BCC Minutes 01/09/2018 RJanuary 9, 2018
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TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, January 9, 2018
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m., in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Andrew Solis
William L. McDaniel, Jr.
Donna Fiala
Burt L. Saunders
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Director of Finance & Accounting
Troy Miller, Communications & Customer Relations
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January 9, 2018
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 9, 2018
9:00 AM
Commissioner Penny Taylor, District 4 – BCC Chair
Commissioner Andy Solis, District 2 – BCC Vice-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner William L. McDaniel, Jr., District 5; CRAB Co-Chair
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 ADDRESS 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 9, 2018
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 Rabbi Ammos Chorny of Beth Tikvah Synagogue
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. December 12, 2017 BCC/Regular Meeting Minutes
C. Selection of Chairman and Vice-Chairman
D. 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,
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the Public Safety Coordinating Council, and the Southwest Regional
Planning Council, and to authorize the new Chairs for both the Board of
County Commissioners and the Community Redevelopment Agency to
execute all documents approved at both this meeting and those documents
which were previously approved but are pending signature.
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
C. RETIREES
D. EMPLOYEE OF THE YEAR
1) Recommendation to recognize Christopher D'Arco, Environmental
Specialist, Senior, Growth Management Department as the 2017
Employee of the Year.
4. PROCLAMATIONS
A. Proclamation recognizing the 21st Annual Rev. Dr. Martin Luther King, Jr.
Day Parade and Celebration in Collier County, and designating January 15,
2018 as a day to remember Dr. King's dream. To be accepted by
representatives of the Collier County Branch of the NAACP - Vincent
Keeys, Diann Keeys, Harold Weeks, Irene Williams, Eliza McClenaghan,
Rhonda Burns and Lissett De La Rosa. Also accepting this proclamation, are
members of the Collier County Black Affairs Advisory Board.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for January 2018
to American Eagle Mortgage - Lauren Maxwell Team. To be accepted by
Lauren Maxwell, Glenn Grant, and Liz Cashman. Also present is Bethany
Sawyer of the Greater Naples Chamber of Commerce.
B. Presentation of the 2017 James V. Mudd Fellowship Award. To be presented
by Tim C. Durham, Executive Director of Corporate Business Operations.
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C. Presentation by the Everglades Society for Historic Preservation to discuss a
resolution in support of a “Historical Village” project in Everglades City.
(Commissioner Fiala).
6. PUBLIC PETITIONS
A. Public Petition request from Mr. Jeff Lane requesting to be reimbursed for
the costs ($17,764.84) that he incurred as a result of a storm drain line
collapse next to his home.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Request to reconsider Item #16A1, moved to Item #11N, from the December
12, 2017 BCC Meeting which reads: Recommendation to approve an
Interlocal Agreement with the City of Naples for the purpose of installation
of License Plate Reading (LPR) cameras within County road rights-of-way.
(Commissioner Solis)
B. Request to reconsider Item #11H, from the December 12, 2017 BCC
Meeting which reads: Recommendation to direct staff to initiate a Request
for Information (RFI) process for two County-owned properties that are
suitable for the development of housing that is affordable in accordance with
the Community Housing Plan. (Commissioner Fiala)
C. Recommendation to approve a Resolution supporting Congressman Francis
Rooney’s efforts to extend the current moratorium on offshore drilling in the
Eastern Gulf of Mexico.
11. COUNTY MANAGER'S REPORT
A. This item was continued from the December 12, 2017 BCC Meeting.
Recommendation to waive competition as a single source vendor and award
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a contract to US Submergent Technologies in an estimated amount of
$1,000,000 for the removal of sand, grit and debris at the North County
Water Reclamation Facility resulting from Hurricane Irma recovery
operations under Project No. 50154. (Steve Messner, PUD Water Division
Director)
12. COUNTY ATTORNEY'S REPORT
A. For the Board of County Commissioners to conduct a Shade Session on
January 23, 2018 at a 1:00 p.m. time certain to discuss the potential
settlement of, and litigation expenditures in, the case of Par One
Homeowners Association, Inc. v. Robert Vocisano, et. al., Case No.
16-CA-0710, now pending in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida.
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
routine and action will be taken by one motion without separate disc ussion 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) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
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participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Restaurant Row Replat,
Application Number PL20170001872.
2) 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 amended final plat of Bent Creek Preserve,
Phase 2B (Application Number PL20170002778) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
3) 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 Arrowhead Reserve
Commercial, Application Number PL20170001890.
4) 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 Carrara at Talis Park, Application
Number PL20140000712; and authorize the release of the
maintenance security.
5) Recommendation to approve final acceptance and unconditional
conveyance of the potable water and sewer utility facilities for
Esplanade Golf and Country Club of Naples, Parcel F,
PL20150002916 and to authorize the County Manager, or his
designee, to release the Final Obligation Bond in the total amount of
$4,000 to the Project Engineer or the Developer’s designated agent.
6) Recommendation to approve an extension for completion and
acceptance of subdivision improvements associated with the
Arrowhead Reserve at Lake Trafford - Block ‘B’ (AR-8686).
7) Recommendation to approve the release of code enforcement liens
with an accrued value of $136,280.86 for payment of $41,080.86 in
the code enforcement actions entitled Board of County
Commissioners v. David H. Schaare, Jr., Code Enforcement Board
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Case No. CESD20110006351 relating to property located at 520 2nd
St NE, Collier County, Florida.
8) Recommendation to approve the release of a code enforcement lien
with an accrued value of $44,713.95 for payment of $613.95 in the
code enforcement action entitled Board of County Commissioners v.
Hunter Rental LLC, Code Enforcement Board Case No.
CESD20140007858 relating to property located at 5261 Hunter Blvd,
Collier County, Florida.
9) Recommendation to accept the conveyance of two Drainage Access
and Maintenance Easements for the SR-29 Drainage Canal. Fiscal
Impact: $55.40.
10) Recommendation to approve a Capital Improvement Project in the
amount of $114,208, for the installation of two (2) Beach Tractor
Shelters to be installed at the Tigertail Beach Park and the Vanderbilt
Beach Parking Garage to facilitate adequate equipment protection and
equipment cleaning operations to prolong useful operational life of
beach cleaning equipment and make a finding that this item promotes
tourism.
11) Recommendation to approve and authorize the Chairman to sign a
Collier County Landscape Maintenance Agreement between Collier
County and RaceTrac Petroleum, Inc. for landscape improvements
within the Immokalee Road Right-of-Way.
12) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage, and utility easement (Parcel
471RDUE) which will be required for the expansion of Golden Gate
Boulevard between Everglades Boulevard and DeSoto Boulevard
(Project 60145). Estimated Fiscal Impact: $14,700.
13) Recommendation to approve a proposal dated December 5, 2017 from
Humiston & Moore Engineers for Collier County Beaches and Inlets
Annual Monitoring for 2018 under Contract #15-6382, authorize the
County Manager or his designee to execute the work order for a not to
exceed amount of $99,000 and makes a finding that this expenditure
promotes tourism.
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14) Recommendation to provide after-the-fact approval for the submittal
of a RESTORE Act Direct Component grant application to the US
Department of Treasury for the preliminary development and design
of the Collier County Comprehensive Watershed Improvement Plan in
the amount of $1,532,077.76.
15) Recommendation to approve Change Order No. 1 to Work Order
#4500177711 in the amount of $53,984, to provide an additional 95
days of inspection services with AECOM, Inc. for the Haldeman
Creek Weir (Project No. 60103).
16) Recommendation to approve and authorize the Chair to execute
Contract #16-7011, “Professional Design and Related Services
for Palm River Boulevard over Palm River Canal Bridge Replacement
Project 66066 (Bridge Number 034046)” in the amount of $560,680
with CH2M Hill Engineers, Inc. and authorize the necessary budget
amendment.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRAB), award RFP
#17-7050 Bayshore Gateway Triangle CRA Redevelopment Plan
Update to TOA Design Group, LLC in the amount of $142,730 and
authorize the Chairman to execute the attached contract.
2) Recommendation that the Board of County Commissioners, acting as
the Community Redevelopment Agency Board (CRAB), decline the
CDBG Grant award of $143,399 to partially fund the Sugden
Regional Park Pathway.
3) Recommendation that the Collier County Community Redevelopment
Agency Board (CRAB) approve and authorize the Chairman to
execute a Commercial Building Improvement Grant Agreement in the
amount of $5,286.45 for property at 3275 Bayshore Dr. and within the
Bayshore Gateway Triangle Community Redevelopment Area.
C. PUBLIC UTILITIES DEPARTMENT
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1) Recommendation to approve a Certification of Financial
Responsibility, as required by the Florida Department of
Environmental Protection, for the renewal of an operating permit for
the deep injection well system at Collier County’s South County
Water Reclamation Facility.
2) Recommendation to execute an Agreement to Compensate Contractor
with the Department of Environmental Protection (“DEP”) related to
its Contract GC-690 with Collier County, thereby facilitating the DEP
to complete payment of a previous $25,000 offer related to the
purchase of a replacement county vehicle.
3) Recommendation to approve First Amendment to the Utility System
Transition Agreement between the Collier County Board of County
Commissioners, as the Governing Board of Collier County, Florida,
and as Ex-Officio the Governing Board of the Collier County Water-
Sewer District, and the Florida Governmental Utility Authority to
delete and replace Section 3.03. (D) Accounts Receivable; Customer
Deposits.
4) Recommendation to authorize an increase of $250,000 to the purchase
order for Bioxide Plus 71, Aktivox and VX456 from Evoqua Water
Technologies LLC for use by the Public Utilities Department
Wastewater Division.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to accept a donation from the Friends of the Collier
County Museum of gift shop inventory valued at $8,180.95 and allow
the Friends to resume collection of the donation box revenues at
Museum locations.
2) Recommendation to approve a Lease Agreement with the District
School Board of Collier County for continued use of property at Eden
Park and Palmetto Elementary Schools.
3) Recommendation to approve Facility Use Agreements between
Collier County Public Library and Collier County Supervisor of
Elections for use of the South Regional Library and the Headquarters
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Library as polling precincts.
4) Recommendation to authorize the Chairman to sign an Amendment to
Florida Fish and Wildlife Conservation Commission (FWC) Youth
Hunt Agreement No. 17081 to allow a youth hog hunt for Collier
County residents at Pepper Ranch Preserve in April 2018.
5) Recommendation to approve and authorize the Chairman to sign the
Memoranda of Understanding with the Southwest Florida Work force
Development Board, Inc. for the delivery of the 21st Century
Community Learning Centers swimming skills and drowning
prevention “Miracle” Program in Immokalee.
6) Recommendation to recognize FY2017/2018 Federal Transit
Administration Section 5311 revenue in the amount of $404,525
awarded to Collier Area Transit (CAT) to provide access to
transportation for the rural areas of the County and authorize all
necessary Budget Amendments.
7) Recommendation to approve the electronic submittal of a Project
Application for Florida Fish and Wildlife Conservation Commission
(FWC) Aquatic Habitat Restoration/Enhancement Section (AHRES)
Funding for the hydrologic modeling of Pepper Ranch Preserve.
8) Recommendation to recognize carry forward interest earned from the
period of July through September 2017 on advanced library funding
received from the Florida Department of State to support library
services and equipment for the use of Collier County residents in the
amount of $1,585.04.
9) Recommendation to approve ten (10) mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) Loan Program in the
combined amount of $118,695.73.
10) Recommendation to approve 14 Release of Liens with a combined
amount of $85,776.18 for single-family owner-occupied properties
that have remained affordable for the required 15-year period set forth
in the State Housing Initiatives Partnership (SHIP) Impact Fee
Program deferral agreements.
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January 9, 2018
11) Recommendation to accept a grant award from the Florida Fish and
Wildlife Conservation Commission (FWC) in the amount of $3,675
for the purchase and delivery of three (3) Bearsaver Trash Receptacles
for three (3) Collier County park sites located in Immokalee and
authorize any necessary budget amendments.
12) Recommendation to accept an FY17-18 Federal Transit
Administration (FTA) Section 5310 Grant award in the amount of
$345,921, authorize the necessary budget amendments, and approve
the purchase of three (3) paratransit vehicles and radios using those
funds.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to award Invitation to Bid (ITB) #17-7173 “2018
Computer Supplier for Collier County” to Staples Contract &
Commercial, Inc. and Computers at Work! Inc. d/b/a vTECHio.
2) Recommendation to approve the addition of one (1) classification to
the 2018 Fiscal Year Pay & Classification Plan made from October 1,
2017 through December 31, 2017.
3) Recommendation to approve and authorize the Collier County EMS
Chief and EMS Flight Program Manager to sign the attached Access
and Confidentiality Agreement to obtain access to patient outcomes
from Lee Memorial Hospital utilizing the EPIC Software System.
4) Recommendation to approve a Resolution declaring a public purpose
for Collier County EMS Division to accept unsolicited donations from
members of the public provided in appreciation for County EMS
services.
5) Recommendation to waive competition and approve Dobbs
Equipment, LLC, as a single source vendor for fleet parts, repairs, and
services for John Deere, Hitachi, and BOMAG heavy equipment for
the period FY 2018 through FY 2022.
6) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
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notification of revenue disbursement.
7) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
8) Recommendation to accept the Department of Homeland Security
(DHS) Federally-Funded Sub-grant Agreement 18-DS-xx-09-21-01-
xxx in the amount of $27,305 for All Hazards Incident Training and
approve the associated budget amendment.
9) Recommendation to authorize the County Manager to execute a
Federally-Funded Sub-Award and Grant Agreement through the
Florida Division of Emergency Management (FDEM) and subsequent
amendments for reimbursement of expenditures associated with
preparation, response and recovery from Hurricane Irma.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a report covering budget amendments
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2017-18 Adopted Budget.
3) Recommendation to transfer the balance of $15,500 of the BCC
approved $125,000 funding commitment in support of the Naples is
Rockin’ concert event that took place on December 9, 2017 to the
Community Foundation of Collier County, amend the Memorandum
of Understanding with the Community Foundation, and make a
finding that this item promotes tourism.
4) Recommendation to approve additional FY 2018 budget amendments
covering post Hurricane Irma clean up and recovery for Debris
Removal.
G. AIRPORT AUTHORITY
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1) Recommendation to approve an Assumption Agreement and Second
Amendment to a Commercial Aviation Operations License
Agreement between the Collier County Airport Authority and Career
Aviation Flight Training and Aircraft Rental, Holding, LLC, relating
to operations at the Marco Island Executive Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to direct the County Attorney to advertise an
ordinance making it unlawful to knowingly hire an unlicensed
contractor.
2) Recommendation to direct the County Attorney to adv ertise an
ordinance regulating the harvesting of Palmetto Berries and other
natural resources.
3) Recommendation recognizing U.S. Coast Guard Auxiliary Flotilla 95,
Marco Island, for 50 years of making Collier County safer for boaters
and for its commitment to its mission for the next 50 years. This
proclamation will be presented by Commissioner Fiala to Flotilla 95
at its 50 Anniversary/Change of Watch Celebration January 13, 2018.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve an agreement authorizing the Collier
County Supervisor of Elections to accept federal election activities
funds with a 15% matching contribution and to authorize the Board of
Collier County Commissioner’s Chair to sign the Certificate
Regarding Matching Funds and Certificate of Equipment for Casting
and Counting Ballots.
2) 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 30 and December 27, 2017 pursuant to
Florida Statute 136.06.
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January 9, 2018
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of January 3,
2018.
4) Request Seeking ratification of proposed settlement agreement and
full and final mutual general release between the County and Southern
Sanitation in the amount of $2,546,110 for two invoices originally
billed at $2,817,900 which is a $271,790 (9.6%) reduction.
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to retain James L.
Nulman, Esq. of Nulman Mediation Services as needed for general
litigation cases involving Collier County.
2) Recommendation to approve a Third Amendment to Agreement for
Legal Services relating to a Retention Agreement with Allen, Norton
& Blue, P.A., extending the expiration date to February 26, 2021 and
increasing the hourly rate for partners and associates by $10.00 .
3) Recommendation to declare a vacancy on the Animal Services
Advisory Board.
4) Recommendation to reappoint three members to the Development
Services Advisory Committee.
5) Recommendation to appoint two members to the Golden Gate
Community Center Advisory Board.
6) Recommendation to appoint a member to the Radio Road
Beautification Advisory Committee.
7) Recommendation to approve a Stipulated Final Judgment in the
amount of $5,500 as full compensation for the taking of Parcel
433RDUE in the case styled Collier County v. Angel Crespo, et al.,
Case No. 17-CA-1386, required for improvements to Golden Gate
Boulevard (Project No. 60145). (Fiscal Impact: $1,170)
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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
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 approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2017-18 Adopted Budget. This item requires that ex parte
disclosure be provided by Commission.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER’S OFFICE AT 252-8383.
January 9, 2018
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MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN TAYLOR: Good morning. Good morning,
everyone.
Brand new year, 2018. So glad to see so many people here,
especially we have a very special guest this morning. Mrs. Mudd,
we're so glad you're with us today. Would you stand up, please.
(Applause.)
CHAIRMAN TAYLOR: Tony was the wife of our former
county manager and makes a visit once a year at least to us here, and
we're very, very glad you're here this morning.
On that, we have an invocation by Rabbi Ramos Ammos Chorny
of the Beth Tikvah Synagogue, and after that we're going to stand and
say the Pledge of Allegiance. And would -- Commissioner Solis,
would you lead us in that, please.
Item #1A
INVOCATION BY RABBI AMMOS CHORNY OF BETH
TIKVAH SYNAGOGUE
RABBI CHORNY: Good morning.
CHAIRMAN TAYLOR: Good morning.
RABBI CHORNY: Acclaim the Lord all the earth, serve the
Lord with gladness, come before him with joyous song.
We dedicate ourselves, this moment, and the work that's about to
be done to you, oh, Lord. And though all things come through you, we
can offer that which is yours.
We have come together in gratitude and in joy to thank you for
the blessings of this day and for the many blessings which are ours.
Joyfully, we offer our labors, our Lord, God of our forefathers, and
pray that you will help us to maintain the spirit of dedication. Always
January 9, 2018
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direct our hearts to you and to continue the work of the people with
faithfulness, with integrity, and great commitment.
Amen.
(The Pledge of Allegiance was recited in unison.)
Item #2A
TODAY'S REGULAR, CONSENT AND SUMMARY AGENDA
AS AMENDED (EX PARTE DISCLOSURE PROVIDED BY
COMMISSION MEMBERS FOR CONSENT AGENDA.) -
APPROVED AND/OR ADOPTED W/CHANGES;
COMMISSIONER SOLIS ABSTAINED FROM VOTING ON
ITEM #16A4 AND #16C4
MR. OCHS: Good morning, Madam Chair, Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners meeting of January 9th, 2018.
And a belated Happy New Year to all.
COMMISSIONER FIALA: Thank you. Same to you.
MR. OCHS: Thank you, ma'am.
The first proposed change is to add Item 11B to this morning's
regular agenda. This is a recommendation to consider request for
payments for the Economic Incubators, Incorporated, contract. That's
made at staff's request.
The next proposed change is to continue indefinitely Item 5C.
This was a presentation by the Everglades Society for Historic
Preservation. The lady that was going to present had an unfortunate
fall and needs to reschedule. So we've just continued that indefinitely
until we hear back from them.
Those are all the changes I have, Madam Chair.
CHAIRMAN TAYLOR: Commissioner McDaniel, any
January 9, 2018
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changes?
COMMISSIONER McDANIEL: No, ma'am.
CHAIRMAN TAYLOR: Additions?
COMMISSIONER McDANIEL: No, ma'am. Do you want ex
parte, too?
CHAIRMAN TAYLOR: Yes.
COMMISSIONER McDANIEL: And no ex parte.
CHAIRMAN TAYLOR: Okay. Commissioner Fiala?
COMMISSIONER FIALA: No changes, no additions, no
corrections, and no ex parte.
CHAIRMAN TAYLOR: Commissioner Solis?
COMMISSIONER SOLIS: No ex parte. I do have a conflict on
16A4 and 16C4 on the consent agenda, so I will abstain from voting on
those.
CHAIRMAN TAYLOR: Okay. Commissioner Saunders?
COMMISSIONER SAUNDERS: Madam Chair, no changes and
no ex parte.
CHAIRMAN TAYLOR: All right. And I have one addition
which was given to me this morning by Commissioner Saunders, and
we're just going to add it as a presentation. I don't know if it would be
5C or 5D. Commissioner Saunders will explain, but it's to us as
commissioners, so I'd like to put it forward.
MR. OCHS: That would be Item 5D.
CHAIRMAN TAYLOR: 5D.
And I have no ex parte and no other changes.
Any other discussion?
(No response.)
CHAIRMAN TAYLOR: Hearing none, all those in favor of
approving the agenda as presented say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
January 9, 2018
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CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously.
Thank you.
Proposed Agenda Changes
Board of County Commissioners Meeting
January 9, 2018
Add On Item 11B: Recommendation to direct the Collier County Clerk of the Circuit Court to pay
Request for Payment numbers 2018-1 ($15,237.23), 2018-2 ($14,979.74), 2018-3 ($14,847.44), and
2018-4 ($14,947.46) totaling $60,011.87 under Fiscal Year 2018 Agreement between Collier County,
Florida, and Economic Incubators, Inc. (Staff’s request)
Continue Item 5C indefinitely: Presentation by the Everglades Society for Historic Preservation to
discuss a resolution in support of a “Historical Village” project in Everglades City (Presenter’s
request)
1/22/2018 11:26 AM
January 9, 2018
Page 6
Item #2B
DECEMBER 12, 2017 BCC/REGULAR MEETING MINUTES -
APPROVED AS PRESENTED
MR. OCHS: Item 2B is approval of the BCC regular meeting
minutes of December 12, 2017.
COMMISSIONER McDANIEL: So moved.
COMMISSIONER FIALA: Second.
CHAIRMAN TAYLOR: Any other discussion?
(No response.)
CHAIRMAN TAYLOR: All those in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed, like sign.
(No response.)
CHAIRMAN TAYLOR: It carries unanimously. Thank you.
Item #2C
SELECTION OF CHAIRMAN AND VICE-CHAIRMAN -
MOTION APPOINTING COMMISSIONER SOLIS AS BCC
CHAIRMAN – APPROVED; MOTION APPOINTING
COMMISSIONER MCDANIEL AS VICE-CHAIRMAN –
APPROVED
MR. OCHS: Item 2C is the annual selection of the board chair
and vice chair.
January 9, 2018
Page 7
COMMISSIONER FIALA: I'd like to make a motion to -- let's
see. How do I want to say it? Nominate.
CHAIRMAN TAYLOR: Yes.
COMMISSIONER FIALA: Okay -- to nominate Commissioner
Solis as our new chairman.
COMMISSIONER SAUNDERS: Second.
COMMISSIONER FIALA: He stands as vice chairman now, and
he's done a great job. I know he'll do a great job as chairman as well.
COMMISSIONER SOLIS: Thank you.
COMMISSIONER SAUNDERS: Second. And move that the
nominations be closed.
COMMISSIONER McDANIEL: Third.
CHAIRMAN TAYLOR: All right.
COMMISSIONER SAUNDERS: Might as well. You have two
motions.
CHAIRMAN TAYLOR: And I just had to add something.
Commissioner Saunders, you had talked about doing it
consecutively -- or numerologically consecutively, and that would
make it Commissioner McDaniel.
COMMISSIONER SAUNDERS: Well, no. What I thought we
would do -- and after we -- all five of us will have had an opportunity
to serve as chair.
CHAIRMAN TAYLOR: Right.
COMMISSIONER SAUNDERS: Commissioner Solis is going
to be chair next, and then my assumption would be that one of -- either
McDaniel or myself would be chair or vice-chair, however that would
work, so that all of us will have served as chair, and then beginning
after that three years, I would have a resolution that says you -- it's
actually by number.
So Commissioner Fiala would then be chair and then so on. That
way there's no politics associated with it; there's no questions. And
January 9, 2018
Page 8
also, you had raised the issue that if you're elected, newly elected, then
you would skip that.
CHAIRMAN TAYLOR: Both Commissioner Fiala and I said
that.
COMMISSIONER SAUNDERS: Yeah.
CHAIRMAN TAYLOR: We don't want a freshman as chair.
COMMISSIONER SAUNDERS: Right. But I wanted to wait to
see how this was going to play out in terms of this year and then the
next two years, which I think we sort of all know how that's going to
play out. So I'll bring this back probably at the next -- sometime in
February I'll bring back the ordinance --
CHAIRMAN TAYLOR: Okay.
COMMISSIONER SAUNDERS: -- to set that in motion.
COMMISSIONER SOLIS: Just -- and I very much appreciate
the nomination.
COMMISSIONER McDANIEL: Do you want it?
COMMISSIONER SOLIS: And I'm honored to serve that way.
COMMISSIONER McDANIEL: Do you want it?
COMMISSIONER SOLIS: Yeah, sure. That's a good question.
COMMISSIONER SAUNDERS: You're not going to have a
choice there on that one.
COMMISSIONER SOLIS: But I would like to know how we're
going to decide, you know, the vice-chair. Is it an arm -- rock, paper,
scissors? What are we doing?
COMMISSIONER SAUNDERS: No. I was going to make a
motion subsequent to this to have Mr. McDaniel.
COMMISSIONER FIALA: I'll go along with that.
COMMISSIONER SAUNDERS: That's not on this motion.
COMMISSIONER McDANIEL: Vote on the first -- oh, you
want to do them both right now?
COMMISSIONER SOLIS: No. I was hoping for arm wrestling.
January 9, 2018
Page 9
COMMISSIONER SAUNDERS: Well, if the chair will permit in
addition to, or --
CHAIRMAN TAYLOR: Well, let's take care of -- well, it's
closed. So let's -- one step at a time, or else we'll have some folks from
the audience deciding they're going to be chair. So let's just --
COMMISSIONER McDANIEL: Vincent.
CHAIRMAN TAYLOR: The nominations have closed, and so
we have Commissioner Solis who's been nominated. And we don't
need second nominations, it's my understanding, but we do have a
second, which is Commissioner Saunders.
COMMISSIONER FIALA: I think we have a third, too.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN TAYLOR: Okay. All right. So all those in favor
of Commissioner Solis becoming chairman, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN TAYLOR: Aye.
COMMISSIONER SOLIS: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN TAYLOR: Those opposed?
(No response.)
CHAIRMAN TAYLOR: Congratulations.
COMMISSIONER SOLIS: Thank you. Thank you.
(Applause.)
COMMISSIONER TAYLOR: Now, would you like to conduct
the rest of the meeting?
CHAIRMAN SOLIS: I will, but first I would like to --
COMMISSIONER TAYLOR: Oh, the proverbial.
CHAIRMAN SOLIS: The proverbial, but it's a very well
deserved --
COMMISSIONER McDANIEL: Oh, look at that.
January 9, 2018
Page 10
CHAIRMAN SOLIS: -- plaque for Commissioner Taylor, and it
says, in grateful appreciation, Commissioner Penny Taylor, Chairman,
for outstanding leadership, and I would emphasize that, because I think
this year went as well as it could possibly have gone. I think you ran
great meetings and you've been a real leader in bringing the
Commission together after --
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: -- some rocky times. So I congratulate
you on a wonderful job, and here you go.
COMMISSIONER TAYLOR: Thank you very much. Thank
you.
(Applause.)
COMMISSIONER TAYLOR: So I think it's fitting at this point
that we put you in your proper place, sir, which is in the center.
CHAIRMAN SOLIS: Oh, okay.
COMMISSIONER McDANIEL: She actually specified what his
proper place is.
COMMISSIONER TAYLOR: In control.
CHAIRMAN SOLIS: Well, thank you very much. We'll switch.
And I guess we can switch the monitors somehow.
MR. OCHS: Well, customarily, Commissioners, right after we
select the chair and vice-chair, we usually take a couple-minute break
to allow you all to get resituated in your new chairs and get you logged
into the right thing, so --
COMMISSIONER TAYLOR: We're speedy.
MR. OCHS: Right. You're ahead of me, as usual. Yes, thank
you.
COMMISSIONER TAYLOR: Thank you very much. I just -- I
want to say thank you for this opportunity to serve you and to work
with you. It's been an interesting year. And I look forward to 2018.
And I'm so sorry that Alabama lost last night. My heart was with
January 9, 2018
Page 11
Georgia and -- but what a game. And it's kind of fitting. All this is
just kind of roll, Solis roll.
COMMISSIONER McDANIEL: Roll tide. You can put the sign
up, if you want to.
CHAIRMAN SOLIS: No. But I would like to say again what a
wonderful job I think Commissioner Taylor did as our chairman last
year setting the tones of the meetings and keeping things very
collegial. I think we went through some -- you know, we had to make
some big decisions, and we did that in a very respectful manner even
though we disagreed on a lot of things. And I think it was a testament
to her leadership. So thanks again.
COMMISSIONER TAYLOR: You're welcome. Alabama goes
here.
CHAIRMAN SOLIS: Roll tide. One more time.
MR. OCHS: Mr. Chair, it's appropriate to take nominations for, I
think, vice chair.
CHAIRMAN SOLIS: Vice chair.
COMMISSIONER SAUNDERS: Mr. Chairman, if I might, I
would like to move that Mr. McDaniel be the vice chair.
COMMISSIONER FIALA: I'll second that motion.
COMMISSIONER McDANIEL: I'll be happy to.
CHAIRMAN SOLIS: There's a motion and a second.
COMMISSIONER McDANIEL: And we are interchangeable, so
I'll be -- I'm good with that. I'm good with that, so...
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: Can I vote for myself?
January 9, 2018
Page 12
CHAIRMAN SOLIS: Sure.
COMMISSIONER TAYLOR: Yeah, yeah. Of course you can.
COMMISSIONER McDANIEL: We don't have to change. I can
stay here and be vice chair, can't I?
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN SOLIS: It's up to the chair.
COMMISSIONER McDANIEL: Oh, yes. Sir, can I stay in my
seat?
CHAIRMAN SOLIS: Commissioner, you can sit wherever you
like, as far as I'm concerned, so...
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: Okay. So is there an agenda sheet?
COMMISSIONER TAYLOR: Yes, there is an agenda. Yes, you
may. It's right here.
CHAIRMAN SOLIS: Thank you.
Item #2D
BOARD APPOINTED MEMBERS TO OFFICES OF THE BOARD
OF COUNTY COMMISSIONERS, THE COMMUNITY
REDEVELOPMENT AGENCY, THE TOURIST DEVELOPMENT
BOARD, THE COMMUNITY AND ECONOMIC
DEVELOPMENT BOARD, THE PUBLIC SAFETY
COORDINATING COUNCIL, AND THE SOUTHWEST
REGIONAL PLANNING COUNCIL, AND TO AUTHORIZE THE
NEW CHAIRS FOR BOTH THE BOARD OF COUNTY
COMMISSIONERS AND THE COMMUNITY
REDEVELOPMENT AGENCY TO EXECUTE ALL
DOCUMENTS APPROVED AT BOTH THIS MEETING AND
THOSE DOCUMENTS WHICH WERE PREVIOUSLY
APPROVED BUT ARE PENDING SIGNATURE - MOTION
January 9, 2018
Page 13
APPOINTING COMMISSIONER MCDANIEL TO REPRESENT
THE IMMOKALEE CRA AND COMMISSIONER FIALA TO
REPRESENT THE BAYSHORE GATEWAY TRIANGLE CRA –
APPROVED; MOTION APPOINTING COMMISSIONER FIALA
TO THE TDC – APPROVED; MOTION APPOINTING
COMMISSIONER TAYLOR TO THE EDC – APPROVED;
MOTION APPOINTING COMMISSIONER MCDANIEL TO THE
PSCC AND THE SWFRPC – APPROVED; MOTION
APPOINTING COMMISSIONER SAUNDERS LIAISON TO THE
OFFICE OF THE CLERK OF COURTS – APPROVED
MR. OCHS: Mr. Chairman, that moves us to Item 2D, and that's
appointment of other various board positions, I think beginning with
the chairmanship of your Community Redevelopment Agency.
During the past year you had co-chairs of the CRA. Both
Commissioner Fiala and Commissioner McDaniel co-chaired the
CRAs.
COMMISSIONER FIALA: I would love to continue on as
chairman, but I think it's also important that we have a chairman for
the Immokalee CRA because each one has specialty in those areas, and
so if it would please you, I would love to have you nominate me as a
chair for the CRA, and Commissioner McDaniel.
COMMISSIONER McDANIEL: Co-chair. Just do like what we
did last year, co-chair?
COMMISSIONER FIALA: Yeah, that's good.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make that
motion then.
CHAIRMAN SOLIS: And I'll second.
All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
January 9, 2018
Page 14
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Well, thank you. And I think it's a
wonderful idea to have both of you because of the location of the two
CRAs --
COMMISSIONER FIALA: It works so well.
CHAIRMAN SOLIS: -- and your experience, yeah.
COMMISSIONER TAYLOR: Except I do have to say this: You
don't have a CRA in your district anymore.
CHAIRMAN SOLIS: Oh, that's true.
COMMISSIONER FIALA: Right.
COMMISSIONER TAYLOR: So I'll wrestle it from you next
year.
COMMISSIONER FIALA: Well, this is very important to me.
COMMISSIONER TAYLOR: And me too.
COMMISSIONER FIALA: I started back in 1991, and it's
coming finally --
MR. OCHS: Commissioner, if we could get you to speak a little
bit more closely into your microphone.
COMMISSIONER FIALA: Oh, yeah. I wasn't trying to be
secretive. Thank you. Thank you. I appreciate it.
MR. OCHS: Mr. Chairman, your next appointment is to the
Tourist Development board chairmanship.
CHAIRMAN SOLIS: Any nominations?
COMMISSIONER FIALA: For what?
CHAIRMAN SOLIS: Tourist development.
MR. OCHS: Tourist development.
COMMISSIONER FIALA: If nobody wants to do it, I'll do it
January 9, 2018
Page 15
again, because I come from the tourism industry, but then I'm not
volunteering for anything else. I love it.
COMMISSIONER SAUNDERS: Mr. Chairman, if I could ask
one of our colleagues a question. I know Commissioner Fiala has an
interest in that, I know Commissioner Taylor had an interest in that.
Do you still have an interest in that as well?
COMMISSIONER TAYLOR: Yeah, I do, but I also have an
interest in the economic development, so I'd like to --
COMMISSIONER SAUNDERS: Okay. Well, then, I'll make a
motion to reappoint Commissioner Fiala to the Tourist Development
Council.
COMMISSIONER McDANIEL: Second. Second.
COMMISSIONER TAYLOR: All right.
CHAIRMAN SOLIS: We have a motion and a second. All in
favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
COMMISSIONER McDANIEL: And then I'll make a motion for
the Economic Development board for Commissioner Taylor.
COMMISSIONER FIALA: I'll second that motion.
COMMISSIONER TAYLOR: Thank you very much.
CHAIRMAN SOLIS: Okay. There's a motion and a second. All
in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
January 9, 2018
Page 16
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
Congratulations to both of you.
COMMISSIONER TAYLOR: Thank you.
MR. OCHS: Mr. Chairman, the next appointment is for your
Public Safety Coordinating Council.
COMMISSIONER McDANIEL: Am I allowed to speak? For the
next two, I've enjoyed serving on both of these. I feel we made some
really good strides with the Public Safety Coordinating Committee.
That's a joint effort with your efforts, Commissioner, or Mr. Chairman,
with regard to mental illness and drug addiction in our community and
coordinating the efforts with the agencies involved, and we've made
great strides there.
Also, we all know there's been -- on the second part of that is the
RPC, and we know there's been some issues with what's going on with
the Regional Planning Council, and I've enjoyed that service as well.
So I wouldn't mind staying on both of those.
COMMISSIONER FIALA: You know, I would like to make a
motion that -- I'm sorry. I'd like to make a motion that he does that.
One of the RPCs -- one of the things that the RPC has not had too
much of is representation from us. And since Bill McDaniel has been
on that RPC, he's going to all of the meetings and reporting back to us,
and that's been a great help. And so I'm so happy that you volunteered.
That's a great thing. So I'd like to make that motion for both of them.
COMMISSIONER McDANIEL: And, you know, it's all about
relevancy, and we are actually moving that organization over to having
more relevancy for our planning staff and for our communities that are
January 9, 2018
Page 17
involved in the Regional Planning Council.
And Commissioner Taylor has been there as well just --
oftentimes by phone she's attended quite regularly, so just -- it's not all
just me. She was there as well.
COMMISSIONER FIALA: Need a backup.
COMMISSIONER McDANIEL: She was the back-upper, I
think, so...
COMMISSIONER SAUNDERS: I'll second that motion.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. OCHS: I think that takes care of all your appointments, Mr.
Chairman.
COMMISSIONER McDANIEL: Nice.
MR. OCHS: That moves us on to Item 3D.
CHAIRMAN SOLIS: Mr. Manager, one other item I'd like to
bring up, just because I think it's the time to do this, is at the very first
meeting last year in January where we made the appointments was
where we entered into this memorandum of understanding with the
Clerk's Office on, essentially, dispute resolution and those kind of
things, and I was pointed the liaison for the Board to do that. And
now, as chairman, I don't know that it should be me. And I would like
to suggest that Commissioner Saunders be our liaison with the Clerk
now.
January 9, 2018
Page 18
COMMISSIONER FIALA: That sounds like a good idea.
COMMISSIONER SAUNDERS: Yeah. That may be one of the
toughest jobs we have. Just kidding; just kidding. I'll be happy to do
that.
CHAIRMAN SOLIS: Do we need a motion for that?
COMMISSIONER TAYLOR: Probably.
COMMISSIONER FIALA: Let's make that motion.
COMMISSIONER McDANIEL: That would be formal.
COMMISSIONER FIALA: I'll make a motion that
Commissioner Saunders be our liaison with the Clerk of Courts.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. OCHS: Thank you.
Item #3D1
AWARDS AND RECOGNITIONS - RECOGNIZE CHRISTOPHER
D'ARCO, ENVIRONMENTAL SPECIALIST, SENIOR, GROWTH
MANAGEMENT DEPARTMENT AS THE 2017 EMPLOYEE OF
THE YEAR – RECOGNIZED
MR. OCHS: That moves us now to Item 3D1. This is a
recommendation to recognize Chris D'Arco, Environmental Specialist,
January 9, 2018
Page 19
as the Growth Management Department -- from the Growth
Management Department as the 2017 Employee of the Year.
Chris, if you'd step forward, please.
(Applause.)
MR. OCHS: Chris, get right in the middle there, please, for a
photo. And stand there just for a minute while I embarrass you in front
of the rest of the audience here.
Commissioners, Chris has worked with us since 2006 in our
Growth Management Department and most recently in our Coastal
Zone Management Division. He's accepted the responsibility for our
shorebird monitoring in addition to his regular duties as our senior
environmental specialist, saving the county the cost of contracting this
activity, as requested by federal permitting, and adding flexibility,
monitoring skills, and cost savings to the department.
Chris's efforts have saved the county many thousands of dollars,
as this is a yearly activity required by permit. Chris has been relentless
in working with the Estuary Conservation Association to reposition
navigational markers to support public safety and safe boating within
the Wiggins Pass estuary. He was Collier County project manager on
the artificial reef program that restores habitat and rebuilds fish
populations.
Chris is certainly a credit to the organization, very well deserving
of this honor, and it's my honor to present Chris D'Arco as your
Employee of the Year for 2017.
Congratulations, Chris.
(Applause.)
Item #4A
PROCLAMATION RECOGNIZING THE 21ST ANNUAL REV.
DR. MARTIN LUTHER KING, JR. DAY PARADE AND
January 9, 2018
Page 20
CELEBRATION IN COLLIER COUNTY, AND DESIGNATING
JANUARY 15, 2018 AS A DAY TO REMEMBER DR. KING'S
DREAM. ACCEPTED BY REPRESENTATIVES OF THE
COLLIER COUNTY BRANCH OF THE NAACP - VINCENT
KEEYS, DIANN KEEYS, HAROLD WEEKS, IRENE WILLIAMS,
ELIZA MCCLENAGHAN, RHONDA BURNS AND LISSETT DE
LA ROSA. ALSO ACCEPTING THIS PROCLAMATION, ARE
MEMBERS OF THE COLLIER COUNTY BLACK AFFAIRS
ADVISORY BOARD – ADOPTED
MR. OCHS: That takes us to proclamations this morning,
Commissioners.
Item 4A is a proclamation recognizing the 21st annual Reverend
Dr. Martin Luther King, Jr., Day parade and celebration in Collier
County and designating January 15, 2018, as the day to remember Dr.
King's dream. To be accepted by representatives of the Collier County
branch of the NAACP: Vincent Keeys, Diane Keeys, Harold Weeks,
Irene Williams, Eliza McClenaghan, Rhonda Burns, Lissett De La
Rosa; and also accepting this proclamation are other members from the
Collier County Black Affairs Advisory Board.
If you'd all be kind enough to come forward and receive your
proclamation.
CHAIRMAN SOLIS: And as they're coming up, I'd like to read
the proclamation. It says:
Whereas, on the steps of the Lincoln Memorial, Dr. Martin Luther
King, Jr., spoke passionately of his dream in an America where all
citizens would be judged by the content of their character and not by
the color of their skin, where all Americans would enjoy the riches of
freedom and the security of justice, where the doors of opportunity
would be open for all; and,
Whereas, the celebration of Dr. King's birthday is intended as a
January 9, 2018
Page 21
time for all Americans to reaffirm their commitment to the basic
principles that underlie our Declaration of Independence and our
Constitution, equality and justice for all; and,
Whereas, on Monday, January 15th, 2018, all people of Collier
County will remember Dr. King's dream and renew our commitment to
bringing forth positive change throughout our nation; and,
Whereas, during the year 2018, the people of Collier County and
the entire world will remember and reflect on that tragic day 50 years
earlier when, on April 4th, 1968, at the age of 39, Dr. King was taken
from us by a sniper's bullet; and,
Whereas, the Collier County branch of the NAACP will help us
all to remember Dr. King's dream by presenting the 21st Annual Dr.
Martin Luther King, Jr., parade celebration themed "Bridging the
Racial Divide, Dr. King's Legacy of Inclusion and Diversity" to be
held in the City of Naples Monday, January 15th, 2018.
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that Monday, January 15th,
2018, be designated as a day to remember Dr. King's dream.
Thank you.
(Applause.)
COMMISSIONER TAYLOR: Two lines. Back row, front row.
MR. OCHS: Taller in the back; shorter in the front.
COMMISSIONER TAYLOR: Vertically challenged in the front.
There we go.
COMMISSIONER FIALA: Can you see it?
COMMISSIONER TAYLOR: On your toes.
(Applause.)
MS. HETZEL: Commissioner, we're going to do one more.
COMMISSIONER FIALA: Okay. Now let's see.
MR. KEEYS: County Commissioners, good morning. We
would like to thank you for the proclamation, and we would like to
January 9, 2018
Page 22
also address the public and invite everyone out to March with us on
this 50th commemoration of his assassination, and we ask that the
whole entire community please stand with us to march for Dr. Martin
Luther King and what he stood for.
So please join us that day. It will be a grand day. And we thank
you once again for the proclamation this morning.
(Applause.)
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR JANUARY 2018 TO AMERICAN EAGLE
MORTGAGE - LAUREN MAXWELL TEAM. ACCEPTED BY
LAUREN MAXWELL, GLENN GRANT, AND LIZ CASHMAN.
ALSO PRESENT IS BETHANY SAWYER OF THE GREATER
NAPLES CHAMBER OF COMMERCE – PRESENTED
MR. OCHS: Mr. Chairman, that takes us to Item 5, presentations.
Item 5A is a presentation of the Collier County Business of the
Month for January 2018 to American Eagle Mortgage, the Lauren
Maxwell team. To be accepted by Lauren Maxwell, Glenn Grant, and
Liz Cashman, and also Bethany Sawyer from the Greater Naples
Chamber of Commerce, if you'd step forward and receive your
recognition, please.
(Applause.)
COMMISSIONER FIALA: I like that tie.
MS. MAXWELL: I'm Lauren Maxwell with the Maxwell
Mortgage Team of American Eagle Mortgage.
And I want to thank -- thank you to the Naples Chamber, the
County Commissioners, and fellow citizens. We are honored for this
recognition.
January 9, 2018
Page 23
I have been in Naples for 29 years, and I have been helping
families of Collier County buy homes here for 29 years. This year
we've closed over a thousand loans, and almost all of them have been
first-time homebuyers. So that allows us to give back to the
community.
And we have all kinds of fundraisers, and we do give back. My
motto is "I'm Lauren Maxwell financing the world one loan at a time."
Thank you very much.
(Applause.)
Item #5B
PRESENTATION OF THE 2017 JAMES V. MUDD FELLOWSHIP
AWARD - PRESENTED TO LT. COLONEL SHANNON HORNE
MR. OCHS: Item 5B is a presentation of the 2017 James V.
Mudd Fellowship Award. To be presented this morning by Tim
Durham from the County Manager's Office.
Mr. Durham?
MR. DURHAM: Good morning, Commissioners. Happy 2018.
I have the distinct pleasure this morning of presenting the annual
Jim Mudd Fellowship Award which is a part of Leadership Collier.
We have a very distinguished recipient today. We also have some
distinguished guests.
Earlier you recognized Jim Mudd's wife, Toni, who is in our
audience. I believe Reg Buxton is here; he was Jim's classmate in
Leadership Collier; Lieutenant Colonel Paul Garrah, who was also a
recipient of the James V. Mudd Fellowship Award; and Harold Weeks
who was just in here for the Martin Luther King Day celebration
recognition was also a past recipient of this award.
If I can take a couple minutes, I'd just like to talk a little bit about
January 9, 2018
Page 24
Jim Mudd for those that didn't have the pleasure of knowing and
working with him. Jim was a graduate of West Point, the class of
1974. He served 26 years in the U.S. Army, retired as a colonel, and in
the first Gulf War, he was part of General Schwarzkopf's planning
staff. He was a professional engineer by trade and served as County
Manager from 2002 to 2009.
The James V. Mudd Fellowship Award was created by the
Leadership Collier Foundation to honor former County Manager Jim
Mudd for his outstanding leadership in public service, and his legacy is
stewardship.
The fellowship was established to provide funding for distinctive
recipients to pay for their tuition to participate in the Leadership
Collier program. The selectee is picked by a confidential committee
that considers, essentially, four key criteria that include integrity, being
result-oriented in a positive and inclusive way, selfless community
service, and inspiring others to collaborate, follow, and lead.
At this time I'd like to ask Jim Von Rinteln to come forward. Jim,
if you would come up here. Jim is the 2011 recipient of the James V.
Mudd Fellowship Award, and he's going to introduce this year's
selectee.
MR. VON RINTELN: Thank you, Tim.
Good morning, Commissioners, and our special guest, Toni
Mudd, ladies and gentlemen.
As mentioned, my name is Jim Von Rinteln, Leadership Collier
Class of 2012, the best class.
It's my distinct pleasure this morning to introduce this year's
James V. Mudd Fellow, Shannon Horne. Shannon is originally from
Barrington, Illinois. She graduated from United States Military
Academy at West Point in 1995 with a bachelor of science degree in
Engineering.
Upon graduation, she was commissioned a second lieutenant in
January 9, 2018
Page 25
the ordinance branch of the United States Army serving in numerous
locations around the country and the world in increasingly challenging
responsible positions.
In 1998, Shannon transitioned with her family from the active
component of the military to the army reserve component and was able
to make Naples her home.
Here in Naples, she has worked as a marketing consultant and in
real estate while simultaneously maintaining her army career, most
recently serving as the West Point liaison officer for South Florida
mentoring hundreds of our local students towards their goal of
attending a service academy.
Shannon is married to Paul Horne, who some of you may know
as a teacher and the offensive football coordinator at Naples High
School. Together, they are the parents of five children, and so far two
of them are following in their parents footsteps. Their oldest is an
engineering, ROTC, and football student at college in Indianapolis,
and their second oldest, Kirby, is going to be entering West Point
currently at the prep school, going to be entering West Point as a plebe
next year, so following in her mom's footsteps there, and then I think
we've got the rest of the clan back there. We have Darby, Abby, and
Toby.
Shannon truly epitomizes the tenets of this award with leadership,
integrity, team work, and public service.
Ladies and gentlemen, it is -- I'm very glad that we finally have --
and I know Toni is an alumni of Jim Mudd's Alma Mater West Point
as a Jim Mudd fellow. May I present to you Lieutenant Colonel
Shannon Horne, the 2017 James V. Mudd Fellow.
(Applause.)
MR. DURHAM: Could I have the other awardees come forward.
Also, Michael Dalby, if you would come forward and, Mrs. Mudd, if
you would please join us.
January 9, 2018
Page 26
MR. VON RINTELN: We were going to let you do the honors.
MR. OCHS: Mr. Durham was too modest to mention he was a
former recipient of the award as well.
MR. DURHAM: They do make accidents from time to time.
(Applause.)
MR. DURHAM: Let's do one picture with the family, please.
MS. HORNE: Mrs. Mudd, will you stand up here.
MR. VON RINTELN: You don't get to keep it.
MR. OCHS: Traveling trophy.
MS. HORNE: Thank you.
MR. OCHS: Congratulations.
MR. DURHAM: Shannon, would you like to say a few words?
MS. HORNE: Thank you all so much, and thank you for
everybody who came to honor such an amazing man. Unfortunately, I
wasn't able to know Mr. Mudd, but just being associated with West
Point and Collier County, his reputation precedes him. And reading
about him, I was just awe inspired to continue living up to those four
tenets of this scholarship, especially the integrity.
From what I read, everybody just constantly talked about how he
led Collier County with such integrity, and I think that's an inspiration
to us all.
Thank you so much to my family, who's able to be here. They
know my passion is just helping young folks in Collier County who
want to serve their country, whether it be through an academy or
enlistment or the reserves, and I'm just honored to learn a lot through
Leadership Collier and continue helping the young people in our
county who want to serve.
Thank you so much.
(Applause.)
Item #5D
January 9, 2018
Page 27
RECOGNIZING COLLIER COUNTY’S FAMILY FRIENDLY
AWARD – ACCEPTED BY COUNTY MANAGER LEO OCHS –
PRESENTED
MR. OCHS: Mr. Chairman, Item 5C was continued on the
change sheet this morning. That takes us to Item 5D, which was the
presentation add-on from the commissioners.
COMMISSIONER McDANIEL: Do we need to continue that
item?
COMMISSIONER SAUNDERS: Thank you, Mr. Chairman.
I was attending an awards ceremony put on by the Collier
Childcare Resources, Incorporated, and they were recognizing
family-friendly businesses throughout Collier County. Some very
significant businesses were being recognized, and I was delighted that
Collier County was also recognized as being a family-friendly
business.
I think it's very important that we set a high bar for everyone in
Collier County to see, and that is making sure that we are family
friendly and a great place to work. It not only makes it a whole lot
more pleasant to be here, but it makes Collier County much more
effective and much more efficient.
And so I want to congratulate the County Manager and his staff
for making Collier County a family-friendly business, and this is the
award I'll pass on to you.
MR. OCHS: Thank you.
(Applause.)
COMMISSIONER TAYLOR: You've got to stand in the middle.
CHAIRMAN SOLIS: Yeah. You've got to stand in the middle.
MR. OCHS: I know I'm short. Thanks very much.
January 9, 2018
Page 28
Item #6A
PUBLIC PETITION FROM MR. JEFF LANE REQUESTING TO
BE REIMBURSED FOR THE COSTS ($17,764.84) THAT HE
INCURRED AS A RESULT OF A STORM DRAIN LINE
COLLAPSE NEXT TO HIS HOME – DISCUSSED
MR. OCHS: Mr. Chairman, that moves us on to Item 6A. This is
a public petition request, Mr. Jeff Lane requesting to be reimbursed for
the costs that he incurred as a result of a storm drain line collapse next
to his home.
Mr. Lane, you'll have up to 10 minutes to present.
MR. LANE: Thank you very much.
MR. OCHS: And good morning.
MR. LANE: Good morning, everyone. Happy New Year, and
congratulations on the new job, Commissioner.
CHAIRMAN SOLIS: Thanks.
MR. LANE: My name is Jeff Lane. I'm a homeowner in the
Oakmont Subdivision in Pelican Bay. I'm here asking for
reimbursement of $17,764.84 for damages to my property as a result of
a storm line collapse that occurred so close to my home that my house
had started to collapse as well.
Three years ago my private brick sidewalk next to my home
collapsed. I assumed that it was a result of a leaky sprinkler line or
head, and I had it repaired. Didn't think anything of it. After Irma, I
found the same area sunken in again, and about 10 feet down the same
path, I found the much larger hole that I sent to you in my petition. I
assume you have that available to you.
Upon review I learned that this easement -- that there is an
easement next to my home with a zero setback, and in this easement
there is a storm drain line that runs along the entire side and length of
January 9, 2018
Page 29
my property from the road all the way to Lake Oakmont, or Oakmont
Lake.
The county and Pelican Bay Services Division argued as to which
entity was responsible for this storm line. Both did not want to take
ownership. In the meantime, every rain event threatened further
collapsing of my home, and every time I heard a raindrop, I thought,
roll tide, roll.
I pressed the issue hard, therefore, and I met with at least 15
Collier County and Pelican Bay Services Division employees, as well
as Commissioner Solis at the town hall meeting he called roughly
November 14th. Thankfully, Collier County made a decision to repair
the root cause of the problem by outsourcing a zero trench -- excuse
me -- a zero dig trenchless pipe repair firm that came in all the way
from Nebraska. It was an elegant solution, and I was very thankful for
it. It basically put a stint in the pipe rather than digging the pipe out
causing further damage.
In that process, which was laborious, I was there, and I learned
that there are two holes in the storm line itself causing caverning
underneath my home for at least three years. It made sense, then, that
there were two dips in my sidewalk.
I'm grateful that the county repaired the root cause, the damaged
storm line. And the damages to my property could have been much
worse, so I'm thankful and grateful for that.
But now it's time to reimburse me for my expenses related to this
collapsed line, as I had to basically prop up my home to prevent further
collapsing, and some day I'd like to sell the home and I'd like to be able
to tell the future homeowner it's safe.
I had four helicals installed as well as a concrete beam to ensure
my home will never have a collapsing issue due to this storm line.
Currently I've documented expenses of $17,764.84. I have asked
for reimbursement from the county. The county's response on
January 9, 2018
Page 30
December 11th was that the property -- and I'll quote -- that the
property in question was not in the care, custody, and control of the
county at the time of the loss. Therefore, the county does not owe a
duty to maintain the property. This being the case, they cannot be held
responsible for this incident.
Huh. You fixed it, but you're not responsible for it. Okay. All
right. I don't really understand that one.
So I asked the Pelican board, services division, last week, which
is a division of this Collier County, for reimbursement. To date, they
have not responded. So, again, my case is stuck between Collier
County and a division of Collier County over who's responsible for the
storm line collapse and reimbursement to me for damages to my
property.
So I have some rhetorical questions for you. Did I have the
responsibility and duty to inspect the storm line? Did I have the
responsibility and duty to maintain the storm line? Did I have
responsibility to -- and duty to repair the storm line? No.
Could I have pulled a permit to repair the storm line myself? No.
But if I had tried, who would I have gone to? Would I have gone to
Collier County? Would I have gone to Pelican Bay Services Division?
Could I have simply blocked and/or plugged up the storm line
from going past my home? Because a quarter of the neighborhood
rushes right past my home. I could have plugged it up, but would I
have been subject to a lawsuit? I think I would have been.
If I had repaired the storm line on my own and repaired it poorly
and there was a problem, would I be subject to a lawsuit? I think I
would be.
So assuming you agree with me on these rhetorical questions,
how is it possible that I could be responsible for any damages to my
property as a result of the failure of this storm line?
So I'm here as a citizen without legal counsel attempting to close
January 9, 2018
Page 31
this issue truthfully, transparently, kindly, and respectfully. As I'm
without legal counsel, I'm also attempting to resolve this issue at a
lower expense to my fellow Collier County residents.
So I'm not sure where to go with this, and I'm looking to see --
and I understand, per your protocol, you may not be able to give me
anything back, but I'm not sure where to go. May I ask for any counsel
advice, coaching, where to go next, what should I do? I will tell you
I'm not going to go away. I've got nothing better to do but golf.
COMMISSIONER FIALA: View as the commissioners?
CHAIRMAN SOLIS: Well, obviously, we can't -- we're not in
the position to advise you on what you should or shouldn't do. And, as
I understand it, you have retained an attorney, so...
MR. LANE: I have not.
CHAIRMAN SOLIS: I think I'll defer to the County Attorney as
to what --
MR. KLATZKOW: And this is a conversation of generalities,
not specific to the petitioner: We process over 500 claims against the
county every year. They're administratively done. Jeff Walker
handles it. One of the most outstanding employees you have.
Board direction throughout the whole entire time I've been here
has always been that if the county has liability, we do the right thing.
If the county doesn't have liability, then, well, we fight the claim.
Mr. Walker's working with members of Mr. Ochs' staff to
ascertain exactly what it is that we're dealing with here. It's a very old
conveyance. It doesn't appear that the county accepted it. But we're in
the process of trying to figure it out. We're also in the process of trying
to figure out how to remedy this on the assumption that the county did
not acquire the easements, and we'll handle it administratively.
And I will tell you that my office works with Mr. Ochs' people,
and we do the right thing for the county. And I don't believe that this
is the appropriate forum for anyone with a claim against the county,
January 9, 2018
Page 32
because you're a legislative body. You make policy. You make law.
What he's asking for, really, is why we have courts to resolve
individual disputes.
And that's the process, and we'll go through that process, and we'll
see what happens.
MR. LANE: I understand. Anything else?
COMMISSIONER McDANIEL: Well, there's a couple of lights
on.
CHAIRMAN SOLIS: Oh, I'm sorry.
Commissioner Fiala?
COMMISSIONER FIALA: Yes. I understand what you just
said, Jeff, but this gentleman wouldn't be allowed to fix it himself
because it's not his equipment, so...
MR. KLATZKOW: Ma'am, you've got 500 claims a year:
People falling on your sidewalks, people who are involved in accidents
on right-of-way, everything. And I understand what he's saying, okay,
and he's very well spoken, all right.
And we will do the right thing at the end of the day for both this
board and the taxpayers in general, all right.
I don't know that we have legal liability on this. Our initial
review says that we don't. I'll be a little more specific here. We have
certain county requirements before we'll take a maintenance easement.
They include a certain width. We generally like at least 15 to 20 feet
so we can get equipment in to fix stuff. This is about five feet, all
right.
So we've got a pipe that was not put in by the county. It was put
in by the developer to take water off of a road to put it into a lake. The
developer decided that he wanted the houses too close, all right;
probably so he could put more houses in, all right. We can't get
equipment in an easement like that. So, typically, we would not accept
a maintenance easement like that because we can't maintain it.
January 9, 2018
Page 33
That's what we're looking into right now. Now, did we fix it?
Yes. We had a street that was flooding with water. You had to convey
the water into the lake. We went in there, and we fixed it. That doesn't
mean, however, that it was our obligation or responsibility.
Now, we're going to -- staff is in the position right now that
they're looking into this thing, because we understand that we've got a
problem here, and we'll see if there's a long-term solution that will
eventually come back to the Board with a recommendation.
But having said that, ma'am, if we're going to be listening to
people with claims against the county, one, it's not really appropriate
that you decide that, because that's not your function. That's the Court's
function, really. Your function is to make public policy and to create
ordinances that we all live under, not to delve (sic) off any disputes.
But I can assure you that Mr. Ochs' staff does the right thing for people
and for the county in general. And we'll figure this out.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: And on that note, the public
does have the right to petition us for whatever they wish for items that
are not on this agenda, and whether this is the proper format or not,
that's a matter of discussion that we can have as we go forward. He
has the right to speak to us. And as you know, per our policies, per the
rules of engagement, if you will, we can't make any decisions at this
stage --
MR. LANE: Yes, I understand.
COMMISSIONER McDANIEL: -- nor answer your rhetorical
questions nor anything other than allow you your 10 minutes to expand
upon your concerns.
I would suggest to you that you continue on with your endeavors
to seek satisfaction. You do have a very active county commissioner
who will bring this forward as an agenda item for future discussion if,
in fact, it's warranted or necessary and you haven't found relief through
January 9, 2018
Page 34
the channels that have --
MR. KLATZKOW: Commissioner --
COMMISSIONER McDANIEL: -- been afforded to you.
MR. KLATZKOW: -- you do not have -- okay. I'll say this a
little stronger. You do not have the authority to fix this.
COMMISSIONER McDANIEL: I'm not saying that I'm going to
fix this.
MR. KLATZKOW: No, no. You do not have the authority to fix
this, all right. You can't bring this back because it has to be a public
purpose to expend public money, and we don't know that there's a
public purpose here.
COMMISSIONER McDANIEL: I didn't say that I was going to
fix it. I was talking to this gentleman here who is --
MR. KLATZKOW: Okay. But we're not bringing this back; not
in the context of his claim, Commissioner. We can bring this back in
the context of whether or not the county is going to assume
maintenance obligations over all of these easements throughout
Pelican Bay. That will be a policy decision.
MR. LANE: Of which there are many that have collapsed.
COMMISSIONER McDANIEL: And if I misled you, I
apologize. I wasn't doing anything intentionally. I just wanted you to
know that, as the County Attorney has expressed, there is a procedure
for you to stay in and follow.
MR. LANE: Totally understood, and I get that, and I'd prefer not
to file a lawsuit. I don't want to -- I don't want to have the expense. I
don't want to give the expense to you guys because I expect you're
going to pay.
I wouldn't be doing this to -- for fun. I believe I've been wronged.
I didn't build this home. This home was built in the 1980s when it was
developed in the '80s, and somebody signed off on those homes being
so close to an easement. It wasn't me.
January 9, 2018
Page 35
Yes, it's my responsibility for when I bought the home to look at
those easements. Who knew it was going to collapse?
CHAIRMAN SOLIS: Thank you. And I would just urge you to
continue to work with staff, and I think a final determination is
forthcoming and --
MR. LANE: Well, thank you --
CHAIRMAN SOLIS: -- I'm sure staff will let you know.
MR. LANE: -- Commissioner. I appreciate that, Commissioner
Solis. I'm just not sure where to go. I've got a letter from the county
saying it's over. So if I'm hearing that it's not over, I'd like to know
who to speak with next to keep the ball rolling.
MR. OCHS: Mr. Lane can speak directly with me, the County
Manager. I'd appreciate that, sir.
MR. LANE: Thank you, County Manager. I appreciate that.
MR. OCHS: My pleasure.
MR. LANE: Thank you very much. Happy New Year.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Mr. Chairman, that takes us to Item 7, which is
public comments on general topics not on the current or future agenda.
Any speakers?
MR. MILLER: Mr. Chair, we have one registered speaker at this
time; Garrett Beyrent.
MR. BEYRENT: Good morning, County Commissioners.
You might remember last year; the day before today last year I
did a presentation where I brought in the pickleball paddles.
COMMISSIONER McDANIEL: Yes.
January 9, 2018
Page 36
MR. BEYRENT: Do you remember that? Everybody got to --
and I'm assuming, because there's a problem relative to gifting things
to county commissioners, that you just can't give stuff to
commissioners. You have to have a process you go through.
So I met with a couple of attorneys, who are nameless, okay. But
they know what they're doing. They know a lot better what they're
doing than I do. But in any case, the pickleball paddles I gave you,
actually one of them was the one I gave to Commissioner Fiala,
because she's really put Naples on the map relative to pickleball. I
mean, there's no question whatsoever. I've got the big article in the
paper from the Naples Daily News officially announcing that we are
the pickleball capital of the world. That's very important.
It might seem inconsequential to people that like baseball. I don't
like baseball. I went to a Yankees game in 1962. The nuns made me
go. Saw Mickey Mantle; wasn't impressed.
So what I did was I gave Commissioner Fiala the pickleball
paddle that was actually manufactured by a small corporation that's
headquartered right here in Naples. It's called Pickle Pro. She got the
best one. You guys all got the ones I got from Rick's Sporting Goods.
They were two paddles for $14. Still too much money. So I thought,
well, how can I get around this? So I talked to my attorneys. They
said, well, you have to talk to Barry Williams, and you've just got to
give stuff to the parks department and let them give them to the kids,
and the kids will play pickleball. The only problem is that kids don't
play a lot of anything. What kids do is they look at their cell phones.
So my solution was I took a tree in my backyard -- it's a
mahogany tree -- and I made a pickleball paddle. It's really cool,
okay? It's very heavy. And I dedicated the paddle to the lady that's
responsible for pickleball. And this is the paddle. This is the Donna
Fiala. I call it the Hurricane Donna, all right. And if you look at the
paddle in the middle, there's an eye, and that eye actually -- it actually
January 9, 2018
Page 37
attracts sunlight, okay.
Now, on the other side is a cellular telephone, okay. The cellular
telephone is powered by solar power, okay. So if you want to -- if you
want to keep your eye on the paddle or on the cell phone, you've got to
have this side of it, which is Hurricane Donna, okay, you've got to
have that facing the sun because that charges this side, okay.
Now, while you're playing pickleball -- this is a slower paddle.
This is very heavy paddle because it's made out of mahogany from the
trees in my backyard that my son grew, okay. He's got little -- he has a
little toy store.
Okay, real quick, because I'm running out of time. Anyhow, this
is the Hurricane Donna official pickleball paddle, which I made so it
has no value to me whatsoever, okay. That's just a -- well, we'll see
what happens with this, and then we're going to get our kids to get their
eyes off the cell phones except if they're playing pickleball and they're
getting energy and running around.
And pickleball -- as you know, pickleball is actually a cross
between ping pong and tennis. It's awesome. I've never played it
myself; I probably never will. I don't care. I only want to promote
pickleball just like those guys did up in Cooperstown, New York, and
it was baseball. So here's -- that's it.
CHAIRMAN SOLIS: Thank you.
MR. BEYRENT: Okay. And I guess I have to give it to
somebody here in this box, right? And it goes to Barry Williams, and I
think we should start a fund, actually. We should get together --
CHAIRMAN SOLIS: Mr. Beyrent.
MR. BEYRENT: -- and we should collect funds.
CHAIRMAN SOLIS: You still have time?
MR. BEYRENT: Case closed?
MR. MILLER: Your time has expired, sir.
CHAIRMAN SOLIS: Thank you.
January 9, 2018
Page 38
MR. BEYRENT: You're welcome.
COMMISSIONER FIALA: Garrett, thank you very much for
doing that. I have to tell you some comforting news and that is that the
pickleball people here in Collier County, they have been going to the
different schools, actually just as you have suggested. They go to the
schools, and they bring the whole network of pickleball items that they
need to play a pickleball game --
MR. BEYRENT: Awesome.
COMMISSIONER FIALA: -- and they gift each school with that
so that they can actually get the kids off the street and behind the
pickleball nets.
MR. BEYRENT: That's great.
COMMISSIONER FIALA: And they even demonstrate. So I
wanted to tell you that your --
MR. BEYRENT: That is great. I'm glad to hear that -- did
anybody play pickleball? Have you guys -- nobody did, right? In a
year they had an opportunity of a lifetime. Okay. Case closed.
CHAIRMAN SOLIS: Thank you.
Item #10A
REQUEST TO RECONSIDER ITEM #16A1, MOVED TO ITEM
#11N, FROM THE DECEMBER 12, 2017 BCC MEETING
WHICH READS: RECOMMENDATION TO APPROVE AN
INTERLOCAL AGREEMENT WITH THE CITY OF NAPLES
FOR THE PURPOSE OF INSTALLATION OF LICENSE PLATE
READING (LPR) CAMERAS WITHIN COUNTY ROAD RIGHTS-
OF-WAY – DISCUSSED
MR. OCHS: Mr. Chairman, that takes us to Item 10, Board of
County Commissioners.
January 9, 2018
Page 39
Item 10A is a request to reconsider a board action on December
12th, 2017, approving an interlocal agreement with the City of Naples
for the purpose of installation of license plate reading cameras within
county road rights-of-way, and Commercial Solis has placed this on
the agenda.
CHAIRMAN SOLIS: I have. In reflecting back on that prior
meeting where we discussed this and voted on it, I'm not sure that I
have a complete picture of why we need this.
So what I'm hoping is that we could have a better conversation
with possibly representatives from the city actually being here to
explain what they're doing, and that's why I'm asking for the Board to
consider reconsidering this item.
COMMISSIONER TAYLOR: In anticipation for this, I did have
a conversation with our attorney, Jeff Klatzkow, and asked him, if it's a
reconsideration, does that mean we can discuss whether it needs to be
reconsidered, or do we just say yes or no and then have the discussion
later?
He said, well, sometimes in order to decide whether or not it
should be reconsidered, you do have to kind of discuss it and then
make a vote. And so in anticipation for that, I've invited City Manager
Moss here, and I hope that someone from the Sheriff's Department is
here so we can understand that this is more prevalent than you would
think.
So with your indulgence, sir.
CHAIRMAN SOLIS: Absolutely.
COMMISSIONER TAYLOR: Perhaps the Sheriff's Department
first; perhaps.
MR. MILLER: Mr. Chair and Commissioner Taylor, I do have
registered speaker slips for Mr. Moss and representatives from the
Sheriff's Office.
COMMISSIONER TAYLOR: Oh, good. Great.
January 9, 2018
Page 40
MR. MILLER: Your first speaker registered is Scott Barnett.
He'll be followed by Jim Williams and then Bill Moss.
LIEUTENANT BARNETT: Good morning.
MR. WILLIAMS: Scott Barnett will join me up here.
Good morning. My name is Jim Williams. I'm representing
Sheriff Rambosk, Sheriff's Office. Hi, Crystal. And I'm the Chief of
Investigations. With me is Lieutenant Scott Barnett. He commands
our technical service bureau. He actually knows what he's talking
about when it comes to LPRs. I'm here to take the hit if it doesn't go
well. So I'm -- seriously. I'm more than available to answer any
questions. We're happy to do that.
LPRs represent a technological advantage for us in law
enforcement. They're very effective, and they're very efficient. In a
sense, though, an LPR can be replaced by a deputy with eyes, a pair of
binoculars, and a notebook writing down license plates. So it's really
not anything new. It's an evolution of how we go about our business.
They're extremely effective in conducting investigations, looking
for absconders around the country. And I'll ask Lieutenant Barnett to
give you some specific examples of that so that you will see the
advantage to us in many, many ways.
Thank you.
LIEUTENANT BARNETT: Good morning, Commissioners.
We got into license plate readers a few years ago. We've taken a
very conservative approach. The benefits have been phenomenal.
We've used them to help solve homicides, we've -- the home robbery
people we had a few years ago that were in the city and throughout the
county, when we developed a suspect, we could place our readers in
places where they helped us track the criminals while we were
developing a case.
There's a lot of laws that pertain to license plate readers that we're
very conservative with. But the State allows people to retain these
January 9, 2018
Page 41
records for three years only. And they also have another law saying
that there's -- they're -- you cannot make a public records request for
these -- any of that information.
Another guideline for us is -- is that after a certain period of time,
per the State, we have to have a case number or an active investigation
to go in and pull the data in these things.
So we're not doing anything with these that is beyond the scope of
what's going on now. If you go on the interstate, your tag is being
read. If you go through the City of Fort Myers, your tag is being read.
Naples has a lot of cameras up already for the safety of the community.
We use mobile platforms because our county use is spread
throughout so many different miles where they have a small definitive
area. So how you place them, what you do with them, you know, is
governed by the State, and so far we've followed what we thought the
community would like. I'm sure the city's going to be along those
same lines.
Do you have any questions on any problems with those or --
CHAIRMAN SOLIS: Okay. Thank you.
Commissioner McDaniel?
COMMISSIONER McDANIEL: Well, my question is more for
you for asking this to come back for a reconsideration. You've
expressed some reservations of -- we vetted this, I thought, fairly well
when this came to us last year.
I know that I specifically asked for some data and reports about
the validity of these as to whether or not there was a benefit to assist
our law enforcement agencies both in the city and the county as well.
We expressed concerns about the security and whether or not
there were privacy violations that actually traveled along with these
things, and I thought we kind of managed it accordingly. And I was
just wondering what your specific reservations were.
CHAIRMAN SOLIS: Well, my reservations, and I think it was
January 9, 2018
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Commissioner Taylor's reservation at the time, was just -- you know, it
seems as though the Sheriff's Department has mobile units that are
used, as I understand it, periodically when there's a reason to use them,
as I understand it. They're not just -- they're just not placed out in
right-of-ways and fixed places that continually read people's license
plates. I also wasn't clear as to where this information went and what
was done with it.
Now, I am glad to hear that the information is, there's basically a
life to it, and that if it's not used in some -- I'm assuming in some
prosecution or something, then it's destroyed.
LIEUTENANT BARNETT: Correct.
CHAIRMAN SOLIS: And I just had a concern regarding our
right to privacy, which every day seems to be diminishing.
COMMISSIONER McDANIEL: Amen to that.
CHAIRMAN SOLIS: And we're constantly monitored, you
know, by our cell phones and everything else.
So that was really my concern, and I wanted to make sure that we
had the opportunity to have a complete discussion and hear, you know,
what the Sheriff's Department's view of it was, which at least I don't
recall having that discussion before, so that was my concern.
MR. WILLIAMS: If I may, the Sheriff's Office is very concerned
with privacy. As the lieutenant said, we're well aware of everybody's
concerns.
The LPRs can be targeted. If we're looking for somebody that's,
say, wanted for a homicide, we have a license plate number. That
license plate number is entered into the system.
Recently we got the call from Illinois, somebody that caused a
problem down here during the hurricane, and his car was located for us
up in Illinois letting us know that he was no longer here; that type of
thing. So we're very, very conscious of that.
We hold the records for 180 days. We do that because we're a
January 9, 2018
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seasonal community. That was a lengthy and very comprehensive
discussion within the Sheriff's Office not to necessarily hold it just for
three years just because we can. So we understand your concern, sir,
and we're very conscious of that.
I do not believe that the differentiation -- I would not make a
differentiation necessarily between fixed and mobile.
If fixed lends itself to our terrain -- I'm a former military guy
situationed in terrain -- we would be using fixed ones. But for us right
now, under the current circumstances, the mobile ones are the most
efficient for us.
Now, we would have to buy too many fixed ones, if you will.
The city's situation is different. It's a much smaller, tightly compact
area and would probably be the exact opposite of ours. It would be
financially inefficient for them to buy bigger mobile ones as opposed
to fixed ones.
So I don't think there's anything untoward between the difference
of the two, but I do understand your concern, sir.
CHAIRMAN SOLIS: Is -- the information that's collected, is it
automatically shared by the city with --
MR. WILLIAMS: No, sir --
CHAIRMAN SOLIS: -- the Sheriff's Department?
MR. WILLIAMS: -- not automatically unless there's a request.
In other words, if I go through their thing and it picks up my license
plate, it does nothing with it. It just goes into the bank, if you will. If
there's a list -- if my license plate has been tagged that the Sheriff's
looking for me because I didn't make the meeting this morning, then
the city will immediately -- that gets transmitted and we're aware that
my license plate went through that license plate reader at this time and
at this place.
And that's -- we use it very effectively, as Scott has said. You all
remember the home invasion burglaries that caused -- I'm actually only
January 9, 2018
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35 years old. I just look this old because of things like that. Very
effective in helping us deal with those people and bringing them.
We were able to notify the folks up in Orange County --
LIEUTENANT BARNETT: Orange.
MR. WILLIAMS: -- hey, they're coming your way, and they
were able to pick them up on their LPRs and know where they came
in. So this is extremely effective for us.
CHAIRMAN SOLIS: Thank you.
Commissioner Saunders?
COMMISSIONER SAUNDERS: Chair, I didn't have any
particular issues with this when it first came up, and I still don't. I am
comforted by the explanation from the Sheriff's Department
concerning how these -- this data is collected and used.
The agreement is one that can be terminated. And so what I
would suggest is -- I think it can be terminated without cause at any
point in time. So what I would suggest is let's see how it works. If
there become problems that are made known to us, then we can
certainly re-evaluate that. But I would be opposed at this point to
reconsidering it.
If there's a change of heart on the Board, if there's a majority that
wants to terminate the agreement, that's a whole different story. But I
think reconsideration would not be the best approach at this time.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: And not to put you aside, but I
think it would be very helpful to hear from the city and how they
handle it. I think you'll be reassured at the process on their end. It's --
this is not their first entry into license plate reading, my understanding,
but it is a request to broaden that scope. So this is City Manager Moss.
MR. MILLER: Yeah. And this is your other registered speaker,
Mr. Chairman.
MR. WILLIAMS: Thank you very much for the opportunity.
January 9, 2018
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MR. MOSS: Mr. Chairman, congratulations; County
Commissioners, County Manager, Deputy Manager, my name is Bill
Moss. I am the City Manager of Naples representing the Naples City
Council, and thank you for approving our request for an interlocal
agreement to allow placement of LPR cameras.
It is correct we've had similar cameras in place for several years.
They have been so successful, actually, that we've had three
homeowners associations ask us to specifically install them in their
subdivisions.
This information is very limited to our personnel. Police officers
don't have assess. We have designated detectives that have access to
it. And nobody can have access without the approval of the City
Manager, nor can any outside agency have access without approval of
the City Manager.
Unlike the mobile units -- mobile generally implies that you have
a need for it and you know why at that point. If they're stationary, then
that data is being collected. There's, frankly, too much data. There
was a comment made where a deputy can actually sit there and record
the tags going by. Our cameras, we have 22 of them now on 18
roadways. They collected 1.8 million tags in the last 30 days. So you
can't use that data for anything unless you actually need to look for
something.
And the software is designed to alert law enforcement when
there's a tag that's registered that, for some reason, is of concern to law
enforcement, outstanding warrants, and that type of thing.
I'll give you one item of how it can be used when things aren't
anticipated. There was recently a significant shooting in a nightclub in
Fort Myers. One of the people that actually was involved and got shot
drove down to the Naples NCH hospital. He claimed that he was shot
on Central Avenue in Naples. That was somewhat interesting to us
because at the time Central Avenue was closed for construction, and
January 9, 2018
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that raised some suspicions.
The Fort Myers police wanted to see data from our cameras, and
they had actually recorded the date and time that that vehicle came into
the City of Naples. So that's how things can be used when you might
not anticipate them.
But to correct, the data is destroyed when it's not being used and,
again, access is very limited.
We are seeking your permission because it is less expensive to
cover all points of ingress and egress, some of which are within the
county's right-of-way, okay. Without your permission, we are
essentially tripling our cost to over a million dollars to try to get the
same type of coverage in the city.
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: Thank you.
Well, I certainly feel better now that I've heard from the city. I
think that was one of my concerns was not having heard exactly what
-- from the city's perspective, what they were going to do with it. And
I've brought it for reconsideration. If there's no second of that motion,
we'll move on. Okay. Very well.
COMMISSIONER McDANIEL: You're the Chair.
CHAIRMAN SOLIS: We'll move on.
Item #11B
DIRECTING THE COLLIER COUNTY CLERK OF THE CIRCUIT
COURT TO PAY REQUEST FOR PAYMENT NUMBERS 2018-1
($15,237.23), 2018-2 ($14, 979. 74), 2018-3 ($14, 847.44) AND
2018-4 ($14, 947.46) TOTALING $60, 011.87 UNDER FISCAL
YEAR 2018 AGREEMENT BETWEEN COLLIER COUNTY,
FLORIDA, AND ECONOMIC INCUBATORS, INC. -
January 9, 2018
Page 47
COMMISSIONER SAUNDERS SUGGESTED A MEETING
BETWEEN EII AND THE COUNTY TO RECOGNIZE
DEFICIENCIES AND PROCESSES THAT WILL BE BROUGHT
BACK TO THE BCC IN MARCH – CONSENSUS
MR. OCHS: Mr. Chairman, if we might move to Item 11B. I
know there's several members of the audience here for that one. With
your permission, Mr. Chair, we'll move forward on 11B.
CHAIRMAN SOLIS: Yes.
MR. OCHS: This is an add-on item this morning. It's a
recommendation -- excuse me -- to seek payment from the clerk for
reimbursement request for the 2018 agreement between Collier County
and Economic Incubators, Incorporated. The four payment requests
that have been made on the current contract total $60,011.87.
And I know that there's a number of representatives from both EII
and, of course, from the Clerk's Office and your Economic
Development Department as well. But I see Mr. Brock has been able
to join us as well this morning.
Would you like any further explanation? Essentially, there's been
four payment requests under the contract that this board approved with
EII back in November, and there's a lot of work going on to try to get
those payments made at this point.
Let me get you the mobile, Dwight, so you don't have to be
reaching.
MR. BROCK: This is what you get when you --
CHAIRMAN SOLIS: I think it would be helpful to --
MR. BROCK: -- smoke when you're young. So anybody that's
had to deal with that, just understand this is what you end up with.
CHAIRMAN SOLIS: I think it would help them to have an
explanation of what the request is and why we're making it.
MR. OCHS: Yes. As I said, there's -- under the contract there's a
January 9, 2018
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series of deliverables and documentation that's required with each
request for payment. Those come through our staff and then move on
to the Clerk's Office for their prepayment audits and their compliance
reviews.
We're at the point now where four of those have gone through our
staff into the Clerk's Office. And EII, I think they will tell you that
they're at a point where their cash flow is such that they can't keep
moving forward until there's some resolution on these four payment
requests.
I know Commissioner Saunders has graciously been involved in
trying to work through some of this with Mr. Brock as well.
COMMISSIONER SAUNDERS: Mr. Chairman, if it would be
appropriate, at this time I can indicate what those conversations have
been.
CHAIRMAN SOLIS: Please.
COMMISSIONER SAUNDERS: If you need more information
prior to that, that's understandable as well.
CHAIRMAN SOLIS: No, please. I'd like to know where this is
at.
COMMISSIONER SAUNDERS: I don't want to -- I want to
make sure I'm saying this correctly. And, Mr. Brock, I appreciate you
being here --
MR. BROCK: Not a problem.
COMMISSIONER SAUNDERS: -- because we -- Dwight and I
spoke on the phone at length yesterday, and I spoke with Crystal at
length yesterday as well, and my understanding is that there are -- from
an auditing standpoint, there are some issues that need to be identified
and rectified.
But I believe -- and, Mr. Brock, this is where I want to make sure
I'm not saying anything that's incorrect -- that the Clerk is willing to
sign off on the current payments that have been requested and has
January 9, 2018
Page 49
asked that the Board direct EII to correct these deficiencies that Mr.
Brock will identify within about 45 days in terms of making sure that
continuing payments will be made.
Mr. Brock, if that's correct, then I think we're good in terms of the
current request for payment, but I think it would be helpful if you
would identify the deficiencies that need to be corrected over the next
45 to 60 days.
MR. BROCK: I'd be more than happy to do that, but it's going to
take a long time to correct them all. So as opposed to going through
them one at a time, you know, I met with Mr. Pezeshkan and spoke to
him out in the hallway. And the one thing that we would like to do in
assistance of trying to avoid this in the future is, after this meeting
takes place and we get the temporary resolution, is that we will all sit
down with our liaison, which is now Commissioner Saunders, and we
will talk about how to go forward in the future and see what we can do.
Now, let's go through the process that we have currently
experienced. We did not get October or December's billing -- that's
two billings for each month -- until the end of December. And there
are, in fact, issues that we have with the information that has been
provided in compliance with the contract that you entered into in
November.
Without going into a great deal of detail, those will be the things
that we talk about in our meeting with the directors, Mr. Pezeshkan, as
president, and all of those issues to try to get the resolution.
So it seems like we end up having to do this every time that this
comes about. I don't know about anybody else, but I kind of get tired
of that. So we need to find a way to try to resolve that so we're not
taking up any more of your time, taxpayers' time, or any of our time in
trying to do this. And, you know, believe you me, I understand the
problems that this creates, but there seems to be a fundamental
misunderstanding here, and that fundamental misunderstanding arises
January 9, 2018
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as a consequence of a letter that was included by Marshal that says that
I audit the terms and conditions of the contract between the Board and
EII and that I should not be doing that.
Well, now, Commissioners, that is exactly what I do, so I can
assure you that will not change. But I don't sense a desire on the part of
EII's people that I talk to, which is Fred and Dick, on a regular basis,
that they have any concern about me auditing that at all. I mean, so we
just need to get an understanding as to what's going on and get
everybody on the same page in understanding that this is what has to
be done in order for there to be payments made.
You know, every time I talk to them, you know, it's very
congenial, it's very cooperative, and we just -- as I said to him, maybe I
need to get more involved in the day-to-day activities of dealing with
EII so that we can try to resolve that and get Commissioner Saunders
as the liaison and see if we can't deal with some of these issues. It
doesn't seem like that ought to be that big a task to me but, obviously,
it appears to be, so we'll just deal with it.
But here is what I will agree to do, and it's basically what
Commissioner Saunders has said, and that is -- when Commissioner
Saunders and I first spoke, I didn't know that we hadn't even received
the December billing, but we haven't even received any December
billing.
And I told him that I would pay the December billing, but
obviously I'm not going to be paying the December billing without
having received the bill, okay.
But we will pay the October and November under the agreement
that they have 45 days to get with us and work this out and try to get to
a resolution of how this will work. That will give them the cash flow
they need to function, correct? And we will move on.
COMMISSIONER SAUNDERS: Just so there's no
miscommunication, then, that total billing was the $60,000; is that
January 9, 2018
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what we're talking about?
MR. BROCK: That is correct.
COMMISSIONER SAUNDERS: I don't think that you need a
motion from us to move that forward. You have -- it's your --
MR. BROCK: Do not.
COMMISSIONER SAUNDERS: -- authorization. But I think it
would be appropriate for a motion at some point, maybe not at this
moment, but the motion that I would make is that within the next 45
days that there be an understanding, a meeting between the principals
here, Mr. Brock, myself, and the folks with EII, to have an outline of
what the deficiencies are and a process, a real process to fix those,
because Mr. Brock said he's getting a little tired of dealing with this.
I'm going to have to say I'm getting a little tired of hearing it myself.
You know, we had indicated to EII that we were going to fund
them completely for this year and we were going to give them a year to
get things in order, but we need to see some progress towards
correcting those deficiencies that Mr. Brock will outline in some detail
to you.
So at some point I would like to make a motion that this come
back to us maybe in March to have at least a conversation as to where
things are with compliance with the terms of the agreement.
MR. BROCK: I mean, the motion doesn't need to be made until
we have gone through the material with all of us sitting down at the
table trying to figure out what the issues are, trying to get those
resolved, and, you know, then we can bring them back and discuss
them in greater depth.
CHAIRMAN SOLIS: Let me just ask for some clarification. So
the 60,000 is what's going to be paid. My understanding is that there's
a real urgency in getting that payment so that the payroll can be met for
this Friday, because there are employees that need to be paid. Is that
payment going to be received by -- I think they need to receive it by
January 9, 2018
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the 10th, which is tomorrow.
MR. BROCK: I don't have a problem with that.
CHAIRMAN SOLIS: We can arrange for that payment to be
made today so that the payroll can be met for Friday?
MR. BROCK: Sure, we can. Sure.
CHAIRMAN SOLIS: Okay. You know -- and I just want to say
a couple things. I think, obviously, collectively, we've made the
decision that diversifying the economy is something that we need to
pursue -- I think we're all still in agreement with that; I hope we are --
and that one of the things we want to do is attract businesses, high-tech
businesses in the medical field, clean industries. And I'm still
committed, I think, to the creation of an accelerator to attract those
kinds of businesses here is something that we should continue to
pursue.
And I know that my conversations with the Board at EII is that
there's an interest to get past all this, and I sincerely hope that both
sides can work to that, both sides, because I understand the difficulty
of trying to run this organization when the payroll, you know, can't be
met. I mean, there's employees that rely on this.
So I hope that we can get past this and -- especially for
Immokalee, because the culinary incubator in Immokalee, I think, has
the potential for fundamentally changing the economy, not only in
Immokalee, but for Collier County, and that's the kind of thing, as a
policy, I think that we've said we want to pursue.
So I can't stress enough how much I hope that we can get past this
and EII can continue to do what it's doing successfully now, and I hope
that our new liaison for economic development will get us past all that.
MR. BROCK: Commissioner, let's understand one another. You
make the policy. I don't have anything to do with making the policy. I
do have something to do with ensuring that the terms of the
agreements that you enter into are comported with. And I will continue
January 9, 2018
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to do that, and policy will not play a role in that process.
COMMISSIONER McDANIEL: Hear, hear.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: And with that, you know, this
item's been going on for quite some time. I pulled it several months
ago when the funding request came through, made some suggestions to
the measurables and milestones, spoke with several of the board
members, as you did, Commissioner Solis, and then, Commissioner
Saunders -- after I made my adjustments, Commissioner Saunders
pulled it and added to those measurables and milestones.
I don't think there's any of us that are for -- or against
incentivization of economic development and the betterment of our
community. It's just the insistence upon transparency. With
transparency we have accountability, and then we can all go forward
and know that the investment of tax dollars are being adhered to per
the terms of the agreement that we have with the institutions that we're
incentivizing.
We have several institutions that we do incentivize. Arthrex is a
perfect example that we regularly assist with economic promotion with
tax dollars, and it's done seamlessly.
So I'm sure that with the liaison and the adherence to the
agreement that is, in fact, in place can be met and measured, and this
will move along just fine.
MR. BROCK: I have a couple of statements that I would like to
make in regard to working with the members of this board.
You know, we dealt with an issue of recent vintage that you voted
on today dealing with payment of pump trucks. And I'm here to tell
you that without the intervention and the assistance of Commissioner
McDaniel, the likelihood of that ever being accomplished would not
have been good.
But as a consequence of him working with us, working with the
January 9, 2018
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vendor, and coordinating everything with us, it worked out, and
everybody walked away from the table happy.
That has happened on multiple occasions with Commissioner
Saunders' assistance; this being another one of them. And that's the
way that I look at it that it should work. And for the interaction that I
have received and the cooperation that I have received from the
commissioners with regard with this and other things as well,
Commissioner Fiala, Commissioner Taylor, Commissioner Solis, it has
been a new environment for me to work in this county as the Clerk of
the Circuit Court, and I think that has been beneficial to all of the
taxpayers, and we certainly anticipate that that will continue, and we
hope that it will continue into the future.
So to all of you, I thank you very much for the work that you put
out, not just here making the policy, but in coordinating and trying to
make sure that we all function as one unit, and I appreciate that greatly.
CHAIRMAN SOLIS: Thank you.
COMMISSIONER SAUNDERS: Mr. Chairman, I'll make one
final comment from my end. I also want to thank Dwight Brock for
his willingness to work with us. And his function is very important in
terms of auditing. I like having the second set of eyes looking over our
shoulder because if there's a mistake, we can point to him and say,
well, you know, it's on you; not on us.
MR. BROCK: Very comforting.
COMMISSIONER SAUNDERS: But I want to say that because
it's important for the folks at EII to understand that the Clerk has a very
important function that helps us, and from my perspective, we're going
to continue to honor that function and follow it. And so we all need to
work together. It's a team effort. We're all on the same side of the
table. So I appreciate your candor and your willingness to help us get
through this.
MR. BROCK: I truly don't sense any lack of desire on the part of
January 9, 2018
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the people that are involved to work with us. I mean, I'm not really
sure what it is. I'm not sure whether my hearing is going faster than I
thought it was or what's going on, but -- no, don't stand up there, Bill,
shaking your head affirmatively. No. But thanks. Appreciate it.
CHAIRMAN SOLIS: And just to wrap this up. And I do thank
you for working this out and making sure that we get payment so that
the payroll can be made.
But I think we also have to thank the board at EII. I mean, the
board at EII, for anybody that doesn't know, Mr. Pezeshkan, Dick
Grant, Mr. Camoot, JP Garnier, these are -- Steve Walker.
MR. OCHS: Steve Wheeler?
MR. WHEELER: Wheeler.
CHAIRMAN SOLIS: Wheeler. I'm sorry.
MR. WHEELER: You're supposed to ask your wife (sic).
CHAIRMAN SOLIS: Yeah, sorry. Sorry, Steve.
You know, this is -- they serve on the board of EII, you know, as
a service to the community to try to make this successful, and so I
thank the Clerk but I also thank them. It has been very
time-consuming. Mr. Krieger now is heading up the accounting
process, and I think it's worth noting that these are the pillars of the
community that also are giving of their time to try to make this whole
project work. So I hope we can work together and make it successful.
Thank you.
MR. OCHS: Mr. Chairman, at the conclusion of that item --
COMMISSIONER McDANIEL: There's a light on.
CHAIRMAN SOLIS: Oh, I'm sorry. Commissioner Fiala. I'm
going to get the hang of the light thing.
COMMISSIONER FIALA: I'll just sum up real quickly and say
communication, as you can hear, has been the key to all of this.
Somebody calls you, tells you what the problems are. Other people
start discussing rather than just avoiding things. But, anyway, I just
January 9, 2018
Page 56
want to say communication all the way down the line helps us solve a
problem, and I'm delighted to see that Commissioner Saunders is going
to be our communicant now with our Clerk of Courts. It's wonderful,
but -- although the Clerk of Court's always willing to talk to anybody,
and you never have a problem with him. And that's what you have to
do. You have to talk to one another to solve a problem. Thank you
very much.
CHAIRMAN SOLIS: So it's 10:30. I think we're ready for a
break. Any other --
COMMISSIONER McDANIEL: Commissioner Saunders was
going to make a motion on something.
COMMISSIONER SAUNDERS: I think the Clerk has pointed
out that we'll come back on that motion. We'll have the meetings and
then work forward from there. So I don't think any motion needs to be
taken at this point.
MR. OCHS: I'll schedule a meeting right away, and then when
the Clerk is ready and the Commissioner's ready, we'll bring that back.
COMMISSIONER McDANIEL: Outstanding.
COMMISSIONER FIALA: Thanks to everybody for being here.
MR. BROCK: I mean, the first thing we need to do is sit down
with the private meeting with --
MR. OCHS: Yes.
MR. BROCK: -- Commissioner Saunders and --
MR. OCHS: Yes.
MR. BROCK: I see all these people, I guess, that are on the
board. I don't know that for sure since, you know, I think the only two
I've ever dealt with was Fred and Dick. So when that's done, we will --
I sensed your urgency to get that done as well, so we will try to set that
up this week.
MR. OCHS: Okay. Thank you. We've got it.
MR. BROCK: No, I mean just begin setting it up, not necessarily
January 9, 2018
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have it this week. Obviously we've got to coordinate with everybody.
CHAIRMAN SOLIS: Very good. Thank you.
MR. OCHS: Ten minutes, sir?
CHAIRMAN SOLIS: Yes, sir.
MR. OCHS: Okay. 10:45 we'll be back.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
Item #10B
REQUEST TO RECONSIDER ITEM #11H, FROM THE
DECEMBER 12, 2017 BCC MEETING WHICH READS:
RECOMMENDATION TO DIRECT STAFF TO INITIATE A
REQUEST FOR INFORMATION (RFI) PROCESS FOR TWO
COUNTY-OWNED PROPERTIES THAT ARE SUITABLE FOR
THE DEVELOPMENT OF HOUSING THAT IS AFFORDABLE
IN ACCORDANCE WITH THE COMMUNITY HOUSING PLAN
– DISCUSSED
MR. OCHS: Sir, we're moving now to Item 10B. This is a
request to reconsider an item approved by the Board at the December
12, 2017, board meeting. It was a recommendation to direct staff to
initiate a request for information process for two county-owned
properties suitable for development of housing that is affordable in
accordance with the Community Housing Plan, and Commissioner
Fiala has brought this onto the agenda.
COMMISSIONER FIALA: Thank you.
CHAIRMAN SOLIS: Commissioner?
COMMISSIONER FIALA: Thank you so much.
After thinking it all through and then listening to John
Schmieding -- that was an inspiration right there -- I thought, this is an
January 9, 2018
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opportunity we don't usually have. Usually the properties that are
presented to us are already encumbered by HUD or by SHIP, and so
we have to go through certain procedures.
But this is land that is entirely owned by the county. It has
nothing on it. And we can incentivize a developer to come in and
build that housing that -- like Schmieding was asking for for Arthrex,
or that they're asking for with the hospitals.
Right now the nurses and so forth do not qualify for the housing
that is being built with all of these different funds.
Same with -- and, by the way, both of these properties are located
near a school and near a fire department. And so all of the employees
and those types of things would also qualify for them. This is what the
Chamber's been asking for over and over again. You know, we can't
keep producing the same thing and expecting to get different results.
And this was -- this is it. And I thought, oh, my goodness. This
is such an exciting opportunity. I want to see us seize this and actually
incentivize somebody, some builder, some developer or whatever, to
build the housing that we know is needed for the businesses, business
-- you know, bigger businesses that have all of their staff and they can't
find anything here, so they have to drive to Fort Myers. They would
be able to have something right here in Collier County of this quality.
So that's why I asked to reconsider.
The information we were given was saying it was for very low,
low, and moderate. But that -- you know, we don't have to -- we don't
have to adhere to that when it's something that we have no
commitment to as far as HUD or SHIP. I think this would be a great
opportunity.
So I'm asking you if we can address this again. And I don't know
how to incentivize a developer to build good housing, whether it be -- I
don't care if it's rental or if it's owner-occupied or it's a combination or
whatever, that would be great, just so that we can build it now for the
January 9, 2018
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people in our business community who right now do not qualify for all
of the low and very low.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah, just a question of staff.
I wasn't aware that it specified low and very low. I thought it was
to go out for proposals for workforce/affordable housing and then to
allow a developer to come in with concepts on how it makes market
sense, but I might be wrong on this. So I guess I need a point of
clarification. I didn't see the low, very low at all.
COMMISSIONER FIALA: Here it is.
MR. OCHS: Commissioner, this was the item -- the executive
summary that was approved by the Board.
The last couple of paragraphs in the considerations kind of talked
about the concept. We pointed out that in your housing plan
affordability ranges anywhere from 0 to 140 percent of median income
and that the housing plan and the committee had identified rental
housing and senior housing at 80 percent or less is priority needs. But
remember what we asked for was not an RFP process but an RFI
process that would allow developers of these types of developments to
bring concepts back to the board similar to what we did with the
17-acre parcel in the Bayshore CRA.
As I mentioned to Commissioner Fiala the other day, it was
always staff's intention at some point in this process, after the Board
looked at the market concepts and identified or narrowed down their
choices on what types of developments you would want on those two
parcels, we would eventually need to get some guidance from the
Board on if you wanted to target seniors or you wanted to target
specific income brackets or whether you wanted to broaden that to the
whole gamut of affordability.
So Commissioner Fiala is right on. She's a little bit ahead of me
in terms of what I anticipated the process to be. But if you want to
January 9, 2018
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specify that today, we can build that into the process going forward.
But there was no intent through the original executive summary
and the request for the RFI to limit it to any particular income
categories at this relatively early stage of the planning. Does that help,
Commissioner?
COMMISSIONER TAYLOR: Yeah, yeah. That's what I
thought. And I'm looking at this, Commissioner Fiala, and you said it
so eloquently before just before we went on our break, that, you know,
we can learn things if we talk to one another, and I can't talk to you
except for now.
But I'm looking at this. It says, priority needs for rental and
senior housing. Now, I can name 10 people in my neighborhood that
would qualify for low or very low because they don't have the income.
Are we excluding them?
COMMISSIONER FIALA: No. But we -- there's quite a few
buildings -- all of our HUD and SHIP money go for low and very low.
We're not excluding them. This is something that -- this is something
set apart. And I don't know about all of the people in your
neighborhood. I do know you go down many roads, and that's all we
have is low and very low.
But we don't have any of this, and that's why we've heard over
and over again why people have to drive to Fort Myers and why
Arthrex has had to go out of the state because we don't have any of that
medium income or the skilled-worker income or the professional
housing. We don't have any of that. I mean, I would love it if you
could even name one area that has it, but we don't.
And I think we need to concentrate on some of that as well.
COMMISSIONER TAYLOR: In my district they have -- on
either side of the road on -- oh, it's Radio that was just built? No, it's
Livingston. It's Golden Gate. I can't remember now. I think it's Radio.
But it's being built as we speak.
January 9, 2018
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But my concern -- you know, when I look at very low, right,
single, very-low income limit, which is for a single person -- and I
believe -- do we have -- are we saying it should be 60 percent of our
mean income or 50 percent? What is the criteria for this? Or are we
leaving it as an open book?
MR. OCHS: Yes, ma'am. Again, the concept was first to allow
the marketplace to come back with concepts and ideas based on their
experiences that would optimize the two sites that you've selected.
Once that was presented to the Board and you made some decisions
about, okay, we want to do just rental or we want to do a combination
of rental and ownership or, on the 60-acre site, we'd like to reserve 20
for a park and the rest for housing, then, you know, once you've made
those decisions, we were going to then ask you to determine whether
you wanted to keep the housing open to the full range of affordability
spectrum or if you wanted to limit it to 80 percent or above or seniors a
certain percentage.
Those decisions will need to be made at some point. I think
Commissioner Fiala is saying, and correct me if I'm wrong, ma'am,
let's specify some of that earlier than the staff had anticipated doing
that.
COMMISSIONER TAYLOR: But my understanding about how
it works is you want it, you pay for it, meaning the market is the
market, and the land is ours, but we may have to create some
incentives in order to get where we want to go, and we don't know
where we want to go until we have someone assess a development and
say, as a developer, this is -- this is what I can do and this is how I can
build this.
And if we don't like that mix, then we can say, okay, we don't
want you to do this. We want you to do this. And the developer
would say, that's not going to work on the bottom line. And they say,
okay, so then we will incentivize this, and we will do this and this and
January 9, 2018
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this. And that's the give and take that we haven't, you know, started
yet.
COMMISSIONER FIALA: Well, the incentive was already here,
because we own the land. There's no encumbrances on it, so you don't
have to worry about any of those things. That in itself, I think, would
allow Mr. Developer to realize that he doesn't have any requirements
that he has to do anything. He has to work, you know, to fill some
needs that we have. And I think that that's something we can work
with, you know, and make sure that they do.
COMMISSIONER TAYLOR: Yes, of course.
CHAIRMAN SOLIS: Commissioner McDaniel?
COMMISSIONER McDANIEL: And my question was for
Commissioner Fiala. It was the -- when we passed this before in this
process -- this is a request for information, RFI. And we aren't
precluding -- is your intention here -- because I want to support what it
is that you're looking to do, but I'm trying to understand what you're
looking to do with these two specific pieces of property.
Are you wanting to limit the request for information to specific
categories, which will then bring in a smaller group of developers or
people that could potentially utilize this piece of property, or do you
want to allow this to be open to as many as possible and then make
decisions based upon what, in fact, our staff determines is the true need
for our community?
COMMISSIONER FIALA: Well, I don't like the word "limit," so
I hate to do that.
COMMISSIONER McDANIEL: Right.
COMMISSIONER FIALA: But I do think we need to also
describe what categories we're not filling now and see if they can't
come in to fill some of those categories of unmet needs that we have.
COMMISSIONER McDANIEL: Correct.
COMMISSIONER FIALA: And we can do that just by our
January 9, 2018
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wording, I would guess.
MR. OCHS: Yes, ma'am. And, again, not to belabor this, but I
think that was always a decision that we were going to ask you to
make. We were going to ask you to make that after the RFI
presentations were made so that you had an -- the way we envisioned
this is we'd ask the market, who does this for a living, come forward
with their best ideas and best practices, lay those out for you as, you
know, these are concepts that would work under certain conditions,
and then let you decide whether those work for you or whether you
want to massage those and at that point say, you know, we like this --
we like this product mix, we like this concept, now apply that to only
seniors, or apply it to income of 80 percent to 140 percent or 60
percent and below; whatever product mix the Board wants. We were
trying to keep your options open at this early stage.
It doesn't preclude the Board from doing, I think, Commissioner,
what you're suggesting, and that is, you know, let's address the income
levels that we haven't been able to address through our SHIP and CDB
programs which are primarily directed to very low and low and some
moderate income levels.
COMMISSIONER FIALA: Right. Yeah, that's --
MR. OCHS: It's a matter of timing, I think more than anything
else.
COMMISSIONER FIALA: -- exactly what I'm saying, to fill that
gap is now unmet, right?
MR. OCHS: Yes; yes, ma'am.
CHAIRMAN SOLIS: It's really just a timing issue.
MR. OCHS: Yeah. And our thought, Commissioners, was, you
know, there's time to address that, but let's hear from the marketplace
and give them the benefit of letting them lay out the full gamut of
options for you, and then you can narrow those choices down based on
your policies.
January 9, 2018
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COMMISSIONER FIALA: And I guess maybe I was led astray,
then, when I saw that it was very low, low, and, you know, moderate,
and instead of, you know, opening it up to everyone.
MR. OCHS: No, ma'am. There has been absolutely no decisions
or guidance given about what income groups would qualify.
COMMISSIONER McDANIEL: And I don't mean to interrupt,
but it was almost too much information that was included in the
executive summary. There was some expression of perceptions of
deficits and so on and so forth that could have been perceived as
direction from staff.
COMMISSIONER FIALA: Right. And, you know what it didn't
say, it didn't say that it was land that is completely unencumbered. I
mean, you go in there thinking, from the presentation, that, you know,
you have to meet certain criteria, but this is -- I mean, this is free to the
--
CHAIRMAN SOLIS: Yeah.
COMMISSIONER FIALA: -- free thinker, and I love that idea.
MR. OCHS: Yes, ma'am. You have great latitude on these
parcels.
CHAIRMAN SOLIS: And just from my perspective, that might
be the reason to let's let the market see this as a clean slate.
COMMISSIONER FIALA: Right.
CHAIRMAN SOLIS: Bring us --
COMMISSIONER FIALA: Bingo.
CHAIRMAN SOLIS: -- their best ideas, and then we'll go
through this process and address your concerns and the other concerns.
COMMISSIONER FIALA: Good. That is just great. So then
there's -- the marching -- everybody understands what we're doing,
right?
MR. OCHS: Yes, ma'am.
COMMISSIONER FIALA: Okay. Including me.
January 9, 2018
Page 65
MR. OCHS: I don't think you need to change your prior direction
on this. We understand your intent fully.
COMMISSIONER FIALA: Okay. Fine and dandy.
And to Commissioner Taylor, you said people in your
neighborhood need low income, well, right now there are three villages
being built in my district, or about to be built, plus another one they're
adding another 109 to, so you've got about, I would say, 750 houses
just in my district alone being very low income, so no problem.
COMMISSIONER TAYLOR: Well, there is, because there's a
waiting list. But I want to give you some good news, Commissioner
Fiala. I was out to dinner with some folks who live in your
neighborhood, in your district, and they said something to me; I was --
I took aback. They said, we can't have any more affordable housing in
our neighborhood or in our district. They have to go other places
because, after all, it lowers property values.
And I thought, oh, really? So I did a little research and, ma'am,
your district is cleaning our clocks. The 300- to 400,000 and change
from -- 300- to $400,000 residences being built from 2015 to 2017,
you have 11.14 percent. You're doing better than the City of Naples.
COMMISSIONER FIALA: But we have 45 percent of the
low-income housing, and that's also a lot better than the City of
Naples.
COMMISSIONER TAYLOR: But it's not holding back the
development because when I --
COMMISSIONER FIALA: Well, you know what, I don't think
this is the place for us to argue about this.
COMMISSIONER TAYLOR: No, no. But I just want to give
this to you. The average market value in total increase from 154,288
in 2015 to 187,587 in 2017 is a 21.6 increase, and I included the CRA
district.
So that whole area -- and what I included was -- I went from
January 9, 2018
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Shadowlawn all the way to 951, from Davis Boulevard south to
Thomasson, and took in that area. There was a 21.6 increase in two
years in that area.
COMMISSIONER FIALA: It's about time. We sure needed it.
Do you know what that increase also brought? We finally had a
couple stores open. We never had -- you know, we didn't have any
retail stores open, and we've finally gotten some restaurants. These are
things that didn't come to us before, so I'm blessed to hear that --
COMMISSIONER TAYLOR: Yeah. It's really good news, and
it says that Collier County is big enough to have all kinds of housing in
it, and it doesn't depress the property values. As a matter of fact, this is
proof of it.
COMMISSIONER FIALA: Ma'am, I live there. And about the
property values, that's nice that you feel that way, and I'm sure that
you've -- you know, but you cannot compare East Naples with the City
of Naples, I'm sorry. It just doesn't compete.
COMMISSIONER TAYLOR: No, no. I'm not comparing it. I'm
just saying in that range, the only other district that has -- has a higher
increase in that 300- to 400,000 range is Commissioner Solis' district
and District 5, matter of fact.
COMMISSIONER McDANIEL: Matter of fact.
COMMISSIONER TAYLOR: Matter of fact.
So, you know, I think -- I think we're maturing as a county. I
think we're understanding that we can develop and take care of
affordable workforce housing as well as the high end, and it doesn't
depress, as long as we do it the right way, and I can tell you from my
travels, Collier County knows how to do it the right way.
Item #10C
RESOLUTION 2018-09: SUPPORTING CONGRESSMAN
January 9, 2018
Page 67
FRANCIS ROONEY’S EFFORTS TO EXTEND THE CURRENT
MORATORIUM ON OFFSHORE DRILLING IN THE EASTERN
GULF OF MEXICO – ADOPTED
MR. OCHS: Mr. Chairman, would you like to move on to Item
10C? That is a recommendation to approve a resolution supporting
Congressman Francis Rooney's efforts to extend the current
moratorium on offshore drilling in the eastern Gulf of Mexico. And I
believe Commissioner Taylor had brought this forward.
COMMISSIONER TAYLOR: Yeah. And this -- it's fascinating
that when I asked for this to be put on the agenda, then the next day is
the front page of the paper where the federal government wants to
open it up to offshore drilling.
But I hope that I have the consensus here that a letter needs to go
to Washington in support of his efforts. I think he's -- it's courageous.
He is bucking the system, but I think it's a very important position to
take.
And you were here, Commissioner Fiala.
COMMISSIONER FIALA: Yes, I was, and I've got pictures in
my office of what the coast looks like -- or the waters of the Gulf of
Mexico off of Texas and all of those oil wells all over. I don't know
that there's places for people to swim because there are so many of
them. It's clustered with them.
And that's something that we've strongly protected. We should
never have that happening. Our main source of income is tourism, and
that would certainly not bring them here. We've prided ourselves on
our feeling toward preserving our nature and so forth, and preserving it
does not mean you build oil wells there.
So, anyway, I strongly make a motion to approve this.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: Third.
January 9, 2018
Page 68
COMMISSIONER McDANIEL: Fourth.
CHAIRMAN SOLIS: And a fifth, right?
COMMISSIONER TAYLOR: All right. And I am assuming
that your office will create the letter and -- or if it's --
MR. OCHS: Yes, ma'am. Happy to do it.
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
COMMISSIONER TAYLOR: Wonderful. Thank you.
Item #11A
WAIVING COMPETITION AS A SINGLE SOURCE VENDOR
AND AWARD A CONTRACT TO US SUBMERGENT
TECHNOLOGIES IN AN ESTIMATED AMOUNT OF $1,000,000
FOR THE REMOVAL OF SAND, GRIT AND DEBRIS AT THE
NORTH COUNTY WATER RECLAMATION FACILITY
RESULTING FROM HURRICANE IRMA RECOVERY
OPERATIONS UNDER PROJECT NO. 50154 – APPROVED
MR. OCHS: Commissioners, that takes us to Item 11A. This
was an item continued from the December 12th meeting. It's a
recommendation to waive competition as a single-source vendor and
award a contract to U.S. Submergent Technologies in an estimated
amount of $1 million for the removal of sand, grit, and debris at the
January 9, 2018
Page 69
North County Reclamation Facility resulting from Hurricane Irma
recovery operations, and Mr. Steve Messner, your Water Division
Director, is prepared to make a presentation or respond to questions
from the Board. Pleasure of the Board, Mr. Chair.
CHAIRMAN SOLIS: Is there any discussion needed? Is there a
motion?
COMMISSIONER FIALA: Motion to approve the -- let's see --
exemption from the competitive process and the single-source waiver
for U.S. Submergent Technologies.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
COMMISSIONER McDANIEL: Wonderful presentation.
MR. MESSNER: Thank you very much, Commissioners.
CHAIRMAN SOLIS: Good job.
Item #12A
THE BOARD OF COUNTY COMMISSIONERS TO CONDUCT A
SHADE SESSION ON JANUARY 23, 2018 AT A 1:00 P.M. TIME
CERTAIN TO DISCUSS THE POTENTIAL SETTLEMENT OF,
AND LITIGATION EXPENDITURES IN, THE CASE OF PAR
ONE HOMEOWNERS ASSOCIATION, INC. V. ROBERT
VOCISANO, ET. AL., CASE NO. 16-CA-0710, NOW PENDING
January 9, 2018
Page 70
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL
CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA –
APPROVED
MR. OCHS: Commissioners, that takes us to Item 12A. It's
under the County Attorney's report.
Mr. Klatzkow.
MR. KLATZKOW: Yeah. And this more for the benefit of the
public than anything else.
There is a golf course, the Golden Gate Golf Course located off
Collier Boulevard. That golf course is in the early stages of
redeveloping into a residential community.
There is a -- litigation was brought by some of the residents on
the county. On direction from the Board, we joined that litigation.
We're at a point where a settlement agreement was presented to me,
and along with the County Manager, we'd like to sit down with the
Board and discuss the terms of the settlement agreement as well as
continued litigation costs.
To do this is a two-step process in Florida. First I have to give
notice that we will be having this closed-door session, and then at the
next meeting we'll be conducting the closed-door session.
This is the notice portion of it, and the lawsuit is Par One
Homeowners Association versus Robert Vocisano. The case is
pending in the circuit court for Collier County. The closed-door
session will be held at the next board meeting, January 23rd, at 1:00 in
the commission conference room located in this building. That's it.
COMMISSIONER McDANIEL: Question. I have a question.
Should we wait til the shade session for questions with regard to --
MR. KLATZKOW: Please. This is just the statutory notice
requirement.
CHAIRMAN SOLIS: Is there a motion?
January 9, 2018
Page 71
COMMISSIONER McDANIEL: So moved.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Mr. Chair, that takes us to staff and commission
general communications.
I have just one communication. That's a notice and reminder to
the Board that on April 3rd you'll have your annual required
BCC/CRA workshop at 1 p.m. with both of your CRA advisory
boards.
That's all I have today.
COMMISSIONER TAYLOR: And in relation to that, I wonder
if -- it's my understanding, at least from some of the members of the
CRA at least on Bayshore, that their -- they have no term limits on
those, and I'm wondering if we could get some kind of information just
to discuss the validity or not the validity of term limits on these
advisory boards.
It's my understanding that term limits were extended in perpetuity
because they were having a hard time finding people.
January 9, 2018
Page 72
MR. KLATZKOW: We used to have term limits on advisory
boards and, you're absolutely correct, the Board elected to do away
with that because of problems with getting people to serve on the
boards. We could revisit that.
COMMISSIONER TAYLOR: Okay. Maybe we could have that
as a part of discussion. Thank you.
MR. OCHS: Well, is that a consensus of the Board and, if so, do
you want to apply that generically to all or just to the CRA advisory
board?
COMMISSIONER FIALA: Say that one more time.
MR. OCHS: Well, I think what was asked by the commissioner
was does the Board want to consider initiating term limits for at least
the CRA advisory board members, and the County Attorney reminded
the Board that there had been a policy decision that applied to all of
your advisory board appointments. I think you have maybe 30, 35
advisory boards.
Do you want to address that at a macro level, or do you just want
to deal with it, if at all, as it relates to the CRA advisory boards? I'm
just looking for some guidance here.
CHAIRMAN SOLIS: Yeah. I think it would be difficult to just
do it across the board because there are some -- I'm sure that it's been
an issue in the past to get people to serve and some that there's a ton of
people that are willing to serve.
Maybe we could -- staff could come back and just tell us which
ones of these have -- we see as either having had the same members
for many, many years, which ones don't have enough members. I don't
know.
MR. KLATZKOW: Commissioners, almost none of your boards
have a plethora of people applying for them. I can tell you that.
CHAIRMAN SOLIS: Well -- and that actually brings up the
senior advisory board that we just created.
January 9, 2018
Page 73
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN SOLIS: It's created with nine positions, one from
each district, four at large, and we've only had six people apply.
MR. OCHS: So far, yes, sir.
CHAIRMAN SOLIS: So far, yeah.
MR. OCHS: So --
CHAIRMAN SOLIS: What's the pleasure of the Board?
COMMISSIONER FIALA: I want to emphasize what you just
said, too. One of the biggest problems they've had, like, with the Black
Advisory Board, they couldn't get enough people to ever show at a
meeting. They would have -- you know, they might have enough
people on the board, but nobody ever showed, so then they couldn't
meet, they couldn't make any decisions. That becomes a problem.
So if you can get willing people who want to serve, you know,
feed them cookies and everything to keep them coming, you know. It
takes a lot of time for people. How about Immokalee? How do they
do with their CRA board?
COMMISSIONER McDANIEL: Very well.
COMMISSIONER FIALA: Does everybody attend?
COMMISSIONER McDANIEL: Yes, ma'am; yes, ma'am. And
I think -- and I think, you know, it's also incumbent upon us as
commissioners to work with these appointees. I mean, when we have
a committee of nine, one from each one of the districts, that's an
appointee that you, we need to pick, and then the four at large are
voted on amongst us, similar to the productivity committee.
I also think that times are changing, as we've seen just in today's
meeting. There has been, for lack of probably a better description, not
as much credence given to advisory -- citizen advisory committees
from the Board of County Commissioners in the past, and the more
credence we give, the more relevancy we're going to incentivize and
then the participation, I think, that will ultimately come from it.
January 9, 2018
Page 74
So I think just our actions are going to speak as loud as anything,
and it should be up to staff, necessarily, to come to us. Because we
have staff liaisons that are representing to us with regard to the
membership and who's coming and who's not and the capacities for the
committees to function.
In our MPO meeting last year, we were talking about the different
PAC and CAC and all of those committees, and the -- and their
capacities to function and meet the -- and we made adjustments to the
bylaws and to the membership criteria and that sort of thing, and I
think we can just do that based upon staff's recommendation. I don't
know that we need to go on a macro level and do anything particularly.
I think we -- to me it would seem prudent that we just address it on an
individual basis as we go.
COMMISSIONER TAYLOR: I think the issue that I'm hearing,
at least from the public, is that once you're in on these boards, you
know, you're kind of the chosen one, and sometimes when you --
COMMISSIONER McDANIEL: There's a movie about that.
COMMISSIONER TAYLOR: -- live in the area that you're on
the board with, you kind of have privileges that other people may not,
and they feel like it's a closed system. So that's the impetus of what
I'm bringing forward to see if it's possible maybe, and maybe -- the
issue would be is just to address it with the CRAs to initiate with that
and have it as a topic of discussion.
CHAIRMAN SOLIS: At the workshop?
COMMISSIONER TAYLOR: Yes, yes.
COMMISSIONER FIALA: You mean at a CRA workshop?
COMMISSIONER TAYLOR: Yes, the one in April.
CHAIRMAN SOLIS: The joint.
COMMISSIONER FIALA: It would be interesting to see what
they have to say.
MR. OCHS: Okay. So we'll list it on the agenda as a discussion
January 9, 2018
Page 75
topic for that workshop.
COMMISSIONER TAYLOR: Good. Thank you.
MR. OCHS: Very good. Thank you.
CHAIRMAN SOLIS: Mr. County Attorney?
MR. KLATZKOW: I've said enough today.
CHAIRMAN SOLIS: You've said enough today. I think it was a
record for you today.
Crystal?
MS. KINZEL: No. Thank you, Commissioner.
CHAIRMAN SOLIS: Okay. Commissioner McDaniel?
COMMISSIONER McDANIEL: I'm good, sir. Happy New
Year to everybody.
COMMISSIONER FIALA: Well, I'd like to offer -- I have two
positions that I think it's time for me to step off and somebody else to
step in, and one of them is the Florida Association of Counties. I've
been going for many, many, many years, and I would think that I
would like to step back and just offer that as -- you know, anybody
else.
By the way, you do a good job up there. And I don't mean to be
pushing you or anything but, man, you are really good.
And I don't know if anybody else wants to be up there. I'm sure
that Burt knows his way all the way around. I don't know about
Penny. But I think it would nice if somebody else wanted to do it.
And then there's the National Association of Counties, and I serve
on the Economic and Environmental Land Use Committee there. And
that's -- it's an exciting committee and very, very interesting.
But I think it's about time I step back and let somebody else take
that position if they would be interested in doing that. So I just wanted
to say that at this meeting.
COMMISSIONER SAUNDERS: Mr. Chairman, in terms of --
and I don't know if anybody else is interested, but in terms of the FAC
January 9, 2018
Page 76
issue, I'd be happy to take the mantel there and work with our lobbyist
on behalf of the county.
COMMISSIONER McDANIEL: That would be a really good
idea.
COMMISSIONER TAYLOR: Perfect.
CHAIRMAN SOLIS: We don't need a motion for that, do we, or
do we?
MR. OCHS: No, you don't. And I'll ask Mr. Mullens to, you
know, share some information with each of you on the NACo agenda
and roles and responsibilities, and you can all then, you know, kind of
decide what level of participation, if any, you'd like to pursue there.
COMMISSIONER FIALA: It's very interesting up there. I
mean, the things that they're discussing, things that you would never
even realize, and they're coming from all over the country. I love
sitting in on their meetings and everything because you're hearing from
different opinions. Like, for instance, drilling for oil and so forth. It's
-- each state has a different opinion about how that -- and fracking,
some are passionate about doing it and others are passionate about
avoiding it. So it's interesting to listen to.
CHAIRMAN SOLIS: Well -- and thank you for your years of
serving in that role. It was clear, I -- this being my first foray into this
area -- it's all about the connections that you make, and certainly,
Commissioner Fiala, my experience of it was when we were up there,
at least in D.C., was you had a lot of connections, and it was very, very
well done. So thank you for all the years of serving in that role.
COMMISSIONER FIALA: Thank you.
COMMISSIONER SAUNDERS: I'd like to echo that.
Obviously, I've spent many years in Tallahassee, and I've seen
Commissioner Fiala in action, and she leads the charge, so --
COMMISSIONER FIALA: Oh, thank you.
COMMISSIONER SAUNDERS: -- thank you for all that you've
January 9, 2018
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done.
COMMISSIONER FIALA: Thank you.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Nothing.
COMMISSIONER SAUNDERS: I don't have anything to add.
CHAIRMAN SOLIS: Well, I just want to, again, thank everyone
for the trust you've placed in me in electing me chairman. I've got
some big shoes to fill. I think last year was -- I think it's a model --
hopefully. I hope that it's a model for how a board like this should
function. I think we made some big decisions. We didn't agree on it,
but we agreed to disagree in a productive way, and I think -- I look
forward to having another very productive year like that. I think we set
the bar pretty high last year, and I look forward to maybe even raising
that a little bit this coming year. So thank you very much.
And, you know, the interesting thing is, too, I'd like to say is the
Leadership Collier Foundation has a program. And I don't know if
you've heard about this, but they've started this civility in public
discourse series which I think is fascinating in this day and age, and so
--
COMMISSIONER McDANIEL: It's about time.
CHAIRMAN SOLIS: Yeah, right.
COMMISSIONER McDANIEL: You know, I mean, we're a
body of five. There's a reason that this isn't a dictatorship, the
decisions are made by committee. We don't have to agree. We don't
have to -- but there's no -- it doesn't mean I don't love you just because
we don't necessarily concur on every decision, and that's -- that's past
time to be due in our society. The divisiveness that's been created by
theoretical disagreements is -- it's astounding to me. It's been
exemplified in the media on a regular basis, and it's past time for that
to go away.
COMMISSIONER FIALA: And I'll jump in and also say, I go to
January 9, 2018
Page 78
a lot of stuff, as you well know, and no matter where I go people will
always stop me, just want to sit next to me or stop me in the grocery
store even to say, oh, it's so much nicer listening to the Board now.
Everybody respects one another. You talk so kindly to each other. I
hear that over and over.
In fact, a couple people say, I'm starting to watch it again now
that -- it's a different atmosphere. So that's to all of you.
COMMISSIONER SAUNDERS: Mr. Chairman, there was a --
(A cell phone rang.)
COMMISSIONER SAUNDERS: I thought it was Christmastime
all over again for a second there.
There was a recent editorial in the Naples Daily News
complimenting the County Commission and other entities as well for
the civility that's taking place, and there's some folks that will say, you
know, civility isn't important. What's important is fighting the battle
and getting your way as an individual on a Board. And there's -- you
know, there's some truth to the fact that you should promote your
positions and fight hard for what you think of, but that doesn't mean
you can't be civil about the way you do it.
And so, you know, you win some, you lose some, and I think this
board has been extremely good at accepting the fact that sometimes we
have a 3-2 vote on some issues that are important --
COMMISSIONER McDANIEL: 4-1.
COMMISSIONER SAUNDERS: -- to folks -- 4-1. And there's
never been any personalities brought into the equation. I don't see that
changing. I think this board is going to operate in the best interest of
the citizens of Collier County in a very civil way but, at the same time,
we're going to each advocate for our positions. And so I think that's --
I think the Naples Daily News has recognized that times have changed
with this commission.
This morning with Clerk Brock here and the issues that we were
January 9, 2018
Page 79
dealing with, a couple years ago we would not have had that
resolution. So I think it's testament to all of us, to everyone on this
board, that we're working together, and we're all on the same team --
we're working for the benefit of the taxpayers of Collier County --
though we may have differences of opinion. So I think that's a good
thing.
CHAIRMAN SOLIS: We're supposed to disagree. That's how
the sausage is made, right?
Well, I look forward to a good and productive 2018, so thank you,
and Happy New Year.
MR. OCHS: Motion to adjourn?
CHAIRMAN SOLIS: Motion to adjourn. We're adjourned.
**** Commissioner Taylor moved that the following items under the
Consent and Summary Agendas be approved and/or a dopted
(Commissioner Solis abstained from voting on Item #16A4 and Item
#16C4) ****
Item #16A1
RECORDING THE MINOR FINAL PLAT OF RESTAURANT
ROW REPLAT, APPLICATION NUMBER PL20170001872 –
LOCATED AT THE CORNER OF TAMIAMI TRAIL EAST AND
COLLIER BOULEVARD
Item #16A2
RECORDING THE AMENDED FINAL PLAT OF BENT CREEK
PRESERVE, PHASE 2B (APPLICATION NUMBER
PL20170002778) APPROVAL OF THE STANDARD FORM
CONSTRUCTION AND MAINTENANCE AGREEMENT AND
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APPROVAL OF THE AMOUNT OF THE PERFORMANCE
SECURITY – LOCATED ON THE SOUTH SIDE OF
IMMOKALEE ROAD, WEST OF WOODCREST DRIVE
Item #16A3
RECORDING THE MINOR FINAL PLAT OF ARROWHEAD
RESERVE COMMERCIAL, APPLICATION NUMBER
PL20170001890 – LOCATED OFF OF LAKE TRAFFORD ROAD
IN IMMOKALEE
Item #16A4 – Commissioner Solis abstained from voting (During
Agenda Changes)
RESOLUTION 2018-01: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS,
AND ACCEPTANCE OF THE PLAT DEDICATIONS, FOR THE
FINAL PLAT OF CARRARA AT TALIS PARK, APPLICATION
NUMBER PL20140000712; AND THE RELEASE OF THE
MAINTENANCE SECURITY
Item #16A5
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER AND SEWER UTILITY FACILITIES
FOR ESPLANADE GOLF AND COUNTRY CLUB OF NAPLES,
PARCEL F, PL20150002916 AND TO AUTHORIZE THE
COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE THE
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$4,000 TO THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT – LOCATED SOUTH OF THE
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LEE/COLLIER COUNTY LINE ON COLLIER BLVD
Item #16A6
AN EXTENSION FOR COMPLETION AND ACCEPTANCE OF
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH THE
ARROWHEAD RESERVE AT LAKE TRAFFORD - BLOCK ‘B’
(AR-8686) – EXTENDING THE COMPLETION DATE TO APRIL
13, 2019
Item #16A7
THE RELEASE OF CODE ENFORCEMENT LIENS WITH AN
ACCRUED VALUE OF $136,280.86 FOR PAYMENT OF
$41,080.86 IN THE CODE ENFORCEMENT ACTIONS
ENTITLED BOARD OF COUNTY COMMISSIONERS V. DAVID
H. SCHAARE, JR., CODE ENFORCEMENT BOARD CASE NO.
CESD20110006351 RELATING TO PROPERTY LOCATED AT
520 2ND ST NE, COLLIER COUNTY, FLORIDA – VIOLATIONS
FOR A BARN TYPE STRUCTURE AND A SHED BUILT
WITHOUT THE PROPER PERMITS AND WAS BROUGHT INTO
COMPLIANCE BY THE NEW OWNER ON FEBRUARY 17, 2016
Item #16A8
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $44,713.95 FOR PAYMENT OF $613.95
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. HUNTER RENTAL LLC,
CODE ENFORCEMENT BOARD CASE NO. CESD20140007858
RELATING TO PROPERTY LOCATED AT 5261 HUNTER
January 9, 2018
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BLVD, COLLIER COUNTY, FLORIDA – VIOLATIONS
CONSISTING OF CONSTRUCTED PIGEON COOPS WITHOUT
OBTAINING A VALID COLLIER COUNTY PERMIT AND
BROUGHT INTO COMPLIANCE ON DECEMBER 8, 2015
Item #16A9
ACCEPTANCE OF THE CONVEYANCE OF TWO DRAINAGE
ACCESS AND MAINTENANCE EASEMENTS FOR THE SR-29
DRAINAGE CANAL. FISCAL IMPACT: $55.40 – REGARDING
FOLIO #00231680008, #00139771103, #00139640001 AND
#00137520000
Item #16A10
APPROVAL OF A CAPITAL IMPROVEMENT PROJECT IN THE
AMOUNT OF $114,208, FOR THE INSTALLATION OF TWO (2)
BEACH TRACTOR SHELTERS TO BE INSTALLED AT THE
TIGERTAIL BEACH PARK AND THE VANDERBILT BEACH
PARKING GARAGE TO FACILITATE ADEQUATE
EQUIPMENT PROTECTION AND EQUIPMENT CLEANING
OPERATIONS TO PROLONG USEFUL OPERATIONAL LIFE OF
BEACH CLEANING EQUIPMENT AND MAKE A FINDING
THAT THIS ITEM PROMOTES TOURISM
Item #16A11
A COLLIER COUNTY LANDSCAPE MAINTENANCE
AGREEMENT BETWEEN COLLIER COUNTY AND
RACETRAC PETROLEUM, INC. FOR LANDSCAPE
IMPROVEMENTS WITHIN THE IMMOKALEE ROAD RIGHT-
January 9, 2018
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OF-WAY
Item #16A12
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE, AND UTILITY
EASEMENT (PARCEL 471RDUE) WHICH WILL BE REQUIRED
FOR THE EXPANSION OF GOLDEN GATE BOULEVARD
BETWEEN EVERGLADES BOULEVARD AND DESOTO
BOULEVARD (PROJECT #60145). ESTIMATED FISCAL
IMPACT: $14,700 – FOR A PORTION OF FOLIO #40870440009
Item #16A13
APPROVAL OF A PROPOSAL DATED DECEMBER 5, 2017
FROM HUMISTON & MOORE ENGINEERS FOR COLLIER
COUNTY BEACHES AND INLETS ANNUAL MONITORING
FOR 2018 UNDER CONTRACT NO. 15-6382, AUTHORIZING
THE COUNTY MANAGER OR HIS DESIGNEE TO EXECUTE
THE WORK ORDER FOR A NOT TO EXCEED AMOUNT OF
$99,000 AND MAKES A FINDING THAT THIS EXPENDITURE
PROMOTES TOURISM - RESULTS OF THIS REPORT ARE
USED TO EVALUATE, RECOMMEND AND PRIORITIZE
ANNUAL BEACH SEGMENT RENOURISHMENT
Item #16A14
PROVIDING AFTER-THE-FACT APPROVAL FOR THE
SUBMITTAL OF A RESTORE ACT DIRECT COMPONENT
GRANT APPLICATION TO THE US DEPARTMENT OF
TREASURY FOR THE PRELIMINARY DEVELOPMENT AND
January 9, 2018
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DESIGN OF THE COLLIER COUNTY COMPREHENSIVE
WATERSHED IMPROVEMENT PLAN IN THE AMOUNT OF
$1,532,077.76 – THE GRANT APPLICATION CYCLE OPENED
IN JULY 2017, COLLIER COUNTY WAS NOT ABLE TO APPLY
UNTIL AFTER THE MYIP WAS APPROVED ON NOVEMBER
29, 2017
Item #16A15
CHANGE ORDER NO. 1 TO WORK ORDER #4500177711 IN
THE AMOUNT OF $53,984, TO PROVIDE AN ADDITIONAL 95
DAYS OF INSPECTION SERVICES WITH AECOM, INC. FOR
THE HALDEMAN CREEK WEIR (PROJECT NO. 60103) –
ADDITIONAL TIME NEEDED DUE TO ABOVE AVERAGE
RAINFALL THIS SUMMER, INCLUDING HURRICANE IRMA
Item #16A16
AUTHORIZING THE CHAIR TO EXECUTE CONTRACT
NUMBER 16-7011, “PROFESSIONAL DESIGN AND RELATED
SERVICES FOR PALM RIVER BOULEVARD OVER PALM
RIVER CANAL BRIDGE REPLACEMENT PROJECT #66066
(BRIDGE NUMBER 034046)” IN THE AMOUNT OF $560,680
WITH CH2M HILL ENGINEERS, INC. AND AUTHORIZE THE
NECESSARY BUDGET AMENDMENT – THE BRIDGE IS
DIRECT ACCESS FOR 464 HOMES IN THE AREA
Item #16B1
AWARD RFP #17-7050 BAYSHORE GATEWAY TRIANGLE
CRA REDEVELOPMENT PLAN UPDATE TO TOA DESIGN
January 9, 2018
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GROUP, LLC IN THE AMOUNT OF $142,730 AND
AUTHORIZING THE CHAIRMAN TO EXECUTE THE
CONTRACT - THE VISION FOR THE AREA HAS EVOLVED
OVER TIME AND THERE IS A NEED TO UPDATE THE 2000
PLAN TO REFLECT ON THE CURRENT CONDITIONS AND
IDENTIFY STRATEGIES TO CONTINUE TO REDEVELOP THE
AREA
Item #16B2
RECOMMENDING THAT THE BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE COMMUNITY
REDEVELOPMENT AGENCY BOARD (CRAB ) DECLINE THE
CDBG GRANT AWARD OF $143,399 TO PARTIALLY FUND
THE SUGDEN REGIONAL PARK PATHWAY – AS DETAILED
IN THE EXECUTIVE SUMMARY
Item #16B3
A COMMERCIAL BUILDING IMPROVEMENT GRANT
AGREEMENT IN THE AMOUNT OF $5,286.45 FOR PROPERTY
LOCATED AT 3275 BAYSHORE DR. AND WITHIN THE
BAYSHORE GATEWAY TRIANGLE COMMUNITY
REDEVELOPMENT AREA – IMPROVEMENTS TO THE
EXTERIOR OF THE REAL MACAW RESTAURANT
Item #16C1
A CERTIFICATION OF FINANCIAL RESPONSIBILITY, AS
REQUIRED BY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FOR THE RENEWAL OF
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AN OPERATING PERMIT FOR THE DEEP INJECTION WELL
SYSTEM AT COLLIER COUNTY’S SOUTH COUNTY WATER
RECLAMATION FACILITY
Item #16C2
AN AGREEMENT TO COMPENSATE CONTRACTOR WITH
THE DEPARTMENT OF ENVIRONMENTAL PROTECTION
(“DEP”) RELATED TO ITS CONTRACT GC-690 WITH COLLIER
COUNTY, THEREBY FACILITATING THE DEP TO COMPLETE
PAYMENT OF A PREVIOUS $25,000 OFFER RELATED TO THE
PURCHASE OF A REPLACEMENT COUNTY VEHICLE
Item #16C3
APPROVAL OF THE FIRST AMENDMENT TO THE UTILITY
SYSTEM TRANSITION AGREEMENT BETWEEN THE
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,
AS THE GOVERNING BOARD OF COLLIER COUNTY,
FLORIDA, AND AS EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER-SEWER DISTRICT, AND
THE FLORIDA GOVERNMENTAL UTILITY AUTHORITY TO
DELETE AND REPLACE SECTION 3.03. (D) ACCOUNTS
RECEIVABLE; CUSTOMER DEPOSITS - REMOVING THE
OBLIGATION ON THE COLLIER COUNTY WATER-SEWER
DISTRICT (CCWSD) TO RETURN CUSTOMER DEPOSITS
HELD BY THE FLORIDA GOVERNMENTAL UTILITY
AUTHORITY (FGUA) FOR THE GOLDEN GATE SYSTEM AND
PLACE THAT OBLIGATION WITH FGUA
Item #16C4 - Commissioner Solis abstained from voting (During
January 9, 2018
Page 87
Agenda Changes)
AN INCREASE OF $250,000 TO THE PURCHASE ORDER FOR
BIOXIDE PLUS 71, AKTIVOX AND VX456 FROM EVOQUA
WATER TECHNOLOGIES LLC FOR USE BY THE PUBLIC
UTILITIES DEPARTMENT WASTEWATER DIVISION - TO
MINIMIZE DISSOLVED SULFIDES CREATED IN THE
COLLECTIONS SYSTEM AND ASSISTS WITH OTHER ODORS
ASSOCIATED WITH SEWAGE PROCESSING
Item #16D1
ACCEPTANCE OF A DONATION FROM THE FRIENDS OF
THE COLLIER COUNTY MUSEUM OF GIFT SHOP
INVENTORY VALUED AT $8,180.95 AND ALLOW THE
FRIENDS TO RESUME COLLECTION OF THE DONATION
BOX REVENUES AT MUSEUM LOCATIONS
Item #16D2
A LEASE AGREEMENT WITH THE DISTRICT SCHOOL
BOARD OF COLLIER COUNTY FOR THE CONTINUED USE
OF PROPERTY AT EDEN PARK AND PALMETTO
ELEMENTARY SCHOOLS – THE COUNTY HAS DEVELOPED
RECREATIONAL AREAS TO ACCOMMODATE A BASEBALL
FIELD, SOCCER FIELD AND BASKETBALL COURT
Item #16D3
APPROVAL OF FACILITY USE AGREEMENTS BETWEEN
COLLIER COUNTY PUBLIC LIBRARY AND COLLIER
January 9, 2018
Page 88
COUNTY SUPERVISOR OF ELECTIONS FOR USE OF THE
SOUTH REGIONAL LIBRARY AND THE HEADQUARTERS
LIBRARY AS POLLING PRECINCTS – FOR ELECTION DAY
POLLING PLACES FOR THE 2018 PRIMARY AND GENERAL
ELECTIONS
Item #16D4
AN AMENDMENT TO FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC) YOUTH HUNT
AGREEMENT NO. 17081 TO ALLOW A YOUTH HOG HUNT
FOR COLLIER COUNTY RESIDENTS AT PEPPER RANCH
PRESERVE IN APRIL 2018 – TO BE HELD APRIL 6TH
THROUGH 8TH
Item #16D5
MEMORANDA OF UNDERSTANDING WITH THE
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT
BOARD, INC. FOR THE DELIVERY OF THE 21ST CENTURY
COMMUNITY LEARNING CENTERS SWIMMING SKILLS
AND DROWNING PREVENTION “MIRACLE” PROGRAM IN
IMMOKALEE – CAMPS HELD MARCH 12-15, APRIL 28, JUNE
4-7 AND JUNE 11-14 AT THE IMMOKALEE SPORTS
COMPLEX
Item #16D6
RECOGNIZING FY2017/2018 FEDERAL TRANSIT
ADMINISTRATION SECTION 5311 REVENUE IN THE
AMOUNT OF $404,525 AWARDED TO COLLIER AREA
January 9, 2018
Page 89
TRANSIT (CAT) TO PROVIDE ACCESS TO
TRANSPORTATION FOR THE RURAL AREAS OF THE
COUNTY AND AUTHORIZING ALL NECESSARY BUDGET
AMENDMENTS – FUNDING FROM FDOT UNDER CONTRACT
#G0738
Item #16D7
APPROVAL OF THE ELECTRONIC SUBMITTAL OF A
PROJECT APPLICATION FOR FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION (FWC) AQUATIC HABITAT
RESTORATION/ENHANCEMENT SECTION (AHRES)
FUNDING FOR THE HYDROLOGIC MODELING OF PEPPER
RANCH PRESERVE – LOCATED NORTH AND WEST OF LAKE
TRAFFORD ROAD IN IMMOKALEE
Item #16D8
RECOGNIZING CARRY FORWARD INTEREST EARNED
FROM THE PERIOD OF JULY THROUGH SEPTEMBER 2017
ON ADVANCED LIBRARY FUNDING RECEIVED FROM THE
FLORIDA DEPARTMENT OF STATE TO SUPPORT LIBRARY
SERVICES AND EQUIPMENT FOR THE USE OF COLLIER
COUNTY RESIDENTS IN THE AMOUNT OF $1,585.04
Item #16D9
APPROVAL OF TEN (10) MORTGAGE SATISFACTIONS FOR
THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
LOAN PROGRAM IN THE COMBINED AMOUNT OF
$118,695.73 – PROPERTY LOCATED AT 606 CLIFTON STREET,
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2756 47TH STREET SW, 5223 COLLINS STREET, 5741 GAGE
LANE #201, 1940 50TH STREET SW, 12096 SITTERLEY STREET,
402 ROSE AVENUE (2), 4232 18TH PLACE SW, 2421 20TH
AVENUE NE
Item #16D10
APPROVAL OF 14 RELEASE OF LIENS WITH A COMBINED
AMOUNT OF $85,776.18 FOR SINGLE-FAMILY OWNER-
OCCUPIED PROPERTIES THAT HAVE REMAINED
AFFORDABLE FOR THE REQUIRED 15-YEAR PERIOD SET
FORTH IN THE STATE HOUSING INITIATIVES PARTNERSHIP
(SHIP) IMPACT FEE PROGRAM DEFERRAL AGREEMENTS –
FOR FOLIO #40920560004, #40474960008, #40351120000,
#39952680002, #63912680005, #56404240009, #62152680002,
#62098080009, #62150600000, #62097560009, #62150460004,
#62259120009, #62156960003 AND #62100440003
Item #16D11
A GRANT AWARD FROM THE FLORIDA FISH AND
WILDLIFE CONSERVATION COMMISSION (FWC) IN THE
AMOUNT OF $3,675 FOR THE PURCHASE AND DELIVERY OF
THREE (3) BEARSAVER TRASH RECEPTACLES FOR THREE
(3) COLLIER COUNTY PARK SITES LOCATED IN
IMMOKALEE AND AUTHORIZE ANY NECESSARY BUDGET
AMENDMENTS
Item #16D12
AN FY17-18 FEDERAL TRANSIT ADMINISTRATION (FTA)
January 9, 2018
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SECTION 5310 GRANT AWARD IN THE AMOUNT OF
$345,921, AUTHORIZING THE NECESSARY BUDGET
AMENDMENTS, AND APPROVE THE PURCHASE OF THREE
(3) PARATRANSIT VEHICLES AND RADIOS USING THOSE
FUNDS
Item #16E1
AWARD INVITATION TO BID (ITB) #17-7173 “2018
COMPUTER SUPPLIER FOR COLLIER COUNTY” TO STAPLES
CONTRACT & COMMERCIAL, INC. AND COMPUTERS AT
WORK! INC. D/B/A VTECHIO
Item #16E2
THE ADDITION OF ONE (1) CLASSIFICATION TO THE 2018
FISCAL YEAR PAY & CLASSIFICATION PLAN MADE FROM
OCTOBER 1, 2017 THROUGH DECEMBER 31, 2017 – FOR THE
ADDITION OF A NEW SITE PLAN REVIEWER
Item #16E3
AUTHORIZING THE COLLIER COUNTY EMS CHIEF AND
EMS FLIGHT PROGRAM MANAGER TO SIGN THE ACCESS
AND CONFIDENTIALITY AGREEMENT TO OBTAIN ACCESS
TO PATIENT OUTCOMES FROM LEE MEMORIAL HOSPITAL
UTILIZING THE EPIC SOFTWARE SYSTEM – FOR TRAINING
AND SYSTEM IMPROVEMENT
Item #16E4
January 9, 2018
Page 92
RESOLUTION 2018-02: DECLARING A PUBLIC PURPOSE FOR
COLLIER COUNTY EMS DIVISION TO ACCEPT
UNSOLICITED DONATIONS FROM MEMBERS OF THE
PUBLIC PROVIDED IN APPRECIATION FOR COUNTY EMS
SERVICES
Item #16E5
WAIVING COMPETITION AND APPROVING DOBBS
EQUIPMENT, LLC, AS A SINGLE SOURCE VENDOR FOR
FLEET PARTS, REPAIRS, AND SERVICES FOR JOHN DEERE,
HITACHI, AND BOMAG HEAVY EQUIPMENT FOR THE
PERIOD FY 2018 THROUGH FY 2022
Item #16E6
APPROVAL OF THE ADMINISTRATIVE REPORT PREPARED
BY THE PROCUREMENT SERVICES DIVISION FOR
DISPOSAL OF PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT - REVENUE FROM THE SALE OF NON-
ASSET SURPLUS EQUIPMENT WAS $922.20 AND THE
COUNTY RECEIVED TRADE-IN VALUE OF $19,300 FOR NEW
EQUIPMENT
Item #16E7
THE ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL – REPORT INCLUDES EIGHT (8)
CHANGE ORDERS TO CONTRACTS, ZERO (0) AMENDMENTS
January 9, 2018
Page 93
AND TWO (2) AFTER-THE-FACT MEMOS
Item #16E8
ACCEPTING THE DEPARTMENT OF HOMELAND SECURITY
(DHS) FEDERALLY-FUNDED SUB-GRANT AGREEMENT #18-
DS-XX-09-21-01-XXX IN THE AMOUNT OF $27,305 FOR ALL
HAZARDS INCIDENT TRAINING AND APPROVE THE
ASSOCIATED BUDGET AMENDMENT – EMERGENCY
MANAGEMENT TRAINING GEARED TO PROVIDE COLLIER
COUNTY NATIONALLY-ACCEPTED INCIDENT
MANAGEMENT CONCEPTS AND STRATEGIES RELATED TO
MANAGING MAJOR INCIDENTS SUCH AS HURRICANES,
WILDFIRES, AND ANY OTHER HAZARDS THAT MAY
OCCUR
Item #16E9
THE COUNTY MANAGER TO EXECUTE A FEDERALLY-
FUNDED SUB-AWARD AND GRANT AGREEMENT
THROUGH THE FLORIDA DIVISION OF EMERGENCY
MANAGEMENT (FDEM) AND SUBSEQUENT AMENDMENTS
FOR REIMBURSEMENT OF EXPENDITURES ASSOCIATED
WITH PREPARATION, RESPONSE AND RECOVERY FROM
HURRICANE IRMA
Item #16F1
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY –
January 9, 2018
Page 94
BUDGET AMENDMENT #18-177 FOR PAYMENT EXECUTION
OF A PERPETUAL CONSERVATION EASEMENT WITH THE
CONSERVATION FOUNDATION OF THE GULF COAST
Item #16F2
RESOLUTION 2018-03: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2017-18 ADOPTED
BUDGET
Item #16F3
TRANSFERING THE BALANCE OF $15,500 OF THE BCC
APPROVED $125,000 FUNDING COMMITMENT IN SUPPORT
OF THE NAPLES IS ROCKIN’ CONCERT EVENT THAT TOOK
PLACE ON DECEMBER 9, 2017 TO THE COMMUNITY
FOUNDATION OF COLLIER COUNTY, AMEND THE
MEMORANDUM OF UNDERSTANDING WITH THE
COMMUNITY FOUNDATION, AND MAKE A FINDING THAT
THIS ITEM PROMOTES TOURISM – REMAINING REVENUE
WITH BE DISTRIBUTED BY THE COMMUNITY
FOUNDATION AND THE UNITED WAY TO COVER STILL
UNMET NEEDS DUE TO HURRICANE IRMA
Item #16F4
APPROVAL OF ADDITIONAL FY 2018 BUDGET
AMENDMENTS COVERING POST HURRICANE IRMA CLEAN
UP AND RECOVERY FOR DEBRIS REMOVAL – COVERING
THE DEBRIS REMOVAL MISSION, REPAIRS TO STORM-
January 9, 2018
Page 95
WATER SYSTEM, WASTEWATER SYSTEM
REPAIRS/EQUIPMENT, PARK SYSTEM REPAIRS/EQUIPMENT
AND GENERAL GOVERNMENTAL FACILITY REPAIRS
Item #16G1
AN ASSUMPTION AGREEMENT AND SECOND AMENDMENT
TO A COMMERCIAL AVIATION OPERATIONS LICENSE
AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT
AUTHORITY AND CAREER AVIATION FLIGHT TRAINING
AND AIRCRAFT RENTAL, HOLDING, LLC, RELATING TO
OPERATIONS AT THE MARCO ISLAND EXECUTIVE
AIRPORT
Item #16H1
DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AN
ORDINANCE MAKING IT UNLAWFUL TO KNOWINGLY HIRE
AN UNLICENSED CONTRACTOR
Item #16H2
DIRECTING THE COUNTY ATTORNEY TO ADVERTISE AN
ORDINANCE REGULATING THE HARVESTING OF
PALMETTO BERRIES AND OTHER NATURAL RESOURCES
Item #16H3
PROCLAMATION RECOGNIZING U.S. COAST GUARD
AUXILIARY FLOTILLA 95, MARCO ISLAND, FOR 50 YEARS
OF MAKING COLLIER COUNTY SAFER FOR BOATERS AND
January 9, 2018
Page 96
FOR ITS COMMITMENT TO ITS MISSION FOR THE NEXT 50
YEARS. THIS PROCLAMATION WILL BE PRESENTED BY
COMMISSIONER FIALA TO FLOTILLA 95 AT ITS 50
ANNIVERSARY/CHANGE OF WATCH CELEBRATION ON
JANUARY 13, 2018 – ADOPTED
Item #16I
BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS
CORRESPONDENCE JANUARY 9, 2018
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
January 9,2018
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. DISTRICTS:
1) Heritage Bay Community Development District:
Meeting Agenda 10/05/2017
Meeting Minutes 10/05/2017
2) Naples Heritage Community Development District:
Meeting Agenda 05/02/2017
Meeting Minutes 05/02/2017
B. OTHER:
1) Collier Park of Commerce Owner's Association:
Proposed Budget
January 9, 2018
Page 97
Item #16J1
AN AGREEMENT AUTHORIZING THE COLLIER COUNTY
SUPERVISOR OF ELECTIONS TO ACCEPT FEDERAL
ELECTION ACTIVITIES FUNDS WITH A 15% MATCHING
CONTRIBUTION AND AUTHORIZING THE BOARD OF
COLLIER COUNTY COMMISSIONER’S CHAIR TO SIGN THE
CERTIFICATE REGARDING MATCHING FUNDS AND
CERTIFICATE OF EQUIPMENT FOR CASTING AND
COUNTING BALLOTS – FISCAL IMPACT OF $4,679.29
Item #16J2
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN NOVEMBER 30 AND
DECEMBER 27, 2017 PURSUANT TO FLORIDA STATUTE
136.06
Item #16J3
REQUEST THAT THE BOARD APPROVE AND DETERMINE
VALID PUBLIC PURPOSE FOR INVOICES PAYABLE AND
PURCHASING CARD TRANSACTIONS AS OF JANUARY 3,
2018
Item #16J4
SEEKING RATIFICATION OF PROPOSED SETTLEMENT
January 9, 2018
Page 98
AGREEMENT AND FULL AND FINAL MUTUAL GENERAL
RELEASE BETWEEN THE COUNTY AND SOUTHERN
SANITATION IN THE AMOUNT OF $2,546,110 FOR TWO
INVOICES ORIGINALLY BILLED AT $2,817,900 WHICH IS A
$271,790 (9.6%) REDUCTION – FOR ADDITIONAL SEWAGE
SERVICES DURING HURRICANE IRMA
Item #16K1
AUTHORIZING THE COUNTY ATTORNEY TO RETAIN
JAMES L. NULMAN, ESQ. OF NULMAN MEDIATION
SERVICES AS NEEDED FOR GENERAL LITIGATION CASES
INVOLVING COLLIER COUNTY – FEE SCHEDULE IS
INCLUDED IN THE EXECUTIVE SUMMARY
Item #16K2
A THIRD AMENDMENT TO AGREEMENT FOR LEGAL
SERVICES RELATING TO A RETENTION AGREEMENT WITH
ALLEN, NORTON & BLUE, P.A., EXTENDING THE
EXPIRATION DATE TO FEBRUARY 26, 2021 AND
INCREASING THE HOURLY RATE FOR PARTNERS AND
ASSOCIATES BY $10.00
Item #16K3
RESOLUTION 2018-04: DECLARING A VACANCY ON THE
ANIMAL SERVICES ADVISORY BOARD – DUE TO A
MEMBER’S FOUR UNEXCUSED ABSENCES
Item #16K4
January 9, 2018
Page 99
RESOLUTION 2018-05: RE-APPOINTING CLAY C. BROOKER,
CHRIS MITCHELL AND JAMES E. BOUGHTON TO THE
DEVELOPMENT SERVICES ADVISORY COMMITTEE WITH
TERMS EXPIRING DECEMBER 14, 2021
Item #16K5
RESOLUTION 2018-06: RE-APPOINTING ERNEST
BRETZMANN AND APPOINTING CECILIA ZENTI TO THE
GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD
WITH TERMS EXPIRING DECEMBER 31, 2020
Item #16K6
RESOLUTION 2018-07: APPOINTING HARRY WILSON TO
THE RADIO ROAD BEAUTIFICATION ADVISORY
COMMITTEE WITH TERM EXPIRING MARCH 3, 2021
Item #16K7
A STIPULATED FINAL JUDGMENT IN THE AMOUNT OF
$5,500 AS FULL COMPENSATION FOR THE TAKING OF
PARCEL 433RDUE IN THE CASE STYLED COLLIER COUNTY
V. ANGEL CRESPO, ET AL., CASE NO. 17-CA-1386,
REQUIRED FOR IMPROVEMENTS TO GOLDEN GATE
BOULEVARD (PROJECT NO. 60145). (FISCAL IMPACT:
$1,170) – FOR ROAD WIDENING FROM EAST OF
EVERGLADES BLVD TO THE FAKA UNION CANAL
Item #17A
January 9, 2018
RESOLUTION 2018-08: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2017-18 ADOPTED
BUDGET
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :26 a.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS CONTROL g-7 "
AAN Y SOLIS, CHAIRMAN
ATTEST
DWIGHT E. BROCK, CLERK
, KLiy/eli : 0 ''th.ZA__Cr-----
.,est as igt4ai v s
v gnature only.
These minutes app7ed by the Board on 02-113 //E3 ,
as presented or as corrected .
Page 100
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, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY CICITY LifCOUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
January 9, 2018 d ELECTIVE 0 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(CRAB)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
11
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 Solis hereby disclose that on January 9, 20 18
(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, a client of my law firm, WCI
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of , 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 Tuesday, January 9, 2018, the Board of County Commissioners will consider a recommendation to accept
the private roadway and drainage improvement and the plat dedications for the final plat at Carrara at Talis Park.
The applicant, WCI, 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 9, 2018
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 SB-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, Suite 300 WHICH I SERVE ISAUNITOF:
CITY COUNTY ❑CITY dCOUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
January 9, 2018 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(CRAB)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
, hereby disclose that on , 20
(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 Evoqua Water Technologies LLC , 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 Tuesday, January 9, 2018, the Board of County Commissioners will consider a recommendation to authorize
an increase of$250,000 to the purchase order for Bioxide Plus 71, Aktivox and VX456.
The vendor, Evoqua Water Technologies 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 9, 2018
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.