BCC Minutes 01/08/2019 RJanuary 8, 2019
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 8, 2019
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Andy Solis/William L. McDaniel, Jr.
Burt L. Saunders, Vice Chair
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
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January 8, 2019
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
January 08, 2019
9:00 AM
Commissioner Andy Solis, District 2 - BCC Chair
Commissioner William L. McDaniel, Jr., Dist. 5 - BCC Vice-Chair; CRAB Co-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO PETITION THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER “PUBLIC PETITIONS.”
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
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January 8, 2019
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DIVISION LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE FACILITIES MANAGEMENT DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Invocation by Senior Pastor Heath Jarvis, Faith Life Worship Center
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (ex
parte disclosure provided by commission members for consent agenda.)
B. Selection of Chairman and Vice-Chairman
1) Recommendation that the Board appoint its members to offices of the
Board of County Commissioners, the Community Redevelopment
Agency, the Tourist Development Board, the Community and
Economic Development Board, the Public Safety Coordinating
Council, and the Southwest Florida Regional Planning Council, and to
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authorize the new Chairs for both the Board of County
Commissioners and the Community Redevelopment Agency to
execute all documents approved at both this meeting and those
documents which were previously approved but are pending
signature.
C. December 11, 2018 BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE MONTH
1) Recommendation to recognize Tracy Williams, Librarian, Public
Services Department as the December 2018 Employee of the Month.
4. PROCLAMATIONS
A. Proclamation recognizing the 22nd Annual Dr. Martin Luther King, Jr.
Parade and Celebration, to be held on Monday, January 21, 2019. To be
accepted by representatives of the Collier County Branch of the NAACP.
B. Proclamation designating January 2019 as Human Trafficking Awareness
Month in Collier County. To be accepted by Linda Oberhaus, Executive
Director-Shelter for Abused Women and Children; Collier County Sheriff
Kevin Rambosk; and Sgt. Wade Williams, Collier County Sheriff's Office-
Exploitation Unit Supervisor.
C. Proclamation recognizing the first Paradise Coast Wellness Experience in
Collier County, to be held January 19, 2019. To be accepted by Peggy
Sealfon, Co-Founder and Chair, Paradise Coast Wellness Tourism Visionary
Task Force.
5. PRESENTATIONS
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January 8, 2019
A. Presentation of the Collier County Business of the Month for January 2019
to Waterside Shops. To be accepted by Anne Fleming, General Manager and
Nick Fabregas, Security Director. Also present is Bethany Sawyer
representing the Greater Naples Chamber of Commerce.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to adopt an Ordinance repealing ordinance No. 2011-07,
as amended, in order to adopt, to the extent applicable, the regulations and
policies set forth in the State of Florida Model Floodplain Management
Ordinance; providing for inclusion in the Code of Laws and Ordinances;
providing for conflict and severability; and providing for an effective date.
(This is a companion to Agenda Item #16A1)
B. Recommendation that the Board of County Commissioners adopt: 1) an
ordinance amending Ordinance No. 2002-63, which established the
Conservation Collier Program, and 2) a resolution superseding and replacing
Resolution No. 2007-300 establishing the Collier County Board of County
Commissioner’s Purchasing Policy for the acquisition of lands by the
Conservation Collier Land Acquisition Program by requiring purchases in
excess of the price established by the methodology be approved by an
extraordinary vote of the Board in accordance with Section 125.355, Florida
Statutes.
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Invitation to Bid No. 18-7462, “Golden Gate
Tamiami Wellfield – Well No. 38,” to All Webb’s Enterprises, Inc., in the
amount of $1,327,050, Project Number 70196. (Tom Chmelik, Public
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Utilities Engineering and Project Management Division Director)
B. Recommendation to accept a report on next steps in the Naming Rights
process for Collier County assets utilizing Superlative Group, Inc., and
obtain any further Board of County Commissioners direction necessary.
(Jack Wert, Tourism Director)
C. Recommendation to accept a report detailing the activity marketing efforts
in the Fiscal Year 2018-19 Strategic Marketing Plan for The Naples, Marco
Island, Everglades Convention & Visitors Bureau. (Jack Wert, Tourism
Director)
D. Recommendation to consider the Tourist Development Council’s (TDC)
request to have the Board direct the County Manager to research the impact
of short term vacation home rentals in Collier County, how other Counties in
Florida are addressing this issue, and bring back a report to the TDC and
ultimately back to the Board with recommendations for further action. (Jack
Wert, Tourism Director)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation to appoint seven members to the Collier County
Infrastructure Surtax Citizen Oversight Committee.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Proposed Future Workshop Schedule
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16. CONSENT AGENDA - All matters listed under this item are considered to be
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routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to adopt a Resolution of the Board of County
Commissioners of Collier County, Florida amending the
Administrative Code for Land Development, which was created by
Ordinance No. 2013-57, by amending Chapter Four, Administrative
Procedures, more specifically to amend Section L.2, Zoning
Verification Letter – Non-residential Farm Building; and Chapter Six,
Waivers, Exemptions and Reductions, more specifically to add
Section L. Administrative Appeal of Preliminary Substantial Damage
Determination; and providing an effective date. (This is a companion
to Agenda Item #9A)
2) Recommendation to approve Invitation to Bid (ITB) #18-7460 for
“Mitigation Credits” a multi-year contract term to a pool of vendors
on a Primary and Secondary basis.
3) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Verona
Pointe Estates, PL20160002243 and to authorize the County Manager,
or his designee, to release the Final Obligation Bond in the total
amount of $4,000 to the Project Engineer or the Developer’s
designated agent.
4) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Raffia
Preserve Phase 1A, PL20140002067 and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
total amount of $4,000 to the Project Engineer or the Developer’s
designated agent.
5) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Raffia
Preserve Phase 1B, PL20160002887 and to authorize the County
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Manager, or his designee, to release the Final Obligation Bond in the
total amount of $4,000 to the Project Engineer or the Developer’s
designated agent.
6) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Raffia
Preserve Phase 3, PL20150001235 and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
total amount of $4,000 to the Project Engineer or the Developer’s
designated agent.
7) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for Raffia
Preserve Phase 4, PL20160002885 and to authorize the County
Manager, or his designee, to release the Final Obligation Bond in the
total amount of $4,000 to the Project Engineer or the Developer’s
designated agent.
8) Recommendation to approve final acceptance of the potable water and
sewer facilities for BizPark, PL20170000749, accept unconditional
conveyance of a portion of the potable water and sewer facilities, and
to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of $14,812.13 to the Project Engineer or the
Developer’s designated agent.
9) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Ave Maria Unit 4, Hampton
Village Phase 1, Application Number AR-8879, and authorize the
release of the maintenance security.
10) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of TwinEagles Phase Two,
Application Number AR-6729, and authorize the release of the
maintenance security.
11) This item requires that ex parte disclosure be provided by
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Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Ellington Park, (Application
Number PL20180002756) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Parcela Mediterranea,
(Application Number PL20170002886) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
13) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Del Webb Naples Parcel 102,
Phase 2, (Application Number PL20180002847) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
14) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of LaMorada Phase 1,
Application Number PL20180002029.
15) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Sungate Center P.U.D.
Partial Replat, Application Number PL20180002357.
16) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $331,040 which was posted as a
guaranty for Excavation Permit Number 60.151, PL20160003389 for
work associated with Marquesa Isles of Naples.
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17) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $38,640 which was posted as a
guaranty for Excavation Permit Number 60.140, PL20160000887 for
work associated with Richmond Park.
18) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of $25,000 which was posted as a
guaranty for Excavation Permit Number 59.666-1, PL20160002510
for work associated with Naples Lakes Country Club.
19) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of $4,880 which was posted as a development
guaranty for an Early Work Authorization (EWA) (PL20180001935)
for work associated with Carl’s White Glove Personal Storage.
20) Recommendation to approve and authorize the Chair to execute a
professional services Work Order with APTIM Environmental and
Infrastructure, Inc. for a not to exceed cost of $73,889.80 under
Contract #15-6382 to support Collier County during the preparation of
the Feasibility Study performed by the United States Army Corps of
Engineers for the Collier County Hurricane and Storm Damage
Reduction (HSDR) project, authorize necessary Budget Amendments
and make a finding that this item promotes tourism (Project #80366).
21) Recommendation to approve an Easement Use Agreement
(Agreement) for Lot 12, Westlake Unit No. 1, according to the plat
thereof as recorded at Plat Book 10, Page 87 of the public records of
Collier County.
22) Recommendation to adopt a Resolution to schedule a public hearing
to consider vacating the County and the public interest in the parcel of
land used as a public right-of-way, as recorded in Official Record
Book 120, Page 187 of the public records of Collier County, Florida.
The parcel is located directly south of the Smallwood Drive right-of-
way in Chokoloskee, Florida in Section 31, Township 53 South,
Range 30 East, Collier County, Florida. (VAC-PL20180002479)
23) Recommendation to approve “after-the-fact” Amendment No. 2 with
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the Florida Department of Environmental Protection to extend
Contract No. AB005 for the removal of marine life debris due to red
tide on the beaches and waterways of Collier County. (Project No.
33584)
24) Recommendation to approve proposal dated November 30, 2018,
from Humiston & Moore Engineers for Collier County Beaches and
Inlets Annual Monitoring for 2019 under Contract No. 15-6382,
authorize the Chairman to execute the work order for a not to exceed
amount of $158,695 and make a finding that this expenditure
promotes tourism. (Project #90536)
25) Recommendation to approve the release of a code enforcement lien
with a value of $477,680.29 for payment of $530.29 in the code
enforcement actions entitled Board of County Commissioners v. Juan
Cervantez and Marion Hernandez, Code Enforcement Board Case No.
CESD20110002352 relating to property located at 2915 Dimar Ln,
Collier County, Florida.
26) Recommendation that the Board adopt a Complete Streets policy in
furtherance of the goals, policies and objectives of the Transportation
Element of the County’s Comprehensive Plan.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to authorize a reimbursement payment to
Celebration Food Truck Park/Naples 2.0 LLC in the amount of
$10,000 for work performed by Acadian Builders, 4573 Exchange
Avenue #4, Naples Florida 34104 to relocate the existing Bayshore
Beautification MSTU irrigation pump located within the Bayshore
Beautification MSTU easement.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve the selection committee rankings and to
authorize staff to enter into contract negotiations with the top-ranked
firm, AECOM Technical Services, Inc., for Request for Professional
Services No. 18-7370, “Public Utilities Water-Sewer District Master
Plan,” Project #70031.
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2) Recommendation to approve Amendment #3 to Agreement #11-5782
with AECOM Technical Services, Inc., in the amount of $923,344, for
Basin 306 (Project Number 70142) of the "Wastewater Basin
Program" for additional professional services during construction.
3) Recommendation to approve a Work Order in the amount of
$274,549.32 pursuant to a Request for Quotation under Agreement
No. 14-6213 to Quality Enterprises USA, Inc., and to authorize the
necessary budget amendment for the SCRWTP Surge Control System
(Project No. 70136).
4) Recommendation to award Invitation to Bid No. 18-7369, “Portable
Toilet Rental and Servicing,” to J.W. Craft, Inc., for County-wide
portable toilet rental and servicing.
5) Recommendation to award an Agreement for Invitation to Bid No. 18-
7418, “Storm Shutter Preventative Maintenance and Repair,” to
ADFS, LLC for County-wide shutter services.
6) Recommendation to approve a Tenant Estoppel Certificate and a
Subordination, Non-Disturbance and Attornment Agreement related
to a Lease Agreement with Kraft Office Center, LLC. on Pine Ridge
Road to temporarily accommodate the Agriculture Extension Office
due to damage caused by Hurricane Irma.
7) Recommendation to approve and authorize the County to utilize the
monetary award received from Florida Fish and Wildlife Conservation
Commission (FWC) and the cost share by Collier County in the total
amount of $50,500, as future funding to retrofit commercial
receptacles and/or to purchase bear-resistant containers when they
become commercially proven and available, and to authorize all
necessary Budget Amendments.
8) Recommendation to authorize the necessary budget amendments to
reallocate Public Utilities Department wastewater capital project
funds pending Hurricane Irma reimbursements from FEMA and the
State of Florida.
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9) Recommendation to authorize a $193,000 budget amendment to
reallocate funding for the purchase of 29 replacement pumps for pump
stations for the Public Utilities Department Wastewater Division
Collections System.
10) Recommendation to award Invitation to Bid No. 18-7464, “Chillers
Preventative Maintenance and Repairs,” to Tampa Bay System Sales,
Inc. d/b/a Tampa Bay Trane for County-wide Chiller preventative
maintenance and repair services.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to sign a
Memoranda of Understanding (MOU) with Lutheran Services Florida
to provide a Safe Place and shelter for safety of homeless and
runaway youth in the community.
2) Recommendation to award Invitation to Bid (ITB) No. 18-7461
“Benches and Bleachers” to Southeastern Seating, Inc., and authorize
staff to issue purchase order(s) totaling $119,562.48.
3) Recommendation to accept the Conservation Collier 2016-2018
Annual Report to provide the Board of County Commissioners
(Board) and public with an update on the Program’s activities during
2016-2018.
4) Recommendation to approve the Pepper Ranch Preserve Final
Management Plan 5-year update under the Conservation Collier Land
Acquisition Program.
5) Recommendation to accept and recognize a grant donation from The
C.W. Donley Memorial Fund through the Branch County Community
Foundation in the amount of $500 for general support of the Collier
County Public Library.
6) Recommendation to approve an Agreement with Omega Health
Services, LLC d/b/a Omega Care Services pursuant to the Board of
County Commissioner’s (Board) previous award under Request for
Proposal (RFP) #18-7470, Services for Seniors.
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7) Recommendation to award six (6) Agreements for Request For
Qualifications (RFQ) #18-7459 “Exotic Vegetation Removal” to
multiple vendors and authorize the Chairman to execute the
Agreements.
8) Recommendation to authorize a sole source waiver for a period of one
year for the purchase of irrigation pump systems design, install,
service, and repair from Hoover Pumping Systems Corporation as a
sole source vendor.
9) Recommendation to approve the Caracara Prairie Preserve Cattle
Lease Agreement with Labelle Ranch, Inc. under the Conservation
Collier Program and direct the County Manager, or his designee, to
implement the lease terms.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve Participation Agreement #19-001-WV
with Cooperative Services of Florida, Inc., as a single source vendor
for the purchase of medications and supplies for use by the
Emergency Medical Services Division and authorize payments be
made to LeeSar, Inc., as the primary distributor and supplier of
products purchased under this Agreement.
2) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement.
3) Recommendation to accept the report for the sale of items and
disbursement of funds associated with the County surplus auction held
on November 17, 2018.
4) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
5) Recommendation to renew North Collier Fire Control and Rescue
District’s Certificate of Public Convenience and Necessity (COPCN)
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for Collier County Emergency Medical Services to provide Class 1
Advanced Life Support Non-Transport (ALS) for one year and
authorize the Chairman to execute the Permit and Certificate.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve the hiring of three (3) full-time
employees in place of temporary laborers used by the Pelican Bay
Services Division to maintain the community, and to authorize the
necessary Budget Amendment.
G. AIRPORT AUTHORITY
1) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Contract No. G0Z12
with the Florida Department of Transportation for the design of the
rehabilitation of Runway 18/36 at the Immokalee Regional Airport.
(Fiscal Impact: FDOT $352,000; Local Match $88,000).
2) Recommendation to approve and authorize the Chairman to execute
the attached Resolution authorizing execution of Contract No. G0Z16
with the Florida Department of Transportation to design and permit
Security Enhancements at the Immokalee Regional Airport. (Fiscal
Impact: FDOT 200,000; Local Match $50,000).
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to authorize a budget amendment in the amount of
$150,000 from the Clerk's Court Agency Fund 651 to the Sheriff for
criminal justice training and educational expenses in accordance with
Section 938.15, Florida Statutes.
2) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of January 2,
2019.
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January 8, 2019
3) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between November 29 and December 26, 2018 pursuant to
Florida Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Mutual Release in the lawsuit styled Louis
M. Paternostro v. Regent Park Villas I Association, Inc. and Collier
County (Case No. 17-CA-001508), now pending in the Circuit Court
of the Twentieth Judicial Circuit in and for Collier County, Florida,
for the sum of $23,500.
2) Recommendation to approve a Stipulated Final Judgment for final
compensation in the amount of $2,300, which includes all attorney
fees and expert fees and costs, for the taking of Parcel 101DUE in the
eminent domain lawsuit styled Collier County v. Henry Allen Fish, et
al., Case No. 15-CA-1810, required for the Lake Trafford Road and
North 19th Street Intersection Improvement Project No. 60016.
(Fiscal Impact: $1,000)
3) Recommendation to appoint one member to the Bayshore/Gateway
Triangle Local Redevelopment Advisory Board.
4) Recommendation to appoint one member to the Contractors Licensing
Board
5) Recommendation to reappoint three members to the Parks and
Recreation Advisory Board.
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17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
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January 8, 2019
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
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A. Recommendation to adopt a Resolution proposing amendment to the Collier
County Growth Management Plan, Ordinance 89-05, as amended,
specifically amending the Potable Water Sub-Element of the Public
Facilities Element to amend Policy 1.7 to reference the updated Ten-Year
Water Supply Facilities Work Plan, and furthermore directing transmittal of
the amendment to the Florida Department of Economic Opportunity.
(Transmittal Hearing) (PL20180002552/CPSP-2018-6)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
January 8, 2019
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MR. OCHS: Ladies and gentlemen, if you'd please take your
seats.
Mr. Chairman, you have a live mic.
CHAIRMAN SOLIS: Good morning. Welcome to the
January 8th, 2019, Board of County Commissioners' meeting.
We will begin today with the invocation that will be given by
Senior Pastor Heath Jarvis from Faith Life Worship Center.
Item #1A
INVOCATION BY SENIOR PASTOR HEATH JARVIS FROM
FAITH LIFE WORSHIP CENTER
PASTOR JARVIS: Good morning. Happy New Year. Let's
pray.
Father in heaven, we thank you, first of all, for a new year, a
fresh start, and a new set of challenges and opportunities.
We thank you for this opportunity to come together as the
leadership of Collier County, and we ask for your guidance as
decisions are made that will affect all who live here. May we never
take our responsibilities lightly. Order our steps and order our
words.
I pray that you would give each of us the wisdom, the
temperament, and the self-control to communicate with each other
fairly, reasonably, and respectfully. Help us to reach decisions that
are only the best decisions for our community.
Your word tells us that blessed is the nation whose God is the
Lord, and, God, we ask for your blessing in 2019. Bless our
community, our people, our economy, our agriculture, and we ask for
your provision and protection. May 2019 be a year of
unprecedented blessing and favor upon everyone here in Collier
January 8, 2019
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County.
I also pray for the leaders in this room that your hand would be
upon them, their families, and their offices of leadership. You, Lord,
are the giver of wisdom, the giver of all good and perfect gifts, and
the God of all sufficiency.
So we ask for your guidance in everything that we discuss today,
and I pray this in Jesus' name. Amen.
CHAIRMAN SOLIS: Commissioner McDaniel, would you
lead us in the Pledge.
COMMISSIONER McDANIEL: With me, ladies and
gentlemen.
(The Pledge of Allegiance was recited in unison.)
Item #2A
APPROVAL OF TODAY’S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) – APPROVED AND/OR ADOPTED
W/CHANGES (COMMISSIONER SOLIS ABSTAINED FROM
VOTING ON THE FOLLOWING ITEMS: ITEM #16A4, ITEM
#16A5, ITEM #16A6, ITEM #16A7, ITEM #16A14, ITEM #16A15
AND ITEM #16E4)
MR. OCHS: Good morning, Commissioners. These are the
proposed agenda changes for the Board of County Commissioners'
meeting of January 8th, 2019.
The first proposed change is to continue Item 16D7 indefinitely.
This was a recommendation for a contract award for exotic
vegetation removal. That request comes from the staff.
The next proposed change relates to Item 16E4. It's a request to
January 8, 2019
Page 4
continue Change Order No. 1 from the administrative change order
report. This is a change order for Hannula Landscaping contract.
We'll be bringing that back at the next board meeting, January 22nd,
2019.
Those are the only changes that I have, Mr. Chairman.
CHAIRMAN SOLIS: Any other changes?
MR. KLATZKOW: No, sir.
CHAIRMAN SOLIS: Very good. We'll approve the agenda.
Is there a motion?
COMMISSIONER McDANIEL: So moved.
COMMISSIONER TAYLOR: Second.
MR. OCHS: Commissioners, we should do ex parte for
consent agenda and summary.
CHAIRMAN SOLIS: Oh, for the --
MR. OCHS: Consent and summary.
CHAIRMAN SOLIS: Consent and summary.
MR. OCHS: Yes, sir.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: Good morning, sir.
CHAIRMAN SOLIS: Good morning.
COMMISSIONER McDANIEL: You caught me taking a drink
of coffee.
No, I have no proposed agenda changes nor any ex parte.
COMMISSIONER FIALA: Nor do I; no changes, no
corrections, no additions, and no ex parte.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: You'll have to excuse our
chairman. He's in mourning because Alabama lost last night.
COMMISSIONER FIALA: She announces.
COMMISSIONER McDANIEL: I wasn't going to bring it up,
just so you know.
January 8, 2019
Page 5
COMMISSIONER TAYLOR: What weren't you going to
bring up?
COMMISSIONER SAUNDERS: From what I understand, it
was a fairly close game.
MR. OCHS: Out of order.
CHAIRMAN SOLIS: Out of order.
There's always next year, and don't forgot last year and the year
before.
COMMISSIONER TAYLOR: No, no, no. They won one
year. Anyway. No ex parte.
COMMISSIONER SAUNDERS: I have no ex parte or changes
as well.
CHAIRMAN SOLIS: I have no ex parte. I do have -- I will
abstain from a couple of items, a few items, 16A4, 5, 6, and 7 are
related to WCI. I will not be voting on those; 16A14 and 15 and
16E4 as well. So other than that, no other ex parte disclose.
MR. OCHS: We'll need a motion to approve today's agenda.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER FIALA: Motion to approve today's agenda.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: Motion and a second. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved.
Proposed Agenda Changes
Board of County Commissioners Meeting
January 8, 2019
Continue Item 16D7 Indefinitely: Recommendation to award six (6) Agreements for Request
for Qualifications (RFQ) #18-7459 “Exotic Vegetation Removal” to multiple vendors and
authorize the Chairman to execute the Agreements. (Staff’s request)
Item 16E4: Recommendation to approve the Administrative Reports prepared by the
Procurement Services Division for change orders and other contractual modifications requiring
Board approval. Continue Change Order #1 for Hannula Landscaping Contract 18-7303 for
Project 60193.1 to the January 22, 2019 BCC Meeting. (Staff’s request)
1/24/2019 10:23 AM
January 8, 2019
Page 6
Item #2B
SELECTION OF CHAIRMAN AND VICE-CHAIRMAN –
APPOINTING COMMISSIONER MCDANIEL AS CHAIRMAN
AND COMMISSIONER SAUNDERS AS VICE-CHAIRMAN –
APPROVED
MR. OCHS: That takes us to Item 2B this morning. This is
the selection of the chairman and vice chairman.
COMMISSIONER FIALA: I make a motion to nominate for
our new chairman Bill McDaniel.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: And there you are.
CHAIRMAN SOLIS: It's approved. Mr. Chairman.
CHAIRMAN McDANIEL: I'd like to make a motion to
nominate Burt Saunders as the vice-chair.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: Commissioner Saunders, forgive
me.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
January 8, 2019
Page 7
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's unanimous. Congratulations.
(Applause.)
COMMISSIONER FIALA: Look how quickly he's escaping
the chair, right?
COMMISSIONER SOLIS: Shall we switch seats?
CHAIRMAN McDANIEL: Yeah, we can do that, if you want.
COMMISSIONER SOLIS: Did you want to do that, or did you
not want to do that?
CHAIRMAN McDANIEL: Yes, I'll do it. I just have a lot of
stuff. You've got to stick the thorn right in between two roses.
COMMISSIONER SOLIS: Here is your coffee.
CHAIRMAN McDANIEL: Well, thank you, sir.
Is his name tag still down there?
UNIDENTIFIED SPEAKER: Yes, yes.
CHAIRMAN McDANIEL: Did you want to speak?
COMMISSIONER FIALA: Here comes Troy.
CHAIRMAN McDANIEL: Did you want to speak? You're
on the list here.
COMMISSIONER SOLIS: I would like to say a couple words,
though. It really has been my honor and privilege to be the
chair -- to serve as the chairman for the past year. It was -- I thank
my colleagues for making it an easy job and for working so
collegially together. I think in the past years, past two years, since at
least I've been on the commission, I feel like we've worked very well
together. And we've had our moments here and there, but I think
overall we've done a really good job. And, again, I thank you all for
making it an easy job, because it could be a hard job sometimes.
January 8, 2019
Page 8
Also, thank you to the staff, County Manager, and Nick, thank
you for all your assistance and also making it a smooth process.
It's -- again, I was honored to serve, and I congratulate
Mr. McDaniel.
(Applause.)
COMMISSIONER SOLIS: And while they're setting him up, I
would also say that I will re-up my commitment to making sure that
one of the main focuses, at least, of how I go about being a
commissioner is civility.
CHAIRMAN McDANIEL: Since you're done, why don't you
come on down front. We're going to go out of order. As my first
duty as chair, I'm going to jump.
This is from all of us. Commissioner Solis did an amazing job
leading our community, managing our board meetings, doing a
fabulous job. And it's with a tremendous amount of gratitude, all of
us, that I'd like to be -- I'm honored to make this presentation to you,
my friend.
(Applause.)
COMMISSIONER SOLIS: I like the color. Not so much
today but...
Thanks.
CHAIRMAN McDANIEL: You're welcome, sir.
Well, good morning.
MR. OCHS: Good morning, Mr. Chairman. How are you?
CHAIRMAN McDANIEL: I am well. I am well, thank you.
I think Michael has my stuff.
Let's go to 2C, if you're ready
Item #2C
BOARD APPOINT ITS MEMBERS TO OFFICES OF THE
January 8, 2019
Page 9
BOARD OF COUNTY COMMISSIONERS, THE COMMUNITY
REDEVELOPMENT AGENCY, THE TOURIST DEVELOPMENT
BOARD, THE COMMUNITY AND ECONOMIC
DEVELOPMENT BOARD, THE PUBLIC SAFETY
COORDINATING COUNCIL, AND THE SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL, AND TO
AUTHORIZE THE NEW CHAIRS FOR BOTH THE BOARD OF
COUNTY COMMISSIONERS AND THE COMMUNITY
REDEVELOPMENT AGENCY TO EXECUTE ALL
DOCUMENTS APPROVED AT BOTH THIS MEETING AND
THOSE DOCUMENTS WHICH WERE PREVIOUSLY
APPROVED BUT ARE PENDING SIGNATURE – APPOINTING
COMMISSIONER FIALA AND COMMISSIONER MCDANIEL
AS CO-CHAIRS TO THE COMMUNITY REDEVELOPMENT
AGENCY - APPROVED; APPOINTING COMMISSIONER SOLIS
AS CHAIR TO THE TOURIST DEVELOPMENT COUNCIL -
APPROVED; APPOINTING COMMISSIONER TAYLOR TO THE
COMMUNITY & ECONOMIC DEVELOPMENT BOARD -
APPROVED; APPOINTING COMMISSIONER SAUNDERS TO
THE PUBLIC SAFETY COORDINATING COUNCIL -
APPROVED; APPOINTING COMMISSIONER FIALA AND
COMMISSIONER MCDANIEL AS CO-CHAIRS TO THE
REGIONAL PLANNING COUNCIL - APPROVED; AND
APPOINTING COMMISSIONER SAUNDERS AS THE BOARD’S
LIAISON WITH THE CLERK OF COURTS - APPROVED;
MOTION TO AUTHORIZE THE NEW BCC & CRA CHAIRS TO
EXECUTE ALL DOCUMENTS – APPROVED
MR. OCHS: Yes, sir. These are appointments of board
members to various offices established by the Board.
The first one is the appointments of chair or co-chairs for your
January 8, 2019
Page 10
Community Redevelopment Agency. Currently Commissioner Fiala
and Commissioner McDaniel serve as co-chairs of the CRA.
CHAIRMAN McDANIEL: Are you okay with staying on
there?
COMMISSIONER FIALA: Oh, sure. I'd have to.
CHAIRMAN McDANIEL: Do we need to have specific
nominations or just -- how do you want to handle that?
MR. OCHS: It's the chair's prerogative. Typically you'd look
for nominations from the Board or consensus, whatever --
CHAIRMAN McDANIEL: Consensus --
MR. OCHS: -- the Board would like.
CHAIRMAN McDANIEL: -- is we'll stay on. Are you okay
with that?
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: Yes.
MR. OCHS: Very good.
Mr. Chairman, our next chair appointment would be for your
tourist development board. Commissioner Fiala is currently serving
as the chair to that board.
CHAIRMAN McDANIEL: Are you interested in staying on?
COMMISSIONER FIALA: Yeah, I love that committee, if
that's okay.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SAUNDERS: It's okay by me.
CHAIRMAN McDANIEL: Are we okay by that?
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Yes, Commissioner Fiala will stay
on there.
MR. OCHS: Okay. Your next appointment is for your
Community and Economic Development Board. Commissioner
Taylor currently serves as the Board's rep on that committee.
January 8, 2019
Page 11
CHAIRMAN McDANIEL: She's interested in staying. Is that
how we want to go?
COMMISSIONER FIALA: Fine with me, if she would want to
stay.
COMMISSIONER TAYLOR: I'd like to stay, yes.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN McDANIEL: Yes?
COMMISSIONER SOLIS: I'm just going to ask the question.
Well, it's too late. We've already approved them.
COMMISSIONER FIALA: Do you want to co-chair on that or
something?
COMMISSIONER SOLIS: Well, I mean, I would like to be
involved somehow in terms of the economic development efforts, if
we could do that, but -- and I think if we -- if we just keep the same
assignments as last year on all of them, I'm not sure I'll have an
assignment other than the VAB is the issue for me, but --
CHAIRMAN McDANIEL: We can -- we'll certainly find
something for you to do.
COMMISSIONER SOLIS: I would like -- well, I would like
to -- would you consider letting me be on the TDC?
COMMISSIONER FIALA: Sure. If you would like to do
that.
COMMISSIONER SOLIS: I would like to do that. Would
that be okay?
COMMISSIONER FIALA: The only reason I like it is because
I come from that industry.
COMMISSIONER SOLIS: Oh, I know, I know, I know.
COMMISSIONER FIALA: But if you want a turn at it, go
ahead.
COMMISSIONER SOLIS: Would you mind? I would like a
January 8, 2019
Page 12
turn at it.
COMMISSIONER FIALA: Good.
COMMISSIONER SOLIS: Thank you.
CHAIRMAN McDANIEL: And we'll make that adjustment.
COMMISSIONER SOLIS: Is that okay?
COMMISSIONER FIALA: Sure.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: Are you okay with that?
COMMISSIONER FIALA: I'll probably sit in and watch,
though.
COMMISSIONER SOLIS: Okay.
CHAIRMAN McDANIEL: And is it -- you know, is there a
vice-chair position that could be set up for the economic development
as well so -- and is there a conflict with that?
MR. KLATZKOW: You start getting into Sunshine issues if
you're going to have two commissioners at these meetings.
CHAIRMAN McDANIEL: Yeah. I was wondering about
that. So, okay, we won't go down that path.
MR. OCHS: The next appointment is for your Public Safety
Coordinating Council. Commissioner McDaniel currently serves in
that capacity.
COMMISSIONER SAUNDERS: I'll be happy to take that.
CHAIRMAN McDANIEL: You want to do that? Okay.
COMMISSIONER SAUNDERS: Unless you want to continue.
I mean --
CHAIRMAN McDANIEL: I mean, I've done it for two years.
COMMISSIONER SAUNDERS: I kind of assumed that that
was -- the vice chair took that position.
CHAIRMAN McDANIEL: That and the Productivity
Committee, so...
COMMISSIONER SAUNDERS: Right.
January 8, 2019
Page 13
CHAIRMAN McDANIEL: So Commissioner Saunders will
move over onto the Public Safety Coordinating Committee.
MR. OCHS: Next we have the Board representatives to the
Southwest Florida Regional Planning Council.
CHAIRMAN McDANIEL: And that's you and I.
COMMISSIONER TAYLOR: I'll stay.
CHAIRMAN McDANIEL: I'll be happy to stay on that. I
mean, there are some interesting things going on with the council that
I --
COMMISSIONER TAYLOR: Yeah. There's a lot of --
COMMISSIONER FIALA: And you guys have done a terrific
job, you know, representing us, because I don't know how well we
were represented before, but you guys have done a great job.
COMMISSIONER TAYLOR: Leo bends my arm a lot. He
guilts me. Are you going? No, no. It's good. And you can -- you
know, what's made it better is the fact that, because -- it's in Fort
Myers and it's once a month, but if you can't get up there because of
your schedule, you can call in. It's quite legal, and they do it. They
have -- the technology is right there. So it's -- it becomes a
lot -- easy to participate in it, and there are some changes afoot, so
we'll see what happens.
CHAIRMAN McDANIEL: Major changes afoot.
COMMISSIONER TAYLOR: Yeah. And I listened to you at
our last meeting saying they wanted to give you something, and you
said I'm not sure my council wants me to bring it up again.
CHAIRMAN McDANIEL: Exactly. And that -- you know,
the hesitancy is because of our processes, we don't do the actual
reappointments to the individual boards and things that we serve on
until after this meeting, so I had hesitancy just in case somebody else
had an itch and wanted to be a representative to the planning council.
So that was the -- that was the only hesitancy that I had, so there you
January 8, 2019
Page 14
are.
COMMISSIONER TAYLOR: Well, you do a good job.
CHAIRMAN McDANIEL: Thank you; thank you.
Okay. What's next?
MR. OCHS: That takes care of that Item 2C, sir.
CHAIRMAN McDANIEL: Okay. How about -- do we have
to -- do you want to discuss the NACo and FAC? The Florida
Association of Counties representatives, do you want to keep the
same folks doing that as well?
MR. OCHS: Board prerogative. Any of you can go.
COMMISSIONER SOLIS: Yeah. Anybody can go. I mean,
I would like to be involved with both of those as well. There's
no -- I would assume there's no Sunshine issue there.
CHAIRMAN McDANIEL: Okay. Then we'll just -- because I
serve on the EELU committee for NACo and am planning on going
to that in the first weekend in March, so there you are.
All right. With that, do you want -- I'll take a motion for
approval of all those appointments.
COMMISSIONER TAYLOR: So moved.
COMMISSIONER FIALA: Motion to approve all of the
appointments we just spoke of.
CHAIRMAN McDANIEL: Seconded.
It's been moved and seconded that we accept these
appointments. Any discussion? Crystal.
THE CLERK: Commissioner McDaniel, just to ask. Liaison
with the Clerk's Office. It's worked really well with Commissioner
Saunders. I just want to affirm that.
COMMISSIONER SAUNDERS: Yeah, I'll continue to do that.
CHAIRMAN McDANIEL: Are you okay?
Thank you, Crystal. I appreciate that. And we'll add that in to
the additions. Any other discussion?
January 8, 2019
Page 15
MR. KLATZKOW: And could we get a motion also with that
that the new chairs for both the Board of County Commissioners and
the Community Redevelopment Agency are authorized to execute all
documents approved at this meeting and prior meetings?
COMMISSIONER SOLIS: So moved.
COMMISSIONER FIALA: Second.
COMMISSIONER SAUNDERS: Did we name the chairs for
the CRA or --
MR. KLATZKOW: Yes, you just -- you did that.
COMMISSIONER TAYLOR: They're co-chairs.
CHAIRMAN McDANIEL: Donna and I are --
COMMISSIONER SAUNDERS: I just wanted to make sure
we didn't --
CHAIRMAN McDANIEL: -- still there.
All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #2D
BCC REGULAR MEETING MINUTES FROM DECEMBER 11,
2018 – APPROVED AS PRESENTED
MR. OCHS: Mr. Chairman, that takes you to Item 2D, which is
approval of the meeting minutes from the Board of County
January 8, 2019
Page 16
Commissioners' meeting of December 11th, 2018.
COMMISSIONER SOLIS: Move for approval.
COMMISSIONER TAYLOR: Second.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded we
approve those minutes. Any discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed, same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #3D1
RECOGNIZING TRACY WILLIAMS AS THE DECEMBER 2018
EMPLOYEE OF THE MONTH – PRESENTED
MR. OCHS: Item 3D1 is the recognition or recommendation to
recognize Tracy Williams, librarian with our Public Services
Department, as the December 2018 Employee of the Month. Tracy,
if you'd step forward and receive your proclamation.
(Applause.)
COMMISSIONER FIALA: Congratulations.
CHAIRMAN McDANIEL: Congratulations.
MR. OCHS: Stay right there, Tracy, while I tell the audience a
little bit about you. I like to embarrass everybody when they come
January 8, 2019
Page 17
up here.
Commissioners, Tracy's worked with our library system since
2016. As part of her dedication to the library service and excellent
customer service skills, she's willingly accepted additional job
responsibilities at our headquarters library.
Most recently Tracy has stepped up to assume additional job
responsibilities with our Mail a Book program. She's helped
standardize the procedures and streamline the process to reduce time
spent with redundant and inefficient processes.
In addition, Tracy's volunteered to help create, execute, and run
programming for our teen patrons outside of her normal adult public
services duties.
She takes the time always to work directly with the patrons
always with a focus of excellent customer service in mind, and she
consistently exceeds expectations with our library system. And for
these reasons and many others, it's my honor to present Tracy
Williams as your December 2018 Employee of the Month.
Congratulations, Tracy.
(Applause.)
MR. OCHS: Mr. Chairman, we move on to Item 4 today, our
proclamations.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS
Item #4A
PROCLAMATION RECOGNIZING THE 22ND ANNUAL DR.
MARTIN LUTHER KING, JR. PARADE AND
January 8, 2019
Page 18
CELEBRATION, TO BE HELD ON MONDAY, JANUARY 21,
2019. ACCEPTED BY REPRESENTATIVES OF THE
COLLIER COUNTY BRANCH OF THE NAACP – ADOPTED
MR. OCHS: Item 4A is a proclamation recognizing the 22nd
annual Dr. Martin Luther King, Jr., parade and celebration to be held
on Monday, January 21st, 2019. To be accepted by the following
representatives of the Collier County branch of the NAACP:
Vincent Keeys, Barbara Melvin, Harold Weeks, Irene Williams,
Mike Patterson, John Newton, Maria Pizarro, Lissett De La Rose,
Rhonda Burns, and Diann Keeys.
If you'd all please step forward and receive your proclamation.
Thank you.
COMMISSIONER FIALA: Do you want us to move down a
little bit? With these two guys sitting next to me, I look really short.
(Applause.)
MR. KEEYS: Good morning, Commissioners and staff. I
want to apologize first and foremost for not recognizing Ms. Bev
Hiltibillo (phonetic). She is a member of our great executive board.
And so we thank you, Bev, for showing up today.
Also, we, the NAACP, do resolve to make our neighborhood
and America a better place. So we ask you commissioners to join
together with us for the 22nd annual Reverend Dr. Martin Luther
King Day Parade and celebration, which, of course, is scheduled for
January the 21st, and we ask that everyone, please, help us to make
America a better place again.
It's going to be a grand parade, and we do hope to defeat hate
with love. And so we ask even the public to attend. So please join
us. We would love to have everyone, and thank you so very much
for the proclamation this morning.
(Applause.)
January 8, 2019
Page 19
COMMISSIONER FIALA: Where do the people assemble,
and what time do you want them to be there?
MR. KEEYS: The assembly will take place on the corner of
Broad and Third Street. We will march down Third through
downtown Naples up Fifth Avenue and end at Cambier Park there in
downtown Naples. And so we would ask you, please, to join us.
CHAIRMAN McDANIEL: And what time?
MR. KEEYS: And that will take place at 11 a.m., and the
celebration in the park will take place at 12 noon.
CHAIRMAN McDANIEL: And the assemblage is 10 o'clock.
MR. KEEYS: Yeah, the assembly should line up at 10, but it
starts off at 11.
CHAIRMAN McDANIEL: The parade starts at 11.
MR. KEEYS: Mr. Weeks will start us off at 11 on Broad and
Third Street. Any other questions?
(No response.)
CHAIRMAN McDANIEL: Very good.
MR. KEEYS: Thank you once again.
(Applause.)
CHAIRMAN McDANIEL: Thank you, my friend.
Item #4B
PROCLAMATION DESIGNATING JANUARY 2019 AS HUMAN
TRAFFICKING AWARENESS MONTH IN COLLIER COUNTY.
ACCEPTED BY LINDA OBERHAUS, EXECUTIVE DIRECTOR-
SHELTER FOR ABUSED WOMEN AND CHILDREN; COLLIER
COUNTY SHERIFF KEVIN RAMBOSK; LT. JASON
WROBLESKI AND SGT. WADE WILLIAMS, FROM THE
COLLIER COUNTY SHERIFF'S OFFICE-EXPLOITATION UNIT
SUPERVISOR – ADOPTED
January 8, 2019
Page 20
MR. OCHS: Item 4B is a proclamation designating
January 2019 as Human Trafficking Awareness Month in Collier
County. To be accepted by Linda Oberhaus, executive di rector for
the Shelter for Abused Women and Children; Collier County Sheriff,
Kevin Rambosk; Lieutenant Jason Wrobleski from the Collier
County Sheriff's Department; and Sergeant Wade Williams, Collier
County Sheriff's Office, with our Exploitation Unit.
If you'd all please step forward.
MS. OBERHAUS: Good morning. For the record, I'm Linda
Oberhaus. I'm the CEO at the Shelter for Abused Women and
Children. And I just want to thank the County Commission for
acknowledging January as National Human Trafficking Awareness
Month.
Many of you know that the shelter has expanded its vision and
mission to include both serving victims of domestic violence and
human trafficking. And, for today, I just wanted to add a few points
about human trafficking just to help increase awareness here in our
community.
So human trafficking is most commonly known for the purpose
of sex slavery or forced labor. It occurs locally, nationally, and
internationally, and it is a crime that violates victims' rights through
coercion and exploitation. Trafficking is a lucrative industry
representing an estimated $9.8 billion in the U.S. and 32 billion
internationally and, sadly, women and children are often lured into
these situations by false friendships and false promises.
A couple of points that I wanted to point out is that human
trafficking is the third largest illegal business in the world following
weapons and drug trafficking. Florida ranks third in the nation for
the number of calls to the human trafficking hot line, and that's next
to New York and Texas.
January 8, 2019
Page 21
Eighty-three percent of trafficking cases are U.S. born citizens,
and I think that's one of the biggest myths. A lot of times when
members of the community think about human trafficking, they tend
to think that these are people being trafficked from outside the
country into the United States, but that has not been our experience.
Fifty percent of those trafficked are said to be children, although
here in Collier County, the large majority of victims that we see are
adult victims. And the average age of a victim of human trafficking
is 13.
And so, with that, I just really want to thank the Collier County
Sheriff's Office. I can tell you that we at the shelter exclusively get
victims of human trafficking from the proactive work that they do in
identifying victims to get them to safe shelter and also to hold those
perpetrators accountable.
So thank you again this morning for this proclamation.
(Applause.)
Item #4C
PROCLAMATION RECOGNIZING THE FIRST PARADISE
COAST WELLNESS EXPERIENCE IN COLLIER COUNTY, TO
BE HELD JANUARY 19, 2019. ACCEPTED BY PEGGY
SEALFON, CO-FOUNDER AND CHAIR, PARADISE COAST
WELLNESS TOURISM VISIONARY TASK FORCE – ADOPTED
MR. OCHS: Item 4C is a proclamation recognizing the first
Paradise Coast Wellness Experience in Collier County to be held
January 19th, 2018. To be accepted by Peggy Sealfon, co -founder
and chair of the Paradise Coast Wellness Tourism Visionary Task
Force. Peggy.
(Applause.)
January 8, 2019
Page 22
MS. SEALFON: So thank you, Commissioners. This is truly
a great honor to accept this proclamation which represents vision,
perseverance, and a lot of hard work, and this is really just the
beginning.
As a wellness specialist and someone who's lived here in Collier
County for 28 years, I am really gratified to help champion this
collaboration and cooperation of our health and wellness community
to bring our wellness culture together with our natural resources and
hospitality.
Our task force is really comprised of volunteers, many of whom
you just saw today. And one who could not be here today who
deserves a special thank you, who's co-founder Debi DiBenedetto.
And she supported this initiative through the Convention and Visitors
Bureau. And thank you to Jack Wert, who had the wisdom to allow
her and to put her -- and to put the CVB team behind this effort.
A special thank you to Beth Preddy whose PR efforts has really
helped create and raise awareness for this initiative.
Wellness tourism is expected to become an $800 billion-a-year
industry by 2020. As a result of these beginning efforts, Collier
County is already beginning to get traction and recognition
internationally as a wellness tourism destination.
And as we all know, tourist development tax dollars go to help
our infrastructure and really benefits our community, so it's truly a
win-win for all.
So the first annual experience will be on January 19th, and it's
really the kickoff to our wellness and tourism future. Both visitors
and residents are really invited to participate. It's for all ages, all
abilities. Everyone can choose from a variety of activities which
will be going on throughout the county on that day, from Naples to
Marco Island to Everglades City.
So to access all the activities in one very easy place and be able
January 8, 2019
Page 23
to register, we've created a dedicated online hub of health and
wellness at bewellinparadise.com. Thank you to Winston White for
stepping in to help make that happen. And, of course, CVB
continues to support this initiative on their website.
So I really invite everyone here who's listening, watching to take
advantage of this healthy way to begin the new year. Happy New
Year, everyone. And please join us next Saturday from sun up to
midnight throughout the area. Let's all be well in paradise. Thank
you so much. Thank you, commissioners, and to everyone here.
(Applause.)
MR. OCHS: Mr. Chairman, if I could get a motion to approve
today's proclamations, please.
COMMISSIONER FIALA: Motion to approve today's
proclamations.
COMMISSIONER SOLIS: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve today's proclamations. Any discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor, say aye.
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
January 8, 2019
Page 24
THE MONTH FOR JANUARY 2019 TO WATERSIDE SHOPS.
TO BE ACCEPTED BY ANNE FLEMING, GENERAL
MANAGER AND JULIE CHIRICHELLA, ALSO PRESENT IS
BETHANY SAWYER REPRESENTING THE GREATER NAPLES
CHAMBER OF COMMERCE – PRESENTED
MR. OCHS: Item 5A is a presentation of the Collier County
Business of the Month for January 2019 to the Waterside Shops of
Naples. To be accepted by Anne Fleming, general manager, and
Julie Chirichella. Also present is Bethany Sawyer representing the
Greater Naples Chamber of Commerce. Good morning.
(Applause.)
COMMISSIONER FIALA: Congratulations. Nice award.
CHAIRMAN McDANIEL: There we go.
MS. FLEMING: Waterside Shops has been in Collier County
for 26 years, and we're really honored to be receiving this award
today.
We have a great history and culture of philanthropy. We
support about 20 nonprofits every year and, in fact, just wrote a check
yesterday to the shelter. So very happen to partner with so many
organizations here in town. I've been in my position for six years,
and in that time we have given back over a million dollars to
nonprofits in Collier County.
We have almost a thousand people who come to work every day
at Waterside, so we're thrilled how strong the economy is and
employment is. And everything is bustling. I have my hardhat on
most of the time and my dusty boots because we have 22 construction
projects happening in the next year. So business is flourishing.
Retail is flourishing. And we're really grateful for all of that.
We also host a lot of events. We host about 100 events
annually; many of those for families. So it's not just on Fifth
January 8, 2019
Page 25
Avenue. You can come to Waterside, too.
And we're just really happy to be here today and be part of this
wonderful community that's the best place to live, work, and play and
shop.
Thank you.
CHAIRMAN McDANIEL: Don't -- Ms. Anne? Ms. Anne?
Don't go away yet, please.
COMMISSIONER TAYLOR: I have a question I can't answer.
MS. FLEMING: Okay.
COMMISSIONER TAYLOR: So I'm going to pose it to you.
What happened to Apple in Waterside? Are they expanding, or are
they moved up to Coconut?
CHAIRMAN McDANIEL: They're expanding.
MS. FLEMING: No. We -- I'm not allowed to speak on
behalf of Apple.
COMMISSIONER TAYLOR: Wow.
MS. FLEMING: But there was an article in the Naples Daily
News yesterday.
COMMISSIONER TAYLOR: Oh, okay.
MS. FLEMING: But we are still in business with Apple in a
very strong way and becoming even stronger.
COMMISSIONER TAYLOR: Good.
MS. FLEMING: You just have to be patient.
COMMISSIONER TAYLOR: All right. That's good.
CHAIRMAN McDANIEL: You should have asked me.
COMMISSIONER TAYLOR: I should have asked you.
CHAIRMAN McDANIEL: With that, thank you again,
Ms. Anne. Congratulations.
Item #7
January 8, 2019
Page 26
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: We move now to Item 7, public comments on
general topics not on the current or future agenda.
MR. MILLER: Mr. Chairman, we have registered speakers for
public comment. Your first speaker is Garrett Beyrent. He will be
followed by Rae Ann Burton.
CHAIRMAN McDANIEL: Garrett, while you're coming up, if
you'll indulge me, before you go, I'm going to go ahead and announce
the artist, the featured Artist of the Month, as Garrett's making his
way to the podium. Come on up.
The featured artist of the month is Miss -- Ms. Ricki Baker.
Ricki's artwork is inspired by her passion for theater, particularly
Broadway musicals. Each original abstract is designed to evoke and
interpret a live theatrical experience.
Ricki is an active partner in the arts in Collier County, and she
serves on the Board of the Arts -- Naples Arts Association. Ricki's
artwork has been exhibited in several shows and galleries throughout
the country.
And there is one picture I was actually looking at last night that's
a whole bunch of dots, and I know there's something in there, but I
haven't been able to discern what it actually is. Have you?
COMMISSIONER TAYLOR: I haven't looked at it.
CHAIRMAN McDANIEL: Oh. It was right behind you last
night at the CCREC meeting.
COMMISSIONER FIALA: She can't see out of the back of her
head.
COMMISSIONER TAYLOR: Thank you. Thank you.
CHAIRMAN McDANIEL: So with that, I just -- I would like
to recognizes Ms. Ricki as the featured artist of the month.
January 8, 2019
Page 27
And now your three minutes begins, my friend. Good morning.
MR. BEYRENT: Okay. Good morning, Commissioners,
Nick, and Leo, and the lady over there. Used to be Clerk of Courts.
What's her name again? I don't know. That's a joke.
Anyhow, I'm here, once again, I'm awarding an award which
was started with Commissioner Solis, and it's an award that's given to
commissioners that doesn't cost more than $4, and it's given to me by
other people to give to you.
In this case, this just happens to be for Commissioner Saunders.
It was given to me by a guy who has a booth out at the Golden Gate
market in Golden Gate City. And for two years I sat next to him in
another space. I thought he was Mexican because I thought
everybody in Golden Gate City's Mexican which, of course, I'm
totally wrong.
The guy was actually Italian. So he gave me an award to give
Burt because he's so enamored with everything Burt's doing out there
in the way of innovation.
And it's really neat because this award -- I'm taking -- this is an
ad I ran in Naples Daily News December 7th. You could buy all of
East Naples -- because I was selling it -- 750 acres, the entire East
Naples, Naples Daily News, for $7,500 an acre. You couldn't go
wrong; $750,000 (sic), 750 acres. December 7th, 1969, that ad ran.
But this award, which is Burt's award, is actually -- it's an award
that's given in Italy. It's actually Palermo. It's an award for running
from Messina to Palermo. And it's in Italian. It's made in Europe.
It's steel. It's really something.
And John wanted me to give it to you to thank you for what
you've done for him. And John is, of course, from Sicily which is
why it's all in Italian. And let me give it to Commissioner Saunders.
COMMISSIONER SAUNDERS: Well, thank you.
CHAIRMAN McDANIEL: There you go.
January 8, 2019
Page 28
(Applause.)
MR. BEYRENT: It's really heavy, too.
COMMISSIONER SAUNDERS: Well, thank you.
MR. MILLER: Commissioners, your next public speaker is
Rae Ann Burton, and she'll be followed by Hillary Hogue.
CHAIRMAN McDANIEL: Oh, there's Rae Ann. There she
is.
Good morning, Ms. Rae Ann.
MS. BURTON: Good morning. I have some visuals as well,
if possible.
Good morning, Commissioners, my name is Rae Ann Burton. I
live at Golden Gate Estates. Hope your Christmas is (sic) a great
one; that you got to see the Live Nativity downtown at Naples
presented by the Church of Nazarene.
Last year I made a promise: If anything threatened the Estates,
I would be back. It has, and I am.
One, stormwater fee created to replace misused taxes, taxes
already on property statement.
Two, projects mostly west of the Estates, Estates pay. The west
benefits.
Three, unregulated commercial development growth creates
more stormwater runoff than homeowners. Unregulated
development growth has diverted natural water flow and caused
flooding, creates road mazes, lost land, lost animals habitat, dead
panthers, and will destroy rural Naples. Reason many move to the
Estates. We don't want a Miami environment.
Four, developers' growth, not homeowners, need to be
addressed. You deny a medical marijuana dispensary but permit a
veterinary office within four-tenths of a mile of one and three miles
of another. The Board can limit the density of the devel opers'
growth. I have an example of the houses that are gathered around,
January 8, 2019
Page 29
and that's what happens.
Stop harassing the estates. Our opinions of no stormwater fee
was stressed on September 6th, 2018, at 5:05. Lasted till 9:00. It's
not a just fee. Can be and most likely be raised at Board's will. To
be just, it should be ad (sic) more and put up for vote. Taxation
without representation or benefits.
Six, purpose of the Board is to protect rural Naples'
environment, wildlife habitat, protect and honor wishes of voters, not
destroy.
Seven, even members of the Board can't agree. Original map
had a home at $12, a business at 19,000, schools and government
property, double taxation, none deductible.
Take this fee off the agenda. It should be ad (sic) more and put
up for vote. God gave the rain without taxing; therefore, you should
not tax the receivers. I will come back to fight every destructive
issue until justice is given.
Read Luke 18 verse 1 through 8. There is a way I can make my
house roof-rain friendly, and here's a picture of how to do it. What
type of permit do I need to make -- to grow grass on my roof?
I have made buttons for everyone to remind you, no stormwater
tax.
We really need cell towers. No cell or landline service after
Irma. And it could even look like a tree. That is actually a cell
tower.
Take the stormwater fee off the agenda, and I will stay home
until other destructive issues come forward. I have buttons for
everyone.
Thank you.
MR. MILLER: Your next speaker is Hillary Hogue.
CHAIRMAN McDANIEL: She did that all withinside of three
minutes, just so you know. That was well practiced, Rae Ann.
January 8, 2019
Page 30
MS. BURTON: Huh?
CHAIRMAN McDANIEL: That was well practiced. You did
that right inside of three minutes.
MS. BURTON: Within my three minutes.
CHAIRMAN McDANIEL: Yes, ma'am.
MS. HOGUE: Good morning, everyone. My name is Hillary
Hogue. I'm a guardianship advocate, nationally syndicated radio
show host of Warriors and Whistleblowers, and I am here on behalf
of the victims of guardianship corruption in Collier County. I was
here a few weeks ago. No one except one person has reached back
to me.
There is human trafficking in Collier, and it's not only young
women and children and foreigners. It's happening to our elderly
community. They are being taken out of their homes against their
will and being put in locked facilities, and their only crime is growing
old, having large estates, and living in the 20th circuit of the Middle
District of Florida.
Which one of you will be the good Samaritan that will go out of
their way and right the wrongs in this community?
My father went to his attorney, and he paid good money to have
his power of attorney and his will and his pre-need guardian drawn
up. And do you know what that is? It's as worthless as a piece of
toilet paper.
You sit here. You're respectful, as I am. What will it take to
stop the corruption? Because, obviously, you're not doing anything.
What are your procedures? We'd like a copy of them.
I would be under the assumption that each and every one of you
has an open door policy. Well, where is that open door? Because I
have a list of 23 victims of predatory guardianship abuse in this
county that would love to go through that open door, and I don't think
that's asking too much for each and every one of you to allot five, 10
January 8, 2019
Page 31
minutes of your time to have a sitdown and speak with you.
It's organized crime. No one wants it to stop because there's big
money involved. But it can happen to anyone. And I don't think it's
asking much for a little bit of your time.
So, again, I'll wait and see if any one of you gets back to me.
Thank you for your time, and I wish you all the best.
MR. MILLER: That was your final speaker under public
comment.
CHAIRMAN McDANIEL: There you are.
MR. OCHS: Mr. Chairman, we move to Item 9, advertised
public hearings.
Item #9A
ORDINANCE 2019-01: AN ORDINANCE REPEALING
ORDINANCE NO. 2011-07, AS AMENDED, IN ORDER TO
ADOPT, TO THE EXTENT APPLICABLE, THE REGULATIONS
AND POLICIES SET FORTH IN THE STATE OF FLORIDA
MODEL FLOODPLAIN MANAGEMENT ORDINANCE;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE. (THIS IS A COMPANION TO AGENDA ITEM #16A1)-
ADOPTED
MR. OCHS: Item 9A -- excuse me. 9A is a recommendation
to adopt an ordinance repealing Ordinance No. 2011-07 as amended
in order to adopt to the extent applicable the regulations and policies
set forth in the State of Florida Model Floodplain Management
Ordinance.
And Ms. Caroline Cilek will make the presentation.
January 8, 2019
Page 32
MS. CILEK: Good morning. I'm happy to be here today. I'm
happy to do a presentation for you to walk you through the ordinance,
or I could also answer questions for you. What would be best?
COMMISSIONER FIALA: I'd like to hear it.
MS. CILEK: Okay, great. Then I would like some help
pulling up the presentation. Thanks.
COMMISSIONER SOLIS: Is this the first reading?
CHAIRMAN McDANIEL: This is the second reading, is it
not, in the adoption?
MR. OCHS: Yes.
MS. CILEK: Correct. Great, thank you.
All righty. Let's begin.
I'd like to begin with some background about why we're looking
to repeal and replace the floodplain management ordinance.
As you all are aware, we are part of the National Flood
Insurance Program and, as such, we agree to do three main things.
The first is adopt flood maps. Our most recent maps were adopted
in 2012; we also agree to adopt and maintain a floodplain
management ordinance, and we currently have one effective today.
It is called the Flood Damage Prevention Ordinance; and, generally,
we agree to make regulations and keep up with best management
practices and our relationship with FEMA.
The participation in NFAP is really important because it allows
us to -- allows for our federally backed mortgages in the flood hazard
area in the county as well as loans and grants to be issued, it allows
for flood insurance to be issued for folks with homes in the floodplain
as well, and one of the main important contributions of participating
in the NFIP is that we are able to receive federal disaster relief, and
we all recognize how important that is.
As a part of the NFIP we also participate in the community
rating system. We're really proud of our work to help our
January 8, 2019
Page 33
constituents. We save folks 25 percent on their flood insurance
premiums for a regular policy, about $154 per policy and, annually,
that's $7.9 million back to Collier County that we save.
So I'd like to talk a little bit about the relationship between the
Florida Building Code and the floodplain management ordinance.
So as you're all aware, the Florida Building Code regulates the design
and construction of buildings in Florida. The model ordinance was
prepared specifically to be consistent with the Florida Building Code,
and it addresses regulations for structures that are exempt from the
Florida Building Code.
So it was -- the model ordinance was prepared by the state, and
it is specific to Collier County, because we have also added our local
provisions that we've had in place with our current ordinance for
some time. We worked with the state consultant to include those
regulations. The ordinance that we have prepared has been approved
by the state in anticipation of moving forward. And after such, it
would actually be sent up to FEMA, because at the end of the day our
agreement is with FEMA for this ordinance.
I'd like to walk you through some of the local provisions that
we've added to the state model ordinance and, as discussed, we've
worked with a consultant hired by the state to do such.
So one of the big ones and one of the ones that will really help
our community members is a reduction in the standards for sheds,
detached garages, and nonresidential farm buildings on farms.
Today, you could more or less call them a little bit of a higher
standard than what the minimum requirements ar e. And so through
this process, we've been able to evaluate what is really important to
keep and what is okay to reduce. And so we're proposing to reduce
standards on structure such as sheds, detached garages, and farm
buildings on farms.
We also learned a lot of lessons following Hurricane Irma, and
January 8, 2019
Page 34
so we would like to codify some of those policies that we've put in
place. One is an appeals process for substantially damaged
structures. We are currently doing this. It helps folks appeal
something and move forward with their lives. And then we're also
looking to elevate mechanical equipment, air conditioners, to be
consistent with best-management practices across the state.
One of the other items we're proposing is to allow the Hearing
Examiner hear certain kinds of variances and appeals and
administrative decisions under the ordinance. This is important
because it's consistent with how we approve other types of land -use
variances in the county.
Another local provision that we're proposing is to -- is regarding
temporary emergency housing. So here it's really important that we
include this provision. First, we already have a similar provision in
our current effective ordinance but, generally speaking, FEMA is
typically not -- does not want to put temporary emergency housing,
for example, RVs in the floodplain. They have a general policy
against that. But if you're able to put it in your ordinance ahead of
time, they will move forward with that following a disaster event.
And this is something that we utilized after Hurricane Irma.
So we made sure that it was consistent with other sections of our
code, and it requires a permit per FEMA, but it's free of charge, and
we help applicants fill out the permit, and we just make sure
administratively that we're tracking them.
Okay. The next section is a proposal for a non-conversion
agreement, and this is a really exciting opportunity to provide public
awareness and education to property owners about construction
standards in the flood hazard area.
So here we're really looking to reduce the potential for
unauthorized construction activity, and at the end of the day it does
help protect both life and property. It would apply to certain
January 8, 2019
Page 35
building types. So, for example, the first one is an elevated buildin g
below -- and it would apply to the section below the finished floor,
which is the floor that you walk on with your kitchen and your
bedrooms.
And so this picture describes what it would apply to. The
non-conversion agreement would be for the section below the stairs.
Another type of space that the non-conversion agreement would
apply to would be a crawl or underfloor space that is greater than five
feet in height and also detached structures that are a larger size and
that are not elevated.
So we would require this for new construction and for
substantial improvements, which are very rare, and alterations to
these enclosures. So it would have limited applicable at this point in
time except for, you know, moving forward in the future.
We would record this in the county's public records so that
future property owners would be aware of it as part of the importance
of this. It's just awareness, and make sure people understand what
they're buying, especially if they're from out of town and are not
familiar with the construction requirements and the floodplain that
we have here.
So this is also a FEMA best-management practice, and it does
come with CRS points, and it's never bad to have more points when
it's to the CRS program.
CHAIRMAN McDANIEL: Don't jump. Stay on this slide.
We have two questions.
MS. CILEK: Sure, absolutely.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: And I don't want to make you
repeat everything that we've heard, but I'm mainly concerned with the
coastal high hazard area.
MS. CILEK: Okay.
January 8, 2019
Page 36
COMMISSIONER FIALA: And I don't remember that in your
last presentation. So that's why I'm asking the question. We seem
to approve a lot of extra density in the coastal high hazard. Whether
it be a 20-story beautiful place or whether it be affordable housing,
we continue to do that. How does that affect -- like, there are a
couple that are just planning on going up. I mean, a huge housing
development right on the coast.
And how does that affect this, and why -- I know everybody
wants to live by the water, and that's why we approved it, but if
there's all of these things standing in the way, what do we do to
protect the people who buy those condominiums?
MS. CILEK: Right. I see this as a win for educating future
homeowners about that area and the risks involved with coastal surge
and just flooding in general.
This would apply to certain types of structures. So if the
structure was built, new construction, or they're making alterations to
areas -- I'm just going to use the enclosure below the elevated
building for our discussion purposes -- then they would basically sign
a non-conversion agreement recognizing that they're not going to
make that a liveable area and that they're going to abide by the
construction requirements in the Florida Building Code.
COMMISSIONER FIALA: Now, say, for instance, an old
mobile home park, senior mobile home park, right -- and there's one
right on Bayshore. It's been here longer than Earth has been here, I
think. But the people live there happily ever after, but they do get
hit by a lot of the hurricanes. And, you know, I guess they just -- I
guess they just rebuild. But I was wondering, is there -- is there
anything as far as insurance goes or anything that prevents them from
doing that, or can they just do it?
MS. CILEK: Well, elevation is very important long term so
that they are able to recover from, you know, hurricane events or
January 8, 2019
Page 37
potential flooding. It also allows them to repair their homes if they
are elevated to the appropriate elevations if they are damaged by
hurricanes.
But I'm happy to look into that question a little bit more for you
if you'd like. It's a little bit on the side of --
COMMISSIONER FIALA: Yeah. I was just wondering.
MS. CILEK: Sure.
COMMISSIONER FIALA: Because I know they don't want
them to build any more mobile homes in these areas but, you know,
they fix up, and then, of course, in some cases now they have to
elevate it, so then the people on both sides are worried about the
elevation and the water running down into their properties; that's
another issue.
So I was just wondering. But that's probably for another day.
I think it's a question that we should address or consider as we move
forward. And I don't know how much property there is left to build
another mobile home park or a 20-story condominium or anything,
but I just thought it would be something that I'd like to learn more
about. So maybe I could meet with you.
MR. FRENCH: Good morning, Commissioners. Jamie
French, for the record. I apologize. I'm battling a little bit of a cold
here.
The Coastal Construction Line is defined within our flood maps
that are adopted by FEMA and then later on by the county. If a
structure is substantially damaged, meaning that it's more than
50 percent, then it would have to come into current code compliance,
in which case, without a variance, most likely that structure would
not be rebuilt. It would not qualify for rebuilding.
And many of the structures that you are inquiring about, those
are built at such higher standards, and they do require both staff and
state approval to build within that area, it's very rare.
January 8, 2019
Page 38
One, for example, is the Ritz-Carlton with Gumbo Limbo and
that rebuilding, if you would, or the remodeling of the Gumbo Limbo
area. They went through some pretty stringent standards with the
State of Florida; took well over a year with both the state and our
staff, and we worked hand in hand with Ed Staros and the
Ritz-Carlton to make that project code compliant.
But there was a great deal of elevation requirements and
hardening that the State of Florida required upon them, in which case
the construction costs were an exorbitant amount more.
So at the end of the day, there are standards that are defined by
the State and by FEMA, but there may very well be a variance
process that would come before this board before it would even be
allowed to be built if, in fact, someone was considering building
beyond that high hazard or that Coastal Construction Line as defined
by our federal government.
So very rarely -- I had the opportunity and the pleasure to be
able to work in the Panhandle after Hurricane Michael, and I will tell
you that the City of Mexico Beach, many of the structures that were
beyond the Coastal Construction Line, ma'am, they won't be rebuilt.
They won't qualify for rebuilding.
In fact, areas that were considerate of high elevation or flood
zone acts that are outside of the high hazard areas or not in a flood
zone that would not meet these requirements, they saw in the upw ard
sums of six to eight feet of water, and many of the structures left.
So at the end of the day, we are working with FEMA and the
State of Florida, Steve Martin's office. Caroline has really solidified
a great relationship with us with the State of Florida and the
Department of Emergency Management, and I can tell you that
Collier is looked at as a model community with regards to how we
apply the Florida Building Code as well as how we work with FEMA
and the State of Florida for mitigation.
January 8, 2019
Page 39
And, as Caroline said, when FEMA shows up in your
community -- and I know Mr. Summers was here earlier, they tell
you, first off, we're a guest in your community. There are certain
standards that they want to see in place so that they can speed up
response. And unless we actually have some of these provisions in
place ready to go, it would, in fact, delay response to disaster efforts.
So I hope I answered your question, ma'am.
COMMISSIONER FIALA: Kind of. I remember there were
some great condominiums or big condominiums being built in North
Naples right along the beach, and you heard a lot of comments from
residents living nearby unhappy about that, but they built anyway.
And so things like that. And, of course, the mobile home that I'm
referring to has been there so long they can't -- they didn't have any
standards when they built. They just opened them up, you know.
So there are things.
And I understood if they rebuilt just a portion of it this year and
then another portion next year, then they don't have to meet that
50 percent and over. So that's -- at least that's what some of the
mobile home people were saying.
MS. CILEK: And just to clarify. Typically, that is the case for
something called substantial improvement where you're upgrading
your home or replacing things.
Following something like Hurricane Irma, it falls under a
category of substantial damage. And so at this point we're not
allowed to permit, through federal rules, incremental repair work. It
really does have to be captured all together.
And we work really hard with property owners. I work one on
one with them to fill out the paperwork and mak e sure we've got
everything together so they have a good picture of where they are in
their repair process.
COMMISSIONER FIALA: Thank you.
January 8, 2019
Page 40
MS. CILEK: Of course.
CHAIRMAN McDANIEL: Commissioner Solis?
COMMISSIONER SOLIS: So, as I understand it, this
non-conversion agreement would be recorded on each property.
MS. CILEK: For the ones where it would apply.
COMMISSIONER SOLIS: Right, where it would apply.
MS. CILEK: Yes.
COMMISSIONER SOLIS: And that would all be the result or
come out of the building permitting process.
MS. CILEK: Correct.
COMMISSIONER SOLIS: Right. And then what is the
enforcement mechanism? I mean, is there one?
MS. CILEK: At this point in time, we're really looking to
educate people at the front end and let them know, you know, this is
an agreement between, really, you and understanding the construction
requirements, because here we're not going any farther than what is
required by the Florida Building Code. We're just asking you to
acknowledge it.
But speaking directly to enforcement, at this time we're not
looking to do any inspections. We're really looking to weigh on just
an agreement.
CHAIRMAN McDANIEL: And on that note, just if I might, I
was pleased to see this get recorded, because it allows for a food
chain of transfer of ownership from one property owner to the next
where a title company -- those of us in the real estate business know
about recorded restrictions that are out there on a residence. It will
help point out unpermitted structures and things that come upon a
transfer for someone who might have done something after the fact
and, over time, it's going to be -- it's going to be a good mechanism to
assist us going forward.
MS. CILEK: I believe so, too.
January 8, 2019
Page 41
COMMISSIONER SOLIS: So it's really more in the line of a
notice that each particular property that it would apply to has these
conditions and is subject to these kind of restrictions.
MS. CILEK: Yes. You can say definitely think of it that way.
COMMISSIONER SOLIS: Okay.
COMMISSIONER FIALA: One last question.
MS. CILEK: Sure.
COMMISSIONER FIALA: How does it affect a whole
apartment complex built out of wood? Is that any stronger, or is that
a problem, especially if it's built in the coastal high hazard area?
MS. CILEK: Well, just generally, the agreement would apply
to these types of construction. So the enclosure below an elevated
building, regardless of construction materials; however, the Florida
Building Code does have requirements for how you construct below,
what kinds of materials you can use below the base flood elevation
plus one.
So that's how -- it would be guided by that. And here we're
really looking to apply it towards new construction and alterations.
So the construction type would also be addressed during if they were
making a large alteration to it, okay?
Any other questions?
COMMISSIONER FIALA: That's good. So I make a motion
to approve.
MS. CILEK: Sure.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the presentation and the -- and the actual ordinance, I
believe. This is a second reading on this, if I'm not mistaken.
MS. CILEK: Correct.
CHAIRMAN McDANIEL: Any other discussion?
(No response.)
January 8, 2019
Page 42
CHAIRMAN McDANIEL: All those in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: Thank you.
MS. CILEK: Thank you very much.
CHAIRMAN McDANIEL: Very nice presentation.
Item #9B
BOARD OF COUNTY COMMISSIONERS ADOPT: 1) AN
ORDINANCE AMENDING ORDINANCE NO. 2002-63, WHICH
ESTABLISHED THE CONSERVATION COLLIER PROGRAM,
AND 2) A RESOLUTION SUPERSEDING AND REPLACING
RESOLUTION NO. 2007-300 ESTABLISHING THE COLLIER
COUNTY BOARD OF COUNTY COMMISSIONER’S
PURCHASING POLICY FOR THE ACQUISITION OF LANDS
BY THE CONSERVATION COLLIER LAND ACQUISITION
PROGRAM BY REQUIRING PURCHASES IN EXCESS OF THE
PRICE ESTABLISHED BY THE METHODOLOGY BE
APPROVED BY AN EXTRAORDINARY VOTE OF THE BOARD
IN ACCORDANCE WITH SECTION 125.355, FLORIDA
STATUTES - MOTION TO HAVE THE CCLAAC REVIEW
BOTH THE ORDINANCE AND RESOLUTION, MAKE ANY
RECOMMENDATIONS AND THEN BRING BACK TO THE
BOARD ON JANUARY 22, 2019 OR LONGER IF NEEDED –
APPROVED
January 8, 2019
Page 43
MR. OCHS: Item 9B is a recommendation for the Board to,
number one, adopt an ordinance amending Ordinance No. 2002-63
which established the Conservation Collier program, and number
two, to consider a resolution superceding and replacing Resolution
No. 2007-300, establishing the Board's purchasing policy for the
acquisition of lands by the Conservation Collier Land Acquisition
Program by requiring purchases in excess of the price established by
the methodology be approved by an extraordinary vote of the Board.
CHAIRMAN McDANIEL: And before we go on, Troy, if you
would, please, after the County Manager has read off the agenda
item, if you would just come right in and let me know whether or not
we have public speakers.
MR. MILLER: Absolutely, sir. We've two -- three registered
speakers for this item.
CHAIRMAN McDANIEL: Okay. Commissioner Solis, do
you want to speak before we go on?
COMMISSIONER SOLIS: Can I? And just in an effort to
save some time.
I had assumed that everybody had received an email or the letter
from Bill Poteet, the chair of the CCLAC. And one of the things
that he raises is that this change related to purchasing properties
above what the appraised value was hasn't really been considered by
the CCLAC. And what I was just going to ask is, I think since the
CCLAC is the body that we ask to review these things and make
decisions on whether or not -- or make recommendations on whether
or not a property should be purchased, I think we should send it back
to them and let them look at it, because I think there's a lot of things
that they may want to weigh in on.
For example, would it be advisable to have some range? You
know, if the Commission's going to buy a property that's for a valu e
January 8, 2019
Page 44
that's over what the appraisal is, you know, is that 10 percent, is it
20 -- whatever it is, should they consider some guidelines? And,
ultimately, the decision's up to the Board, but -- and I would also
think that it would be helpful, since the CCLAC is the one that
reviews these things, to -- you know, to weigh in on whether or not
we should do that, since that's what we've asked them to do anyway.
So I was just going to make a motion to at least have the
committee take a look at this and come back with some
recommendations if they have any.
COMMISSIONER FIALA: I agree. So I'll second your
motion.
COMMISSIONER SOLIS: Okay.
COMMISSIONER FIALA: I know we've gotten a list from the
Conservancy as well; really good information that they put out there,
and I bet that would be things that the committee would want to
address.
COMMISSIONER SOLIS: Right, right. Yeah, this was a
board-directed request, so I just think that it would be advisable to do
that.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Just help me. What is the
problem if -- and I'm asking really in a very true, unbiased sense, I
guess I want to say. What is the problem if we don't put any kind of
percentage increase but evaluate the property as it comes in and then
base our asking price on the value of the property as deemed, I would
assume, by this board?
COMMISSIONER SOLIS: Well, I don't know -- one, I don't
know that there is an issue. I think the committee that is so well
versed in reviewing these properties, they may have some ideas. I
mean, I don't know what the committee's ideas would be. I think
that having some range -- there's a reason, I think, that the committee
January 8, 2019
Page 45
is -- at least Mr. Poteet thinks that they should look at this. I think
there's some concerns. And I think --
COMMISSIONER TAYLOR: I don't have -- I'm sorry. I
don't have any problem with the motion whatsoever. I would agree
to it. I would just -- this is purely for -- so I can start thinking about
it, because this is a world that I don't know very much about.
COMMISSIONER SOLIS: Right. Well -- and that's why I
think -- I agree with you. I feel the same way, and I think that to
some extent we should let them take a look at it, and if they think it
would be good to have some kinds of ranges, you know, is it just an
open book? Is it a range?
CHAIRMAN McDANIEL: And I would like to suggest -- I
mean, your motion is to send it back to CCLAC. Let's let the
CCLAC -- let's send it back to them, let them review, make the
recommendations to us as, necessarily, they see fit.
But before we go on with the actual motion and second, we have
three public speakers. Let's go ahead and have -- I don't think we're
going to need a presentation, Barry.
MR. WILLIAMS: No problem.
CHAIRMAN McDANIEL: You can stand there, though, in
case we have a question.
MR. MILLER: Your first speaker is Gladys Delgadillo. She'll
be followed by Meredith Budd.
COMMISSIONER SOLIS: Would the speakers like to hear the
result of the motion first?
CHAIRMAN McDANIEL: No.
COMMISSIONER SOLIS: No? Okay.
CHAIRMAN McDANIEL: You have three minutes to say
your peace.
MS. DELGADILLO: Okay. My name is Gladys Delgadillo.
I'm here today on behalf of the Conservancy.
January 8, 2019
Page 46
So we want to thank Commissioner Solis for his motion to bring
that second part of this item back to CCLAC, the resolution, and then
I'm going to focus my comments on the ordinance changes.
The Conservancy sent a letter to you Friday sharing our thoughts
on each of the proposed changes to the ordinance. I have copies if
any of you don't have it on you. But I won't reiterate all of the
thoughts in that letter now.
In general, we just want to share that we feel that the
Conservation Collier program isn't broken, and we urge you not to
make changes which might undermine the great success this local
land conservation program has achieved.
This is especially important, as we hope to have another
Conservation Collier referendum on the ballot in 2020. And so
there's a need to maintain the integrity of the program so well loved
by Collier County citizens.
We're grateful CCLAC members have rejected many of the
proposed changes the Conservancy was concerned about, but we still
have questions and concerns about some of the remaining changes
not originally recommended by staff.
We are especially concerned about the following two changes:
Number one, removing language limiting the use of Conservation
Collier dollars. Voters supported levy and ad valorem property taxes
for the express purpose of supporting Conservation Collier land
acquisition and management. They expect Conservation Collier
dollars to be used for this purpose; and, number two, removing
reference to ad valorem taxes. These taxes have consistently been
the heart of the Conservation Collier program. We have concerns
about moving away from this funding source, and at a minimum, the
public needs to better understand the implications of doing so before
it's included in an ordinance.
Additionally, the county should be aware of unintended
January 8, 2019
Page 47
consequences from the proposed edits. For example, possible
changes to the initial criteria screening report process.
We ask you to consider each proposed change on its individual
merits and to keep Conservation Collier working as the public
intended.
Thank you.
COMMISSIONER SAUNDERS: Next speaker?
MR. MILER: Your next speaker is Meredith Budd. She will
be followed by Brad Cornell.
MS. BUDD: Good morning, Commissioners. Happy New
Year. Meredith Budd on behalf of the Florida Wildlife Federation.
I guess I'm a little confused about Commissioner Solis' motion,
if it was just pertaining to the latter half of the item, meaning just
sending back the new -- the resolution portion of the item, as that has
not been discussed or approved by the CCLAC, but the ordinance
changes that are before you today do pertain to the -- or, excuse me,
have been reviewed and sent to the CCLAC and then back to the
Commission. So I was a little confused as to if that item would be
discussed still today.
CHAIRMAN McDANIEL: We'll get to that in a minute when
we actually vote.
MS. BUDD: Okay. So I will provide my co mments, then, to
you on the ordinance changes as well.
I share a lot of the same concerns that Gladys, my colleague at
the Conservancy, has. Namely, I do want to -- I did send you all a
letter before the last commission meeting, so you have my thoughts
in writing, but I just want to point out three of the most pressing
items that I think I still have concerns over.
While I think most of the changes are unnecessary, the first one
I want to talk about is the prioritization of urban parcels, Page 11,
9.1. The intent of the program speaks to acquiring the most rare and
January 8, 2019
Page 48
endangered habitats and those that are equitably distributed. That's
4.1 and 4.2 sections. By and large, rare and endangered habitats,
and -- are not prevalent in the urban area. That's not to say by any
means that they can't be. They're just not prevalent. They're less
common.
And then also prioritizing the urban parcels would be in
opposition to the intent for equitable distribution.
So with that in mind, I also want to talk about Cycle 9. This
is -- acquiring urban parcels has never been a problem for
Conservation Collier, and notably this past cycle the CCLAC
recommended and highly ranked several urban parcels, including the
Hack property, SD Corp, Green & Green Investments, and the n also
urban parcels out near Immokalee, which is near an urban area. You
had Sanitation/Bethune and Big Hammock.
So the recommended change to prioritize parcels in the urban
area, you know, it wasn't necessary to have these great parcels highly
ranked this time around, and you don't need it. So I think it's
unnecessary and could be to the detriment of the program.
Also of note, I'm concerned about the change in 14.7, how the
change can negatively impact the multi-parcel projects. Staff speaks
about how this could impact -- negatively impact the multi-parcel
projects. Right now the program has the ability to consolidate
parcels within the multi-parcel projects only through trades to create
contiguous conservation land, and the Federation does recommend
retaining this language and not extinguishing all development rights,
although we are definitely opposed to the previously discussed at
CCLAC meeting discussion about expanding the newer -- or a new
TDR program to expand it to the rest of the county.
MR. MILLER: I'm sorry. My regular timer has lost power, so
I was timing it on a different timer, and her time is up, sir. My
apologies.
January 8, 2019
Page 49
MS. BUDD: Thank you so very much.
MR. MILLER: I will fix the timer on the break. Your final
speaker is Brad Cornell.
CHAIRMAN McDANIEL: I thought I was just hearing
ringing.
MR. MILLER: Sorry about that. I had to do something
quickly.
Go ahead, Brad.
MR. CORNELL: Good morning, Commissioners, and
congratulations to the new chair.
CHAIRMAN McDANIEL: My friend.
MR. CORNELL: And it's good to see you in 2019 now. I
appreciate the opportunity to address you on this. I'm representing
Audubon of the Western Everglades and Audubon Florida's
Corkscrew Swamp Sanctuary.
We object to moving forward with these ordinance changes
today for a couple reasons: One is, the one that's been identified by
Commissioner Solis, the purchasing policies that are being discussed
and considered haven't been vetted by CCLAC, and that's a bad
precedent. It's bad policy-making. We oppose that. So I think
you're considering the right direction to go back to CCLAC on those
and get their input.
Also, Audubon of Western Everglades and Corkscrew see the
revisions in the ordinance as premature. We're ahead of the game
here in terms of the landscape of Conservation Collier. Outside of
Cycle 9 acquisition opportunities, there's no more plans for a Cycle
10 until you start -- restart the funding for the program. So, really,
we need to be looking at completing Cycle 9 and looking further
down the road at a more comprehensive set of changes for the
ordinance. This is premature.
And speaking of Cycle 9, Audubon of the Western Everglades
January 8, 2019
Page 50
has been waiting for you-all, the Board, to finish this Cycle 9 for a
long time, as have the landowners who applied and proposed their
properties in good faith to the county under this program. So we're
trying to be patient.
So we urge you to move forward with that rather than this, and
let's keep the conversation going on ordinance changes, but let's put
our attention more on Cycle 9. Thank you.
CHAIRMAN McDANIEL: Thank you, Brad.
MR. MILLER: And that was your final speaker on this item,
sir.
CHAIRMAN McDANIEL: All right. With that, there's been a
motion and a second. I just -- as a point of clarification,
Commissioner Solis, is it your intent to send the whole process back
to CCLAC for review and comment back to us, including the
suggestion of the supermajority vote on pricing over the allowed
procedures now?
COMMISSIONER SOLIS: Well, I guess my question would
be one for staff. I mean, is there any overlap between this
purchasing policy resolution and the revisions that are made? I
hadn't thought about it that way. My initial thought was to send the
whole thing back, but I am concerned that, as Mr. Cornell said, it
does seem pretty much somewhat premature since there's no funding
for it right now.
MR. WILLIAMS: Mr. Chair, if I may, just to comment. The
two items are quite separate in terms of the purchasing in terms of,
you know, following a state statute allows a supermajority to pay
more than appraised value. So that is a distinct area, and we respect
the Board's decision to ask us to bring that back through CCLAC.
We think that's a good decision.
Ordinance changes that we're recommending, however, we have
vetted those through CCLAC, and they have been confirmed by
January 8, 2019
Page 51
CCLAC.
The thing I'd also mention to you is over the course of that
program, the last 16, 17 years, we've made periodic tweaks to the
ordinance to kind of reflect the reality of where we stand. So that's
what these changes reflect.
So we would ask you to consider the ordinance changes today,
and we'd certainly be willing to take the resolution, purchasing
resolution back for consideration with CCLAC.
CHAIRMAN McDANIEL: And just as a point of reference,
Commissioner Solis, there is a funding source available.
COMMISSIONER SOLIS: Well --
CHAIRMAN McDANIEL: It's pulling out of the -- whether
you care for it or not, it's pulling out of the existing reserves. And
we've had discussions with very specific intent as to allow for
decision-making going forward on processes. So just as a point of
statement, there is a funding source available now for acquisitions.
It's not as optimal as what necessarily could be, so...
COMMISSIONER SOLIS: Right, understood. And
if -- because I've always been opposed to using the maintenance
funds as -- for purchasing. I mean, if we separate this, I'm not going
to support the changes. I agree that they're premature, and we don't
have a specific funding source that's for purchasing. It's for
maintenance, so that's my position on that.
CHAIRMAN McDANIEL: Commissioner Fiala?
COMMISSIONER FIALA: Thank you. Yeah, I agree with
that. That land is there. We're going to own it. We need to
maintain it. We can't just use that money to buy other things.
I don't even know what happened to Cycle 9. Why hasn't it
been moving forward at all? According to Brad, it's just sitting
there.
MR. WILLIAMS: Yes, ma'am. Cycle 9 is actually coming
January 8, 2019
Page 52
before you next board meeting, and it's on for the 22nd.
COMMISSIONER FIALA: I see. Okay, fine. Okay. So I
totally agree about maintenance fees -- or funds, and I think we
shouldn't be using them up to do other things, unless there's
something that's urgent, okay, and I don't know whether that's --
CHAIRMAN McDANIEL: And I'm not -- you know, we're
certainly all entitled to our opinions, but that is a process. This is a
vote that we all took a year and a half ago in an effort to allow for
continuing purchases to go on, and discussions with regard to future
funding are, in fact, going to come forward.
The adjustments in the ordinance that are proposed today have
gone through CCLAC. And, again, I'm not lobbying for or against.
I just want to make it a very clear point that, you know, there has
been an enormous amount of discussion and vetting with regard to
these proposed -- and I was very much involved in this, and I didn't
get a lot of what I wanted, just so you know. I mean, I made some
other rather drastic adjustments that CCLAC didn't like, so --
COMMISSIONER FIALA: Yeah, I was reading about it.
CHAIRMAN McDANIEL: So, Commissioner Saunders, or,
excuse me, Commissioner Taylor's next, and then --
COMMISSIONER TAYLOR: Well, I think we have to make a
decision right now whether we're going to discuss this and send part
of it back or just send everything back and then have a discussion.
Frankly, to get a well-written but fairly dense document on Friday in
order to prepare for a meeting on Tuesday is just too tig ht a schedule,
and this is not an easy read.
So I guess I would support taking a deep breath, sending
the -- you know, understanding that there's been discussions. And so
if the CCLAC doesn't want to discuss it again, that's fine, but there is
an issue that they need to review and see it as a whole.
CHAIRMAN McDANIEL: Commissioner Saunders, did you
January 8, 2019
Page 53
have light -- because you popped up as Commissioner Solis, so...
COMMISSIONER SAUNDERS: Oh, no.
CHAIRMAN McDANIEL: Oh, yes.
COMMISSIONER SOLIS: We wouldn't want that to happen.
COMMISSIONER SAUNDERS: Then I'm very sad about the
Clemson/Alabama game now.
COMMISSIONER FIALA: You're going to have that one all
meeting.
CHAIRMAN McDANIEL: Yes, he is.
COMMISSIONER SAUNDERS: I just had a couple
comments.
I have no objection to this being continued at all. That's fine. I
think we should do it all as one ordinance as opposed to part of an
ordinance today and then part of an ordinance in a few weeks. But
August 2020 will be here quicker than we can imagine.
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER SAUNDERS: And it's going to be our goal,
certainly my goal, that this is on the ballot in August of 2020. So I
want this ordinance in good shape and approved many, many months
in advance of that.
And so we need to make sure that CCLAC reviews this and gets
it back to us in a fairly timely manner. I mean, we have, you know,
five or six months we can play with. But once you start getting
beyond that, then we're going to start getting close to election time
again, and I don't want to be arguing about terms of an ordinance in
advance of an election.
So I support continuing this but would urge that the CCLAC
take a look at this fairly expeditiously and get it back to us, because
you're going to have to readvertise, and we're going to be several
months down the road.
CHAIRMAN McDANIEL: County Attorney, I see you hit
January 8, 2019
Page 54
your button.
MR. KLATZKOW: Well, you can avoid the readvertising if
you continue this to a date certain, like February 12th. I don't know
if that gives CCLAC enough time.
COMMISSIONER SAUNDERS: That's not going to be
reviewed by then. You're going to have to continue it for longer
than that.
MR. KLATZKOW: Then we'll readvertise.
MR. OCHS: Well, I think we're down to one item of review for
CCLAC.
COMMISSIONER SAUNDERS: If that can be done, that's
fine.
MR. OCHS: That's this issue about appraised value and
whether or not to provide some discretion for the Board to go
beyond.
CHAIRMAN McDANIEL: If, in fact, my colleagues are okay
with the proposed adjustments to date -- and I'm hearing that there
may be questions in regard to that as well.
MR. OCHS: I haven't heard any of those, sir, except for this
one.
CHAIRMAN McDANIEL: Well, I heard a couple.
COMMISSIONER TAYLOR: Yeah. I mean, we can discuss
this, but --
CHAIRMAN McDANIEL: And if we pick -- excuse me. If
we pick a date certain in March to give CCLAC enough time to have
a meeting or two to review these proposed, would that alleviate the
readvertising?
MR. KLATZKOW: It would, and I've just been advised that
their next meeting is Monday, this coming Monday.
CHAIRMAN McDANIEL: Coming up. So if we picked our
second meeting in March, that would be a date certain, avoid the
January 8, 2019
Page 55
readvertising process, and allow -- and allow all of us to pay
particular attention.
I know, myself, I have attended the CCLAC meetings, I've
attended multiple public meetings where we were in review with the
consultants and the like.
MR. KLATZKOW: If the CCLAC is meeting the 14th, you
could hear this again your next meeting on the 22nd.
COMMISSIONER SAUNDERS: Could the motion maker
amend the motion to continue this item until that date?
MR. KLATZKOW: Your very next meeting, January 22nd.
COMMISSIONER TAYLOR: January 22nd. Let's do it.
CHAIRMAN McDANIEL: There's multiple dates coming at
me. Which date do you want to -- I don't want them to be rushed.
COMMISSIONER SOLIS: Yeah, I think that's --
CHAIRMAN McDANIEL: Our second meeting in February;
how about that?
MR. KLATZKOW: That's too far outside. You'd have to
advertise.
CHAIRMAN McDANIEL: Oh, okay.
COMMISSIONER SAUNDERS: The readvertising is not a big
deal.
MR. KLATZKOW: It's just money.
COMMISSIONER SAUNDERS: But just -- I don't think we
should worry about that particular expense. Let's just go about this
in an orderly way.
COMMISSIONER SOLIS: They would need some time.
Staff would need some time to look at --
CHAIRMAN McDANIEL: Staff has been looking at this stuff,
but I mean --
MR. WILLIAMS: We could get this on the agenda for their
Monday meeting and consider it with your direction then and then
January 8, 2019
Page 56
bring it back at the soonest, if that would make sense.
CHAIRMAN McDANIEL: At our second -- I mean, how do
you all feel?
COMMISSIONER TAYLOR: I don't understand --
COMMISSIONER SAUNDERS: I don't care about the
advertising cost. We should not be sitting here trying to set a
schedule based on what it costs to advertise an ordinance. It's just
not enough. If it was $100,000 I'd say yeah, but it's -- we're talking
about a few hundred bucks here, I think, and --
COMMISSIONER TAYLOR: Well, I just -- to me it's
expeditious just to -- let's just be very expeditious about this unless
this -- it's one question. CCLAC can put their teeth into it, and if
there's a problem, then you can come back to us. But I don't see any
reason why not -- we don't discuss it at the next meeting.
MR. WILLIAMS: Yes, ma'am. And that's what I would
suggest. And as Commissioner McDaniel indicates, CCLAC has
looked at this considerably over the last year or so. So they have
fully vetted the bulk of this. It's a just this -- the procurement issue.
COMMISSIONER TAYLOR: Just one.
CHAIRMAN McDANIEL: We started this initiative last year
and the review of these things. As you said, it's not an easy read, but
be that as it may, this is a new subject matter.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN McDANIEL: So I think if we time-certain it for
our next board meeting, that gives sufficient time for review and --
COMMISSIONER TAYLOR: And if there's a problem, then --
COMMISSIONER FIALA: You mean still in January?
CHAIRMAN McDANIEL: Yes, our second board meeting in
January, which gives them time to review and get comments back to
us for our --
COMMISSIONER SOLIS: The next CCLAC meeting is next
January 8, 2019
Page 57
week?
CHAIRMAN McDANIEL: Monday.
MR. WILLIAMS: Next Monday.
COMMISSIONER SOLIS: It's Monday. I mean, I don't know
how they're going to have enough time to put this on their agenda and
then chew on it and come up with some -- I mean, can we make it the
first meeting in February?
CHAIRMAN McDANIEL: We can do whatever you like.
COMMISSIONER SOLIS: It just doesn't -- you know, I just
see that we're giving them less than a week to look at this and
decide -- and not the ordinance changes, but the resolution part.
COMMISSIONER TAYLOR: The resolution.
MR. WILLIAMS: We could bring it to their attention Monday,
and if they need the additional time, then we could come back with
that, if that would make sense. I mean, we have the agenda
prepared, as it has been prepared for you. So it's easy for us to put
that in their packet to consider and get their input at the next meeting.
Just if -- as you say, though, if they require a bit more time to digest
it, that would be the question, perhaps.
COMMISSIONER SOLIS: Okay. I mean, if you think that's
enough time, I'll go along with it.
CHAIRMAN McDANIEL: Let's set it up for our next meeting
to actually hear it and if, in fact, we require more time we'll allot it.
And you'll make that adjustment to your motion --
COMMISSIONER SOLIS: Yes.
CHAIRMAN McDANIEL: -- and the second?
COMMISSIONER FIALA: (Nods head.)
CHAIRMAN McDANIEL: It's been moved and seconded.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
January 8, 2019
Page 58
COMMISSION SOLIS: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: You guys said yes, didn't you?
COMMISSIONER FIALA: Yes.
COMMISSIONER SOLIS: Yes.
MR. WILLIAMS: Thank you.
COMMISSIONER FIALA: I was nodding my head.
CHAIRMAN McDANIEL: Let's go ahead and give our
favorite court reporter a 10-minute break. We'll be back at
10:44 -- 10:45.
(A brief recess was had.)
CHAIRMAN McDANIEL: I want to warn my colleagues that
when I say -- I gave them an extra minute. They're not here, so the
consequences of what are about to transpire are their fault, not mine.
We'll wait for them.
MR. OCHS: Yes, sir.
(A brief recess was had.)
MR. OCHS: Chairman, you have a live mic.
CHAIRMAN McDANIEL: There we go.
Item #11A
AWARD INVITATION TO BID NO. 18-7462, “GOLDEN GATE
TAMIAMI WELLFIELD – WELL NO. 38,” TO ALL WEBB’S
ENTERPRISES, INC., IN THE AMOUNT OF $1,327,050,
(PROJECT NUMBER 70196) – APPROVED
January 8, 2019
Page 59
MR. OCHS: Commissioners, we're on to Item 11A. This is a
recommendation to award a contract for the Golden Gate Tamiami
Wellfield Well No. 38 to All Webb's Enterprises, Incorporated, in the
amount of $1,327,050.
Mr. Chmelik is available to make a presentation or respond to
questions. This is a lowest responsive and responsible bidder award.
CHAIRMAN McDANIEL: Commissioner Saunders, do you
have a question?
COMMISSIONER SAUNDERS: No. I'll make a motion to
approve if there are no registered speakers.
MR. MILLER: There are no registered speakers on this item,
sir.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept this Item 11A as presented. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: Fine report.
MR. OCHS: Thank you.
MR. CHMELIK: Thank you, Commissioner.
CHAIRMAN McDANIEL: Mr. Chmelik, fine report.
Item #11B
January 8, 2019
Page 60
ACCEPT A REPORT ON NEXT STEPS IN THE NAMING
RIGHTS PROCESS FOR COLLIER COUNTY ASSETS
UTILIZING SUPERLATIVE GROUP, INC., AND OBTAIN ANY
FURTHER BOARD OF COUNTY COMMISSIONERS
DIRECTION NECESSARY – APPROVED
MR. OCHS: Item 11B is a recommendation to accept a report
on the next steps in the naming rights process for Collier County
assets utilizing an existing contract with Superlative Group,
Incorporated, and obtain any other board direction that's necessary to
move forward.
Mr. Wert will make a brief presentation.
MR. WERT: Thank you and good morning, Commissioners.
The Superlative Group has been under contract with Collier
County for a few months now. They have been doing their due
diligence in Phase 1 of their contractual engagement with Collier
County, and that included a development of an asset inventory and
evaluation of those assets in ranges.
And the first focus is really the new sports complex. We have a
lot of opportunities, we think, there for naming rights with some
private-sector companies. This is expertise that the Superlative
Group brings to us. And what this is is a progress report on Phase 1.
And I'd like to introduce Mr. Kyle Canter, chief operating
officer, and Sean Thomas, director of sponsorship sales for
Superlative Group to go through a brief presentation with all of you.
And you know what -- I wonder where that presentation is.
Can you bring it up? Can you bring theirs up?
MR. OCHS: Troy, they have it on a drive.
COMMISSIONER SOLIS: I'm just going to add, for the
record, that as an example of why Alabama fans are the best fans, I
January 8, 2019
Page 61
mean, after a game like this, we have somebody in the back wearing
the colors. Proudly wearing the colors. Thank you for being here.
CHAIRMAN McDANIEL: Well, there you go. Now we're
ready.
MR. CANTER: All right. Thank you all for having us.
As Jack said, I'm Kyle Canter, the chief operating officer at the
Superlative Group. We're based in Cleveland, Ohio. And I have
with me Sean Thomas, who's a director of corporate sponsorship for
us.
We're just going to take you through a quick update and
presentation on what we've completed so far, which is Phase 1 of a
two-step process. So Phase 1 is the asset inventory and valuation
phase, and then Phase 2 is the actual selling phase where we would
be out on your behalf bringing back potential sponsors and
partnerships for your consideration.
Just a real quick background on Superlative. We've been
around for 25 years. We focus in the representation of all kinds of
municipal entities, cities, counties, states. We represent the U.S.
Marines, the U.S. Army, convention centers. Anywhere where
there's a municipal asset or opportunity that is a great opportunity for
corporate partnership, we would then represent the municipality
through that process.
COMMISSIONER TAYLOR: Excuse me. So you represent
the Army or the Navy in terms of them lending their name or brand to
a specific asset of a municipality or county?
MR. CANTER: No. So we would represent the Army or the
Marine Corps in securing sponsors on their behalf. So, like, Harley
Davidson is a sponsor we brought to the U.S. Marines. Harley pays
the Marines a fee to associate with the events that they're holding on
their base to get to the Marines.
COMMISSIONER TAYLOR: Okay. All right.
January 8, 2019
Page 62
MR. CANTER: So we're always, essentially, the agent on
behalf of whatever the municipal body is bringing back revenue to
that body.
So our process is an impression-based methodology when we go
through our evaluation process. Essentially, what we're looking at is
every opportunity that a sponsor could take advantage of to get their
brand in front of an impression. So we look at the total number of
those impressions that any certain opportunity would generate
through the hard signage, through the marketing of that asset, through
the promotion of that asset, any media that would come along with it,
and then we look at the CPM, or the cost per thousand of that market.
And so the combination of the total number of impressions and
that CPM through all of those different touch points, we come up
with what the value is of any certain opportunity. So naming rights
to any specific asset or a category partnership that might offer a
partner exposure at a handful of different venues or events controlled
by the county, then we pull all those together and determine what the
total value is of that partnership.
And then we benchmark. So benchmarking is just us taking all
of the data that we have of all of these corporate sponsorships
specifically in the municipal space that exists throughout the U.S. and
making sure that at the end of this Phase 1 process we have an
impression-based value and a benchmarked value so that when we
then move into the sales phase we have all of that backup and all of
that data behind us.
Today when you walk into a brand and ask for X millions over
X years, they want all of that marketing data. Ten years, 20 years
ago, it wasn't so much. If the opportunity was right, they -- and they
liked it, they could move forward. But today it's much more of this
mathematical-based marketing and advertising spending. So this
Phase 1 report really supports our Phase 2 sales process.
January 8, 2019
Page 63
COMMISSIONER TAYLOR: May I ask you a question on
that the outdoor media cost per thousand?
MR. CANTER: Yeah.
COMMISSIONER TAYLOR: What would it be for Dade
County?
MR. CANTER: So the way that we look at the CPM -- and I
don't know off the top of my head what -- so there's a different CPM
for different kinds of advertising.
COMMISSIONER TAYLOR: Sure.
MR. CANTER: So a TV -- the CPM for a television
commercial is different, you know. So it would -- so that's why we
show a range there. But we can get that for you, because we did the
evaluation for them as well.
COMMISSIONER TAYLOR: Yeah. I'm just curious how we
compare, because you've come here; you've looked at us very closely.
MR. CANTER: Yeah.
COMMISSIONER TAYLOR: You look at demographics, I'm
assuming.
MR. CANTER: Yeah, for sure. Demographics are not -- so
there are some weights that we apply to some of these impressions,
and that's where demographics might come in. It also comes in in
the sales process when you're -- when you're meeting with specific
brands who would want to be in front of specific demographics.
The sports complex is going to offer a great opportunity for
families, for kids, for athletes, for -- so when you go through and look
at the different demographics, you can make assumptions on what
brands might want to be in front of that specific demographic.
COMMISSIONER TAYLOR: Thank you.
MR. CANTER: So here is just a summary of a few of the
assets we looked at on behalf of Collier County. At the bottom
we've included all of these -- all of these opportunities came in
January 8, 2019
Page 64
between $25,000 a year and $275,000 a year. That's a big range.
Certain assets are worth more in the range of 25,000. Other assets
are in the range of $275,000. Again, that's an annual value.
And then anytime we're looking at naming rights of an asset,
you're always in the 10- to 25-year range. You're going to rename,
potentially, a facility, and that's directional; the name is directional by
nature. So we're always doing our best to steer towards the longer
term.
And that's -- and that's standard with any naming right, whether
it's an NBA facility or an NFL facility or whatever kind of asset it
might be.
CHAIRMAN McDANIEL: Commissioner Saunders.
COMMISSIONER SAUNDERS: A quick question whether we
go forward with this agreement or not. This is a question for staff.
Under regional parks, you have North Collier and Sugden. Is
there a proposal that we rename a park that was named after someone
who donated funds for the park? Why would that name be on that
in --
MR. CASALANGUIDA: That's one of the reasons we're here,
sir. If there's anything on these lists as we prepare them that you
say, no, that's a special park; we don't want to change.
COMMISSIONER SAUNDERS: The Sugdens, I'm not sure
how much money they gave for that park, but had they not done that,
we probably would not have a park there, so I would object to
changing the name of a park for someone who came to the table.
MR. OCHS: Sure. There may be a venue inside of the park.
Maybe if there's an amphitheater or something that doesn't have a
sponsor now that, without changing the name of Sugden Park, you
might be able to work out.
COMMISSIONER SAUNDERS: I just don't want the family
to see something like this and think that we're going to make that
January 8, 2019
Page 65
change. So if we change this to reflect that it's the North Collier
Park or facilities within Sugden Park --
MR. OCHS: Yeah.
COMMISSIONER SAUNDERS: -- that would be appreciated.
All this is a public record, and they may be watching this
presentation.
MR. CANTER: Sure. And we're not in the business of taking
people's name down.
COMMISSIONER SAUNDERS: I know.
MR. CANTER: We wouldn't be in business long. So I
think -- the way we move into Phase 2 is we always propose to work
on the most valuable assets that you guys are comfortable with us
moving forward on. There's a few reasons for that. So it's kind of
a -- we may be working on three to five opportunities at a time and
kind of working our way through them. Everything would then, you
know, come back to you for review and approval, and we'd work
with staff through the negotiation process.
But that's typically how our process would work and, at the end
of the day, we know that, you know, the signage has to be tasteful,
the brand has to be right. It has to be a partnership that, you know,
we'd love to see you guys unanimously vote on and the community
feel good about. And so that's -- I think when you look at the
benchmarks that we've provided and look at the work we've done in
other communities, that's what -- that's the way we try to leave the
agreements that we put in place.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Two questions. What is the
City of Miami Beach going to be called now? Coca -Cola's involved.
MR. CANTER: Yeah, so that's just a pouring-rights agreement.
So pouring-rights agreements are -- and it's something that we would
propose that you guys look at as well.
January 8, 2019
Page 66
So a pouring right is -- it doesn't involve any renaming or -- and
in most instances it involves almost no signage as well. So a
pouring right is you as the landlord of all of these different points of
sale, you pull those together and you secure a partner, whether it's
Pepsi, Coke, or Dr. Pepper Snapple, and they are your exclusive
nonalcoholic beverage partner. So that may include donated product
for some specific county events. It would include a signing bonus, it
would include an annual sponsorship payment. Those are all things
that are in that Miami Beach agreement.
In Miami Beach they also made a significant contribution
towards the recycling program in Miami -- in Miami Beach, I should
say. Obviously, we're executing a partnership with, you know, one
of the biggest plastic producers in this beach community. So that
was something that they came in and replaced all the recycling bins,
and they make a contribution every year towards the recycling
program.
So that gives you a little bit of a feel for what a pouring right is.
If you look at an arena, same thing. Any arena you go into, they
only will serve one brand or the other group of brands, and that's the
same thing. They've taken that opportunity and monetized it for
themselves, and then whether it's Air Mark, or whoever the operator
is of that agreement, they're just told, here's what you're going to
serve, here's the pricing that we've negotiated. We negotiated it as a
countywide. So you can still have your vendors in place who are
actually doing the sales. All you've done is determined brand.
COMMISSIONER TAYLOR: Okay. So the one in this one
specific, besides Sugden -- and I'm glad you caught that. I missed
that completely. I think it's accurate that we -- Sugden remain
Sugden.
But the CAT system, our Collier Area Transit system, the CAT
and the CAT bus, it has become to me, and maybe to the public -- but
January 8, 2019
Page 67
this board is going to have to make that decision. Are we willing to
change that or do we keep it and then maybe have something in
addition to? Because to me the cat on the bus, and it's a CAT
system, is emblematic of our transit system in Collier County. But,
again, I'm one person here. I don't want to --
MR. CANTER: And maybe I can just quickly take you through
a transit-naming-rights opportunity, one we've executed. We've
executed three in Cleveland. We just did another one in Richmond.
So you would maintain that brand. You would maintain the
name of the system. We would -- we would sell -- in some light rail
systems, they may have the blue line. In San Diego, we sold the
blue line. It's now the UC San Diego Blue Line. So in that
arrangement, the transit system gets $37 million over 30 years.
There's branding on the line, in a tasteful way, though.
So what we're selling isn't advertising. It's the name of the line.
So if you have the A line or the B line or the red line or the 57 --
COMMISSIONER TAYLOR: Or the Collier County CAT
system.
COMMISSIONER SOLIS: Jaguar CAT system.
COMMISSIONER TAYLOR: The Jaguar CAT system.
There we are.
CHAIRMAN McDANIEL: Specify the kitty.
COMMISSIONER FIALA: Well, there you go. That works.
COMMISSIONER SOLIS: Just an idea.
COMMISSIONER TAYLOR: Good.
MR. CANTER: So that's -- and we have a lot of examples of
what the branding looks like. It's not the wraps and the advertising.
It's much more of a tasteful brand integration.
COMMISSIONER TAYLOR: Thank you. Thank you for
that.
CHAIRMAN McDANIEL: We have one more question.
January 8, 2019
Page 68
Commissioner Fiala has been sitting here patiently waiting.
COMMISSIONER FIALA: First -- I have first a question for
you. Cleveland, Ohio, east side or west side?
MR. CANTER: Chagrin Falls.
COMMISSIONER FIALA: Okay. Thank you.
MR. THOMAS: I'm a west sider.
CHAIRMAN McDANIEL: Sorry about that.
COMMISSIONER FIALA: We're kind of conservative here as
far as our advertising signs go. You probably noticed that. We're
really conservative, actually, and we like it that way. And so when
you work with these people, they'll understand that they're not going
to have neon signs or 10-foot or 12 foot-tall signs or anything like
that, right?
MR. CANTER: Absolutely.
COMMISSIONER FIALA: Okay. Because that's going to be
important to me, anyway, on this dais to know that what we're doing
is a great asset for us but yet not a detriment.
MR. CANTER: Yeah. So when we did our evaluation, we
took into account your sign code and standards that have been used to
create the signage that is out there, and we don't want to go through
that sales process promising something that we know isn't ultimately
going to be.
So we spend a lot of time at the beginning of the process here to
do some mock-ups, to circulate those to show what it's going to look
like before we go and show a brand, hey, here's what it could look
like.
COMMISSIONER FIALA: Thank you. Thanks, Bill.
CHAIRMAN McDANIEL: Do you want to proceed on, or are
you complete? Any other questions, or do you want to see the
balance of his presentation?
MR. CANTER: I think, really, the last slide that's worth taking
January 8, 2019
Page 69
a look at here are some benchmarks. You'll note these benchmarks
are specific to the sports complex. So here are some benchmarks
of -- we probably did three-quarters of these ourselves, and some of
the others are just benchmarks that we found that are relevant
benchmarks based on the facility that is planned.
COMMISSIONER FIALA: Cranberry Township. I love that.
MR. CANTER: That's where PPG is based.
CHAIRMAN McDANIEL: That's down near Pittsburgh, in
that area.
MR. CANTER: Yep.
CHAIRMAN McDANIEL: So with that, I think, really, the
main thing that I've been able to ascertain from our comments is we
really don't want any consideration given to already named facilities
that are going to be undermining prior contributors, period, on
everything.
MR. CANTER: Yep.
CHAIRMAN McDANIEL: So, you know, I think, other than
that, we can move forward. Everything else is pretty well --
COMMISSIONER FIALA: So with that, I'll make a motion to
approve.
CHAIRMAN McDANIEL: Wait. It's been --
COMMISSIONER SAUNDERS: Let me ask a couple
questions, because I want to make sure there's some clarity on a
couple of things. I'm a little concerned about the fees. The -- you
know, the $7,500 a month and then 17 percent on -- I guess, on
contracts.
I was talking to Mr. Casalanguida. I have a gentleman that is
interested -- has already expressed some interest in -- just a local
citizen -- in naming some facilities there at a fairly high level. I
wouldn't want to take his contribution and pay a 17 percent
commission from somebody that's already committed.
January 8, 2019
Page 70
So I want to see how this all works in terms of who you bring to
the table, who we bring to the table, how that would work. If you
could give me some clarification on that.
MR. CANTER: Yeah. So we negotiated some very specific
language for you guys on that exact topic that I don't think you would
find in most of our arrangements.
So there's a few options. One, just to be clear, our contract is
not at all geared towards philanthropy or individual giving. Much
more geared towards brands and sponsorship and instances where
people would spend money where they expect an ROI on that money.
So that's just a kind of a differentiator that may take care of that issue
right off the bat.
The second thing is, in that specific language that we put
together with you guys, there's a reduced commission rate of
7.5 percent if we -- if it's somebody that you guys bring to us and
then -- but you want to then say, okay, handle this, bring it to a close,
monitor their contract on an ongoing basis, so on and so forth, there's
a 7.5 percent reduced.
COMMISSIONER SAUNDERS: If we chose not to utilize
your services for a particular contribution, someone wants to name,
you know, one of the ballfields after their family and it is pure
philanthropy, there's no financial gain or return on investment --
MR. CANTER: Yeah.
COMMISSIONER SAUNDERS: -- then we would simply
handle that; let you know what we've done.
MR. CANTER: Correct.
COMMISSIONER SAUNDERS: But unless we ask you to
specifically handle that type of a transaction, you would not get the 7
and a half percent fees?
MR. CANTER: Correct, correct.
COMMISSIONER SAUNDERS: Okay. I just wanted to
January 8, 2019
Page 71
make sure that we understood how the fees would work.
MR. CASALANGUIDA: And, Commissioner, I think when
we met with them, I think I said I've already written some letters to
some folks. I mean, Elon Musk. I said, if he writes back and I
bring him to you, do you get 17 or 7? He said, you bring that, it's 7.
And I think you've just clarified on the philanthropy it's zero; we'll
take care of it. So I think that works out good.
MR. CANTER: Yeah. I mean, what we want to try to avoid is
that we're out in the community selling, and we're selling against you
guys, of course, right?
COMMISSIONER SAUNDERS: We certainly don't want to
shortchange you at all. That's not my goal, but I just want to make
sure --
MR. CANTER: Appreciate that.
COMMISSIONER SAUNDERS: -- that it's clear, and I think
the County Attorney certainly will make sure of this, that on our
behalf -- we have a very generous community, and the Sugden Park
is a perfect example. The Sugdens just simply wrote a check. And
we'll have a lot -- we'll have a fair amount of that, I believe. So I
just want to make sure that we're not spending those dollars --
MR. CANTER: Paying a commission, yeah. We totally get
that.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN McDANIEL: Now I'll take your motion.
COMMISSIONER FIALA: I'll make a motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve the presentation and the list of propositions.
Any other discussions?
MR. CANTER: Thank you.
CHAIRMAN McDANIEL: All in favor?
January 8, 2019
Page 72
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
MR. OCHS: Thank you, Commissioners.
MR. CANTER: Thank you.
Item #11C
ACCEPT A REPORT DETAILING THE ACTIVITY MARKETING
EFFORTS IN THE FISCAL YEAR 2018-19 STRATEGIC
MARKETING PLAN FOR THE NAPLES, MARCO ISLAND,
EVERGLADES CONVENTION & VISITORS BUREAU -
MOTION TO ACCEPT REPORT – APPROVED
MR. OCHS: That takes us to Item 11C, and this is a
recommendation to accept a report detailing the activity marketing
efforts in the Fiscal Year 2018/2019 Strategic Marketing Plan for the
Naples/Marco Island/Everglades Convention and Visitors Bureau,
and Mr. Wert will make the presentation.
The Board will recall this is a follow-on direction from the
Board from the presentation of the annual marketing plan late in
2018.
MR. WERT: Correct. And I have the presentation up this
time. Very good. So we have some examples here since you
approved the marketing plan back in October.
This is a review of some things we've done since then, also a
few examples of things that we were doing prior to -- as part of last
January 8, 2019
Page 73
year's marketing plan. So this is going to address several different
areas, and we're going to begin with arts, culture, heritage, and
entertainment.
And what you'll see here are several different e-newsletters.
These are newsletters that we send on a monthly basis to a select
group of people depending on the type of activity that they're
interested in. So if they've expressed an interest in arts, for instance,
they will receive this newsletter because it -- the theme of it is arts
and culture.
In this case, back in October of '17, we were -- as part of an
e-newsletter, we were promoting the Naples International Film
Festival and then -- and Artis Naples, which NIFF is now a part of.
So there's an example of how we promote that. And the "learn
more" button takes you directly to the information about the Naples
International Film Festival, what the various performances are, where
they are, and so forth.
The next one here has a combination of different things. This
was a newsletter in November of '17. November is arts month in
Collier County, so we do call attention to the arts. We actually also
do it in February as well.
So at Artis Naples, November the 3rd was Madam Butterfly, and
the Charlie Daniels Band was another event that was happening at a
similar time. And also in tandem with that the Florida Panther
Festival was also a part of that.
So newsletters will talk about a primary theme, but it will also
indicate there are other things to do in Collier County as well. So
this was both nature and arts and culture.
This particular one talked about the Olde Florida Festival, our
annual festival that our museum folks put together, and that went to a
solid base of people who show interest in the heritage types of events.
But also, we also buy a list for every one of these as well. So we go
January 8, 2019
Page 74
to a list company who will give us specific names of people who are
also interested in arts and culture or heritage.
And so we will send this newsletter to them as well. They have
an opportunity to opt in and receive more information from us in the
future and subscribe to future e-newsletters, so that's what that "sign
up" button is at the bottom that takes you to a page where you can
sign up to get more of our e-newsletters in the future.
Here's February of '18. This is when we were talking about the
St. Patrick's Day Parade looking at some of the great culture
attractions in Collier County, and then the Naples Festival of the Arts
March 24th and 25th of last year.
This one talks more to Artis Naples but also gives kind of a
message that ties into our advertising campaign as well. As we've
shown you in the past, we're signing everything as "Love, Paradise."
So it's a little message about why you should come to the area and
signing it "Love, Paradise" like you would an invitation or a nice
little letter to folks.
And this one talks about Off the Hook Comedy Club, and we
will often feature specific partners in these newsletters that have
events that are specific to the theme that the newsletter is all about.
This one was the annual downtown Napes Art Festival, the
Marco Island Seafood Music Festival, and the Naples Craft Beer
Festival, which is really getting popular in our area as the craft beer
craze really continues to move.
This was July of 2018. This was the Children's Museum, and
they had a number of different projects, one of which was eco -- an
eco-directed project, and then we talked about the Naples Zoo as
well. Really very much family business. Summertime is the time
we're talking to families trying to bring families here to the area to
enjoy our great, warm summer climate.
We are a real friendly destination for pets, and so Dogs in the
January 8, 2019
Page 75
Garden fit so perfectly. Naples Botanical Garden has had this event
for a couple of years now, but it also gave us the opportunity to talk
about summer getaways here and showing the water park at North
Collier Regional Park. That's a way that we can really do different
types of activities related to what people like to do in our community
in one e-newsletter.
Facebook. And, really, most of our advertising these days is
digital, and that's what e-newsletters are and social media. Here's a
couple of examples of Facebook promotions. The first one on the
left is talking about the sites of Naples Botanical Garden. The next
one here is the Naples art district and the opportunity to tour the
different art exhibits and the art dealers and so forth. And the third
one, then, is the Gordon River Greenway which really connects a
number of our eco activities together along the Gordon River, giving
people some good information about that.
We've got a great opportunity that actually starts this month at
our Marco Island Museum, and that is bringing back the Key Marco
Cat and really all of the artifacts that were discovered on Marco
Island. The Marco cat is coming back from the Smithsonian, so it
made sense to tie in with Smithsonian Magazine and also their
companion website.
So in September and October of this past year, and also we've
repeated it in November and December, we called attention to the
fact that the cat was coming back to Marco along with all the other
artifacts, bringing them all together for the first time together in
many, many years. There's one of those pre-Columbian masks that
was also discovered on Marco Island; that's coming back as well.
Smithsonian.com was another way -- they have a very active
website, and Smithsonian really fits very well with our demographic,
the type of visitor that we're bringing to the area, so that partnership
worked very well.
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I just threw in a slide here of some of the results of that
campaign. This was just for the September/October. We were
getting really excellent click-through rates, well above the industry
averages, and so we're very, very pleased with how that was able to
kind of kick off that very, very important activity at the Marco Island
museum.
Eco adventure travel is one that's very important to us, and it's
one that really ties in not just the Everglades but every other
opportunity we have to showcase nature in our community, and we
have, obviously, a number of them. This was a July leisure travel
newsletter talking specifically to families about the many different
things we have to do. You see, again, another mention of the
children's museum programs there.
This one, as we're getting in the -- in that time of year, last
August, when we were really, really in the difficult times with red
tide, here was a newsletter that we put out, first of all, showcasing
that in October our pro watercross event was coming to Sugden Park,
but also an opportunity to just talk about the more serene part of eco
travel and the activities; gliding through the Everglades.
We also had an opportunity there to help one of our tourism
partners there, Pure Florida, that runs the tour boats out of Tin City,
and they had a special going that really called attention to inland
activities and, yes, water, because we're a water -based community,
but not talking about the Gulf of Mexico. Really talking about the
inland waterways and the great things to do in our community.
Here's another one, the same month, "dear water lovers." In
this case we're talking about kayaking in the inland waters, the places
that weren't affected at all by red tide, so it gave us an opportunity to
really tell that story that we really were not impacted as bad as you
might have heard from the national media.
Facebook, again. This was -- on the left-hand side you see the
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Naples Depot, our museum there, is -- has a really great exhibition
about the history of fishing in our community. And next to that y ou
see The Revs museum, a great opportunity to really have people
really understand the history of auto racing and many, many of the
cars that completed in European races over the years, and a mention
of our great now 37 artificial reefs off the coast of Naples and Marco
Island beaches.
Here is some additional Facebook posts related to -- this was a
backstage tour at the Naples Players during the Chicago presentation.
And the zoo, certainly a very important activity for, really, all of our
visitors, but certainly our children and our families in the area.
I want to just touch on sports marketing and some of the things
we've been doing with sports. In the fall of the year, we have the
opportunity to talk about golf. We have two professional golf
events, the LPGA final stop and also Greg Norman's shootout event,
so we talked about that and all the great other sports activities.
Talked about pickleball in the month of April, because that is
Pickleball Month here in Collier County. Talking about the grea t
facilities that we have at East Naples Community Park and the US
Open Championship.
This one combined several different sports. This was golf,
lacrosse. We had an absolutely fabulous lacrosse event this past
weekend at North Collier Regional Park. It was a showcase for
college coaches. So these coaches came in from all over the
country, stayed -- several of them were at the Ritz-Carlton I know for
sure. And this was an opportunity for them to see aspiring players
who want to go on to play lacrosse in college. Some great clinics
with those coaches. Just a great opportunity.
And you see on the bottom, then, another mention of
lacrosse -- excuse me -- the watercross event. And this was a
combination of the Collier Museum fishing exhibit, the Marco Island
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Boat Show, and the pro watercross event.
There's -- Southern Tropics Pickleball, those are the lead-up
activities that we have that come just before the US Open Pickleball
Championships calling attention to that. And this -- all of these are
posts to our fans on Facebook. We actually do put some dollars
behind some of these to boost these posts.
Again, the zoo, and the children's museum.
We just have completed a new sports flyer that will be used at
trade shows when we go to talk to event organi zers and an ad that
promotes that new planning guide.
And, finally, a list here of how the newsletters are going to go
out for the coming year. And you'll see that virtually all of these are
themed to activities, not necessarily going to the beach, but really
celebrating the holidays moving into the end of the year.
Food festival season in December. February fishing in the
Everglades. May, summer fun for families, pets in paradise in June,
water sports in July, and getting back into the fall food festivals again
next fall.
So it's very diverse. We are talking to many different diverse
audiences, people that like different types of activities. And these
e-newsletters, the social media, the digital media is all targeted very
specifically to these activities and people that enjoy doing them.
I threw in a couple of slides here just to show you a little bit
about what we've been doing post red tide. These are some banner
ads, and digital media. Our beauty extends far beyond the beach; it's
time to return to paradise, showing art scenes and shopping
downtown, and the dining scene is another activity.
These have been running for a while, and I will tell you based on
what I'm seeing in our statistics, we're finishing up the year a record
year again. So despite all the difficulties we've had, red tide,
hangover from maybe Irma and certainly another hurricane that went
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right up the Gulf of Mexico, we are still doing very well. Looks like
our tax collections will -- they've already set a record and -- this year,
highest ever. Visitation is up. Spending is way up, 4 percent over a
year ago, so we're pleased about that.
The final slide here is just I've put a breakdown of our
advertising media and how it's evolved over the last three years, and
you'll see here that in '19 we're taking a little different approach to all
of our advertising. We've had established markets for years. We
know this time of year we want to advertise in that Boston to
Philadelphia corridor, because it's cold. It's freezing up there. It's
snowing. It's raining. And those people like Florida, and they like
our destination, but we aren't going to spend as much in those
established markets.
You'll see here under leisure travel 60 percent of our advertising
budget is going to go toward growth markets. These are markets
that we've identified over the last few years. We've added. We're
not getting the same level of visitation from them that we're getting
from established markets.
So that's where we can see real growth. These are people that
know our destination, but we're going to give them more reasons to
come back.
COMMISSIONER TAYLOR: Where are these growth
markets, Jack?
MR. WERT: The growth markets would be places like
Minneapolis. It would be Columbus, Ohio. It would be Pittsburgh,
Pennsylvania. It's areas that we haven't been targeting as much.
And also these emerging markets, Commissioner, are another
opportunity. These are people that have been coming to our
destination -- we found this through Arrivalist, which I think we've
shown you, is a new tool we're using to really track people from the
time they first see one of our digital ads to the time they actually
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come here.
So we're going to put some -- about 10 percent of our budget
toward bringing those folks. They may have only been here to
attend a meeting, for instance, but we know they were here. So
we're going to target them and try to get them to come back, bring
their family for a vacation and so forth. So that's what we're doing
in leisure.
You'll see under the activity markets, we're growing that area,
almost double what we did in this past year, to all of those eco, arts,
culture, LGBT, the bridal, all of those niche markets, activity
markets, will get some new attention this coming year.
Sports and pro golf events is up a little bit, and that's because
we're putting more money into sports promotion right now because of
the new sports complex coming online. We've got to begin
preselling that right now. We've got to really be out there at least
introducing it to sports organizers.
The group meetings market continues to grow. We're up about
$25,000 over where we were a year ago. International market is
about the same. And, interestingly enough, in the European market,
we certainly are not the great bargain we used to be. The euro has
certainly -- and the dollar's been off, yet we continue to see record
visitation from those areas. They love their travel. So do the Brits.
You know, we hear about Brexit and all that and people aren't going
to travel from the UK anymore. I'm here to tell you they are, and
they are making their reservations.
I was just in London in November, talked to all the tour
operators. They're looking for a record summer this year. So, yes,
Brexit might change that, but we think that international will be
strong for us again this year, and they stay longer and spend more
money than domestic. So it makes sense to do that.
So that's an overview of the budget for this year. Adding a little
January 8, 2019
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bit more in the production this year because we need some new
video. We need some new photography. And as you see in this
picture, this is one from just the last photo shoot. We are using a lot
more diversity in our advertising. This is a photograph of a family.
And we've got all different types of body types and, you know,
same-sex couples. All of those types of things, those are markets
that we can really grow, and we want our advertising and promotion
and our videos to really sell that.
So that's the end of my presentation. Happy to answer any
questions you might have.
CHAIRMAN McDANIEL: Anybody have any questions?
Commissioner Taylor, anything to say?
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: I just -- my point, Jack, is, you
know, there -- I'm fairly new to this process, and I've had a difficult
time ascertaining what I perceive to be an enormous amount of
money being spent on advertising in relationship to those that are
already coming here and the documentation to ascertain whether or
not the monies that we're expending in advertising -- a lot of
these -- a lot of these Facebook posts that you put here had no hits,
necessarily, to be able to determine whether or not there was an
effective -- it was an effective methodology.
I would like for us to focus our energies on if there is a way to
ascertain -- rather than -- because you seem to go -- we're doing all
this over here, and my numbers are up. How do you know your
numbers aren't going to be up already because we live in paradise and
people are coming here in the first place?
MR. WERT: Okay. That's a very fair question, and it's one
that -- we know that 60 percent of the visitation every year is repeat
visitors. That's the best kind of visitor you want, because they're
already familiar with us, and they come here and they stay in hotels,
January 8, 2019
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and we get revenue, and they spend money.
The measure that I think is most important -- two things. First
of all, job growth in the community. We are showing job growth in
the hospitality and tourism sector every month and have for the last
five years. That means that there's demand for the destination. That
means there's new visitation, new people coming to the area, so we
need to grow the number of jobs in the tourism sector.
The second is the spending, and when we look at direct
spending, we see direct spending in not just hotels but also
restaurants, and virtually anyplace that residents spend money,
visitors do, too. That's up 4 percent over a year ago.
One thing that we can help to answer your question is,
Facebook, for instance. We can measure, and we do measure, every
single month -- and I didn't put a lot of measures in here other than
the one on Smithsonian, but it's engagement that you really want in
social media. It's are we talking back and forth to people?
One thing that we've seen a tremendous growth in is the number
of people who are sharing their photography and their video of their
experience here with us, and you'll see on our website home page
there's a whole -- it changes every day the photography that people
are contributing to us. That's the kind of information that a potential
visitor is looking for. What are other people saying about the
destination?
So it's not so much that they're talking to us, but they're talking
to each other. So a Facebook post from one of our events, for
instance, and then we can track the engagement, and we can -- I'd be
happy to share some of those reports with you of how -- the players,
for instance, at this lacrosse event last Sunday, they're sharing with
other lacrosse players across the country about what a great
destination this is. The coaches are doing the same thing.
So we'll be happy to show that. It's not hits anymore. It really
January 8, 2019
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is engagement and are you talking back and forth and are they talking
to other people about our destination, and we've got statistics for that.
CHAIRMAN McDANIEL: Let me be very clear. I've lived
here for 37 years, and I have -- and we are the destination
community. We are predominantly a resort community. And
excess spending, ancillary dollars comes from overall economic
circumstances across the United States. And just because we have a
4 percent increase in spending doesn't necessarily mean and warrant
the advertising expenses associated with it.
So what I'm looking for, what I would like to see going forward,
is if it is -- if it is possible, as close approximation to a rate of
return -- it was talked to us about in the prior presentation. A rate of
return on the expenditures that we're, in fact, doing. Not a
magnanimous increase in overall expenditures in restaurants and so
ons and so forth. And it's nice that -- again, because I use social
media in my private life. It's nice that people are talking amongst
themselves about a particular venue and those sort of things, but I
want to see that our efforts are, in fact, those -- the ones that are being
engaged, not just us -- because we're already here, and that's where --
MR. WERT: I understand.
CHAIRMAN McDANIEL: And I'm not arguing. I'm not
throwing any rocks.
MR. WERT: I understand.
CHAIRMAN McDANIEL: I'm not making -- I just want
specificity so that we can put a rate of return on that investment,
because as you all know, we're moving hard and fast into budgetary
constraints that are coming from every single direction.
MR. WERT: We understand.
CHAIRMAN McDANIEL: And so we're spending our money.
I want to make sure that we're deriving the highest rate of return
possible.
January 8, 2019
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MR. WERT: All right. And every quarter we do give you that
report, the return on investment. It's coming for the fourth quarter
pretty quickly.
But in the meantime, we'll beef up that --
CHAIRMAN McDANIEL: Again, I don't want you to take
offense --
MR. WERT: No.
CHAIRMAN McDANIEL: -- or be defensive with me. And
two of my colleagues have more questions for you. I just wanted to
be very specific about my point.
Commissioner Fiala, you were first.
COMMISSIONER FIALA: Sure. So as you ask that question
and as Jack is dealing with that, one of the things I learned while I
was sitting on the TDC was the sports, for instance, and that's the
biggest thing I started to learn about. So people are coming in. It's
not because TDC has said we're going to have pickleball games,
although that helps, of course, but they send out things already for
people to sign up to come to the pickleball -- pickleball games and
everything.
What I didn't realize and learned while sitting on the TDC the
people that come to watch pickleball, they don't watch pickleball all
day long, nor the people who come to play it do not. They want to
get away, but they don't want to go to the beach. They're not beach
people. They like to go shopping. They like to go out to eat and so
forth, see the sites.
So that advertising then tells them where they can go as long as
they're here. So I think it's an asset, and I didn't know that when I
started.
Thank you.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: Yeah. And I can respect your
January 8, 2019
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concerns, and I've had the same, but I've learned that it's not a
one-to-one correlation with advertising. And I don't need to tell you
that.
CHAIRMAN McDANIEL: No, ma'am.
COMMISSIONER TAYLOR: And consider this: After the
fall that we went through and a 20 percent drop in occupancy in the
hotels, in one event FBU booked 3,000-plus rooms in Collier County;
3,000. They were on national television. It's a -- because they bring
the teams from all over the country, they market it all over the
country. So all of a sudden this incredible weather we had until the
final day was broadcast everywhere. And, again, it is -- you know
what, people are on the beach. It may not be so bad.
So there's this -- it's not subordinate, but there's this ancillary
kind of texting to parents and texting to relatives and things that go
on about what a great time you had, and suddenly the brand of Naples
is confirmed, and it was certainly that week for nationals.
So we always have to discuss advertising, and I'm glad we're
doing it, and I'm sure we'll have a conversation. When is the
contract up? Is it up in October of this year or --
MR. WERT: The advertising services contract is up September
of this year.
COMMISSIONER TAYLOR: Of this coming. Of this year.
Not this coming.
MR. WERT: Yes, we'll be re-soliciting that, yes.
COMMISSIONER TAYLOR: All right. Thank you.
CHAIRMAN McDANIEL: Appreciate the point.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: Then I'll call for a motion for
acceptance of Sir Jack's report; a good one, by the way.
MR. WERT: Thank you, sir.
January 8, 2019
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COMMISSIONER FIALA: And I'll make that motion to
accept.
COMMISSIONER SOLIS: I'll second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we accept the report. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
Item #11D
THE TOURIST DEVELOPMENT COUNCIL’S (TDC) REQUEST
TO HAVE THE BOARD DIRECT THE COUNTY MANAGER TO
RESEARCH THE IMPACT OF SHORT TERM VACATION
HOME RENTALS IN COLLIER COUNTY, HOW OTHER
COUNTIES IN FLORIDA ARE ADDRESSING THIS ISSUE, AND
BRING BACK A REPORT TO THE TDC AND ULTIMATELY
BACK TO THE BOARD WITH RECOMMENDATIONS FOR
FURTHER ACTION - DISCUSSED; COUNTY MANAGER TO
RESEARCH AND RETURN TO THE BOARD WITH
RECOMMENDATIONS – APPROVED
MR. OCHS: Item 11D is a recommendation to consider the
Tourist Development Council's request to have the Board direct the
January 8, 2019
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County Manager to research the impact of short-term vacation home
rentals in Collier County, including how other counties in Florida are
addressing this issue, and bring a report back to the TDC and
ultimately to the Board with recommendations.
MR. MILLER: Mr. Chairman, I have two speakers on this
item.
CHAIRMAN McDANIEL: Would you like to hear the public
speakers first, or would you like to go?
COMMISSIONER TAYLOR: I'd like to go just to kind of cut
to the chase here.
CHAIRMAN McDANIEL: Proceed.
COMMISSIONER TAYLOR: Our County Attorney has said
we can -- in our meetings, pre-meetings, that we can do something
about the vacation rentals.
Staff, yesterday, also told me that we are prohibited by court or
Supreme Court or something that happened with state law that says
you can regulate it but you can't prohibit it because having a guest in
your home is considered okay, whether it's a paying guest or not.
MR. KLATZKOW: You've got zoning laws that I believe are
enforceable in certain areas of the county against this practice. What
you cannot do at this point in time is enact a new law dealing with
this practice. That you're preempted from. But there was a
grandfather clause in the preemption act, and the zoning laws that
you have predate that date.
COMMISSIONER TAYLOR: So it becomes an issue of
enforcement?
MR. KLATZKOW: The issue that -- one of the issues the
Board's going to have to discuss is do you want to enforce it.
COMMISSIONER TAYLOR: Oh, I do.
CHAIRMAN McDANIEL: So having said that, Commissioner
Saunders, you want to go first, or do you want to hear the public
January 8, 2019
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speakers?
COMMISSIONER SAUNDERS: Yeah. I'd like to hear the
public speakers.
CHAIRMAN McDANIEL: Okay. Let's move on to our
public speakers then.
MR. MILLER: Mr. Chairman, your first public speaker is
Linda Witham. She will be followed by Doriel Hess.
MS. WITHAM: Hi. My name is Linda Witham. I live in
Lely Resort in a development called Falcons Glen. We are a small
neighborhood of 87 single-family homes. Of these 87 homes, 29 are
being used as nightly and weekly rentals. That's one-third of our
entire neighborhood.
Many are owned by corporations as investment properties or by
individuals who own multiple rental properties and have no intention
of ever actually living in our neighborhood. The point I'm trying is
to make is this is not just one or two homes scattered here and there.
It's already a substantial portion of our neighborhood.
I feel that soon our entire neighborhood will only be short-term
rentals because no seasonal or annual potential owners will be
interested in buying a property in a neighborhood with so many
rentals.
The impact on our neighborhood is significant. Obviously, you
never get to know your neighbors. It's detrimental to the appearance
of the neighborhood. The houses are not painted very nicely.
Landscaping is minimal. When a renter leaves, they put the trash
cans out regardless of what day of the week it is. No one ever comes
to put the trash cans away, so they stay out indefinitely. And it feels
very unsafe to us because we have no idea who's coming and going
and for how long.
Under the Lely PUD, my neighborhood is zoned residential.
The only two places in Lely Resort that are zoned for transient
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lodging are GreenLinks and the new hotel that is being built.
We have been to Collier County Code Enforcement. Initially
they were very helpful. They advised us to file a violation when we
were aware of a short-term rental. They also sent a letter to our
HOA board of directors advising that Falcons Glen was consistent
with the Lely PUD and had initiated a prohibited use land-use
violation within the Lely Resort master plan by way of changing the
character of a quiet residential neighborhood to a transient lodging
use.
The HOA board chose to ignore the letter from Code
Enforcement, and we were subsequently told by Code Enforcement
to not file any more violations because the County Attorney had
advised that the ordinance was unenforceable.
So I urge you to approve the Tourist Development Council's
request to research the impact on short-term rental vacation homes in
Collier County. Please include mortgage brokers and the real estate
industry, as I believe the impact on property values is significant.
Thank you for your time.
CHAIRMAN McDANIEL: Thank you.
MR. MILLER: Mr. Chairman, your final speaker on this item
is Doriel Hess.
MS. HESS: I'm also a neighbor of Linda's, so I don't want to be
too repetitive, but we really need your help. We need you to support
the District Attorney and enforce some kind of prohibition against
short-term rental.
We really cannot fight these people. VRBO, they have deep
pockets, that sort of thing. But think about it, would you want to live
in a neighborhood where everyone around you is a renter and people
are coming and going? That's not Naples as I know it. I mean,
maybe it's Miami, but I didn't want to move to Miami.
But you can start commissions, you can have them investigate,
January 8, 2019
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but the bottom line is, you people are going to be the ones that are
going to have to say enforce some kind of a stoppage of rentals,
whether it's monthly rentals or a certain number of times a year. But
something is going to have to get done, because this could happen to
any neighborhood. So thank you for your time.
CHAIRMAN McDANIEL: Thank you very much.
Commissioner Saunders.
COMMISSIONER SAUNDERS: I've got a couple questions
for the County Attorney. And while I'm asking those, I'd like staff to
kind of consider -- because I'm going to ask them this question
also -- is what kind of costs are we estimating for this type of a study.
But, Mr. Attorney, you said in your opening comments that
there are some things -- we do have an existing ordinance and that
there are some areas where short-term rentals are prohibited in the
county. Can you elaborate on that?
MR. KLATZKOW: Yeah. More to the point, we have certain
areas in the county where these types of activities are permitted.
COMMISSIONER SAUNDERS: Where they're permitted?
MR. KLATZKOW: They're permitted. The other areas of the
county, residential, it's my strong belief that they're not permitted.
Having said that, this has been going on in Collier County forever,
this type of activity. The problem is that it has snowballed in the last
six months. It has gone from being the occa sional issue in a
neighborhood to being -- homes are being bought up one by another
in these neighborhoods. It's just snowballed.
And so what was something that Collier County has lived with
for decades has suddenly transformed into something else with t he
Airbnb type technology.
COMMISSIONER SAUNDERS: Okay. Well, again, to the
question: You say that there are certain areas where these are
prohibited. Could you kind of elaborate what our ordinance says
January 8, 2019
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where --
MR. KLATZKOW: The ordinance allows residential. So you
might have, like, RSF-4 zoning which allows residential use in an
area. It does not allow this type of use, this type of transient renting.
COMMISSIONER SAUNDERS: Okay. What I would like --
MR. KLATZKOW: That use is allowed in parts of the county,
but it's allowed -- it is not allowed in your typical residential
community.
COMMISSIONER SAUNDERS: Okay. What I'd like to get
the Commission to focus on is I don't think there's any issue that's
more important to a neighborhood than code e nforcement and this
particular issue as well.
COMMISSIONER TAYLOR: Here, here.
COMMISSIONER SAUNDERS: And the State has done local
governments no favors in terms of dealing with this issue. We're
absolutely prohibited from certain types of regulation.
And as the County Attorney said, we can't adopt a new
ordinance that prohibits these. But we have an existing ordinance
that prohibits this type of activity in certain areas. What we need to
do, I believe, is beef up our Code Enforcement activity to crac k down
on short-term rentals in areas where, under our existing ordinance, it's
prohibited. I think that that's the first approach.
Second issue is that if there's a code violation, the code violation
is to the person that is in the house at the time that the code violation
occurs. So, for example, if there's too much noise late at night or
other code violations, too many cars parked in the driveway or in the
yard.
I believe -- and if this is not correct, then we should change this.
I believe that we can also cite the property owner for those code
violations. And if we can't, we need to amend the ordinance to
provide that the actual violator of the code, which is the short-term
January 8, 2019
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renter, and the property owner are responsible for code violations.
You start getting $500-a-day fines on properties where these
types of rentals are permitted, that will certainly crack down on the
code violations.
So my request or suggestion is that we direct our manager to let
us know what kind of code enforcement enhancements we need in
order to go after these folks.
The third thing is -- and I've brought this up a couple times over
the last two years -- I want to make sure we're collecting every penny
of tourist taxes and sales taxes on those short-term. And I know the
Property Appraiser, I think, has been working on this issue. I
haven't seen the results of what the Property Appraiser's doing, but
we need to urge the Property Appraiser to take all steps necessary to
collect all those taxes.
And in terms of what we are permitted to do, I believe we are
permitted to adopt enforcement provisions; as long as we apply those
same provisions to homeowners as well as short-term rentals, we can
still regulate to some extent. So I think we need to ask our staff
what types of regulations do we need to apply across the board to all
homeowners that can apply to those rentals.
MR. KLATZKOW: But that's what the executive summary's
asking; for the Board's permission to come back with all these
alternatives as well as -- and my understanding would be staff would
say this community does this, that community does that, and give the
Board, sort of, options.
COMMISSIONER SAUNDERS: Then one last comment. In
terms of -- the question in terms of cost, you know, it's one thing to
analyze what is the impact of this, and we can certainly do that. We
can determine what that cost is. But the real issue is what can we do
about this. And, you know, that report of what's the impact on our
tourist industry, that would be nice to know. But if we're going
January 8, 2019
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to -- I don't want to spend a whole lot of money to get that answer
because there's nothing we can do about it other than what we just
outlined.
MR. KLATZKOW: This is a very complex issue,
Commissioner.
COMMISSIONER SAUNDERS: The question that I had, then,
for staff is, what kind of expense are we talking about? Because I
don't want to spend a whole lot of money getting information that is,
quite frankly, going to be interesting but useless to us.
MR. WEEKS: Our plan is to use staff to compile this
information. There's a lot of studies already out there. We want to
pull all those together. We will poll other communities, what they're
doing. Maybe get copies of ordinances if they've done it so that you
can kind of -- County Attorney can kind of see what others have
done. We don't anticipate that this -- other than staff time, that there
is a cost.
COMMISSIONER SAUNDERS: Okay. Great. Thanks.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yes. Well, I am in total
agreement with everything that you said, and I do believe that we
have to quickly get the study going and move forward with it.
Meanwhile, if we have Code Enforcement going out, we've -- I don't
know how many warnings you can give or how much education you
can give before you start giving tickets. They're going to -- you
know, those people don't live here anyway. They don't really much
care what kind of education they get. I think that we need to have a
heavier hand when you come to Code Enforcement as well.
I've gotten calls, actually one from Lely Resort. Some guy
called me and he said, you know, well, I purposely bought four units
to rent out. And he says, I'm not going to live there myself, but I
want to rent those things out. You're affecting my income.
January 8, 2019
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And I said, you're affecting the people in the neighborhood.
And he didn't like that very much, but that's exactly what's
happening. Nobody ever considered anything like this before. This
is very unusual.
And as we have it hitting our community, I think that we need to
quickly and surely find out what is actually happening and what we
can do about it, and we need to move forward in putting rules in
place, and then there has to be some kind of punishment for it.
CHAIRMAN McDANIEL: Right.
COMMISSIONER FIALA: So, I mean, you have to move
forward.
CHAIRMAN McDANIEL: Commissioner Taylor.
COMMISSIONER TAYLOR: One thing that you can do so
you don't feel so helpless is that when you identify a house that is
being used on a weekly or nightly basis, you call the Property
Appraiser; you give him the address. He has to pay taxes on the rent
that they get from that. The Property Appraiser needs those IDs.
COMMISSIONER FIALA: The Property Appraiser or Tax
Collector?
COMMISSIONER TAYLOR: Tax Collector, excuse me.
UNIDENTIFIED SPEAKER: We can definitely do that.
COMMISSIONER TAYLOR: There's a way of, you know,
assailing (sic) it in a very grass-roots level, because no one knows
your neighborhood better than you.
The other thing, what's happening on a state level? I mean,
Commissioner Saunders, where is the state? And if there's anything
that we need to join with other counties on, it's this issue.
COMMISSIONER SAUNDERS: Well, that's a good question.
For the last several years, this has been a big issue in Tallahassee.
The short-term rental industry has pretty much had their way, I think,
over the years. I don't know of anything that's coming up. But
January 8, 2019
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there's been a big change in Tallahassee, I think, with this recent
election and some new folks coming in, so there may be a better
understanding of the needs of local government than there has been
in the past several years.
And so we can certainly talk to our lobbyist about what's
coming, but I don't think we can rely on anything positive from
Tallahassee. We do have certain things we can do right now, and I
think we've kind of outlined what those are, and I think we need to
proceed. But at the same time we can get our lobbyi st to work on
that issue. But I wouldn't be at all optimistic that there's going to be
any significant changes.
The short-term rental industry has tremendous clout in
Tallahassee.
COMMISSIONER TAYLOR: I would think the Ritz -Carltons
of our community and hoteliers would have; so short-term is stronger
than they are?
COMMISSIONER SAUNDERS: They've had their way for
years now.
MR. WERT: And I might add that our Florida Restaurant and
Lodging Association, we have a local chapter now that is our lodging
association, and they very definitely have a loud voice. So we've got
that connection now in Tallahassee that I think will help,
Commissioner, to at least get our point of view out there as well, so...
COMMISSIONER TAYLOR: Well -- and, again, I think you
could probably talk to perhaps -- what, 67 counties, maybe 60 of
them would agree --
MR. WERT: Oh, yeah, they do.
COMMISSIONER TAYLOR: -- and pressure. I mean, that's
political.
COMMISSIONER SAUNDERS: The counties have all been
united with the cities --
January 8, 2019
Page 96
MR. WERT: We sure have.
COMMISSIONER SAUNDERS: -- trying to keep the
legislature from doing what it's done. That's why I say, you know,
there's a tremendous amount of pushback against permitting the
short-term rentals to do what they've done. That pushback has not
worked in Tallahassee. And I would not be optimistic that there's
going to be a significant change.
CHAIRMAN McDANIEL: I would agree with that.
COMMISSIONER SAUNDERS: But I do think we have some
ability to use Code Enforcement to enforce the ordinance that we
have.
MR. KLATZKOW: And I would just say that I would like for
this to come back before we do that because I would be expecting a
big pushback from some of these larger companies on this, and I'd
like to lay a foundation before the Board and have legislative findings
before we come down with the hammer.
COMMISSIONER SAUNDERS: Can we do that pretty
quickly, at our next meeting?
MR. KLATZKOW: It's as quick as I can get you the report,
Commissioner.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: I would just add, because this
comes up, I think -- it has come up every time that I've been to speak
in Naples Park. We're going to get a lot of pushback here from, I
think, a lot of seniors that this is their livelihood; this is the way they
pay their bills. I mean, this is an issue that -- and I'm not saying it's
good or bad. I'm just saying, the reality of it is there are a lot of
seniors that live off of rental income, and we should expect this
serious pushback, because I hear it, especially in Naples Park. And
it might be -- I might be going out on a limb and saying it's even a
bigger problem in Naples Park because of the proximity to the beach.
January 8, 2019
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It is going to be a controversial issue because there's a lot of
people that rely on it.
CHAIRMAN McDANIEL: Commissioner Fiala.
COMMISSIONER FIALA: Yeah. I wondered one other
thing. So say, for instance, you live in a condominium right on the
beach. Can you put your condominium in this short-term rental
business and keep turning them over and over?
COMMISSIONER SAUNDERS: The one thing the legislature
has not been able to do is impact any existing condominium rules and
regulations or HOA rules and regulations. Those are enforceable.
So you shouldn't have -- if there's a condominium on the beach that
has rules that control their rentals, there shouldn't be any problems in
those.
COMMISSIONER FIALA: As long as they have rules in
place.
COMMISSIONER SAUNDERS: Yeah. And I think they all
do.
COMMISSIONER FIALA: Oh, do they?
CHAIRMAN McDANIEL: As a general rule, they do.
And I think we're on the proper path here. I mean, we all
believe there's an issue. We all know there's an issue, and there are
people who we haven't heard from yet either. I mean, we have
private property rights. We have people who derive income from
these. We have property owners who require and need protection.
And I think a fact-finding mission, which is basically what's being
proposed here for us to go out and hear what other municipalities are,
in fact, doing both positively and negatively, will allow us to be
better able to make an appropriate decision with what we do.
So I'll call for a motion.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER SOLIS: Second.
January 8, 2019
Page 98
CHAIRMAN McDANIEL: It's been moved and seconded that
we move forward as proposed by staff. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: Now I have a question for my
colleagues, because it's all of two minutes to 12, and we have one
other agenda item. You want to take a quick break and gi ve Ms.
Terri a minute to rest her fingers. And then we'll come back and
finish up? And we'll be back at -- 15 or 10?
COMMISSIONER FIALA: Ten.
CHAIRMAN McDANIEL: 12:10 we'll be back.
(A brief recess was had.)
CHAIRMAN McDANIEL: I asked Commissioner Fiala if she
wanted 15 or 10, and she said 10, so here we go.
All right, folks. Here we are.
Item #12A
RESOLUTION 2019-12: APPOINT SEVEN MEMBERS TO THE
COLLIER COUNTY INFRASTRUCTURE SURTAX CITIZEN
OVERSIGHT COMMITTEE - ADOPTED: DISTRICT #1 -
APPOINTING JACOB WINGE – APPROVED, DISTRICT #2 –
APPOINTING STEPHEN OSBORNE – APPROVED; DISTRICT
#3 – APPOINTING RONALD A. KEZESKE – APPROVED;
January 8, 2019
Page 99
DISTRICT #4 – APPOINTING JUSTIN LAND – APPROVED;
DISTRICT #5 – APPOINTING BETH ROZANSKY – APPROVED;
AT-LARGE – APPOINTING JULIANA MEEK – APPROVED;
AT-LARGE – APPOINTING SCOTT LEPORE – APPROVED;
ALTERNATES – APPOINTING JIM DELONY – APPROVED
AND ALTERNATES – APPOINTING JANIE ANDERSON –
APPROVED
MR. OCHS: Commissioners, that moves us now to Item 12
under County Attorney's Report, 12A. This is a recommendation to
appoint seven members to the Collier County Infrastructure Surtax
Citizens Oversight Committee and, Commissioners, before you begin
your selection process, I need to advise you of one change, and that is
that applicant Ann Marie Ricardi, who's an applicant in the District 5
column, needs to be disqualified from the list as she is currently
employed by the City of Naples, so the County Att orney has
requested --
COMMISSIONER TAYLOR: Because it sounds so mean,
it's -- not only are you disqualified, honey, but you're also director of
finance for the City of Naples. That's the balance.
MR. OCHS: Well, the good news is she'll be getting abou t $10
million a year to work with.
COMMISSIONER TAYLOR: Yeah. She needs to worry
about that.
MR. OCHS: That's right. I think she'll make that trade any
day.
COMMISSIONER TAYLOR: I think so.
CHAIRMAN McDANIEL: I think the most prudent way,
unless you guys have a different idea to go through, we'll just go
individually by district, and the commissioner make a nomination
from their district selections, and then we'll put up two at large and
January 8, 2019
Page 100
let's go.
COMMISSIONER TAYLOR: Duke it out.
CHAIRMAN McDANIEL: No, there's no duking.
COMMISSIONER TAYLOR: I'm teasing.
CHAIRMAN McDANIEL: Okay. Commissioner -- District
1. Commissioner Fiala.
COMMISSIONER FIALA: Yes. I'm going to nominate Jacob
Winge.
CHAIRMAN McDANIEL: Jacob Winge is her selection. Do
I hear a second?
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: It's been moved and seconded that
we appoint Jacob Winge for District 1.
All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So moved.
District 2.
COMMISSIONER SOLIS: Stephen Osborne.
CHAIRMAN McDANIEL: Second?
COMMISSIONER SAUNDERS: I'll second that.
CHAIRMAN McDANIEL: It's been moved and seconded that
we point Stephen Osborne for District 2. Any discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
January 8, 2019
Page 101
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: District 3.
COMMISSIONER SAUNDERS: Ronald Kezeske.
COMMISSIONER FIALA: Second.
CHAIRMAN McDANIEL: It's been moved and seconded we
appoint Ronald Kezeske for District 3. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: District 4.
COMMISSIONER TAYLOR: Justin Land.
CHAIRMAN McDANIEL: How about a second?
COMMISSIONER SOLIS: Good choice, by the way.
CHAIRMAN McDANIEL: Commissioner Solis is seconding
your promotion.
COMMISSIONER SOLIS: Yeah. We get some young people
on here. This is good.
CHAIRMAN McDANIEL: It's been moved and seconded
Justin Land be appointed for District 4. Any other discussion?
(No response.)
January 8, 2019
Page 102
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: And I'd like to propose Beth
Rozansky.
COMMISSIONER TAYLOR: Good job.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER TAYLOR: Second.
COMMISSIONER FIALA: Is she the one, the airport director
for City of Naples?
COMMISSIONER TAYLOR: No.
CHAIRMAN McDANIEL: No. Her husband's Chris.
She's --
COMMISSIONER FIALA: That's all right. I was just --
CHAIRMAN McDANIEL: Okay. As far as I know, no. It's
been moved and seconded, Beth Rozansky for District 5. Any other
discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
January 8, 2019
Page 103
CHAIRMAN McDANIEL: So there you go.
COMMISSIONER SAUNDERS: Mr. Chairman?
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: Can I make a comment?
We're getting ready to do the at large --
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: -- where we're going to
have -- I assume we're going to have some debate and different
names that will pop up. I wanted to suggest, there's one gentleman
that I'd like to suggest because he's very active in the Republican
party and very much opposed to the tax but someone who would be
very helpful in making sure that it's all spent the right way, and at
least it's got the opposition folks involved in the process. So when
we get to asking for names, I've got a name that I want to suggest that
would fit that category. So I just wanted y ou to understand the logic
behind that.
COMMISSIONER SOLIS: Besides Ron?
CHAIRMAN McDANIEL: Besides Ron. I mean, the one you
appointed was --
COMMISSIONER SAUNDERS: I was going to suggest Scott
Lepore as well --
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SAUNDERS: -- who is very active in the
Republican party.
CHAIRMAN McDANIEL: Oh, I'm calling for at large
appointees or nominations at this stage, so if you want to go ahead
and make Mr. Lepore your first --
COMMISSIONER SAUNDERS: I'll make that moti on.
COMMISSIONER FIALA: Scott Lepore? Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
we approve Scott Lepore at an at large seat. Any discussion?
January 8, 2019
Page 104
COMMISSIONER TAYLOR: Yeah. Let's -- if you don't
mind, let's just put the nominations up to see, because if we get rid of
one, then we only have one left. So if we can do it that way, I'd
appreciate it.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: So there's a nomination of
Mr. Lepore. I'd like to nominate Mr. Nappo.
COMMISSIONER FIALA: Who?
CHAIRMAN McDANIEL: Frank Nappo.
COMMISSIONER SOLIS: Frank Nappo.
COMMISSIONER FIALA: Go ahead.
COMMISSIONER SOLIS: I'm sorry. I was going to
nominate Jamie Anderson, diversity.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER FIALA: I was actually going to nominate
two, so I'll throw in both of them. One of them is Jim DeLony, who
used to work here at the county, and the other one is -- I'm going to
tell you in just a minute. It's Adam Peterson. Adam Peterson is a
teacher.
COMMISSIONER TAYLOR: And I'll throw in another name,
because I think I can. I would like to nominate Juliana Meek. She
was an ardent --
COMMISSIONER FIALA: Oh, she's good, too.
COMMISSIONER TAYLOR: -- and vocal opponent, very
bright young woman within the City of Naples who's father spoke on
numerous occasions about this issue. And I think she would
be -- she would fill the role, and she's a woman, and I think we need
to have that balance.
COMMISSIONER FIALA: We don't have any other women.
COMMISSIONER SOLIS: Jamie.
COMMISSIONER TAYLOR: We do.
January 8, 2019
Page 105
CHAIRMAN McDANIEL: Beth Rozansky and Jamie --
COMMISSIONER TAYLOR: Beth Rozansky, and then Jamie
is a nomination, correct?
COMMISSIONER SOLIS: Yeah. I would second Jim
DeLony.
CHAIRMAN McDANIEL: Let's just -- and I have -- I would
like to appoint -- nominate Annette Kniola --
COMMISSIONER TAYLOR: Annette Kniola.
CHAIRMAN McDANIEL: -- as an at large seat and Denise
Murphy, since we're on the -- since we're on the -- since we're on
that, Denise Murphy.
COMMISSIONER TAYLOR: Where's Denise Murphy?
CHAIRMAN McDANIEL: She's in your district, actually.
COMMISSIONER TAYLOR: She's in my district?
CHAIRMAN McDANIEL: Yes, serves on the
affordable -- number two on your list right underneath Juliana.
COMMISSIONER TAYLOR: Oh, okay. Got it.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER FIALA: Well, I like the second for Jim
DeLony. I think that would be great.
COMMISSIONER TAYLOR: Okay. So --
CHAIRMAN McDANIEL: So I've got a list here. Let me
revisit the list and make sure everybody -- the list -- and then after we
agree on this list, we'll close the nominations for the at large seats and
then we'll whittle it down to two; how about that?
So I've got Scott Lepore, Frank Nappo, Anderson, Jim DeLony,
Adam Peterson, Juliana Meek, Denise Murphy, and Annette Kniola.
COMMISSIONER FIALA: You know what, there are a whole
list of great people.
CHAIRMAN McDANIEL: Oh, my goodness. Everybody on
the list is qualified. You know, I had to flip a coin.
January 8, 2019
Page 106
COMMISSIONER FIALA: Every one of them. How can you
say no?
COMMISSIONER TAYLOR: I was going to ask you if
everybody agree that we go through this on a monthly basis, and
every month we nominate someone new because there's so much
talent here.
COMMISSIONER FIALA: Yeah, there sure is.
CHAIRMAN McDANIEL: I think -- let's -- at this stage let's
just go ahead and close the nominations. I mean, we've got a
sufficient list here to pull from. Basically, everybody's nominated at
least one or two people. It would have been one, but Commissioner
Fiala started out with two, so everybody got on the bandwagon.
COMMISSIONER FIALA: It's all right.
CHAIRMAN McDANIEL: So with that --
COMMISSIONER SAUNDERS: This is going to be
interesting to see how we do this.
COMMISSIONER SOLIS: Yes.
COMMISSIONER SAUNDERS: Maybe one thing to do
would be those who nominated two people, if we could -- if you
could narrow that down to one.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Because you're going to
have to anyway at some point. And I know that's going to be hard,
because you just nominated two people, but we've got eight folks,
and we have to whittle the list down a little bit here.
COMMISSIONER TAYLOR: I don't like that at all. I don't
like that idea at all, choosing.
COMMISSIONER SAUNDERS: I know you don't.
COMMISSIONER TAYLOR: Because I nominated, and now I
have to say no to one.
CHAIRMAN McDANIEL: Well, we got to say no to a whole
January 8, 2019
Page 107
bunch when we appointed the first ones.
COMMISSIONER SAUNDERS: Six of them.
CHAIRMAN McDANIEL: Exactly.
COMMISSIONER FIALA: As much as I would love to have
both of mine on that list -- on the list, I will go with Jim DeLony.
CHAIRMAN McDANIEL: Okay. We'll put a star by Jim
DeLony. And you want to keep Scott Lepore. You only had one
appointee.
COMMISSIONER SAUNDERS: I only have one.
CHAIRMAN McDANIEL: Let's -- and I'll go ahead and
withdraw Denise Murphy, she already serves on our Affordable
Housing Committee, and leave Annette Kniola.
COMMISSIONER SAUNDERS: And I would suggest, just as
a thought, Jim DeLony would be great on the Productivity
Committee, but I'll just plant that seed.
CHAIRMAN McDANIEL: Eventually, yeah, sure.
COMMISSIONER SAUNDERS: But, anyway.
CHAIRMAN McDANIEL: I don't think we have any
vacancies on the Productivity Committee at the minute, so that's been
a pretty active committee.
COMMISSIONER TAYLOR: Okay. So --
COMMISSIONER FIALA: Good.
COMMISSIONER TAYLOR: I nominated Frank Nappo and
Juliana Meek. And I think for the reasons of having another woman
on the committee, I think --
CHAIRMAN McDANIEL: We'll withdraw Mr. Nappo?
COMMISSIONER TAYLOR: Yes, yes.
CHAIRMAN McDANIEL: But he's the chair of the CRA as
well.
COMMISSIONER TAYLOR: He's got a lot going on.
CHAIRMAN McDANIEL: He does. So -- and then we have
January 8, 2019
Page 108
Peterson and Anderson are the two out there that were appointed.
COMMISSIONER SOLIS: I mean, Jamie Anderson's been
very involved in the community. She's -- I think we need some
diversity.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SOLIS: I'll put a star by her. And who
nominated Adam Peterson?
CHAIRMAN McDANIEL: I wrote down the name.
Somebody did.
COMMISSIONER FIALA: Say that again.
COMMISSIONER SAUNDERS: Yeah, that was Donna.
CHAIRMAN McDANIEL: Commissioner Fiala was Adam
Peterson.
COMMISSIONER FIALA: Oh, Adam Peterson. He would be
just great, but I already dropped him in favor of Jim DeLony.
CHAIRMAN McDANIEL: So we'll drop him and do Jim
DeLony. So one, two, three, four, five. We're down to five now off
of the at large process. So we get to pick two.
COMMISSIONER FIALA: This is tough.
COMMISSIONER SAUNDERS: So maybe the way to do this
would be to start at the top of the list with Scott Lepore. If he gets
three votes, he's on. If he doesn't, then you go to the next one.
COMMISSIONER SOLIS: I think it's rock, paper, scissors.
CHAIRMAN McDANIEL: Yeah, I was just going to say, we
need to -- can we do a silent vote on this? I want --
COMMISSIONER SOLIS: One, two, three, shoot.
CHAIRMAN McDANIEL: Can everybody write down their
top two and --
COMMISSIONER TAYLOR: Now it's all public record.
COMMISSIONER SAUNDERS: As long as we sign the
ballot.
January 8, 2019
Page 109
CHAIRMAN McDANIEL: No, I don't want to do that. Let's
just go ahead and do it and get it over -- I mean --
COMMISSIONER TAYLOR: Get it over with.
CHAIRMAN McDANIEL: Well -- and get it over with. I
mean, these are all really, really qualified people, and picking one
over another doesn't mean we don't like them or not. I mean, we've
already agreed that this -- that the qualifications are off the charts.
COMMISSIONER SAUNDERS: Let's start with Scott Lepore.
If he gets three votes --
COMMISSIONER TAYLOR: How many women do we have
on this committee as it sits with the five of us? My nomination was
a man.
COMMISSIONER FIALA: No, it wasn't.
COMMISSIONER TAYLOR: No, no, no. The first go-round.
CHAIRMAN McDANIEL: The first one.
COMMISSIONER FIALA: Okay.
COMMISSIONER TAYLOR: So -- man?
COMMISSIONER SOLIS: Yeah, I think they were all men.
COMMISSIONER TAYLOR: Okay. So I'd like to nominate
Juliana Meek because I think she has been a proven --
CHAIRMAN McDANIEL: Well, they were not all men.
Forgive me, but mine --
COMMISSIONER TAYLOR: Oh, yes; Beth.
CHAIRMAN McDANIEL: Beth was a lady. Just so you
know -- I've only nominated women, just so you know.
COMMISSIONER SAUNDERS: Call the question on Juliana
Meek.
CHAIRMAN McDANIEL: Okay. It's been moved for Juliana
Meek. Is there a second?
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: And there is a second. All in
January 8, 2019
Page 110
favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: So there. She's got five. Juliana
Meek.
COMMISSIONER SAUNDERS: We'll go back up to Scott
Lepore at the top of the list.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER SAUNDERS: Just to see.
CHAIRMAN McDANIEL: And is there a second for Scott
Lepore? I'll second it, just for voting purposes.
COMMISSIONER SAUNDERS: And I'll remind
Commissioner Taylor that I did second her motion for Juliana Meek,
just to --
COMMISSIONER TAYLOR: As he's looking down here at
the other end.
COMMISSIONER FIALA: I really like Scott.
CHAIRMAN McDANIEL: I really like Scott, too.
COMMISSIONER TAYLOR: So we have two ardent
opponents, right?
CHAIRMAN McDANIEL: There's no opposition here. Let's
go ahead and vote. Scott Lepore's been moved and seconded. All
in favor?
COMMISSION SOLIS: (No verbal response.)
COMMISSIONER FIALA: (No verbal response.)
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
January 8, 2019
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CHAIRMAN McDANIEL: So moved. Scott Lepore's the
appointee at large. The two --
COMMISSIONER SAUNDERS: Were there three?
CHAIRMAN McDANIEL: There were three votes. One, two,
three.
So there you go Scott Lepore, Juliana Meek. And we'll
report -- because I wasn't keeping track who we were appointing as
we were going through.
COMMISSIONER FIALA: I've got an idea.
CHAIRMAN McDANIEL: Tell me.
COMMISSIONER FIALA: How about if we have a couple
alternate people just in case somebody --
COMMISSIONER TAYLOR: That's a great idea.
COMMISSIONER FIALA: -- is gone in Europe for three
months or something.
CHAIRMAN McDANIEL: Can we do that?
MR. KLATZKOW: Sure.
CHAIRMAN McDANIEL: Okay. Then we'll appoint two
alternatives. The first would be Jim DeLony to be nominated.
COMMISSIONER FIALA: Okay. Yes, Jim DeLony.
CHAIRMAN McDANIEL: It's been seconded. It's been
moved and seconded that --
COMMISSIONER SOLIS: Discussion?
CHAIRMAN McDANIEL: -- Jim DeLony be -- any
discussion?
COMMISSIONER SOLIS: Can we expand it?
CHAIRMAN McDANIEL: Well, he just said yes.
COMMISSIONER SOLIS: He said -- we were talking about
alternates. We'd have to readvertise.
MR. KLATZKOW: No, the alternates are fine. They,
essentially, would attend the meetings, but they wouldn't vote, and
January 8, 2019
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when somebody wasn't present, then they could vote.
COMMISSIONER TAYLOR: Then vote.
MR. KLATZKOW: We sort of do this for the Code
Enforcement Board.
CHAIRMAN McDANIEL: So we'll appoint two alternates.
And it's been moved and seconded that Jim DeLony be one of those
alternates.
Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So Mr. DeLony is one alternate.
COMMISSIONER TAYLOR: All right. It's up to you.
COMMISSIONER SOLIS: Jamie Anderson.
COMMISSIONER TAYLOR: Jamie Anderson. Another
woman.
CHAIRMAN McDANIEL: Jamie Anderson or Annette
Kniola. Those are the last two that are out there that we haven't
really touched. So you want to nominate Jamie?
COMMISSIONER SOLIS: I would nominate Jamie.
CHAIRMAN McDANIEL: Second.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: It's been moved and seconded that
Jamie be appointed as an alternate. Any other discussion?
(No response.)
January 8, 2019
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CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
CHAIRMAN McDANIEL: So there you are.
COMMISSIONER TAYLOR: We did it.
CHAIRMAN McDANIEL: And there you are.
COMMISSIONER TAYLOR: There was so much angst.
CHAIRMAN McDANIEL: I know. I fretted over that
decision --
COMMISSIONER TAYLOR: Me, too.
CHAIRMAN McDANIEL: -- all weekend. Okay. So --
COMMISSIONER FIALA: There were so many good people.
COMMISSIONER TAYLOR: It was not easy.
CHAIRMAN McDANIEL: Removing right along.
COMMISSIONER FIALA: Can I throw in I think it's good –
MR. OCHS: We're going to Item 15?
CHAIRMAN McDANIEL: Wait a second, sir.
COMMISSIONER FIALA: I think it's great that we got both
people who were supportive of the tax and who weren't, and I think
that gives you a good balance.
CHAIRMAN McDANIEL: You know -- and I just wanted to
reiterate --
COMMISSIONER FIALA: Okay. I'm sorry.
CHAIRMAN McDANIEL: -- my mother was telling me you
weren't talking into the mike. This is not a decision-making
committee. This is an oversight committee for purposes of
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discussion. And the job of this committee is to review the processes,
the expenditures, and make sure they meet statute and how it was
proposed on the ballot. Period, the end. The decision is going to
rest with us.
So, I mean, for and against is really irrelevant. The electorate
voted to pass the tax. It is what it is, so that's what we're going to get
to do.
Now, sir.
MR. OCHS: Thank you, Mr. Chairman.
Item #15
STAFF AND COMMISSION GENERAL COMMUNCATIONS
MR. OCHS: We move to Item 15, staff and commission
general communications. Again, just a reminder of your upcoming
board workshops. Your booked pretty solidly through June at this
point, and we've got all those coordinated with your aides on your
calendars. The first one will be coming up February 5th, a morning
and afternoon session.
The final thing I have is just on behalf of the county staff, I
wanted to acknowledge Allen Bartlett from the Naples Daily News.
He just recently retired, and Allen was the editorial board director
and somebody that Mike Sheffield and his staff in my office found to
be very fair and open and responsive, and we appreciated his service
to our community.
So that's all I have, sir.
COMMISSIONER FIALA: Oh, Allen is coming to our staff?
MR. OCHS: No, no, he's retired as of January 2nd from the
newspaper. I just wanted to acknowledge his service.
CHAIRMAN McDANIEL: Thank you, sir.
January 8, 2019
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County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN McDANIEL: How about our favorite clerk?
THE CLERK: Thank you; no.
CHAIRMAN McDANIEL: All right. And now we'll move to
commissioner comments.
Commissioner Saunders, you want to go first?
COMMISSIONER SAUNDERS: Okay. I have two things.
It's sort of been our tradition that the vice-chair becomes the chair.
And so you were vice-chair, and you became chair. And the odds
are pretty good that we'll --
CHAIRMAN McDANIEL: We'll have to vote on you, though.
COMMISSIONER SAUNDERS: No, no. I understand.
COMMISSIONER TAYLOR: He's already lobbying.
CHAIRMAN McDANIEL: Yeah, I see that.
COMMISSIONER SAUNDERS: I'll be distributing brochures.
CHAIRMAN McDANIEL: And your qualifications.
COMMISSIONER SAUNDERS: But every time we select a
chairman and vice chairman, it's one of those awkward moments.
And if someone is nominated, and it just sort of comes out of the
blue, then there's a perception from some people that maybe there
was a Sunshine violation. It's just the nature of picking a chair and
vice chair at random.
So I've got an ordinance that I had the County Attorney draft.
I'm going to distribute copies to everybody. And it's an ordinance
that basically says that after -- if I become chair -- whoever becomes
chair after Mr. McDaniel; if it's me, that's fine. If it's not me, that's
fine as well. But after that we're going to start -- we would start with
District 1, District 2, District 3, District 4, District 5, and the vice
chair would be -- for example, if it was District 1, the vice chair
would be District 2. Commissioner Taylor, when this issue was
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discussed before, had a concern about, well, if someone is
newly -elected and it's at the district that's supposed to be the chair,
then that person would be skipped.
So instead of district -- for example, if District 1 was a newly
elected commissioner and that was the commission district that was
to be designated, then that would be skipped. We would go to
District 2.
So I wanted to just distribute that. We've got, obviously, plenty
of time to digest it and think about it, but I think it's a good idea to
eliminate the uncertainty and eliminate the politics and the perception
that maybe there's something going on that shouldn't be.
The prior board, Commissioner Taylor and Commissioner Fiala
certainly will remember that there were times when the same person
became chairman for two or three years in a row, and that just
shouldn't happen. The Chairman runs the meeting. The Chai rman
doesn't have any special powers, except for Commissioner McDaniel
who does have special powers, but that has nothing do with the
County Commission.
So I'm going to distribute that. If the Board is interested in
pursuing that, then I'd like to go ahead and advertise this sometime in
the spring for our consideration down the road.
CHAIRMAN McDANIEL: I think it's a wonderful idea. I've
had issues with that all along, and I think having a process in place
allows for semantics and less politics.
COMMISSIONER SAUNDERS: So I'll distribute that.
CHAIRMAN McDANIEL: Do you want to do that now or just
do it -- okay.
COMMISSIONER SAUNDERS: Just so you have it. And
then assuming that everybody's sort of in agreement to at least
consider this at a publicly advertised hearing, then we'll --
CHAIRMAN McDANIEL: I like it.
January 8, 2019
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COMMISSIONER SAUNDERS: -- do that at some time down
the road.
COMMISSIONER TAYLOR: But if we start with -- we could
start -- I mean, I know we've nominated you as vice chair, but that's
what -- I thought that Commissioner Fiala would be nominated as
vice chair because it's District 1.
COMMISSIONER SAUNDERS: Well, here's my rationale in
doing this now. With this new board, the five of us, Commissioner
Fiala was chairman one year, you were chairman, Commissioner
Solis, Commissioner McDaniel, and then likely I will be. So all five
of us will have served, so I just thought that was a good starting
point, to start with District 1. We could start with District 2, you
know, but that's just the rationale.
CHAIRMAN McDANIEL: And we'll go through all that when
this actually comes up in front of us for a vote and we actually adopt
this ordinance or don't, or adjust it; we'll have time to digest all of the
ramifications and do the flow chart to make sure that it's fair and
equitable.
COMMISSIONER SAUNDERS: And it's not uncommon for
communities to have that type of process.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: That's right.
COMMISSIONER SOLIS: Can I just make a comment. And
for the same reasons, I think we ought to consider how we do the
assignments as well just because, you know, it avoids kind of the
same -- everybody having the same assignments in the same -- I
mean, I had to ask Commissioner Fiala to let me sit on the TDC
because, you know, it was going to be approved, so -- and I really
appreciate you letting me do that, because it's of interest to me as
well.
COMMISSIONER FIALA: Now you have to come to all of
January 8, 2019
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the things.
COMMISSIONER SOLIS: All the things, right. No, I realiz e
that. But I think we ought to think about that, because it is healthy to
rotate everything.
COMMISSIONER FIALA: Except in the one case that I can
think of --
COMMISSIONER TAYLOR: Yeah.
COMMISSIONER FIALA: -- and that's the RPC. Not
everybody can make it all the way up to North Fort Myers, and so
that might be a challenge for them, but we can discuss that.
COMMISSIONER TAYLOR: There's pluses and minuses,
because a lot of times a year doesn't give you enough time to get into
issues or to develop ideas, and so then you're moved to another
committee, and you lose a -- you lose that. You become a
figurehead rather than someone that can effect change, and I think we
all try to effect some kind of change on some level.
CHAIRMAN McDANIEL: Right.
COMMISSIONER TAYLOR: I mean -- sorry. Consider you,
this is, what, your second year on the RPC.
CHAIRMAN McDANIEL: Going on third, yes.
COMMISSIONER TAYLOR: Third year, and the things that
you've been able to do, especially this year, this last year, or not do.
CHAIRMAN McDANIEL: We have stirred the pot. We
haven't really effectuated anything, but we have stirred the pot.
COMMISSIONER FIALA: Oh, that's good. So, yeah. And
sometimes you don't catch on the first years, because you only have a
few meetings.
COMMISSIONER TAYLOR: That's right.
CHAIRMAN McDANIEL: Right, right. And you know what
I think, Commissioner Solis -- and this is jut my personal opinion. I
applaud you for speaking up today when we were doing those
January 8, 2019
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appointments and suggesting that you wanted to do that -- that you
wanted to do that, and your acquiescing to his request is perfect. I
think, personally, we're all interchangeable as far as where we're
doing and what we believe to be -- is the greatest benefit for our
community. So -- and no one's holding to anything.
I think, personally, if we just all understand -- if there is
something that you're interested in, speak up, as you did. And, I
mean, if somebody wanted to be on the RPC really bad, I'd --
COMMISSIONER SOLIS: No. But it makes it -- but I'll tell
you, having been the one that did it, it was awkward.
CHAIRMAN McDANIEL: Yes. For a minute until she
went --
COMMISSIONER SOLIS: And so the whole issue about it
being awkward in selecting the chairman, it applies to these as well.
COMMISSIONER SAUNDERS: Imagine how awkward it
would have been if Commissioner Fiala said no.
COMMISSIONER SOLIS: Right; exactly.
COMMISSIONER FIALA: He probably knew I was a
pushover.
COMMISSIONER SOLIS: Again, I think -- yeah, there's
maybe some institutional, you know, knowledge for somebody that's
been there for a couple years but, again, I think it's healthy to change
things around. So maybe we can -- maybe I'll write up something
and bring it back.
CHAIRMAN McDANIEL: I'd like to see that.
Your second item, sir?
COMMISSIONER SAUNDERS: Second item. And this
involves the Hack property. I brought this up a few weeks ago.
And there was some concern by a couple commissioners because it's
a client of mine that was trying to basically do me a favor, and he
negotiated a contract to purchase that property and was simply trying
January 8, 2019
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to get to a price that made some sense.
The price that he has is $750,000. That's down from the
two-and-a-half million that was requested, which was really kind of a
silly price to begin with, but it's still above the appraised value. And
it raised some concerns amongst two commissioners at that time.
And what I'm going to ask the Board to do is to withdraw further
consideration of that. And, you know, if the Hack property comes
back at some point and somebody wants to negotiate with the
property owner, that's fine.
I don't want any kind of a cloud of any kind. And I think that
that raises a bit of a cloud, because it was a client of mine. And it's
not somebody that's doing any business with Collier County, but it's a
client. And so there's always that feeling that, well, is there
something behind the scenes going on.
I want to totally eliminate that. So I'm going to ask my
colleagues, as a personal favor, to agree to not have any further
discussions concerning the Hack property as it relates to my client or
that contract, so I'll --
COMMISSIONER FIALA: So, in other words, if next
weekend my mom wants to buy that property but it has nothing do
with your client or anything, then she can --
COMMISSIONER SAUNDERS: Sure, absolutely. It's
just -- we're not going to entertain any thoughts of going forward
with that.
COMMISSIONER FIALA: Just not that particular --
COMMISSIONER SAUNDERS: That particular contract, as
far as the County Commission's concerned, is not something to
pursue. So that's my request.
COMMISSIONER SOLIS: I'd make that motion.
COMMISSIONER TAYLOR: Second.
CHAIRMAN McDANIEL: Do we need to have a motion on
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that? It's been moved and seconded. You know what, I think it's a
good idea. It's been moved and seconded.
COMMISSIONER SOLIS: It's a motion to direct staff no
longer to --
COMMISSIONER SAUNDERS: If you don't mind, let me
make the motion.
COMMISSIONER SOLIS: Okay. You make the motion.
COMMISSIONER SAUNDERS: I'll make the motion, and --
CHAIRMAN McDANIEL: He'll second it.
COMMISSIONER SAUNDERS: Yeah. So that would be my
motion not to proceed any further with that discussion.
COMMISSIONER SOLIS: And I would second that.
CHAIRMAN McDANIEL: I didn't want to take -- I took away
your second.
COMMISSIONER TAYLOR: That's quite all right.
CHAIRMAN McDANIEL: It's been moved and seconded that
we discontinue those activities. Any other further discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
COMMISSIONER SAUNDERS: Thank you for your
consideration.
CHAIRMAN McDANIEL: Absolutely.
Commissioner Taylor, we'll go to you now since --
COMMISSIONER TAYLOR: All right. Well, it happened
last night in the Republican executive meeting. A relatively -- well,
January 8, 2019
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it was a new member to the Republican club, the executive
committee but, more importantly, someone who lives along 951 and
just north of Golden Gate, and he lives, of course, in Golden Gate, so
I know this is probably either Commissioner Saunders or --
CHAIRMAN McDANIEL: Which side of 951?
COMMISSIONER TAYLOR: On the east side of it.
CHAIRMAN McDANIEL: Okay. So that would be me.
Which fellow was it?
COMMISSIONER TAYLOR: Vinny.
COMMISSIONER FIALA: Who?
COMMISSIONER TAYLOR: His last name is Italian, but
forgive me. Vinny; his first name is Vinny. And he was -- but he
actually took me aside to say, you're a commissioner. We need to do
something about this. He said, they race at night on 951, the cars
race. They do drag racing, and he knows about it not because he's
out there; he can hear it.
And so his thoughts were, what can be done? Where is
enforcement? And then the other issue is, can we build a wall as
they do in Pelican Bay or something similar whereby the sound is
somehow muted from a road that is very busy.
And then his third question is is whatever happened to state -- I
believe it was the state inspection of cars, whereby someone cannot
have a loud muffler or, you know, on -- purposely call attention to his
car through, you know, whatever they do to the mufflers. So I
wanted to bring it out. And I do have his card, and I'd be more than
happy to give that to you.
CHAIRMAN McDANIEL: And I can, just -- you know,
100,000-foot overview, we'll make arrangements with the Sheriff's
Department to get with him, because it is an enforcement issue with
regard to the speeding, and we'll -- you know, I've had large success,
for all of you who don't necessarily know, in communicating with our
January 8, 2019
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Sheriff when there is an issue, particularly 13th, with that mess on
13th between White and the Boulevard and those little whoop-de-dos
that they put in out there to theoretically slow everyone down.
And the spot issues that come along. I've had very great
success in dealing with our Sheriff and those enforcement issues. I
probably can say out loud that the wall's not a subject matter that's
going to come along anytime soon just because of the enormous
amount of expense that's associated with that.
COMMISSIONER FIALA: Which will be a county expense
because it's a county road.
CHAIRMAN McDANIEL: Correct.
COMMISSIONER SOLIS: We have the same issue in
District 2 on Vanderbilt Drive; long straightaway, not a single light,
and the Sheriff has been very, very effective in -- you know, they set
up some kind of a plan and -- yeah.
COMMISSIONER TAYLOR: Well, again, I couldn't talk to
you about it because it's about -- so I'm going to.
CHAIRMAN McDANIEL: Okay.
COMMISSIONER TAYLOR: I wanted to do it now.
And so the second discussion is -- I've been sort of taken -- quite
taken aback by the fact that three-quarters of the doctors in Naples
Community Hospital that practice radiology have either resigned or
in the process of resigning from Naples Community Hospital. I've
been taken aback by seeing that Naples Community Hospital is a C
rating for a hospital; whereas, Lee County is A in terms of safety.
And understanding that we cannot regulate; it is state regulated.
I'm wondering if we have -- and I'll say this in a respectful way -- any
appetite as a commission to ask the board of trustees in here to
discuss this with them and to send a letter requesting that they meet
with us in an open meeting to discuss this issue. And I don't think
Dr. Weiss is the right person on the Board. I think it needs to be the
January 8, 2019
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other board members who we haven't heard from, bec ause I think
we've all heard from Dr. Weiss.
So I'll just throw that out to you to see if there's any interest or
any willingness to write that letter.
COMMISSIONER SOLIS: A question for the County
Attorney. We don't have any subpoena powers, do we?
MR. KLATZKOW: No, nor do we regulate them.
COMMISSIONER SOLIS: Right; okay.
CHAIRMAN McDANIEL: And my only -- and I see
where -- I think I see where you're going anyway. I mean, we've all
expressed dissatisfaction with policies that current administration has
put forth. I think we've all -- I know I've met with Dr. Weiss
personally and expressed my dissatisfaction with those policies as
well.
I'm not sure whether it would be appropriate or inappropriate
necessarily for us to bring that -- or their board of trustees in to an
open public meeting and have that discussion here. It's -- I think it's
completely out of our purview to -- other than do the letter, which
we've already done. I think we voted to do that already. And we
can send them a letter a month if you want to.
On a personal note, I have talked with staff as late as yesterday.
It was brought to my attention that there is an inequity in the
deductibles from our county employees between Physicians Regional
and NCH. And I've asked that that be further explored just
to -- because there is a path that we have a little bit say -so in with the
administration of our health benefit program for the county
employees. And I don't know if it includes the school district as well
as the Sheriff or not. But we're exploring those things.
So I personally wouldn't care to have the board of trustees come
here. I don't know how you-all feel.
COMMISSIONER SOLIS: Well, I think there's pending
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litigation, isn't there? So I would seriously doubt that they woul d
even appear. I mean, if I was the hospital's attorney, I'd tell them no
way.
COMMISSIONER SAUNDERS: I don't know if there has
been or not. I know it's been threatened. I don't know if it's been --
COMMISSIONER SOLIS: Yeah. I don't know if it's --
COMMISSIONER TAYLOR: Okay.
COMMISSIONER SOLIS: But if it's been threatened, even
more reason --
COMMISSIONER TAYLOR: You know, I listened to
Mr. Wert and his presentation about the wellness aspect of our
community and, you know, my mind went to the We llness Center at
Naples Community Hospital, and then seeing that big C for safety
and then understanding what happened in radiology, and that's
very -- it's very concerning.
CHAIRMAN McDANIEL: Very much so; very much so.
COMMISSIONER FIALA: I might add, it should be even
more concerning to them that they are losing all these people.
CHAIRMAN McDANIEL: Commissioner Saunders, your light
lit up. Is that because --
COMMISSIONER SAUNDERS: Yeah. I was going to make
a comment.
I agree with Commissioner McDaniel. I don't want to ask
board members for the hospital to come to a county commission
meeting. We have no jurisdiction.
I think we can send a little bit of a message, and I'll tell you
what that message is in a second. But on the ratings of a hospital,
we don't know what went into those ratings. I know that they went
from an A or something to a C. From what I understand, and it may
not be correct, is that there was some issues that really don't impact
patient health and safety that resulted in th e lowering of the grade.
January 8, 2019
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And so we really don't have the knowledge to start making
determinations as to whether or not there's a problem at NCH or any
other hospital. We just don't have that information, and I don't think
we should be in the business of trying to gather it.
I think the message we can send to the hospital is that we are
concerned; we did that in the letter. We can ask our staff, quite
frankly, to take a look at, you know, should we partner in some way
with Physicians Regional. I don't know what our insurance policies
say. I don't know whether we encourage our employees to go to a
particular hospital or if there's a particular hospital that's required for
them to go to here in town.
CHAIRMAN McDANIEL: No. We just talked about that.
MR. OCHS: Would you like me to comment briefly?
COMMISSIONER SAUNDERS: Yeah, sure. You were
mentioning that, and I think that was a good --
MR. OCHS: Yeah. We have a -- in terms of our hospital
services, we negotiate rates with all the local hospital providers. We
try to leverage the power of the school district and the Sheriff's
Office to get the best rates we can for our respective plans.
And we've been successful with Naples Community Hospital in
developing some rates that are very competitive and have saved the
plan money, so much so that we've tried to get those same rates put in
place with Physicians Regional, but we've been unsuccessful.
We've actually created a disincentive for our people to go to the
higher-cost providers by adding a $1,000 deductible for some of
those services at the higher provider. Look it, we're self -insured, so
it's the taxpayers' dollars. It's not some insurance company that's
paying for these benefits.
So anyhow, long story short, we're a little reluctant to fur ther
narrow the network of providers because it's going to drive your cost
as the Board up for our plan.
January 8, 2019
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I think NCH is inadvertently doing that anyway in some regard,
because if they're driving physicians to sign up with the competitor's
hospital and our employees are using those doctors' services, they're
going to end up being admitted at the other hospital at a higher rate,
so it's going to cost our plan potentially more money that way. But I
wouldn't want to maybe, you know, steer all of our business t o the
hospital that's charging us higher rates right now.
CHAIRMAN McDANIEL: Well, that certainly wasn't my
intent to do that. I just wanted to point out the inequity. I
understand the rationale behind the inequity, because we are paying
for our own health insurance and things as a self-insured
municipality.
When, pray tell, are the negotiations up again with the individual
care providers to allow us to renegotiate those fees?
MR. OCHS: Well, we do it annually. We reach out to all of
them.
CHAIRMAN McDANIEL: And when annually?
MR. OCHS: We'll probably do it next month.
CHAIRMAN McDANIEL: Yeah, okay. So we have a chance
here to have that discussion --
MR. OCHS: Absolutely.
CHAIRMAN McDANIEL: -- that could have a benefit for a
system process.
COMMISSIONER TAYLOR: Okay. All right. That's all I
have.
CHAIRMAN McDANIEL: And, Commissioner Solis, you
had -- oh, I'm sorry, Commissioner Fiala was ahead.
COMMISSIONER FIALA: I'm just talking about this same
thing, using the other hospital. For me, for instance, I just had a
knee replacement, you know, last year, or a year -and-a-half ago. I
had a knee replacement. My doctor is supposed to be the best knee
January 8, 2019
Page 128
surgeon around, but he only will operate at Physicians Regional, so I
had to pay the higher cost because he operates there.
And, you know, there is -- I'm sure that there are others. And
now with so many people leaving NCH and you follow your doctor,
you know, that is something that we've got to consider, and so do our
people that negotiate.
CHAIRMAN McDANIEL: Commissioner Solis.
COMMISSIONER SOLIS: Yeah. And I hate to maybe get
this too far afield, but what -- can you explain to me, what is
Community Health Partners, and what do they do in terms of our
plan? And does NCH have an interest in that somehow?
MR. OCHS: No. No, they don't.
COMMISSIONER SOLIS: Okay.
MR. OCHS: They're a plan administrator.
COMMISSIONER SOLIS: Administrator. And they're
independent of NCH.
MR. OCHS: Yes.
COMMISSIONER FIALA: Entirely?
MR. OCHS: Yes.
COMMISSIONER SOLIS: Oh, they are. Okay. Because I
had heard that maybe they weren't; they had some interest in it.
Okay.
COMMISSIONER TAYLOR: Two commissioners are
questioning that.
CHAIRMAN McDANIEL: It's different than what we thought,
so...
COMMISSIONER FIALA: Yeah, because that's where it all
began.
CHAIRMAN McDANIEL: Uh-huh. Speak up. Okay. Very
good. Since you're on the list, I'm going to -- we'll go to
Commissioner Fiala for comments. How's that?
January 8, 2019
Page 129
COMMISSIONER FIALA: Oh, okay, fine.
I got a call last week from a lady named Rachel Polansky, and
she is with NBC-2, and she called me about the fire that they had at a
house in East Naples. And she said that, you know, the people got
out, but the thing is they had all their storm shutters up. And she
said that firemen weren't able to get in to put the fire out. And she
said -- she said, I wish you would see about putting something in
place that would require people to take their storm shutters down six
weeks or four weeks after hurricane season.
I had, you know -- I said, first of all, I can't do anything without
the approval of the other commissioners. Number two, I said, there
are a lot of things that go into this. For instance, if the people leave
town in May and they come back in January, and the hurricane
season ended the end of November, you know, now we're fining
somebody, and they're not even in town. I'm worried a little bit
about government intrusion. I just -- I just feel that that isn't our
purpose, but at the same time if there could be some kind of
instructions or something, or if you guys have any comments to make
along that line.
I know in my own home I leave part of my hurricane shutters up
all year. There's a back part of my house, and I can't get back there,
and I can't hear anything, so I keep them closed. And so, you know,
would I be fined for that? And I think it gets a little deep. So I
wanted to hear what you guys would have to say about that.
CHAIRMAN McDANIEL: Well, I could tell you straight up I
wouldn't be interested in fining anyone for hearsay on the cause of a
fire to not be able to be extinguished because of storm shutters. I
would want to hear that from the firemen themselves. And, if
anything, if you're of mind, we want to bring some of our fire chiefs
in to have a conversation with regard to this. Because I've done it in
Golden Gate Estates. We talk about the 30-foot buffer that goes
January 8, 2019
Page 130
around -- doing things that you can do to provide for fire safety and
do it more from an educational standpoint. But regulating when you
can and can't do your storm shutters, no.
COMMISSIONER FIALA: See, and another problem that I
had was, right now the way we build with block, that isn't apt to catch
on fire anyway, number one; number two, we don't hear of many
fires anymore. That's why it makes big news because, oh, my
goodness, a fire. And I think that's because the fire
departments -- this is my opinion only. The fire departments make it
so stringent. If you want to get your CO for your house, you better
meet all of these fire-prevention rules before you can even get your
CO. I think they've tried to catch it at all of these junctures.
CHAIRMAN McDANIEL: Right.
COMMISSIONER FIALA: So that's another thing. But I
thought -- I promised her I would bring it up anyway to see what you
had to say.
CHAIRMAN McDANIEL: My suggestion would be, if you
want to continue with it, is invite the fire chiefs in for a presentation
with regard to anything we might be able to educate our population
on to enhance with fire protection. That'd be my vote.
COMMISSIONER FIALA: That would be a good thing.
Ms. Polansky said that she'd heard from -- she'd questioned
firemen. I don't know if it was here or Lee County, I can't tell you
that, or Hendry County. They said, yes, there are fires.
I said, gee, we hardly hear of anything here. Maybe once a
year, or something, and that's usually starting in the kitchen or
something, you know.
CHAIRMAN McDANIEL: Sure.
COMMISSIONER FIALA: But, anyway. Anybody else have
a feeling about that?
COMMISSIONER SOLIS: I hadn't heard it was a -- I'm sorry.
January 8, 2019
Page 131
COMMISSIONER TAYLOR: No, just, I like your idea. Let's
bring the fire chiefs in.
CHAIRMAN McDANIEL: Put that on your notes.
COMMISSIONER SOLIS: I'd never heard it was an issue. If
it was an issue, the fire chiefs would have been in here saying we
need an ordinance or something.
CHAIRMAN McDANIEL: Because it has been brought up by
one of our colleagues, we'll do a short presentation by the fire chiefs
and do a little education with regard to fire protection across the
board; Golden Gate Estates as well. We have new residents coming
all the time; part-time residents, short-term rentals, and the like.
COMMISSIONER FIALA: And the City of Naples as well and
the City of Marco Island.
CHAIRMAN McDANIEL: Right.
MR. OCHS: So you want all the chiefs in here?
CHAIRMAN McDANIEL: No, just two. There's only two.
MR. OCHS: Oh, you haven't talked to --
CHAIRMAN McDANIEL: Don't tell Chief Choate I said that.
MR. OCHS: Maybe a representative of the fire chiefs?
CHAIRMAN McDANIEL: Of course, one or the other. And,
again, we're -- what we're doing is addressing, with love, a hearsay
circumstance that I want to hear from those who fight them all day
every day and incorporate an educational portion into the folks as far
as -- you know, there are certain things that people don't necessarily
think about that can enhance their own protection.
MR. OCHS: Yes, sir.
CHAIRMAN McDANIEL: Good.
COMMISSIONER FIALA: Thank you. Thank you,
everyone.
CHAIRMAN McDANIEL: Yes, ma'am.
COMMISSIONER FIALA: Okay.
January 8, 2019
Page 132
COMMISSIONER SOLIS: My turn.
CHAIRMAN McDANIEL: Sorry, by the way. Sorry.
COMMISSIONER SOLIS: Thank you. But we were not
going to talk about it.
CHAIRMAN McDANIEL: Oh, that's right. We're not talking.
COMMISSIONER SOLIS: I don't want to talk about it.
COMMISSIONER TAYLOR: He is wearing red, though, I
see, on his tie.
COMMISSIONER SOLIS: Just remember there's always next
year, and you know what they say about payback. Anyway.
What -- is there a formal procedure for creating a liaison to
specific -- I mean, we have specific liaisons or assignments to certain
boards and advisory boards and things. And the reason I'm bringing
this up is that the mental health -- the Behavior Health and Addiction
Advisory Committee had its first meeting, and it went very well, and
the County Attorney's Office was there to give the Sunshine Law,
kind of, primer on that.
And I think that this is one of these issues that's so important
that someone from the commission -- and, obviously, I would like to
be that person now.
COMMISSIONER TAYLOR: You're the person --
CHAIRMAN McDANIEL: I'll make you --
COMMISSIONER SOLIS: -- but I think moving forward some
day, you know, I won't be here. Some day somebody else may have
an interest in it. I think we need somebody involved in that on a
regular basis that needs to go.
CHAIRMAN McDANIEL: I'll make a motion that you be the
commission liaison to that committee.
COMMISSIONER SAUNDERS: And I'll second that.
COMMISSIONER FIALA: As long as you both shall live,
right.
January 8, 2019
Page 133
CHAIRMAN McDANIEL: As long as we both shall live.
And I want to just -- as a point of discussion, I just want to say
you've been the lead on that. I've been working on it from a
monetary standpoint. We all do it within our normal daily travels of
dealing with this community, so -- but having you as the lead and the
representative for our board to that particular committee I think's a
great way to go.
COMMISSIONER TAYLOR: And very, very important.
CHAIRMAN McDANIEL: Yes.
COMMISSIONER SOLIS: Yeah. And, again, obviously I
want to see it through to the preparation of the strategic plan, but I'm
looking long term is to have a board member that's spec ifically
assigned to, you know, update everybody here on what's happening I
just think would be a healthy thing to do and, you know, well past
when I'm gone.
CHAIRMAN McDANIEL: It's been moved and seconded that
Commissioner Solis serve as our liaison. Is there any further
discussion?
COMMISSIONER FIALA: Yes.
CHAIRMAN McDANIEL: Oh, geez.
COMMISSIONER FIALA: You know, maybe you could -- I'll
do it quickly.
Maybe Commissioner Solis could, at each meeting, have three
minutes -- we'll give you three minutes -- to report back as to what
he's learned so that -- you know, we have him there as a
representative, but we don't know what's happening.
COMMISSIONER SOLIS: Right. That's why I think this is
one of those issues that we should have regular updates. I guess the
staff person assigned could do that as well. I just think it's going to
be a process, and I foresee it being a process that's always ongoing.
It's going to be something long term that's going to have to -- it's
January 8, 2019
Page 134
going to change over time, and I think it would be helpful to make
sure that there's some feedback. You know, 10 years from now
there's some system where it always comes back to the board so that
everybody understands what's going on.
COMMISSIONER SAUNDERS: We had a list at the
beginning of January that we had today with a list of half a dozen
appointments. Let's just add to that list whatever we think should be
on that list for Board appointments.
COMMISSIONER SOLIS: Okay.
COMMISSIONER SAUNDERS: And in terms of reports, just
whenever you feel it's necessary. I wouldn't want a report every
meeting.
COMMISSIONER SOLIS: Right.
COMMISSIONER SAUNDERS: Just when you feel necessary
to report something. And I think all the liaisons. If we have -- there
are communities that have liaisons from board members to a lot of
different organizations, and we could set that up, and then those
members will typically make a report to the Commission at a time
like this during communications, but it's only when there's something
to report.
CHAIRMAN McDANIEL: And I just know myself, in my
activities in funding sources and the like, a large question regularly
asked by the regulators and those fundings sources is, well, how does
your mental-health plan address this?
COMMISSIONER SOLIS: Right.
CHAIRMAN McDANIEL: We're working on it. So -- and I
think as Commissioner Saunders said, let's -- you know, when that
starts to become refined and defined -- and it's an evolutionary
process just because of the science and the educational processes that
come along with mental illness and substance abuse, so...
COMMISSIONER SOLIS: And the committee understands
January 8, 2019
Page 135
they have a pretty steep hill to climb here, because -- to have a
strategic plan, at least a draft of one prepared for the June workshop.
So they're well aware that they're under the gun, and they have to get
busy very quickly.
CHAIRMAN McDANIEL: It's going to help. It's been moved
and seconded that Commissioner Solis be our liaison to that
committee. Any other discussion?
(No response.)
CHAIRMAN McDANIEL: All in favor?
COMMISSION SOLIS: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN McDANIEL: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN McDANIEL: Opposed same sign, same sound.
(No response.)
COMMISSIONER SOLIS: Thank you. And then, again, just
thank you for all of your support when I was chairman last year, and
great meeting. Well run. Very -- if we weren't just jabbering away
here like a monkey in a tree, we'd --
CHAIRMAN McDANIEL: We'd have been done an hour ago
if Commissioner Saunders hadn't have been going on.
COMMISSIONER SOLIS: -- be done. Thank you.
CHAIRMAN McDANIEL: And I only have one point to make,
and that is with regard to the Productivity Committee.
Commissioner Saunders, I spoke to the chairman last night, Mike
Lister. And if you'll recall at our last meeting with regard to the
stormwater utility, they are the public review committee for us to
come back, I think, in our first meeting in February, if I'm not
mistaken. That was --
MR. OCHS: Yes, sir.
January 8, 2019
Page 136
CHAIRMAN McDANIEL: Okay. I have a concern that
they're not going to be able to accomplish the task that they need to
come back with three specific solutions. So I just want to share with
you, because you're now the liaison for the Productivity
Committee -- they have a meeting the 10th, and mind that and be able
to come back in January to ask for an extension.
Mr. Lister and I spoke last night, and he expressed some
concerns about it. And that's just from me to you. You know, we're
barely allowed to talk, so that was me sharing that with you.
So, other than that, Happy New Year to everyone, and we shall
be adjourned.
*****
**** Commissioner Fiala moved, seconded by Commissioner Taylor
and carried that the following items under the Consent and Summary
Agendas be approved and/or adopted (Commissioner Solis abstained
from voting on Items #16A4, #16A5, #16A6, #16A7, #16A14,
#16A15 and Item #16E4) ****
Item #16A1
RESOLUTION 2019-01: A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING THE ADMINISTRATIVE CODE FOR LAND
DEVELOPMENT, WHICH WAS CREATED BY ORDINANCE
NO. 2013- 57, BY AMENDING CHAPTER FOUR,
ADMINISTRATIVE PROCEDURES, MORE SPECIFICALLY TO
AMEND SECTION L.2, ZONING VERIFICATION LETTER –
NONRESIDENTIAL FARM BUILDING; AND CHAPTER SIX,
WAIVERS, EXEMPTIONS AND REDUCTIONS, MORE
January 8, 2019
Page 137
SPECIFICALLY TO ADD SECTION L. ADMINISTRATIVE
APPEAL OF PRELIMINARY SUBSTANTIAL DAMAGE
DETERMINATION; AND PROVIDING AN EFFECTIVE DATE
(THIS IS A COMPANION TO AGENDA ITEM #9A)
Item #16A2
INVITATION TO BID (ITB) #18-7460 FOR “MITIGATION
CREDITS” A MULTI-YEAR CONTRACT TERM TO A POOL OF
VENDORS ON A PRIMARY AND SECONDARY BASIS – FOR A
THREE YEAR CONTRACT WITH TWO, ONE YEAR RENEWAL
OPTIONS TO CORKSCREW MITIGATION, LLC; LPI
WETLAND MITIGATION BANK LTD.; PANTHER PASSAGE
CONSERVATION, LLC; AND SOUTHWEST FLORIDA
WETLAND JOINT VENTURE
Item #16A3
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR VERONA POINTE ESTATES, PL20160002243 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
WAS CONDUCTED ON NOVEMBER 8, 2018, AND FOUND THE
FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A4 – Commissioner Solis Abstained from Voting
(During Agenda Changes)
January 8, 2019
Page 138
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR RAFFIA PRESERVE PHASE 1A, PL20140002067 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
WAS CONDUCTED ON NOVEMBER 13, 2018, AND FOUND
THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A5 – Commissioner Solis Abstained from Voting
(During Agenda Changes)
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR RAFFIA PRESERVE PHASE 1B, PL20160002887 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
WAS CONDUCTED ON NOVEMBER 13, 2018, AND FOUND
THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A6 – Commissioner Solis Abstained from Voting
(During Agenda Changes)
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR RAFFIA PRESERVE PHASE 3, PL20150001235 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
January 8, 2019
Page 139
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
WAS CONDUCTED ON NOVEMBER 13, 2018, AND FOUND
THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A7 – Commissioner Solis Abstained from Voting
(During Agenda Changes)
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR RAFFIA PRESERVE PHASE 4, PL20160002885 AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $4,000 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
WAS CONDUCTED ON NOVEMBER 13, 2018, AND FOUND
THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
Item #16A8
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR BIZPARK, PL20170000749, ACCEPT
UNCONDITIONAL CONVEYANCE OF A PORTION OF THE
POTABLE WATER AND SEWER FACILITIES, AND TO
AUTHORIZE THE COUNTY MANAGER, OR HIS DESIGNEE,
TO RELEASE THE UTILITIES PERFORMANCE SECURITY
(UPS) AND FINAL OBLIGATION BOND IN THE TOTAL
AMOUNT OF $14,812.13 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT – A FINAL INSPECTION
WAS CONDUCTED ON NOVEMBER 28, 2018, AND FOUND
THE FACILITIES TO BE SATISFACTORY AND ACCEPTABLE
January 8, 2019
Page 140
Item #16A9
RESOLUTION 2019-02: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF AVE MARIA
UNIT 4, HAMPTON VILLAGE PHASE 1, APPLICATION
NUMBER AR-8879, AND AUTHORIZE THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A10
RESOLUTION 2019-03: A RESOLUTION FOR FINAL
ACCEPTANCE OF THE PRIVATE ROADWAY AND
DRAINAGE IMPROVEMENTS, AND ACCEPTANCE OF THE
PLAT DEDICATIONS, FOR THE FINAL PLAT OF TWIN
EAGLES PHASE TWO, APPLICATION NUMBER AR- 6729,
AND AUTHORIZE THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A11
RECORDING THE FINAL PLAT OF ELLINGTON PARK,
(APPLICATION NUMBER PL20180002756) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY – W/STIPULATIONS AND A
PERFORMANCE SECURITY IN THE AMOUNT OF $130,865.32
Item #16A12
January 8, 2019
Page 141
RECORDING THE FINAL PLAT OF PARCELA
MEDITERRANEA, (APPLICATION NUMBER PL20170002886)
APPROVAL OF THE STANDARD FORM CONSTRUCTION
AND MAINTENANCE AGREEMENT AND APPROVAL OF THE
AMOUNT OF THE PERFORMANCE SECURITY –
W/STIPULATIONS AND A PERFORMANCE SECURITY IN THE
AMOUNT OF $146,909.84
Item #16A13
RECORDING THE FINAL PLAT OF DEL WEBB NAPLES
PARCEL 102, PHASE 2, (APPLICATION NUMBER
PL20180002847) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – W/STIPULATIONS AND A PERFORMANCE
SECURITY IN THE AMOUNT OF $495,657.71
Item #16A14 – Commissioner Solis Abstained from Voting
(During Agenda Changes)
RECORDING THE MINOR FINAL PLAT OF LAMORADA
PHASE 1 (APPLICATION NUMBER PL20180002029) –
LOCATED IN SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26
EAST
Item #16A15 – Commissioner Solis Abstained from Voting
(During Agenda Changes)
January 8, 2019
Page 142
RECORDING THE MINOR FINAL PLAT OF SUNGATE
CENTER P.U.D. PARTIAL REPLAT (APPLICATION NUMBER
PL20180002357) – LOCATED IN SECTION 15, TOWNSHIP 49
SOUTH, RANGE 26 EAST
Item #16A16
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $331,040 WHICH WAS POSTED
AS A GUARANTY FOR EXCAVATION PERMIT NUMBER
60.151, PL20160003389 FOR WORK ASSOCIATED WITH
MARQUESA ISLES OF NAPLES – LOCATED OFF OF DAVIS
BLVD. ON COUNTY BARN ROAD
Item #16A17
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $38,640 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 60.140,
PL20160000887 FOR WORK ASSOCIATED WITH RICHMOND
PARK – LOCATED OFF OF IMMOKALEE ROAD, ON
WOODCREST DRIVE
Item #16A18
THE CLERK OF COURTS TO RELEASE A PERFORMANCE
BOND IN THE AMOUNT OF $25,000 WHICH WAS POSTED AS
A GUARANTY FOR EXCAVATION PERMIT NUMBER 59.666-
1, PL20160002510 FOR WORK ASSOCIATED WITH NAPLES
LAKES COUNTRY CLUB – LOCATED OFF OF RATTLESNAKE
HAMMOCK ROAD AND C.R. 951
January 8, 2019
Page 143
Item #16A19
THE CLERK OF COURTS TO RELEASE A CASH BOND IN THE
AMOUNT OF $4,880 WHICH WAS POSTED AS A
DEVELOPMENT GUARANTY FOR AN EARLY WORK
AUTHORIZATION (EWA) (PL20180001935) FOR WORK
ASSOCIATED WITH CARL’S WHITE GLOVE PERSONAL
STORAGE – LOCATED OFF OF TAMIAMI TRAIL EAST
Item #16A20
THE CHAIR TO EXECUTE A PROFESSIONAL SERVICES
WORK ORDER WITH APTIM ENVIRONMENTAL AND
INFRASTRUCTURE, INC. FOR A NOT TO EXCEED COST OF
$73,889.80 UNDER CONTRACT #15-6382 TO SUPPORT
COLLIER COUNTY DURING THE PREPARATION OF THE
FEASIBILITY STUDY PERFORMED BY THE UNITED STATES
ARMY CORPS OF ENGINEERS FOR THE COLLIER COUNTY
HURRICANE AND STORM DAMAGE REDUCTION (HSDR)
PROJECT, AUTHORIZE NECESSARY BUDGET
AMENDMENTS AND MAKE A FINDING THAT THIS ITEM
PROMOTES TOURISM (PROJECT #80366) – FOR A
COOPERATIVE INVESTIGATION FOR LONG-TERM FEDERAL
SHORELINE PROTECTION
Item #16A21
AN EASEMENT USE AGREEMENT (AGREEMENT) FOR LOT
12, WESTLAKE UNIT NO. 1, ACCORDING TO THE PLAT
THEREOF AS RECORDED AT PLAT BOOK 10, PAGE 87 OF
January 8, 2019
Page 144
THE PUBLIC RECORDS OF COLLIER COUNTY – ALLOWING
A SCREENED POOL AND DECK THAT WILL ENCROACH
APPROXIMATELY 1.7 FEET INTO A 20-FOOT WIDE
DRAINAGE AND PUBLIC UTILITY EASEMENT
Item #16A22
RESOLUTION 2019-04: A RESOLUTION TO SCHEDULE A
PUBLIC HEARING TO CONSIDER VACATING THE COUNTY
AND THE PUBLIC INTEREST IN THE PARCEL OF LAND
USED AS A PUBLIC RIGHT-OF-WAY, AS RECORDED IN
OFFICIAL RECORD BOOK 120, PAGE 187 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA. THE PARCEL IS
LOCATED DIRECTLY SOUTH OF THE SMALLWOOD DRIVE
RIGHT-OF-WAY IN CHOKOLOSKEE, FLORIDA IN SECTION
31, TOWNSHIP 53 SOUTH, RANGE 30 EAST, COLLIER
COUNTY, FLORIDA (VAC-PL20180002479)
Item #16A23
AFTER-THE-FACT AMENDMENT NO. 2 WITH THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION TO
EXTEND CONTRACT NO. AB005 FOR THE REMOVAL OF
MARINE LIFE DEBRIS DUE TO RED TIDE ON THE BEACHES
AND WATERWAYS OF COLLIER COUNTY (PROJECT NO.
33584) – EXTENDING THE CONTRACT UNTIL MARCH 31,
2019
Item #16A24
January 8, 2019
Page 145
PROPOSAL DATED NOVEMBER 30, 2018, FROM HUMISTON
& MOORE ENGINEERS FOR COLLIER COUNTY BEACHES
AND INLETS ANNUAL MONITORING FOR 2019 UNDER
CONTRACT NO. 15-6382, AUTHORIZE THE CHAIRMAN TO
EXECUTE THE WORK ORDER FOR A NOT TO EXCEED
AMOUNT OF $158,695 AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM (PROJECT #90536) –
MEETING THE PERMIT REQUIREMENTS BY FDEP
Item #16A25
RELEASE OF A CODE ENFORCEMENT LIEN WITH A VALUE
OF $477,680.29 FOR PAYMENT OF $530.29 IN THE CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS V. JUAN CERVANTEZ AND MARION
HERNANDEZ, CODE ENFORCEMENT BOARD CASE NO.
CESD20110002352 RELATING TO PROPERTY LOCATED AT
2915 DIMAR LN, COLLIER COUNTY, FLORIDA – FOR A
VIOLATION CONSISTING OF A CARPORT ADDITION AND A
ROOF OVER THE MOBILE HOME ERECTED WITHOUT A
COLLIER COUNTY BUILDING PERMIT – WHICH WAS
BROUGHT INTO COMPLIANCE ON AUGUST 9, 2018
Item #16A26
RESOLUTION 2019-05: THE BOARD ADOPT A COMPLETE
STREETS POLICY IN FURTHERANCE OF THE GOALS,
POLICIES AND OBJECTIVES OF THE TRANSPORTATION
ELEMENT OF THE COUNTY’S COMPREHENSIVE PLAN
Item #16B1
January 8, 2019
Page 146
REIMBURSEMENT PAYMENT TO CELEBRATION FOOD
TRUCK PARK/NAPLES 2.0, LLC. IN THE AMOUNT OF $10,000
FOR WORK PERFORMED BY ACADIAN BUILDERS, 4573
EXCHANGE AVENUE #4, NAPLES, FLORIDA 34104 TO
RELOCATE THE EXISTING BAYSHORE BEAUTIFICATION
MSTU IRRIGATION PUMP LOCATED WITHIN THE
BAYSHORE BEAUTIFICATION MSTU EASEMENT
Item #16C1
SELECTION COMMITTEE RANKINGS AND TO AUTHORIZE
STAFF TO ENTER INTO CONTRACT NEGOTIATIONS WITH
THE TOP-RANKED FIRM, AECOM TECHNICAL SERVICES,
INC., FOR REQUEST FOR PROFESSIONAL SERVICES NO. 18-
7370, PUBLIC UTILITIES WATER-SEWER DISTRICT MASTER
PLAN (PROJECT #70031)
Item #16C2
AMENDMENT #3 TO AGREEMENT #11-5782 WITH AECOM
TECHNICAL SERVICES, INC., IN THE AMOUNT OF $923,344,
FOR BASIN 306 (PROJECT NUMBER 70142) OF THE
"WASTEWATER BASIN PROGRAM" FOR ADDITIONAL
PROFESSIONAL SERVICES DURING CONSTRUCTION
Item #16C3
A WORK ORDER IN THE AMOUNT OF $274,549.32
PURSUANT TO A REQUEST FOR QUOTATION UNDER
AGREEMENT NO. 14-6213 TO QUALITY ENTERPRISES USA,
January 8, 2019
Page 147
INC., AND TO AUTHORIZE THE NECESSARY BUDGET
AMENDMENT FOR THE SCRWTP SURGE CONTROL SYSTEM
(PROJECT NO. 70136) – PROVIDING FOR A COMPLIANT AND
RELIABLE POTABLE WATER SYSTEM CCWSD CUSTOMERS
Item #16C4
AWARD INVITATION TO BID NO. 18-7369, “PORTABLE
TOILET RENTAL AND SERVICING,” TO J.W. CRAFT, INC.,
FOR COUNTY-WIDE PORTABLE TOILET RENTAL AND
SERVICING
Item #16C5
AWARD AN AGREEMENT FOR INVITATION TO BID NO. 18-
7418, “STORM SHUTTER PREVENTATIVE MAINTENANCE
AND REPAIR,” TO ADFS, LLC FOR COUNTY-WIDE SHUTTER
SERVICES
Item #16C6
A TENANT ESTOPPEL CERTIFICATE AND A
SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT
AGREEMENT RELATED TO A LEASE AGREEMENT WITH
KRAFT OFFICE CENTER, LLC. ON PINE RIDGE ROAD TO
TEMPORARILY ACCOMMODATE THE AGRICULTURE
EXTENSION OFFICE DUE TO DAMAGE CAUSED BY
HURRICANE IRMA – WHICH WILL EXPIRE ON FEBRUARY
14, 2019, WITH NO RIGHT TO RENEW, EXTEND, OR
TERMINATE THE LEASE
January 8, 2019
Page 148
Item #16C7
THE COUNTY TO UTILIZE THE MONETARY AWARD
RECEIVED FROM FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC) AND THE COST
SHARE BY COLLIER COUNTY IN THE TOTAL AMOUNT OF
$50,500, AS FUTURE FUNDING TO RETROFIT COMMERCIAL
RECEPTACLES AND/OR TO PURCHASE BEAR-RESISTANT
CONTAINERS WHEN THEY BECOME COMMERCIALLY
PROVEN AND AVAILABLE, AND TO AUTHORIZE ALL
NECESSARY BUDGET AMENDMENTS
Item #16C8
BUDGET AMENDMENTS TO REALLOCATE PUBLIC
UTILITIES DEPARTMENT WASTEWATER CAPITAL PROJECT
FUNDS PENDING HURRICANE IRMA REIMBURSEMENTS
FROM FEMA AND THE STATE OF FLORIDA – TO REMAIN IN
COMPLIANCE AND MEET THE DEMAND THROUGHOUT
THE WASTEWATER COLLECTIONS AND TREATMENT
SYSTEM
Item #16C9
A $193,000 BUDGET AMENDMENT TO REALLOCATE
FUNDING FOR THE PURCHASE OF 29 REPLACEMENT
PUMPS FOR PUMP STATIONS FOR THE PUBLIC UTILITIES
DEPARTMENT WASTEWATER DIVISION COLLECTIONS
SYSTEM
Item #16C10
January 8, 2019
Page 149
AWARD INVITATION TO BID NO. 18-7464, “CHILLERS
PREVENTATIVE MAINTENANCE AND REPAIRS,” TO TAMPA
BAY SYSTEM SALES, INC. D/B/A TAMPA BAY TRANE FOR
COUNTY-WIDE CHILLER PREVENTATIVE MAINTENANCE
AND REPAIR SERVICES
Item #16D1
THE CHAIRMAN TO SIGN A MEMORANDA OF
UNDERSTANDING (MOU) WITH LUTHERAN SERVICES
FLORIDA TO PROVIDE A SAFE PLACE AND SHELTER FOR
SAFETY OF HOMELESS AND RUNAWAY YOUTH IN THE
COMMUNITY
Item #16D2
INVITATION TO BID (ITB) NO. 18-7461 “BENCHES AND
BLEACHERS” TO SOUTHEASTERN SEATING, INC., AND
AUTHORIZE STAFF TO ISSUE PURCHASE ORDER(S)
TOTALING $119,562.48 – REPLACING 36 BLEACHERS AND
BENCHES AT VARIOUS PARK FACILITIES DAMAGED BY
HURRICANE IRMA
Item #16D3
CONSERVATION COLLIER 2016-2018 ANNUAL REPORT TO
PROVIDE THE BOARD OF COUNTY COMMISSIONERS
(BOARD) AND PUBLIC WITH AN UPDATE ON THE
PROGRAM’S ACTIVITIES DURING 2016-2018
January 8, 2019
Page 150
Item #16D4
THE PEPPER RANCH PRESERVE FINAL MANAGEMENT
PLAN 5-YEAR UPDATE UNDER THE CONSERVATION
COLLIER LAND ACQUISITION PROGRAM – LOCATED ON
THE NORTH SHORE OF LAKE TRAFFORD
Item #16D5
A GRANT DONATION FROM THE C.W. DONLEY MEMORIAL
FUND THROUGH THE BRANCH COUNTY COMMUNITY
FOUNDATION IN THE AMOUNT OF $500 FOR GENERAL
SUPPORT OF THE COLLIER COUNTY PUBLIC LIBRARY – BY
DR. C.C. AND ANN WU
Item #16D6
AN AGREEMENT WITH OMEGA HEALTH SERVICES, LLC
D/B/A OMEGA CARE SERVICES PURSUANT TO THE BOARD
OF COUNTY COMMISSIONER’S (BOARD) PREVIOUS
AWARD UNDER REQUEST FOR PROPOSAL (RFP) #18-7470,
SERVICES FOR SENIORS – IN HOME AND OUT OF HOME
SERVICES TO THE ELDERLY
Item #16D7 - Continued Indefinitely (Per Agenda Change Sheet)
RECOMMENDATION TO AWARD SIX (6) AGREEMENTS FOR
REQUEST FOR QUALIFICATIONS (RFQ) #18-7459 “EXOTIC
VEGETATION REMOVAL” TO MULTIPLE VENDORS AND
AUTHORIZE THE CHAIRMAN TO EXECUTE THE
AGREEMENTS
January 8, 2019
Page 151
Item #16D8
A SOLE SOURCE WAIVER FOR A PERIOD OF ONE (1) YEAR
FOR THE PURCHASE OF IRRIGATION PUMP SYSTEMS
DESIGN, INSTALL, SERVICE, AND REPAIR FROM HOOVER
PUMPING SYSTEMS CORPORATION AS A SOLE SOURCE
VENDOR
Item #16D9
THE CARACARA PRAIRIE PRESERVE CATTLE LEASE
AGREEMENT WITH LABELLE RANCH, INC. UNDER THE
CONSERVATION COLLIER PROGRAM AND DIRECT THE
COUNTY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT
THE LEASE TERMS – COMMENCING MARCH 1, 2019 FOR
FIVE YEARS WITH TWO ADDITIONAL ON YEAR TERMS
Item #16E1
PARTICIPATION AGREEMENT #19-001-WV WITH
COOPERATIVE SERVICES OF FLORIDA, INC., AS A SINGLE
SOURCE VENDOR FOR THE PURCHASE OF MEDICATIONS
AND SUPPLIES FOR USE BY THE EMERGENCY MEDICAL
SERVICES DIVISION AND AUTHORIZE PAYMENTS BE
MADE TO LEESAR, INC., AS THE PRIMARY DISTRIBUTOR
AND SUPPLIER OF PRODUCTS PURCHASED UNDER THIS
AGREEMENT
Item #16E2
January 8, 2019
Page 152
THE ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16E3
THE REPORT FOR THE SALE OF ITEMS AND
DISBURSEMENT OF FUNDS ASSOCIATED WITH THE
COUNTY SURPLUS AUCTION HELD ON NOVEMBER 17, 2018
– ON-LINE SALES WERE IN THE AMOUNT OF $891.00 AND
DISPOSED OF EQUIPMENT WITH A NET VALUE OF $2,869.60
Item #16E4 - Continue Change Order #1 for Hannula Landscaping
Contract #18-7303 for Project 60193.1 to the January
22, 2019 BCC Meeting (Per Agenda Change Sheet);
Commissioner Solis Abstained from Voting
(During Agenda Changes)
ADMINISTRATIVE REPORTS PREPARED BY PROCUREMENT
SERVICES DIVISION FOR CHANGE ORDERS AND OTHER
CONTRACTUAL MODIFICATIONS REQUIRING BOARD
APPROVAL – AS DETAILED IN THE EXECUTIVE
SUMMARY
Item #16E5
RENEW NORTH COLLIER FIRE CONTROL AND RESCUE
DISTRICT’S CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY (COPCN) FOR COLLIER COUNTY EMERGENCY
MEDICAL SERVICES TO PROVIDE CLASS 1 ADVANCED
January 8, 2019
Page 153
LIFE SUPPORT NON-TRANSPORT (ALS) FOR ONE YEAR
AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE
PERMIT AND CERTIFICATE
Item #16F1
THE HIRING OF THREE (3) FULL-TIME EMPLOYEES IN
PLACE OF TEMPORARY LABORERS USED BY THE PELICAN
BAY SERVICES DIVISION TO MAINTAIN THE COMMUNITY,
AND TO AUTHORIZE THE NECESSARY BUDGET
AMENDMENT
Item #16G1
(AA) RESOLUTION 2019-06: THE CHAIRMAN TO EXECUTE
THE ATTACHED RESOLUTION AUTHORIZING EXECUTION
OF CONTRACT NO. G0Z12 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE DESIGN OF
THE REHABILITATION OF RUNWAY 18/36 AT THE
IMMOKALEE REGIONAL AIRPORT (FISCAL IMPACT: FDOT
$352,000; LOCAL MATCH $88,000)
Item #16G2
(AA) RESOLUTION 2019-07: THE CHAIRMAN TO EXECUTE
THE ATTACHED RESOLUTION AUTHORIZING EXECUTION
OF CONTRACT NO. G0Z16 WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION TO DESIGN AND
PERMIT SECURITY ENHANCEMENTS AT THE IMMOKALEE
REGIONAL AIRPORT (FISCAL IMPACT: FDOT 200,000;
LOCAL MATCH $50,000)
January 8, 2019
Page 154
Item #16J1
A BUDGET AMENDMENT IN THE AMOUNT OF $150,000
FROM THE CLERK'S COURT AGENCY FUND 651 TO THE
SHERIFF FOR CRIMINAL JUSTICE TRAINING AND
EDUCATIONAL EXPENSES IN ACCORDANCE WITH
SECTION 938.15, FLORIDA STATUTES
Item #16J2
THE BOARD APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF JANUARY 2, 2019
Item #16J3
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN NOVEMBER 29 AND
DECEMBER 26, 2018 PURSUANT TO FLORIDA STATUTE
136.06
Item #16K1
THE CHAIR TO EXECUTE A SETTLEMENT AGREEMENT
AND MUTUAL RELEASE IN THE LAWSUIT STYLED LOUIS
M. PATERNOSTRO V. REGENT PARK VILLAS I
ASSOCIATION, INC. AND COLLIER COUNTY (CASE NO. 17-
January 8, 2019
Page 155
CA-001508), NOW PENDING IN THE CIRCUIT COURT OF THE
TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER
COUNTY, FLORIDA, FOR THE SUM OF $23,500
Item #16K2
A STIPULATED FINAL JUDGMENT FOR FINAL
COMPENSATION IN THE AMOUNT OF $2,300, WHICH
INCLUDES ALL ATTORNEY FEES AND EXPERT FEES AND
COSTS, FOR THE TAKING OF PARCEL 101DUE IN THE
EMINENT DOMAIN LAWSUIT STYLED COLLIER COUNTY V.
HENRY ALLEN FISH, ET AL., CASE NO. 15-CA-1810,
REQUIRED FOR THE LAKE TRAFFORD ROAD AND NORTH
19TH STREET INTERSECTION IMPROVEMENT PROJECT NO.
60016 (FISCAL IMPACT: $1,000)
Item #16K3
RESOLUTION 2019-08: APPOINT ONE MEMBER TO THE
BAYSHORE/ GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD – APPOINTING
CAMILLE KEILTY WITH TERM EXPIRING ON MAY 22, 2020
Item #16K4
RESOLUTION 2019-09: APPOINT ONE MEMBER TO THE
CONTRACTORS LICENSING BOARD – APPOINTING JEFFREY
T. WILLIAMS AS THE CONSUMER REPRESENTATIVE WITH
TERM EXPIRING ON JUNE 30, 2019
Item #16K5
January 8, 2019
Page 156
RESOLUTION 2019-10: REAPPOINT THREE MEMBERS TO
THE PARKS AND RECREATION ADVISORY BOARD –
REAPPOINTING MARY BILLS, PHIL BROUGHAM, AND
EDWARD “SKI” OLESKY WITH ALL THREE TERMS
EXPIRING ON DECEMBER 31, 2022
Item #17A
RESOLUTION 2019-11: A RESOLUTION PROPOSING
AMENDMENT TO THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN, ORDINANCE 89-05, AS AMENDED,
SPECIFICALLY AMENDING THE POTABLE WATER SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT TO
AMEND POLICY 1.7 TO REFERENCE THE UPDATED TEN-
YEAR WATER SUPPLY FACILITIES WORK PLAN, AND
FURTHERMORE DIRECTING TRANSMITTAL OF THE
AMENDMENT TO THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY (TRANSMITTAL HEARING)
(PL20180002552/CPSP-2018-6)
*****
January 8, 2019
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 1 :02 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL
r , 7 AO
C-'u' . / ' .r.. tr..400
Willia % L. McDaniel, JR., Chairman
ATTEST:
CRYSTAL K. KINZEL, CLERK
_i---)10,,_ : ,
Att s as to Chairman''
11
signature any.
These minutes approved by the Board on rua 11 3l°t ,
as presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 158
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Third Floor WHICH I SERVE ISAUNITOF:
CITY COUNTY ❑CITY Cf COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
January 8, 2019 Cif ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under
Sec..163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on January 8 20 19
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
•
inured to the special gain or loss of my business associate,
•
inured to the special gain or loss of my relative,
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of , which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On January 8, 2019, the Board of County Commissioners will consider Agenda Item 16-E-4, a recommendation
to approve the Administrative Reports prepared by the Procurement Services Division for change orders and
other contractual modifications requiring Board approval.
A vendor listed in the reports, Industrial Scientific Corporation, is a client of my law firm and in an abundance of
caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
January 8, 2019
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis, Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Third Floor WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY @ COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
January 8, 2019 af ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on January 8 20 19
(a)A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
•
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of , which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On January 8, 2019, the Board of County Commissioners will consider Agenda Item 16-A-15, a recommendation
to approve for recording the minor final plat of Sungate Center P.U.D. Partial Replat,Application Number
PL20180002357.
The owner, Collier Health Services, Inc., is a client of my law firm and in an abundance of caution, I will abstain
from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
January 8, 2019 67 6-
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 88-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis, Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Third Floor WHICH I SERVE ISA UNIT OF:
CITY COUNTY CICITY di COUNTY CIOTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION.
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
January 8, 2019 d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on January 8 20 19
(a)A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On January 8, 2019, the Board of County Commissioners will consider Agenda Item 16-A-14, a recommendation
to approve for recording the minor final plat of LaMorada Phase 1, Application Number PL20180002029.
One of the owners, WCI COMMUNITIES LLC, is a client of my law firm and in an abundance of caution, I will
abstain from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict. i!
January 8, 2019
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis, Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Third Floor WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY 121COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
January 8, 2019 af ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on January 8 20 19
(a)A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On January 8, 2019, the Board of County Commissioners will consider Agenda Item 16-A-7, a recommendation
to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for
Raffia Preserve Phase 4, and to authorize the County Manager, or his designee, to release the Final Obligation
Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent.
The owner, WCI COMMUNITIES LLC, is a client of my law firm and in an abundance of caution, I will abstain
from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
January 8, 2019
Date Filed Signatu
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Third Floor WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY dCOUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
January 8, 2019 of ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 88-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on January 8 20 19
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of , which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On January 8, 2019, the Board of County Commissioners will consider Agenda Item 16-A-6, a recommendation
to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for
Raffia Preserve Phase 3, and to authorize the County Manager, or his designee, to release the Final Obligation
Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent.
The owner, WCI COMMUNITIES LLC, is a client of my law firm and in an abundance of caution, I will abstain
from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
i
IJanuary 8, 2019 fa
Date Filed Signat try
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Third Floor WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
January 8, 2019 of ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on January 8 20 19
(a)A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
inured to the special gain or loss of my relative,
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On January 8, 2019, the Board of County Commissioners will consider Agenda Item 16-A-5, a recommendation
to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for
Raffia Preserve Phase 1 B, and to authorize the County Manager, or his designee, to release the Final Obligation
Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent.
The owner, WCI COMMUNITIES LLC, is a client of my law firm and in an abundance of caution, I will abstain
from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
January 8, 2019
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 Tamiami Trail East, Third Floor WHICH I SERVE IS A UNIT OF:
CITY COUNTY ❑CITY of COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED Collier County
8, 2019 MY POSITION IS:
January af ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis hereby disclose that on January 8 20 19
(a)A measure came or will come before my agency which(check one or more)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, •
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On January 8, 2019, the Board of County Commissioners will consider Agenda Item 16-A-4, a recommendation
to approve final acceptance and unconditional conveyance of the potable water and sewer utility facilities for
Raffia Preserve Phase 1A, and to authorize the County Manager, or his designee, to release the Final Obligation
Bond in the total amount of$4,000 to the Project Engineer or the Developer's designated agent.
The owner, WCI COMMUNITIES LLC, is a client of my law firm and in an abundance of caution, I will abstain
from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the natu e of the interest in such a way
as to provide the public with notice of the conflict.
January 8, 2019
Date Filed Signat
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.