Agenda 01/09/2018 Item #10A01/09/2018
From: SolisAndy
Sent: Thursday, December 14, 2017 5:42 PM
To: OchsLeo <Leo.Ochs@colliercountyfl.gov <mailto:Leo.Ochs@colliercountyfl.gov>>
Cc: GoodnerAngela <Angela.Goodner@colliercountyfl.gov
<mailto:Angela.Goodner@colliercountyfl.gov>>
Subject: Item 16 A1 pulled from Consent Agenda --- Interlocal Agreement for License Plate Readers
Leo,
I would like to bring this item up for reconsideration and more discussion. I have some serious
reservations about using the County's ROW's for this and participating in it. Hopefully, the
Chair has not signed the Agreement yet. Please let me know.
Thanks.
Andy Solis, Esq.
Commissioner, District 2
Collier County Board of Commissioners
District Office: 239.252.8602
mobile: 239.315.6080
ATTACHMENT(S)
1. Item 16A1 December 13 2017 Agenda (RTF)
2. Reconsideration of matters (PDF)
10.A
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01/09/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doc ID: 4389
Item Summary: Request to reconsider Item 16A1, moved to Item 11N, from the December 12,
2017 BCC Meeting which reads: Recommendation to approve an Interlocal Agreement with the City of
Naples for the purpose of installation of License Plate Reading (LPR) cameras within County road rights -
of-way. (Commissioner Solis)
Meeting Date: 01/09/2018
Prepared by:
Title: Executive Secretary to County Manager – County Manager's Office
Name: MaryJo Brock
12/15/2017 1:52 PM
Submitted by:
Title: County Manager – County Manager's Office
Name: Leo E. Ochs
12/15/2017 1:52 PM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/18/2017 8:28 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/19/2017 8:15 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/19/2017 11:49 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 01/01/2018 9:49 AM
Board of County Commissioners MaryJo Brock Meeting Pending 01/09/2018 9:00 AM
10.A
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EXECUTIVE SUMMARY
Recommendation to approve an Interlocal Agreement with the City of Naples for the purpose of
installation of License Plate Reading (LPR) cameras within County road rights-of-way.
OBJECTIVE: To approve and enter into an Interlocal Agreement with the City of Naples for the
purpose of installation of LPR cameras within seven locations of the Collier County road rights-of-way,
and to authorize staff to issue the necessary Collier County Right-of-Way Permits once the application
documents and plans meet County code and the required permitting fees are paid.
CONSIDERATIONS: In October 2016, the Development Review Division of the Growth Management
Department received applications from the City of Naples for the installation of LPR cameras within
Collier County Right-of-Way. County staff recommended that the City and County enter into an
Interlocal Agreement to authorize this use. The cameras will primarily be installed at the entrances to the
City of Naples. The City of Naples has since adopted a Resolution approving an Interlocal Agreement
with Collier County. The Interlocal Agreement identifies the specific locations of the cameras as well as
the maintenance responsibilities of the City and the County as they relate to the cameras, cables, and
associated equipment. The purpose of the cameras is to assist the Naples Police Department and other
law enforcement agencies in advancing law enforcement and the public safety of residents and visitors. A
copy of the Interlocal Agreement is attached.
FISCAL IMPACT: The County will realize revenues as follows:
Fund: Growth Management Fund 131
Agency: County Manager
Cost Center: 138327 - Land Development Services
Revenue generated by this project: Total: $7,000. (estimated)
Representatives of the City of Naples had originally requested a waiver of permitting
fees. Since the Growth Management Development Services Division operates as an
enterprise fund and is not supported by the general fund, a waiver of the fees is not
appropriate. Rather than burdening other rate payers and their clients for costs associated
with the City’s permitting, should the Board consider the waiver of any fees, staff is
requesting that the Board allocate funds and approve any related budget amendments to
reimburse these enterprise funds for the actual costs incurred (as set forth in the Board’s
approved Fee Schedule) for this project.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - HFAC
RECOMMENDATIONS:
1.To approve the Interlocal Agreement with the City of Naples.
2.To authorize the Chairman to execute the Interlocal Agreement.
3.To authorize staff to issue the associated Right-of-Way Permit(s) once the application documents
and plans meet County code and fees are paid by the applicant.
Prepared by: John Houldsworth, Senior Site Plan Reviewer, Development Review Division
10.A.1
Packet Pg. 45 Attachment: Item 16A1 December 13 2017 Agenda (4389 : Request for Reconsideration - Commissioner Solis)
The County Sheriff, or his deputy, shall be the sergea nt-at-arms at meetings of the Board of
County Commissioners and shall carry out all orders of the Chairman to maintain order and
decorum.
(Ord. No.75-16,91(3); Ord. No.07-50, S 1)
Sec. 2-39. - Action to be taken by resolution, ordinance or motion.
Each action of the Board of County Commissioners shall be taken by resolution, ordinance or
legally binding document approved as to form by the County Attorney, except approval of
administrative matters may be by motion adopted and recorded in the minutes.
(Ord. No.75-16, S 1(4); Ord. No.07-50, S 1)
Sec. 2-4O. - Adjournment,
A motion to adjourn shall always be in order and decided without debate.
(ord. No.75-16, S 1(5); Ord. No.07-50, S 1)
sec. 2-41. - Reconsideration of mafters generally.
(a) Except for contracts, any matter which has been voted upon by the Board of County
Commissioners may be reconsidered as follows:
(1) By a motion to reconsider made by a member who voted with the majority if such
motion is made prior to the adjournment of the meeting at which the matter was
voted upon. If there were no public speakers on the item, or if all of the public
speakers for the item are still present in the boardroom following a successful motion
to reconsider, the Board may elect to rehear the matter during that meeting, or direct
the County lYanager to place the item on the agenda for a future meeting as set forth
in subsection (aX2). If there were public speakers for the item, and not all of the
public speakers are still present in the boardroom following a successful motion to
reconsider, the County Manager will place the item on the agenda for a future meeting
as set forth in subsection (a)(2).
(2) By a motion to reconsider made by a member who voted with the majority if such
motion is made at a regular meeting following the meeting at which the matter was
voted upon, but only in accordance with the following:
(i) Where a member who voted with the majority wishes the Board to reconsider a
matter after the adjournment of the meeting at which it was voted on, the
member shall deliver to the County Manager a written memorandum stating that
the member intends to introduce a motion to reconsider. The memorandum shall
state the date of the regular meeting at which the member intends to introduce
such motion, and shall be delivered to the County Manager at least six days prior
to such meeting. The purpose of this requirement is to allow the staff to advise
the Board of the legal or other ramifications of reconsideration.
(ii) No motion to reconsider shall be made any later than the second regular Board
meeting following the Board's vote on the matter sought to be reconsidered.
(iii) Upon adoption of a motion to reconsider, the county Manager shall place the item
on an agenda not later than the second regular Commission meeting following the
meeting at which the motion for reconsideration was adopted.
(iv) All parties who participated by speaking. submitting registration forms or written
materials at the first hearing, shall be notifled by the County lvlanager of the date
of reconsideration.
(v) Contracts may only be reconsidered by motion made prior to the adjournment of
the meeting at which the matter was voted upon. For purposes of this subsection,
a contract is defined as an agreement which is legally binding and enforceable in a
court of law.
10.A.2
Packet Pg. 46 Attachment: Reconsideration of matters (4389 : Request for Reconsideration - Commissioner Solis)
(b) This section shall apply to any matters which may lawfully be reconsidered except those
matters which are covered by Paragraph 7 below.
(Ord. No. 81-54, 5 1; Ord. No.07-50,9 2; Ord. No.2009-52,51; Ord. No.2015-53,91)
Sec.2-42, - Reconsideration of land use matters.
(a) Applicability. Any matter in which the Board of County Commissioners or Board of zoning
Appeals, as the case may be, has denied a request to change the land use designation of a
parcel of land, a request for site specific rezone initiated by a petitioner or his or her
agent, variance, conditional use, license, permit or other land use-related request.
(b) Reguest for Reconsideration by Petitioner. A request for reconsideration may be made only
by the petitioner. The petitioner may request reconsideration of a petition in writing to the
County lvlanager no later than 15 days from the date of the Board's action denying the
original petition. Except as provided below, this request shall be jurisdictional, and no
motion for reconsideration may be made by any member of the Board where such a
request was untimely. If State or Federal submission and/or approval schedules pertaining
to the petition are extended within 6 months following the denial of the original petition,
upon Public Petition initiated by the petitioner, the Board may extend petitioner's request
for reconsideration by majority vote, and on a second motion made by any Commissioner,
place the issue of reconsideration for a date certain on which the action or petition will be
reconsidered, but in no event shall such reconsideration take place less than 14 days nor
more than 45 days from the date the motion to reconsider is adopted.
(c)Motion for reconsideration by a Board member who voted in the majority. Any member of
the Board who voted with the majority (or in the case of a rezoning or change in land use
designation. voted against) on the original action or petition may move for a
reconsideration of the action or petition at any regular meeting of the Board within 15
days of the date of the request for reconsideration. If no regular meeting of the Board
occurs within 15 days of the request for reconsideration, the Board member may move for
a reconsideration of the action or petition no later than the first meeting of the Board that
follows the County Manager's receipt of the request for consideration. This motion shall be
made during that portion of the Board's agenda entitled "Board of County Commissioners."
If no motion for reconsideration is made during this time period, the request shall be
deemed denied. The motion may specify a date certain on which the action or petition will
be reconsidered, but in no event shall such reconsideration take place less than 14 days
nor more than 45 days from the date the motion to reconsider is adopted.
Action on motion for reconsideration. The Board shall either act on the motion for
reconsideration at the meeting at which such motion is made or may table the motion for
no longer than the next regular meeting of the Board. If the motion is not finally acted
upon by the adjournment of the next regular meeting of the Board after the motion has
been made, it shall be deemed to have been denied.
Scheduling of petition for reconsideration. If the motion for reconsideration is granted, the
County Manager shall schedule the petition on the agenda for the regular Board meeting
which was specifled in the motion for reconsideration, or if no date is specified then on the
second regular Board meeting following the meeting at which the motion is granted.
No hearing or debate on motion for reconsideration. A motion for reconsideration shall not
require public hearing, and neither the petitioner nor any other person shall have the right
to address the Board considering the merits of such a motion. However, the Board may
request information of the petitioner, the staff or any other person in order to better
inform itself prior to acting upon the motion. The purpose of this provision is to prevent
either the petitioner or any other person from debating the merits of the petition prior to
its full consideration at a regularly scheduled Board meeting where the petition is
reconsidered.
[Procedures outlined.] The procedures outlined herein shall not constitute an
administrative remedy. and the defense of failure to exhaust administrative remedies shall
(d)
(e)
(g)
10.A.2
Packet Pg. 47 Attachment: Reconsideration of matters (4389 : Request for Reconsideration - Commissioner Solis)
not be raised if a petitioner declines to utilize these procedures and instead elects to
pursue judicial remedies following the denial of the petition. The time period for seeking
judicial relief following denial of those matters contemplated by subsection (a)(2) of this
section shall run from the time the Board votes on such matter, and a motion hereunder
shall not alter such time period.
(h) [Initial vote./ Where the initial vote was made after an advertised public hearing, any
reconsideration of such vote shall comply with all advertisement and notice provisions that
were legally required for the initial public hearing.
(Ord. No.81-54, S 2; Ord. No. 88-41, 5 1; Ord. No.07-50,5 2; Ord. No.2012-15, 1)
Land Development Code reference - Zoning amendments, 5 2.7.2.
State Law reference - Adoption of rezoning ordinances, F.S. I 125.66(5).
Secs. 2-43-2-65. - Reserved.
10.A.2
Packet Pg. 48 Attachment: Reconsideration of matters (4389 : Request for Reconsideration - Commissioner Solis)