BCC Minutes 05/08/2018 RMay 8, 2018
Page 1
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, May 8, 2018
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as the
Board of Zoning Appeals and as the governing board(s) of such special
districts as have been created according to law and having conducted
business herein, met on this date at 9:00 a.m., in REGULAR SESSION
in Building "F" of the Government Complex, East Naples, Florida,
with the following members present:
CHAIRMAN: Andy Solis
William L. McDaniel, Jr.
Donna Fiala
Burt L. Saunders
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal Kinzel, Director of Finance & Accounting
Troy Miller, Communications & Customer Relations
Page 1
May 8, 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
May 08, 2018
9:00 AM
Commissioner Andy Solis, District 2 - BCC Chair
Commissioner William L. McDaniel, Jr., Dist. 5 - BCC Vice-Chair; CRAB Co-Chair
Commissioner Donna Fiala, District 1; CRAB Co-Chair
Commissioner Burt Saunders, District 3
Commissioner Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
REQUESTS TO 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
Page 2
May 8, 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. Reverend Dawson Taylor of Naples United Church of Christ
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. April 10, 2018 BCC Meeting Minutes
3. AWARDS AND RECOGNITIONS
A. EMPLOYEE
B. ADVISORY BOARD MEMBERS
Page 3
May 8, 2018
C. RETIREES
D. EMPLOYEE OF THE MONTH
1) Recommendation to recognize Marcus Berman, County Surveyor,
Growth Management Department as the April 2018 Employee of the
Month.
4. PROCLAMATIONS
A. Proclamation designating May 1-8 as National Correctional Officers Week
in Collier County. To be accepted by Sheriff Kevin Rambosk, Chief Chris
Roberts, Capt. Beth Richards, Cmdr. Patricia Gifford, Cmdr. Kevin
McGowan and other Corrections Officers and Naples Jail Center staff.
B. Proclamation designating May 7-12 as National Economic Development
Week in Collier County. To be accepted by Kristi Bartlett, Vice President,
Economic Development, Greater Naples Chamber of Commerce; Jace
Kentner, Director, Office of Business and Economic Development; Jennifer
Pellechio, COO, Naples Accelerator; Cathy Haworth, Consultant, FGCU
Small Business Development Center; and Cheryl McDonnell, Co-Chair,
SCORE.
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for May 2018 to
Naples Print Source. To be accepted by Blase Ciabaton, owner of Naples
Print Source. Also present is Bethany Sawyer from the Greater Naples
Chamber of Commerce.
B. Presentation of the 2018 “Against All Odds” award to co-recipients Arthur
Bookbinder and David C. Weigel.
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
8. BOARD OF ZONING APPEALS
Page 4
May 8, 2018
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve petition PL20160003084/CPSS-2016-3, a
Growth Management Plan Small Scale Amendment specific to the Mini
Triangle Mixed Use Subdistrict. (Adoption Hearing) (This is a Companion
to Agenda Items 9B and 9C)
B. Recommendation to approve an Ordinance amending Ordinance No. 2004 -
41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, by providing for: Section One, Recitals; Section
Two, Findings of Fact; Section Three, Adoption of Amendments to the Land
Development Code, more specifically amending the following: Chapter Four
- Site Design and Development Standards, including section 4.02.06
Standards for Development in Airport Zones, to exempt the Mini-Triangle
Subdistrict of the Urban Designation, Urban Mixed Use District of the
Growth Management Plan from the Height Standards for Development in
Airport Zones; Section Four, Conflict and Severability; Section Five,
Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. (This is a companion to Agenda Items 9A and 9C).
C. Recommendation to approve an Ordinance amending Ordinance No. 2004 -
41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida by amending the appropriate zoning atlas
map or maps by changing the zoning classification of the herein described
real property from a General Commercial District in the Mixed Use
Subdistrict of the Gateway Triangle Mixed Use District Overlay (C-4-
GTMUD-MXD) zoning district to a Mixed Use Planned Unit development
in the Mixed Use Subdistrict of the Gateway Triangle Mixed Use District
Overlay (MPUD-GTMUD-MXD) zoning district for a project known as the
Mini-Triangle MPUD to allow construction of up to, with a mix to be
determined by maximum allowable traffic generation, 377 multi-family
dwelling units, 228 hotel suites, 111,000 square feet of commercial uses and
90,000 square feet of general and medical office uses, 150 assisted living
units, 60,000 square feet of self-storage and 30,000 square feet of car
dealership; providing for maximum height of 168 feet, on property located
near the southern corner of the intersection of Davis Boulevard and Tamiami
Trail East in Section 11, Township 50 South, Range 25 East, Collier County,
Florida, consisting of 5.35± acres; providing for repeal of conditional us e
Page 5
May 8, 2018
resolutions; and by providing an effective date. [PL20160003054] (This is a
companion to Agenda Items 9A and 9B)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to submit a resolution to the Florida Forest Service to
indicate support for the use of swamp buggies within the Picayune Strand
State Forest and Wildlife Management Area during specified State of
Florida hunting seasons and on designated roads.
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept an update to the After-Action Report provided
during the Board’s November 7, 2017 Workshop regarding the effects of
Hurricane Irma. (Dan Summers, Bureau of Emergency Services, Division
Director)
B. Recommendation to authorize the creation of twelve (12) additional Full-
Time Equivalent positions in the Growth M anagement Department in
response to increased customer demand. The proposed positions will be
funded with current user fee reserves, require no additional fees, and have no
impact on the General Fund. (James French, Deputy Department Head,
GMD)
C. Recommendation to Award Invitation to Bid #17-7228 to Quality
Enterprises USA, Inc., for the “Pine Ridge Road Intersection Improvements
at Logan Boulevard and Airport Road” project for construction of
intersection improvements in the amount of $1,428,802.78 (Project #33524)
(Mark McCleary, Principal Project Manager, Transportation Engineering)
D. Recommendation to Award Invitation to Bid No. 18-7278 CCSO CID
Building HVAC & Roof Replacement, to Cedars Electro -Mechanical, Inc.,
in the amount of $2,098,132, and to authorize a budget amendment in the
amount of $517,757 from Project No. 52162 to supplement the award.
(Claude Nesbitt, Project Manager, Facilities Management Division)
12. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board to consider extending the Agreement for
Special Magistrate Brenda C. Garretson for an additional two -years, to
Page 6
May 8, 2018
terminate on May 15, 2020.
B. Recommendation to approve Request for Proposal (RFP) #18-7298 to
Patrick Neale & Associates for Special Magistrate Services for Code
Enforcement Division.
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 BCC Future Workshop Schedule
------------------------------------------------------------------------------------------------------------
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to enter into a public-private partnership between
Collier County and Oakes Farms, Inc., supporting economic
development through a joint use parking facility lease on a vacant
County-owned property located on the northwest corner of Immokalee
and Livingston Roads for employee parking for the Seed to Table
Market.
2) Recommendation to approve and authorize the Chairman to execute
Change Order No. 1 to Contract No. 14CO1 with the Florida
Department of Environmental Protection Bureau of Beaches and
Coastal Systems Beach Management Funding Assistance Program for
Collier County Beach Nourishment, allowing the County to receive
Page 7
May 8, 2018
full reimbursement for eligible costs and make a finding that this item
promotes tourism.
3) Recommendation to ratify Change Order No. 1 to Purchase Order
#45-185929 with Ferreira Construction Co. Inc. in the amount of
$92,578.50 for independent third-party turbidity monitoring services
and make an after-the-fact finding that this item promotes tourism
(Project Nos. 80288 and 90549).
4) Recommendation to approve a Purchase Agreement for the purchase
of a fee simple parcel (Parcel 104FEE) and a Temporary Construction
Easement (Parcel 104TCE) necessary for the construction of roadway
and related improvements required at the intersection of Airport-
Pulling Road and Davis Boulevard, Project No. 60148 (Fiscal Impact:
Approximately $182,650)
5) Recommendation to approve final acceptance of the potable water and
sewer utility facilities for Waterside Shops – True Food Kitchen,
PL20160003486, and to authorize the County Manager, or his
designee, to release the Utilities Performance Security (UPS) and
Final Obligation Bond in the total amount of $5,670.92 to the Project
Engineer or the Developer’s designated agent.
6) Recommendation to approve final acceptance of the sewer facilities
for Orchid Run, Phase 1, PL20150001955, accept unconditional
conveyance of a portion of the sewer facilities, and to authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$24,039.87 to the Project Engineer or the Developer’s designated
agent.
7) Recommendation to approve final acceptance of the potable water and
sewer facilities for Livingston Lakes, PL20150000325, accept
unconditional conveyance of a portion of the potable water and sewer
facilities, and to authorize the County Manager, or his designee, to
release the Utilities Performance Security (UPS) and Final Obligation
Bond in the total amount of $92,031.80 to the Project Engineer or the
Developer’s designated agent.
8) Recommendation to approve final acceptance and unconditional
Page 8
May 8, 2018
conveyance of the potable water utility facilities for Deephaven at
Quail West, Phase III, Unit 7, PL20130001754 and to authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the total amount of $4,000 to the Project Engineer or the
Developer’s designated agent.
9) Recommendation to grant final acceptance of the private roadway and
drainage improvements for the final plat of Lakoya – Phase II,
Application Number PL20130001254 with the roadway and drainage
improvements being privately maintained, acceptance of the plat
dedications, and authorizing the release of the maintenance security.
10) 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 Tract 88, Golden Gate
Estates, Unit No. 61 Replat, Application Number PL20170004263.
11) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Addison Place, (Application
Number PL20170004121) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Spanish Oaks Phase
Two, Application Number PL20180000292.
13) Recommendation to approve and authorize the Chairman to sign the
Utility Facilities Quit-Claim Deed and Bill of Sale between Collier
County and RaceTrac Petroleum, Inc., in order to reconvey to
RaceTract Petroleum Inc., any interest the County may have in certain
sewer utility facilities associated with the RaceTrac at Pine Ridge
Development, SDP 98-28.
14) Recommendation to award Agreement #16-6700 for "Professional
Page 9
May 8, 2018
Design and Related Services for Stan Gober Memorial Bridge
Repair/Rehabilitation Project (Bridge Number 030184)" to Cardno
Inc. in the amount of $271,565.59 (Project No. 66066)
15) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Inland Village,
Application Number PL20170003955.
16) Recommendation to approve the release of a code enforcement lien
with an accrued value of $136,489.12 for payment of $2,289.12 in the
code enforcement actions entitled Board of County Commissioners v.
Michael J. Micelli, Trs. Code Enforcement Board Case No.
2005010143 relating to property located at 4600/4630 Gulfstream
Drive, Collier County, Florida.
17) Recommendation to approve the release of a code enforcement lien
with a value of $83,212.20 for payment of $750 in the code
enforcement actions entitled Board of County Commissioners v.
Conexar Group, LLC, Code Enforcement Board Case No.
CELU20110015511 relating to property located at 5148 24th Ave
SW, Collier County, Florida.
18) Recommendation to approve and authorize the Chairman to execute
Contract No. 17-7188 to provide Fixed Term Professional
Engineering Services for Nearshore Hardbottom Monitoring of
Collier County’s coast by CSA Ocean Sciences, Inc., and authorize
the Chairman to execute Work Order with CSA Ocean Sciences, Inc.
for Time and Material not to exceed $168,405.71, and make a finding
that this expenditure promotes tourism
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to accept and approve the Florida Department of
Environmental Protection’s offer to pay for and have their appointed
contractor investigate a historic fuel discharge at the Old Fuel Island
site at the Government Complex.
Page 10
May 8, 2018
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to execute an Amendment to a Bus and Bus
Facilities Joint Participation Agreement (JPA) between Collier
County and the Florida Department of Transportation (FDOT) to
recognize the use of $50,600 toll revenue credits as the source of
matching funds for this award.
2) Recommendation to approve the Selection Committee’s ranking and
authorize entering into negotiations with Q. Grady Minor &
Associates, P.A., for a contract related to Request for Professional
Services (RPS) Number 18-7279 “Big Corkscrew Island Regional
Park Phase II Design.”
3) Recommendation to approve a Budget Amendment in the amount of
$66,177, transferring funds from Project #80360, Community Park
Assessment (306) to Project #80381 Community Park - Artificial Turf
(306), enabling the division to capture all the expenses for design and
construction of the field under one project number.
4) Recommendation to adopt a Resolution repealing all previous
resolutions establishing the Collier County Parks and Recreation
Policy and Procedures to authorize the sale and consumption of
alcoholic beverages in Collier County Parks with a valid permit issued
by the Parks and Recreation Division.
5) Recommendation to authorize the Rotary Club of Naples-Collier, Inc.
to use the Fred W. Coyle Freedom Park for its Honor Flag Fundraiser
for 2018. This project supports the various charities of the Rotary
Club including the Freedom Memorial.
6) Recommendation to approve a Memorandum of Understanding with
the Southwest Florida Workforce Development Board which will
allow up to 130 children in Immokalee to receive recreational
opportunities during the summer.
7) Recommendation to approve six (6) mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) Loan Program in the
combined amount of $17,500.
Page 11
May 8, 2018
8) Recommendation to approve and authorize the Chairman to sign two
(2) State Housing Initiative Partnership (SHIP) sub-recipient
Agreements with LeeCorp Homes Inc. and Prestige Home Centers,
Inc. in the amount of $760,000 each for the administration of the
Demolition and/or Replacement of Manufactured Housing.
9) Recommendation to authorize payment of an outstanding invoice
from CenturyTel Service Group (dba CenturyLink) in the amount of
$80,738.08 for work performed by CenturyLink under the Public
Service Commission (PSC) Tariff to bury communication utilities for
the Vanderbilt Beach Municipal Service Taxing Unit (MSTU) Utility
Conversion Project Phases II and III.
10) Recommendation to approve two (2) State Housing Initiatives
Partnership (SHIP) Program Impact Fee releases of lien in the amount
of $15,051.80 for the associated owner-occupied affordable housing
dwelling unit where the obligation has been repaid in full.
11) Recommendation to authorize Budget Amendments totaling $233,000
transferring funds from existing Unincorporated Area General Fund
(111) budgets to expedite repairs to the Kiddy Pool feature at the
Golden Gate Aquatic Center.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to authorize a budget amendment to Fund 516,
Property and Casualty Insurance, to pay claims associated with
Hurricane Irma.
2) Recommendation to correct a scrivener’s error in the bid award on
ITB #17-7096 “South County Water Reclamation Facility Control
Room Renovation,” Project Number 70119.2, to One Source
Construction Company & Builders, Inc. on June 13, 2017 from
$197,675 to $212,675.
3) Recommendation to extend solicitation #13-6149, Printing and
Copying Services, with the original Board of County Commissioners -
approved awardees for up to 180 days or until a new contract is
awarded, whichever is soonest, while public request for bids are
Page 12
May 8, 2018
solicited.
4) Recommendation to approve the Administrative Reports prepared by
the Procurement Services Division for change orders and other
contractual modifications requiring Board approval.
5) Recommendation to approve the administrative report prepared by the
Procurement Services Division for disposal of property and
notification of revenue disbursement.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve Tourist Development Tax Promotion
funding to support the upcoming June 2018 sports event up to $12,700
and make a finding that this expenditure promotes tourism.
2) Recommendation to approve a Tourist Development Tax Promotion
sponsorship of a Rookery Bay National Estuarine Research Reserve
(RBNERR) documentary produced by Live Oak Productions for
$25,000, and make a finding that this project promotes tourism.
3) Recommendation to ratify the County Manager’s award of
Solicitation No. 18-7359 Clam Pass Dredging Project to Cavache,
Inc., using Tourist Development Tax funds in the amount of
$263,774.50, based on Board direction on March 27, 2018, and make
a finding that this expenditure promotes tourism.
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2017-18 Adopted Budget.
5) Recommendation to approve a Release of Lien for the Job Creation
Investment Program and Broadband Infrastructure Investment
Agreements with Anchor Health Centers P.A. and Naples Investment
Group LLC.
6) Recommendation to approve First Amendment to Agree ment between
Economic Incubators, Inc. and the Board of County Commissioners
for FY 2018, recognizing a position title change for an employee at
the Florida Culinary Accelerator @ Immokalee in continued support
Page 13
May 8, 2018
of the established public-private partnership designed to advance the
County’s economic development efforts.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation recognizing the extraordinary humanitarian efforts of
the Tzu Chi Foundation under the leadership of Director General
Philip T.Y. Wang for the Foundation's empathetic response to the
needs of Collier County in the aftermath of Hurricane Irma. This
proclamation will be hand delivered by Commissioner Penny Taylor.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Quarterly Investment Report to the Board regarding the investment of
County funds as of the quarter ended March 31, 2018.
2) Recommendation to approve a budget amendment recognizing
$1,826,000 in revenues and expenditures in the Sheriff's FY2018
General Fund.
3) Request that the Board approve and determine valid public purpose
for invoices payable and purchasing card transactions as of May 2,
2018.
4) 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 April 12 and April 25, 2018 pursuant to Florida
Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to Award Contract #18-7343-WV “Court Reporting
Services” to U.S. Legal Support, Inc., and to accept the exemption of
competition.
Page 14
May 8, 2018
2) Recommendation to reappoint a member to the Water and Wastewater
Authority.
3) Recommendation to authorize the County Attorney's Office to make
an Offer of Judgment to Respondent, Edi Carrillo Somoza, in the
amount of $35,001, plus $6,441.93 in statutory attorney fees, as full
compensation for the acquisition of Parcel 449RDUE, in the pending
lawsuit styled Collier County v. David Martinez, et al., Case No. 17 -
CA-1454, required for the Golden Gate Blvd. E. Expansion Project
No. 60145, east of Everglades Blvd. to Faka Union Canal. (Fiscal
Impact: $25,962.93, including attorney fees calculated according to
the statutory benefit formula if the Offer is accepted).
4) Recommendation to authorize the County Attorney's Office to make
an Offer of Judgment to Respondent, Manuel A. Fernandez-Pena, in
the amount of $35,001, plus $6,468.33 in statutory attorney fees, as
full compensation for the acquisition of Parcel 414RDUE, in the
pending lawsuit styled Collier County v. Lourdes Perez Bello, et al.,
Case No. 17- CA-1390, required for the Golden Gate Blvd. E.
Expansion Project No. 60145, east of Everglades Blvd. to Faka Union
Canal. (Fiscal Impact: $26,069.33, including attorney fees calculated
according to the statutory benefit formula if the Offer is accepted)
5) Recommendation to authorize the County Attorney to advertise and
bring back for a public hearing an ordinance amending Ordinance No.
97-8, as amended, the Collier County False Alarm Ordinance, to
clarify the requirements for the registration and re-registration of
alarm systems and the responsibility for late fees. (Sheriff’s Request)
------------------------------------------------------------------------------------------------------------
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.
Page 15
May 8, 2018
------------------------------------------------------------------------------------------------------------
A. Recommendation that the Board adopts an ordinance which expands the
powers of the Special Magistrate, and eliminates the Special Magistrate
Review Board.
18. ADJOURN
Inquiries concerning changes to the Board’s Agenda should be made to the County
Manager’s Office at 252-8383.
May 8, 2018
Page 2
MR. OCHS: Ladies and gentlemen, please take your seats.
Mr. Chairman, you have a live mike.
CHAIRMAN SOLIS: Good morning and welcome to the May
meeting of the Collier County Commission.
We'll start today's agenda with the invocation and the pledge.
The invocation will be given by Reverend Dawson Taylor of the
Naples United Church of Christ.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE – GIVEN BY
COUNTY MANAGER LEO OCHS
MR. OCHS: Mr. Chairman, I don't think the reverend is here so,
if you don't mind, I'll just --
CHAIRMAN SOLIS: Please.
MR. OCHS: Heavenly father, we ask your blessings on these
proceedings and all who are gathered here. We ask this, a special
blessing, on this Board of County Commissioners, guide them in their
deliberations, grant them wisdom and vision to meet the trials of this
day and the days to come. Bless us now as we undertake the business
of Collier County and its citizens; that our actions will serve the greater
good of all citizens and be accepted in your sight.
These things we pray in your name. Amen.
CHAIRMAN SOLIS: Commissioner Saunders, would you lead
us in the pledge.
(The Pledge of Allegiance was recited in unison.)
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
May 8, 2018
Page 3
SUMMARY AGENDA AS AMENDED (EX PARTE
DISCLOSURE PROVIDED BY COMMISSION MEMBERS FOR
CONSENT AGENDA.) - APPROVED AND/OR ADOPTED
W/CHANGES (COMMISSIONER SOLIS ABSTAINED FROM
ITEMS #16A4, #16A5, #16A7 AND #16F5) ITEM #17A –
MOTION TO RECONSIDER BY COMMISSIONER SOLIS
APPROVED
MR. OCHS: Good morning, Mr. Chairman, Commissioners.
These are the proposed agenda changes for the Board of County
Commissioners meeting of May 8th, 2018.
I'm pleased to report, Commissioners, I only have one agenda
note, no movement at this point on the agenda, and that note is
regarding Item 16F6 on your consent agenda. The note is to just
specify that the effective date of the position title change referenced in
the executive summary is February 1st, 2018. That clarification is
made at the staff's request.
That's all I have, sir.
CHAIRMAN SOLIS: Thank you.
Any changes, comments, disclosures --
COMMISSIONER McDANIEL: No changes.
CHAIRMAN SOLIS: -- on the consent?
COMMISSIONER McDANIEL: No ex parte.
COMMISSIONER FIALA: No changes, no corrections, no ex
parte, no nothing.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: The same with me; no changes,
no ex parte.
COMMISSIONER McDANIEL: Grab the mike, Commissioner
Taylor. There you go.
COMMISSIONER TAYLOR: No changes, no ex parte.
May 8, 2018
Page 4
COMMISSIONER SAUNDERS: No changes and no ex parte as
well.
MR. OCHS: Commissioner Saunders; I'm sorry, sir. Did you
want to get some clarification on those two code --
COMMISSIONER SAUNDERS: Actually, I'm glad you
mentioned that. 16A16 and 16A17, those are code enforcement lien
waivers, and the numbers there are fairly dramatic in terms of the
amount of the reduction in the liens. And the County Manager and I
were discussing that yesterday. I had indicated I was kind of curious
as to why there would be such a great reduction. And if you've got a
little of an explanation -- I don't want to take it off the consent agenda,
but thank you for mentioning that.
MR. OCHS: Yes, sir. I'll ask Mr. Ossorio to step forward. He
can go through the policy that guides those calculations, sir, very
quickly.
COMMISSIONER SAUNDERS: As he's getting ready to
discuss that, the amounts of the reductions, one of the liens was
$136,000, and that's reduced to 2,000, and another lien was $83,000,
and that's reduced to $750, and that's what kind of jumped out at me.
MR. OCHS: Sure.
MR. OSSORIO: Sure. For the record, Michael Ossorio, director
of Code Enforcement.
There's a resolution, 2012-46, that sets the stage for how we
actually look at reduction of waiver of fines.
And, Leo, if you can turn to Page No. 2, I'll just go ahead and just
read you a caption. "It is the intent and the purpose of the county to
adopt a resolution to set forth in a policy," and then if you go to No. 3
for me, Leo.
MR. OCHS: Page 3.
MR. OSSORIO: Please. Thank you.
"The director of Code Enforcement Department may recommend
May 8, 2018
Page 5
settlement of code enforcement liens upon consideration of specific
criteria." And just to let you know that since I've been the director, we
have what you call a settlement -- or committee, we meet monthly, and
we actually review all the criteria that's set under 4.1.
And it's actually Section A, which is fines, amount fixed, no
longer accruing, periodic basis. That means there's weeds over 18
inches. Identified violations been resulted (sic), the history of the
violation, and the new ownership.
Ninety percent, what you see in front of you, are new ownerships,
so they take the investment of buying the piece of property, distressed
property, foreclosure property, a lien from the county, and they will
either fix the code violation, abate the issues, permitting some of them.
I think there's one case which you have in front of you today is a
permitting violation that the homeowner bought a duplex but,
unfortunately, it was a single-family home, and it took a substantial
amount of money and time and effort to get this single-family home
back into compliance.
So this homeowner, you know, came to us. We have a
committee. They sit with us, and we go over the history of the case.
And if it is a hardship or it meets the criteria -- we try to not look at it
as a money-making machine but more of an amenity for people to get
in compliance. So the 450, the 8,000, they have to make an offer. But
over the course of many years, since 2012 previous directors have
basically said, if they meet the criteria of 4.1 and they go through our
committee and we do a recommendation to the Board -- it's just the
450 is our hard costs of what it takes us to get to the Board through the
executive summary.
With that said, we have tightened up our reins, and this is why in
the last couple years -- I think Commissioner Fiala will probably tell
you that we used to have 12 to 15 waiver of fines every two weeks,
and now we're down to two to three. So it's not a guarantee that these
May 8, 2018
Page 6
applicants will meet the criteria of 4.1. We look at the history. We
have a robust committee. And the committee's made up of myself, the
operations manager, a senior supervisor, and also our lead investigator
who reviews the case to make sure it meets the criteria.
So once it meets the criteria -- and the money's really not a issue,
a money grabber for us, because we're looking for compliance. We
have to look towards what our core value is in Code Enforcement.
And I'll just give you a quick, and -- unfortunately, I don't have it
in front of me, but our core values and code is educate, promote, reach
out, and provide great customer service to our internal and external
customers. That doesn't mean that I'm not going to foreclosure on your
property; that doesn't mean that I'm not going to talk to the County
Attorney's Office to see it if meets the criteria that we need. But those
are the guidelines under the resolution that we live by on a monthly
basis, Commissioner.
COMMISSIONER SAUNDERS: Mr. Chairman, thank you for
the opportunity to have this discussion just real quickly.
I'll just raise a question and then a quick comment. On some of
these new acquisitions, I would assume that the purchase price may be
affected by the fact that there's a lien, and so we don't want to be in a
position where a would-be purchaser gets a benefit, if you understand
what I'm saying. And if there's a purchase price of $500,000 and
there's a $200,000 lien on the property, if that purchase price is reduced
by that amount of lien and then we waive the lien, then there's a little
bit of an extra benefit. So I'll just throw that out there as something to
consider.
And then in terms of -- I agree that compliance is really the goal.
And during our budget hearings I just want to make sure that we're
fully staffed and are able to respond to requests for Code Enforcement.
MR. OCHS: Yes, sir.
COMMISSIONER SAUNDERS: Anyway, thank you for that
May 8, 2018
Page 7
explanation.
MR. OSSORIO: Thank you.
COMMISSIONER FIALA: May I ask a question, as long as
we're -- but what you do get from them -- oh, excuse me. What you do
get from them covers your expense, right?
MR. OSSORIO: Of course. Any taxpayer money spent gets
recouped, and that's not part of the settlement. So any kind of hard
cost, any kind of percentage, any kind of vendor, any kind of
demolition we do gets paid up front so -- and, for the most part, if
there's a lien on the property, there's a lot of bank lenders who don't
choose, so this is a cash offer. And it's up to the person buying it, is
beware that there are liens, and sometimes they don't meet the criteria.
And so, it's buyer beware, and I recommend everyone do a lien
search. And this is why, in the last six months, our lien searches in
code has gone up from 500 to about 1,200 per month. So that tells us
that the economy's moving, it tells us that the people are buying
homes, and they're actually doing their due job and making sure that
there's no liens that are encumbered on the property, so...
MR. OCHS: Thanks.
MR. OSSORIO: Yep.
CHAIRMAN SOLIS: On the consent agenda, I don't have any ex
parte to disclose. I do have a couple conflicts: 16A4, 16A5, 16A7,
and 16F5 I will abstain from voting on. Those are clients of the firm.
So I will be not voting on those matters.
Other than that, is there a motion to approve?
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
May 8, 2018
Page 8
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It's approved.
Proposed Agenda Changes
Board of County Commissioners Meeting
May 8, 2018
Note:
Item 16F6: The effective date of the position title change is February 1. (Staff’s request)
5/31/2018 11:01 AM
May 8, 2018
Page 9
Item #2B
APRIL 10, 2018 BCC MEETING MINUTES - APPROVED AS
PRESENTED
MR. OCHS: Mr. Chairman, Item 2B is approval of the BCC
meeting minutes of April 10, 2018.
COMMISSIONER FIALA: Motion to approve.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: Motion and a second. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Minutes are approved.
Item #3D1
RECOMMENDATION TO RECOGNIZE MARCUS BERMAN,
COUNTY SURVEYOR, GROWTH MANAGEMENT
DEPARTMENT AS THE APRIL 2018 EMPLOYEE OF THE
MONTH – PRESENTED
MR. OCHS: Commissioners, that takes us to Item 3D1 on this
morning's agenda. This is a recommendation to recognize Marcus
Berman, county surveyor from the Growth Management Department,
as your April 2018 employee of the month.
May 8, 2018
Page 10
Marcus, if you'd please step forward.
(Applause.)
MR. OCHS: Get right there in the middle. There you go.
Stay right there for a second, Marcus. I'm going to tell the
audience all about you. This is -- Commissioners, our Public Transit
Division has a number of bus stop improvements that are scheduled for
which state and federal grants have been obtained, and several of these
stops that were located in the Immokalee area had a short time frame
for completion of that work before the grant expired.
So the staff needed to quickly obtain surveys of several locations.
They called Marcus. In addition to his regular workload, he stepped
up to the plate, provided surveys to get that information needed to keep
those transit projects on schedule. Throughout that process, Marcus
coordinated with our staff closely in transit to make sure the details
were exactly what was needed. The survey work will result in
improvements to 24 bus stops, providing the public with free access to
public transit.
Marcus' efforts are an excellent example of county teams working
together for the good of the community and demonstrates he's very
deserving of this award.
Commissioners, it's my pleasure to recognize Marcus Berman as
your April 2018 Employee of the Month. Congratulations.
(Applause.)
MR. OCHS: Move on to Item 4, proclamations.
Item #4
PROCLAMATIONS – ONE MOTION TAKEN TO ADOPT ALL
PROCLAMATIONS – ADOPTED
Item #4A
May 8, 2018
Page 11
PROCLAMATION DESIGNATING MAY 1-8 AS NATIONAL
CORRECTIONAL OFFICERS WEEK IN COLLIER COUNTY.
ACCEPTED BY CHIEF CHRIS ROBERTS, CAPT. BETH
RICHARDS, CMDR. PATRICIA GIFFORD, CMDR. KEVIN
MCGOWAN AND OTHER CORRECTIONS OFFICERS AND
NAPLES JAIL CENTER STAFF – ADOPTED
MR. OCHS: Item 4A is a proclamation designating May 1st
through May 8th as National Correctional Officers Week in Collier
County. To be accepted by Sheriff Kevin Rambosk, Chief Chris
Roberts, Captain Beth Richards, Commander Patricia Gifford,
Commander Kevin McGowan, and other corrections officers and
Naples Jail Center staff.
(Applause.)
COMMISSIONER FIALA: It's good that you brought
everybody. We get to see them.
COMMISSIONER TAYLOR: Three rows, guys.
MR. OCHS: Three rows. We need you all in the middle a little
bit.
COMMISSIONER TAYLOR: Vertically challenged in the
middle row.
CHIEF ROBERTS: If I may real quickly, the Sheriff couldn't be
here this morning. He had a previous engagement. He was going to
try and make it, but you know how his time works these days.
But he did want me to say a couple words. And, as always, we
appreciate the partnership that we have going on here in Collier
County. You know, the Sheriff's Office, Commissioners, county staff,
I was talking to Jamie French in the lobby earlier, there's no place that
I can think of that I'm aware of that we actually have it going better for
the people that we serve. So thank you very much.
(Applause.)
May 8, 2018
Page 12
Item #4B
PROCLAMATION DESIGNATING MAY 7-12 AS NATIONAL
ECONOMIC DEVELOPMENT WEEK IN COLLIER COUNTY.
ACCEPTED BY KRISTI BARTLETT, VICE PRESIDENT,
ECONOMIC DEVELOPMENT, GREATER NAPLES CHAMBER
OF COMMERCE; JACE KENTNER, DIRECTOR, OFFICE OF
BUSINESS AND ECONOMIC DEVELOPMENT; JENNIFER
PELLECHIO, COO, NAPLES ACCELERATOR; CATHY
HAWORTH, CONSULTANT, FGCU SMALL BUSINESS
DEVELOPMENT CENTER; AND CHERYL MCDONNELL, CO-
CHAIR, SCORE – ADOPTED
MR. OCHS: Item 4B is a proclamation designating May 7th
through May 12th as National Economic Development Week in
Collier County. To be accepted by Kristi Bartlett, vice president of
Economic Development with the Greater Naples Chamber of
Commerce; Jace Kentner, director of the county Office of Business
and Economic Development; Jennifer Pellechio, chief operating officer
of the Naples Accelerator; Cathy Haworth, consultant with Florida
Gulf Coast University Small Business Development Center; and
Cheryl McDonnell, the co-chair of SCORE.
(Applause.)
MR. OCHS: Congratulations.
MS. BARTLETT: Thank you, Commissioners, for all of your
support for economic development and for everyone that came out for
a retention visit last week. We've been posting pictures on social
media, so keep your eyes out for that. Thank you.
MR. OCHS: Mr. Chairman, if I could have a motion to approve
today's proclamations, please.
May 8, 2018
Page 13
COMMISSIONER SAUNDERS: So moved.
COMMISSIONER FIALA: Motion to approve all of the
proclamations for today.
CHAIRMAN SOLIS: Is there a second?
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: There's a motion and second. All in favor,
say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. OCHS: That moves us to Item 5, presentations.
Item #5A
PRESENTATION OF THE COLLIER COUNTY BUSINESS OF
THE MONTH FOR MAY 2018 TO NAPLES PRINT SOURCE.
ACCEPTED BY MR. AND MRS. BLASE CIABATON, OWNER
OF NAPLES PRINT SOURCE. ALSO PRESENT IS BETHANY
SAWYER FROM THE GREATER NAPLES CHAMBER OF
COMMERCE – PRESENTED
MR. OCHS: Item 5A is a presentation of the Collier County
Business of the Month for May 2018 to Naples Print Source. To be
accepted by Blase Ciabaton, owner of Naples Print Source. Also
present, Bethany Sawyer representing the Greater Naples Chamber of
Commerce.
May 8, 2018
Page 14
(Applause.)
MR. CIABATON: My wife and I just wanted to say thank you so
much to the county commissioners for recognizing us and for the
Naples Chamber. The Naples Chamber has been instrumental in the
success of our business, and we thank them for the support of all
businesses.
And my wife and I accept this honor on behalf of employees who
are back at the office now working hard to deliver on the promises that
we've made to our customers and, of course, we'd like to thank our
customers for appreciating the craftsmanship, skill, and attention to
detail that our team takes with every job every day.
So thank you very much. We're very humbled.
(Applause.)
Item #5B
PRESENTATION OF THE 2018 “AGAINST ALL ODDS”
AWARD TO CO-RECIPIENTS ARTHUR BOOKBINDER AND
DAVID C. WEIGEL – PRESENTED
MR. OCHS: Item 5B is a presentation of the 2018 "Against All
Odds" award to recipients Arthur Bookbinder and David Weigel. I
know, Mr. Chairman, you have a presentation. If you'd please step
forward, gentlemen.
(Applause.)
CHAIRMAN SOLIS: Good morning. David, it's Andy Solis.
How are you? Good to see you.
Let me just read a few things that I've been asked to read about
our recipients, because this is a very special award.
First, Arthur Bookbinder lost his vision in 1990 to retinites
pigmentosa. In 1991, he was diagnosed with the first of four major
May 8, 2018
Page 15
cancers. Those obstacles did not stop Bookbinder as he continued
working while receiving chemotherapy.
In 2005, he created the Bookbinder group, a consortium of
premiere low-vision consultants throughout North America.
Bookbinder helped grow the non-profit organization Lighthouse of
Collier, Inc., the only Collier County non-profit dedicated to low
vision and blind individuals.
He currently serves as the chairman of the Lighthouse board of
directors. Mr. Bookbinder also served as a mentor to students in the
Champions for Learning Take Stock in Children program.
Additionally, he currently serves on the executive committee and
was involved from the start with the Naples Men's Discussion Group,
an organization composed of 100 retired individuals that began 16
years ago and brings in speakers both local and from across the
country to present topics pertinent to our community.
In 2016, he was recognized by the Southwest Florida Community
Foundation as one of the faces of philanthropy, and he and his wife,
Susan, were recognized as champions at the Champions for Learning
2016 Night of Champions. Mr. Bookbinder was honored by the
Naples Daily News in November 2017 as one of its 25 over 50.
And David Weigel is known in the community for being a highly
ethical and principled attorney. During his 23-year tenure with the
Collier County Attorney's Office, he moved from an assistant county
attorney to chief assistant to the County Attorney from 1995 until
2008.
Mr. Weigel started experiencing significant vision impairment in
2003. In 2007, Mr. Weigel, along with approximately 60 members of
the community, initiated the creation of what would become the
Lighthouse of Collier, Inc., the only Collier County non-profit
organization dedicated to providing rehabilitation services and
resources gratis for low vision and blind individuals and their
May 8, 2018
Page 16
caregivers.
During 2008/2009 he chaired the Leadership Council, comprised
of 18 dedicated passionate community volunteers that became
recognized as the founders of Lighthouse Collier, Inc.
Mr. Weigel coordinated efforts to establish bylaws, incorporation,
IRS 501(c)3 charitable status, organizational structure, and location for
the Lighthouse and became its first president.
Mr. Weigel's participated in the Lighthouse's annual summer
camps where he has taught Morse code to provide a unique
communication experience for the kids.
He currently serves as secretary of the Lighthouse Board of
Directors and regularly speaks to local groups to bring awareness of
the services and assistance available through Lighthouse of Collier.
Mr. Weigel and his wife, Jeannie, have enjoyed raising their three
sons, Clayton, Colin, and Robert, who are all in their 20s and are
spreading their wings.
The County Commission called for nominations for the "Against
All Odds" award in the fall of 2017, and all the nominees have
overcome great obstacles to achieve success and excel.
And the County Commission chose to honor Mr. Bookbinder and
Mr. Weigel for demonstrating fortitude, determination, passion, and
perseverance and for overcoming challenges to achieve their dreams
against all odds.
(Applause.)
CHAIRMAN SOLIS: Can I give each one you -- we have these
wonderful statues. And I would just like to say -- and I don't know if
Mr. Weigel remembers this, but as a young attorney one of my most
memorable, for a lot of different reasons, experiences as an attorney
was actually with Mr. Weigel. We flew to Tallahassee one time on --
had something to do with the breakwaters off Marco Island, and it was
a great experience, and it's one of the stories that I always tell the
May 8, 2018
Page 17
young attorneys that join our firm.
So thank you.
(Applause.)
COMMISSIONER SAUNDERS: And, Mr. Chairman, in
reference to Mr. Weigel as well, I was the County Attorney at the time
that Mr. Weigel joined Collier County, joined the County Attorney's
Office. I had the pleasure of hiring Mr. Weigel a long, long time ago.
Kind of a funny story, because Dave has a twin brother, and about
a day after I had hired Dave Weigel, I go into the office and I see
someone sitting in the office who I thought was Dave Weigel, and I
said, "Dave, why are you back today?"
And he said, "I'm not Dave. I'm his brother."
So it's great to see you, and, Mr. Bookbinder, great to see you as
well.
CHAIRMAN SOLIS: Thank you for all you do.
MR. OCHS: I don't know if we could get a photo. If you could
just turn around and face the audience and the camera.
(Applause.)
COMMISSIONER FIALA: You know, these people keep giving
back to our community all the time.
MR. BOOKBINDER: Hi. I just want to thank the
commissioners and the commission staff very much.
I had a whole bunch to say, which obviously has been said
already. But I just want to say, if you want to see what this is all about,
pay a visit to the Lighthouse of Collier, the Center for Blindness and
Vision Loss. It is nine years old tomorrow, and I think -- David and I
have seats on the board there and have taken such pride in seeing really
the "lighthouse of excellence," which it is now. If not that, you can,
you know, just get on the website, and you'll see what we're talking
about. It relates directly -- it's LighthouseofCollier.org. It relates
directly to what this award is about, a very important award.
May 8, 2018
Page 18
There are thousands of people out there who have challenges, and
everyone -- it's so wonderful that the Commission keeps this out front
and makes sure that we're aware of it in the community; that
everybody needs a little bit of help in order to overcome their obstacles
and then results in being -- combating the odds.
Thank you very much. We really appreciate this.
(Applause.)
MR. WEIGEL: Well, it's certainly a pleasure to be here today.
It's like old home week. And it was a pleasure to be working with
these people a few years ago, and it's certainly a great pleasure to be
here today, and I thank you, Board of County Commissioners, Mike
Sheffield, Margie Hapke. I thank Leo. I thank everyone here for this
great opportunity, really, for Lighthouse.
Art just gave my speech, but I will mention that we are, as he
mentioned, celebrating our ninth anniversary. It's still an organization
with room to grow, and we appreciate the public support that comes.
Another thing that is nice to know is that Priscilla Grannis, our
very apt president, works here in Collier County just across the hall on
a daily basis as a legislative aide, and so you're always close to the
Lighthouse of Collier if you're here in this building.
Thank you, again, very much, and it's been a great pleasure, and
thanks to family and friends that have supported.
(Applause.)
MR. OCHS: Mr. Chairman, that takes us to Item 7 this morning,
public --
CHAIRMAN SOLIS: I'm sorry. Can I say something about the
artist real quick before we get into the agenda.
MR. OCHS: You're the chairman.
CHAIRMAN SOLIS: Yeah. Let me take control of this. Who's
in charge of this thing?
COMMISSIONER McDANIEL: Who is running it? Who's
May 8, 2018
Page 19
running this meeting?
CHAIRMAN SOLIS: I just want to bring everyone's attention to
the local Artist of the Month that we have displayed in the back. The
artist is Collier County resident Don Columbus.
Don's love of photography began at the age of seven with his first
camera. He realized at a young age that the camera has the ability to
capture details that are often missed in the moment, allowing people
the opportunity to revisit the memories for as long as they live.
Don's focus today at the age of 67 is to capture impactful images
of nature in the Naples area, and over the past year he has focused on
capturing the precious moments that he observes in Immokalee,
Florida.
So please enjoy the wonderful photography. Thanks.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Item 7, public comments on general topics not on
the current or future agenda.
MR. MILLER: Mr. Chairman, we have three registered speakers
for public comment today. Your first speaker is Axel Korn. He will
be followed by Garrett Beyrent.
MR. KORN: Good morning, everyone. My name's Axel Korn. I
reside in Estero, Florida. I want to thank everybody for this
opportunity to make a few comments and make a formal request to be
placed on the agenda for the next Board of County Commissioners
meeting.
I'm the Florida business unit leader of a company called Plug
Smart that was started in Naples 10 years ago by a founder and CEO,
May 8, 2018
Page 20
Rich Housh, who has been a Naples resident for 19 years. Another
Naples resident, Dolph Von Arx, was one of founding board members
and served on the board -- on Plug Smart's board of directors for eight
years. Plug Smart is an employee-owned company, so all of our people
are partners, and we're all impacted by this.
My team and I worked very hard every day from our local office,
which is located near downtown Naples on the campus of Naples
Community Hospital, which is our largest local client. We serve
Collier County and Lee County commercial clients, including Collier
County Government. Plug Smart has a lot of customers that we serve
directly from our Naples office in Tampa, Orlando, and all the way in
between.
Our Florida business is growing and prospering, and we are
continuing to expand our Southwest Florida office to keep up with
market demands. In the past 90 days, we have reviewed several
solicitations and RFPs that have come out for bid from Collier County
procurement where we have been penalized 10 percent of our total
score based upon a very small technicality that recently prevented us
from being awarded a contract from Collier County procurement.
We finished second to a Lee County based competitor who
received a 10 percent credit for being local due to an outdated
reciprocity agreement between our county and Lee County. As
business operators and taxpayers in Collier County, we do not believe
that preferential treatment for any vendor, whether they meet some
subjective criteria for being considered local or not, makes any
economic sense whatsoever for Collier County Government and its
taxpayers.
I respectfully request that this matter be placed on the formal
agenda for the next Board of County Commissioners meeting, until
that time when the current local vendor preference policy is modified
or rescinded, to consider Plug Smart as a local vendor any and all
May 8, 2018
Page 21
solicitations for HVAC, security and access control, and energy
management be placed on a temporary hold.
Thank you very much for your consideration and our request.
MR. MILLER: Your next speaker is Garrett Beyrent. He will be
followed by Rae Ann Burton. I think I've got that right.
MR. BEYRENT: Good morning, Commissioners.
Everybody probably knows by now that I made two more paddles
for pickleball for Hurricane Donna, and I made them underbudget.
They were $6.88 each. Gave one to Hurricane Donna. Nobody knows
who she is. She's the queen of pickleball. And the other one I gave to
Jim Ludwig who snookered me into cleaning up on Sunday after the
giant pickleball extravaganza.
I don't play pickleball, just so you know. It's nothing personal
here. But I do volunteer for stuff, and I parked my car way out
somewhere near -- I think it was near Marco Island where the last
pickleball court was built. I can't believe how many courts are out
here.
And, anyhow, in the back of this one court after cleanup with leaf
blowers, there was one pickle all by itself way out in the corner. I say,
there's one pickleball there, so I went and got -- I picked up the pickle.
And I looked at it, and it says, like, "U.S. Championship Pickleball,"
and it's got a stamp on it. Apparently, they recycle them, thousands of
them, after these tournaments. I thought, boy, you know what, I could
take this pickle and put it on a piece of wood, put a light behind it and
make a night light for the queen of pickleball.
But I realize, wait a minute, that pickleball is nothing. It costs
zero. This light costs a dollar from Walmart, right, and in front it was
lackluster. I said, "It doesn't look like something special." And then I
put a penny on the front of it, a shiny penny. And then I got the idea,
19 -- oh, 2018, right, and I thought, wait a minute. Penny. Penny.
Penny Taylor. Penny Taylor. I will give it to Penny Taylor so she will
May 8, 2018
Page 22
budget it, because she knows that a penny costs three cents to make.
You know that, right? It does.
So the long and short of it is, I'm awarding this to Penny Taylor
whose picture is on the back along with the other partners from last
year's pickleball. You didn't know that. You picked -- actually, that's
on the back, with Jim Ludwig, okay.
Long story. I want to do presentations in the future. I think we
should do them publicly. I think we should give them to
commissioners that have done something that people don't know about,
and this is it.
COMMISSIONER TAYLOR: Yes.
MR. BEYRENT: I don't ever talk -- he's a lawyer. I don't talk
lawyer.
COMMISSIONER TAYLOR: No. Commissioner Fiala is the
one who was the shepherd and the strongest advocate for pickleball in
this county.
MR. BEYRENT: I know. Although I didn't know it. Originally
I didn't have any idea. I had no idea. I said, what is this pickleball
thing going on?
COMMISSIONER TAYLOR: You don't remember when
Commissioner Nance gave her a jar of pickles?
MR. BEYRENT: No, okay. That killed mine. I got every
different jar of pickles in a box which -- seriously, I thought, we'll get
Vlasic here. Anyhow, just cut it really short, Jace Kentner and I are
actually going to produce these. We're going to hire kids to make these
in summer camp with Barry Williams. How about that?
COMMISSIONER McDANIEL: Nice.
COMMISSIONER TAYLOR: Thank you.
MR. BEYRENT: Okay. Here it is.
COMMISSIONER FIALA: What a cute idea.
MR. BEYRENT: Cost 66 cents.
May 8, 2018
Page 23
COMMISSIONER McDANIEL: Sixty-six cents is the aggregate
value, so there's no -- we're totally within our $4 limit.
COMMISSIONER FIALA: I don't know how many have ever
seen a pickleball, but when I first heard about pickleball, I thought
maybe it was green or maybe it had pimples on it or maybe it was
shaped like a pickle. This is what it really looks like.
CHAIRMAN SOLIS: Thank you.
MR. MILLER: Mr. Chairman, your final speaker for public
comment is Rae Ann Burton. I hope I'm saying that right.
MS. BURTON: Thank you. My name is Rae Ann Burton. I live
at 2530 31st Avenue Northeast, Naples, Florida.
I am here because of the LRTP road. I will continue to come
until this is taken off the docket.
Randall Road needs only left-turn lanes for the exit streets and
bike lanes. No S curve is needed. This is destructive on habitat and
canal access for our water drainage.
This LRTP goes against your statements that are in -- what I
found on your website. Collier County will focus on and create,
maintain vibrant, attractive, and safe communities that will benefit
residents, develop strong community bonds. These projects will not.
Your strategy go (sic) preserve is development of intricate
sustained plans to protect and manage the natural environment and
water resources. Preserve and enhance neighborhood character,
promote safe, secure, diverse neighborhoods. These projects will
make the roads more dangerous for cars and bike riders. An S curve
will open our neighbors to crime and more traffic.
Per your growth management statements, you focus to seek to
manage growth, balance growth, prevent inconsistent, undesirable,
unactive growth and protect the natural environment that makes our
area so unique in four standards: Maintain plans that reflect the needs
and desires of the communities; conserve, preserve, monitor, and
May 8, 2018
Page 24
manage natural resources; develop intricate sustainable plans; and
protect managed natural environment, water resource in harmony with
habitat.
Our natural environment serves as a strategic resource that must
be managed and protected. The project's plan for Randall to be four to
six lanes will destroy this. Also, your reserve enhance (sic)
community identity and character implement -- enforce land
development regulations, maintain and enhance the health, safety, and
welfare of our residents, visitors, business, and natural environment.
We in Golden Gate expect that you honor your statement to
preserve our way of life but (sic) enhancing Randall Boulevard with
needed left lanes and bike lanes, that you will not destroy our
uniqueness of our community to build roads that only benefit new
developments while destroying ours.
People are moving into our area and in great numbers, and animal
habitat's getting smaller and smaller. So now they're in our backyards.
It's causing severe environment hazards to the people already in
Golden Gate. Wildlife lies -- has loss of habitat and food sources so
they're now in our backyards. We have had panthers, bears, bobcats --
panthers have destroyed and even killed a small dog -- and rattlesnakes
all because of this overdevelopment.
So we are requesting that you do not make Randall Road four or
six lanes but respectfully make it into left turn lanes for the exit streets
that are on Randall to make it useful currently for those that are living
there and make it safe with bike paths for us that live there.
And I will continue to come until this is off the docket. Thank
you.
MR. MILLER: Mr. Chairman, that was your last speaker for
public comment.
MR. OCHS: Sir, we're moving on to Item 9, your advertised
public hearings.
May 8, 2018
Page 25
Item #9A
ORDINANCE 2018-23: PETITION PL20160003084/CPSS-2016-3,
A GROWTH MANAGEMENT PLAN SMALL SCALE
AMENDMENT SPECIFIC TO THE MINI TRIANGLE MIXED
USE SUBDISTRICT - ADOPTED W/CHANGES
Item #9B
ORDINANCE 2018-24: AN ORDINANCE AMENDING
ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE LAND REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA,
BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION
TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE
SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER
FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS,
INCLUDING SECTION 4.02.06 STANDARDS FOR
DEVELOPMENT IN AIRPORT ZONES, TO EXEMPT THE MINI-
TRIANGLE SUBDISTRICT OF THE URBAN DESIGNATION,
URBAN MIXED USE DISTRICT OF THE GROWTH
MANAGEMENT PLAN FROM THE HEIGHT STANDARDS FOR
DEVELOPMENT IN AIRPORT ZONES; SECTION FOUR,
CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION
IN THE COLLIER COUNTY LAND DEVELOPMENT CODE;
AND SECTION SIX, EFFECTIVE DATE - ADOPTED
W/CHANGES
May 8, 2018
Page 26
Item #9C
ORDINANCE 2018-25: AN ORDINANCE AMENDING
ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER
COUNTY LAND DEVELOPMENT CODE, WHICH
ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A GENERAL
COMMERCIAL DISTRICT IN THE MIXED USE SUBDISTRICT
OF THE GATEWAY TRIANGLE MIXED USE DISTRICT
OVERLAY (C-4-GTMUD-MXD) ZONING DISTRICT TO A
MIXED USE PLANNED UNIT DEVELOPMENT IN THE MIXED
USE SUBDISTRICT OF THE GATEWAY TRIANGLE MIXED
USE DISTRICT OVERLAY (MPUD-GTMUD-MXD) ZONING
DISTRICT FOR A PROJECT KNOWN AS THE MINI-TRIANGLE
MPUD TO ALLOW CONSTRUCTION OF UP TO, WITH A MIX
TO BE DETERMINED BY MAXIMUM ALLOWABLE TRAFFIC
GENERATION, 377 MULTI-FAMILY DWELLING UNITS, 228
HOTEL SUITES, 111,000 SQUARE FEET OF COMMERCIAL
USES AND 90,000 SQUARE FEET OF GENERAL AND
MEDICAL OFFICE USES, 150 ASSISTED LIVING UNITS,
60,000 SQUARE FEET OF SELF-STORAGE AND 30,000
SQUARE FEET OF CAR DEALERSHIP; PROVIDING FOR
MAXIMUM HEIGHT OF 168 FEET, ON PROPERTY LOCATED
NEAR THE SOUTHERN CORNER OF THE INTERSECTION OF
DAVIS BOULEVARD AND TAMIAMI TRAIL EAST IN
SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
May 8, 2018
Page 27
COLLIER COUNTY, FLORIDA, CONSISTING OF 5.35± ACRES;
PROVIDING FOR REPEAL OF CONDITIONAL USE
RESOLUTIONS; AND BY PROVIDING AN EFFECTIVE DATE -
ADOPTED W/CHANGES
MR. OCHS: Items 9A, 9B, and 9C are all companion items. 9A
is a Growth Management Plan small-scale amendment, 9B is a
proposed amendment to your Collier County Land Development Code,
and Item 9C is a recommendation to approve a rezoning. All three
relating to the Gateway Triangle Mixed-Use District in the
mini-triangle subdistrict.
Mr. County Attorney, would you like to hear these all at once and
then vote separately, or how would you like to proceed?
MR. KLATZKOW: My recommendation is you hear all three at
once and, since there are interrelated, just vote on all three at once.
MR. OCHS: All three are supermajority vote of the Board?
MR. KLATZKOW: Yes, sir.
CHAIRMAN SOLIS: And is there a requirement for disclosures
or anything since there's a zoning amendment?
MR. KLATZKOW: Yes, this -- yes.
CHAIRMAN SOLIS: Okay.
MR. OCHS: So ex parte, and we'll swear in any testimony.
CHAIRMAN SOLIS: Right. Want to swear in --
MR. OCHS: Well, let's give ex parte first, if you don't mind, sir.
CHAIRMAN SOLIS: Ex parte first.
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I've had multiple
meetings, emails, and communications with regard to this project.
COMMISSIONER FIALA: Likewise. Most of the people that
are sitting right here I've spoken to. I've asked many questions. I've
talked to them over and over again to make sure I understand all of the
May 8, 2018
Page 28
different facets of this program before I would ever vote on it. I also
spoke to a lot of the people in the community and read a whole bunch
of stuff.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Many, many meetings, telephone
calls, discussions with staff, with the gentlemen sitting here, many of
the participants that are going to be part of this advertised hearing, read
copious documents. That's it. Thank you.
CHAIRMAN SOLIS: Commissioner Saunders.
COMMISSIONER SAUNDERS: And I've also had meetings
with representatives of the developer and have received emails and
phone calls concerning the projects.
CHAIRMAN SOLIS: I, as well, have spoken with the applicant
and the representatives for the applicant and received emails and phone
calls as well.
Swear the witnesses.
Anyone that's going to testify today or speak on this matter,
please rise and raise your right hand.
(The speakers were duly sworn and indicated in the affirmative.)
MR. MULHERE: Good morning. It's a pleasure to be here this
morning. Bob Mulhere with Hole Montes representing the applicant.
And with me this morning, Jerry Starkey and Fred Pezeshkan, also
Alex Pezeshkan. Dick Grant is also here as the land-use attorney, and
Charles Whittington also with Grant, Fridkin, Pearson, P.A. Barry
Jones is the civil engineer, and Norm Trebilcock is our transportation
consultant.
I will make, with your approval, a fairly brief summary
presentation. I do have a few minor changes to go over, and then open
it up to public speakers and/or questions. So I'll proceed.
That shows the subject parcel. That just gives you a broad
perspective of where this is located. And you can see its proximity to
May 8, 2018
Page 29
the City of Naples. And I know you're all familiar with the site; just
for the public.
Just a summary of the three petitions that Leo already introduced.
The size is 5.35 acres. This gives you a little better perspective of the
mini-triangle, which is, you know, larger than just this project. You
have the Trio project, which is to the west of the subject property, and
then you have several other parcels to the east abutting Commercial
Drive.
I just want to briefly go over the timeline. It's been 17 months that
we've been in this process. And during that time we've met with
literally hundreds of people. We've met with the CRA at least three
times; twice officially. Both times they recommended unanimously to
the Board to approve this project.
We also met with the East Naples Civic Association twice, and
they also voted to support this project.
We had a neighborhood information meeting. There was very
good attendance at that. The majority of people were in support. We
actually only had one person speak with issues they related to building
height and air traffic safety but, of course, as you know, we did go
through the FAA process, and they issued letters of no hazard, and
we've worked closely with the Naples Airport Authority to come to
agreement with them as well, and representatives are here this
morning.
We actually had three meetings before the Planning Commission;
probably 10 hours worth of work. And I guess I'd just like to say that
although this was a long process, it was a really good process, and we
really appreciated the work of staff who were always willing to meet
with us.
We met dozens of times with the County Attorney's Office with
Mike Bosi, with planning staff, Eric, landscape architects. I mean, it's
really been a pleasure to work with staff. It was a fairly complicated
May 8, 2018
Page 30
process on a small parcel with these three interrelated petitions, and I
think the outcome was excellent. Some significant changes occurred
during the Planning Commission meetings, and the final outcome is a
very good product, and it's a pleasure to be a part of that process.
I do have some minor changes I wanted to introduce to you. This
slide here shows our property lines. You can see that this would be the
property line adjacent to what is known as the Trio parcel, and then
over here these are sort of property lines adjacent to the properties to
the east. Obviously, we have frontage on both Davis and U.S. 41.
With respect to these, sort of, internal boundaries of the PUD, we
are proposing -- and I'll just go over that in a minute. Let me go back
to that. We are proposing -- there is a 5-foot -- as you can see on that
slide right there, there is a 5-foot landscape buffer and a 5-foot setback.
While we haven't come to any final arrangements with adjacent
property owners, my clients continue to talk to several adjacent
property owners. And in the event that an adjacent parcel's acquired
and we come in for a unified plan of development, a site plan that
includes that adjacent parcel, we would like to have that internal 5-foot
landscape buffer and setback disregarded. And I'll show you the
language in just a minute.
We have some minor -- minor changes here based on questions
that we received over the last week or so. One relates to the use of
indoor air-conditioned passenger vehicle self-storage. I should note
that those -- that use is limited in square footage and -- however, we
had some questions.
The language in red would further restrict this use, and it reads,
"Other than passenger vehicle storage, all other self-storage
components shall be limited in use to residents and commercial tenants
of this PUD." So I think that would address some of the questions and
concerns that we had that will limit that use. Of course, that will be
located entirely within one of these multi-story buildings, and you will
May 8, 2018
Page 31
not see that.
MR. KLATZKOW: I'm sorry. Are these new changes that the
Planning Commission has not heard?
MR. MULHERE: Yes, but they're relatively minor in nature.
MR. KLATZKOW: Well, okay. But have you run this by my
office before?
MR. MULHERE: Uh --
MR. KLATZKOW: That's no. Did you run this by staff before
coming here?
MR. MULHERE: I did talk to staff, yes.
MR. KLATZKOW: But not my office?
MR. MULHERE: I did not. These were made at the last minute.
MR. KLATZKOW: We've been at this process 18 months, and at
the last minute we're making changes?
MR. MULHERE: Well, I thought they really were quite minor.
The other one is the footnote that I previously discussed regarding
the setbacks, Page 5.
And then there was just some minor -- the airport authority
actually raised a couple of minor issues with respect to clarity. The
items that references Page 30 under developer commitments had read
the maximum height of any building or other structure, including
rooftop appurtenances, to 160 feet, it was felt that it would read better
to say "shall not exceed 160 feet," so really a minor change.
And then both in the LDC amendment and in the PUD, the date
of the FAA letters of determination of no hazard were wrong. They're
not -- they weren't dated the 17th. They're dated the 20th of January.
I apologize. These changes just came up at the last minute. I
thought they were relatively minor in nature and really don't have a
significant impact on anything that the Planning Commission
reviewed.
COMMISSIONER TAYLOR: And let me say that I initiated the
May 8, 2018
Page 32
one about storage because of -- frankly, Commissioner, I was thinking
specifically about your concerns and mine and specifically because
there is a storage unit just going east of it.
And yesterday at 2:00 when we spoke, I asked for some kind of
assurances that this isn't going to be open storage for the public, and in
the course of the conversations, this is what was developed. And I'm
fairly comfortable with it. I think it's -- I think it makes it a stronger --
COMMISSIONER FIALA: Thank you. I think that that was a
good catch, and I'm glad you did something like that. Thank you.
MR. MULHERE: I do have copies I can give to Heidi or Jeff and
then, obviously, after this meeting, if you approve them with those
changes, we'll provide clean documents to this.
COMMISSIONER McDANIEL: Can I ask a quick -- I had my
light on.
CHAIRMAN SOLIS: Commissioner McDaniel's light's on.
COMMISSIONER McDANIEL: Yeah. And, Bob, I just -- I find
it rather unique that we're asking for permission to waive a landscape
buffer for a potential of inclusion of a contiguous piece of property that
we don't own yet. That just seems to me to be semantics that would, in
fact, occur that we could necessarily do after the fact.
MR. MULHERE: Well, we could go through the deviation -- site
plan with deviations process to achieve this same result --
COMMISSIONER McDANIEL: Right.
MR. MULHERE: -- but, obviously, if we incorporate another
piece of property adjacent to us, we'd want to develop it as a unified
plan.
COMMISSIONER McDANIEL: Of course.
MR. MULHERE: And so it just made sense to us to mention that
now. But, obviously, it's up to the Board.
COMMISSIONER McDANIEL: Right. I guess there isn't -- you
know, there's no negative that comes from adding this in. It just makes
May 8, 2018
Page 33
sense to me that you would be able to do that if you were to acquire
property. And we know there's multiple pieces here; the cell tower
piece and, you know, the front corner as well. So we know there are
multiple tracts that are here, so...
MR. MULHERE: Again, this just came up as a result of having
one of the adjacent parcels, perhaps, become available, and so there
were some discussions related to that, and that's what's referred to as --
COMMISSIONER McDANIEL: That was my only question.
MR. MULHERE: -- Fortino.
CHAIRMAN SOLIS: And since we're just having this
discussion, I mean, is there any concern from staff's position on that? I
mean, this is -- there's a process for doing this other than putting this
language in the PUD, right?
MR. MULHERE: There is a process. Because this is in the CRA
in a redevelopment area, you can ask for deviations during the Site
Development Plan. Probably if we acquire an adjacent parcel, we'd
probably have to incorporate that into the PUD, and that might require
a small-scale amendment, and we could address it at that time as well.
I mean, I didn't want to complicate things. It was just to make it easier
in the light of the fact that we might acquire an adjacent parcel.
CHAIRMAN SOLIS: Okay.
MR. MULHERE: That one I already went over.
I think -- I'll just leave the site plan on in case there's any
questions, but I think that concludes my presentation. I'm happy to
entertain any questions, but I would like an opportunity to respond to
any comments that you might receive.
Thank you.
CHAIRMAN SOLIS: Any questions for Mr. Mulhere?
(No response.)
COMMISSIONER FIALA: How many speakers do we have?
MR. MILLER: I have one registered speaker. That speaker is
May 8, 2018
Page 34
Gary -- I'm sorry, sir, I'm having trouble reading this -- Klockhohn.
MR. KLOCKHOHN: Good morning. I'm Gary Klockhohn. I
live at 2180 Sandpiper Street.
The most valuable real estate in the world is Naples air rights,
undeveloped air rights. The density that we're bringing, what we're
doing here, I can't change that. But any variance, any opening through
which greed and ego can go, they're going to go. And I'm not
reflecting on anybody here, but the density that's happening here to
increase one inch, cubic inch of the development space -- and I'm -- I
greatly appreciate what you guys have done for the conservation of the
28-acre mangrove forest, but this impacts everything. The density,
anything you do to accommodate and increase the density of this
property, is adversely going to impact our already polluted creeks,
stormwater management.
It's all -- at the last minute I just hope you leave the opportunity
open for the staff and the appropriate consideration. Thank you.
MR. MILLER: That's all the speakers we have on that item.
MR. OCHS: Mr. Chairman, we have a few brief remarks from
the staff.
CHAIRMAN SOLIS: Staff?
MR. OCHS: Yes, sir.
MR. BOSI: Good morning, Commission. Mike Bosi, Zoning
and Planning director.
Before we get into the specifics of a staff recommendation, I did
want to provide a clarification. At the end of my comments, I've got
an additional letter that was put forth related to the project, the
perspective. It was emailed to the Planning Commission, but we
forgot to place a hard copy within your packet. So for a full packet,
we're going to provide that hard copy.
Essentially, it was a letter that just questioned whether it was
going to be a true mixed-use project, and it does allow me to highlight
May 8, 2018
Page 35
the collaborative effort of staff and the Planning Commission in terms
of how we both worked to ensure that we were going to have a project
that was similar to the renderings that were provided for.
Staff initially prepared some minimums to understand -- or to
ensure that we were going to have a mixed-use project. And we
started at 50 residential dwelling units as a minimum requirement and
30,000 square feet of office and retail.
The Planning Commission took that, upped it to 105 minimum
residential units and 67,000 square feet of retail and office to ensure
that we're going to have the project that the community was expecting.
As Bob had said, it's been three rounds with the Planning
Commission, a number of rounds with the staff. From the Land
Development Code amendment to the GMP amendment and the PUD
requesting, staff is recommending approval with the conditions that
were contained within the executive summary.
The additional language that was presented today, staff does not
have a -- does not have an issue, doesn't feel that it has a material effect
upon the project and, actually, it takes the assurance even one step
further to make sure that we have the project that the community is
expecting.
We'll remark that we'll coordinate with the applicant to make sure
that all of the documents within the PUD, the master plan, and that
language is incorporated withinto the master plan that comes back for
signature attached to the ordinance.
And with that, staff could make itself available for any questions
you may have.
CHAIRMAN SOLIS: Any questions?
COMMISSIONER SAUNDERS: Mr. Chairman, I don't have a
question. I don't have any particular issues with this. I did raise a
question concerning automobile sales facility, and it was explained that
that could very well be a very high-end small showroom, so I didn't
May 8, 2018
Page 36
have a concern with that.
I did have a little bit of a concern with the storage, the
self-storage, and that has been fully explained, so I don't have any
issues with that. And I certainly have no issues with the three or four
minor changes that clarify that.
CHAIRMAN SOLIS: And staff is comfortable with those
changes?
MR. BOSI: Yes. Yes.
CHAIRMAN SOLIS: Okay. Any other questions for staff?
COMMISSIONER FIALA: No. I could make a comment, if you
want, but I had a lot of questions, and some things that I thought, oh,
my goodness, I have to check on this and this. I've done a lot of work
with all of the people in there to satisfy me that this is going to be a
great project and that it will not harm the area or harm the airspace or
anything.
And I walk away now with the feeling that this is a good project.
So I would make a motion to approve.
COMMISSIONER McDANIEL: Second.
COMMISSIONER SAUNDERS: And just for the record, that's a
motion to approve all three of the items?
COMMISSIONER FIALA: Yes. Oh, thank you. I will reword
that. A motion to approve all three items.
COMMISSIONER McDANIEL: Can we do them all
unilaterally?
MR. KLATZKOW: Yes, sir.
CHAIRMAN SOLIS: There's a motion and a second. Just -- any
discussion? I would like to make sure that the County Attorney's
Office is also comfortable.
MR. KLATZKOW: Yeah. I have no issue with the storage one.
The one that I'm not sure there aren't unintended consequences is the
change in the setback. I don't know if this is going to lead to zero lot
May 8, 2018
Page 37
lines should multiple parcels be developed or what. But we don't have
a chance to analyze this. Planning Commission didn't have a chance to
see this. And, you know, I just -- after 18 months of going through this
to have something just dropped -- and we could have gotten an email
last night, by the way, and that didn't happen.
So just dropped at a board meeting, you know, something that the
applicant finds that is in his benefit, I think, is just not the best
procedure.
(Applause.)
COMMISSIONER FIALA: Could you excuse me just a second.
This is your district. Would you have liked to make that motion
instead?
COMMISSIONER TAYLOR: No, no, not at all. I have a
question. Thank you.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: Of the applicant, please.
MR. MULHERE: Yes.
COMMISSIONER TAYLOR: We spoke yesterday about traffic.
MR. MULHERE: Yes.
COMMISSIONER TAYLOR: And we spoke about -- and this
really was sort of an eyewitness account, you know, serendipitous,
whatever you say. I was going into the city and stopped at the red light
at Davis where that triangle is where -- U.S. 41 and Davis and saw two
young boys on bicycles trying to cross the traffic going from Royal
Harbor side to the other side. And I spoke to you about it yesterday,
and you indicated that the city -- the CRA of the city would like to
have a meeting with our CRA or with you. But it would be a great
idea if our CRA talked about to improve with the developer having
fair-share involvement in it, that intersection, so pedestrians and
bicycles can cross there. There definitely needs to be some
May 8, 2018
Page 38
improvement. Now, I don't --
MR. MULHERE: So Mr. Pezeshkan actually had a conversation
with the vice mayor of City of Naples, Vice Mayor Penniman, and she
was raising questions regarding, you know, the safety of pedestrians
and cyclists who might leave this project and go into the city, and it
was suggested at that point that there be a joint meeting of the two
CRAs.
The city is looking at a few options to slow down traffic and to
make it safer for pedestrians and cyclists along U.S. 41, but
incorporated into that could also be pedestrian improvements.
Now, when we go through our Site Development Plan, we may
have some what's called site-related improvements to the intersections,
and we won't know that till we go through that process. But we would
be happy to participate in that joint meeting. I know the CRA -- I
talked to Deborah. She's supportive. I'm sure the city's supportive. It
makes sense.
COMMISSIONER TAYLOR: All right. So I just wanted to put
that on the record.
MR. MULHERE: Yes.
COMMISSIONER TAYLOR: Good, good.
Because the FDOT does not require a deceleration lane and they
like the idea that the traffic is going to slow down, I think it is going to
promote pedestrian bicycle traffic. I think the way into the city and
across the bridge very well might shift a little bit. Not that cars are
going to go away, but that it will be more pleasant to go over the
bridge.
So I think if you're in agreement -- because you are the chair of
the CRA, if you're in agreement, I think it might be a good idea to have
a meeting about this.
COMMISSIONER FIALA: Oh, I think that's great. The more
conversation you have, the more communication you have, the better
May 8, 2018
Page 39
product you end up with. So that's fine with me.
COMMISSIONER TAYLOR: Good.
MR. MULHERE: Thank you.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: No other lights? There's a motion and a
second. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: All three applications are approved.
MR. MULHERE: Thank you very much.
COMMISSIONER TAYLOR: One of the comments by the
applicants to me, after, I think, the second Planning Commission
meeting, which I attended, was how much better the Planning
Commission made this project.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER TAYLOR: And how complimentary they are
of Mark Strain and his ability to work with them and make it better.
COMMISSIONER FIALA: Oh, that is really nice.
COMMISSIONER TAYLOR: It was really lovely to hear that.
MR. MULHERE: Thank you.
COMMISSIONER TAYLOR: I don't want to paraphrase, but...
MR. MULHERE: No question. You know, I've done a lot of
projects. I think this one really had the most interaction and attention
both by staff and with members of the Planning Commission. It's
resulted in a better project.
COMMISSIONER TAYLOR: Thank you.
May 8, 2018
Page 40
CHAIRMAN SOLIS: Great.
COMMISSIONER TAYLOR: That's the process, right?
CHAIRMAN SOLIS: Congratulations.
COMMISSIONER TAYLOR: After three tries, that's pretty nice
to say, right?
MR. MULHERE: Thank you.
MR. OCHS: Commissioners, that takes us to Item 10, Board of
County Commissioners.
Item #10A
RESOLUTION 2018-87: A RESOLUTION TO THE FLORIDA
FOREST SERVICE TO INDICATE SUPPORT FOR THE USE OF
SWAMP BUGGIES WITHIN THE PICAYUNE STRAND STATE
FOREST AND WILDLIFE MANAGEMENT AREA DURING
SPECIFIED STATE OF FLORIDA HUNTING SEASONS AND
ON DESIGNATED ROADS - EXCLUDING ATV’S AND TO
WORK WITH THE FLORIDA FORESTRY DEPARTMENT ON
THE RULES AND REGULATIONS - ADOPTED W/CHANGES
MR. OCHS: Item 10A is a recommendation to submit a
resolution to the Florida Forest Service to indicate support for the use
of swamp buggies within the Picayune Strand state forest and wildlife
management area during specified State of Florida hunting seasons and
on designated roads.
And Commissioner McDaniel brought this item forward.
COMMISSIONER McDANIEL: Yes, he did.
MR. OCHS: Yes, sir.
COMMISSIONER McDANIEL: Well -- and this just flies right
along with one of my principal beliefs in that lands acquired with
public treasury funds should be afforded the greatest amount of
May 8, 2018
Page 41
opportunity for public access.
So, with that, I've worked with the Forestry Department, with
South Florida Water Management, have a letter from FWC, the
enforcing agency out there, in support of this initiative, and I would
like to move it forward if it meets with the approval of my colleagues.
It does specify that it is for swamp buggies only and it is during
hunting season on designated roads and trails for a reasonable fee.
And I will supply to the court reporter the letters of support. I think
I'm in excess of 12 from different individuals and organizations in
support of this.
So I'd like to make a motion for its approval.
COMMISSIONER FIALA: Second.
CHAIRMAN SOLIS: Commissioner Taylor's light was on.
COMMISSIONER McDANIEL: Oh. And do we have any
public speakers?
MR. MILLER: Yes, we do. We have two registered speakers on
this item.
COMMISSIONER McDANIEL: Do you want me to withhold
my motion until we hear from them?
COMMISSIONER TAYLOR: Yeah, let's hear from them.
CHAIRMAN SOLIS: Let's hear from the speakers.
COMMISSIONER McDANIEL: I'm not going to withhold my
motion, but I want to hear from them.
CHAIRMAN SOLIS: We can hear the speakers first.
COMMISSIONER TAYLOR: You're open to changing it or --
COMMISSIONER McDANIEL: There we go.
MR. MILLER: Your first speaker is Kathy Worley. She'll be
followed by Franklin Adams.
MS. WORLEY: Good morning, Commissioners. My name is
Kathy Worley. I'm with the Conservation of Southwest Florida.
And I'm sure you are all aware that, you know, the taxpayers have
May 8, 2018
Page 42
spent a lot of money to restore the hydrology and the vegetation of
Picayune Strand, and we still have a ways to go. But it's important to
protect this fragile ecosystem moving forward.
Now, most hunters will respect nature and follow the rules;
however, humans being humans, there's usually a few bad apples every
once in a while, and these bad apples can cause a lot of damage.
Now, I realize that DOF has jurisdiction here, but I would urge
the county to work with DOF and FWC for some sort of oversight of
these swamp buggies mainly to -- for any punitive action against any
violations that might occur and also on ways to identify those violators,
because that's where it gets really sticky is figuring out who actually
makes the mess. So I would encourage you to work with them to
come up with some ways to help negate these violations.
As far as today's resolution, swamp buggies, ATVs, ORVs, et
cetera, they can cause a lot of destruction. They can change the
surface water hydrology. They can tear up the vegetation, et cetera, if
they're not operated in a respectful way and stay on the roads.
Now, the definition of a swamp buggy can mean a lot of things to
a lot of people. To us locals, we know what we mean by the word
"swamp buggy," but if you look up the actual definition of a swamp
buggy, it means -- this is from Wikipedia. "The swamp buggy is a
motor vehicle used to traverse boggy swamp terrain and able to move
about on dry land, shallow mud, sand, shallow water, and even
sometimes deep mud."
Now, this definition can open the door to mean ATVs, ORVs,
UTVs, and maybe even an SUV if you stretch it. So I would urge you
to please add in a caveat to your recommendation by adding in just a
few words that would exclude the use of ATVs, ORVs, and UTVs so
that we have an understanding not just from the locals but from
everybody on what we mean by "swamp buggy."
And so all you would have to do is just, you know, after the word
May 8, 2018
Page 43
"swamp buggy," put some parentheses and say "excluding ATVs,
ORVs, and UTVs." And I thank you for listening to me.
MR. MILLER: Your next and final speaker for this item is
Franklin Adams.
MR. ADAMS: Good morning, Commissioners. For the record,
I'm Franklin Adams. I'm the Florida Wildlife Federation Region 8
director.
I have served on the Picayune Strand Liaison Committee for
many, many years, and I also served on the Big Cypress Swamp
Advisory and the Big Cypress Off-Road Vehicle Advisory Committee
for many years and chaired the Vehicle Special A Specification
Committee out there.
The Florida Wildlife Federation has a long history of involvement
in the original acquisition, management, and restoration of the
Picayune Strand State Forest going back to when Lawton Chiles was
Florida Governor. In 1990 and '91 we asked Governor Chiles to move
forward on the funding, acquisition, and eventual restoration of the
Golden Gate Estates south blocks area known as the Picayune. We
stressed the recreational opportunities for the public and recommended
that the Florida Game and Fresh Water Fish Commission, as it was
known then, and the Florida Forestry Service co-managed the area
once it was acquired. It was, as you know, a long and controversial
road. Today it's the most successful project in the surf (sic) program.
Restoration of hydro period and sheet flow will more naturally
approximate the wetland that it once was prior to the digging of all
those miles of canals and roads. It will benefit the downstream
estuarine areas that have been deprived of adequate freshwater flows,
thereby helping wildlife and fishery.
Commissioners, the Florida Wildlife Federation would ask that
you support Commissioner McDaniel's resolution this morning that
requests the Florida Forestry Service to consider amending their
May 8, 2018
Page 44
10-year resource management plan for the Picayune to permit the use
of swamp buggies only and only during the Florida Fish and Wildlife
Conservation Commission hunting season which, compared to other
hunting seasons around the state on wildlife management areas, is a
very brief one.
We also endorse the idea of the Florida Forestry Service
designating existing roads and trails out there in the Picayune for use
only by swamp buggies.
I do agree that we need to define what a swamp buggy is.
Serving on the Off-Road Vehicle Advisory Committee in Big Cypress
for many years, off-road vehicles, which were permitted in the original
federal legislation for recreation access, were difficult to manage.
Very controversial. We found out that some vehicles were not suitable
for use out there.
Anyway, thank you. And the Florida Wildlife Federation, we
have always felt that the public should be able to enjoy these areas that
they pay for and acquire in a responsible, ethical way, and we'd like
those changes made and to strengthen the intent of the resolution.
And, finally, we will contact the Florida Fish and Wildlife
Conservation Commission. We'd like to see check-in and check-out
reestablished out there.
Thank you.
CHAIRMAN SOLIS: Thank you.
Commissioner Taylor?
COMMISSIONER TAYLOR: My questions --
MR. ADAMS: If you have any questions --
COMMISSIONER TAYLOR: I don't have questions of you, sir,
but thank you.
My concern was that also, about, you know, a swamp buggy is a
swamp buggy, and I don't know how we regulate it. And I applaud
your initiative here to open this up, but I think we need to frame it just
May 8, 2018
Page 45
because of who we are as a --
COMMISSIONER McDANIEL: Well, the thought that I had -- I
did meet with Nicole and Kathy yesterday, and I am comfortable in
adjusting the language to specifically exclude ATVs. I don't want to
run over into ORVs and other designated --
COMMISSIONER TAYLOR: What is an ORV?
COMMISSIONER McDANIEL: Well, off-road vehicle. That's
what it stands for. And that could be a definition of a swamp buggy.
So ATV is a very specific definition, and it's those loud, noisy
ones that we don't want running around down there. And so -- and I do
-- I shared with Ms. Kathy yesterday as well, I will work with the
Forestry Department in assisting with the rules for regulation.
There are things from a self-regulatory standpoint Captain Frank
and I spoke about last month or so, for those of us that do recreate in
the park, do -- we can self-regulate ourselves through a reporting
process. So -- and enhance the law enforcement capacities for the
potential of an overrun and that one, necessarily, bad egg that might be
overreaching and doing something that's not -- that's not fitting.
So I would -- I would be okay with adding -- we have swamp
buggies only but -- and specifically exclude ATVs within this motion
to allow it to go forward and then work with the Forestry Department
on an as-needed basis to assist with the rules that they develop, so...
And, again, we're just promoting -- or suggesting to them that
they do this as a board in support of that, so...
COMMISSIONER SAUNDERS: There was a third type of
vehicle, a UTV.
CHAIRMAN SOLIS: ORV.
COMMISSIONER McDANIEL: Yes.
COMMISSIONER SAUNDERS: What it that?
COMMISSIONER McDANIEL: That's a utility terrain vehicle.
It's a heavier four-wheel-drive vehicle as well. And, again, I specified
May 8, 2018
Page 46
in the resolution "swamp buggies," and then there is -- then there's a
discussion about -- of what a swamp buggy is. I think if we keep it
simple -- I'd be happy with excluding ATVs for now and let the
Forestry Department actually pick. Because it's all going to be by
permit. There's going to be a fee, and it's going to be approved by the
Forestry for this use.
So I think if we allow them to be able to make these theoretical
discretionary decisions themselves, it will be fine.
COMMISSIONER SAUNDERS: Could we -- once those
decisions are made, could we bring this back for our approval? So
right now we're approving --
COMMISSIONER McDANIEL: We're not approving anything.
We're just sending a letter to the Forestry Department that we're in
support of allowing these uses to be done by a rule change to the
management plan for the forest. We're not -- all we're doing is
showing our support for this access for these vehicles.
COMMISSIONER SAUNDERS: So Forestry will, perhaps, limit
those.
COMMISSIONER McDANIEL: Sure, absolutely. And let that
up -- let that be up to them.
COMMISSIONER SAUNDERS: Okay.
COMMISSIONER McDANIEL: That would be my preference,
anyway.
COMMISSIONER SAUNDERS: Okay.
COMMISSIONER FIALA: And the wording of the motion,
then, would fall into this category?
COMMISSIONER McDANIEL: Exclude -- I'd be happy with
specifically excluding ATVs as a definition.
CHAIRMAN SOLIS: And just so I understand, and why not
exclude the others if it's just swamp buggies?
COMMISSIONER McDANIEL: Well, there -- I haven't
May 8, 2018
Page 47
reviewed -- this came at me yesterday. I was pretty comfortable with
the just designating swamp buggies only, but when you move over into
the definitions of the UTVs and the ORVs, then there could be
co-mingling there with what a swamp buggy, in fact, is as well.
And I don't want to preclude that. So that was why I was
comfortable with the "swamp buggies only." Captain Frank and I
talked about it as well, so -- but this came -- this -- Kathy and Ms.
Nicole from the Conservation came to see me yesterday and raised
these issues, and I haven't reviewed those specific definitions, so -- I
know that ATVs are pretty -- that's a pretty specific definition. When
you move over into ORVs and UTVs, there could be a co-mingling of
that use as a -- designated as a swamp buggy.
I own a swamp buggy. It's got 44-inch mudders. It's a deck
buggy, and it goes in deep mud when I want it to. So it's a pretty
specific item. You can actually see what it is. And I don't think that
there's a lot of potential for cross-pollenization here for other types of
vehicles that aren't actually swamp buggies. So there you go.
COMMISSIONER FIALA: So your motion stands.
COMMISSIONER McDANIEL: With the -- and I'll make that
adjustment if it helps just to exclude the definition of ATVs. I'll make
that adjustment to it. I mean, I'm fine with that. I don't want to go over
into ORVs and UTVs at this stage just for fear of excluding somebody
who would be considered under that definition.
COMMISSIONER FIALA: Okay. Well, then my second will
hold.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: Do those other -- are those other kinds of
vehicles, do they have specific definitions like ATVs do?
COMMISSIONER McDANIEL: I already shared with you,
Commissioner Solis, I haven't reviewed the definitions of those. I am
familiar with those activities and those utility vehicles and the off-road
May 8, 2018
Page 48
vehicles. I know, you know, there's definitions for all kinds of things,
especially when we move over into that legal community side. And I
just -- I don't want to get caught in the cross-pollenization excluding
someone by specifying a particular acronym for a vehicle. I specified
in the -- and spoke with the environmental community and specified
swamp buggies only, so...
CHAIRMAN SOLIS: Ultimately, the definitions and all this are
going to be up to the Forestry Division.
COMMISSIONER McDANIEL: Agreed.
COMMISSIONER TAYLOR: And will it have to come back to
us for approval?
COMMISSIONER McDANIEL: No. This is -- this is showing
our support for the Forestry Department to allow for swamp buggies to
be utilized on designated roads and trails and specific time frames and
hunting seasons in the forest.
And we can call the question, unless you've got another question.
CHAIRMAN SOLIS: I think I have another question. Is there
any reason why we wouldn't request that the forest service come up
with a definition of what's going to be considered a swamp buggy?
And, you know, being hampered with a law degree, not having
something defined is always not something that I think is a good idea.
Will Forestry come up with a definition, or is it just going to be
an undefined term and subject to whoever wants to bring a vehicle in?
COMMISSIONER McDANIEL: Well, I'm not quite sure how
the Forestry's, in fact, going to do it. There is a management plan.
There is a 10-year resource management plan that is, in fact, in place
that is up for review right now.
There is an arc (sic) committee that meets regularly every 60 days
to manage the rules of the park. And the suggestion when I spoke with
the executive director of the Big Cypress and the folks from the
Forestry Department in regard to this, there was very specific direction
May 8, 2018
Page 49
as what we could do as a board to show our support to the Forestry
Department to allow public access -- further enhanced public access
for the park.
And the word specifically of "swamp buggy" was given to me,
said to me, by one of the folks from the Forestry Department, which is
why I included that language in the resolution.
This came -- this initiative came to me as a public request, and
then I coordinated that with the Forestry Department so that there was
little to no confusion on what this is.
So I would assume, Commissioner Solis, that there is a definition
of -- you know, Big Cypress National Preserve, I met with
Superintendent Pedro Ramos last week. He was instrumental in
allowing for off-road vehicle use in the preserve, in the national
preserve. I have a sticker on my buggy that allows me to go down -- it
costs $50, and you have to go there, and the law enforcement officers
all crawl around on your vehicle and make sure your lights work and
you don't have any fluids that are coming out and all those sort of
things.
So it is a rather intense process, and I would assume that the
Forestry Department would, in fact, take that lead that's already been
set by the National Park Service for off-road vehicle use in the Big
Cypress Preserve.
So, again, right now we're just, as a board, showing our support
for public access in the state forest.
CHAIRMAN SOLIS: Any other questions?
(No response.)
CHAIRMAN SOLIS: There's a motion and a second. I think the
motion's been amended and still seconded. All in favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
May 8, 2018
Page 50
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
COMMISSIONER TAYLOR: I'm opposed because I wish we'd
done it a different way, and I'm not -- and I don't mean to be
persnickety about it, but I wish we'd gotten a definition of a swamp
buggy from Forestry so I'd feel more comfortable. I just -- when you
talk about utility --
COMMISSIONER McDANIEL: UTVs.
COMMISSIONER TAYLOR: Yeah, that just says big, heavy,
that kind of thing. And I know what swamp buggies are, you know. I
know -- I'm just -- I'm concerned about the breadth of that definition.
COMMISSIONER McDANIEL: And I appreciate that concern.
If you would like, I can, off-line -- well, when you and I are allowed to
talk. I know we can't hardly get within three feet of one another. But
I'd be happy to supply you with the definitions of these individual
vehicles.
I'm just concerned at the last second, if you will, last minute or so
of cross-pollenization of things that could prohibit this use, and that's
all. And you're certainly welcome to -- and, please, I appreciate your
concerns. I would like to show our support, and I'll be happy to work
with you. And I have said regularly I'll be happy to work with the
Forestry Department about this -- about this potential use, so...
COMMISSIONER TAYLOR: Again, I'm not opposed to swamp
buggies.
COMMISSIONER McDANIEL: No, none of us are.
COMMISSIONER TAYLOR: I'm in support of that. It's the
other two. So perhaps if there is a snafu, maybe you would bring it
back to us, and we could amend our resolution at some point if it needs
to be clearer.
COMMISSIONER McDANIEL: I'd be happy to do that as well,
sure.
May 8, 2018
Page 51
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER McDANIEL: As I'm working with them just
to promote this, I'd be happy to do that.
COMMISSIONER TAYLOR: Thank you. Thank you very
much.
COMMISSIONER McDANIEL: Yes, ma'am.
CHAIRMAN SOLIS: And I was just going to say that I'm in
favor of supporting it, but I have my concerns, because the
cross-pollenization goes both ways.
COMMISSIONER McDANIEL: Absolutely.
CHAIRMAN SOLIS: That's the issue. There could be overlap
either way so -- and whatever correspondence you have, I'd appreciate
being --
COMMISSIONER McDANIEL: I'd be happy to keep you
updated.
And I think it's really important, you know, just to say this out
loud. I was a guide for the Wounded Warrior Turkey Hunt in this
forest two years ago, and I am allowed today to drive my one-ton
four-door 8-foot-bed, 9,000 pound pickup truck in the forest today.
Now, there's places I can't go because it sinks, but that's something for
us to remember. We are allowed and can go down there with -- as
Captain Frank said, there is no check station. You just cross over the
bridge and go down Miller Boulevard, and there you are; you're in it.
And so -- and I traversed all through the forest when I was
guiding that Wounded Warrior two years ago on a turkey hunt, so -- in
my truck. So this is just -- this is just another process for us to be able
to enhance public access in certain areas that you can't get to in my
truck, or in a truck, per se.
CHAIRMAN SOLIS: Very good.
COMMISSIONER McDANIEL: And thank you for your
support, by the way.
May 8, 2018
Page 52
MR. OCHS: Mr. Chairman, following your 10-minute court
reporter break, I've been asked by one of the candidates for your
special magistrate contract if the Board would be kind enough to take
those two items up immediately after the break because he's got a court
case.
COMMISSIONER McDANIEL: What's he got, a job or
something?
CHAIRMAN SOLIS: Absolutely.
MR. OCHS: If you'd like to take a 10-minute break, and then
we'll go right to Items 12A and 12B.
CHAIRMAN SOLIS: We'll come back at 10:38.
MR. OCHS: All right. Very good. Thank you.
(A brief recess was had.)
MR. OCHS: Mr. Chairman, you have a live mike.
Item #12A
THE BOARD TO CONSIDER EXTENDING THE AGREEMENT
FOR SPECIAL MAGISTRATE BRENDA C. GARRETSON FOR
AN ADDITIONAL TWO-YEARS, TO TERMINATE ON MAY 15,
2020 - MOTION TO RE-APPOINT MS. GARRETSON TO AN
ADDITIONAL 2 YEAR AGREEMENT – APPROVED
Item #12B
REQUEST FOR PROPOSAL (RFP) #18-7298 TO PATRICK
NEALE & ASSOCIATES FOR SPECIAL MAGISTRATE
SERVICES FOR CODE ENFORCEMENT DIVISION - MOTION
TO CLOSE THE RFP AND DENY APPOINTMENT OF MR.
NEALE – APPROVED
May 8, 2018
Page 53
MR. OCHS: Yes, sir. That takes to us Item 12 this morning,
County Attorney's report. We have two related items. Item 12A is a
recommendation for the Board to consider extending the agreement for
Special Magistrate Brenda Garretson for an additional two years, and
Item 12B is a recommendation to approve an RFP to Patrick Neale &
Associates for special magistrate services for code enforcement work.
And I'll let Mr. Klatzkow cover these items.
MR. KLATZKOW: You can take these items separately or
together, depending upon the Board's desire.
CHAIRMAN SOLIS: I mean, I think it's essentially for the same
position. Why don't we just take them together, right? I mean, these
things are overlapping, are they not?
MR. KLATZKOW: Yes, they are, sir.
CHAIRMAN SOLIS: So unless there's an objection, I would say
let's just proceed with both of them.
COMMISSIONER FIALA: Okay.
CHAIRMAN SOLIS: Okay. Very good. Is there a presentation?
MR. KLATZKOW: You have two applicants for your special
magistrate's position. Your current Special Magistrate Brenda
Garretson, and you have a Mr. Patrick Neale, who is, in essence,
applying to be your new special magistrate.
The ordinance allows you to have multiple magistrates if that's
what you wish.
MR. MILLER: And, Mr. Chairman, both of these candidates
have registered to speak today.
CHAIRMAN SOLIS: Okay. There's lights on. Do we want to
speak first, or do you want to hear from the speakers?
COMMISSIONER TAYLOR: Let's hear from them.
COMMISSIONER FIALA: Sure, whatever you would like.
CHAIRMAN SOLIS: Speakers first?
COMMISSIONER McDANIEL: I'm fine with that.
May 8, 2018
Page 54
MR. MILLER: Your first speaker is Brenda Garretson. She'll be
followed by Patrick Neale.
MS. GARRETSON: Good morning. I am Brenda Garretson, the
current special magistrate for Collier County Code Enforcement, and
have had the privilege of doing that job for -- this is my 14th year.
I enjoy the job very much. And I've had the pleasure of working
with very talented people over these many years. And I also have the
distinction of being the person who actually drafted the original code
enforcement ordinance that created the Code Enforcement Board,
which is the genesis of the whole program.
And it was very curious to me when -- I didn't realize exactly how
old I was until I looked back at all the things that I had done over these
years. And I have been a civil servant serving the citizens of Collier
County now, with my previous positions as assistant county attorney,
as a retired judge, and as a special magistrate, for 27 years.
And I love serving the citizens of Collier County. I take very
seriously the job. I think that it's very important that you have an
independent special magistrate who hears cases that involve your
citizens having an opportunity to come and have a hearing, that it
comes before a special magistrate that is independent of the county and
that they have a fair and impartial hearing.
I think that retired judges have a particularly unique perspective
that they bring to this position, because they're already in a judicial
mindset before they get here.
Our citizens expect that they're going to be given an opportunity
to tell their side of the story. They also expect that they are going to
have procedural guidelines that are followed appropriately, and I've
found over the years -- it's going to be very hard to do this --
COMMISSIONER McDANIEL: You've got 30 seconds.
MS. GARRETSON: -- in 30 seconds. Well, I do -- would
actually ask you if I can have an extension of time in this particular
May 8, 2018
Page 55
case.
CHAIRMAN SOLIS: Well --
MS. GARRETSON: And I would ask for Mr. Neale to have the
same opportunity.
COMMISSIONER SAUNDERS: Mr. Chairman, generally --
this is not public comment. This is an applicant for a contract.
CHAIRMAN SOLIS: Right.
COMMISSIONER SAUNDERS: We usually let applicants
speak for as long as they need to get their --
CHAIRMAN SOLIS: Is that normally the way we handle these?
MR. OCHS: Discretion of the Chair, but in cases like this when
it's a vendor contract, it's typically not limited to three minutes.
CHAIRMAN SOLIS: Oh, okay. All right.
MS. GARRETSON: Thank you.
CHAIRMAN SOLIS: How about another three? Can we do it in
another three?
MS. GARRETSON: You know me, Mr. Solis, so -- time specific
is something that I will try my best for.
One of the things that I wanted to also point out to you is that this
is a job that you've just recently -- you have an ordinance that you wish
to have an expansion of the duties of the special magistrate to include
bid protests and the payment protests.
Both of those things do require writing ability. That's something
else that comes with the package when you have a retired judge. I've
actually already done both of those things as a hearing examiner, was
appointed by the Board to handle two -- at least two. Jeff, I'm not sure
if I've done more than that, but -- multi-million-dollar bid protests, and
I enjoy writing. As I said, I've written ordinances, drafted, ordinances
-- and, obviously, opinions over many years as a judge.
I see this position as being one that's going to be evolving, that
you're going to find more things that the county can see the special
May 8, 2018
Page 56
magistrate doing over the years to help with dispute resolution, and I
will continue to see it as the responsibility of the special magistrate to
make sure that anyone that appears is given an opportunity to be heard
and that it is a fair and impartial hearing.
Sometimes the county makes mistakes, and they should be held
accountable. I think that's what the citizens expect; that they are not
coming and are always going to lose, because the -- that's what the
special magistrate's job is, to hear the facts and see if a mistake has
been made.
That's why Paul Harvey had it right, you know, there was always
another side to the story. And I like to hear that from the person that is
being alleged to have violated one of our ordinances.
I am requesting a reappointment and extension of my contract for
two years. I would like to have the extension that the ordinance
provides for. The ordinance, if you review it, does have two-year
contracts and two-year extension, but I won't work forever. I would
encourage you to consider retired judges in the future, and I know
some that would be very excellent in this position, and I would
encourage them to apply in the future.
I thank you very much for allowing me to speak today and for the
extra time, Mr. Chairman. And I'll answer any questions that you
have. I think I made it.
CHAIRMAN SOLIS: Perfect.
Any questions for Ms. Garretson?
COMMISSIONER TAYLOR: Yes, I do.
Ms. Garretson, you mentioned that you were -- you'd like a
two-year with a two-year extension. If you had that, does that mean not
after that, or is that -- that's just an expanded contract rather than just a
two-year.
MS. GARRETSON: That's all that I would like. I would be at a
stage in my life where I would not want to go any further past that.
May 8, 2018
Page 57
That is the most I would want to work. I'd like for you to put me out to
pasture at that point.
COMMISSIONER TAYLOR: Would you consider succession
planning?
MS. GARRETSON: Of course.
COMMISSIONER TAYLOR: That's it's.
MS. GARRETSON: I love sharing things with people. As a
matter of fact, I love working with a two-year plan, a four-year plan,
you know, and be innovative about how we're going to do things. I
love working with staff about, you know, what are we going to do to
improve what we have underway right now. How can we do better?
We always should be looking for ways to improve and serve the public
better.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN SOLIS: Any other questions? Oh, okay. I see it.
COMMISSIONER SAUNDERS: My understanding is that you
were late in getting your materials in in response to the request for
proposals. I had a conversation with the County Attorney concerning
that a few weeks ago. And can you explain what happened there? Or
am I incorrect? Was everything done timely, or was there some delay?
And if there was a delay, what was the reason?
MS. GARRETSON: Well, I'll give you the history, Mr.
Saunders, Commissioner.
As you know, last year my contract came up and, unbeknownst to
me, there was a contract put on a consent agenda for Mr. Neale, which
I found out about from someone that was not in the Code Enforcement
Department. No one told me about it.
So how my contract had been handled in the past was I was
notified, your contract's coming up. Obviously, I knew when my
contract was coming up, but I was sent notification, "Your contract is
coming up. Would you like to renew it?"
May 8, 2018
Page 58
And I have a form that got sent to me, and then I would reply and
say, "Yes, I would like for my contract to be renewed." That was not
done. And this was sent to me -- or not sent to me. I did not receive
that notification, and the item was put on the agenda, but then it was
withdrawn due to the fact that Mr. Neale was not qualified according
to the requirements of the ordinance. There are three qualifications.
You have to be either a certified mediator, an arbitrator, or a retired
judge.
Subsequent to that, last August, I called the Procurement
Department and I asked, how will you be -- well, let me back up and
say that I at that time inquired how it was possible for this to be put
forward, somebody else to be put forward for special magistrate
without there being an RFP, and I was told it was under the new
procurement ordinance.
So in August I called the Procurement Department and spoke
with a person that handles those types of things, and I was told that
under the procurement ordinance that the director of a department was
able to select any person they chose, and if the procurement director
had no objection, then that person could be chosen without notification
to me.
So I gave the information about myself, all my contact
information, and said, well, as a sitting magistrate, I would like to
receive notice if, in fact, that is being done, you know, having been the
special magistrate for this many years, and she took my information.
I called again in December; I believe it was December. My
information was verified at that time. I asked of the director -- I think
it was January -- what was going on with my contract. The response I
got was, "I don't know."
I saw the director on the occasion of each my hearings, which is
once a month, the first Friday of every month. I also was in the Code
Enforcement Department offices every month, because I go there to
May 8, 2018
Page 59
sign my orders. No one spoke to me about any RFP being issued.
The first time I found out that there was an RFP issued -- which,
by the way, was issued January 29th of this year -- was when Mr.
Ossorio came up to me on the day of my hearings April 6th, after the
hearings were over, and said that my May hearings would be my last
hearings.
And I was very surprised, not knowing that the RFP had been
issued. The deadline for the RFP was February 28th. Obviously it had
passed. Would I have let it pass if I had known about it? I think not,
because I had obviously submitted and met the deadlines in all the
years past. It wouldn't even have been difficult for me to do that
because I have copies of my previous ones which have not really
changed.
The RFP, by the way, is incorrect. If they had looked at the
ordinance and looked at my prior contracts, they would see there's no
longer a requirement for the -- well, I'm not going to go into that
because that's not really appropriate in answering your question.
But in any event, when I found that out, I called purchasing, as
soon as I left this building, and asked for the person who was in charge
of the RFPs. The person that I had dealt with previously had retired,
and the person's name I was given was -- I was told was not available,
but they gave me her voice mail. I left a message, a very detailed
message, saying that I would like to have a copy of the RFP. I would
like to know what date it was issued, what date it was final -- when it
was to be -- the end time, the due date, and I never got a response and
never got a return call. Called again, I would say, the next week and
did not get a response.
I've made quite a few -- I mean, the history since that time you
probably don't want me to take the time to share with you. But I've
spent a lot of time since then.
Now, Mr. Ossorio, I can share with you, sent me -- told me -- the
May 8, 2018
Page 60
day that he shared that, he said that people had been trying to get in
touch with me by lots of phone calls and lots of emails from both the
County Attorney's Office and from procurement.
I checked my phone, I checked my computer, my iPad. There are
no phone calls made from either place. He sent me an email that he
said was sent to me. Well, I found out that this email for -- with
another explanation, I guess, went to junk mail, but there was one
email. It was sent from the director March 21st, after the deadline for
the RFP, almost a month after the deadline. It was sent from the
director, who had seen me at least five times, personally, to Mr.
Klatzkow, asking Mr. Klatzkow why I had not applied, and then Mr.
Klatzkow sent the email to me.
Now, I don't know about you, but I'm used to people being up
front with me, and if something is coming up like that and you're
working with a person, I don't see any reason why you can't just say,
"Your contract's coming up. What are you planning on doing?"
Especially with someone that has been doing the work for that long a
period of time.
And, as a matter of fact, I'd like to point out -- and I had a lot of
lawyers when I was judge say this: I'd like to point out, Your Honor,
that as soon as I found out, I did something about it. I did not let any
grass grow under my feet.
CHAIRMAN SOLIS: Okay. Thank you. Any other questions?
MS. GARRETSON: And I'm sorry that I had to put all that on
the record. I would have preferred not to.
CHAIRMAN SOLIS: Thank you. Okay.
MS. GARRETSON: But I'm going to honestly answer a question
when it's asked of me.
CHAIRMAN SOLIS: Thank you. Shall we move on to Mr.
Neale? There's lights on, so I want to make sure that nobody else has
any questions for Ms. Garretson.
May 8, 2018
Page 61
(No response.)
CHAIRMAN SOLIS: We're okay to move on.
COMMISSIONER FIALA: Hold till after.
CHAIRMAN SOLIS: Okay. And I'd also like to hear from staff
as well.
MR. NEALE: Unfortunately --
CHAIRMAN SOLIS: I'm sorry. Can we hear from staff on the
issues that were brought up first?
MR. NEALE: Sure.
CHAIRMAN SOLIS: I apologize. I think it would be just better
for flow if --
MR. NEALE: I do apologize, because I've got a really hard stop
at --
CHAIRMAN SOLIS: What time is your --
MR. NEALE: 11:30 is my hearing.
CHAIRMAN SOLIS: 10:30?
MR. NEALE: 11:30.
CHAIRMAN SOLIS: 11:30. Go ahead and go then. I'm sorry.
MR. NEALE: I apologize.
CHAIRMAN SOLIS: The whole reason for setting this like this
was so you could get to your hearing.
MR. NEALE: I apologize.
Again, for the record, Patrick Neale.
I found about this bid because I subscribe to BidSync. And prior
to that, I had subscribed to the Collier County purchasing, whatever it's
called, procurement management emails. And so I found out about
this through BidSync. I got a notification from BidSync that said,
there's a new bid you might be interested in, but -- I don't know if you
guys -- you probably know because you paid -- you voted to pay for it,
but BidSync is the Collier County procurement automated system.
That's what you're using now.
May 8, 2018
Page 62
I found out about it from BidSync, went in, downloaded all the
documents, figured out what needed to be done, and then submitted --
and I've got copies for everyone -- my application.
I don't expect everybody to read this while we're standing here,
but I just wanted to supply it to everyone so you know what -- one for
Mr. Klatzkow, too -- supply it to everyone so that you know where
we're working from.
I submitted the RFP on February 27th. The due date was
February 28th. I followed the rules; submitted the application. I then
-- and I've got -- which is probably not necessary, I've got a
confirmation here of what -- that being submitted.
Then on April 18th I got a notification from BidSync,
"Congratulations, Collier County has awarded you Solicitation
18-7298. Please be advised this does not constitute an order. You'll
receive an official notification of award."
Then on February 27th, I got an email from Sandra Herrera in the
Procurement Department that said, "This agreement will be presented
to the Board for approval on 5/8, and in order to meet our internal
agenda deadlines we need the attached agreement signed and returned
via email before 11:00 a.m., must be executed by an authorized officer
of the corporation, sign where indicated, and have it properly
witnessed," and they also needed two original signature pages mailed
to them immediately.
Well, this came in at 9:10 in the morning, and we managed to --
fortunately I was in the office. We managed to run around, stand on
our heads, and we got that back to the county. I think the time stamp
on the email was, like, 10:40.
I applied for this position because I've had experience working
with the county before. I was the Contractor Licensing attorney for 15
years. That, then, was put out for bid, and when it was put out for bid, I
bid, other people bid. I was under -- my total fee was $12,000 a year.
May 8, 2018
Page 63
I was underbid by $1,000 a year. Guess what? I lost the contract.
That's what happens.
I'm here because, you know, I bid this out at $195 an hour, which
is a very substantial discount from my normal rate. I am doing it
because I feel it's a service to the county. If the Board sees fit to have
me proceed as being your special magistrate, being your new special
magistrate, I'd be more than happy to do so. If the Board sees fit not
to, I can understand that. I can understand you might want to keep
someone who's been around for a long time even though, obviously, in
my previous position, that wasn't a consideration.
But I'm just here to answer any questions. I believe that my
resume speaks for itself. I've been a member of the Florida Bar for
almost 40 years. I've lived here in Collier County for 31 years, almost.
I've been a member or served on just about every citizen's advisory
board this county has had at some time in the past. In fact, I think Burt
and I have a -- Commissioner Saunders, I have several proclamations
signed by Mr. Saunders from when I served on various committees,
and he was a former commissioner back then.
So, you know, certainly I'm not doing this out of any malice for
anybody. All I'm doing is trying to provide a service to the county. If
the county wants my services, I thank you very much. If the county
doesn't, I can understand your position.
That's all I have, thank you.
CHAIRMAN SOLIS: Hear from staff.
MR. COYMAN: Good morning. For the record, my name's --
CHAIRMAN SOLIS: Unless anybody has any questions for Mr.
Neale. I'm sorry. I keep trying to jump ahead. Any questions for
him?
(No response.)
CHAIRMAN SOLIS: Thank you. Sorry. Go ahead.
MR. COYMAN: Good morning. For the record, my name's Ted
May 8, 2018
Page 64
Coyman. I'm director of Procurement Services.
I want to elaborate a little bit about the notification of vendors.
The county did switch bid platforms the end of last year, and in the
case of Ms. Garretson, there were five notifications sent to Ms.
Garretson: November 14th, 2017; November 27th; December 12th;
January 2nd of 2018; and February 14th.
The solicitation that's being discussed was advertised on January
29th. The bidding for that closed on February 28th, and the record
indicated that Ms. Garretson registered her business interest on the bid
platform on April 6th.
So the notification that went out was the same notification that
went out to all of our vendors, and the county's seen a very successful
transition with the vendor community from the old bid platform to the
new platform.
The new solicitation that was issued was done at the request of
code enforcement because the current contract expires on May 15th.
We had one bidder respond; that was Patrick Neale & Associates.
This was done as an RFP, and in your board package on Page 435, you
would see the selection criteria of the candidates.
There was a five-member selection committee that made the
selection, and there were three key things that the committee was
looking for and, specifically, one was Florida Supreme Court certified
mediator certification.
Mr. Neale does hold that. He was a -- he previously served as a
court-appointed mediator, and he previously represented Collier
County Contractors Licensing Board for 15 years. So the committee
deemed him responsive, responsible, and made a recommendation to
award to him, and that's what's before you today.
CHAIRMAN SOLIS: Thank you. Any questions for staff?
(No response.)
CHAIRMAN SOLIS: No? Okay. Commissioner Fiala, I think --
May 8, 2018
Page 65
thank you. I think your light was on first.
COMMISSIONER FIALA: Okay. I just had a small concern.
First of all -- and that -- and it's coming from a personal angle, and that
is my daughter works -- and she's been working at the same company
for 16 years, 17 years, and it's all based on tips, right.
And then they decided to expand their business, and so they hired
another guy to fill in. They hired another guy to fill in, and that's fine,
except that all of a sudden now they're trying to split the jobs between
the two and, of course, her salary suffered.
And she'd been so dedicated to them all of these years, and finally
she said, you know, it's going to be me or him, whichever you want
but, you know, now I can't take care of my kids because you've cut my
salary so much.
And the other guy had problems getting to work and all of this
stuff. Well, he left shortly afterwards anyway. But I'm thinking, how
do you take the job and you now split it between two people when you
only need to give it to one person. It's been sufficient all of this time.
And she's got such a good reputation.
And, I mean, I've heard from people not only on the street, but
I've heard from Code Enforcement offices that they like working with
her. Why fix it if it ain't broken? That's my question.
CHAIRMAN SOLIS: Commissioner Saunders, I don't know if
your light was on or you had already asked your question.
COMMISSIONER SAUNDERS: I had already asked my
question, but I think -- and just as a quick comment, I have a great deal
of respect for both applicants, and I wanted to just have on the record
what had happened, because it's not typical that Ms. Garretson would
miss a deadline. And so I felt that there had to be some reason, and
that's why I wanted to at least have that articulated.
And, you know, I don't know if you had subscribed to the
platform or not but, you know, at least there was a reason. And so I'm
May 8, 2018
Page 66
really torn because, as I said, I've got a great deal of respect for both
applicants. So I really want to listen to what the commission has to
say.
CHAIRMAN SOLIS: Commissioner Taylor.
COMMISSIONER TAYLOR: In preparing for this, I read the
County Attorney's remarks about -- I believe it was -- I think it was on
the item on our summary agenda where he praises the way the special
magistrate has done a great job. I don't know exactly -- I'm trying to
look for it right now. But, basically -- okay. So it says, this board,
which is a special magist -- I guess it's the special magistrate board,
was included in the original ordinance based in part on concerns then
raised by Enforcement Board and is part as a review mechanism since
the county had no prior experience with this process.
Since its inception, the special magistrate has greatly exceeded
everyone's expectations and, accordingly, this board has had no reason
to meet since the hiring of the first and current special magistrate. This
is our County Attorney. To me that says right -- why fix it? I mean,
it's not broken.
The other aspect is -- and I think I heard this, and I want to
confirm it, is that this special magistrate would like another four years,
and then that's it. I do think a retired judge -- my goodness. Mike
Carr's sitting out there. Fred Hardt, if he isn't, he will be soon. We
have an opportunity here, and I like the idea of a judge, because I think
there's a process and -- now, I'm not the attorney, so forgive me, but I
think as a judge there's a process that you bring to a hearing that an
attorney who argues one side or the other doesn't have, and I think
that's valuable.
The whole idea of having a special magistrate to deal with
citizens' matters is very important, because it's the face of our
government to the citizenry. And I think it's a very important project,
important position.
May 8, 2018
Page 67
MR. NEALE: If I may, I do have to leave.
COMMISSIONER TAYLOR: Yeah, I saw you leaving.
MR. NEALE: I see where this is going, and I doubt whether I
would ever bid on another RFP for this county.
COMMISSIONER McDANIEL: We haven't even voted yet.
COMMISSIONER TAYLOR: He just spoke, didn't he? All
right. Thank you.
CHAIRMAN SOLIS: Anything else?
Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. It's too bad that Pat left
before he heard me speak, but maybe he's still in the hallway.
I've been torn, there again, as well. Commissioner Taylor, you're
right, this is -- and there's no argument that the magistrate's been a
huge benefit for our community, saved us court costs and so on and so
forth. I'm disappointed in the process, procedures, good, bad, or
indifferent. I think that this issue may -- could have been handled in a
different manner.
Be that as it may, there are contracts. I know about contracts.
There are terms of contracts. All contracts have a beginning and
ending date, expiration, and timelines within which for renewal and the
like.
I've been struggling with this. I know Pat quite well. I've spoke
with Ms. Brenda about this as well. I know there is at the current
stage, because of the stellar efforts of Mr. Ossorio, who's not listening
to me right now -- I caught him talking to Jamie. That was all. I just
caught him. I said, because of the stellar efforts of our Code
Enforcement Department, we're reaching satisfactory solutions to the
issues that arise regularly through code enforcement.
And just so you know how I'm thinking, it would be my
preference that we hire them both for a two-year term and then divide
the work up accordingly and provide for a portion of what Ms. Taylor
May 8, 2018
Page 68
spoke about, Mrs. Taylor spoke about, Commissioner Taylor spoke
about earlier in that succession planning process.
So that's my compromise, if you will, with a very
emotionally-bound difficult subject matter.
CHAIRMAN SOLIS: Thank you. And I would echo the same
thing. I mean, I've known, you know, Ms. Garretson and Mr. Neale
both for years and years. And there's two things. One is that we're
expanding the cases in which the special magistrate will hear, right? I
mean, we've added a whole 'nother category of things, so there will be
more things to hear, I think.
Secondly -- and this is kind of a procedural thing, because I
realize that I had not communicated it to the County Attorney, and it
was on the summary agenda. There is a revision to the ordinance
which concerns me, and that is not to have a review process. I mean,
not needing to use it is wonderful. Not having a review process and
doing away with a board that will review how special magistrates
work, I think, is unhealthy. I mean, I don't know why we would do
that.
And so, I should have probably pulled that and procedurally,
maybe, I would have to bring a motion for rehearing, but --
COMMISSIONER McDANIEL: I'll support that motion.
CHAIRMAN SOLIS: Yeah.
COMMISSIONER McDANIEL: I support that motion.
CHAIRMAN SOLIS: Let me finish this, and I'll do that
separately.
COMMISSIONER McDANIEL: Okay.
CHAIRMAN SOLIS: Because, you know, it is a very important
position, and it's working well. I mean, if there is a concern -- not a
concern, but a need for succession planning, you know, I agree with
Commissioner McDaniel that I don't know why we wouldn't, you
know, expand our special magistrates and see how it goes, and --
May 8, 2018
Page 69
COMMISSIONER McDANIEL: This isn't a debate. I'm sorry,
Mr. Chairman. I'm sorry. I didn't want us --
MS. GARRETSON: I was only going to give information; that
was all.
COMMISSIONER McDANIEL: The other applicant's gone, and
I --
CHAIRMAN SOLIS: Right.
COMMISSIONER McDANIEL: It's a deliberation.
CHAIRMAN SOLIS: And we're just expressing --
MS. GARRETSON: I just wanted to give you information to
give you help. That's all.
CHAIRMAN SOLIS: Okay. Well, I mean, I'm just trying to say
what I feel.
MS. GARRETSON: I understand.
CHAIRMAN SOLIS: Okay. So I would support that as well. I
mean, I think -- I don't see what it would hurt. I don't see -- there's
expanded roles that the special magistrate's going to play. There's
going to be more things to hear, most likely. So I wouldn't have any
objection to hiring both.
Having said that, I would like to move to reconsider the
amendment to the special magistrate ordinance, and I don't know if
that's appropriate now or we can do it later, but I'm concerned that
doing away with the board that was there to review whether or not it's
working well because we haven't needed to use it concerns me,
because then who's going to review it? And I don't think that that's a
wise thing to do or a good reason to do it. It's never a problem till it's a
problem.
COMMISSIONER SAUNDERS: I would suggest that we deal
with this --
CHAIRMAN SOLIS: Yeah.
COMMISSIONER SAUNDERS: -- then make your motion
May 8, 2018
Page 70
afterwards.
CHAIRMAN SOLIS: Okay. Commissioner Fiala.
COMMISSIONER FIALA: No. You just answered my
question, so...
CHAIRMAN SOLIS: Okay. One at a time.
COMMISSIONER McDANIEL: Do you want me to make a
motion? I'll make a motion that we offer contracts to both for a
two-year term, similar terms and conditions.
COMMISSIONER SAUNDERS: Can you add to that motion
that staff will direct the flow of assignments --
COMMISSIONER McDANIEL: Happy with that as well.
COMMISSIONER SAUNDERS: -- so that -- I mean, I think that
would happen automatically, but...
COMMISSIONER McDANIEL: I do, too.
COMMISSIONER FIALA: I wonder if they, you know, direct
them all to one and not the other, then what happens? I mean, you
know, they might have a favorite or something, and all of a sudden
you've got a mixed bag there and, I don't know, I just think there's too
many problems to get into that.
CHAIRMAN SOLIS: I think it's a great idea. Maybe that's
something that the County Attorney's Office would be better --
COMMISSIONER TAYLOR: To supervise how they allocate.
COMMISSIONER McDANIEL: That would be a good way to
handle that.
CHAIRMAN SOLIS: It could be done on an alternating basis
randomly like the courts do.
COMMISSIONER McDANIEL: I'll amend the motion to allow
the County Attorney's Office to make the decision on the allocations of
the cases.
MR. KLATZKOW: We'll just one -- we'll just alternate meetings
that they normally have, hearing dates that they normally have. We'll
May 8, 2018
Page 71
be fair about it.
COMMISSIONER McDANIEL: As always.
COMMISSIONER TAYLOR: Is there a time limit -- for
instance, when a case comes up, is there a time frame in which that
case needs to be presented and heard in front of the special magistrate?
MR. KLATZKOW: Yeah, there are some time frames, but that's
not an issue if you want to alternate.
COMMISSIONER TAYLOR: What I'm concerned about is the
perception of favoritism to staff or to a particular code enforcement --
or a petitioner; that they could say, I don't think I want that person or
staff, or they could say -- staff could say, uh-uh, I don't want this
person to hear this. I want this person to hear this, because I want to
make sure that my outcome is what I want it to be.
COMMISSIONER McDANIEL: That's not -- that isn't even part
of the motion. Staff's not -- has nothing to say with the -- with the
delineation of the cases.
MR. KLATZKOW: No, I understand what Commissioner
Taylor's saying. You know, my thought process was to alternate the
hearing dates between the two of them. As far as setting up the docket,
you're going to have to trust that staff is not biased. And my
experience is that staff is not biased.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER FIALA: I just can't figure out why we're
doing this in the first place. We're trying to fix something that isn't
broken, and I don't understand that.
COMMISSIONER McDANIEL: Well, you're right.
COMMISSIONER TAYLOR: I agree. I mean, we have a
recommendation from the County Attorney. It's working fine. We
have two years to look at it again. We have the applicant that says
there will be succession planning. Why are we doing this?
COMMISSIONER FIALA: I don't know either, so I can't --
May 8, 2018
Page 72
COMMISSIONER SAUNDERS: If I could ask the County
Attorney just a quick question, and then I'm ready to vote on the
motion; but I want to ask the County Attorney a question.
We had a bid process. Pat Neale complied with it, submitted the
bid, was advised that he would be receiving the bid.
You had Brenda Garretson, for whatever reason, fails to get the
notice and, according to the staff, there were attempts to make that
notice available and that it was put on the county's bid package
program.
Once she found out about it, she submitted a full package after the
fact. And just from a legal standpoint, I want to make sure that that's
not creating some problem for us. I'm assuming that it doesn't because
there's really no contract until the Board approves a contract. But is
there -- are we going to create a situation, potentially, where other
bidders may come in late for whatever reason, again?
MR. KLATZKOW: A couple of thoughts: One, as the
overriding principle, the Board has the ability to waive any
irregularities in any particular bid, just as a general overview.
Secondly, we're not -- we're not asking for widgets here. You only
have a handful of people in this county, including the County Manager
and myself, that are under contract directly to the Board. It's different
than a vendor who's selling hammers to the county or anything else.
This is a -- this is a relationship-based type of position more than
anything else. And, you know, at the end of the day, I think staff
should have sat down with the current special magistrate and said, you
know, we're putting this out to bid, you know, and you give her the
heads-up rather than relying on a bid support platform.
COMMISSIONER SAUNDERS: Mr. Chairman, I know there's
a motion and a second. I'm going to vote against the motion. My
initial reaction was let's split the baby and try to, you know, appease
both parties, but as I've listened to the discussion -- so I think that
May 8, 2018
Page 73
motion will fail, if I can count to three. So I just wanted to explain my
reasoning for not supporting that motion.
COMMISSIONER McDANIEL: And --
COMMISSIONER TAYLOR: I'd like to make a motion --
CHAIRMAN SOLIS: Well, we have to vote on that motion first.
COMMISSIONER TAYLOR: Oh, okay.
CHAIRMAN SOLIS: So there's a motion and a second.
COMMISSIONER McDANIEL: I have a question for
Commissioner Saunders before we go in, if we're discussing the
original motion. And, again, it's -- my premise for making the motion
in the first place was to -- because there is a contract that is expiring
right now with the existing magistrate that wasn't fulfilled. There was
terms, conditions of the contract, a bid platform that wasn't fulfilled by
the existing magistrate, that was my rationale for offering the position
to both, just for purposes of clarification. I mean, it's a contract thing.
And so that was the reason that I was leaning that direction, so...
CHAIRMAN SOLIS: No other discussion?
(No response.)
CHAIRMAN SOLIS: So there's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
CHAIRMAN SOLIS: Aye.
All those opposed?
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Okay. Motion fails.
COMMISSIONER TAYLOR: I'd like to make another motion to
reappoint -- renew or I'm not sure the correct term --
MR. OCHS: It's a new contract.
COMMISSIONER TAYLOR: -- contract with our current
May 8, 2018
Page 74
special magistrate for two years and to review it again in two years
with an understanding that she has at this meeting expressed interest
that in four years she would like to retire, and that there is a willingness
on the part of the special magistrate to plan for succession.
COMMISSIONER FIALA: I'll second the motion.
MR. KLATZKOW: Just for clarification, a two-year extension
then? You mentioned four years.
COMMISSIONER TAYLOR: I'd like to include a two-year
extension with the understanding that it would -- so there would be a
two-year contract.
COMMISSIONER McDANIEL: We have a two-year contract --
forgive me.
COMMISSIONER TAYLOR: -- with a two-year extension with
the understanding that at the end of that four-year term there would be
a new appointment because the special magistrate would not apply
because --
COMMISSIONER SAUNDERS: Mr. Chairman, if that's the
motion, I will vote against that motion as well. We are here to award a
contract for two years, and at the end of two years, if we want to
extend it for two years, we get to vote to extend it. I assume that's the
way these contracts work.
MR. KLATZKOW: Yes.
COMMISSIONER SAUNDERS: But we're not approving a
two-year contract and approving a two-year extension at the same
time.
COMMISSIONER TAYLOR: Oh, no, no. Then I
misunderstood. Let me -- why don't you make the motion, and I'll
second it.
COMMISSIONER SAUNDERS: Just -- I would move to
approve a two-year contract with Brenda Garretson.
MR. KLATZKOW: And the extension agreement is attached to
May 8, 2018
Page 75
your agenda.
COMMISSIONER TAYLOR: Okay. Second.
CHAIRMAN SOLIS: There's a motion and a second. All in
favor, say aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: All opposed?
Aye.
Motion carries.
COMMISSIONER FIALA: I have a question as we end; you
know, this is fine. Say, for instance, with the new provisions, and they
have an extra caseload or lots of extra caseloads and they find that they
do need somebody extra, would we then go back and look again at
hiring somebody, if it was just next year, but hiring somebody to assist
in those caseloads?
MR. KLATZKOW: We could do that, yes.
COMMISSIONER TAYLOR: That's a very good question.
COMMISSIONER FIALA: Okay. Good.
CHAIRMAN SOLIS: And I would also just want to comment on
succession planning. I mean, this is not a -- you know, succession
planning is usually in a business that's owned by the person that's
going to retire, and that's not the situation. I think, you know, we have
to have an RFP process, and people apply, and we have to follow the
RFP process like we do on everything else.
COMMISSIONER TAYLOR: Oh, of course, of course. But, at
the same time, if there is a time frame of the special magistrate, the
ability for that special magistrate to recruit people to apply for an RFP
is -- can't be underestimated. Jack Walsh did this for years.
CHAIRMAN SOLIS: I don't think that's the proper thing for the
May 8, 2018
Page 76
magistrate to be doing.
COMMISSIONER TAYLOR: To talk to retired --
CHAIRMAN SOLIS: To recruit other people. I think it's an RFP
-- if we have an RFP process, we have an RFP process.
COMMISSIONER TAYLOR: But to encourage retired judges to
apply is not appropriate?
CHAIRMAN SOLIS: Well, that's different from what you were
saying. I mean, you're saying recruiting people and bringing people to
the Board or something --
COMMISSIONER TAYLOR: No, no.
CHAIRMAN SOLIS: -- other than saying -- you know,
somebody suggesting that you should apply to be the special
magistrate is one thing. Recruiting is taking an active role in trying to
bring somebody forward to get the job.
COMMISSIONER TAYLOR: I misspoke.
CHAIRMAN SOLIS: That's a different thing.
COMMISSIONER TAYLOR: Let me talk. Encouraging the
retired judges, of which we have -- will have many in this community,
to apply for this job, because it's a fascinating, rewarding job, and
you've done it now for 14 years.
MS. GARRETSON: Thank you. And I very, very much
appreciate it. Thank you all very, very much. And you're welcome to
come visit us at any time.
COMMISSIONER McDANIEL: Oh, we watch you on TV all
the time.
MS. GARRETSON: My show?
COMMISSIONER McDANIEL: Yes.
MS. GARRETSON: Thank you.
MR. OCHS: Mr. Chairman?
CHAIRMAN SOLIS: Yes, sir.
MR. OCHS: Mr. Coyman has asked to close the process here
May 8, 2018
Page 77
under your procurement ordinance with respect to 12B, if the Board
would make a motion to deny award of the RFP to Mr. Neale.
COMMISSIONER SAUNDERS: I'll make that motion.
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: It's a matter of semantics.
CHAIRMAN SOLIS: Motion and a second. All in favor, say
aye.
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries.
MR. OCHS: Thank you, sir.
Mr. Chairman, did you want to deal with your request for
reconsideration now or after the other items on the agenda?
Item #17A – Motion to reconsider (Per Chairman Solis)
MOTION TO RECONSIDER BY COMMISSIONER SOLIS. AN
ORDINANCE WHICH EXPANDS THE POWERS OF THE
SPECIAL MAGISTRATE, AND ELIMINATES THE SPECIAL
MAGISTRATES REVIEW BOARD – ADOPTED W/CHANGES TO
KEEP THE REVIEW BOARD
CHAIRMAN SOLIS: I think we should just do it now. So the
motion was to reconsider the -- it was 17A on the summary agenda.
COMMISSIONER TAYLOR: And move it -- are we moving to
discuss today? I don't know what the procedure would be.
May 8, 2018
Page 78
MR. OCHS: County Attorney can advise on that.
MR. KLATZKOW: You can discuss it right now, if you'd like.
Just need three of you to say we'd like to discuss it.
COMMISSIONER TAYLOR: Second.
COMMISSIONER McDANIEL: Already did.
CHAIRMAN SOLIS: There's a motion and second. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Okay. Thank you.
As I said, it's -- we're removing a layer of oversight from
something that's very important, it seems to me, on the basis that we've
never had to use it, and I just -- I don't think that's -- if that review
process wasn't working, it would be something different, you know, if
there were issues with that.
But I really would like to remove that deletion from the ordinance
and just leave it in.
COMMISSIONER FIALA: Could I ask a question on that?
CHAIRMAN SOLIS: Yeah.
COMMISSIONER FIALA: So say, for instance, we did remove
it. I like your thoughts, though. I agree with that, but -- and then no
sooner did we remove that and then they did need a review board, we
might not have had one in 10 years all of a sudden we did. Where
would you go to get that review?
CHAIRMAN SOLIS: It would have to come to us.
COMMISSIONER McDANIEL: Right, the Commission.
CHAIRMAN SOLIS: We would be doing that.
May 8, 2018
Page 79
COMMISSIONER McDANIEL: That's the way he set this up is
for the Commission being the one to make that decision.
MR. KLATZKOW: That's right.
COMMISSIONER FIALA: Okay.
MR. KLATZKOW: Just as if -- I mean, at the end of the day, it's
your review of the Code Enforcement Board members, it's your review
of your hearing officer, it's your review of Leo and me. This would
also be your review. There's no reason we cannot continue the Special
Magistrate Review Board if that's what the Board wants, though.
COMMISSIONER FIALA: Okay, good. I know we talked about
it in the office, but I think it would be a good thing to put on the
record, so thank you.
CHAIRMAN SOLIS: Okay.
COMMISSIONER TAYLOR: Okay. So --
COMMISSIONER SAUNDERS: Is it a matter of just simply
deleting some language?
MR. KLATZKOW: I'll just undelete the delete.
CHAIRMAN SOLIS: Undelete the delete.
MR. KLATZKOW: I'll just undelete the delete, yes.
COMMISSIONER McDANIEL: Undelete.
CHAIRMAN SOLIS: Undelete the delete.
COMMISSIONER TAYLOR: And let's review it again in two
years. Let's see -- let's mark this and see where we are in two years.
COMMISSIONER SAUNDERS: Well, since the County
Attorney understands exactly what we have to do, I'll make the motion
to do the delete --
COMMISSIONER TAYLOR: Exactly what the County
Attorney understands we have to do.
MR. KLATZKOW: I will -- you're amending --
COMMISSIONER SAUNDERS: We don't really have to delete
the delete. We just never have to have a delete in there.
May 8, 2018
Page 80
MR. KLATZKOW: We are amending the ordinance to increase
the jurisdiction of the special magistrate. I will undelete the delete for
the Special Magistrate Board, and that will continue unchanged.
COMMISSIONER McDANIEL: Second.
CHAIRMAN SOLIS: There's a motion and second. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: It carries.
Thank you, and thank you for the Board's indulgence on that.
COMMISSIONER TAYLOR: You have worked overtime on
that one, Terri. Sorry about that.
Item #11A
ACCEPTING AN UPDATE TO THE AFTER-ACTION REPORT
PROVIDED DURING THE BOARD’S NOVEMBER 7, 2017
WORKSHOP REGARDING THE EFFECTS OF HURRICANE
IRMA - UPDATE GIVEN
MR. OCHS: Commissioners, that moves us to Item 11A. This is
a recommendation to accept an update to the after-action report
provided during the Board's November 7, 2017, workshop regarding
the effects of Hurricane Irma. Mr. Summers, your Emergency
Services Bureau director, will present.
MR. SUMMERS: Commissioners, good morning. It's nice to be
in front of you without an emergency and -- at least for now.
May 8, 2018
Page 81
And we have an awful lot to share with you, and I'm in that
dubious position of where we started out with only 110 slides, and we
have boiled that down to 20, and I have just a few minutes before
lunch. So let's see what I can do here, and brief you.
I just have to just share with you that in my 30 years of
experience in emergency management, one of the -- you gave us a very
tall challenge with our March Irma after-action, and I want to tell you
that I appreciate it. It's good stuff. It's been an awful lot of work while
we run the county, we recover, we work through FEMA, and I am
totally honored by your commitment to help continue to build
preparedness and help build a disaster-resilient community.
And so I will tell you that we -- the entire team has been working
quite hard. And, as I've said, response is hard; recovery is harder, and
we'll plugging away.
Let me talk about the first initiative that you mentioned, and one
of the priorities that you had in our after-action was to review
commercial fueling. And we know what a challenge -- we remember
the challenges that we had. We also know that we had a very unique
storm situation. We don't want to discount that, of having both ports of
Everglades and Tampa both being impacted or potentially impacted by
this storm.
What we have done at this point -- and a special thanks to Dan
Rodriguez and his team at Hazardous Waste Division. They've
mapped all the fuel stations, gone through an inspection process to
evaluate resiliency.
We're looking at point of sale. And one thing I need to just
remind you in today's world is that it is one thing to have power at the
gas pumps in order to pump fuel; it's another issue to have
connectivity. We all have point of sale. We have Internet control
devices on pumps, and sometimes those are separate chains of
communication that can fail during the disaster. And does anybody
May 8, 2018
Page 82
even use cash anymore today so -- as part of the transaction.
So while we look at generator reliability and some mandates that
we'll be discussing with you in the future, understand that that may not
be the fix to everything because of Internet connectivity point-of-sale
control.
The team has inspected about 90 percent of the fuel stations, and
what we want to do is to make sure that with these fuel stations, as
you'll see in further slides -- what is available. We'll put that
information out on the web.
They have kindly -- and I know this is a little bit of an eye chart;
certainly a big county. But this is what they have mapped so far. Nine
retail stations in Collier County have generators; 34 have the generator
transfer switch. And again, that's kind of a hole in state legislation in
terms of the transfer switch and having the generator on site; whether
or not the retailer executes the installation -- temporary installation of
the generator. We have no one, to our knowledge, pending a generator
or a generator transfer switch in 61 stations without any provisions.
Now, the Florida statutes, which really came into place on about
after Charley or Wilma, provided -- the state put in a legislative
direction, but there was no -- there's no enforcement arm to that
legislative direction, which means that a certain number of pumps,
regardless of the number of pumps, but a station or station going
through substantial renovation has to -- within the proximity of an
evacuation corridor, has to have the generator transfer switch or the
generator.
What also is some discussing in there about periodic testing but,
again, local doesn't have the necessary enforcement. They can provide
us a letter. They can provide discussion. In this case the Solid Waste
Division has been helping the emergency management program, and it
does provide that if a generator transfer switch is not installed or in a
newer substantially renovated station, the county can withhold the CO.
May 8, 2018
Page 83
Now, let me provide --
COMMISSIONER FIALA: Let me ask one question, because I
might have misunderstood him. When you said it provides that they
have to have a generator switch and a generator, is that what you said?
MR. SUMMERS: It's an "or," and it's that "or" that is exactly
problematic as to what we're going to bring forth with some LDC
discussions with you. It's a good point. It is an "or."
CHAIRMAN SOLIS: Most choose to have a switch, not a
generator.
MR. SUMMERS: Most choose to have a switch, that's correct.
So one of the things that we wanted to do -- because we are
working with the staff at GMD to expand that legislative authority
which we can do. There's no preemption concerns here in the LDC.
And we have met with DSAC. We were scheduled to be with the
Collier County Planning Commission last week, and we got postponed
due to a very crowded agenda that they had. So the timeline below
there means that we plan on circling back with you with LDC
amendments on June the 26th.
What we want to add in the LDC are those areas that were
completely void -- essentially, a void in the legislation, and that is we
want to talk about point of sale, we want to talk about flexibility to
incentivize gas stations to put generators, especially where there's site
constraints, okay. So there's going to have to be a little flexibility in the
site plan or existing site plans to get these generators installed and
ensure a third-party testing.
And, again, this third-party testing is really what we think is the --
or a third-party attestation to the reliability was also really the
cumulative effect of what happened in the nursing homes and rest
homes where there was not a thorough inspection and a thorough
testing process.
So let me move forward through that, and some of this will come
May 8, 2018
Page 84
to bear. Fuel strategies internal to Collier County. So we're going to
address a component with the LDC. Now we're going to talk about
internal operations.
Work to date, there is listed with the towable fuel transfer tanks,
and I believe that may be a 3- to a 500-gallon limit. That's all by law
you're allowed to tow. The Sheriff has purchased a couple of -- four
towable units.
Fleet has been budgeted for an additional fuel tender, and that's
kind of a representative sample as to what that vehicle may look like,
and we're looking at the pony tank installation which, if you're
familiar, that is the mounted tank in the back of a pickup truck, and
that can provide certain provisions for fuel. And, again, that is
something that does take some care and some training with the
installation.
Working with our Purchasing Department, bringing a consortium
for a larger fuel contract base, using multiple parties and using, most
likely, multiple vendors in a fuel cooperative. Mr. Coyman is
managing that for us.
We are going back out for an RFP for disaster refueling tankers.
Now, that's a very unusual market, and we don't see many folks in
South Florida offering that service. So that is a fuel tender, which is
kind of what's illustrated in the picture here, that is a contract
organization separate and apart from our bulk fuel.
Now, one of the reasons that this is just now coming out is that
we finally got an opinion from FEMA that FEMA would not let us use
GSA contracts for these type of services. They'll let the state use it, but
they won't let the counties use it. So that means that we're going to
have to work through a new bidding process in order to secure that.
It has been historically an option. The counties could use GSA
contracting for these type of services. It's promoted by GSA and
FEMA, but a new rule change has said that we can no longer use those
May 8, 2018
Page 85
GSA contracts for this service.
COMMISSIONER TAYLOR: Could you please explain GSA,
what --
MR. SUMMERS: I'm sorry. General services administration
under the U.S. Government has a large list of contracts and even a
website that you can use their contracts for disaster support. But under
the new -- some of the new FEMA financing and reform acts, they're
now no longer letting local governments use this particular contract.
And my presumption is is that they think that we might can lower that
price.
When GSA does a contract, it is for the entire continental U.S., so
it's not broken down by region. So the thought process is that probably
at the local level they would prefer we go through a different
procurement strategy.
Essentially, FEMA doesn't want us to piggyback mini contracts;
hence, our own FEMA debris removal contracts, et cetera.
COMMISSIONER TAYLOR: Lack of competition?
MR. SUMMERS: No, I can -- no. I think it's just part of their
continued push to reduce the cost of disaster at the local level.
COMMISSIONER TAYLOR: So we have to go out and bid. So
the idea is that we'll do better if we go out to bid in advance of?
MR. SUMMERS: That's correct, yes, ma'am. But it was
something that we had hoped that we could use, because it would save
us that particular procurement and would open up multiple vendors,
but we're going to have to go back out for our own outside
procurement efforts.
We are looking also at large volume rental storage tanks. We
have found a rental vendor that has those. They are starting to
demobilize a little bit of those tanks. Most all of these that were in
storage have been in Puerto Rico for the last -- ever since Maria, but
there are -- there is some of that large volume storage tanks starting to
May 8, 2018
Page 86
come back to continental U.S., and we found a rental firm that can help
us with that.
And we've also been evaluating military type fuel bladder storage
where we would have a lay-down pad, and we could store fuel in a like
multi-thousand gallon fuel bladder; something that the military uses.
COMMISSIONER TAYLOR: And where would we store that
bladder?
MR. SUMMERS: We would have to store it, but it does collapse.
It collapses to about the size of a pickup truck bed so that it is
manageable in terms of storage. And then you unfold it, basically, like
a large portable swimming pool with an enclosure.
COMMISSIONER TAYLOR: At the beginning of an event?
MR. SUMMERS: Yes.
COMMISSIONER TAYLOR: And to anticipate the event, or to
anticipate the hurricane season?
MR. SUMMERS: To anticipate the event. And, again, we're
going to review on the rental equipment as well. Now, the bladder is a
purchase. They're not a rental. We're still evaluating that and looking
at the cost-benefit of that, as well as the storage. The rental tanks, not
a problem. When we start -- we'll make a conscious decision based on
our time-delineated schedule to acquire those rental tanks, if needed.
COMMISSIONER TAYLOR: Okay. Thank you.
MR. SUMMERS: Okay. Let's talk about the nursing homes and
rest homes. This has been a phenomenal challenge, certainly
something that's been very unique. We're glad that the governor
signed that legislation on March 26th. But if you'll notice, he put some
April 30 deadlines to submission to local government, as well as
AHCA, the Agency for Healthcare Administration. AHCA is still
writing rule on a lot of this activity right now concurrent with the
deadlines that assisted living facilities and nursing homes have.
I am very proud of our team. Lauren Bonica, our human services
May 8, 2018
Page 87
program manager, put an emergency power plan template together.
We think we're the first county that provided such a format. And we
had a webinar and a workshop with most of the nursing homes and rest
homes present, gave them this template in order to help meet this
requirement, allow us to quickly evaluate their emergency power
plans, and make sure that they are moving forward with all of these
emergency power plans and air-conditioning plans that they have to
have.
The majority of these agencies are complying. They are
struggling in the marketplace between generators, contractors,
maintenance people, all of these things that they need to be doing that
the statute requires. They're all working very hard, but the market
demand right now on generators is quite challenging.
A lot of facilities that we've spoken to are renting equipment for
the entire season while they wait on construction plans and renovation
plans to come forward for their emergency cooling as well as their
emergency power.
Part of that, again, in the state legislation, has some holes in it,
and we're going to bring this also for discussion to the Land
Development Code. This will be part of a discussion we plan on
having with you on June 26th.
One of the things that was, again, missing out of the legislative
effort was a third-party attestation to the reliability of that generator,
meaning, has it been maintained? Has the fuel been properly
conditioned? Has it been tested under a load?
So many of these facilities are running the generator, running the
engine part, but not transferring power; hence, they're not putting a
load on the particular -- on the engine itself, and then the failure
occurs.
So we're going to bring that to you with some discussions within
the LDC and had good comments, good favorable response in DSAC
May 8, 2018
Page 88
on that particular component as well.
External power. Our public utilities folks have just worked
incredibly hard to address what the challenges were with lift station
facilities, commercial power. We've met extensively with Florida
Power & Light, and we're just one of hundreds that are looking for
more and better out of FP&L.
I know that they're working very hard on wind mitigation. If
you'll notice on major corridors where they're replacing wooden poles
with concrete poles. These are poles that should be in the
140-mile-an-hour wind load or greater. So they are working on
hardening their network, at least their primary transmission lines. And
I expect -- I believe their goal is 2024 is to have all major power lines,
all of their primary and arterials managed at that wind-load speed. So
that's good. After that, secondary lines, whether aboveground or below
ground, will certainly, I'm sure, be a future phase in their hardening.
Rental contracts, again, we know that we have to have a large
number of rentals. We're going to work to refine that rental contract
period where we can provide more specificity on the equipment, more
specificity on the connectivity, and more -- as well as the delivery.
Lift stations. Quite an accomplishment here but, as you know, we
have put stations everywhere. And correct me if I'm wrong, Dan,
probably public and private in excess of 700, close to 800 lift stations
around Collier County.
Just to give you a little historical perspective here with 2007
public Utilities Division started out with 22 portables and 21 master
pump stations on generators. In 2017, which is the last 10 years,
they've added 20 additional diesel generators, 16 portables, three diesel
pumps, added to master pump stations, and 12 generators installed
under the utility standards by the private developers. So we've
increased at this point to 95 locations.
And here's what I think is a phenomenal amount of work ahead
May 8, 2018
Page 89
here, and that is working with FEMA under mitigation grant
opportunities that might provide us as much as a 75 percent cost share
against a 25 percent local cost share, a goal to bring 54 diesel
generators and/or pump combinations over the next two-and-a-half to
three years pending that FEMA timeline.
CHAIRMAN SOLIS: Additional.
MR. SUMMERS: Additional, that's correct. So bringing us up to
162. And there's master pump stations there with the December 2018
and 2019 goals for some of the master pump stations to get additional
equipment and then five more portables scheduled for the summer of
'18 procurement.
The public and private activity is one of the development
standards. The utility standards manual has certainly been under
review. And what we want to do within that, especially for these
private developers and the potential for the conveyance of these
utilities to Collier County, is to put more -- greater resiliency in that
construction.
GMD will continue to inspect all lift stations in the
unincorporated area. That inspection is expected to be done by
September of 2018.
They want to benchmark what we have with the inventory and the
disaster resilience of the private lift stations as well and, again, look at
ordinances to impose a maintenance shift on these private lift stations
in terms of, say, a maintenance shift. But what we're trying to do is
find opportunities to make those more resilient, whether it's power on
site, whether it's power connections, could be elevated pump motors,
as an example. Anything that will make them more resilient along that
process and as part of that construction, whether it's repair, renovation,
or new construction.
Community resiliency, as a whole; and the buzz word that our
emergency management industry has called the whole community, the
May 8, 2018
Page 90
whole community approach. We're working very hard to address areas
of sheltering the power, the logistics. Part of the additional LDC
discussion coming to you will be what can we use at the community
level such as clubhouses as an alternative for refuge where a
community can -- maybe they won't need to shelter at that particular
community center, but one thing that's very important is that they may
need power, they may need restrooms, they may need Internet
connectivity, they may need air-conditioning. So we're discussing and
going to bring some options to you to discuss as an impact to the LDC.
We're looking at county facilities across the board in trying to
find some opportunities for hardening. That hardening could be
anything from storm shutters, could be to window replacement, could
be to generator connectivity. And, again, looking in two concepts for
funding. Obviously some local funding, local match might be
necessary, but looking at FEMA and their mitigation program, and
there may be some opportunities where Collier County will fit into the
Community Block Development (sic) Grants, the CDBG grants, that
are just for disaster.
Now, that is a large amount of money, but the rules on that
funding and what the allocations have not yet been made, the
governor's office of economic development will be the lead
management agency for that CDBG grant money. And we're looking
at some of the draft ruling making for that grant opportunity.
We're going to continue to map future facilities that can support
some strategic options and locations for the county. An example is
that we just met with Dr. Jones at Florida Southwest last week to talk
about some options of how we can utilize his campus.
And I can't say enough about Dr. Patton and the school district
and her commitment to participate with us not only in the public
sheltering but other buildings that we might need for ancillary support.
So we're working very hard with her.
May 8, 2018
Page 91
As you all know, the legislature was really paying attention to
Irma, and then we had the tragedy in Parkland. And, certainly, a lot of
our momentum, rightfully so, was kind of lost with Irma as we were
addressing school safety.
Dr. Patton's team certainly has some requirements and activities
under the new legislation that they're taking a look at. So I know
they're catching their breath from that, and I know they'll certainly
circle back with us as we continue to work on shelter issues.
We have really kind of narrowed down how we want to address
the employee engagement and disaster, and we had great attitudes,
great support, great people doing great things during the disaster from
the county staff.
We're going to put that in a little different framework. We have a
new policy that has been issued and will categorize our staff available
for certain missions, provide them some expedited training through our
Collier university, and do some hands-on lab work with them for
things like generators and supply deployment supporting our logistics
and PODS operations. So I think we've got a very, very good
framework for how we want to implement the use of county
employees in response and recovery.
As I mentioned, Dr. Patton has been working with us quite
cooperatively. The County Manager and Deputy County Manager and
I enjoyed an excellent briefing from Dr. Patton on this subject a few
weeks ago kind of restating her commitment to support our shelter
operations. She's continuing to work on her power generation.
As you know, we had some challenges with the generator at
Palmetto Ridge. She's working to work on some load tests to make
sure that there's a renewed effort in the preventative maintenance with
her equipment. And she has partnered with us. Every shelter guide has
her logo and our logo on it, and we've worked side by side to build
training materials and video materials for all of her staff, and I think
May 8, 2018
Page 92
that's a phenomenal commitment to have her employees, her
principals, teachers, and staff, engage to help us with probably -- and
as we're planning for 26 shelter buildings for the current season. I
hope we don't have to use 26, but we're going to plan for 26.
We're using rental resources. We're looking at rental equipment
companies to come in and help us provide redundant power at some of
these key shelter locations. As you know, Palmetto Ridge is our
special-needs shelter, and we want to continue to have a backup to the
backup at Palmetto Ridge, and we'll do that through rental.
Middle schools will most likely become our pet-friendly shelter.
Dr. Patton has spent time working with staff to do a little bit
pet-friendly shelter training that's been involved there, and she has
certainly opened the door. And we had a very successful pet-friendly
shelter operation there.
And we'll be working with the Sheriff and the fire districts to
de-conflict some of these buildings that we need for ancillary support,
whether it's for deputies, whether it's for county employees, families,
whether it's for fire districts that want to move a command post from
their station further inland. So we're going to re-roster, if you will,
ancillary support buildings.
Communications and customer relations; as you know, we had
millions of social media hits, and 35,000, I think, phone calls to the
hurricane hotline center that Ms. Price operates. We are going to work
hard to put some structure in that communication process so that we
get more information that can be in digestible bites so that the County
Manager can get that out and make sure that press releases and
briefings are relayed to you.
The communication plan with Everbridge; we now have onboard
our alert and warning coordinator who will be -- will be bringing the
Everbridge system, which is an automated alert notification system.
That will be a discussion for you-all in the future but will allow
May 8, 2018
Page 93
residents to opt in so that they can get emergency messages as well.
So we'll be bringing all of those activities to you. We're about 85
percent done with the Everbridge setup, so we'll be on schedule to have
that ready for the hurricane season.
Public information initiatives; we want to continue to make sure
that we use as much signage as possible. We always have a risk. It's
about getting those signs out pre-landfall, and will they be safe. Will
those signs -- can we protect those signs during landfall, and can we
redeploy and get them out as needed post-landfall event.
If you'll remember, a lot of discussion about not really -- folks not
really recognizing that it was county employees that were out there
making deliveries, and we're going to work to bring a county logo and
a safety vest to county employees. So not only for their safety and
working in the roadway, which is a DOT requirement, but also to make
sure that if a citizen sees someone in a blue vest, they know they can
ask for some help and some guidance.
The joint information center concept, we want to continue to
invite the Sheriff and the municipalities to join us in that joint
information, which is that one location for media information to be
processed and disseminated, making sure that we're putting out rumors
and conveying on behalf of the municipalities, the county, and the
Sheriff, the pertinent agencies, all the pertinent information, so
working that joint-information concept.
Yes, ma'am.
COMMISSIONER TAYLOR: How did it work with our cities in
this issue? I mean, certainly, Everglades City had enough to deal with.
But I'm thinking the City of Naples, because they had their own EOC,
and there was a distinct lack of information about exactly what was
going on in the county.
MR. SUMMERS: Well, I think a couple of things that we're
doing. We're going to -- a couple of approaches here. Number 1, we
May 8, 2018
Page 94
certainly want to, again, express our invitation to have the city have a
media representative or a public-information officer there.
The fire department was the primary liaison in the EOC, but they
obviously got overwhelmed by response and operations and logistics.
So we want to make sure that we, again, offer that invitation to the
city, making sure that there's seating for that city representative as
well. And the city is joining us, as you know, in our collaboration
software in the EOC, so I think we'll have a better -- not only a
mechanical process, a personnel process, a technological process.
So we welcome that, and we'll make sure that we're pumping
information to them and vice versa, that they're sharing information
with us.
COMMISSIONER TAYLOR: Okay. Thank you.
MR. SUMMERS: And we're open to any further suggestions
with the city or any process that they'd like to revisit; we're happy to
have that discussion with them.
COMMISSIONER TAYLOR: Have they offered -- asked you to
come to present to them of what could be rather than what was?
MR. SUMMERS: No, ma'am, but we continue to have -- we
have monthly training in the EOC where we invite internal and
external agencies. So we've not had that specific invite, but we're very
happy to accommodate that discussion.
And the Deputy County Manager and I presented on the
hurricane, and I believe you were there when we did a Leadership
Collier event as well. So we hit the highlights of some of that, but
we're certainly happy to reenergize that dialogue.
COMMISSIONER TAYLOR: Thank you.
MR. SUMMERS: Just a few more logistics. Again, I think we
did a very good job, but we worked awfully hard, and I'd like for us to
work a little bit smarter next time. As you know, we offloaded about
63 tractor-trailer loads of commodities.
May 8, 2018
Page 95
In my perspective, it was the best commodity delivery operation
I've ever had with the State of Florida. The goods and commodities we
requested were on time.
Again, we're going back and looking at some of these FEMA
contracts that we -- our GSA contracts, general services administration
contract, that we may not be able to use, and we might need to go in
and contract and have a contractor available that actually does some of
this logistical support. Might take a little bit of load off of the county
employees.
We are interviewing our volunteer and donations coordinator.
We had to post that three times, but we now have a very excellent
group of candidates; we're 75 percent through with that interview
process and very anxious to bring that individual on board. There's a
lot going on in long-term recovery right now. Broward County United
Way just won the long-term disaster case management contract, a
multi-million-dollar contract from FEMA. They're just getting started,
getting that organization set up. This individual worked very closely
with the long-term case management efforts of FEMA and the state to
continue to support our residents.
We're anxious to find an opportunity and a funding resource to
enclose the east bay of the EOC. That, logistically, worked out really
well. But until we can get some air-conditioning and get some
waterproofing done in there, we run the risk of being at the mercy of
Mother Nature as we store and distribute commodities there.
We are hopeful that the state does not do away with their logical
warehouse operation in Orlando. That's come under some scrutiny, and
we hope that FEMA and the state will continue to build that first push
of logistics for the state and Orlando.
All 63 of our tractor-trailer loads came from Orlando and right
out of the state's inventory. So that worked extremely well, and we
want that service to continue.
May 8, 2018
Page 96
Just a few more quickly. We're working really hard on this
critical care for these special needs clients, these that are functionally
challenged. We're going to have to go through some process and triage
who is best suited for the special needs shelter, who can we get some
space at in critical locations, maybe other hospitals or nursing homes
but, without a doubt, our aging population and our age population who
have some very critical needs, such as electrically dependent, those
numbers are only continuing to increase.
So we're finding -- we're talking to the Department of Health who
has the statutory responsibility for that care, but emergency
management is to support them logistically. We're looking at all types
of opportunities to find ways to beef up capacity.
We're also talking with the state because, frankly, some of those
support teams that should have come to Palmetto Ridge were late, and
we needed them much earlier. We needed a larger manpower force.
Same kind of situation. We were competing with 47 counties for
mutual assistance, and a lot of that mutual assistance was tied up in
Harvey as well, but we are working to better support that special-needs
effort. I could spend an entire day on that.
Finally, mutual aid for other things, and I kind of refer to this as
to the folks with shovels and dump trucks. But we have always been a
participant in the statewide mutual aid agreement resources. As I
mentioned, from 47 counties drawing on a national mutual aid network
after Harvey made these resources scarce. Our traffic ops folks are
looking at mutual aid partnerships with similar-size communities on
the east coast.
And one of the things I just -- I need to make sure that you
understand what this mutual aid is. Number one, it is, in some cases,
depending on the arrangement, it can be at no charge. I help you; you
help me. But that's okay after (sic) a couple of days. Much beyond a
few days, maybe a week or so, obviously these agencies incur costs.
May 8, 2018
Page 97
We would incur costs supporting someone; they would incur costs
supporting us.
But the other challenge in this mutual aid is housing. So one of
the things you have to be careful, you ask for these folks to come in
and work 12-, 14-, 16-hour days to help your community rebuild, but
there is a component there for housing, food, fuel, and that has to be
taken into account. And, again, if you get -- you start bringing in large
numbers of mutual aid; you've got to have a completely separate
overhead organization to support them.
So there's always a balancing act in what you request for mutual
aid and how can you care for those people if they're here working for
you for a very long period of time.
The Florida WARN, which is a Wastewater Agency Response
Network, is a separate mutual aid agreement engagement, and the chart
there kind of gives you a little bit of understanding of bridging the gap
in mutual aid.
And, finally, Collier County does participate in the Emergency
Management Assistance Compact. And, again, that is essentially
allowing us a contractual or a purchase order type arrangement with
other municipalities or other response agencies to come in and help us.
We'll do some more training on that Emergency Management
Assistance Compact business process.
Frankly, Florida should have engaged as a state in the EMAC
process a little bit stronger. The counties are not necessarily dependent
upon the state to engage the compact, but we certainly like working
through the state in that endeavor, and we'll make sure that our team
understands that mutual aid process.
Ms. Price would like to give you a little update on reimbursement,
and this is the last slide, and we will both be here for your questions.
Len?
MS. PRICE: Good afternoon, Len Price, for the record,
May 8, 2018
Page 98
Administrative Services administrator.
This process has been arduous, to say the least; however, I think
we've finally turned a point where we've got $12 million in requests to
the state right now that they're working on processing. I can't promise
you a date we're going to see those back, but I'm hoping that that's
going to help us set a standard for the rest. We're about to put in
another request for about $50 million that will cover the big expenses
that we had which was primarily debris removal.
At the same time we've got FEMA folks on the ground working
with our team to inspect everything that's been damaged -- there's
about 150 different places where damage occurred -- to go through and
do that. And then as they do that, then we can start the procurement
process and then ultimately the reimbursement process for that.
So we're looking at about $73 million in expenditures for debris,
including waterway debris, and for a total of about 139 million, of
which approximately 75 to 80 percent is what we expect to see back
from FEMA and through the state.
So like I say, we finally hit a turning point where I think we're
going to start to see a little more action, and myself and our Deputy
County Manager have really been pounding on them hard to get them
to shake that money tree loose.
COMMISSIONER TAYLOR: Thank you. Nothing to this point,
right? No money to this point, correct?
MR. OCHS: Correct.
MS. PRICE: Correct.
CHAIRMAN SOLIS: Any questions for staff?
COMMISSIONER FIALA: You know, I have a couple little
questions. What does a switch do if you don't have a generator?
MR. SUMMERS: That's a great comment.
MR. OCHS: Not enough.
MR. SUMMERS: Well said. You're exactly right. What the
May 8, 2018
Page 99
generator transfer switch allows is the isolation of power from the
portable generator to the commercial power. So it makes sure that
when you plug in a generator, you're not sending that power down the
street. You're only distributing that power to the building. And those
are very, very -- that's a very critical safety component.
If someone goes in and bypasses one of these switches or tries to
do their own home improvement unlicensed, unregistered electrician
work, amateur work, there is a serious risk that they can send power in
the reverse direction down range, energize a power line, energize a
transformer, and then if a responder or someone else thinks that that
power line is dead and that transfer switch is not appropriately
configured, there could very quickly be injury or death away from this
property as a result of the generator, what we call, back-feeding, going
in reverse, is a potential.
COMMISSIONER FIALA: And one more question. Are we
going to -- are we working with the mobile home parks to make sure
that they have a hardened facility, whether it's their clubhouse or
whatever, so that people right there can go to a place of safety?
MR. SUMMERS: I would say yes. And if Jamie is still here, I'd
like for him to talk a little bit about the code issue with you. One of
the better news items, and particularly with the newer mobile homes
that are being replaced, is that they meet a wind threshold requirement.
And then we have always had in our LDC a safe place as an option.
But one of the things that we always do in our evacuation notice
early on is make sure that mobile home residents realize that there's a
level of vulnerability, particularly in an older mobile home where they
need to seek shelter or evacuate earlier.
Jamie?
CHAIRMAN SOLIS: Can I ask a quick question? Because that
was my number-one question as well about the trailer park. But it
relates to the whole adding generators to the lift stations and things.
May 8, 2018
Page 100
Because I know Commissioner Taylor and I visited at least one or two,
and that was a major issue. But I'm wondering if you've given any
thought to how some of these trailer parks -- I mean, they don't seem to
have the funds to maybe provide a generator.
Have we given some thought on how we're going to help that
process along? Because, you know, the ones that -- at least that we
went to, you know, they didn't have money to do anything. And I don't
know -- I'm not suggesting that the county pay for it or anything, but I
think it's going to be a challenge to somehow really make it happen as
far as upgrades to some of these trailer parks.
MR. SUMMERS: It is a challenge. And I want to defer to the
experts. But one other comment I would say -- and this is one of the
things that we've tried to promote, and some folks are certainly
reluctant. But one of the things -- one of the options for a lot of these
smaller mobile home parks is to -- would have been to utilize an SBA
loan to try to at least get some of that construction or configuration
done as an option. But, yes, you're right; there are some limitations.
Jamie?
COMMISSIONER McDANIEL: Yeah. I just wanted to make a
comment with regard to the manufactured homes. And it's important,
regardless of the wind load that Dan spoke about, when an evacuation
order is issued, go. That's an important portion of this process. Our
systems are set up to be -- to have people go to shelters and/or evacuate
from the area and get out of harm's way.
A lot of folks don't, in fact, do that, which then, in turn,
exacerbate our systems -- the lift stations that we had. A lot of people
sheltered in-home during this process, in their own home during this
process, still had water, still were flushing their toilets and showering
and the like. And then -- and that caused us -- that caused a lot of -- a
lot of consternation as we're going through.
So it's just important that when the emergency services -- that's
May 8, 2018
Page 101
important for us to impress upon folks, when Emergency Services
issues the evacuation order, thou needs to go.
MR. FRENCH: Good afternoon, Commissioners. Jamie French,
for the record.
Just to touch a little bit on the manufactured homes or, as you
would know them, as mobile homes.
The Florida Building Codes still refers to them as a manufactured
home that is regulated by the Department of Transportation. What it
does do, though, because of our wind loads, it does require that they all
be a Class 3 in most of the county. Class 3 has got a rating of
somewhere between 135 and 145 miles an hour.
We would then regulate through the permit process how they're
strapped down, how they're connected to the ground either by pier or
by a foundation of sorts so that we make sure the proper elevation is
maintained.
And what we saw just through the initial damage assessment,
both drive-by as well as visually going by and visiting the homes,
those that weren't impacted by flooding -- that seemed to be the biggest
cause of many of the homes, the newer homes, that they were weren't
properly elevated or they weren't to the latest elevation required -- is
that those that were Class 3 did not suffer any damage. Maybe some
outside awning, things like that, but even the way they attach the
carports today is much different than what they may have done 20 or
30 years ago.
COMMISSIONER FIALA: We've got a lot of old, old, old ones
here. We don't have too many -- I don't even know of a new mobile
home park that has been built.
MR. FRENCH: So as many of those are coming back in, some of
the considerations that we are looking at through our LDC
amendments is, if that community is considering a clubhouse, we
would not consider it -- if it meets a threshold of, let's say, 3,000 or
May 8, 2018
Page 102
5,000 square feet, we're considering that as a place of refuge, not,
potentially, for where they would go and shelter but a place that would
allow them to have a point of distribution for water, commodities,
things of that nature, that they could partner with the county.
So as Dan said, the team and I have worked very close with the
development industry. It was a very lengthy meeting last week at
DSAC. And they were very involved, supportive, but, again, very
involved with our approach and how we're thinking. This is a much
different way than we've done business in the past, and we're thrilled
with the opportunity, and we think that we're going to be able to bring
back some very good results for your consideration.
CHAIRMAN SOLIS: Any other questions?
(No response.)
CHAIRMAN SOLIS: I had a couple of things I was going to
throw out there. And I know our court reporter's probably -- I think we
can finish up the agenda, but understanding we're hitting the
hour-and-a-half mark.
I drive by the FP&L covered parking solar power things at the
zoo or North Collier, and I know we have an agreement with -- is there
any potential for using those as charging stations, people for phones, or
whatever it is, during the storm, or after the storm, rather?
MR. SUMMERS: Well, we're looking at lots of creative options.
One of the things that we want to do at our shelters with the limited
power distribution that we have is -- and that was quite an issue in
terms of folks wanting to make sure that their cell phones remained
charged in all available outlets.
So one of the things that we're doing in our shelter kits is
reevaluating the additional capability to charge phones. We're also
telling people the next thing that you also need to bring with you is
your battery pack, your supplemental battery pack, because I think we
all lived on our phones during the storm. So we are looking to address
May 8, 2018
Page 103
that.
We are -- we have not found -- we see charging stations at
airports and things like that. We've not found anything yet that fits our
disaster budget, but we are looking at things like additional extension
cords and wiring strips to make available for phone charging.
MR. OCHS: And we will talk to FP&L about whether we can
pull some power off of those grids.
CHAIRMAN SOLIS: Maybe it's there. It's going to be
producing energy after the storm.
MR. SUMMERS: We expect to see -- and we've seen some
discussion that the newest post-disaster cottage industry will be
driveby charging sites. And so we know that AT&T has some that they
have actually taken to concerts and big venues and those types of
things but, again, this was just like that same scenario of wanting
mobile cellular towers on wheels. They were all locked down for
Harvey, and we just had a hard time breaking a lot of those resources
loose. But we know that we're going to see more in the private sector
in terms of some charging stations, goodwill type opportunities as
well.
CHAIRMAN SOLIS: Okay.
COMMISSIONER McDANIEL: I have one more point I'd just
like to make, and it's something that I think we need to say out loud.
As important as it is for our community when the emergency
services issues an evacuation notice, it's also as relevant and as
important to be prepared in advance. The lessons that were learned
from this storm are requisite for the preparedness that's necessary. Go
today and do your shopping. Have your supply in advance of when the
storm, in fact, shows up.
We watched with Irma as she was coming up through the slot.
Everybody thought it was going to hit the east coast, and we were all
praying for their safety, and look what it did. And when I lost cell
May 8, 2018
Page 104
service and power on the day of the storm, it was going up the west
coast, and I was praying for the people that were going to get whacked
in St. Pete and Tampa, and it went within half a mile of my home
when the eye went by.
So preparedness in advance is as much as anything; don't rely --
you know, Commissioner Taylor, you spoke about the folks in
Everglades City, and about a month after the storm, there was a lady
there who was 14 when Donna came through and Everglades City was,
in fact, the county seat. And I had the pleasure of asking her what kind
of assistance she got in 1960 when Donna came through, and there was
none other than a little Salvation Army -- Red Cross folks coming
along -- not Salvation Army, forgive me -- the Red Cross folks coming
through. They were on their own. And what a blessing that we have
today to have federal, state, and local support to offer with the recovery
process to be as quick as, in fact, it is.
But it is incumbent upon all of us ourselves to take care of
ourselves until the support that is available can get to us.
COMMISSIONER FIALA: You know, it's interesting you say,
because I write a column here and there. And at the beginning of June
every year I say, time to prepare for your hurricane, and I have a plan
that I always do right in the beginning. And my daughters have said to
me, oh, we don't need to do this. You're getting too anxious. But I do
it anyway. And it's really simple. But, you know, all you need to do,
you get plenty of water, you make sure you have fresh batteries, you
know, where your radio is going to be. Just the regular things that you
have to do.
I always fill -- if I'm going to go out of town or anything, I fill my
tank in the car with gasoline in case somebody else is staying at my
house. I have a five-gallon and two two-gallon tanks that I fill with
gasoline also, and we charge up my --
COMMISSIONER McDANIEL: Where do you keep those at?
May 8, 2018
Page 105
COMMISSIONER FIALA: -- generator. Huh?
COMMISSIONER McDANIEL: Where do you keep your gas
cans at?
COMMISSIONER FIALA: And we charge the generator. Every
couple months my sons come over and fix it up. You know, it doesn't
take any time, but then you're prepared.
COMMISSIONER McDANIEL: Right.
COMMISSIONER FIALA: Somebody yelled at me because they
said -- some guy wrote to me and said, you're trying to scare the
community. No. Just prepare. You can always use it afterwards.
COMMISSIONER TAYLOR: That was pre-Irma. I bet he
wouldn't say it now.
COMMISSIONER FIALA: No, I don't think so.
CHAIRMAN SOLIS: Thank you.
MR. SUMMERS: Thank you, sir. Thank you, all, and thanks to
the county staff for their hard work.
CHAIRMAN SOLIS: Job well done.
MR. SUMMERS: Thank you.
COMMISSIONER FIALA: Yes. We should all be thanking you
again, Dan. I know that everybody did, but it's good.
COMMISSIONER TAYLOR: Yes, thank you.
MR. SUMMERS: My pleasure. Thank you.
Item #11B
THE CREATION OF TWELVE (12) ADDITIONAL FULL-TIME
EQUIVALENT POSITIONS IN THE GROWTH MANAGEMENT
DEPARTMENT IN RESPONSE TO INCREASED CUSTOMER
DEMAND. THE PROPOSED POSITIONS WILL BE FUNDED
WITH CURRENT USER FEE RESERVES, REQUIRE NO
ADDITIONAL FEES, AND HAVE NO IMPACT ON THE
May 8, 2018
Page 106
GENERAL FUND – APPROVED
MR. OCHS: Commissioners, that takes us to Item 11B. This is a
recommendation to authorize the addition of 12 positions in our
Growth Management Department to meet increasing customer service
demand.
Mr. French will present.
COMMISSIONER TAYLOR: I'll make a motion to approve the
hiring of the expanded department requests in 2018 at Growth
Management.
COMMISSIONER SAUNDERS: Mr. Chairman, before you take
a vote on the motion, I do have a couple questions.
CHAIRMAN SOLIS: Sure.
COMMISSIONER FIALA: I'll second the motion just so we
have it.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER SAUNDERS: I had spoken with the County
Manager yesterday, and the question I had was, can we kind of divide
this up a little bit. Twelve additional positions, that's an awful lot of
positions for one particular department. I understand that the
department is busy. But the real estate market, development business
will fluctuate. And the question I had was, under our existing contracts
with private providers, can we simply use some private providers as
opposed to hiring 12 people because of the -- obviously the cost
associated with hiring 12 people but also the difficulty is in releasing
people from employment if there's a downturn.
And so I'd like to see us explore using at least a portion of this --
solve a portion of this using our provider -- private-provider contracts.
MR. FRENCH: Thank you, Commissioner. If I can address that.
Jamie French, for the record. We do have a private provider in
Nova Engineering. I know that Calvin, Giordano is another one here
May 8, 2018
Page 107
in town that did the Village of Estero, as well as a few others. They
were doing Everglades City.
I had an opportunity to meet with their lead project manager on
April 11th at the Florida Floodplain Management Association, and I
asked him why he didn't bid for Collier. And he says, if we can't take
it all, we don't want it.
Quite honestly, we've worked with Nova. Nova and these
providers don't typically have a base of employees that they could
provide us on an as-needed base. They ship those employees -- they
relocate them usually out of the Fort Lauderdale/Miami area or Tampa
area. They send them to us for about 10 day -- or, I'm sorry, they send
us to them (sic) for four 10-hour work days, which does not work with
our client.
Also, there's about a 230 percent differential in cost. So, in other
words, on our initial startup year, even with the purchase of vehicles
for these 12 employees, you have an average employee cost of about
$540,000, which is all 100 percent Enterprise Funded, and about
$300,000 for trucks. So that's a total cost of $840,000; whereas, if I
just use the minimum employee costs of $75 an hour at 2,080 hours
per year from a Nova employee, my costs would be somewhere around
$1.9 million. So I'm roughly around 230 percent, and then future
reoccurring years it steps up to about 347 percent different.
Now, again, this -- our fee base that we bring back to you that
we're able to be able to pass that savings on to the industry was most
recently, within the last year, about a $1.6 million decrease in fees that
they currently enjoy that they're able to pass on to their client.
What that would mean for us is that would completely change our
business model so that if our costs -- because we are Enterprise Funded
and we don't receive any General Fund contribution, we would only be
-- we'd only be forced to go back to that fee to give it consideration for
raising fees in the future.
May 8, 2018
Page 108
So, again, we do use a model that incorporates all of our partners
with regards to our private providers. Unfortunately, your
private-provider stock that they're taking from, they're my employees.
They try to hire from me, sir. They don't -- and they -- and I can tell
you probably more than 40 percent of our staff has been approached at
a higher dollar value to be able to go work for companies like Calvin,
Giordano as well as for Nova as -- and there's a handful of private
providers out there.
COMMISSIONER SAUNDERS: I'll support the motion, but
there are a lot of communities -- and you mention the Village of Estero
is just an example where they are saving a lot of money by using
contract services. And so I don't know that I necessarily buy the
argument that it's going to be 230 percent more.
I don't understand all the numbers that you just recited, but I do
know that there are savings associated with using private contracts, and
I just want to suggest to staff that as we go forward, perhaps you might
want to take advantage of those opportunities, if they exist, as opposed
to continuing to hire more people.
MR. FRENCH: So, Commissioner, I do have a meeting coming
up with the City of Naples, rather than where we went through our bid
process and we chose one vendor, they chose all five that bid. It didn't
provide them with cost savings but, to your point, what it did do is it
allowed them to have a deeper bench so when they did need this staff
-- and understand, we're very cautious. It's been two years since we've
been back before the Board of County Commissioners for an ask, and
if we didn't feel like this work wasn't (sic) there -- and if you look at
the -- and I hate to say it, but the average age of our inspector is
roughly around 58 years old. We're looking at attritting those staff
members probably within the next five to six years.
Our plan is not to refill if the market does not support that. And
we'll continue to monitor that. And if need be, we'll report that up to
May 8, 2018
Page 109
you through our Development Services Advisory Committee.
COMMISSIONER SAUNDERS: Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yeah. I support the motion,
and I also express and share Commissioner Saunders' concerns. And
we -- and, Jamie, you and I have talked about this as we've been going
through this. But I know the workload is enormous over there right
now. I've been hearing it from the folks that are out there trying to
conduct business and have inspectors and so on and so forth.
So I do, in fact, support the motion but also the concern that
Commissioner Saunders raised as well. It's not necessarily a matter of
if. It's when the next cycle, in fact, transpires, and are we, in advance,
ready for that, so...
MR. FRENCH: And to your point as well, Commissioner, we are
currently employing about 80 job bank employees. The problem with
the job bank models, we are not able to attract that licensed inspector
simply because we're competing against the private industry which is
paying anywhere between 15 to 20 percent more than what we would
pay at local government.
CHAIRMAN SOLIS: Thank you. There's a motion and a
second. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: Aye.
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
CHAIRMAN SOLIS: Motion carries. Thank you.
Item #11C
May 8, 2018
Page 110
RECOMMENDATION TO AWARD INVITATION TO BID #17-
7228 TO QUALITY ENTERPRISES USA, INC., FOR THE “PINE
RIDGE ROAD INTERSECTION IMPROVEMENTS AT LOGAN
BOULEVARD AND AIRPORT ROAD” PROJECT FOR
CONSTRUCTION OF INTERSECTION IMPROVEMENTS IN
THE AMOUNT OF $1,428,802.78 – APPROVED
MR. OCHS: Item 11C is a recommendation to award a contract
to Quality Enterprises USA, Incorporated, for the Pine Ridge Road
intersection improvements at Logan Boulevard and Airport Road in
the amount of $1,428,802.78.
Mr. Mark McCleary can make a presentation or respond to
questions from the Board or be happy to take your motion.
COMMISSIONER TAYLOR: Like to make a motion to
approve.
COMMISSIONER SAUNDERS: Second.
CHAIRMAN SOLIS: Motion and a second. Commissioner
Fiala's missing, but...
COMMISSIONER TAYLOR: We have a supermajority.
CHAIRMAN SOLIS: Yeah. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: (Absent.)
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
COMMISSIONER McDANIEL: It's a good report.
MR. McCLEARY: Thank you.
CHAIRMAN SOLIS: Well done.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER McDANIEL: We read the report, just so
May 8, 2018
Page 111
everybody knows.
MR. OCHS: Yes.
Item 11D
AWARD INVITATION TO BID NO. 18-7278 CCSO CID
BUILDING HVAC & ROOF REPLACEMENT, TO CEDARS
ELECTRO-MECHANICAL, INC., IN THE AMOUNT OF
$2,098,132, AND TO AUTHORIZE A BUDGET AMENDMENT
IN THE AMOUNT OF $517,757 FROM PROJECT NO. 52162 TO
SUPPLEMENT THE AWARD – APPROVED
MR. OCHS: Item 11D is a recommendation to award a contract
for the replacement of the HVAC and roof replacements at the
Sheriff's CID country building on Horseshoe Drive to Cedars
Electro-Mechanical, Incorporated, in the amount of $2,098,132, and
authorize a budget amendment in the amount of $517,757 to
supplement the award.
COMMISSIONER SAUNDERS: I'll make a motion to approve,
if there's no questions.
COMMISSIONER TAYLOR: Second.
CHAIRMAN SOLIS: Any questions? Discussion?
COMMISSIONER McDANIEL: No.
CHAIRMAN SOLIS: Motion and a second. All in favor?
COMMISSIONER McDANIEL: Aye.
COMMISSIONER FIALA: (Absent.)
CHAIRMAN SOLIS: Aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER SAUNDERS: Aye.
CHAIRMAN SOLIS: Any opposed?
(No response.)
May 8, 2018
Page 112
MR. OCHS: Thank you, Commissioners.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Sir, that takes us to Item 15, staff and general
communications.
Again, my only reminder on a communication is you have a
workshop on community mental health on June 5th at 9 a.m. in the
chambers.
That's all I have, sir.
CHAIRMAN SOLIS: Mr. County Attorney?
MR. KLATZKOW: Nothing, sir.
CHAIRMAN SOLIS: Madam Clerk?
MS. KINZEL: No. Thank you.
CHAIRMAN SOLIS: Commissioner McDaniel.
COMMISSIONER McDANIEL: Yes. I just have one comment,
and it has to do with the rather long discussion we had on my -- on my
resolution for support of off-road vehicles, or swamp buggies. Excuse
me. I don't want to say off-road vehicles. Swamp buggies.
COMMISSIONER TAYLOR: See. There you are.
COMMISSIONER McDANIEL: Yeah, there you go again.
The director over at the basin sent an email while she was
listening to the discourse, and there is definitions of -- by the state
already there are three -- and this is something -- and I'll disseminate
however is legally allowed, but there are three state forests currently
that allow for some form of off-road vehicle activity. Clear Creek off
road; Tate's, I'm going to call it, Tate's Hell Trails; and I can't
pronounce, Withlacoochee Trails.
There are three state forests that currently allow for outdoor
May 8, 2018
Page 113
activity, recreational vehicles, and the like. One is an actual
motorcross in the Croom up near Tampa.
And there is definitions with some of these things that are
discussed here; size, weight, and so on and so forth. I'm going to -- I'll
be happy to provide this information. It's just, necessarily, to quell
some of the concerns that were raised, just to let you know that this is
an activity that is being done in other parts of the state and other state
forests.
CHAIRMAN SOLIS: Great.
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER FIALA: I have --
CHAIRMAN SOLIS: Commissioner Fiala?
COMMISSIONER FIALA: Would you believe I have nothing to
say. I've said it all.
CHAIRMAN SOLIS: Commissioner Taylor?
COMMISSIONER TAYLOR: Yeah. Just a couple of things.
The -- my neighborhood is not a gated neighborhood, and this is
going to code enforcement. And I just wanted to put out what we do in
our neighborhood with code enforcement. And rather than neighbor
turning in neighbor, we tour with Code Enforcement maybe on a
monthly basis, maybe every other month, with -- you know, the
association does. We have a property owners association or a -- it's
really a neighborhood association.
And what it does is educate both ways, because sometimes there's
overzealous folks who like to point out every crack and crevasse, and
then the Code Enforcement comes and talks about it in -- on their side,
and it's been very effective. And it started in the city, but what's so
fascinating, it started under Kevin Rambosk, who was our city
manager at the time. And, you know, he's sort of the master of
community policing. And so I always have considered this community
code enforcement.
May 8, 2018
Page 114
So it may be something that we might want to adopt or encourage
Code Enforcement to go forward in.
CHAIRMAN SOLIS: Great idea.
COMMISSIONER TAYLOR: So that's the first, yeah.
COMMISSIONER McDANIEL: And this is an unrelated
subject, but I have a question for you.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER McDANIEL: And if I may regress a moment,
Mr. Chair. I forgot to mention -- I had it in my notes and forgot to
mention it. I wanted to compliment Commissioner Taylor on the
workshop that we had Tuesday. And I don't want to take away your
flame, but there was a gentleman there presenting. His first name was
Joe. Last name escapes me at the moment. And he mentioned
something about a deep dive into an analysis of our community and
potentially some recommendations.
And I was wondering if our colleagues would like to have staff at
least -- not necessarily run out and hire him but at least explore what
that definition is, what the expenses are associated, and whether or not
we would bring it back for future discussion.
COMMISSIONER TAYLOR: And this is exactly what I was
going to say.
COMMISSIONER McDANIEL: Oh, I'm sorry.
COMMISSIONER TAYLOR: I think it's very timely. I'm not
sure that it doesn't require an RFP. But I think to be able to ground
development into a tax base to bring it down to dollars and cents and
what makes sense for us as a community going forward would be
invaluable not only to us but to the developers because it broadens how
we look at things, and I think it's so very, very important.
COMMISSIONER McDANIEL: And just as a reminder, we do
have the CIGM that's coming forward. We did support that initiative
coming, and there is an economic component and a land-use modeling
May 8, 2018
Page 115
component in there that we can utilize. And I just would like to know
if maybe -- if you're of the mind, I wouldn't mind exploring -- having
our staff explore with them a little bit what that all entails.
COMMISSIONER TAYLOR: I would support that.
COMMISSIONER FIALA: I don't even know what you're
talking about.
COMMISSIONER McDANIEL: Do you remember the
workshop we had on Tuesday last week with the Blue Zone?
COMMISSIONER FIALA: Yeah.
COMMISSIONER McDANIEL: And the gentleman that was
going through the economic analysis with the 3D maps that were
showing tax values within municipalities?
COMMISSIONER FIALA: Yes.
COMMISSIONER McDANIEL: He came in -- he was hired by
those municipalities to do an analysis and then make recommendations
to those municipalities as to zoning changes, land-use changes that
they could effectuate to maximize long-term assessed valuations and
collection of ad valorem.
COMMISSIONER FIALA: Oh.
COMMISSIONER McDANIEL: And he has been hired by
several municipalities, and I was intrigued by that.
COMMISSIONER FIALA: Oh, okay. Thank you.
COMMISSIONER TAYLOR: Is there support to have staff look
into it a little deeper?
COMMISSIONER McDANIEL: There is with me.
COMMISSIONER SAUNDERS: I don't have any particular
problem with staff exploring what's involved in that, but I would be
very skeptical of bringing in a consultant to talk about those types of
tax issues. I don't necessarily see the overall benefit of that.
We know that bigger buildings and higher developments generate
more tax dollars. If you're going to have a city center, you're going to
May 8, 2018
Page 116
have more tax dollars there than you would in the outlying agricultural
areas.
So I don't have a problem with staff checking in and determining
what types of opportunities are there for us to consider, but I'll be very
skeptical about hiring a consultant to do those types of 3D evaluations.
COMMISSIONER McDANIEL: I think, just, it's worth looking
at for us to maybe incorporate into -- as an initiative, so...
COMMISSIONER TAYLOR: Well, as we're looking at the
Golden Gate Master Plan, as we're looking at the CRA Master Plan, as
we're looking at development --
COMMISSIONER McDANIEL: The Immokalee Master Plan.
COMMISSIONER TAYLOR: The Immokalee Master Plan.
COMMISSIONER FIALA: East Naples corridor.
COMMISSIONER McDANIEL: Yes.
CHAIRMAN SOLIS: And we may have some of that
information already compiled, I would think. He's not necessarily
reinventing the wheel or anything.
COMMISSIONER TAYLOR: That's right, but he's putting it
together. And one of the things was clear is bigger buildings do not
necessarily mean increased taxes.
COMMISSIONER SAUNDERS: What I was talking about is
higher-end development.
COMMISSIONER TAYLOR: Yeah. Higher.
COMMISSIONER SAUNDERS: You know, obviously, you
know, he had the per-acre tax revenue for a big box store. All of that
made sense, but I'm not so sure how beneficial that type of information
really is. And so, again, have staff look at it, but I'll be very skeptical,
again, about spending a lot of money to have the nice 3D images
produced for us, but --
COMMISSIONER McDANIEL: It's an exploration. We're not
going to run out and hire him this minute.
May 8, 2018
Page 117
COMMISSIONER TAYLOR: One step at a time.
COMMISSIONER McDANIEL: Exactly.
COMMISSIONER TAYLOR: Okay. That's it. Thank you.
CHAIRMAN SOLIS: That's it.
COMMISSIONER TAYLOR: Yep.
COMMISSIONER SAUNDERS: I don't have anything.
CHAIRMAN SOLIS: Nothing from me either. Our court
reporter is breathing a sigh of relief at 12:41.
Anything else, Mr. Manager?
MR. OCHS: No, sir.
CHAIRMAN SOLIS: We're adjourned. Thanks.
*****
**** Commissioner Fiala moved, seconded by Commissioner
McDaniel and carried that the following items under the Consent and
Summary Agendas be approved and/or adopted ****
Item #16A1
A PUBLIC-PRIVATE PARTNERSHIP BETWEEN COLLIER
COUNTY AND OAKES FARMS, INC., SUPPORTING
ECONOMIC DEVELOPMENT THROUGH A JOINT USE
PARKING FACILITY LEASE ON A VACANT COUNTY-
OWNED PROPERTY LOCATED ON THE NORTHWEST
CORNER OF IMMOKALEE AND LIVINGSTON ROADS FOR
EMPLOYEE PARKING FOR THE SEED TO TABLE MARKET
Item #16A2
CHANGE ORDER NO. 1 TO CONTRACT NO. 14CO1 WITH THE
May 8, 2018
Page 118
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION BUREAU OF BEACHES AND COASTAL
SYSTEMS BEACH MANAGEMENT FUNDING ASSISTANCE
PROGRAM FOR COLLIER COUNTY BEACH NOURISHMENT,
ALLOWING THE COUNTY TO RECEIVE FULL
REIMBURSEMENT FOR ELIGIBLE COSTS AND MAKE A
FINDING THAT THIS ITEM PROMOTES TOURISM
Item #16A3
RATIFYING CHANGE ORDER NO. 1 TO PURCHASE ORDER
#45-185929 WITH FERREIRA CONSTRUCTION CO. INC. IN
THE AMOUNT OF $92,578.50 FOR INDEPENDENT THIRD-
PARTY TURBIDITY MONITORING SERVICES AND MAKE AN
AFTER-THE-FACT FINDING THAT THIS ITEM PROMOTES
TOURISM (PROJECT NOS. 80288 AND 90549)
Item #16A4 (Commissioner Solis abstained from voting)
A PURCHASE AGREEMENT FOR THE PURCHASE OF A FEE
SIMPLE PARCEL (PARCEL 104FEE) AND A TEMPORARY
CONSTRUCTION EASEMENT (PARCEL 104TCE) NECESSARY
FOR THE CONSTRUCTION OF ROADWAY AND RELATED
IMPROVEMENTS REQUIRED AT THE INTERSECTION OF
AIRPORT- PULLING ROAD AND DAVIS BOULEVARD,
PROJECT NO. 60148 (FISCAL IMPACT: APPROXIMATELY
$182,650) - FOR A PORTION OF FOLIO #61843680008
Item #16A5 (Commissioner Solis abstained from voting)
FINAL ACCEPTANCE OF THE POTABLE WATER AND
May 8, 2018
Page 119
SEWER UTILITY FACILITIES FOR WATERSIDE SHOPS –
TRUE FOOD KITCHEN, PL20160003486, AND TO AUTHORIZE
THE COUNTY MANAGER, OR HIS DESIGNEE, TO RELEASE
THE UTILITIES PERFORMANCE SECURITY (UPS) AND
FINAL OBLIGATION BOND IN THE TOTAL AMOUNT OF
$5,670.92 TO THE PROJECT ENGINEER OR THE
DEVELOPER’S DESIGNATED AGENT - FINAL INSPECTION
WAS CONDUCTED BY STAFF IN COORDINATION WITH
PUBLIC UTILITIES ON MARCH 15, 2018 FOUND THE
FACILITIES SATISFACTORY AND ACCEPTABLE
Item #16A6
FINAL ACCEPTANCE OF THE SEWER FACILITIES FOR
ORCHID RUN, PHASE 1, PL20150001955, ACCEPT
UNCONDITIONAL CONVEYANCE OF A PORTION OF THE
SEWER FACILITIES, AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $24,039.87 TO THE
PROJECT ENGINEER OR DEVELOPER’S DESIGNATED
AGENT - FINAL INSPECTION WAS CONDUCTED BY STAFF
IN COORDINATION WITH PUBLIC UTILITIES ON FEBRUARY
9, 2018 FOUND THE FACILITIES SATISFACTORY AND
ACCEPTABLE
Item #16A7 (Commissioner Solis abstained from voting)
FINAL ACCEPTANCE OF THE POTABLE WATER AND
SEWER FACILITIES FOR LIVINGSTON LAKES,
PL20150000325, ACCEPT UNCONDITIONAL CONVEYANCE
May 8, 2018
Page 120
OF A PORTION OF THE POTABLE WATER AND SEWER
FACILITIES, AND TO AUTHORIZE THE COUNTY MANAGER,
OR HIS DESIGNEE, TO RELEASE THE UTILITIES
PERFORMANCE SECURITY (UPS) AND FINAL OBLIGATION
BOND IN THE TOTAL AMOUNT OF $92,031.80 TO THE
PROJECT ENGINEER OR THE DEVELOPER’S DESIGNATED
AGENT - A FINAL INSPECTION WAS CONDUCTED BY
STAFF IN COORDINATION WITH PUBLIC UTILITIES ON
APRIL 5, 2017, AND RE-INSPECTED ON MARCH 30, 2018
POST HURRICANE IRMA AND FOUND THE FACILITIES
SATISFACTORY AND ACCEPTABLE
Item #16A8
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE POTABLE WATER UTILITY FACILITIES FOR
DEEPHAVEN AT QUAIL WEST, PHASE III, UNIT 7,
PL20130001754 AND TO AUTHORIZE THE COUNTY
MANAGER, OR HIS DESIGNEE, TO RELEASE THE FINAL
OBLIGATION BOND IN THE TOTAL AMOUNT OF $4,000 TO
THE PROJECT ENGINEER OR THE DEVELOPER’S
DESIGNATED AGENT - A FINAL INSPECTION WAS
CONDUCTED BY STAFF IN COORDINATION WITH PUBLIC
UTILITIES ON JUNE 6, 2016, AND RE-INSPECTED ON APRIL
3, 2018 POST HURRICANE IRMA AND FOUND THE
FACILITIES SATISFACTORY AND ACCEPTABLE
Item #16A9
RESOLUTION 2018-83: FINAL ACCEPTANCE OF THE
PRIVATE ROADWAY AND DRAINAGE IMPROVEMENTS FOR
May 8, 2018
Page 121
THE FINAL PLAT OF LAKOYA – PHASE II, APPLICATION
NUMBER PL20130001254 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED, ACCEPTANCE OF THE PLAT DEDICATIONS,
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY
Item #16A10
RECORDING THE MINOR FINAL PLAT OF TRACT 88,
GOLDEN GATE ESTATES, UNIT NO. 61 REPLAT,
APPLICATION NUMBER PL20170004263
Item #16A11
RECORDING THE FINAL PLAT OF ADDISON PLACE,
(APPLICATION NUMBER PL20170004121) APPROVAL OF THE
STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE
PERFORMANCE SECURITY - W/STIPULATIONS
Item #16A12
RECORDING THE MINOR FINAL PLAT OF SPANISH OAKS
PHASE TWO, APPLICATION NUMBER PL20180000292
Item #16A13
UTILITY FACILITIES QUIT-CLAIM DEED AND BILL OF SALE
BETWEEN COLLIER COUNTY AND RACETRAC
PETROLEUM, INC., IN ORDER TO RECONVEY TO
May 8, 2018
Page 122
RACETRACT PETROLEUM INC., ANY INTEREST THE
COUNTY MAY HAVE IN CERTAIN SEWER UTILITY
FACILITIES ASSOCIATED WITH THE RACETRAC AT PINE
RIDGE DEVELOPMENT, SDP 98-28 - CORRECTING AN
ERRONEOUS CONVEYANCE OF THE SANITARY SEWER
UTILITY FACILITIES
Item #16A14
AWARD AGREEMENT #16-6700 FOR "PROFESSIONAL
DESIGN AND RELATED SERVICES FOR STAN GOBER
MEMORIAL BRIDGE REPAIR/REHABILITATION PROJECT
(BRIDGE NUMBER 030184)" TO CARDNO INC. IN THE
AMOUNT OF $271,565.59 (PROJECT NO. 66066)
Item #16A15
RECORDING THE MINOR FINAL PLAT OF INLAND VILLAGE,
APPLICATION NUMBER PL20170003955
Item #16A16
APPROVE THE RELEASE OF A CODE ENFORCEMENT LIEN
WITH AN ACCRUED VALUE OF $136,489.12 FOR PAYMENT
OF $2,289.12 IN THE CODE ENFORCEMENT ACTIONS
ENTITLED BOARD OF COUNTY COMMISSIONERS V.
MICHAEL J. MICELLI, TRS. CODE ENFORCEMENT BOARD
CASE NO. 2005010143 RELATING TO PROPERTY LOCATED
AT 4600/4630 GULFSTREAM DRIVE, COLLIER COUNTY,
FLORIDA - FOR CODE VIOLATIONS CONSISTING OF AN
INTERIOR WALL INSTALLED WITHOUT A PERMIT
May 8, 2018
Page 123
BROUGHT INTO COMPLIANCE MARCH 13, 2009
Item #16A17
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH A
VALUE OF $83,212.20 FOR PAYMENT OF $750 IN THE CODE
ENFORCEMENT ACTIONS ENTITLED BOARD OF COUNTY
COMMISSIONERS V. CONEXAR GROUP, LLC, CODE
ENFORCEMENT BOARD CASE NO. CELU20110015511
RELATING TO PROPERTY LOCATED AT 5148 24TH AVE SW,
COLLIER COUNTY, FLORIDA - FOR A CODE VIOLATION
THAT CONSISTED OF DUMPING FILL/DIRT ON A VACANT
LOT THAT WAS BROUGHT INTO COMPLIANCE ON AUGUST
15, 2014
Item #16A18
CONTRACT NO. 17-7188 TO PROVIDE FIXED TERM
PROFESSIONAL ENGINEERING SERVICES FOR NEARSHORE
HARDBOTTOM MONITORING OF COLLIER COUNTY’S
COAST BY CSA OCEAN SCIENCES, INC., AND AUTHORIZE
THE CHAIRMAN TO EXECUTE WORK ORDER WITH CSA
OCEAN SCIENCES, INC. FOR TIME AND MATERIAL NOT TO
EXCEED $168,405.71, AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM - FIELD WORK TO BE
COMPLETED BY SEPTEMBER 30, 2018
Item #16C1
FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION’S OFFER TO PAY FOR AND HAVE THEIR
May 8, 2018
Page 124
APPOINTED CONTRACTOR INVESTIGATE A HISTORIC FUEL
DISCHARGE AT THE OLD FUEL ISLAND SITE AT THE
GOVERNMENT COMPLEX - PARCEL ID #00389600008
Item #16D1
AN AMENDMENT TO A BUS AND BUS FACILITIES JOINT
PARTICIPATION AGREEMENT (JPA) BETWEEN COLLIER
COUNTY AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) TO RECOGNIZE THE USE OF
$50,600 TOLL REVENUE CREDITS AS THE SOURCE OF
MATCHING FUNDS FOR THIS AWARD
Item #16D2
THE SELECTION COMMITTEE’S RANKING AND AUTHORIZE
ENTERING INTO NEGOTIATIONS WITH Q. GRADY MINOR &
ASSOCIATES, P.A., FOR A CONTRACT RELATED TO
REQUEST FOR PROFESSIONAL SERVICES (RPS) NUMBER
18-7279 “BIG CORKSCREW ISLAND REGIONAL PARK PHASE
II DESIGN.”
Item #16D3
A BUDGET AMENDMENT IN THE AMOUNT OF $66,177,
TRANSFERRING FUNDS FROM PROJECT #80360,
COMMUNITY PARK ASSESSMENT (306) TO PROJECT #80381
COMMUNITY PARK - ARTIFICIAL TURF (306), ENABLING
THE DIVISION TO CAPTURE ALL THE EXPENSES FOR
DESIGN AND CONSTRUCTION OF THE FIELD UNDER ONE
PROJECT NUMBER
May 8, 2018
Page 125
Item #16D4
RESOLUTION 2018-84: REPEALING ALL PREVIOUS
RESOLUTIONS ESTABLISHING THE COLLIER COUNTY
PARKS AND RECREATION POLICY AND PROCEDURES TO
AUTHORIZE THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES IN COLLIER COUNTY PARKS
WITH A VALID PERMIT ISSUED BY THE PARKS AND
RECREATION DIVISION
Item #16D5
AUTHORIZING THE ROTARY CLUB OF NAPLES-COLLIER,
INC. TO USE THE FRED W. COYLE FREEDOM PARK FOR ITS
HONOR FLAG FUNDRAISER FOR 2018. THIS PROJECT
SUPPORTS THE VARIOUS CHARITIES OF THE ROTARY
CLUB INCLUDING THE FREEDOM MEMORIAL - BEGINNING
MAY 26, 2018, THE FLAGS WILL REMAIN UNTIL THE FLAG
RETIREMENT CEREMONY THAT WILL BE HELD ON JUNE
14, 2018
Item #16D6
A MEMORANDUM OF UNDERSTANDING WITH THE
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT
BOARD WHICH WILL ALLOW UP TO 130 CHILDREN IN
IMMOKALEE TO RECEIVE RECREATIONAL
OPPORTUNITIES DURING THE SUMMER
Item #16D7
May 8, 2018
Page 126
SIX (6) MORTGAGE SATISFACTIONS FOR THE STATE
HOUSING INITIATIVES PARTNERSHIP (SHIP) LOAN
PROGRAM IN THE COMBINED AMOUNT OF $17,500 - FOR
THE FOLLOWING FOLIO’S: #62205520006, #77212520000,
#63502920007, #40236560002 AND #36313320001 (2)
Item #16D8
SIGN TWO (2) STATE HOUSING INITIATIVE PARTNERSHIP
(SHIP) SUB-RECIPIENT AGREEMENTS WITH LEECORP
HOMES INC. AND PRESTIGE HOME CENTERS, INC. IN THE
AMOUNT OF $760,000 EACH FOR THE ADMINISTRATION OF
THE DEMOLITION AND/OR REPLACEMENT OF
MANUFACTURED HOUSING
Item #16D9
AUTHORIZING PAYMENT OF AN OUTSTANDING INVOICE
FROM CENTURYTEL SERVICE GROUP (DBA
CENTURYLINK) IN THE AMOUNT OF $80,738.08 FOR WORK
PERFORMED BY CENTURYLINK UNDER THE PUBLIC
SERVICE COMMISSION (PSC) TARIFF TO BURY
COMMUNICATION UTILITIES FOR THE VANDERBILT
BEACH MUNICIPAL SERVICE TAXING UNIT (MSTU)
UTILITY CONVERSION PROJECT PHASES II AND III - FOR
THE UNDERGROUND CONVERSION OF UTILITY LINES
Item #16D10
TWO (2) STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
May 8, 2018
Page 127
PROGRAM IMPACT FEE RELEASES OF LIEN IN THE
AMOUNT OF $15,051.80 FOR THE ASSOCIATED OWNER-
OCCUPIED AFFORDABLE HOUSING DWELLING UNIT
WHERE THE OBLIGATION HAS BEEN REPAID IN FULL -
LOCATED AT 12115 AMERICUS LN, NAPLES AND 1305 PLUM
STREET, IMMOKALEE
Item #16D11
BUDGET AMENDMENTS TOTALING $233,000
TRANSFERRING FUNDS FROM EXISTING
UNINCORPORATED AREA GENERAL FUND (111) BUDGETS
TO EXPEDITE REPAIRS TO THE KIDDY POOL FEATURE AT
THE GOLDEN GATE AQUATIC CENTER
Item #16E1
A BUDGET AMENDMENT TO FUND 516, PROPERTY AND
CASUALTY INSURANCE, TO PAY CLAIMS ASSOCIATED
WITH HURRICANE IRMA - RECOGNIZING $3,000,000 IN
REINSURANCE RECOVERIES RECEIVED
Item #16E2
A SCRIVENER’S ERROR IN THE BID AWARD ON ITB #17-
7096 “SOUTH COUNTY WATER RECLAMATION FACILITY
CONTROL ROOM RENOVATION,” PROJECT NUMBER
70119.2, TO ONE SOURCE CONSTRUCTION COMPANY &
BUILDERS, INC. ON JUNE 13, 2017 FROM $197,675 TO
$212,675
May 8, 2018
Page 128
Item #16E3
EXTENDING SOLICITATION #13-6149, PRINTING AND
COPYING SERVICES, WITH THE ORIGINAL BOARD OF
COUNTY COMMISSIONERS-APPROVED AWARDEES FOR UP
TO 180 DAYS OR UNTIL A NEW CONTRACT IS AWARDED,
WHICHEVER IS SOONEST, WHILE PUBLIC REQUEST FOR
BIDS ARE SOLICITED - EXTENDING THE SERVICES
THROUGH NOVEMBER 22, 2018
Item #16E4
ADMINISTRATIVE REPORTS PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR CHANGE ORDERS
AND OTHER CONTRACTUAL MODIFICATIONS REQUIRING
BOARD APPROVAL
Item #16E5
ADMINISTRATIVE REPORT PREPARED BY THE
PROCUREMENT SERVICES DIVISION FOR DISPOSAL OF
PROPERTY AND NOTIFICATION OF REVENUE
DISBURSEMENT
Item #16F1
APPROVAL OF TOURIST DEVELOPMENT TAX PROMOTION
FUNDING TO SUPPORT THE UPCOMING JUNE 2018 SPORTS
EVENT UP TO $12,700 AND MAKE A FINDING THAT THIS
EXPENDITURE PROMOTES TOURISM - THE USSSA
FASTPITCH A/B/C HELD ON JUNE 29 THROUGH JULY 1, 2018
May 8, 2018
Page 129
AT THE GOLDEN GATE SOFTBALL COMPLEX AND THE
VETERAN’S PARK SOFTBALL FIELDS WILL BE CO-HOSTED
BY COLLIER AND LEE COUNTIES
Item #16F2
A TOURIST DEVELOPMENT TAX PROMOTION
SPONSORSHIP OF A ROOKERY BAY NATIONAL ESTUARINE
RESEARCH RESERVE (RBNERR) DOCUMENTARY
PRODUCED BY LIVE OAK PRODUCTIONS FOR $25,000, AND
MAKE A FINDING THAT THIS PROJECT PROMOTES
TOURISM - FOR A ONE-HOUR DOCUMENTARY ON ITS’
UNIQUE ECO-SYSTEM
Item #16F3
RATIFYING THE COUNTY MANAGER’S AWARD OF
SOLICITATION NO. 18-7359 CLAM PASS DREDGING
PROJECT TO CAVACHE, INC., USING TOURIST
DEVELOPMENT TAX FUNDS IN THE AMOUNT OF
$263,774.50, BASED ON BOARD DIRECTION ON MARCH 27,
2018, AND MAKE A FINDING THAT THIS EXPENDITURE
PROMOTES TOURISM
Item #16F4
RESOLUTION 2018-85: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2017-18 ADOPTED
BUDGET
May 8, 2018
Page 130
Item #16F5 (Commissioner Solis abstained from voting)
A RELEASE OF LIEN FOR THE JOB CREATION INVESTMENT
PROGRAM AND BROADBAND INFRASTRUCTURE
INVESTMENT AGREEMENTS WITH ANCHOR HEALTH
CENTERS P.A. AND NAPLES INVESTMENT GROUP LLC
Item #16F6
FIRST AMENDMENT TO AGREEMENT BETWEEN
ECONOMIC INCUBATORS, INC. AND THE BOARD OF
COUNTY COMMISSIONERS FOR FY 2018, RECOGNIZING A
POSITION TITLE CHANGE FOR AN EMPLOYEE AT THE
FLORIDA CULINARY ACCELERATOR @ IMMOKALEE IN
CONTINUED SUPPORT OF THE ESTABLISHED PUBLIC-
PRIVATE PARTNERSHIP DESIGNED TO ADVANCE THE
COUNTY’S ECONOMIC DEVELOPMENT EFFORTS
Item #16H1
PROCLAMATION RECOGNIZING THE EXTRAORDINARY
HUMANITARIAN EFFORTS OF THE TZU CHI FOUNDATION
UNDER THE LEADERSHIP OF DIRECTOR GENERAL PHILIP
T.Y. WANG FOR THE FOUNDATION'S EMPATHETIC
RESPONSE TO THE NEEDS OF COLLIER COUNTY IN THE
AFTERMATH OF HURRICANE IRMA. THIS PROCLAMATION
WILL BE HAND DELIVERED BY COMMISSIONER PENNY
TAYLOR – ADOPTED
Item #16J1
May 8, 2018
Page 131
QUARTERLY INVESTMENT REPORT TO THE BOARD
REGARDING THE INVESTMENT OF COUNTY FUNDS AS OF
THE QUARTER ENDED MARCH 31, 2018
Item #16J2
A BUDGET AMENDMENT RECOGNIZING $1,826,000 IN
REVENUES AND EXPENDITURES IN THE SHERIFF'S FY2018
GENERAL FUND
Item #16J3
THE BOARD TO APPROVE AND DETERMINE VALID PUBLIC
PURPOSE FOR INVOICES PAYABLE AND PURCHASING
CARD TRANSACTIONS AS OF MAY 2, 2018
Item #16J4
RECORD IN THE MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS, THE CHECK NUMBER (OR OTHER
PAYMENT METHOD), AMOUNT, PAYEE, AND PURPOSE FOR
WHICH THE REFERENCED DISBURSEMENTS WERE DRAWN
FOR THE PERIODS BETWEEN APRIL 12 AND APRIL 25, 2018
PURSUANT TO FLORIDA STATUTE 136.06
Item #16K1
AWARD CONTRACT #18-7343-WV “COURT REPORTING
SERVICES” TO U.S. LEGAL SUPPORT, INC., AND TO ACCEPT
THE EXEMPTION OF COMPETITION - FOR A THREE YEAR
TERM UPON APPROVAL OF THE BOARD
May 8, 2018
Page 132
Item #16K2
RESOLUTION 2018-86: REAPPOINTING SHERWIN H. RITTER
WITH HIS TERM TO EXPIRE ON MAY 21, 2022 TO THE
WATER AND WASTEWATER AUTHORITY
Item #16K3
AN OFFER OF JUDGMENT TO RESPONDENT, EDI CARRILLO
SOMOZA, IN THE AMOUNT OF $35,001, PLUS $6,441.93 IN
STATUTORY ATTORNEY FEES, AS FULL COMPENSATION
FOR THE ACQUISITION OF PARCEL 449RDUE, IN THE
PENDING LAWSUIT STYLED COLLIER COUNTY V. DAVID
MARTINEZ, ET AL., CASE NO. 17-CA-1454, REQUIRED FOR
THE GOLDEN GATE BLVD. E. EXPANSION PROJECT NO.
60145, EAST OF EVERGLADES BLVD. TO FAKA UNION
CANAL. (FISCAL IMPACT: $25,962.93, INCLUDING
ATTORNEY FEES CALCULATED ACCORDING TO THE
STATUTORY BENEFIT FORMULA IF THE OFFER IS
ACCEPTED)
Item #16K4
AN OFFER OF JUDGMENT TO RESPONDENT, MANUEL A.
FERNANDEZ-PENA, IN THE AMOUNT OF $35,001, PLUS
$6,468.33 IN STATUTORY ATTORNEY FEES, AS FULL
COMPENSATION FOR THE ACQUISITION OF PARCEL
414RDUE, IN THE PENDING LAWSUIT STYLED COLLIER
COUNTY V. LOURDES PEREZ BELLO, ET AL., CASE NO. 17-
CA-1390, REQUIRED FOR THE GOLDEN GATE BLVD. E.
May 8, 2018
Page 133
EXPANSION PROJECT NO. 60145, EAST OF EVERGLADES
BLVD. TO FAKA UNION CANAL. (FISCAL IMPACT:
$26,069.33, INCLUDING ATTORNEY FEES CALCULATED
ACCORDING TO THE STATUTORY BENEFIT FORMULA IF
THE OFFER IS ACCEPTED)
Item #16K5
COUNTY ATTORNEY TO ADVERTISE AND BRING BACK
FOR A PUBLIC HEARING AN ORDINANCE AMENDING
ORDINANCE NO. 97-8, AS AMENDED, THE COLLIER
COUNTY FALSE ALARM ORDINANCE, TO CLARIFY THE
REQUIREMENTS FOR THE REGISTRATION AND RE-
REGISTRATION OF ALARM SYSTEMS AND THE
RESPONSIBILITY FOR LATE FEES
Item #17A
ORDINANCE 2018-22: EXPANDS THE POWERS OF THE
SPECIAL MAGISTRATE, AND ELIMINATES THE SPECIAL
MAGISTRATE REVIEW BOARD – ADOPTED W/CHANGE TO
KEEP THE REVIEW BOARD
*****
May 8, 2018
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 12:41 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECI •. STRI .: NDER ITS CONTROL
A D Y SOLIS, CHAIRMAN
ATTEST
DWIGHT E BROCK, CLERK
•
.
euut ,f,/palso
` ttes s
$ignatweoniy.-;.
These minutes approved by the Board on cjUiNt aotg
as presented ✓ or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, COURT REPORTER AND
NOTARY PUBLIC.
Page 134
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 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY gCOUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED Collier County
MY POSITION IS:
May 8, 2018 d ELECTIVE O APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on May 8 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,
inured to the special gain or loss of my relative, __
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On May 8, 2018, the Board of County Commissioners will consider Agenda Item 16-A-4, a recommendation to
approve a Purchase Agreement and a Temporary Construction Easement necessary for the construction of
roadway and related improvements required at the intersection of Airport-Pulling Road and Davis Boulevard.
(Fiscal Impact:Approximately$182,650)
The owner of the subject property, The Salvation Army, is a client of my law firm, and in the 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.
May 8, 2018A Ail4
Date Filed Signatu
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY tif COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED Collier County
May8, 2018 MY POSITION IS:
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).
x
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 88-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on May 8 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, ;
inured to the special gain or loss of my relative,
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On May 8, 2018, the Board of County Commissioners will consider Agenda Item 16-A-5, a recommendation to
approve final acceptance of the potable water and sewer utility facilities for Waterside Shops-True Food
Kitchen, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS)
and Final Obligation Bond in the total amount of$5,670.92.
The owner of the subject property, Waterside Shops at Pelican Bay, LLC, is a client of my law firm, and in the
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.
f(
May 8, 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.
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 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY 0 CITY I:ff COUNTY 0 OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED CollierCounty
ST
MY P
May 8, 2018 MY POSITION IS: 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(CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF.11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(t),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on May 8 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, •
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On May 8, 2018, the Board of County Commissioners will consider Agenda Item 16-A-7, a recommendation to
approve final acceptance of the potable water and sewer facilities for Livingston Lakes, accept unconditional
conveyance of a portion of the potable water and sewer facilities, and authorize the County Manager, or his
designee, to release the Utilities Performance Security(UPS)and Final Obligation Bond in the total amount of
$92,031.80.
The owner of the subject property, WCI Communities, Inc., is a client of my law firm, and in the 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.
May 8, 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 8B-EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE
Solis,Andrew I. Collier County Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON
3299 East Tamiami Trail, Suite 300 WHICH I SERVE ISA UNIT OF:
CITY COUNTY ❑CITY df COUNTY ❑OTHER LOCAL AGENCY
Naples Collier NAME OF POLITICAL SUBDIVISION:
Collier County
DATE ON WHICH VOTE OCCURRED
May 8, 2018 MY POSITION IS: d ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAS) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B-EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
•
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Andrew I. Solis , hereby disclose that on May 8 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, ;
inured to the special gain or loss of my relative, ;
inured to the special gain or loss of a client of my law firm by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
On May 8, 2018, the Board of County Commissioners will consider Agenda Item 16-F-5, a recommendation to
approve a Release of Lien for the Job Creation Investment Program and Broadband Infrastructure Investment
Agreements with Anchor Health Centers P.A. and Naples Investment Group LLC.
Naples Investment Group LLC, is a client of my law firm, and in the 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 .overning attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing t• nature oaf t.- interest in such a way
as to provide the public with notice of the conflict.
May 8, 2018 g&_
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f),F.A.C.