opportunity and a funding resource to enclose the east bay of the EOC. That, logistically, worked out really well. But until we can get some air-conditioning and get some waterproofing done in there, we run the risk of being at the mercy of Mother Nature as we store and distribute commodities there. We are hopeful that the state does not do away with their logical warehouse operation in Orlando. That's come under some scrutiny, and we hope that FEMA and the state will continue to build that first push of logistics for the state and Orlando. All 63 of our tractor-trailer loads came from Orlando and right out of the state's inventory. So that worked extremely well, and we want that service to continue. May 8, 2018 Page 96 Just a few more quickly. We're working really hard on this critical care for these special needs clients, these that are functionally challenged. We're going to have to go through some process and triage who is best suited for the special needs shelter, who can we get some space at in critical locations, maybe other hospitals or nursing homes but, without a doubt, our aging population and our age population who have some very critical needs, such as electrically dependent, those numbers are only continuing to increase. So we're finding -- we're talking to the Department of Health who has the statutory responsibility for that care, but emergency management is to support them logistically. We're looking at all types of opportunities to find ways to beef up capacity. We're also talking with the state because, frankly, some of those support teams that should have come to Palmetto Ridge were late, and we needed them much earlier. We needed a larger manpower force. Same kind of situation. We were competing with 47 counties for mutual assistance, and a lot of that mutual assistance was tied up in Harvey as well, but we are working to better support that special-needs effort. I could spend an entire day on that. Finally, mutual aid for other things, and I kind of refer to this as to the folks with shovels and dump trucks. But we have always been a participant in the statewide mutual aid agreement resources. As I mentioned, from 47 counties drawing on a national mutual aid network after Harvey made these resources scarce. Our traffic ops folks are looking at mutual aid partnerships with similar-size communities on the east coast. And one of the things I just -- I need to make sure that you understand what this mutual aid is. Number one, it is, in some cases, depending on the arrangement, it can be at no charge. I help you; you help me. But that's okay after (sic) a couple of days. Much beyond a few days, maybe a week or so, obviously these agencies incur costs. May 8, 2018 Page 97 We would incur costs supporting someone; they would incur costs supporting us. But the other challenge in this mutual aid is housing. So one of the things you have to be careful, you ask for these folks to come in and work 12-, 14-, 16-hour days to help your community rebuild, but there is a component there for housing, food, fuel, and that has to be taken into account. And, again, if you get -- you start bringing in large numbers of mutual aid; you've got to have a completely separate overhead organization to support them. So there's always a balancing act in what you request for mutual aid and how can you care for those people if they're here working for you for a very long period of time. The Florida WARN, which is a Wastewater Agency Response Network, is a separate mutual aid agreement engagement, and the chart there kind of gives you a little bit of understanding of bridging the gap in mutual aid. And, finally, Collier County does participate in the Emergency Management Assistance Compact. And, again, that is essentially allowing us a contractual or a purchase order type arrangement with other municipalities or other response agencies to come in and help us. We'll do some more training on that Emergency Management Assistance Compact business process. Frankly, Florida should have engaged as a state in the EMAC process a little bit stronger. The counties are not necessarily dependent upon the state to engage the compact, but we certainly like working through the state in that endeavor, and we'll make sure that our team understands that mutual aid process. Ms. Price would like to give you a little update on reimbursement, and this is the last slide, and we will both be here for your questions. Len? MS. PRICE: Good afternoon, Len Price, for the record, May 8, 2018 Page 98 Administrative Services administrator. This process has been arduous, to say the least; however, I think we've finally turned a point where we've got $12 million in requests to the state right now that they're working on processing. I can't promise you a date we're going to see those back, but I'm hoping that that's going to help us set a standard for the rest. We're about to put in another request for about $50 million that will cover the big expenses that we had which was primarily debris removal. At the same time we've got FEMA folks on the ground working with our team to inspect everything that's been damaged -- there's about 150 different places where damage occurred -- to go through and do that. And then as they do that, then we can start the procurement process and then ultimately the reimbursement process for that. So we're looking at about $73 million in expenditures for debris, including waterway debris, and for a total of about 139 million, of which approximately 75 to 80 percent is what we expect to see back from FEMA and through the state. So like I say, we finally hit a turning point where I think we're going to start to see a little more action, and myself and our Deputy County Manager have really been pounding on them hard to get them to shake that money tree loose. COMMISSIONER TAYLOR: Thank you. Nothing to this point, right? No money to this point, correct? MR. OCHS: Correct. MS. PRICE: Correct. CHAIRMAN SOLIS: Any questions for staff? COMMISSIONER FIALA: You know, I have a couple little questions. What does a switch do if you don't have a generator? MR. SUMMERS: That's a great comment. MR. OCHS: Not enough. MR. SUMMERS: Well said. You're exactly right. What the May 8, 2018 Page 99 generator transfer switch allows is the isolation of power from the portable generator to the commercial power. So it makes sure that when you plug in a generator, you're not sending that power down the street. You're only distributing that power to the building. And those are very, very -- that's a very critical safety component. If someone goes in and bypasses one of these switches or tries to do their own home improvement unlicensed, unregistered electrician work, amateur work, there is a serious risk that they can send power in the reverse direction down range, energize a power line, energize a transformer, and then if a responder or someone else thinks that that power line is dead and that transfer switch is not appropriately configured, there could very quickly be injury or death away from this property as a result of the generator, what we call, back-feeding, going in reverse, is a potential. COMMISSIONER FIALA: And one more question. Are we going to -- are we working with the mobile home parks to make sure that they have a hardened facility, whether it's their clubhouse or whatever, so that people right there can go to a place of safety? MR. SUMMERS: I would say yes. And if Jamie is still here, I'd like for him to talk a little bit about the code issue with you. One of the better news items, and particularly with the newer mobile homes that are being replaced, is that they meet a wind threshold requirement. And then we have always had in our LDC a safe place as an option. But one of the things that we always do in our evacuation notice early on is make sure that mobile home residents realize that there's a level of vulnerability, particularly in an older mobile home where they need to seek shelter or evacuate earlier. Jamie? CHAIRMAN SOLIS: Can I ask a quick question? Because that was my number-one question as well about the trailer park. But it relates to the whole adding generators to the lift stations and things. May 8, 2018 Page 100 Because I know Commissioner Taylor and I visited at least one or two, and that was a major issue. But I'm wondering if you've given any thought to how some of these trailer parks -- I mean, they don't seem to have the funds to maybe provide a generator. Have we given some thought on how we're going to help that process along? Because, you know, the ones that -- at least that we went to, you know, they didn't have money to do anything. And I don't know -- I'm not suggesting that the county pay for it or anything, but I think it's going to be a challenge to somehow really make it happen as far as upgrades to some of these trailer parks. MR. SUMMERS: It is a challenge. And I want to defer to the experts. But one other comment I would say -- and this is one of the things that we've tried to promote, and some folks are certainly reluctant. But one of the things -- one of the options for a lot of these smaller mobile home parks is to -- would have been to utilize an SBA loan to try to at least get some of that construction or configuration done as an option. But, yes, you're right; there are some limitations. Jamie? COMMISSIONER McDANIEL: Yeah. I just wanted to make a comment with regard to the manufactured homes. And it's important, regardless of the wind load that Dan spoke about, when an evacuation order is issued, go. That's an important portion of this process. Our systems are set up to be -- to have people go to shelters and/or evacuate from the area and get out of harm's way. A lot of folks don't, in fact, do that, which then, in turn, exacerbate our systems -- the lift stations that we had. A lot of people sheltered in-home during this process, in their own home during this process, still had water, still were flushing their toilets and showering and the like. And then -- and that caused us -- that caused a lot of -- a lot of consternation as we're going through. So it's just important that when the emergency services -- that's May 8, 2018 Page 101 important for us to impress upon folks, when Emergency Services issues the evacuation order, thou needs to go. MR. FRENCH: Good afternoon, Commissioners. Jamie French, for the record. Just to touch a little bit on the manufactured homes or, as you would know them, as mobile homes. The Florida Building Codes still refers to them as a manufactured home that is regulated by the Department of Transportation. What it does do, though, because of our wind loads, it does require that they all be a Class 3 in most of the county. Class 3 has got a rating of somewhere between 135 and 145 miles an hour. We would then regulate through the permit process how they're strapped down, how they're connected to the ground either by pier or by a foundation of sorts so that we make sure the proper elevation is maintained. And what we saw just through the initial damage assessment, both drive-by as well as visually going by and visiting the homes, those that weren't impacted by flooding -- that seemed to be the biggest cause of many of the homes, the newer homes, that they were weren't properly elevated or they weren't to the latest elevation required -- is that those that were Class 3 did not suffer any damage. Maybe some outside awning, things like that, but even the way they attach the carports today is much different than what they may have done 20 or 30 years ago. COMMISSIONER FIALA: We've got a lot of old, old, old ones here. We don't have too many -- I don't even know of a new mobile home park that has been built. MR. FRENCH: So as many of those are coming back in, some of the considerations that we are looking at through our LDC amendments is, if that community is considering a clubhouse, we would not consider it -- if it meets a threshold of, let's say, 3,000 or May 8, 2018 Page 102 5,000 square feet, we're considering that as a place of refuge, not, potentially, for where they would go and shelter but a place that would allow them to have a point of distribution for water, commodities, things of that nature, that they could partner with the county. So as Dan said, the team and I have worked very close with the development industry. It was a very lengthy meeting last week at DSAC. And they were very involved, supportive, but, again, very involved with our approach and how we're thinking. This is a much different way than we've done business in the past, and we're thrilled with the opportunity, and we think that we're going to be able to bring back some very good results for your consideration. CHAIRMAN SOLIS: Any other questions? (No response.) CHAIRMAN SOLIS: I had a couple of things I was going to throw out there. And I know our court reporter's probably -- I think we can finish up the agenda, but understanding we're hitting the hour-and-a-half mark. I drive by the FP&L covered parking solar power things at the zoo or North Collier, and I know we have an agreement with -- is there any potential for using those as charging stations, people for phones, or whatever it is, during the storm, or after the storm, rather? MR. SUMMERS: Well, we're looking at lots of creative options. One of the things that we want to do at our shelters with the limited power distribution that we have is -- and that was quite an issue in terms of folks wanting to make sure that their cell phones remained charged in all available outlets. So one of the things that we're doing in our shelter kits is reevaluating the additional capability to charge phones. We're also telling people the next thing that you also need to bring with you is your battery pack, your supplemental battery pack, because I think we all lived on our phones during the storm. So we are looking to address May 8, 2018 Page 103 that. We are -- we have not found -- we see charging stations at airports and things like that. We've not found anything yet that fits our disaster budget, but we are looking at things like additional extension cords and wiring strips to make available for phone charging. MR. OCHS: And we will talk to FP&L about whether we can pull some power off of those grids. CHAIRMAN SOLIS: Maybe it's there. It's going to be producing energy after the storm. MR. SUMMERS: We expect to see -- and we've seen some discussion that the newest post-disaster cottage industry will be driveby charging sites. And so we know that AT&T has some that they have actually taken to concerts and big venues and those types of things but, again, this was just like that same scenario of wanting mobile cellular towers on wheels. They were all locked down for Harvey, and we just had a hard time breaking a lot of those resources loose. But we know that we're going to see more in the private sector in terms of some charging stations, goodwill type opportunities as well. CHAIRMAN SOLIS: Okay. COMMISSIONER McDANIEL: I have one more point I'd just like to make, and it's something that I think we need to say out loud. As important as it is for our community when the emergency services issues an evacuation notice, it's also as relevant and as important to be prepared in advance. The lessons that were learned from this storm are requisite for the preparedness that's necessary. Go today and do your shopping. Have your supply in advance of when the storm, in fact, shows up. We watched with Irma as she was coming up through the slot. Everybody thought it was going to hit the east coast, and we were all praying for their safety, and look what it did. And when I lost cell May 8, 2018 Page 104 service and power on the day of the storm, it was going up the west coast, and I was praying for the people that were going to get whacked in St. Pete and Tampa, and it went within half a mile of my home when the eye went by. So preparedness in advance is as much as anything; don't rely -- you know, Commissioner Taylor, you spoke about the folks in Everglades City, and about a month after the storm, there was a lady there who was 14 when Donna came through and Everglades City was, in fact, the county seat. And I had the pleasure of asking her what kind of assistance she got in 1960 when Donna came through, and there was none other than a little Salvation Army -- Red Cross folks coming along -- not Salvation Army, forgive me -- the Red Cross folks coming through. They were on their own. And what a blessing that we have today to have federal, state, and local support to offer with the recovery process to be as quick as, in fact, it is. But it is incumbent upon all of us ourselves to take care of ourselves until the support that is available can get to us. COMMISSIONER FIALA: You know, it's interesting you say, because I write a column here and there. And at the beginning of June every year I say, time to prepare for your hurricane, and I have a plan that I always do right in the beginning. And my daughters have said to me, oh, we don't need to do this. You're getting too anxious. But I do it anyway. And it's really simple. But, you know, all you need to do, you get plenty of water, you make sure you have fresh batteries, you know, where your radio is going to be. Just the regular things that you have to do. I always fill -- if I'm going to go out of town or anything, I fill my tank in the car with gasoline in case somebody else is staying at my house. I have a five-gallon and two two-gallon tanks that I fill with gasoline also, and we charge up my -- COMMISSIONER McDANIEL: Where do you keep those at? May 8, 2018 Page 105 COMMISSIONER FIALA: -- generator. Huh? COMMISSIONER McDANIEL: Where do you keep your gas cans at? COMMISSIONER FIALA: And we charge the generator. Every couple months my sons come over and fix it up. You know, it doesn't take any time, but then you're prepared. COMMISSIONER McDANIEL: Right. COMMISSIONER FIALA: Somebody yelled at me because they said -- some guy wrote to me and said, you're trying to scare the community. No. Just prepare. You can always use it afterwards. COMMISSIONER TAYLOR: That was pre-Irma. I bet he wouldn't say it now. COMMISSIONER FIALA: No, I don't think so. CHAIRMAN SOLIS: Thank you. MR. SUMMERS: Thank you, sir. Thank you, all, and thanks to the county staff for their hard work. CHAIRMAN SOLIS: Job well done. MR. SUMMERS: Thank you. COMMISSIONER FIALA: Yes. We should all be thanking you again, Dan. I know that everybody did, but it's good. COMMISSIONER TAYLOR: Yes, thank you. MR. SUMMERS: My pleasure. Thank you. Item #11B THE CREATION OF TWELVE (12) ADDITIONAL FULL-TIME EQUIVALENT POSITIONS IN THE GROWTH MANAGEMENT DEPARTMENT IN RESPONSE TO INCREASED CUSTOMER DEMAND. THE PROPOSED POSITIONS WILL BE FUNDED WITH CURRENT USER FEE RESERVES, REQUIRE NO ADDITIONAL FEES, AND HAVE NO IMPACT ON THE May 8, 2018 Page 106 GENERAL FUND – APPROVED MR. OCHS: Commissioners, that takes us to Item 11B. This is a recommendation to authorize the addition of 12 positions in our Growth Management Department to meet increasing customer service demand. Mr. French will present. COMMISSIONER TAYLOR: I'll make a motion to approve the hiring of the expanded department requests in 2018 at Growth Management. COMMISSIONER SAUNDERS: Mr. Chairman, before you take a vote on the motion, I do have a couple questions. CHAIRMAN SOLIS: Sure. COMMISSIONER FIALA: I'll second the motion just so we have it. COMMISSIONER TAYLOR: Thank you. COMMISSIONER SAUNDERS: I had spoken with the County Manager yesterday, and the question I had was, can we kind of divide this up a little bit. Twelve additional positions, that's an awful lot of positions for one particular department. I understand that the department is busy. But the real estate market, development business will fluctuate. And the question I had was, under our existing contracts with private providers, can we simply use some private providers as opposed to hiring 12 people because of the -- obviously the cost associated with hiring 12 people but also the difficulty is in releasing people from employment if there's a downturn. And so I'd like to see us explore using at least a portion of this -- solve a portion of this using our provider -- private-provider contracts. MR. FRENCH: Thank you, Commissioner. If I can address that. Jamie French, for the record. We do have a private provider in Nova Engineering. I know that Calvin, Giordano is another one here May 8, 2018 Page 107 in town that did the Village of Estero, as well as a few others. They were doing Everglades City. I had an opportunity to meet with their lead project manager on April 11th at the Florida Floodplain Management Association, and I asked him why he didn't bid for Collier. And he says, if we can't take it all, we don't want it. Quite honestly, we've worked with Nova. Nova and these providers don't typically have a base of employees that they could provide us on an as-needed base. They ship those employees -- they relocate them usually out of the Fort Lauderdale/Miami area or Tampa area. They send them to us for about 10 day -- or, I'm sorry, they send us to them (sic) for four 10-hour work days, which does not work with our client. Also, there's about a 230 percent differential in cost. So, in other words, on our initial startup year, even with the purchase of vehicles for these 12 employees, you have an average employee cost of about $540,000, which is all 100 percent Enterprise Funded, and about $300,000 for trucks. So that's a total cost of $840,000; whereas, if I just use the minimum employee costs of $75 an hour at 2,080 hours per year from a Nova employee, my costs would be somewhere around $1.9 million. So I'm roughly around 230 percent, and then future reoccurring years it steps up to about 347 percent different. Now, again, this -- our fee base that we bring back to you that we're able to be able to pass that savings on to the industry was most recently, within the last year, about a $1.6 million decrease in fees that they currently enjoy that they're able to pass on to their client. What that would mean for us is that would completely change our business model so that if our costs -- because we are Enterprise Funded and we don't receive any General Fund contribution, we would only be -- we'd only be forced to go back to that fee to give it consideration for raising fees in the future. May 8, 2018 Page 108 So, again, we do use a model that incorporates all of our partners with regards to our private providers. Unfortunately, your private-provider stock that they're taking from, they're my employees. They try to hire from me, sir. They don't -- and they -- and I can tell you probably more than 40 percent of our staff has been approached at a higher dollar value to be able to go work for companies like Calvin, Giordano as well as for Nova as -- and there's a handful of private providers out there. COMMISSIONER SAUNDERS: I'll support the motion, but there are a lot of communities -- and you mention the Village of Estero is just an example where they are saving a lot of money by using contract services. And so I don't know that I necessarily buy the argument that it's going to be 230 percent more. I don't understand all the numbers that you just recited, but I do know that there are savings associated with using private contracts, and I just want to suggest to staff that as we go forward, perhaps you might want to take advantage of those opportunities, if they exist, as opposed to continuing to hire more people. MR. FRENCH: So, Commissioner, I do have a meeting coming up with the City of Naples, rather than where we went through our bid process and we chose one vendor, they chose all five that bid. It didn't provide them with cost savings but, to your point, what it did do is it allowed them to have a deeper bench so when they did need this staff -- and understand, we're very cautious. It's been two years since we've been back before the Board of County Commissioners for an ask, and if we didn't feel like this work wasn't (sic) there -- and if you look at the -- and I hate to say it, but the average age of our inspector is roughly around 58 years old. We're looking at attritting those staff members probably within the next five to six years. Our plan is not to refill if the market does not support that. And we'll continue to monitor that. And if need be, we'll report that up to May 8, 2018 Page 109 you through our Development Services Advisory Committee. COMMISSIONER SAUNDERS: Thank you. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yeah. I support the motion, and I also express and share Commissioner Saunders' concerns. And we -- and, Jamie, you and I have talked about this as we've been going through this. But I know the workload is enormous over there right now. I've been hearing it from the folks that are out there trying to conduct business and have inspectors and so on and so forth. So I do, in fact, support the motion but also the concern that Commissioner Saunders raised as well. It's not necessarily a matter of if. It's when the next cycle, in fact, transpires, and are we, in advance, ready for that, so... MR. FRENCH: And to your point as well, Commissioner, we are currently employing about 80 job bank employees. The problem with the job bank models, we are not able to attract that licensed inspector simply because we're competing against the private industry which is paying anywhere between 15 to 20 percent more than what we would pay at local government. CHAIRMAN SOLIS: Thank you. 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. Thank you. Item #11C May 8, 2018 Page 110 RECOMMENDATION TO AWARD INVITATION TO BID #17- 7228 TO QUALITY ENTERPRISES USA, INC., FOR THE “PINE RIDGE ROAD INTERSECTION IMPROVEMENTS AT LOGAN BOULEVARD AND AIRPORT ROAD” PROJECT FOR CONSTRUCTION OF INTERSECTION IMPROVEMENTS IN THE AMOUNT OF $1,428,802.78 – APPROVED MR. OCHS: Item 11C is a recommendation to award a contract to Quality Enterprises USA, Incorporated, for the Pine Ridge Road intersection improvements at Logan Boulevard and Airport Road in the amount of $1,428,802.78. Mr. Mark McCleary can make a presentation or respond to questions from the Board or be happy to take your motion. COMMISSIONER TAYLOR: Like to make a motion to approve. COMMISSIONER SAUNDERS: Second. CHAIRMAN SOLIS: Motion and a second. Commissioner Fiala's missing, but... COMMISSIONER TAYLOR: We have a supermajority. CHAIRMAN SOLIS: Yeah. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: (Absent.) CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. COMMISSIONER McDANIEL: It's a good report. MR. McCLEARY: Thank you. CHAIRMAN SOLIS: Well done. COMMISSIONER TAYLOR: Thank you. COMMISSIONER McDANIEL: We read the report, just so May 8, 2018 Page 111 everybody knows. MR. OCHS: Yes. Item 11D AWARD INVITATION TO BID NO. 18-7278 CCSO CID BUILDING HVAC & ROOF REPLACEMENT, TO CEDARS ELECTRO-MECHANICAL, INC., IN THE AMOUNT OF $2,098,132, AND TO AUTHORIZE A BUDGET AMENDMENT IN THE AMOUNT OF $517,757 FROM PROJECT NO. 52162 TO SUPPLEMENT THE AWARD – APPROVED MR. OCHS: Item 11D is a recommendation to award a contract for the replacement of the HVAC and roof replacements at the Sheriff's CID country building on Horseshoe Drive to Cedars Electro-Mechanical, Incorporated, in the amount of $2,098,132, and authorize a budget amendment in the amount of $517,757 to supplement the award. COMMISSIONER SAUNDERS: I'll make a motion to approve, if there's no questions. COMMISSIONER TAYLOR: Second. CHAIRMAN SOLIS: Any questions? Discussion? COMMISSIONER McDANIEL: No. CHAIRMAN SOLIS: Motion and a second. All in favor? COMMISSIONER McDANIEL: Aye. COMMISSIONER FIALA: (Absent.) CHAIRMAN SOLIS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER SAUNDERS: Aye. CHAIRMAN SOLIS: Any opposed? (No response.) May 8, 2018 Page 112 MR. OCHS: Thank you, Commissioners. Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Sir, that takes us to Item 15, staff and general communications. Again, my only reminder on a communication is you have a workshop on community mental health on June 5th at 9 a.m. in the chambers. That's all I have, sir. CHAIRMAN SOLIS: Mr. County Attorney? MR. KLATZKOW: Nothing, sir. CHAIRMAN SOLIS: Madam Clerk? MS. KINZEL: No. Thank you. CHAIRMAN SOLIS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes. I just have one comment, and it has to do with the rather long discussion we had on my -- on my resolution for support of off-road vehicles, or swamp buggies. Excuse me. I don't want to say off-road vehicles. Swamp buggies. COMMISSIONER TAYLOR: See. There you are. COMMISSIONER McDANIEL: Yeah, there you go again. The director over at the basin sent an email while she was listening to the discourse, and there is definitions of -- by the state already there are three -- and this is something -- and I'll disseminate however is legally allowed, but there are three state forests currently that allow for some form of off-road vehicle activity. Clear Creek off road; Tate's, I'm going to call it, Tate's Hell Trails; and I can't pronounce, Withlacoochee Trails. There are three state forests that currently allow for outdoor May 8, 2018 Page 113 activity, recreational vehicles, and the like. One is an actual motorcross in the Croom up near Tampa. And there is definitions with some of these things that are discussed here; size, weight, and so on and so forth. I'm going to -- I'll be happy to provide this information. It's just, necessarily, to quell some of the concerns that were raised, just to let you know that this is an activity that is being done in other parts of the state and other state forests. CHAIRMAN SOLIS: Great. COMMISSIONER TAYLOR: Thank you. COMMISSIONER FIALA: I have -- CHAIRMAN SOLIS: Commissioner Fiala? COMMISSIONER FIALA: Would you believe I have nothing to say. I've said it all. CHAIRMAN SOLIS: Commissioner Taylor? COMMISSIONER TAYLOR: Yeah. Just a couple of things. The -- my neighborhood is not a gated neighborhood, and this is going to code enforcement. And I just wanted to put out what we do in our neighborhood with code enforcement. And rather than neighbor turning in neighbor, we tour with Code Enforcement maybe on a monthly basis, maybe every other month, with -- you know, the association does. We have a property owners association or a -- it's really a neighborhood association. And what it does is educate both ways, because sometimes there's overzealous folks who like to point out every crack and crevasse, and then the Code Enforcement comes and talks about it in -- on their side, and it's been very effective. And it started in the city, but what's so fascinating, it started under Kevin Rambosk, who was our city manager at the time. And, you know, he's sort of the master of community policing. And so I always have considered this community code enforcement. May 8, 2018 Page 114 So it may be something that we might want to adopt or encourage Code Enforcement to go forward in. CHAIRMAN SOLIS: Great idea. COMMISSIONER TAYLOR: So that's the first, yeah. COMMISSIONER McDANIEL: And this is an unrelated subject, but I have a question for you. COMMISSIONER TAYLOR: Okay. COMMISSIONER McDANIEL: And if I may regress a moment, Mr. Chair. I forgot to mention -- I had it in my notes and forgot to mention it. I wanted to compliment Commissioner Taylor on the workshop that we had Tuesday. And I don't want to take away your flame, but there was a gentleman there presenting. His first name was Joe. Last name escapes me at the moment. And he mentioned something about a deep dive into an analysis of our community and potentially some recommendations. And I was wondering if our colleagues would like to have staff at least -- not necessarily run out and hire him but at least explore what that definition is, what the expenses are associated, and whether or not we would bring it back for future discussion. COMMISSIONER TAYLOR: And this is exactly what I was going to say. COMMISSIONER McDANIEL: Oh, I'm sorry. COMMISSIONER TAYLOR: I think it's very timely. I'm not sure that it doesn't require an RFP. But I think to be able to ground development into a tax base to bring it down to dollars and cents and what makes sense for us as a community going forward would be invaluable not only to us but to the developers because it broadens how we look at things, and I think it's so very, very important. COMMISSIONER McDANIEL: And just as a reminder, we do have the CIGM that's coming forward. We did support that initiative coming, and there is an economic component and a land-use modeling May 8, 2018 Page 115 component in there that we can utilize. And I just would like to know if maybe -- if you're of the mind, I wouldn't mind exploring -- having our staff explore with them a little bit what that all entails. COMMISSIONER TAYLOR: I would support that. COMMISSIONER FIALA: I don't even know what you're talking about. COMMISSIONER McDANIEL: Do you remember the workshop we had on Tuesday last week with the Blue Zone? COMMISSIONER FIALA: Yeah. COMMISSIONER McDANIEL: And the gentleman that was going through the economic analysis with the 3D maps that were showing tax values within municipalities? COMMISSIONER FIALA: Yes. COMMISSIONER McDANIEL: He came in -- he was hired by those municipalities to do an analysis and then make recommendations to those municipalities as to zoning changes, land-use changes that they could effectuate to maximize long-term assessed valuations and collection of ad valorem. COMMISSIONER FIALA: Oh. COMMISSIONER McDANIEL: And he has been hired by several municipalities, and I was intrigued by that. COMMISSIONER FIALA: Oh, okay. Thank you. COMMISSIONER TAYLOR: Is there support to have staff look into it a little deeper? COMMISSIONER McDANIEL: There is with me. COMMISSIONER SAUNDERS: I don't have any particular problem with staff exploring what's involved in that, but I would be very skeptical of bringing in a consultant to talk about those types of tax issues. I don't necessarily see the overall benefit of that. We know that bigger buildings and higher developments generate more tax dollars. If you're going to have a city center, you're going to May 8, 2018 Page 116 have more tax dollars there than you would in the outlying agricultural areas. So I don't have a problem with staff checking in and determining what types of opportunities are there for us to consider, but I'll be very skeptical about hiring a consultant to do those types of 3D evaluations. COMMISSIONER McDANIEL: I think, just, it's worth looking at for us to maybe incorporate into -- as an initiative, so... COMMISSIONER TAYLOR: Well, as we're looking at the Golden Gate Master Plan, as we're looking at the CRA Master Plan, as we're looking at development -- COMMISSIONER McDANIEL: The Immokalee Master Plan. COMMISSIONER TAYLOR: The Immokalee Master Plan. COMMISSIONER FIALA: East Naples corridor. COMMISSIONER McDANIEL: Yes. CHAIRMAN SOLIS: And we may have some of that information already compiled, I would think. He's not necessarily reinventing the wheel or anything. COMMISSIONER TAYLOR: That's right, but he's putting it together. And one of the things was clear is bigger buildings do not necessarily mean increased taxes. COMMISSIONER SAUNDERS: What I was talking about is higher-end development. COMMISSIONER TAYLOR: Yeah. Higher. COMMISSIONER SAUNDERS: You know, obviously, you know, he had the per-acre tax revenue for a big box store. All of that made sense, but I'm not so sure how beneficial that type of information really is. And so, again, have staff look at it, but I'll be very skeptical, again, about spending a lot of money to have the nice 3D images produced for us, but -- COMMISSIONER McDANIEL: It's an exploration. We're not going to run out and hire him this minute. May 8, 2018 Page 117 COMMISSIONER TAYLOR: One step at a time. COMMISSIONER McDANIEL: Exactly. COMMISSIONER TAYLOR: Okay. That's it. Thank you. CHAIRMAN SOLIS: That's it. COMMISSIONER TAYLOR: Yep. COMMISSIONER SAUNDERS: I don't have anything. CHAIRMAN SOLIS: Nothing from me either. Our court reporter is breathing a sigh of relief at 12:41. Anything else, Mr. Manager? MR. OCHS: No, sir. CHAIRMAN SOLIS: We're adjourned. Thanks. ***** **** Commissioner Fiala moved, seconded by Commissioner McDaniel and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 A PUBLIC-PRIVATE PARTNERSHIP BETWEEN COLLIER COUNTY AND OAKES FARMS, INC., SUPPORTING ECONOMIC DEVELOPMENT THROUGH A JOINT USE PARKING FACILITY LEASE ON A VACANT COUNTY- OWNED PROPERTY LOCATED ON THE NORTHWEST CORNER OF IMMOKALEE AND LIVINGSTON ROADS FOR EMPLOYEE PARKING FOR THE SEED TO TABLE MARKET Item #16A2 CHANGE ORDER NO. 1 TO CONTRACT NO. 14CO1 WITH THE May 8, 2018 Page 118 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF BEACHES AND COASTAL SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM FOR COLLIER COUNTY BEACH NOURISHMENT, ALLOWING THE COUNTY TO RECEIVE FULL REIMBURSEMENT FOR ELIGIBLE COSTS AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM Item #16A3 RATIFYING CHANGE ORDER NO. 1 TO PURCHASE ORDER #45-185929 WITH FERREIRA CONSTRUCTION CO. INC. IN THE AMOUNT OF $92,578.50 FOR INDEPENDENT THIRD- PARTY TURBIDITY MONITORING SERVICES AND MAKE AN AFTER-THE-FACT FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NOS. 80288 AND 90549) Item #16A4 (Commissioner Solis abstained from voting) A PURCHASE AGREEMENT FOR THE PURCHASE OF A FEE SIMPLE PARCEL (PARCEL 104FEE) AND A TEMPORARY CONSTRUCTION EASEMENT (PARCEL 104TCE) NECESSARY FOR THE CONSTRUCTION OF ROADWAY AND RELATED IMPROVEMENTS REQUIRED AT THE INTERSECTION OF AIRPORT- PULLING ROAD AND DAVIS BOULEVARD, PROJECT NO. 60148 (FISCAL IMPACT: APPROXIMATELY $182,650) - FOR A PORTION OF FOLIO #61843680008 Item #16A5 (Commissioner Solis abstained from voting) FINAL ACCEPTANCE OF THE POTABLE WATER AND May 8, 2018 Page 119 SEWER UTILITY FACILITIES FOR WATERSIDE SHOPS – TRUE FOOD KITCHEN, PL20160003486, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $5,670.92 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION WAS CONDUCTED BY STAFF IN COORDINATION WITH PUBLIC UTILITIES ON MARCH 15, 2018 FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE Item #16A6 FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR ORCHID RUN, PHASE 1, PL20150001955, ACCEPT UNCONDITIONAL CONVEYANCE OF A PORTION OF THE SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $24,039.87 TO THE PROJECT ENGINEER OR DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION WAS CONDUCTED BY STAFF IN COORDINATION WITH PUBLIC UTILITIES ON FEBRUARY 9, 2018 FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE Item #16A7 (Commissioner Solis abstained from voting) FINAL ACCEPTANCE OF THE POTABLE WATER AND SEWER FACILITIES FOR LIVINGSTON LAKES, PL20150000325, ACCEPT UNCONDITIONAL CONVEYANCE May 8, 2018 Page 120 OF A PORTION OF THE POTABLE WATER AND SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $92,031.80 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - A FINAL INSPECTION WAS CONDUCTED BY STAFF IN COORDINATION WITH PUBLIC UTILITIES ON APRIL 5, 2017, AND RE-INSPECTED ON MARCH 30, 2018 POST HURRICANE IRMA AND FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE Item #16A8 FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE OF THE POTABLE WATER UTILITY FACILITIES FOR DEEPHAVEN AT QUAIL WEST, PHASE III, UNIT 7, PL20130001754 AND TO AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED AGENT - A FINAL INSPECTION WAS CONDUCTED BY STAFF IN COORDINATION WITH PUBLIC UTILITIES ON JUNE 6, 2016, AND RE-INSPECTED ON APRIL 3, 2018 POST HURRICANE IRMA AND FOUND THE FACILITIES SATISFACTORY AND ACCEPTABLE Item #16A9 RESOLUTION 2018-83: FINAL ACCEPTANCE OF THE PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR May 8, 2018 Page 121 THE FINAL PLAT OF LAKOYA – PHASE II, APPLICATION NUMBER PL20130001254 WITH THE ROADWAY AND DRAINAGE IMPROVEMENTS BEING PRIVATELY MAINTAINED, ACCEPTANCE OF THE PLAT DEDICATIONS, AND AUTHORIZING THE RELEASE OF THE MAINTENANCE SECURITY Item #16A10 RECORDING THE MINOR FINAL PLAT OF TRACT 88, GOLDEN GATE ESTATES, UNIT NO. 61 REPLAT, APPLICATION NUMBER PL20170004263 Item #16A11 RECORDING THE FINAL PLAT OF ADDISON PLACE, (APPLICATION NUMBER PL20170004121) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY - W/STIPULATIONS Item #16A12 RECORDING THE MINOR FINAL PLAT OF SPANISH OAKS PHASE TWO, APPLICATION NUMBER PL20180000292 Item #16A13 UTILITY FACILITIES QUIT-CLAIM DEED AND BILL OF SALE BETWEEN COLLIER COUNTY AND RACETRAC PETROLEUM, INC., IN ORDER TO RECONVEY TO May 8, 2018 Page 122 RACETRACT PETROLEUM INC., ANY INTEREST THE COUNTY MAY HAVE IN CERTAIN SEWER UTILITY FACILITIES ASSOCIATED WITH THE RACETRAC AT PINE RIDGE DEVELOPMENT, SDP 98-28 - CORRECTING AN ERRONEOUS CONVEYANCE OF THE SANITARY SEWER UTILITY FACILITIES Item #16A14 AWARD AGREEMENT #16-6700 FOR "PROFESSIONAL DESIGN AND RELATED SERVICES FOR STAN GOBER MEMORIAL BRIDGE REPAIR/REHABILITATION PROJECT (BRIDGE NUMBER 030184)" TO CARDNO INC. IN THE AMOUNT OF $271,565.59 (PROJECT NO. 66066) Item #16A15 RECORDING THE MINOR FINAL PLAT OF INLAND VILLAGE, APPLICATION NUMBER PL20170003955 Item #16A16 APPROVE THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN ACCRUED VALUE OF $136,489.12 FOR PAYMENT OF $2,289.12 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. MICHAEL J. MICELLI, TRS. CODE ENFORCEMENT BOARD CASE NO. 2005010143 RELATING TO PROPERTY LOCATED AT 4600/4630 GULFSTREAM DRIVE, COLLIER COUNTY, FLORIDA - FOR CODE VIOLATIONS CONSISTING OF AN INTERIOR WALL INSTALLED WITHOUT A PERMIT May 8, 2018 Page 123 BROUGHT INTO COMPLIANCE MARCH 13, 2009 Item #16A17 THE RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE OF $83,212.20 FOR PAYMENT OF $750 IN THE CODE ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY COMMISSIONERS V. CONEXAR GROUP, LLC, CODE ENFORCEMENT BOARD CASE NO. CELU20110015511 RELATING TO PROPERTY LOCATED AT 5148 24TH AVE SW, COLLIER COUNTY, FLORIDA - FOR A CODE VIOLATION THAT CONSISTED OF DUMPING FILL/DIRT ON A VACANT LOT THAT WAS BROUGHT INTO COMPLIANCE ON AUGUST 15, 2014 Item #16A18 CONTRACT NO. 17-7188 TO PROVIDE FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR NEARSHORE HARDBOTTOM MONITORING OF COLLIER COUNTY’S COAST BY CSA OCEAN SCIENCES, INC., AND AUTHORIZE THE CHAIRMAN TO EXECUTE WORK ORDER WITH CSA OCEAN SCIENCES, INC. FOR TIME AND MATERIAL NOT TO EXCEED $168,405.71, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM - FIELD WORK TO BE COMPLETED BY SEPTEMBER 30, 2018 Item #16C1 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION’S OFFER TO PAY FOR AND HAVE THEIR May 8, 2018 Page 124 APPOINTED CONTRACTOR INVESTIGATE A HISTORIC FUEL DISCHARGE AT THE OLD FUEL ISLAND SITE AT THE GOVERNMENT COMPLEX - PARCEL ID #00389600008 Item #16D1 AN AMENDMENT TO A BUS AND BUS FACILITIES JOINT PARTICIPATION AGREEMENT (JPA) BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO RECOGNIZE THE USE OF $50,600 TOLL REVENUE CREDITS AS THE SOURCE OF MATCHING FUNDS FOR THIS AWARD Item #16D2 THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE ENTERING INTO NEGOTIATIONS WITH Q. GRADY MINOR & ASSOCIATES, P.A., FOR A CONTRACT RELATED TO REQUEST FOR PROFESSIONAL SERVICES (RPS) NUMBER 18-7279 “BIG CORKSCREW ISLAND REGIONAL PARK PHASE II DESIGN.” Item #16D3 A BUDGET AMENDMENT IN THE AMOUNT OF $66,177, TRANSFERRING FUNDS FROM PROJECT #80360, COMMUNITY PARK ASSESSMENT (306) TO PROJECT #80381 COMMUNITY PARK - ARTIFICIAL TURF (306), ENABLING THE DIVISION TO CAPTURE ALL THE EXPENSES FOR DESIGN AND CONSTRUCTION OF THE FIELD UNDER ONE PROJECT NUMBER May 8, 2018 Page 125 Item #16D4 RESOLUTION 2018-84: REPEALING ALL PREVIOUS RESOLUTIONS ESTABLISHING THE COLLIER COUNTY PARKS AND RECREATION POLICY AND PROCEDURES TO AUTHORIZE THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN COLLIER COUNTY PARKS WITH A VALID PERMIT ISSUED BY THE PARKS AND RECREATION DIVISION Item #16D5 AUTHORIZING THE ROTARY CLUB OF NAPLES-COLLIER, INC. TO USE THE FRED W. COYLE FREEDOM PARK FOR ITS HONOR FLAG FUNDRAISER FOR 2018. THIS PROJECT SUPPORTS THE VARIOUS CHARITIES OF THE ROTARY CLUB INCLUDING THE FREEDOM MEMORIAL - BEGINNING MAY 26, 2018, THE FLAGS WILL REMAIN UNTIL THE FLAG RETIREMENT CEREMONY THAT WILL BE HELD ON JUNE 14, 2018 Item #16D6 A MEMORANDUM OF UNDERSTANDING WITH THE SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD WHICH WILL ALLOW UP TO 130 CHILDREN IN IMMOKALEE TO RECEIVE RECREATIONAL OPPORTUNITIES DURING THE SUMMER Item #16D7 May 8, 2018 Page 126 SIX (6) MORTGAGE SATISFACTIONS FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN PROGRAM IN THE COMBINED AMOUNT OF $17,500 - FOR THE FOLLOWING FOLIO’S: #62205520006, #77212520000, #63502920007, #40236560002 AND #36313320001 (2) Item #16D8 SIGN TWO (2) STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) SUB-RECIPIENT AGREEMENTS WITH LEECORP HOMES INC. AND PRESTIGE HOME CENTERS, INC. IN THE AMOUNT OF $760,000 EACH FOR THE ADMINISTRATION OF THE DEMOLITION AND/OR REPLACEMENT OF MANUFACTURED HOUSING Item #16D9 AUTHORIZING PAYMENT OF AN OUTSTANDING INVOICE FROM CENTURYTEL SERVICE GROUP (DBA CENTURYLINK) IN THE AMOUNT OF $80,738.08 FOR WORK PERFORMED BY CENTURYLINK UNDER THE PUBLIC SERVICE COMMISSION (PSC) TARIFF TO BURY COMMUNICATION UTILITIES FOR THE VANDERBILT BEACH MUNICIPAL SERVICE TAXING UNIT (MSTU) UTILITY CONVERSION PROJECT PHASES II AND III - FOR THE UNDERGROUND CONVERSION OF UTILITY LINES Item #16D10 TWO (2) STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) May 8, 2018 Page 127 PROGRAM IMPACT FEE RELEASES OF LIEN IN THE AMOUNT OF $15,051.80 FOR THE ASSOCIATED OWNER- OCCUPIED AFFORDABLE HOUSING DWELLING UNIT WHERE THE OBLIGATION HAS BEEN REPAID IN FULL - LOCATED AT 12115 AMERICUS LN, NAPLES AND 1305 PLUM STREET, IMMOKALEE Item #16D11 BUDGET AMENDMENTS TOTALING $233,000 TRANSFERRING FUNDS FROM EXISTING UNINCORPORATED AREA GENERAL FUND (111) BUDGETS TO EXPEDITE REPAIRS TO THE KIDDY POOL FEATURE AT THE GOLDEN GATE AQUATIC CENTER Item #16E1 A BUDGET AMENDMENT TO FUND 516, PROPERTY AND CASUALTY INSURANCE, TO PAY CLAIMS ASSOCIATED WITH HURRICANE IRMA - RECOGNIZING $3,000,000 IN REINSURANCE RECOVERIES RECEIVED Item #16E2 A SCRIVENER’S ERROR IN THE BID AWARD ON ITB #17- 7096 “SOUTH COUNTY WATER RECLAMATION FACILITY CONTROL ROOM RENOVATION,” PROJECT NUMBER 70119.2, TO ONE SOURCE CONSTRUCTION COMPANY & BUILDERS, INC. ON JUNE 13, 2017 FROM $197,675 TO $212,675 May 8, 2018 Page 128 Item #16E3 EXTENDING SOLICITATION #13-6149, PRINTING AND COPYING SERVICES, WITH THE ORIGINAL BOARD OF COUNTY COMMISSIONERS-APPROVED AWARDEES FOR UP TO 180 DAYS OR UNTIL A NEW CONTRACT IS AWARDED, WHICHEVER IS SOONEST, WHILE PUBLIC REQUEST FOR BIDS ARE SOLICITED - EXTENDING THE SERVICES THROUGH NOVEMBER 22, 2018 Item #16E4 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL Item #16E5 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT Item #16F1 APPROVAL OF TOURIST DEVELOPMENT TAX PROMOTION FUNDING TO SUPPORT THE UPCOMING JUNE 2018 SPORTS EVENT UP TO $12,700 AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM - THE USSSA FASTPITCH A/B/C HELD ON JUNE 29 THROUGH JULY 1, 2018 May 8, 2018 Page 129 AT THE GOLDEN GATE SOFTBALL COMPLEX AND THE VETERAN’S PARK SOFTBALL FIELDS WILL BE CO-HOSTED BY COLLIER AND LEE COUNTIES Item #16F2 A TOURIST DEVELOPMENT TAX PROMOTION SPONSORSHIP OF A ROOKERY BAY NATIONAL ESTUARINE RESEARCH RESERVE (RBNERR) DOCUMENTARY PRODUCED BY LIVE OAK PRODUCTIONS FOR $25,000, AND MAKE A FINDING THAT THIS PROJECT PROMOTES TOURISM - FOR A ONE-HOUR DOCUMENTARY ON ITS’ UNIQUE ECO-SYSTEM Item #16F3 RATIFYING THE COUNTY MANAGER’S AWARD OF SOLICITATION NO. 18-7359 CLAM PASS DREDGING PROJECT TO CAVACHE, INC., USING TOURIST DEVELOPMENT TAX FUNDS IN THE AMOUNT OF $263,774.50, BASED ON BOARD DIRECTION ON MARCH 27, 2018, AND MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM Item #16F4 RESOLUTION 2018-85: AMENDMENTS (APPROPRIATING GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2017-18 ADOPTED BUDGET May 8, 2018 Page 130 Item #16F5 (Commissioner Solis abstained from voting) A RELEASE OF LIEN FOR THE JOB CREATION INVESTMENT PROGRAM AND BROADBAND INFRASTRUCTURE INVESTMENT AGREEMENTS WITH ANCHOR HEALTH CENTERS P.A. AND NAPLES INVESTMENT GROUP LLC Item #16F6 FIRST AMENDMENT TO AGREEMENT BETWEEN ECONOMIC INCUBATORS, INC. AND THE BOARD OF COUNTY COMMISSIONERS FOR FY 2018, RECOGNIZING A POSITION TITLE CHANGE FOR AN EMPLOYEE AT THE FLORIDA CULINARY ACCELERATOR @ IMMOKALEE IN CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC- PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE COUNTY’S ECONOMIC DEVELOPMENT EFFORTS Item #16H1 PROCLAMATION RECOGNIZING THE EXTRAORDINARY HUMANITARIAN EFFORTS OF THE TZU CHI FOUNDATION UNDER THE LEADERSHIP OF DIRECTOR GENERAL PHILIP T.Y. WANG FOR THE FOUNDATION'S EMPATHETIC RESPONSE TO THE NEEDS OF COLLIER COUNTY IN THE AFTERMATH OF HURRICANE IRMA. THIS PROCLAMATION WILL BE HAND DELIVERED BY COMMISSIONER PENNY TAYLOR – ADOPTED Item #16J1 May 8, 2018 Page 131 QUARTERLY INVESTMENT REPORT TO THE BOARD REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF THE QUARTER ENDED MARCH 31, 2018 Item #16J2 A BUDGET AMENDMENT RECOGNIZING $1,826,000 IN REVENUES AND EXPENDITURES IN THE SHERIFF'S FY2018 GENERAL FUND Item #16J3 THE BOARD TO APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF MAY 2, 2018 Item #16J4 RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN APRIL 12 AND APRIL 25, 2018 PURSUANT TO FLORIDA STATUTE 136.06 Item #16K1 AWARD CONTRACT #18-7343-WV “COURT REPORTING SERVICES” TO U.S. LEGAL SUPPORT, INC., AND TO ACCEPT THE EXEMPTION OF COMPETITION - FOR A THREE YEAR TERM UPON APPROVAL OF THE BOARD May 8, 2018 Page 132 Item #16K2 RESOLUTION 2018-86: REAPPOINTING SHERWIN H. RITTER WITH HIS TERM TO EXPIRE ON MAY 21, 2022 TO THE WATER AND WASTEWATER AUTHORITY Item #16K3 AN OFFER OF JUDGMENT TO RESPONDENT, EDI CARRILLO SOMOZA, IN THE AMOUNT OF $35,001, PLUS $6,441.93 IN STATUTORY ATTORNEY FEES, AS FULL COMPENSATION FOR THE ACQUISITION OF PARCEL 449RDUE, IN THE PENDING LAWSUIT STYLED COLLIER COUNTY V. DAVID MARTINEZ, ET AL., CASE NO. 17-CA-1454, REQUIRED FOR THE GOLDEN GATE BLVD. E. EXPANSION PROJECT NO. 60145, EAST OF EVERGLADES BLVD. TO FAKA UNION CANAL. (FISCAL IMPACT: $25,962.93, INCLUDING ATTORNEY FEES CALCULATED ACCORDING TO THE STATUTORY BENEFIT FORMULA IF THE OFFER IS ACCEPTED) Item #16K4 AN OFFER OF JUDGMENT TO RESPONDENT, MANUEL A. FERNANDEZ-PENA, IN THE AMOUNT OF $35,001, PLUS $6,468.33 IN STATUTORY ATTORNEY FEES, AS FULL COMPENSATION FOR THE ACQUISITION OF PARCEL 414RDUE, IN THE PENDING LAWSUIT STYLED COLLIER COUNTY V. LOURDES PEREZ BELLO, ET AL., CASE NO. 17- CA-1390, REQUIRED FOR THE GOLDEN GATE BLVD. E. May 8, 2018 Page 133 EXPANSION PROJECT NO. 60145, EAST OF EVERGLADES BLVD. TO FAKA UNION CANAL. (FISCAL IMPACT: $26,069.33, INCLUDING ATTORNEY FEES CALCULATED ACCORDING TO THE STATUTORY BENEFIT FORMULA IF THE OFFER IS ACCEPTED) Item #16K5 COUNTY ATTORNEY TO ADVERTISE AND BRING BACK FOR A PUBLIC HEARING AN ORDINANCE AMENDING ORDINANCE NO. 97-8, AS AMENDED, THE COLLIER COUNTY FALSE ALARM ORDINANCE, TO CLARIFY THE REQUIREMENTS FOR THE REGISTRATION AND RE- REGISTRATION OF ALARM SYSTEMS AND THE RESPONSIBILITY FOR LATE FEES Item #17A ORDINANCE 2018-22: EXPANDS THE POWERS OF THE SPECIAL MAGISTRATE, AND ELIMINATES THE SPECIAL MAGISTRATE REVIEW BOARD – ADOPTED W/CHANGE TO KEEP THE REVIEW BOARD ***** May 8, 2018 Page 134 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:41 p.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 _____________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND NOTARY PUBLIC.