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Agenda 02/25/2020 Item #2C (Minutes - 02/11/2020)02/25/2020 COLLIER COUNTY Board of County Commissioners Item Number: 2.C Item Summary: February 11, 2020 BCC Meeting Minutes Meeting Date: 02/25/2020 Prepared by: Title: Executive Secretary to County Manager – County Manager's Office Name: MaryJo Brock 02/19/2020 10:40 AM Submitted by: Title: County Manager – County Manager's Office Name: Leo E. Ochs 02/19/2020 10:40 AM Approved By: Review: County Manager's Office MaryJo Brock County Manager Review Completed 02/19/2020 10:40 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM 2.C Packet Pg. 16 February 11, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, February 11, 2020 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: Burt L. Saunders Andy Solis William L. McDaniel, Jr. Donna Fiala Penny Taylor ALSO PRESENT: Leo Ochs, County Manager Nick Casalanguida, Deputy County Manager Jeffrey A. Klatzkow, County Attorney Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller Troy Miller, Communications & Customer Relations February 11, 2020 Page 2 CHAIRMAN SAUNDERS: Ladies and gentlemen, our meeting will please come to order. MR. OCHS: We have the invocation this morning, Mr. Chairman. Item #1A INVOCATION AND PLEDGE OF ALLEGIANCE CHAIRMAN SAUNDERS: Yes. If you'll please rise for the invocation by Senior Pastor Heath Jarvis of the Faith Life Worship Center. Good morning. PASTOR JARVIS: Good morning. Let's pray. Father in heaven, we are grateful for this occasion to come together as the leadership of Collier County. We are thankful to live in a nation of such great opportunity. We are thankful, Lord, to live in a nation of such great wealth and influence. We are thankful that we can come together before you today publicly and freely without fear of reprisal from our government. What a blessed people we are. We're thankful for our community here in Collier County, and we ask for your guidance as decisions are made today that will affect all who live here. We acknowledge your providence, and we invoke your wisdom as we communicate with each other this morning. Help us today and every day to operate in a spirit of peace. I pray for all the leaders in this room. I know that their jobs ar e not easy, and the burden they carry is not always light. But your word tells us that your yoke is easy and your burden is light. So we pray that our leadership trades their heavy burdens for your light burden, and I pray they don't carry those heavy burdens home to their February 11, 2020 Page 3 families. I simply pray, Lord, that you do today as your word says you will do, make crooked paths straight, open doors no man can open, give good and perfect gifts, and direct our paths. And I thank you for this and pray it in Jesus' name. Amen. CHAIRMAN SAUNDERS: Commissioner Taylor, if you'd lead us in the pledge. COMMISSIONER TAYLOR: I'd the honored. (The Pledge of Allegiance was recited in unison.) Item #2A TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR CONSENT AGENDA.) – MOTION TO CONTINUE ITEM #16F4 TO THE NEXT MEETING – FAILED; APPROVED AND/OR ADOPTED W/CHANGES CHAIRMAN SAUNDERS: We're on the approval of today's regular and consent agenda. MR. OCHS: Yes. Good morning, Mr. Chairman and Commissioners. I have one agenda change for today's meeting, and that is continue Item 16F4 from your consent agenda to the February 25th BCC meeting. Commissioner Taylor's asked for some additional information that we're happy to include for the next meeting. COMMISSIONER FIALA: Excuse me. Can I ask why? You know, this -- this is very important to Marco Island and to all of our tourism, and I wonder why you want to pull it. COMMISSIONER TAYLOR: It's my understanding from our clerk that -- who had questioned this issue, that -- and to give a -- February 11, 2020 Page 4 well, let me repeat it -- an exemption to $100,000 expense for -- it's really -- CHAIRMAN SAUNDERS: If I might, just a quick interruption. I've spoken with the Clerk. I believe we're okay with this item, is that correct, or did you have some other issues with it? THE CLERK: I think the County Manager's Office has asked that that be pulled. After my discussion with Nick, I -- we didn't request it to be pulled. CHAIRMAN SAUNDERS: Okay. One at a time. So, Ms. Kinzel, you don't have any particular issues with this? THE CLERK: No. CHAIRMAN SAUNDERS: Okay. And the manager, you've not asked for this to be pulled? MR. OCHS: No, sir. CHAIRMAN SAUNDERS: Okay. Commissioner Taylor? COMMISSIONER TAYLOR: Yes. Because my name is on it. I requested it. In a conversation with the Clerk, she did call the -- Jack Wert to find out that that isn't an inclusive for Marco Island. This is supposed to be over a quarter of a million dollars spread between all the hotels. And so what I'm asking for is to list those hotels it's going to be contributing to. It's not -- it's not a quarter of a million dollars of tourist money going solely to the JW Marriott. COMMISSIONER FIALA: Does that affect the price of rice? CHAIRMAN SAUNDERS: Commissioner Fiala? COMMISSIONER FIALA: I don't believe -- CHAIRMAN SAUNDERS: If you could. COMMISSIONER FIALA: Oh, yes, yes. Our TDC chairman. CHAIRMAN SAUNDERS: Mr. Solis? COMMISSIONER SOLIS: Yes. We had a long discussion about this at the last TDC meeting, and it is essentially to provide for February 11, 2020 Page 5 the ability to bring in the folks that we need to bring in to promote Collier County and the tourism in Collier County. Everyone on the TDC was in support of what we're doing, and I think there's a companion item as well. Which one was this? There was another one -- we approved two of them at the same time. MR. OCHS: Yes. There was one for Visit Florida, also. COMMISSIONER SOLIS: Right. There are, essentially, ways of dealing with the budget to be able to have that revenue available so that we can bring the people in at the site visits, and it wouldn't only be to see the JW Marriott property. It would be to -- you know, these are county visits, as I understood it. CHAIRMAN SAUNDERS: Okay. MR. OCHS: Yes, sir. CHAIRMAN SAUNDERS: We have a request to continue this. And generally, as a courtesy to members, we generally will continue items if there's a request to do so. Commissioner Taylor, you've heard from the Clerk, you've heard from Commission Solis, and from the Manager's Office. Do you still want to continue this? COMMISSIONER TAYLOR: Yes, I do because, indeed, if we are giving the JW Marriott a quarter of a million dollars plus exclusive, which is what this says we're doing, then, yes, I have a problem with it. If we are including other hotels and resorts in this so that when we do have visitors we can spread this money in equally -- well, let's say more equitably to other hotels, then I'd like those hotels listed, and that's it. CHAIRMAN SAUNDERS: Mr. Ochs, do you have an explanation on this? MR. OCHS: Yes, I do, Commissioners. Commissioner Taylor is -- you are right. Other hotels do participate in this. This is not an exclusive. What this is, is an exemption from February 11, 2020 Page 6 the competitive process. The reason this one is on is that it's over the $50,000 threshold that staff can approve administratively. There are other awards to other hotels. If those are under $50,000, we can -- we have the budget and we could make those payments. But in this case, it's over the $50,000 threshold. And so you're both right, Commissioner. There are other hotels that participate in this. We don't always bring them back to the Board. If they're under $50,000 and they're in the budget, we get TDC approval of the program, and we move out. So it's not an exclusive, and the item says it's an exemption from the $50,000 threshold, not an exclusive for this hotel. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: And I would say that I asked these same questions at the TDC and whether or not we could continue it, and I think there is some sense of urgency on Jack's part that these visits are going to be happening, and there was a sense of urgency with that. MR. OCHS: They help support large convention visits. CHAIRMAN SAUNDERS: Ms. Kinzel? THE CLERK: I did just want to add for the record, because the -- obviously, the red flag for our office was exemptions from competitive process. And what Mr. Wert explained to me, which I took at the word of what he was doing, was that these were kind of placeholders, open PO's, so that when there was an event, they could go to all the possible hotels and really competitively select the best rate under these rates. So that's what was explained to me, which was the reason that I said okay. And, in fact, I told Jack, putting that you're exempting from competitive is kind of a red flag, when he assured me that, in fact, they go between the hotels to obtain the bes t rate they can per event. So I did want to put that on the record as the explanation I February 11, 2020 Page 7 received that made me okay with what he was doing, and we'll follow up. CHAIRMAN SAUNDERS: All right. We have a request to continue Item 16F4. All in favor of that motion, signify by saying aye. COMMISSIONER TAYLOR: Aye. CHAIRMAN SAUNDERS: All opposed? COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All right. So that will continue to be on the consent agenda. MR. OCHS: That's all the changes that I had this morning, Mr. Chairman. CHAIRMAN SAUNDERS: All right. We'll start on the left end of the Board and see if there are any other changes. Commissioner McDaniel. COMMISSIONER McDANIEL: Good morning, sir. I have no other changes and no ex parte on the consent or summary. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: No changes, no ex parte. CHAIRMAN SAUNDERS: Commissioner Solis? COMMISSIONER SOLIS: No changes and no ex parte. CHAIRMAN SAUNDERS: And, Commissioner Fiala. COMMISSIONER FIALA: No changes, no ex parte. I just want to clarify that I understood; we talked yesterday on the median landscaping on Radio Road and also on Collier Boulevard to Wilson. That's already landscaped, is that it, and that's been in place? MR. CASALANGUIDA: Yes. MR. OCHS: Yes, ma'am. That's existing landscaping. February 11, 2020 Page 8 COMMISSIONER FIALA: I want to make sure. So if anybody reads that, I want to make sure that it's a fair thing. MR. OCHS: You're correct. COMMISSIONER FIALA: Okay. Thank you. No changes. CHAIRMAN SAUNDERS: And I have no changes and no ex parte as well. February 11, 2020 Page 9 Item #2B JANUARY 14, 2020 BCC MEETING MINUTES - APPROVED AS PRESENTED CHAIRMAN SAUNDERS: Next is the approval of the minutes of the January 14th, 2020, meeting. Is there a motion to approve the minutes? COMMISSIONER SOLIS: So moved. COMMISSIONER TAYLOR: Second. CHAIRMAN SAUNDERS: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: It passes unanimously. Item #2C JANUARY 21, 2020 BCC RURAL LANDS STEWARDSHIP AREA WORKSHOP - APPROVED AS PRESENTED CHAIRMAN SAUNDERS: Item 2C, the Rural Lands Stewardship Area workshop minutes. COMMISSIONER SOLIS: Motion to approve. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. February 11, 2020 Page 10 COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: It passes unanimously. Item #5A PRESENTATION OF COLLIER COUNTY BUSINESS OF THE MONTH FOR FEBRUARY 2020 TO PREFERRED TRAVEL OF NAPLES, INC. ACCEPTED BY OLGA PLACERES, OWNER & PRESIDENT, KRISTINA GEAR, MANAGING DIRECTOR, KRISTINA GEAR, JENNY PIERCE, KAREN PICKRUM, AND SUE HUFF. ALSO PRESENT WAS BETHANY SAWYER, REPRESENTING THE GREATER NAPLES CHAMBER OF COMMERCE – PRESENTED MR. OCHS: Mr. Chairman, that takes us to Item 5A this morning. This is a presentation of the Collier County Business of the Month for February 2020 to Preferred Travel of Naples, Incorporated. To be accepted this morning by Olga Placeres, the Owner and President; Kristina Gear, Jenny Pierce, Karen Pickrum, and Sue Huff, also Bethany Sawyer representing the Greater Naples Chamber. If you'd please step forward and receive y our award. (Applause.) CHAIRMAN SAUNDERS: If you'd like to make a few comments, feel free. MS. PLACERES: Thank you. Good morning. Thank you so February 11, 2020 Page 11 much for this honor. We've -- my name is Olga Placeres. I'm the president of Preferred Travel of Naples. We were founded over 36 years ago by the late Earl Hodges and Ms. Wilma Boyd. Mrs. Boyd retired last August, and I became sole owner of the agency with an incredible team that has been with us for many, many years. I was lucky enough to be with Ms. Wilma for 31 years as business partner and an employee with her. Learned a lot. And here we are. We have over 55 employees and independent contractors all throughout the United States and locally. We serve our community. We're very active members in our community. We continue to serve and support local charities with fund raising events. We also are very committed to our staff and our team. Our employees have been there for a very long time. And that's what I hope to continue on as I carry on their legacy. For 13 years we have held a travel show, and over the last 13 years we've raised over a half a million dollars for charities. This coming Monday will be our 14th travel event at the Club Pelican Bay. We have a great relationship with all of our suppliers, and our main mission is our clients. We know that everything that we sell you can buy online. However, when you come to us, it's about service, and it's about sitting right there with you on the phone, through emails, and making sure that we do the best that we can for each and every one of our customers. And that's why we've been there for so many years. I welcome any questions you may have for me this morning. CHAIRMAN SAUNDERS: I will tell you I've used your agency, and you guys do a great job. MS. PLACERES: Thank you. CHAIRMAN SAUNDERS: And it is all about the service, and February 11, 2020 Page 12 it is a great service. Any other comments or questions from the Board? Commissioner McDaniel. COMMISSIONER McDANIEL: I have a story to share, and for those of you who don't know, Earl and I were very, very close for many, many years. And he had one of the coolest business cards I ever saw. And it was: For a two-way trip call Preferred, and then the other side, for the one-way trip call Hodges. MS. PLACERES: Very special man. COMMISSIONER McDANIEL: He was a 20 -- well, forever, we were -- MS. PLACERES: One and only, correct. COMMISSIONER McDANIEL: I love that man. MS. PLACERES: Excellent. CHAIRMAN SAUNDERS: Thank you very much, and congratulations. MS. PLACERES: Thank you very much for the honor. We appreciate it. CHAIRMAN SAUNDERS: Let me talk a little bit about the featured Artist of the Month. It is Black History Month, and our featured artist is a resident, Michelle Tricca. And if you'll look to the back there, you'll see some incredible photographs. Michelle Tricca is a portrait artist and mural advocate. On display is a curated selection of portraits from her current work in progress, the Face of Immokalee. This project celebrates diversity in Collier County and the soul of Immokalee through compelling portraits of its residents. Michelle displayed a bold public mural named a "Face in the Crowd," a photographic tribute to human diversity, and was recognized in 2011 with the Bill Neil Award for Public Art for the Bayshore CRA for outstanding achievement in promoting the arts, February 11, 2020 Page 13 economic development, community social interaction, and environmental sustainability. And those are some magnificent photos. Commissioner Taylor, I think, probably -- as a photographer yourself, I think you'd probably agree. COMMISSIONER TAYLOR: Yeah. They were -- I've been studying them. Wonderful. CHAIRMAN SAUNDERS: All right. Item #7 PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA MR. OCHS: Mr. Chairman, we moved to Item 7 this morning, public comments on general topics not on the current or future agenda. MR. MILLER: Mr. Chairman, I have two registered speakers for this item. Your first speaker is Garrett F.X. Beyrent, and he will be followed by Rae Ann Burton. I saw Garret here earlier this morning, but I do not see him in the room. Rae Ann, would you like to come up, please. MS. BURTON: Good morning, Commissioners. My name is Rae Ann Burton. Golden Gate Estates. The meeting of 28th January 2020 on the agenda was a very vital issue. It concerned the residents not only of Golden Gate Estates but Collier County as well. This issue is not only crucial to the unique environment area and the endangered wildlife, but also the well-being of the long-term residents, not only to Rivergrass but the future development of this sensitive area; that there should have been at least four votes to pass and not three. February 11, 2020 Page 14 In spite of over 25 comments against and even the denial from your own planning committee. And the five that approved were either on the owner's board, worked for the developer, or got a large donation. Three of this board of approved it. Commissioner Solis, you showed us a map of new building permits for the area. How many of these new permits are for site homes built by the developers to show homes for these dense developments? There are at least three on my street that are not built by individuals. These are -- even site homes on Randall. Sir, you used that map against the voters and the residents of the Estates stating scattered building to approve dense housing. It will cost 47 percent more to own in the Estates. Golden Gate Estates has a better cohesive planned neighborhood than any of the developments, especially Rivergrass. Commissioners, this project needs to go back to the drawing board for better planning. Make sure that the endangered wildlife is protected. The developers are getting credit to open a screen, clear some evasive vegetation, even credits for donating land needed for their access to Rivergrass. If these things are so important, why has it not already been done? Have they reclaimed any land for preservation from these credits? I feel the only reason this site was chosen was t o get more credits and free access road paid by the taxpayers. These villages are designed to replace the developer's withdrawn Rural Lands West so they can build it as villages without the high cost and restrictions of a town. The costs now are the taxpayers', and the developers pay less and get credits as well. We voted for you to protect us, provide us with safe February 11, 2020 Page 15 environments, and to preserve the environment and our choice of life, not to cater to the whims of the developers. This is where we live. It was chosen because of its unique environment, rural area, and wildlife. Please do not turn it to a Miami or massive houses so close together that generators are not permitted. These villages benefit no one but the landowners and the developers while destroying ours. We counted on you to protect us. Not to sell us out to the developers. MR. MILLER: Your next and final speaker for this item is Garrett Beyrent. CHAIRMAN SAUNDERS: Let me caution in terms of public comment. Your last comment is unac ceptable. We're not making personal attacks, and so, please -- in the future, please refrain from personal attacks like to selling out to developers. That is -- and you're in the audience, and your time is up, so... Mr. Beyrent. COMMISSIONER McDANIEL: Mr. Chair? CHAIRMAN SAUNDERS: Yes. COMMISSIONER McDANIEL: Just as a suggestion maybe we could, under public comment have those -- because most of the time they're preprinted -- and I'm sure Rae Ann wasn't meaning what she was saying with malice. But if someone of staff could read through those, maybe we could help better -- CHAIRMAN SAUNDERS: I don't think we should get into trying to read those statements. COMMISSIONER McDANIEL: Okay. CHAIRMAN SAUNDERS: Yeah. I just want to caution -- when this does happen, I want to caution the speakers that it's not acceptable to make personal attacks. COMMISSIONER McDANIEL: Okay. February 11, 2020 Page 16 CHAIRMAN SAUNDERS: Your views are important to us, but we try to keep away from any personal things. Mr. Beyrent. MR. BEYRENT: Good morning, ladies and gentlemen. It's award ceremony time again. And this -- these are awards that are coming out of the Golden Gate Farmers Market. And what happens is they approach me because I volunteer out there to help economic development on the lowest end of the spectrum, which is farmers markets. And what I've got is a bag that says the Golden Gate Farmers Market on it. There is an object that fits in this bag, but it is a projectile. It's a gold-plated deer, and it's a trophy for Commissioner Burt Saunders. And they all love Burt out at Golden Gate City and the Estates, particularly the city, with this whole innovation plan for the whole rejuvenation of Golden Gate City, particularly less -- the Estates that -- I'm not really considered involved with the Estates, but the City needs to be redone, and Burt's going to do it. And the reason why this is empty, I told you, but this bag is coming from the only Italian who's in the Golden Gate Farmers Market. His name is Giovanni Vandetto (phonetic). And Giovanni does not speak English. And for two years I had a little booth next to him. I thought he was Spanish, because everybody else is Latino. But as they told me, Latino is actually Italian. So the long and short of it is, this is a bag. The object is downstairs in a box. That was Mary's idea; great idea. Never bring anything into a room you can throw at people. Bad idea, except a hat, and you can throw this hat. This is a great hat. It's a D.A.R.E. program which we hope to rejuvenate starting out in Golden Gate at the farmers market. That's where this came from. What's really bothering me is that it was made in Indonesia. Do we make anything February 11, 2020 Page 17 here in this country anymore? I don't know. Anyhow, hoping to be working with you-all this year. Thank you. CHAIRMAN SAUNDERS: Thank you very much. COMMISSIONER McDANIEL: Garrett, we're all -- Garrett, what's the F.X. stand for? MR. BEYRENT: Francis Xavier. I'm a Catholic priest. Didn't you know that? Nobody told you that? COMMISSIONER McDANIEL: I've forgotten. I knew that once. MR. BEYRENT: Was that on the record? CHAIRMAN SAUNDERS: Everything's on the record. Thank you very much, Garrett. Item #9A RESOLUTION 2020-29: GRANTING A PARKING EXEMPTION IN ORDER TO PERMIT OFF-SITE PARKING FOR A DENTAL OFFICE ON A CONTIGUOUS LOT ZONED RESIDENTIAL SINGLE FAMILY (RSF-4). THE SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF TAMIAMI TRAIL NORTH, SOUTH OF RIVER COURT, IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST IN COLLIER COUNTY, FLORIDA – ADOPTED MR. OCHS: Mr. Chairman, that takes us to this morning's advertised public hearing. It is Item 9A, and this item does require ex parte disclosure by commission members, and any participants will be sworn in. This is a resolution of the Board of Zoning Appeals granting a parking exemption in order to permit off-site parking for a dental February 11, 2020 Page 18 office on a contiguous lot zoned Residential Single-Family 4. The subject property is located on the east side of Tamiami Trail North, south of River Court. MR. KLATZKOW: I'd just like to note there's no opposition to this present. CHAIRMAN SAUNDERS: All right. Let's go through the ex parte communications. Commissioner McDaniel. COMMISSIONER McDANIEL: I have no disclosures. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: No disclosures. CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: No disclosures. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: No disclosures. CHAIRMAN SAUNDERS: And I have no disclosures. And then I believe you're swearing in the participants? MR. OCHS: Do we swear in the petitioner, Mr. County Attorney? MR. KLATZKOW: Yes, this is quasi-judicial. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN SAUNDERS: All right. Good morning. If you'll state your name for the record. MR. BLUESTEIN: Jeff Bluestein for the Law Office of Tony Lawhon for the petitioner, Matthew Holton. MS. RICHARDS: Courtney Richards with Cronin Engineering. MR. BLUESTEIN: Basically, this is a parking exemption for a contiguous -- as you heard from the presentation, for a contiguous lot that is next to a dental office. There's an expansion that's planned for the dental office. There's an amended SDP that has been -- application that has been made and that is pending. February 11, 2020 Page 19 We previously applied for and were given an administrative parking reduction because we don't have the required number of spaces, which for this particular space would be 21. We have 15. I think there's an administrative parking reduction that's in place already for the existing structure from nine to six. So, essentially, we're just looking to use the adjacent residential lot for parking and to assist in the expansion. The nature of the business is unique for purposes of traffic, which I'm sure is always a pretty big concern to the Commission. It's not -- as, I think, the Court -- the Court. I apologize. I'm in front of the Court frequently. I'm in front of the Commission less. In your packet you'll see an abbreviated traffic study. The trips are minimal. I mean, this is -- this has been determined to be a de minimus impact on traffic, which is the lowest level of impact. I don't believe there's any public opposition here today. There was one person present at the planning board, but that person, I think, was satisfied with the presentation that we made. So we would ask that the Commission affirm the decision of the planning board. CHAIRMAN SAUNDERS: All right. Commissioner Taylor. COMMISSIONER TAYLOR: Just briefly. How are you protecting the neighborhood from the parking lot in terms of what kind of buffering? What are you doing? MS. RICHARDS: There's going to be a 6-foot -- I believe it's 6-foot -- yeah, 6-foot masonry wall in addition to a landscape buffer. We're going to be doing a Landscape B buffer there as well. MR. BLUESTEIN: Fifteen-foot. COMMISSIONER TAYLOR: Okay. Thank you. CHAIRMAN SAUNDERS: All right. Any other questions? (No response.) CHAIRMAN SAUNDERS: Do you have anything else in your February 11, 2020 Page 20 presentation? That concludes that? (No response.) CHAIRMAN SAUNDERS: Any presentation from staff? MR. OCHS: No, sir. COMMISSIONER TAYLOR: Move approval. COMMISSIONER McDANIEL: Second. CHAIRMAN SAUNDERS: Then we'll close the public hearing. I assume that no one's registered to speak. So we have a motion and a second to approve. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: It passes unanimously. Thank you. Congratulations. MR. BLUESTEIN: Thank you. CHAIRMAN SAUNDERS: That moves us to Item 12A; is that correct, Mr. Ochs. MR. OCHS: Yes, Mr. Chairman. Just, if I could, we got a note from Minutes and Records on the email here that, apparently, we failed to formally approve Item 2A, which was the regular and consent agenda and summary agenda. CHAIRMAN SAUNDERS: Okay. MR. OCHS: If we could just clean that up. CHAIRMAN SAUNDERS: We'll back up. I will entertain a motion to approve the regular and consent agenda. COMMISSIONER SOLIS: So moved. February 11, 2020 Page 21 COMMISSIONER TAYLOR: Second. CHAIRMAN SAUNDERS: We have a motion and second. All in favor, signify by saying aye. COMMISSIONER SOLIS: Aye. COMMISSIONER FIALA: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER TAYLOR: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? (No response.) CHAIRMAN SAUNDERS: It passes unanimously. MR. OCHS: Thank you very much. Item #12A THE COUNTY ATTORNEY TO ADVERTISE, AND BRING BACK FOR PUBLIC HEARING, AN AMENDMENT TO ORDINANCE NO. 2013-25, AS AMENDED, THE COLLIER COUNTY HEARING EXAMINER ORDINANCE, THAT WOULD REVISE THE HEARING EXAMINER’S POWERS AND DUTIES AND ESTABLISH DIRECTIVES REGARDING THE HEARING EXAMINER’S CONDUCT – MOTION TO APPROVE ORDINANCE AS DRAFTED – APPROVED; STAFF DIRECTED TO SEAK OUT A STAFF MEMBER POSITION TO FILL THE VOID AT GROWTH MANAGEMENT OF AN ADVISORY THAT WAS PREVIOUSLY PROVIDED BY MARK STRAIN – CONSENSUS MR. OCHS: Yes, sir, now we move to Item 12A. This item was continued from your January 28th, 2020, BCC meeting. It's a recommendation to direct the County Attorney to advertise and bring February 11, 2020 Page 22 back for public hearing an amendment to Ordinance No. 2013-25, the Collier County Hearing Examiner ordinance that would revise the Hearing Examiner's powers and duties and establish directives regarding the Hearing Examiner's conduct. Mr. Klatzkow. MR. KLATZKOW: Yeah. I don't know if the Board requires a presentation, since this is a continuation. CHAIRMAN SAUNDERS: I think it would be helpful to have a brief presentation on that, if there's no objection from the Board. (No response.) MR. KLATZKOW: For the record, Jeff Klatzkow, County Attorney. Just to get back to a little historical in time, the original ordinance was drafted in large part with Mark Strain in mind. It was the thought process that Mark would be a full -time employee stationed at Horseshoe, and part of his duties would be a traditional hearing examiner where he would hold hearings, but also part of his duties would be just to be at Horseshoe to answer questions from the public, from staff, and from my office. Commissioner Solis believes that the appropriate method for a hearing examiner would be more as -- in a judicial role rather than as a county employee. And there are many ways to view this. At the end of the day, it's a policy decision. So that what the ordinance does is that it eliminates the additional duties, which would make the Hearing Examiner available for questions from the Commission, from staff, from my office. And, again, that was Mark's role as a full-time employee. And instead it takes the Hearing Examiner ordinance and it migrates it more towards a judicial function. The second portion of the ordinance -- Mr. County Manager, if you can put that on -- would be in light of that, what we've done is February 11, 2020 Page 23 we've taken basically the conduct of what a judge would have, and we've recast that as the conduct of the hearing examiner to, again, make it more in the role of a judge's role, sort of like what Brenda Garretson does for us as a special magistrate. Sort of the same concept. Migrating from, again, an employee to more of Brenda Garretson's role as a special magistrate, just hear -- actually hear pending issues. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Yes. If you would be so kind to put this on the visualizer. COMMISSIONER McDANIEL: I would have done it. I'd have got up and ran it for you. COMMISSIONER TAYLOR: In response to a conversation at our last meeting, I did call our Hearing Examiner, or former Hearing Examiner, Mark Strain, to find out, Mark, you actually said you're not needed? And he said, no, no, no. What I said is -- this is the number of hearings that he had over a seven-year period, 257. He said, the majority of my work was answering questions for staff, for calls from the public, and from the commissioners. He said that's where I worked. That's why I spent 12-hour days. It wasn't this (indicating). This is very important, but -- and so I listened to it, and I said, well, that makes great good sense. So then I thought, well, how are we going to fill that void? Now -- COMMISSIONER McDANIEL: Never, by the way. COMMISSIONER TAYLOR: Well, you know, that's what I said. But then I've been hearing people that are much more experienced in staff than I am saying, you know, there may not be an exact Mark Strain, but there might be someone out there that could fill that role that would be judicial but also be willing to do the February 11, 2020 Page 24 research for -- to answer these questions. And I actually had a very impassioned conversation in terms of the need, the great need of staff to have this kind of research at their fingertips when they're going to the Commission with a decision that might be quasi-judicial or, you know, range from the normal decisions on a day -to-day basis. So I'm wondering and thinking about this. Maybe rather than -- understanding where we're headed, understanding that we've got a hearing examiner ordinance that needs -- we need to find a hearing examiner. There's no argument about that. Perhaps rather than creating this ahead of it, maybe we could go out into the public and ask for people to respond. I'm remembering so often retired judges, and they're called special masters, and in the city we utilized them on more than one occasion. Those folks are out there, and perhaps we could -- rather than right -- accept this right now as -- in terms of what we should do, we should leave the hearing ordinance the way it is and then see who answers and see if they're willing to do it. I mean, it's -- I really understand why there has to be a vote of three in order for this commissioner to ask -- a vote of three up here, like a majority of my colleagues just saying, yes, it's okay to call the Hearing Examiner about this. I can tell you that there are occasions where having meetings every two weeks, there's no time to do that. COMMISSIONER McDANIEL: Right. COMMISSIONER TAYLOR: This is a huge, huge void that I'm learning about from more than one quarter, which is my quarter. I'm learning about it from the people, and I'm learning about it from staff, and I think we owe it to our government to find a person that will never fill the shoes exactly but perhaps would be willing to work with us so that we could bring somebody in here who could answer questions without having a majority of commissioners agree to it. So that's -- February 11, 2020 Page 25 CHAIRMAN SAUNDERS: Commissioner Solis. COMMISSIONER SOLIS: Yeah. And I understand that. And I just -- going back to what I said at the last meeting, we have what I think is one of the most professional staff in the state of Florida. It seems to me if one of us needs research or historical data or anything like that, we should ask the staff for that, and we can ask the staff for that without even having a vote. I mean, that's what our staff is for. If we need a dedicated staff person to do that, that's a different iss ue. But I think it's -- and, certainly, we need back up. Sometimes the issues are complicated, the history is long, and we need some assistance like that. But I think that, you know, separating those two functions is really the appropriate thing to do. And I would only suggest that in order to go out to the community -- and I agree, there are a number of very qualified people, not the least of which would be judges, retired judges, that could do this hearing examiner work. I think they need to know clearly what their role's going to be. So, you know, I was tasked with amending this to make it more of a judicial role, separate these functions, which I think would be helpful to do. And I don't know that separating the functions prevents us from getting the kind of support that we need on land-use issues. I mean, it's -- our staff is always available without the need for a vote. CHAIRMAN SAUNDERS: Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, I agree with Commissioner Solis. You know -- and I'm -- and I'm okay with these suggestions for the adjustments to this particular ordinance. I have said in the past, I don't think we should be in a rush to fill the position necessarily right now. I have had conversations with Mark Strain. By the way, he's still around. He's just now riding on his newly refurbished tractor that he got done. He's harder to get. He's not February 11, 2020 Page 26 sitting there waiting for you to call like he used to be, but he still is available to us and by no means is an invaluable information source. Has been for our community forever. But one of the suggestions I would like to make -- and I'm -- Nick, you and I were talking about it yesterday -- is maybe a hybrid of such to not necessarily -- because -- or Mark Strain has suggested that with some instruction, if you will, guidelines from the Planning Commission, a lot of these decisions can be done administratively by our staff and not have to relegate everything back through the old that way it was with the Planning Commission and coming back to us. So my suggestion is, let's let this go forward as-is, whereas, because we don't have a hearing examiner lined up yet, per se, and then I would ask the County Attorney to maybe do some looking into other communities, what other communities do with their hearing examiners and the like, and maybe we could come back with some kind of -- again, I don't have an issue with what Mr. Strain was doing, but I'm just -- I think we're -- there are other ways to accomplish the same goal. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yes. I think it's going to be difficult to find somebody on the street with the history that we need to answer some of the questions, and that history is important. I don't know. But there are people out there, I'm sure, but I don't think we can be in a rush to hire anybody until we find the right person, because there's some big shoes to fill here. COMMISSIONER McDANIEL: There sure is. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: I think the question is, do we hire two people? Do we hire a hearing examiner, and then do we hire someone that would be available for the research? February 11, 2020 Page 27 And I just would remind this commission and Commissioner Solis, it was staff that had the impassioned plea. It was staff, that they need that help. This isn't just Commissioner Taylor saying, gee, it was great to be able to call Mark up from time to time. It was staff. And I think if you took a poll of the public, you'd find that it would be the same thing; that that research is a critical void in hiring a hearing examiner only in a -- as a judicial role, because that's not what Collier County has. This ordinance that was written, it was written by staff to fulfill a need at the time, and I think that need is still here. CHAIRMAN SAUNDERS: All right. I agree with Commissioner Solis and Commissioner McDaniel, and I believe Commissioner Fiala is on board as well. I would entertain a motion to approve the ordinance as recommended along with direction for staff to explore the potential for that position that's been described. But first let's deal with the ordinance itself. Is there a motion to approve the ordinance? COMMISSIONER SOLIS: I'll make the motion to approve. CHAIRMAN SAUNDERS: Is there -- COMMISSIONER McDANIEL: Second? CHAIRMAN SAUNDERS: All right. We have a motion and second. Any discussion? COMMISSIONER FIALA: Just one more thing. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Many times I would have constituents call and ask me different questions, but it got into the history and so and so on; it isn't this. And sometimes the staff members were new, and they didn't have that. And I would always ask Mark if he would mind if somebody gave him a call. He said, just give them my cell phone number. I'm here. And so I think we're going to have to be really selective in trying to February 11, 2020 Page 28 find somebody that will fill all the bills that are needed. COMMISSIONER TAYLOR: But, remember, according to this ordinance, ma'am, we have to come back to the Commission to ask their permission for even the public to do it, because he's a subcontractor. So it's by the hour. This isn't a salaried position. CHAIRMAN SAUNDERS: All right. We have a motion and a second. COMMISSIONER FIALA: One more thing. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: We have to make sure, though, that we move forward with this, because we've got a lot of developers that are counting on people just figuring the simple things out and getting it done, and we can't let them hanging out there, whether -- COMMISSIONER TAYLOR: They can't call. COMMISSIONER FIALA: -- it be for docks or anything. COMMISSIONER TAYLOR: They're not going to be able to talk to the Hearing Examiner either without our permission, with our vote, and that's the -- that's the problem with this ordinance the way it's written. CHAIRMAN SAUNDERS: All right. We have a motion and a second. Let's deal with the ordinance, and then we'll deal with the staff issue. All in favor of the ordinance as drafted, signify by saying aye. COMMISSIONER SOLIS: Aye. CHAIRMAN SAUNDERS: Aye. COMMISSIONER McDANIEL: Aye. CHAIRMAN SAUNDERS: All opposed? COMMISSIONER FIALA: Aye. COMMISSIONER TAYLOR: Opposed. CHAIRMAN SAUNDERS: It passes 3-2. The next issue -- and it's not on our agenda, but there's been a lot February 11, 2020 Page 29 of discussion concerning the potential need for some staff person to fill the void left when Mark Strain resigned as our hearing examiner. I think if staff could come back to us and kind of report how you might fill that void, if that void needs to be filled, would that satisfy everybody in terms of -- COMMISSIONER TAYLOR: Yes. CHAIRMAN SAUNDERS: All right. So you've got that direction. COMMISSIONER TAYLOR: And, excuse me. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Before we leave this topic, how are we doing about our director of zoning, I guess it is? COMMISSIONER FIALA: Say that again, please. COMMISSIONER TAYLOR: Since Mike Bosi has left and Mr. Weeks is going to be leaving, where are we with our search? MR. CASALANGUIDA: We've hired an outside firm. They're receiving and vetting applications right now. Tentative date is April to be -- to secure that. COMMISSIONER TAYLOR: Okay. MR. CASALANGUIDA: Yeah. COMMISSIONER TAYLOR: Thank you. CHAIRMAN SAUNDERS: All right. Mr. Ochs? That takes us to... Item #15 STAFF AND COMMISSION GENERAL COMMUNICATIONS MR. OCHS: Yes. Mr. Chairman, that takes us to Item 15, staff and commission general communications. First item of communication is just to remind the Board that February 11, 2020 Page 30 your next workshop is April 7th at 9:00 a.m. That's your annual workshop with your two CRAs. Again, that's April 7th at 9:00 a.m. The second item I have, Commissioners, is I've asked Mr. Mullens to come up and provide a brief summary of the trip that the Chairman and Commissioner McDaniel and John took to Tallahassee, and, specifically, an update on the vacation rental bill, and I'm sure that the Chair and Commissioner McDaniel might want to chime in here as well. CHAIRMAN SAUNDERS: We'll have some comments, I'm sure. But before John starts, I just want to congratulate and thank him. He does a tremendous job for us up in Tallahassee. Everything's well organized. Our lobbyist -- our lobbying firm, they do a great job for us. So I had absolutely no negative in terms of changes or anything. You're doing a great job for us, so... MR. OCHS: Thank you, sir. COMMISSIONER McDANIEL: Second. MR. MULLENS: I appreciate that, especially given the circumstances of the return trip home. Something I think both of us would like to forget. But, yeah, as Leo said, I've been asked to give you an update on vacation rental legislation that is currently moving through both houses of the legislature. And to begin to do that, I also want to do a brief history to put the bills into context. Now, prior to 2011 local governments regulated the vacation rentals. Now, they could restrict or ban the use of residential properties via vacation rentals, but in 2011 the State pre empted local governments from enacting any law, ordinance, or regulation that restricted the use, prohibited vacation rentals, or regulated vacation rentals based solely on their classification, use, or occupancy. And the 2011 preemption did not apply to local regulations enacted on or before June 1st of that year. And that's what brings us February 11, 2020 Page 31 to current law. In 2014, the legislature gave us current law and narrowed the preemption to those local regulations which prohibit vacation rentals or regulate the duration or frequency of vacation rentals. Now, the 2011 grandfathering still remains. However, the last few sessions have seen several attempts to revisit aspects of vacation rentals or completely preempt. Now, latest session there were three sets of vacation rental bills with differing levels of preemption. This session there's a more focused approach with only one pair of companion bills. Now, these companion bills expressly preempt all regulation of vacation rentals to the State, including inspection and licensing. Now, local governments can continue to regulate activities at the rental provided the regulation applies uniformly to all residential properties. Now, Senate Commerce and Tourism is going to meet in about 15 minutes, and they have a Senate strike-all amendment by the sponsor of the bill pending which would allow for local regulations to be adopted provided it's less restrictive regarding a prohibition, duration, or frequency without losing grandfather status. COMMISSIONER TAYLOR: So would you translate that to English, please? MR. MULLENS: Basically, what it is saying is that the grandfather clause that applied to regulations prior to 2011, a lot of municipalities have been hesitant to go back and loosen restrictions because any change whatsoever would cause you to lose your grandfather status. So this would allow you to be less restrictive and not lose that grandfather status. COMMISSIONER McDANIEL: Make adjustments. MR. MULLENS: Now, the legislation also preempts the regulation of the advertising platforms to the State, and it requires the February 11, 2020 Page 32 owner of the vacation rental to display, inside the rental and on the advertising platform, the license number, sales tax registration, and the TDT number. And the current language says that the advertising platform must attest, to the best of their knowledge, that the posted information is current and accurate; however, the advertising platform is not required to verify such information. Once again, at 10:00, the Senate strike-all has language that says that the platform has to verify the license prior to advertising the rental, and the platform would have to update that verification every three months. Also, on a quarterly basis, the advertising platform has to provide DBPR with the website address of the listing and the aforementioned tax and license numbers, and the advertising platform must remove a listing within 15 business days after being notified in writing that the vacation rental fails to display a valid license number. Now, when DBPR has probable cause to believe a person not licensed has violated the laws or rules, they may issue and deliver a cease and desist notice, and it's also important to point out that the bills do not supersede any current or future declaration for condo, co-op, or HOA. COMMISSIONER TAYLOR: Is that the exact wording, if you go back to that slide, "may"? It's not "shall"? MR. MULHERE: It says "may." COMMISSIONER McDANIEL: Where do you read "may"? COMMISSIONER TAYLOR: First bullet. MR. MULLENS: Now, as the current legislation reads, prior to the adoption of any Senate amendment at today's committee meeting that's about to begin, both bills currently amend the definition of vacation rental to now include the rental of a single bedroom or group of bedrooms within a single house or dwelling. So units that are currently exempt would have to obtain a vacation rental license. February 11, 2020 Page 33 Now, the pending Senate amendment would remove that language that requires licensing an individual inside of the house or dwelling. And DBPR had initially estimated it was going to take six FTEs to handle all the new responsibility. Last week the House amended their bill to provide for 19 new positions, and the pending Senate amendment this morning does not make any recommendation for increases in FTEs. Now, today's pending Senate amendment also adds new language to this year's legislation. For one, if a guest uses an online platform to pay for their vacation rental, the platform must collect and remit all sales and use taxes and the county's TDT tax. Also, via the proposed amendment, antidiscrimination law that currently applies to public lodging establishments and public food services would also now apply to vacation rental properties. Now, currently, both FAC and the League of Cities oppose the current language of the bills. Now, should efforts to stop the bill fall short, Collier County's fallback position is to have the bills include the reporting of a local responsible party with applicable contact information and to make sure that the local governments have consistent access to that information for their use. And I say "fallback position" given that this year is the best shot the vacation rental industry has had in prompting complete legislative preemption. Airbnb, a big player, is no longer on the State's scrutinized company's list, and their pack spent the end of 2019 making what I would call making very politically savvy contributions. And last year the House moved a similar bill all the way to the floor. Their appetite for preemption is always there. In the Senate, this year's committee routing is also more hospitable to passage. The committee and chair that effectively killed the bill last year was the first to pass it out a couple weeks ago 8-2. The Community Affairs Committee that would have likely February 11, 2020 Page 34 killed the bill last year, had the first committee not already done the deed, was removed from the bill's routing this session. And last session -- or the last stop this session, the Rules Committee has 9 of the 10 members of the first committee that passed it 8-2. Now, of course somebody can always change their mind, but if they don't, they already have a six "yes" vote head start, and you only need nine votes to report it to the floor. So the planets are aligning. This has a very clear path to passage. Now, there are several members of the legislature, including some of our own delegation, that still want to see further amendments to the bill. They don't want to see preemption without a plan. So we're hoping that in the last stop in the Senate, the Rules Committee, that we'll see some further tweaking to this if FAC and the League of Cities aren't successful in trying to stop the bill in its entirety. And with that, I will attempt to answer any questions you may h ave. CHAIRMAN SAUNDERS: Do you have anything else in your report, or does that conclude your report? MR. MULLENS: That was the sum of it but, I mean, if you would like to do an overview of the trip itself and things that were accomplished, I'm happy -- CHAIRMAN SAUNDERS: Let's see if there's any questions on -- Commissioner Fiala -- or, I'm sorry, Commissioner Solis had his -- COMMISSIONER SOLIS: I was just going to have a request that -- could you provide this summary to the TDC members? Because I know this is going to come up. Maybe it will be passed by the time we get to the next TDC meeting, which I was trying to find. It is -- well, it's the 24th. So will it be done by then, one way or the other? MR. MULLENS: You can't predict whether or not it will actually be done, but by then it could have significantly changed. February 11, 2020 Page 35 COMMISSIONER SOLIS: Yeah. Well, if we could just plan on -- if you could come to the TDC meeting and just give us an update. I know they're all going to want to hear where it stands and any changes that have been made, so that would be very helpful. MR. MULLENS: Absolutely. CHAIRMAN SAUNDERS: Commissioner Fiala. COMMISSIONER FIALA: Yeah, just a question. If you've got -- if you've got a person renting rooms out four rooms in their house, and -- but they're renting them to unsavory characters -- in other words, there was one down the street, and they were renting to everybody that is out on bail, and they needed to stay close to the jail. And there were some characters that, let me say, just caused problems. The neighbors railed up in protest and -- because they couldn't stop it, and she's renting it by the night. And, finally, what -- the cops had to close the place down, because it was really a difficult thing. Now, the neighborhood got her out of there, but what can people do to protect themselves when everything is preempted and there's no protection whatsoever for your neighborhood? MR. MULLENS: Well, that is the question. MR. KLATZKOW: The answer to that is if it constitutes a nuisance, we'll work with the Sheriff's Office, and we've done that in the past from time to time. So if it's a legal nuisance, we would take care of it that way. CHAIRMAN SAUNDERS: We still have the ability to deal with Code Enforcement violations. MR. KLATZKOW: Yes, we do. CHAIRMAN SAUNDERS: As long as we treat all properties in a similar fashion, which we would do anyway. MR. MULLENS: Correct. CHAIRMAN SAUNDERS: Commissioner McDaniel. February 11, 2020 Page 36 COMMISSIONER McDANIEL: Well, one of the things we learned, or I learned while we were there, too, a lot of this legislation, as it's coming through, is relegating the enforcement actions over to the DBPR. And we also learned that they are currently the regulatory body for hotels, hotel rooms, and are only getting to 20 percent of those, which I think is one of the reasons why there was a jump. They had said they needed six additional people, and the House put 19 on them. So it's somewhat disconcerting to me. I know we regularly asked our legislators to get, you know, what John has referred to as our fallback position, but I really think it's imperative that local government has a local individual. You know, that particular circumstance would give our Sheriff's Office, our Code Enforcement, an opportunity to help protect neighborhoods while this preemption's, in fact, going on. CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: I wondered if there would be support on the Commission for our chairman to write a very direct and explicit letter to that effect to the chairman of the Senate and the chairman of the House expressing our grave concerns on what is transpiring. CHAIRMAN SAUNDERS: We can do that. You know, both the associations have done all of that. And the bottom line, ultimately, is going to be that our only avenue of enforcement is going to be Code Enforcement. We're not going to be able to regulate duration or location of these facilities regardless of what happens this session. A letter to the Senate president and the Speaker of the House will do nothing. And so at some point -- and maybe this will be a discussion at a commission meeting agenda item -- what do we need to do in terms of beefing up our Code Enforcement so that if there's a situation like February 11, 2020 Page 37 Commissioner Fiala has described and there's a call to Code Enforcement, we have somebody that can go out there and cite them. We start citing the property owner as well as the person in the property, you start placing liens on people's property for code violations, they're going to start cleaning up their operations. But Code Enforcement's going to be the only way we're going to be able to really deal with this issue. Legislature's going to continue the preemption in terms of location and duration of those things. COMMISSIONER TAYLOR: Well, then perhaps we could send the letters to our delegation. MR. MULLENS: We actually made a presentation directly to Senator Passidomo, who is the majority leader in the Senate, giving the fallback position should the bill advance to pass. CHAIRMAN SAUNDERS: And our delegation's position is they want to move forward with the preemption. MR. MULLENS: Right. COMMISSIONER FIALA: They do? CHAIRMAN SAUNDERS: Absolutely. So, like I say, the bottom line is, there's nothing we can do in terms of this preemption, but we can beef up Code Enforcement to make sure that if there are egregious violations, that we're on top of it and would start imposing liens and foreclosing on those liens. MR. MULLENS: And keep in mind, too, when you're talking about trying to sway the leadership on this issue, it was the very same leadership that provided the preferential routing of the bill. So they're kind of helping it along. I don't know that -- as Commissioner Saunders had said, that writing them a letter is really going to do much good other than expressing your disdain for their approach. CHAIRMAN SAUNDERS: And all of that's been done. COMMISSIONER TAYLOR: Well, I think it puts them on record that their community that we represent is not supporting their February 11, 2020 Page 38 actions. I think that's very important. CHAIRMAN SAUNDERS: All right. Well, I don't have any problem signing a letter if that's the will of the Board, but I'll tell you that it's -- it's not going to do anything. COMMISSIONER McDANIEL: That's what I was going to say. CHAIRMAN SAUNDERS: And we are already on record. We just went on record saying that. So I would suggest that that's just a waste of time. COMMISSIONER SOLIS: Save the paper. CHAIRMAN SAUNDERS: Yeah, save the paper; save the trees. I'd like to make a couple comments in terms of the issue. We did have some very good meetings in reference to the veterans nursing home. There are some issues there we're trying to work around. The biggest stumbling block I think we have right now is that the federal government may be reducing the number of nursing homes that they're going to continue to build. But I will tell you that the Department of Veterans Affairs and the Governor's Office, those folks really are excited about the proposal that we have, and we know that there's going to be at least one more nursing home in Florida. There's another county that's kind of been in line for that, but that county doesn't have any capital to offer for the project. So there's a -- we have the potential of getting that last one, and there also is the potential that the federal government may do more than one, so our staff is on top of it. The lobbyist is. And it was very good conversations that we had in reference to that. Any other questions concerning the delegation or the report? MR. OCHS: Mr. Chairman, if I could ask John to just spend a quick minute briefing the status of the statute on the regulation of pet February 11, 2020 Page 39 sales. MR. MULHERE: Actually, there's not much to report on that other than the fact that it has hit a roadblock. Last week Senator Diaz had three bills up in his Senate committee, one of which was the pet store regulation bill. He did not attend that meeting, and all three of those bills were temporarily postponed to a later time. Well, that committee is also meeting this week, and the agenda is up, and two of the three of those bills are back on the agenda. The one that is not is the pet store regulation bill. So with the clock running now and three committee stops to get through on both sides and neither bill having actually been heard in a committee, it's looking like that bill probably will not progress, at least so far. CHAIRMAN SAUNDERS: There's only going to be a couple more weeks of committees. They'll stop having committee meetings pretty soon. MR. MULLENS: Yeah. Some subcommittees have already stopped meeting. CHAIRMAN SAUNDERS: All right. MR. OCHS: Mr. Chairman, given that this board is -- we're scheduling for your next meeting on the 25th to have you review the ordinance amendment here locally that deals with that issue. CHAIRMAN SAUNDERS: Yep. All right. MR. OCHS: Thank you, John. CHAIRMAN SAUNDERS: All right. Thank you. COMMISSIONER McDANIEL: Do we think we would be prudent to wait to make sure that we're not going to get preempted legislatively and go through a motion on something that isn't -- that we're not going to necessarily be able to do? MR. MULLENS: Anything can happen, but the odds are not in favor of the bills passing. CHAIRMAN SAUNDERS: Yeah. I think Mr. Mullens is February 11, 2020 Page 40 correct that there's very little likelihood of that passing. So at some point in time we have to take that up and -- COMMISSIONER McDANIEL: Yeah. Well, that was our direction, to take it up. MR. MULLENS: Not to mention, once again, that when you're talking about adding vacation rentals, you're talking about beefing DBPR, more FTEs. Also the pet store regulation bill would have required a lot more staff time of DBPR in doing those facilities as well. I just don't know how much they can put on DBPR in one session. CHAIRMAN SAUNDERS: All right. Well, thank you, and, again, a really good job done. MR. MULLENS: Thank you. MR. OCHS: Thanks, John. CHAIRMAN SAUNDERS: All right. We're on our -- Commissioner Solis. COMMISSIONER SOLIS: Just in relation to this -- to the delegation and the trip that you took to Tallahassee, I would like to thank you for your leadership in working to get this veterans nursing home in Collier County. I mean, that's -- that is a wonderful thing. We need it. And thank you for your fellowship taking that on and doing what you can to make it happen. CHAIRMAN SAUNDERS: All right. Well, thank you. And while you've got the microphone, we'll start at this end of the dais in terms of the -- COMMISSIONER SOLIS: Other than that, I have no comments. CHAIRMAN SAUNDERS: Okay. And I always forget our clerk. So let me give you two shots at that. THE CLERK: Thank you, Commissioner. I just have some great news. We're looking forward to Friday. We have the wedding February 11, 2020 Page 41 planning, and we will actually be marrying six couples, assuming that they will be there on time on Friday, and we have 17 couples that will be renewing their wedding vows. So we look forward to a very positive courthouse event. Thank you. CHAIRMAN SAUNDERS: And I think you should mention -- COMMISSIONER FIALA: On Valentine's Day? THE CLERK: On Valentine's Day. CHAIRMAN SAUNDERS: I think you should mention that you're going to have a very special cake. THE CLERK: Yes, we are. Thank you. The Seed to Table has contributed, as have other community partners, some very nice honeymoon gifts and gifts for the couples. And also we have about, I guess, a four-tier wedding cake that we'll have photo opportunities. So we'll have a photographer. We hope it's going to be a really fun event. And we have gotten a lot of information from public sponsors, so we appreciate that. And we will have a list of those on our website and on the program available Friday. So we're looking forward to it. CHAIRMAN SAUNDERS: Mr. Klatzkow, did you have anything to add? MR. KLATZKOW: No, sir, but thank you for asking. CHAIRMAN SAUNDERS: And, Ms. Kinzel, do you have anything else to add. THE CLERK: No, thank you. CHAIRMAN SAUNDERS: That makes up for the two times I missed you. Commissioner Fiala. COMMISSIONER FIALA: Nothing. CHAIRMAN SAUNDERS: All right. Commissioner McDaniel. COMMISSIONER McDANIEL: Yes, I have two. First off, February 11, 2020 Page 42 County Manager, you got away from me yesterday, and I wanted to ask, we had a workshop a couple, three weeks ago that was advertised for quite some time for the Rural Lands Stewardship Overlay, and I had -- my memory was that we were to be reviewing -- typically, we review GMP amendments that come along with the Board's recommendation, and I think the Board recommended to lean on the five-year review committee's suggestions and such. And I saw none -- I saw none in the workshop as far as specific GMP amendments, and I was wondering when we might be looking forward to seeing those. MR. OCHS: I believe it's June, but let me verify that, sir -- COMMISSIONER McDANIEL: Okay. MR. OCHS: -- and I'll send a notice to all the Board members on that. COMMISSIONER McDANIEL: Very good. Very good. And then, secondly, I have a little bit of congratulations on, I believe it was January 30th -- January 23rd, our folks over at the Collier County South Regional Water Treatment Plant received a recommendation from the DEP with regard to the 2019 Drinking Water Plant Operations Excellence Award, and that wa s sent to our plant manager, Mr. Lewis. And I just -- I just wanted to recognize our folks. They're such a hard-working team, 24/7/365. And the folks -- and that entire team that works in our Utility Division, they deserve an applaud. So I wanted to say thank you to everyone. (Applause.) CHAIRMAN SAUNDERS: Commissioner Taylor. COMMISSIONER TAYLOR: Yeah, just a couple of things. Where are we with aggregation rule? MR. CASALANGUIDA: Part of the package. MR. OCHS: That's part of the GMP amendment. COMMISSIONER TAYLOR: GMP? Not until June? February 11, 2020 Page 43 MR. CASALANGUIDA: It has to go through Planning Commission and public vetting, so not till June. COMMISSIONER McDANIEL: I was under the impression that the aggregation rule was gone. COMMISSIONER TAYLOR: No, so we're bringing it back. MR. CASALANGUIDA: We are. COMMISSIONER TAYLOR: Because it was gone. It was gone with the -- COMMISSIONER McDANIEL: It is gone. COMMISSIONER TAYLOR: Yeah, but now we -- COMMISSIONER McDANIEL: It is gone. COMMISSIONER TAYLOR: -- want to reinstate it. COMMISSIONER McDANIEL: Ah. Okay. Okay. Gotcha. COMMISSIONER TAYLOR: Okay. And then I had a conversation from the RPC with Ms. Werstill (phonetic), and I wondered if there was any will of this commission -- apparently she was under the understanding that you give a 12-month notice that you are going to not pay your dues, and I think our County Manager was correct, and we give a 12-month notice or that we can -- we don't need that 12-month notice. And so I don't know where -- if we have it budgeted, but I think right now, given my conversation with Ms. Werstill, to see if there's any will to pay that one last time to the RPC and then -- CHAIRMAN SAUNDERS: Could I suggest that we place that on the next agenda for discussion so that we can have information from our staff on that as opposed to trying to make a decision on the fly here? Would there be any objection to having that discussion as a regular agenda item at the next meeting? COMMISSIONER McDANIEL: I think it's very prudent. Actually, I have a lot of information, but we can -- and you folks aren't necessarily as well informed as Commissioner Taylor and I on February 11, 2020 Page 44 this. CHAIRMAN SAUNDERS: Any objection to -- COMMISSIONER SOLIS: No. CHAIRMAN SAUNDERS: So, Mr. Ochs, if you would, at our next meeting, have that on the regular agenda. MR. OCHS: Yes, sir. CHAIRMAN SAUNDERS: And provide us some information or backup -- MR. OCHS: Will do. CHAIRMAN SAUNDERS: -- so we can make the right decision. MR. OCHS: Will do. CHAIRMAN SAUNDERS: Anything else? COMMISSIONER TAYLOR: That's it. CHAIRMAN SAUNDERS: All right. I have a couple things. I'm glad you mentioned the water quality, and this is not a reflection on staff or anything but just something to reassure the public. There's been a lot of publicity about drinking water quality from counties and municipalities around the country. And I know we do water-quality testing and all of that. Perhaps it would -- if staff could give us a report at our next meeting just on how we stack up in terms of the quality of our drinking water so that the public knows that we're on top of any issues that may come up. MR. OCHS: I'll be happy to do it. CHAIRMAN SAUNDERS: All right. And then, secondly, I had a meeting last night with the Pars Condominium Association over in Golden Gate City, and we had, I think, probably about 125 people there. COMMISSIONER TAYLOR: Wow. CHAIRMAN SAUNDERS: And we had the ClubCorp make a presentation. I wanted them to begin including the public in what February 11, 2020 Page 45 they were going to -- what they're proposing. And I think, without any hesitation, I can say that the vast majority of the people in that room were very, very supportive of what the Commission is putting together for the Golden Gate Golf Course in terms of the 12-hole golf course as well as the restaurant and other facility there. There was some concern at the beginning of the presentation, and then as we went through the presentation, as ClubCorp went through the presentation, everything kind of changed in the audience and, afterwards, probably about 20 people or 25 people came up to me and said we are fully supportive. We really appreciate the Commission looking at this project because they see this as a real community asset. We had one lady in the audience before the end of the thing raised her hand and said, you know, what can we do to show our support? And I told her, we've got a zoning issue coming up concerning the number of seats in a restaurant, and we have hours of operation coming up because of some restrictions in their PUD document. And I said, send us some emails. And, you know, if you support the project, send us an email. If you're opposed to it, send us an email. Let us know what your thoughts are. And so I think that we have -- we're going to have some very significant community support for this, especially from the people that are most directly affected by it, and that's the Pars Condominium folks. Just to reiterate where we are with the issue of the number of seats in the restaurant and the hours of operation, Planning Commission voted unanimously to object to that back in, I think, January, and we voted to -- at my request, voted to send that back to the Planning Commission once we had a contractor that we were talking to and once we had some community support, if that was February 11, 2020 Page 46 going to -- if we were going to have any community support. Those two things have happened, and so I know we're going to be back in front of the Planning Commission in probably March or April -- MR. CASALANGUIDA: March. CHAIRMAN SAUNDERS: -- March, and then back before this board in April. And then hopefully ClubCorp will be able to present a site plan and give the Planning Commission some assurance that this is a project that's well thought out, as well as support from the community. So I'll keep you informed on that. Those are the only two things I had. If there's nothing else, Madam Clerk, do you have anything else? THE CLERK: No, but, Chairman Saunders, I certainly appreciate your inquiry. Thank you. CHAIRMAN SAUNDERS: Thank you. Without any further, we are adjourned. **** Commissioner Solis moved, seconded by Commissioner Taylor and carried that the following items under the Consent and Summary Agendas be approved and/or adopted **** Item #16A1 PROFESSIONAL SERVICES WORK ORDER WITH APTIM ENVIRONMENTAL AND INFRASTRUCTURE, INC., FOR A NOT TO EXCEED COST OF $44,202.60 UNDER CONTRACT #15-6382 TO SUPPORT PHASE II OF THE COLLIER COUNTY HURRICANE AND STORM DAMAGE REDUCTION (HSDR) FEASIBILITY STUDY PERFORMED BY THE UNITED STATES ARMY CORPS OF ENGINEERS, APPROVE ALL BUDGET AMENDMENTS AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM (PROJECT NO. 80366). (ALL February 11, 2020 Page 47 DISTRICTS) – TO PROVIDE TECHNICAL SUPPORT AND PROGRAM REVIEW Item #16A2 AN INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES FOR PHASE II OF A JOINT STORMWATER, WATER, AND SANITARY SEWER PROJECT BETWEEN GOODLETTE- FRANK ROAD AND US-41 AND DIRECT THE COUNTY MANAGER TO PREPARE AND ISSUE A REQUEST FOR PROPOSALS FOR THE ENGINEERING DESIGN AND POST DESIGN SERVICES FOR THE JOINT PROJECT. (PROJECT NO. 60142) (DISTRICT 4) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16A3 RECORDING THE FINAL PLAT OF RANCH AT ORANGE BLOSSOM, PHASE 4 (APPLICATION NUMBER PL20190000864), APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 5) – W/STIPULATIONS Item #16A4 RECORDING THE AMENDED FINAL PLAT OF BRENTWOOD LAKES – PLAT ONE (APPLICATION NUMBER PL20190001608) APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY. (DISTRICT 5) February 11, 2020 Page 48 – W/STIPULATIONS Item #16A5 FINAL ACCEPTANCE OF THE POTABLE WATER UTILITY FACILITIES FOR RITZ-CARLTON NAPLES HOTEL ADDITION PHASE 1, PL20190002724. (DISTRICT 2) – A FINAL INSPECTION TO DISCOVER DEFECTS WAS CONDUCTED BY STAFF ON DECEMBER 30, 2019, IN COORDINATION WITH PUBLIC UTILITIES, AND THE FACILITIES WERE FOUND TO BE SATISFACTORY AND ACCEPTABLE Item #16A6 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $31,560 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.165, PL20170004163 FOR WORK ASSOCIATED WITH ARTHREX ADMINISTRATION BUILDING. (DISTRICT 2) – WORK ASSOCIATED WITH THIS SECURITY HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED COMMITMENTS Item #16A7 CLERK OF COURTS TO RELEASE A PERFORMANCE BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS A GUARANTY FOR EXCAVATION PERMIT NUMBER PL20180000954 FOR WORK ASSOCIATED WITH ANGUILLA AT LAMORADA. (DISTRICT 5) – WORK ASSOCIATED WITH THE SECURITY HAS BEEN INSPECTED AND THE DEVELOPER HAS FULFILLED COMMITMENTS February 11, 2020 Page 49 Item #16A8 INVITATION TO BID NO. 19-7662, “IMMOKALEE ROAD LANDSCAPE MAINTENANCE – WORK AREA 18B,” TO MAINSCAPE, INC., AS THE PRIMARY CONTRACTOR, AND WALKERS SERVICE, INC., AS THE SECONDARY CONTRACTOR. (ALL DISTRICTS) – SERVICES INCLUDE MOWING, WEEDING, GENERAL SITE TRIMMING, STREET CLEANING, TRASH REMOVAL, IRRIGATION SYSTEM MAINTENANCE/REPAIR, TREE MAINTENANCE, FERTILIZATION AND TRAFFIC MAINTENANCE Item #16A9 INVITATION TO BID NO. 19-7659, “RADIO ROAD EAST LANDSCAPE MAINTENANCE - WORK AREA 23,” TO WALKERS SERVICE, INC., AS THE PRIMARY CONTRACTOR, AND MAINSCAPE, INC., AS THE SECONDARY CONTRACTOR. (ALL DISTRICTS) – FOR A THREE-YEAR TERM WITH THE OPTION TO RENEW FOR TWO (2) ONE- YEAR TERMS Item #16B1 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB), AUTHORIZES BUDGET AMENDMENTS IN THE AMOUNT OF $82,500 TO FUND THE FOLLOWING REDEVELOPMENT GRANT PROGRAMS PREVIOUSLY APPROVED: SITE IMPROVEMENT; SWEAT EQUITY; February 11, 2020 Page 50 LANDSCAPE IMPROVEMENT; AND SHORELINE STABILIZATION AND $175,000 MOVING THE EXISTING COMMERCIAL BUILDING IMPROVEMENT GRANT BUDGET TO A BAYSHORE GATEWAY TRIANGLE CRA PROJECT FUND. (DISTRICT 4) Item #16B2 THE BOARD OF COUNTY COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY BOARD, APPROVE AND AUTHORIZE THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT IN THE LAWSUITS STYLED BAYSHORE-MARCO ISLAND, LLC V. CRA (CASE NO. 18-CA- 3850), NAPLES FUNDING, LLC V. CRA (CASE NO. 18-CA- 3853), AND LENDEQUITY, LLC V. CRA (CASE NO. 18-CA- 3857) FOR PAYMENT BY PLAINTIFFS OF $360,000 AND HOMES BUILT ON ALL LOTS IN 5 PHASES OVER THE NEXT 36 MONTHS. (DISTRICT 4) – AS DETAILED IN THE EXECUTIVE SUMMARY Item #16C1 A THIRD AMENDMENT TO LEASE AGREEMENT WITH LG MERCANTILE HOLDINGS, LLC, FOR THE CONTINUED USE OF WAREHOUSE/OFFICE SPACE USED BY THE SHERIFF’S OFFICE. (DISTRICT 1) – FOR PROPERTY AT 4373 MERCANTILE AVENUE THAT INCLUDES 1,200 SQUARE FEET OF AIR-CONDITIONED SPACE, 4,800 SQUARE FEET OF NON-AIR-CONDITIONED SPACE, TWO (2) RESTROOMS, AND FOUR (4) OFFICES February 11, 2020 Page 51 Item #16C2 INVITATION TO BID (“ITB”) #20-7685, “GROUNDS MAINTENANCE – COUNTY FACILITIES” TO: COMMERCIAL LANDSCAPE PROFESSIONALS, INC., D/B/A TRIMAC OUTDOOR, MAINSCAPE, INC., SUPERIOR LANDSCAPING & LAWN SERVICE, INC., AND A&M PROPERTY MAINTENANCE, LLC, AND AUTHORIZE THE CHAIRMAN TO SIGN THE ATTACHED AGREEMENTS. (ALL DISTRICTS) – FOR THE UPKEEP AND REPAIR OF LANDSCAPING AND IRRIGATION SYSTEMS AT OVER 60 SITES THROUGHOUT THE COUNTY Item #16D1 RESOLUTION 2020-26: AUTHORIZING THE REMOVAL OF AGED ACCOUNTS RECEIVABLE IN THE AMOUNT OF $95,161.98, CONSIDERED UNCOLLECTIBLE OR SHOULD OTHERWISE BE REMOVED FROM THE FINANCIAL RECORDS OF THE COLLIER COUNTY PUBLIC LIBRARY IN ACCORDANCE WITH RESOLUTION NO. 2006-252. (ALL DISTRICTS) Item #16D2 AN “AFTER-THE-FACT” AMENDMENT AND ATTESTATION STATEMENT WITH THE AREA AGENCY ON AGING OF SOUTHWEST FLORIDA, INC., OLDER AMERICAN ACT GRANT PROGRAM FOR THE COLLIER COUNTY SERVICES FOR SENIORS TO INCREASE FUNDING FOR CONGREGATE MEALS, HOME DELIVERED MEALS, INCREASE OAA February 11, 2020 Page 52 NUTRITION SERVICES INCENTIVE PROGRAM, AND AUTHORIZE SUPPORTING BUDGET AMENDMENTS. (ALL DISTRICTS) – FUNDED BY THE FLORIDA DEPARTMENT OF ELDER AFFAIRS AND REFLECTS AN INCREASE OF $12,946 IN GRANT REVENUE AND A REQUIRED LOCAL MATCH OF $1,371.22 Item #16E1 ADMINISTRATIVE REPORTS PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING BOARD APPROVAL. (ALL DISTRICTS) – TO PROMOTE ACCOUNTABILITY AND IN ACCORDANCE WITH PROCUREMENT ORDINANCE 2017-08 Item #16E2 ADMINISTRATIVE REPORT PREPARED BY THE PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE DISBURSEMENT. (ALL DISTRICTS) – INCLUDES ON-LINE SALES IN THE AMOUNT OF $1,009.50 Item #16F1 SELECTION COMMITTEE’S RANKING FOR REQUEST FOR PROFESSIONAL SERVICES (“RPS”) NO. 20-7680, “PELICAN BAY SIDEWALK IMPROVEMENTS DESIGN,” AND AUTHORIZE STAFF TO BEGIN CONTRACT NEGOTIATIONS WITH TOP-RANKED FIRM, AGNOLI, BARBER, & February 11, 2020 Page 53 BRUNDAGE, INC. SO THAT STAFF CAN BRING A PROPOSED AGREEMENT BACK FOR BOARD CONSIDERATION AT A SUBSEQUENT MEETING. (DISTRICT 2) – EXISTING SIDEWALKS ORIGINALLY BUILT IN THE EARLY 1980’S HAVE REACHED THE END OF THEIR SERVICE LIFE Item #16F2 TOURIST DEVELOPMENT TAX PROMOTION FUNDS TO SUPPORT THE UPCOMING APRIL 2020 SPORTS TOURISM EVENTS INCLUDING THE ALLIGATOR ALLEY BASEBALL TOURNAMENT UP TO $6,750 AND THE NAPLES BMX STATE RACE UP TO $6,000 AND MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM. (ALL DISTRICTS) – LEAVES A BALANCE OF $485,385 FOR REMAINING EVENTS IN FY20 Item #16F3 EXPENDITURES THROUGH AN EXEMPTION FROM THE COMPETITIVE PROCESS TO VISIT FLORIDA FOR DESTINATION MARKETING PROGRAMS FOR A THREE- YEAR PERIOD IN THE AMOUNT OF $125,000 PER YEAR AND TO MAKE A FINDING THAT THESE EXPENDITURES PROMOTE TOURISM. (ALL DISTRICTS) – SERVICES INCLUDE DOMESTIC AND INTERNATIONAL TRADE SHOW PARTICIPATION, ADVERTISING OPPORTUNITIES, EDUCATIONAL CONFERENCES AND MEMBERSHIP FEES Item #16F4 – Continued to the February 25, 2020 BCC Meeting (Per Agenda Change Sheet); Motion taken to remain as February 11, 2020 Page 54 Consent Item #16F4 (Per Commissioners during Agenda Changes) EXPENDITURES THROUGH AN EXEMPTION FROM THE COMPETITIVE PROCESS TO J.W. MARRIOTT MARCO ISLAND FOR TOURISM PROMOTIONAL EXPENSES UP TO $100,500 PER YEAR FOR A THREE-YEAR PERIOD AND TO MAKE A FINDING THAT THIS EXPENDITURE PROMOTES TOURISM (ALL DISTRICTS) Item #16F5 A REPORT COVERING BUDGET AMENDMENTS IMPACTING RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO AND INCLUDING $25,000 AND $50,000, RESPECTIVELY. (ALL DISTRICTS) – BA #20-274, TO PROVIDE FUNDING FOR BLUE SAGE EMERGENCY REPAIRS ABOVE THE ORIGINAL 2018 ESTIMATE Item #16F6 FIRST AMENDMENT TO CONTRACT #18-7281R, TOURISM FULFILLMENT AND CALL CENTER SERVICES, TO REFLECT NEW AND REVISED COSTS TO INCLUDE FREIGHT AND SHIPPING, AS NEEDED, FOR FULFILLMENT SERVICES, AND MAKE A FINDING THAT THIS ITEM PROMOTES TOURISM. (ALL DISTRICTS) – TO REFLECT NEW AND REVISED COSTS; TO DATE THE CONTRACT HAS INCURRED FREIGHT COSTS IN THE AMOUNT OF $542.01 Item #16I1 February 11, 2020 Page 55 MISCELLANEOUS CORRESPONDENCE – ITEMS TO FILE FOR THE RECORD: February 11, 2020 Page 56 Item #16J1 TO RECORD IN THE MINUTES OF THE BOARD OF COUNTY COMMISSIONERS, THE CHECK NUMBER (OR OTHER PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR WHICH REFERENCED DISBURSEMENTS WERE DRAWN FOR THE PERIODS BETWEEN JANUARY 16, 2020 AND JANUARY 29, 2020 PURSUANT TO FLORIDA STATUTE 136.06. (ALL DISTRICTS) Item #16J2 THE BOARD APPROVE AND DETERMINE VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND PURCHASING CARD TRANSACTIONS AS OF FEBRUARY 5, 2020. (ALL DISTRICTS) Item #16K1 RESOLUTION 2020-27: APPOINTING MICHAEL MCDONALD, TO A VACANT TERM EXPIRING MARCH 23, 2023, TO THE EDUCATIONAL FACILITIES AUTHORITY. (ALL DISTRICTS) Item #16K2 RESOLUTION 2020-28: RE-APPOINTING ROBERT HAIKEL CHALHOUB AND APPOINTING BRYCE RUSSELL ALEXANDER AND BARBARA ANN DAVIS TO THE EMERGENCY MEDICAL AUTHORITY. (ALL DISTRICTS) February 11, 2020 Page 57 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:10 a.m. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ________________________________________ BURT SAUNDERS, CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK _______________________________ These minutes approved by the Board on ____________, as presented ______________ or as corrected _____________. TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING SERVICES, INC., BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC.