03/10/2015 (CR) COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB) Time Certain
Airport Authority
Item 11E: 10 a.m.
`01 I I� Items 11F to follow
11E
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East,3rd Floor
Naples FL 34112
March 10,2015
9:00 AM
Commissioner Tim Nance,District 5 -BCC Chair
Commissioner Donna Fiala,District 1-BCC Vice Chair; CRA Chair
Commissioner Georgia Hiller,District 2 -Community&Economic Development Chair
Commissioner Tom Henning,District 3 -PSCC Chair
Commissioner Penny Taylor,District 4-TDC Chair; CRA Vice Chair
NOTICE:All persons wishing to speak on Agenda items must register prior to presentation of
the Agenda item to be addressed.All registered speakers will receive up to three (3) minutes
unless the time is adjusted by the chairman.
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.
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 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.
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 Department 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 Department.
Lunch Recess scheduled for 12:00 Noon to 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
1.A. Pastor Michael Bannon - Crossroads Community Church of Naples Pg. 1
2. AGENDA AND MINUTES
2.A. Approval of today's regular,consent and summary agenda as amended
(Ex Parte Disclosure provided by Commission members for consent
agenda.)
2.B. February 10, 2015 - BCC/Regular Meeting
3. SERVICE AWARDS
4. PROCLAMATIONS
4.A. Proclamation designating March 21, 2015 as Save the Florida Panther Pg. 2
Day.To be accepted by Tom Trotta, President, Friends of Florida
Panther Refuge.
4.B. Proclamation designating March 15-22, 2015 as Sunshine Week in Pg. 4
Collier County.To be accepted by Robert St. Cyr, Director of
Community Outreach, Clerk of Courts, Collier County.
4.C. Proclamation designating March 12-22 as the 39th Annual Collier Pg. 6
County Fair and 4-H Show&Auction Days. To be accepted by Pat
Cookson, Lou Hoegsted,Shannon Hubbel,and Nico Vitale.
4.D. Proclamation designating March 2015 as Bicycle Awareness and Safety Pg. 8
Month in Collier County. To be accepted by representatives of the
Naples Pathway Coalition Beth Brainard, Executive Director; Jane
Cheffy, President; Deb Chesna, Secretary; and Joe Bonness, Director.
4.E. Proclamation honoring Murray Hendel for his many contributions and Pg. 10
years of dedicated service to the Collier County community. To be
accepted by Murray Hendel.
CM: Motion to Approve
5. PRESENTATIONS
5.A. This item continued from the February 24,2015 BCC Meeting. Pg. 12
Recognition of Ron Jamro, Director of the Collier County Museum,for
being selected as the winner of the 2014"Star in the Arts" award
bestowed by the United Arts Council of Collier County.
5.B. Presentation of the Collier County Business of the Month for March Pg. 14
2015 to IBERIABANK. To be accepted by David Gordley, Executive
Vice President, Market President, IBERIABANK; Brandon Box, Senior
Vice President, Commercial Group Manager, IBERIABANK;Yvette Saco,
Senior Vice President, Retail Market Manager, IBERIABANK; and Kristi
Bartlett,Vice President, Business Development,the Greater Naples
Chamber of Commerce.
CM: Speakers Under Public
6. PUBLIC PETITIONS Comment
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE
AGENDA
Item 7 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Item 8 to be heard no sooner than 1:30 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
Item 9 to be heard no sooner than 1:30 pm unless otherwise noted.
9.A. In the event that the Board concludes all other agenda items prior to Pg. 17
1:30 p.m., this item may be heard before then. Recommendation to
CM: Requires approve an ordinance amending Ordinance Number 04-41,as
Supermajority amended,the Collier County Land Development Code,which includes
Vote 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 1 - General Provisions, including section 1.08.02 Definitions;
Chapter Five - Supplemental Standards,including section 5.05.05
Automobile Service Stations, more specifically,to allow Automobile
Service Stations with more than 8 fuel pumps within 300 feet of
residential property to seek approval through a public hearing and to
allow new residential property within 300 feet of an Automobile
Service Station with more than 8 fuel pumps to seek approval through
a public hearing; Section Four, Conflict and Severability; Section Five,
Inclusion in the Collier County Land Development Code; and Section
Six, Effective Date.
10. BOARD OF COUNTY COMMISSIONERS
11. COUNTY MANAGER'S REPORT
11.A. Recommendation to confirm the appointment of Mr. Nick Pg. 153
Casalanguida to the position of Deputy County Manager. (Leo E. Ochs,
Jr., County Manager)
11.B. Recommendation to recognize a portion of Rock Road,from Pg. 156
Immokalee Road to Mingo Road within the Rock Road Municipal
Service Taxing Unit (MSTU),which has been regularly maintained by
the County for more than the immediate past seven years: (1) as
having been dedicated and deeded to the County as a public road; (2)
to approve a Resolution in support; (3) to authorize the Board's
Chairman to file a map with the Clerk of Court certifying ownership
has vested with the County; and, (4) to authorize a loan in the amount
of $285,000 to the Rock Road MSTU for the purpose of paving that
portion of Rock Road from Immokalee Road to Mingo Road,and to
approve all necessary budget amendments. (Michelle Arnold, Public
Transit Division Director)
11.C. Recommendation to accept a status report regarding existing and Pg. 171
proposed off-leash dog parks within the County Parks system. (Barry
Williams, Parks and Recreation Division Director)
11.D. Recommendation to adopt the FY 2016 Budget Policy. (Mark Pg. 225
Isackson, Corporate Financial and Management Services Division
Director)
11.E. Pg. 267
Recommendation to approve a Lease
Agreement with Kraft Office Center LLC for dedicated office space to
house the Countys Soft Landing Business Accelerator program and a
Sublease of that Lease Agreement to Economic Incubators, Inc.and
approve necessary budget amendments. (Bruce Register, Office of
Business and Economic Development Division Director)
11.F. Pg. 320
Recommendation to approve the First Amendment to the Agreement
between Economic Incubators, Inc.and the Board of County
Commissioners. (Bruce Register, Office of Business and Economic
Development Division Director)
11.G. Moved from 16.C.2. Recommendation to approve a licensing Pg. 842
Agreement with WCI Communities, Inc.,to allow the use of county-
owned real property on a short-term basis for temporary access and
construction staging. (Commissioner Henning's request)
11.H Add On Item. Recommendation to add to the approved Collier County
2015 State Legislative Priorities a request to support increased
funding opportunities from the State of Florida for local water
resource projects. (Staffs request)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
14.A. AIRPORT
14.B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
15.A. Current BCC Workshop Schedule. Pg. 414
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.
16.A. GROWTH MANAGEMENT DIVISION
16.A.1. This item requires that ex parte disclosure be provided by Pg.416
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation
to approve an Easement Use Agreement (Agreement) for Lot 12
according to the plat of Candlewood Two as recorded at Plat
Book 26, Pages 34 through 35 of the public records of Collier
County.
16.A.2. This item requires that ex parte disclosure be provided by Pg. 425
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation
to accept an alternate security for that subdivision known as
Sierra Meadows, (Application Number AR-2340) and enter into
the standard form Construction, Maintenance and Escrow
Agreement.
16.A.3. This item requires that ex parte disclosure be provided by Pg.433
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 Millbrook at
Fiddler's Creek Replat,Application Number PL2015000110.
16.A.4. This item requires that ex parte disclosure be provided by Pg. 440
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 Mandalay Place,
(Application Number PL20130001582) approval of the
standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
Companion to agenda item 16D8.
16.A.5. Recommendation to approve a release of code enforcement Pg.449
lien with an accrued value of$18,729.13,for payment of
$679.13, in the code enforcement action entitled Board of
County Commissioners v Elsa M. Flores and Carlos Flores,
Special Magistrate Case No. CEPM20130018044,relating to
property located at 4650 25th Ct. SW, Collier County, Florida.
16.A.6. Recommendation to approve two releases of code enforcement Pg.456
liens with a combined accrued value of$316,600,for payment
of$1,000, in the code enforcement action entitled Board of
County Commissioners v. Kirstin C. Martucci, Code
Enforcement Board Case Nos. CELU20110006574 and
CESD20110008406,relating to property located at 311 16th
Avenue NE, Collier County, Florida.
16.A.7. Recommendation to approve the release of a code enforcement Pg.468
lien with an accrued value of$1,914.43,for payment of
$714.43, in the code enforcement action entitled Board of
County Commissioners v.Valente Hernandez, Special
Magistrate Case No. CENA20130015260, relating to property
located at 980 Auto Ranch Road (Lot 19), Collier County,
Florida.
16.A.8. Recommendation to adopt a Resolution amending Resolution Pg.480
2014-37,which amended Resolution 2009-58,relating to the
Stewardship Sending Area (SSA) with a designation as"SSA
10";approving the extension of certain dates to March 10, 2018
in the Stewardship Sending Area Credit Agreement and the
Escrow Agreement for SSA 10.
16.A.9. Recommendation to award Invitation to Bid (ITB) No. 15-6376 Pg. 494
Rattlesnake-Hammock Road from US 41 East to Collier Blvd
Maintenance to Affordable Landscaping Service&Design, LLC.
16.A.10. Recommendation to approve an Adopt-a-Road Program Pg. 609
Agreement for the roadway segment of Goodlette Frank Road
from Creech Road to Pine Ridge Road,with two (2)
recognition signs at a total cost of$60 with the volunteer
group,Alice Miller, Realtor with Amerivest Realty.
16.A.11. Recommendation to approve an Adopt-a-Road Program Pg. 617
Agreement for the roadway segment of Airport Pulling Road
from Golden Gate Parkway to Radio Road,with two (2)
recognition signs at a total cost of$60 with the volunteer
group, Bohaychyk Enterprises, Inc.
16.A.12. Recommendation to approve an Adopt-a-Road Program Pg. 625
Agreement for the roadway segment of Golden Gate Parkway
from Goodlette Frank Road to Airport Pulling Road,with two
(2) recognition signs at a total cost of$60 with the volunteer
group, Gulf Coast Runners.
16.A.13. Recommendation to cancel the Adopt-a-Road Agreement with Pg. 633
sponsor Palmetto Ridge High School Band to allow the
roadway segment of Oil Well Road from Immokalee Road to
east of the High School to become available for adoption as
part of the Adopt-a-Road Program.
16.A.14. Recommendation to approve an Adopt-A-Road Program Pg. 641
Agreement for the roadway segment of Vanderbilt Drive from
Wiggins Pass Road to Bonita Beach Road,with two (2)
recognition signs at a total cost of$60 with the volunteer
group, Palmetto Ridge High School,Ambassador's Club.
16.A.15. Recommendation to approve a Work Order with CB&I Coastal Pg. 649
Planning&Engineering, Inc.to provide professional
engineering services for FEMA Response Assistance under
Contract No. 13-6164-CZ for a Time and Material amount not
to exceed $5,492 (Fund No. 001-103010) and authorize the
County Manager or his designee to execute the work order.
16.A.16. Recommendation to approve a proposal from Humiston & Pg. 665
Moore Engineers for Collier County Beaches and Inlets Annual
Monitoring for 2015 under Contract No. 13-6164-CZ,
authorize the County Manager or his designee to execute the
work order for a not to exceed amount of $163,795 and
makes a finding that this expenditure promotes tourism.
16.A.17. Recommendation to adopt the proposed Resolution relating Pg. 673
to the 2015 Floodplain Management Plan Update in order to
identify,assess,and mitigate flood risk in order to better
protect the people and property of Collier County from the
effects of flood hazards.
16.A.18. This item continued from the February 24, 2015 BCC meeting. Pg. 686
Recommendation to award Invitation to Bid (ITB) 14-6247 for
Purchase and Deliveries of Fungicides, Pesticides and
Herbicides to multiple vendors,Aligare LLC, Crop Production
Services, Inc., Helena Chemical Company, Red River
Specialties, Inc.,John Deere Landscapes,and Univar USA, Inc.
16.A.19. Recommendation to accept 1) A status report on the County's Pg. 729
Community Rating System (CRS) 5-year cycle evaluation and
2) A progress report on updating the Digital Flood Insurance
Rate Map (DFIRM) and on the corresponding proposed work
plan.
16.B. COMMUNITY REDEVELOPMENT AGENCY
16.B.1. Recommendation that the Collier County Board of County Pg. 735
Commissioners (BCC),acting as the Collier County Community
Redevelopment Agency (CRA),review and approve the
Bayshore Gateway Triangle and Immokalee CRA's 2014 Annual
Reports,forward the reports to the Board of County
Commissioners and Clerk of Courts and publish public notice of
the filing.
16.B.2. Recommendation that the Collier County Board of County Pg. 789
Commissioners (BCC) acting as the Community Redevelopment
Agency(CRA) approve,after-the-fact, submittal of the attached
Community Development Block Grant (CDBG) applications to
fund two programs within the Immokalee Community
Redevelopment Area,totaling$1,210,000.
16.C. PUBLIC UTILITIES DIVISION
16.C.1. Recommendation to approve selection committee rankings and Pg. 795
to enter into contract negotiations with Stantec Consulting
Services, Inc.,AECOM Technical Services, Inc.,and Hole Montes,
Inc., under Request for Proposal Number 14-6345,
"Construction, Engineering,and Inspection Services for the
Wastewater Basin Program," Project Numbers 70043, 70044,
70046, 70050,and 70051 and direct staff to bring the three
negotiated contracts to the Board for subsequent approval.
16.C.2. Moved to 11.G. Recommendation to approve a licensing Pg. 842
Agreement with WCI Communities, Inc.,to allow the use of
county-owned real property on a short-term basis for
temporary access and construction staging. (Commissioner
Henning's request)
16.C.3. Recommendation to approve a Purchase and Sale Agreement Pg. 856
with Melva E.Abreu at a cost not to exceed $321,700 to
purchase property in Naples Park for the relocation of a
wastewater pump station as part of the Wastewater Basin
Program, Project Number 70046.
16.D. PUBLIC SERVICES DIVISION
16.D.1. Recommendation to approve a substantial amendment to the Pg. 883
U.S. Housing and Urban Development CDBG FY2013-2014 HUD
Annual Action Plan and approve a Second Amendment to
Agreement with the Collier County Housing Authority, Inc.for
the Community Development Block Grant Electrical
Replacement Project to correct subrecipient's business title,
extend completion date,reduce agreement allocation, modify
number of units to be rehabilitated and corresponding
beneficiary total and update language.
16.D.2. Recommendation to approve a mortgage satisfaction for the Pg. 953
Tuscan Isles Apartments in the amount of$200,000.
16.D.3. Recommendation to reject RFP No. 14-6301 for Design Services Pg. 966
for Clam Pass Park Boardwalk and Restroom Facility and not
proceed with the negotiated contract with Q. Grady Minor and
Associates, P.A., reduce the project scope to include repair and
or replacement work,and re-solicit with a new Request for
Proposal.
16.D.4. Recommendation to approve two revised Memoranda of Pg. 970
Understanding with the Southwest Florida Workforce
Development Board, Inc. for the delivery of the 21st Century
Community Learning Centers swimming skills and drowning
prevention "Miracle Plus 1" and "Miracle Plus 2" programs.
16.D.5. Recommendation to authorize a process for Parks and Pg. 987
Recreation to re-instate delinquent accounts.
16.D.6. Recommendation to approve an after-the-fact grant Pg. 992
application for a 3-year U.S. Department of Justice, Office on
Violence Against Women-Justice for Families Grant that is
part of the Victims Advocacy Organization Grant Program.
16.D.7. Continue to the March 24, 2015 BCC Meeting.Recommendation Pg. 1108
to approve an after-the-fact grant application for$516,816 to
fund the expansion of the Immokalee Sports Complex Fitness
Center through the FY2015-2016 Housing and Urban
Development(HUD) Community Development Block Grant
(CDBG). (Commissioner Hiller's request)
16.D.8. Recommendation to approve a standard Donation Agreement Pg. 1113
that allows Mandalay Place, LLC to donate a 1.14 acre parcel
along with a management endowment of$3,544.45 to the
Conservation Collier Land Acquisition Program under the
offsite vegetation retention provision of the Land Development
Code LDC Sec 3.05.07H.1.f.iii. (b),at no cost to the County,and
authorize the Chairman to sign the Donation Agreement and
staff to take all necessary actions to close. Companion to
agenda item 16A4. The companion item must be approved or
this item will be continued to another BCC meeting.
16.D.9. Recommendation to award ITB No. 15-6401, North Collier Pg. 1124
Regional Park Concessionaire Services,to Zacks Food Cart
Ministry Catering Inc. and to authorize the Chairman to
execute the attached Agreement.
16.D.10. Recommendation to acknowledge the termination letter from Pg. 1207
Community Development Block Grant (CDBG) subrecipient,
Grace Place for Children and Families Incorporated,for the
Campus Expansion and Renovation Project in the amount of
$300,000.
16.D.11. Recommendation to approve the sale of 402 3rd Street, Pg. 1211
Immokalee and authorize staff to deposit the funds received
from the sale into the State Housing Initiative Partnership
Program Trust Fund.
16.D.12. Recommendation to approve and authorize the submittal of Pg. 1219
Florida Department of Environmental Protection Division of
State Lands Sovereignty Submerged Land Lease Renewal and
Modification for the Goodland Boating Park, Ramp and
Docking reflecting an increase in submerged lands from
47,753 square feet to 48,740 square feet and a 10-year
extension.
16.E. ADMINISTRATIVE SERVICES DIVISION
16.E.1. Recommendation to recognize interest earned by EMS County Pg. 1255
Grant revenue and appropriate funds for a total amount of
$262.39.
16.E.2. Recommendation to approve the sale and disposal of surplus Pg. 1258
property per Resolution 2013-095 for the sale of Collier County
Surplus property on April 18, 2015; ratify the Naples Airport
space lease for the event; authorize the County Manager or
designee to sign for the transfer of vehicle titles; and,accept
the report referencing the sale, scrap and donation and
disbursement of funds associated with the County on-line
auctions held during the last quarter.
16.E.3. Recommendation to approve the conveyance of a Grant of Pg. 1284
Easement to FPL FiberNet, LLC for providing fiber connection
to the Collier County Jail.
16.E.4. Recommendation to reject all Bids for Invitation to Bid (ITB) Pg. 1295
#14-6359 for"On-Call Mechanical Contractors".
16.E.5. Recommendation to accept reports and ratify staff-approved Pg. 1298
change orders and changes to work orders.
16.E.6. Recommendation to approve and adopt,by Resolution,the Pg. 1349
updated Collier County's Multi-Jurisdictional Local Mitigation
Strategy (LMS) (formerly the Hazard Mitigation Plan) for
Collier County and its jurisdictions.
16.F. COUNTY MANAGER OPERATIONS
16.F.1. Recommendation to approve an assignment of impact fee Pg. 1355
credits in the amount of$23,215.83 held by the First
Congregational Church for right of way that was conveyed to
the County per Resolution 08-335.
16.F.2. Recommendation to approve Category"B"Tourist Tax funding Pg. 1374
in the amount of$8,100 to support three upcoming 2015
events under the Sports Event Assistance Program and make a
finding that these expenditures promote tourism.
16.F.3. Continue to the March 24,2015 BCC Meeting. Recommend Pg. 1394
approval of Tourist Development Tax Category"B"funding to
support the Pro Watercross World Championships September
19-28, 2015 up to $90,500,authorize the Chairman to execute
the agreement and make a finding that this expenditure
promotes tourism. (Commissioner Hiller's request)
16.F.4. Recommendation to adopt a resolution approving amendments Pg. 1404
(appropriating grants, donations,contributions or insurance
proceeds) to the Fiscal Year 2014-15 Adopted Budget.
16.F.5. Recommendation to review and approve proposed changes to Pg. 1407
the FY 16 Tourist Development Council Grant Applications for
Category B, C-2 and Sports Event Assistance and make a finding
that this item promotes tourism.
16.G. AIRPORT AUTHORITY
16.G.1. Recommendation that the Board of County Commissioners, Pg. 1435
acting as the Airport Authority,approves a Collier County
Airport Authority Standard Form Lease and a Rider to Collier
County Airport Authority Standard Form Lease with Gulf Coast
Design Products, Inc.at the Immokalee Regional Airport.
16.H. BOARD OF COUNTY COMMISSIONERS
16.H.1. Recommendation to reappoint a member to the Haldeman Pg. 1453
Creek Dredging Maintenance Advisory Committee.
16.H.2. Recommendation to appoint two members to the Black Affairs Pg. 1461
Advisory Board.
16.H.3. Recommendation to appoint a member to the Historical Pg. 1478
Archaeological Preservation Board.
16.I. MISCELLANEOUS CORRESPONDENCE
16.J. OTHER CONSTITUTIONAL OFFICERS
16.J.1. Recommendation to authorize execution of the grant award for Pg. 1490
the Collier County Sheriffs Office FY2014-2015 InVEST grant
award in the amount of$105,035 and appropriate a budget
amendment.
16.J.2. Recommendation to approve a budget amendment in the Pg. 1492
amount of$1,000 for a donation previously received by the
Supervisor of Elections.
16.J.3. Board declaration of expenditures serving a valid public Pg. 1494
purpose and approval of disbursements for the period of
February 19 through February 25, 2015.
16.J.4. Board declaration of expenditures serving a valid public Pg. 1555
purpose and approval of disbursements for the period of
February 26 through March 4, 2015.
16.K. COUNTY ATTORNEY
16.K.1. Recommendation by the Collier County Health Facilities Pg. 1605
Authority to approve a resolution authorizing the Authority to
issue revenue bonds for health care facilities at Moorings Park
and Moorings Park at Grey Oaks.
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.
17.A. This item requires that ex parte disclosure be provided by Pg. 1652
Commission members. Should a hearing be held on this item,all
participants are required to be sworn in. Recommendation to
approve Petition VAC-PL20150000090 to disclaim, renounce and
vacate the County's interest in the 15-foot County Utility Easement
(C.U.E.) running through Tract A of Briarwood Plaza,as recorded in
Plat Book 17,pages 24 through 25 of the public records of Collier
County, Florida,located in Section 31,Township 49 South, Range 26
East, Collier County, Florida.
17.B. Recommendation to review and approve (adopt) the 2013 Cycle 2 Pg. 1663
Growth Management Plan Amendment- Immokalee big box store
CM: Requires
project. (Adoption Hearing) (Companion to PUD rezone petition
Supermajority
Vote PUDZ-PL20130001241,SR29 Commercial Planned Unit Development
(CPUD)).
17.C. This item requires that ex parte disclosure be provided by Pg. 1775
Commission members. Should a hearing be held on this item, all
CM: Requires
participants are required to be sworn in. Recommendation to
Supermajority
Vote 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 an Agriculture (A) zoning district with a Mobile
Home Overlay (A-MHO) to a Commercial Planned Unit Development
(CPUD) zoning district within the State Road 29 Commercial Overlay
Subdistrict (SR29COSD) to allow up to 162,000 square feet of
commercial uses for a project to be known as the SR 29 CPUD on
property located at the northwest quadrant of SR-29 and Westclox
Street in Section 29,Township 46 South, Range 29 East, Collier
County, Florida consisting of 24.99± acres; and by providing an
effective date (PUDZ-PL20130001241) [(COMPANION TO
PL20130001345/CP-2013-8].
18. ADJOURN
Inquiries concerning changes to the Board's Agenda should be made to
the County Manager's Office at 252-8383.
EXHIBIT
310- cW
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Airport Authority,
approves a Collier County Airport Authority Standard Form Lease and a Rider to Collier County
Airport Authority Standard Form Lease with Gulf Coast Design Products,Inc. at the Immokalee
Regional Airport.
OBJECTIVE: To approve a Collier County Airport Authority Standard Form Lease (Lease) and Rider
with Gulf Coast Design Products, Inc. (Lessee) for warehouse/manufacturing space at the lmmokalee
Regional Airport.
CONSIDERATIONS: This Lease and Rider pertain to space within the Incubator II building (170
Airpark Blvd.) at the Immokalee Regional Airport. This agreement replaces the previous, expired lease
with Gulf Coast Design Products, Inc. and reduces the space being leased from approximately 10,504
square feet to approximately 5,274 square feet, as shown in Exhibit "A." The Lease also increases the
rental rate to fair market value($5.00 per square foot per year)for comparable space in the area.
The initial lease term is for one year with automatic one-year renewals and includes a sixty-day early
termination notice for both parties.
The Rider alters the standard terms by requiring Lessee to pay $65 per month for irrigation water and
landscape services and pay$60 per month for the repair and maintenance of equipment.
The Lease and Rider have been reviewed by the County Attorney's Office, the Immokalee Airport
Manager,and the Risk Management Department.
FISCAL IMPACT: The total annual rent(including associated Common Area Maintenance charges) of
$27,870 shall be paid in equal monthly installments of$2,322.50, plus applicable sales tax, currently six
percent or$139.35,for a total monthly payment of$2,461.85.
The rent and reimbursements shall be deposited into Airport Authority operating Fund (495), Immokalee
Regional Airport Cost Center(192330).
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board approval—JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners acting as the Airport Authority
approves and authorizes the Chairman to execute the.attached Collier County Airport Authority Standard
Form Lease and Rider to Collier County Airport Authority Standard Form Lease with Gulf Coast Design
Products,Inc..
Prepared by: Justin Lobb,Airport Manger,Airport Authority,GMD
Attachments: 1)Gulf Coast Design Lease and 2)Rider to Gulf Coast Design Lease
EXHIB!o.IT
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GOyI'1ER COU��
Internal Audit Department
0
HE CWR
Audit Report 2014-5
Collier County Airport Authority
USDA Grant / Powder Coating
System
Dwight E. Brock
Clerk of the Circuit Court
3299 Tamiami Trail East
Issued: February 20, 2014
Suite #402
Naples. FL 34112-5746
l�«vw.collierclerk.com
Prepared by: Megan Gaillard, Senior Internal Auditor
Report Distribution: Collier County Airport Authority(CCAA)
Leo Ochs, Jr., County Manager
Mark Isackson, Director of Corporate, Financial, & Management Services
Jeff Klatzkow, County Attorney
Nick Casalanguida, Growth Management Division Administrator
Gene Shue, Growth Management Director of Operations Support
Cc: Dwight E. Brock, Clerk of the Circuit Court
Crystal K. Kinzel, Director of Finance & Accounting
Dale W. Phillips, Internal Audit Manager
TABLE OF CONTENTS
SUMMARY 2
OBJECTIVE 3
SCOPE 3
BACKGROUND 4
OBSERVATIONS, RECOMMENDATIONS, &MANAGEMENT RESPONSES 7
CONCLUSION 11
ADDITIONAL MANAGEMENT RESPONSE AND COMMENTS 11
EXHIBIT A—MANUFACTURING INCUBATOR II 12
EXHIBIT B—MANAGEMENT TIMELINE 14
The files and draft versions of audit reports remain confidential and protected from public records requests
during an active audit under Nicolai v. Baldwin (Aug. 28, 1998 DCA of FL, S" District) and Florida
Statute 119.0713. Work-papers supporting the observations noted within this report will become public
record and can be made available upon request once the final audit report has been issued.
1
The draft audit report was released to the Department for Management Response on February 3, 2014. The Growth
Management Division Finance and Operations Manager provided the management responses on February 14, 2014.
Revised management response was provided on February 18, 2014.
Summar
The County has not provided proper management oversight for operations and leases at the Immokalee Regional
Airport. Instances of non-compliance have been detected.
The following observations were generated during this review:
1. Approximately$163,000 was spent for a powder coating system that was never completed and was not put to
the intended use,which violates grant assurances/conditions.
a. Grantor agency approval was not obtained when the use of the powder coating system was changed.
b. Equipment was missing(i.e. dip tanks).
c. A portion of the powder coating equipment has been relocated to storage.
2. The partial payment request submitted to the USDA was not signed by an architect or engineer as required by
the forms and contained conflicting information.
3. The County has not complied with F.A.C. asset requirements or CMA 5809.
The following other observations were generated during this review:
1. Manufacturing incubator II lease concerns:
a. The lease expired on April 13,2007 and no new lease was executed.
b. The lease appears to have been continued on a month to month basis, but the initial contract and
amendments did not provide a term for month to month continuation.
c. Rent is not being charged at fair market value.
d. Late payments and terms of payments were not approved by the BCC/CCAA.
e. Interest and late payment fees do not appear to have been charged.
Failure to comply with grantor requirements may: result in audit findings, jeopardize current and future grant
funding; result in disbarment from receiving grant funding, require repayment of grant funds, result in termination
of the grant, impact future grant awards,and/or result in liability for damages for misrepresentation.
2
Objective
The objectives of the review were to: 1) validate the existence of the powder coating equipment; 2) determine
whether the powder coating equipment has proper valuation; 3) determine whether all powder coating equipment
was received; and 4) determine compliance with the United States Department of Agriculture (USDA) Rural
Development(RD)grant requirements.
Scope
The review consisted of,but was not limited to the following tasks:
• Review of the USDA Rural Business Enterprise Grant(RI3E11) pre-application, application, award letter, grant
agreement, grant amendments,letter of conditions, grant assurances, and grant attestations;
• Review of Department of Community Affairs (DCA) - Community Development Block Grant (CDBG)
documentation;
• Review of applicable Governmental Accounting Standards Board(GASB) Statements;
• Review of applicable Code of Federal Regulations(CFR's);
• Review of applicable items from the State of Florida General Records Schedule for State and Local
Government Agencies;
• Review of applicable Florida Statutes;
• Review of applicable Florida Administrative Codes(F.A.C.);
• Review of applicable Board of County Commissioner(BCC)Ordinances and Resolutions;
• Review of applicable BCC Meeting Minutes, Agenda Items, and Backup Documentation;
• Review of applicable Collier County Airport Authority(CCAA)Resolutions;
• Review of applicable CCAA Meeting Minutes and Agenda Items;
• Review of CCAA grant files including pay requests, design plans, and photographs;
• Review of applicable lease agreements/participating party agreements for Immokalee Regional Airport;
• Review of applicable County Manager Agency's directives(CMA's);
• Review of Clerk's Finance and Accounting Department capital asset records;
• Review of prior Clerk's Internal Audit Reports and supporting audit work-papers;
• Observation of the manufacturing incubator facility and powder coating equipment;
• Interviews with Collier County Airport Authority staff;
• Interviews with Clerk's Finance and Accounting staff;
• Interviews with a citizen; and
• Review of documentation provided by a citizen.
3
Background
Powder coating is a dry powder typically applied electrostatically to an item then cured under heat to form a bond.
The powder creates a hard finish that is tougher and thicker than conventional paint. Powder coating is mainly used
for coating metal (i.e. household appliances, automobiles, vehicle parts). The powder coating process includes three
basic steps: part preparation/pre-treatment,powder application, and curing.
On March 26, 1999, the CCAA submitted an application to the Florida Department of Community Affairs for a
Community Development Block Grant (CDBG) Economic Development grant requesting funds to construct a
USDA approved 20,000 square foot manufacturing incubator facility (Phase II). The project was for the expansion
of an existing business (Global Manufacturing Technology, Inc.) at the Immokalee Regional Airport. The grant
application indicated the project would be scaled back to a smaller building if full grant funding from the USDA
was not received.
The funding breakdown for the project was as follows: $750,000 from CDBG funds, $500,000 from the USDA, and
$139,000 from the CCAA for a total estimated construction cost of$1,389,000.
In September 1999,the CCAA submitted a Rural Business Enterprise Grant (RBEG) pre-application to the USDA.
The construction grant application indicated the grant would be"for Construction of a 20,000 sq. ft. structural steel
frame building to house: a) Phase II of Global Manufacturing Technology, Inc. incubator facility; b) a bonded
storage facility for non-hazardous materials; and c) a complete U.S. Customs office. The facility would be adjacent
to the existing incubator facility and would include site work, all utilities, landscaping, security and surface water
management associated with comprehensive business park master plan."
The funding breakdown for the project was as follows: $750,000 from CDBG funds, $500,100 from the USDA, and
$139,000 from the CCAA for a total estimated construction cost of$1,389,100.
On October 1, 1999, the CCAA received the awarded / executed sub-grantee and contractual agreement for
$750,000 of CDBG grant funds requiring a County match of$639,000 (which may include other grant funds) dated
September 29, 1999. Funds awarded were for administration costs and building construction. According to the
award package, construction was to start by June 28, 1999 and be completed in December 2000.
The CCAA did not receive the anticipated $500,000 USDA grant; however, the CCAA ensured the continuation of
the project through reallocation of their budget and transferring funds from other projects to the Phase II
manufacturing incubator facility. The CCAA reapplied for a reduced USDA Grant.
On July 13, 2000, the CCAA Executive Director submitted a revised RBEG grant application to the USDA
requesting to reduce the amount of the RBEG Grant to $250,000.The revised total estimated cost of the project was
$1,579,000. The estimated funding breakdown for the project was revised as follows: $690,000 from CDBG funds,
$250,000 from USDA funds,and$639,000 from a Collier County Contribution.
On March 9, 2001, the USDA provided the CCAA the Letters of Condition for the $250,000 Rural Business
Enterprise Grant. The letter established conditions which must be understood and agreed to by the CCAA prior to
the USDA giving the grant application further review and consideration.
On November 5, 2001,the USDA grant application package Exhibit#2 indicated the powder coating facility would
consist of primary equipment: fired batch oven, conveyor belts / overhead electric hoist gantry system, rinse / dip
tanks,transfer booms,hand push conveyor system,powder-cartridge booth, and powder guns with hopper.
On December 10, 2001, the CCAA approved Resolution 01-34 which estimated the cost of the primary powder
coating equipment to be approximately $250,000 to be paid for from the USDA grant. Resolution 01-34 estimated
the cost of secondary equipment (i.e. outside propane storage tanks, holding tanks, and evaporator system) to be
approximately $100,000 where Global Manufacturing Technology, Inc. (tenant) would be responsible for the
purchase of the secondary equipment to be negotiated in the lease agreement for the incubator facility.
4
On May 30, 2002, the CCAA Chairman provided an update for the project status regarding the manufacturing
building and the powder coating equipment at the BCC — CCAA Workshop. The CCAA Chairman indicated the
powder coating equipment portion of the project had not been finished and all portions of the manufacturing
incubator support facility had been completed within budget and on time except the powder coating equipment. The
CCAA Chairman indicated the USDA grant would be used for a portion of the powder coating equipment and the
CCAA hoped to obtain additional grants to cover the cost of the powder coating equipment. Note: Additional grant
funding was not obtained for the completion of the powder coating system.
On June 25,2002, the BCC approved the acceptance of a$250,000 grant from the USDA.
On July 30, 2002, the Certificate of Completion was issued for the building. The design and construction of the
incubator facility had been completed in the summer of 2002. Multiple delays occurred throughout the project based
on design decisions and integration of the powder coating system including additional required work for the powder
coating system.
On February 24, 2003, Global Manufacturing Technology, Inc. sent a letter to the grantor agency regarding the
participating party agreement requiring job creation. The letter indicated the powder coating system is incomplete.
On June 24, 2003, the BCC declared Global Manufacturing Technology, Inc. in default, for not being able to
perform the terms of the Participating Party Agreement. Additionally, the secondary powder coating equipment was
not installed leaving the powder coating system inoperable as a powder coating system.
On November 18, 2003, during a BCC meeting, the BCC approved a budget amendment to allocate$21,000 to the
tenant for leasehold improvements and executed a participating party agreement with Florida Architectural
Products, Inc. The incubator had remained vacant for more than one year (since the Certificate of Completion was
issued on July 30, 2002). The leasehold improvements included new restroom configuration, office spaces, and
redesigning of the powder coating system.
On November 18, 2003, a Participating Party Agreement was executed between Florida Architectural Products,Inc.
and the BCC for the manufacturing incubator II. The tenant was required to meet the terms of the initial
participating party agreement including job creation and retention.
On February 9, 2004, during a CCAA meeting, the CCAA discussed negotiation of the Florida Architectural
Products lease to include the conversion of the powder coating system into a wet system; however, tenant
improvements would cost an additional $21,000 which was covered under the obligations of the CCAA in the lease.
Once the design work for the changes began, it was apparent that the cost would be greater than anticipated for the
conversion. The CCAA motioned to approve a budget amendment for $13,000 plus 10% contingency with the
understanding that any of the contingencies not used for the conversion would be returned to the CCAA and the
project scope could not be expanded to consume the contingency.The motion passed unanimously.
The initial estimate of$21,000 was for costs as follow: $9,000 for the tenant improvement allowance($2,000 from
the CCAA and $7,000 from Financial Administration and Housing) and $12,000 for the powder coating conversion
($6,000 from the CCAA and$6,000 from Financial Administration and Housing).
On March 9, 2004, during a BCC meeting, the BCC approved an additional budget amendment to increase up to
$16,000 of additional estimated costs for the conversion of the powder coating system and other agreed upon
improvements. The project included building two offices, installing two interior restroom doors through a rated
firewall, and creating a 10' x 14' opening through a rated firewall in the assembly area bay into the bonded
warehouse bay. Funds were paid through the General Fund(001)Reserve for Contingencies.
On June 15, 2004, the First Amendment to the Participating Party Agreement between Florida Architectural
Products, Inc. and the BCC was executed. The amendment retroactively changed the commencement date to
April 14, 2004 because occupancy permits were not obtained until April 14, 2004. The lease expired on
April 13, 2007. It does not appear a new lease was executed once the lease expired.
5
In 2011, Internal Audit completed site visits to observe the manufacturing incubator II and the powder coating
system. The powder coating system had been partially installed for primary equipment including a powder cure
oven, conveyorized cartridge powder booth, powder spray equipment, hand powered conveyor system, dip tank
system including dip tanks, powder coating batch oven with an above hood, powder booth. At the time of the
inspection the dip tanks were unable to be located by Airport staff. It did not appear secondary equipment had been
installed. A portion of the equipment was relocated to a hangar and not located in the manufacturing incubator II.
The powder equipment does not appear to have been fully operational and was not used as a powder coating system.
Powder coating equipment in use includes the hand operated transfer booms, spray booth, and batch oven.
6
Observations
1) Approximately $163,000 was spent for a powder coating system that was never
com )leted and was not Hut to the intended use, which violates (Trant assurances / conditions.
On March 9, 2001, the USDA provided the CCAA the Letters of Condition for the $250,000 Rural Business
Enterprise Grant. The Letter of Conditions required "any changes in project scope, source of funds, scope of
services, or any other significant changes in the project or applicant must be reported to and approved by Rural
Development by written amendment...".
The USDA 1942-G grant requirements indicate "The grantee shall use the property in the project or program for
which it was acquired as long as needed,whether or not the project or program continues to be supported by Federal
funds. When it is no longer needed for the original project or program, the grantee shall use the property in
connection with its other federally sponsored activities..." Other uses of the equipment are permissible with the
grantor agencies written permission.
The schedule of values submitted to the USDA indicated a portion of the grant funds would be used to install the
powder coating system; the project required additional bonding, permits, exhaust fans, lighting / electrical work,
ceiling lifts, additional bracing for exhaust fans, and equipment. The portion of the powder coating system that was
installed was recorded as an improvement to the building.
Based on payment requests and information provided by CCAA staff, the estimated cost for the powder coating
system (partial) is approximately $163,000. The USDA portion of the powder coating system (partial) is
approximately $114,800. The powder coating system was incomplete and never completed. The powder coating
system was never put to its intended use.
The USDA Grant Assurances for Construction Programs (OMB Approved No. 0348-0042) requires the applicant
"Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and
facilities without permission and instructions from the awarding agency..." The CCAA did not obtain written
permission and/or instructions from the USDA.
The powder coating system was partially dismantled and relocated to storage. A portion of the system remains in
the manufacturing incubator II and is being used for a different use. Using part of the powder coating system for a
different activity is a significant change in project. The dip tanks were unable to be located by Airport staff.
The USDA 1942-G grant requirements indicate "When real property is no longer needed...return all real property,
furnished or purchased wholly with Federal grant funds to the grantor. In the case of property purchased in part with
Federal grant funds, the grantee may be permitted to take title to the Federal interest therein upon compensating the
Federal Government for its fair share of the property." It is possible the USDA will need to be reimbursed for the
grant funds used for the powder coating system since the system was never put to its intended use.
The grantor was not notified and did not provide a written amendment to the grant for the project change. The
USDA allows for similar services or project uses for equipment obtained with Federal financial assistance, but
would need to approve the change in writing prior to the change being allowed.
When Assurance Agreements are breached or there are violations,the USDA may, at its option: discontinue funding
or enforce the agreement by suit for specific performance or by any other available remedy. By not maintaining the
asset for the intended use, the CCAA may be liable to reimburse the grantor agency for funds used for the powder
coating equipment.
Recommendations:
• The County should notify the USDA of grant assurance/condition violations and all changes to the project. A
written waiver for changes to the project and waiver of violations should be obtained.
7
• The County should comply with the Code of Federal Regulations (CFR's), grant agreements, and grant
assurances.
• When assets and/or infrastructure are paid for through grant funding then disposed or used for other activities,
the County should receive approval from the grantor agency.
• The County should provide Finance with the appropriate paperwork to reduce the asset's recorded value and
update changes for equipment location.
County Management Response:
The county will work with the grantor, US Dept of (USDA),to develop a resolution to the audit finding
regarding the potential violations of grant assurances related to the powder coating equipment/system.
County staff will work diligently to comply with applicable CFR's, grant agreements, and grant assurances for all
grant projects.
The Airport Authority will not dispose of any property, regardless of whether it was purchased with grant funds or
county dollars, without following the proper process in the future to ensure compliance with any applicable
regulations which include CFRs, agreements and assurances. Staff agrees permission from the grantor agency to
dispose of any property acquired with grant funds shall require approval before disposition. This procedure will be
properly followed in the future.
The county will provide Finance with the appropriate paperwork to reflect any necessary adjustments to the value
of assets in question."
2) The partial payment request submitted to the USDA was not signed an architect or
en«ineer as re uired by the forms and contained conf1ictin( information.
Form RD 1924-18 (OMB Approved No. 0575-0042) used by the United States Department of Agriculture(USDA)
Rural Development (RD) Farm Service Agency for partial payment submissions requires an architect's or
engineer's certification for the completed work and estimates.
On August 21, 2002, the Airport Finance Manager signed the partial payment request (number 3) on behalf of the
Collier County Airport Authority (CCAA) indicating the submission was approved by the CCAA. On August 21,
2002, Quality Control Builders, Inc., the contractor, signed the partial payment request (number 3) indicating work
had been completed in accordance with the contract documents and requesting payment for services rendered.
The partial payment request 3 (form RD 1924-18) submitted to the USDA was not signed and certified by an
architect or engineer. The certification is used to indicate work has been inspected by the architect / engineer and
the quantities shown in the estimate are correct, services were rendered, and work was performed in accordance
with contract documents.
The application and certificate for payment application number 15 was submitted to the USDA without the
engineer's certificate for payment. This indicates site observations may not have been performed prior to the
submission.
The release and affidavit signed on August 21, 2002 by the contractor indicated in consideration of$68,987, the
contractor will release the Board of County Commissioners (BCC) of any future claims. Payment application
number 15 to the CCAA indicated the current payment due was $68,897 ($100 discrepancy). The USDA
reimbursed the County for the payment request containing the discrepancy.
Inspections for quantities of materials received, services rendered, and contract compliance should be completed
prior to the CCAA approving payment for the contractor for services billed and/or submitting the payment request
to the grantor agency. Without proper validation of work completed, the County may inaccurately approve
payments for contractors. All documentation should be thoroughly reviewed prior to approval for payment or
submission to the grantor agency to ensure the consistency and accuracy of the information to prevent project
8
delays, increased liability, or grantor rejection. When inaccurate information is submitted for a grant, it may
jeopardize the grant funding.
Recommendations:
• The County should take care when completing grant payment submissions to ensure all required certifications
are completed prior to the submission requesting reimbursement from the grantor agency.
• The County should not approve payments without required certifications.
• The County should more thoroughly review documentation prior to making payments for services rendered to
ensure consistency and accuracy.
County Management Response:
The county will be more diligent in submitting payment applications to ensure all necessary paperwork is
completed properly before requesting payment.
County staff will be more diligent about submitting payment requests to ensure the payment requests have the
proper certifications in accordance with grantor provisions and the related agreements.
County staff will be more diligent about reviewing documentation more thoroughly before submitting requests for
payment."
3) The Counts- has not cone died with F.A.C. asset ret uirentents or CMA 5809.
Florida Administrative Code (F.A.C.) Chapter 69I-73.003(2) requires "Individual Records Required for each
property item...Related individual items which constitute a single functional system may be designated as a
property group. A property group may be accounted for in one record if the component items are separately
identified within the record."
CMA#5809 indicates the custodian is ultimately responsible for the proper care and use of all property assigned to
or provided for use by the department. The custodian is responsible for maintaining up-to-date asset records and to
provide updates to Finance as changes occur.
In January 2011, Internal Audit observed the powder coating equipment and manufacturing facility. Portions of the
powder coating system had been removed from the manufacturing facility and relocated to storage indicating the
items should have been identified separately within the property group.Airport staff were unable to provide a list of
equipment / items obtained when the powder coating system was purchased. A lump sum billing was the only
record provided.
F.A.C. Chapter 69I.73.003(3)(c)Content of Property Records requires the physical location to be identified for each
asset. When assets are disassembled and a portion of the equipment moved to storage / hangar, the asset records
should be updated to reflect the change. Without properly recording the location of the asset, it may give the
appearance of theft or fraud and cause financial information to be inaccurate.
Assets should be properly controlled, tracked, and monitored. When assets are not properly recorded and there is a
lack of an audit trail, it may cause financial information / asset records to be inaccurate. Proper records must be
available to ensure the accuracy of asset records.
Recommendations:
• The County should comply with Florida Statutes, Florida Administrative Codes, and County policies and
procedures.
• The County should provide Finance with the appropriate documentation to update asset records.
9
County Management Response:
The county will strive to comply with Florida Statutes,FAC's and county policies and procedures.
After an analysis is performed by Staff, documentation will be presented to Finance for any adjustments to asset
values and/or records as considered necessary. Staff wishes to review any such adjustments with Finance staff to
ensure all parties are in agreement with the proposed revisions."
10
Conclusion
According to CCAA minutes, observation, and interview; the powder coating system was never completed.
Secondary equipment was required to have a functioning powder coating system. Secondary equipment was not
obtained. Once the primary powder coating equipment was installed,the equipment was dismantled and a portion of
the equipment was moved to storage. Grant money was used to purchase and install the powder coating system. The
grantor has not provided written approval for the change of use, as required by the grant conditions.
All requirements of the grant applications, assurances, and agreements should be met or specifically addressed when
projects change. Proper grantor approval should be obtained prior to changing projects and/or disposing of assets
purchased with grant funds.
Failure to comply with grantor requirements may: result in audit findings, jeopardize current and future grant
funding; result in disbarment from receiving grant funding, require repayment of grant funds, result in termination
of the grant,impact future grant awards,and/or result in liability for damages for misrepresentation.
Audits do not relieve management of their responsibilities. It is the responsibility of County management to
understand and implement the proper procedural controls in order to reduce and limit the risk of fraud, error, and
misappropriation of County assets. Internal Audit may recommend improvements in audit reports, but ultimately it
is the duty and decision of County management to formulate processes and controls that ensure compliance with
Federal regulation, State statute, County ordinance,and County policies.
Recommendations:
• The County should properly monitor grant assets to ensure compliance with federal requirements.
• The County should complete the appropriate paperwork when disposing of an asset to ensure assets are properly
recorded.
• The County should review the CDBG grant for compliance. The County should work with the grantor agency to
determine if the County has further obligations under the grant.
o Job creation requirements and program income should specifically be reviewed.
• The County should verify tenants have valid leases and insurance.
Additional County Management Comments:
With the merger of the Airport Authority into the Growth Management Division, the Authority has a more robust
support system in relation to grants management as well as monitoring of county approved policies and procedures
(which include properly monitoring and safeguarding of assets). Capital assets have recently been 100%physically
inspected by GMD staff(unrelated to airport operations) to ensure an independent validation of asset records for
the cost center director change.
County staff is currently reviewing the CDBG grant compliance with regard to the job creation requirements and
program income in conjunction with the lease review.
Staff looks forward to remediating these findings and will work with the Clerk's Office on the corrections and
keeping the proper parties notified of communications from the grantor. "
Internal Audit Response to Management Comments and Additional Comments:
Internal Audit gratefully acknowledges the cooperation and assistance from County staff. The assistance and
responses provided by the division greatly assisted in the audit process for the review.
11
Exhibit A
Immokalee Regional Airport — 2013
Collier County Property Appraiser — Aerial Image
Manufacturing Incubator II
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13
Exhibit B
Management Timeline
Executive Airport Starting Ending Notes
Director
John Drury 1994 Approx. September 2002
Bob Tweedie October 2002 May 2003 Interim
Gene Schmidt May 2003 December 2004
Teresa Cook December 2004 December 2009
Debra Brueggerman December 2009 May 2010 Interim
Penny Phillippi May 2010 September 2010 Interim
Thomas Chris Curry September 2010 September 2013
15
EXHIBIT
1-c.
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J.rl�� Memorandum
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11 1
To: Bruce Register
Director
Office of Business and Economic Development
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: February 9, 2015
Subject: Western Collier County Accelerator Program Office Space Cost Evaluation.
(Interim and Permanent Space, Leasehold Improvements)
Per our discussions regarding office space for the referenced program, attached please find a listing
of Class A office space rentals available in Collier County.
As with all requests from County departments when locating space for County use, I researched the
area utilizing several computer data base programs as well as physically searched the area to find
the best suited location,rent cost,and amenities that would benefit the end user,
As you will see, the square foot rent ranges from $18 to $28, The difference in the pricing is related
to the location, design, age, and amenities of the building. Please note that these prices do not
include Common Area Maintenance (CAM) costs which could vary from $3.50 to $4.50 per square
foot depending on the building itself. Please also note that the per square foot price does not
typically include utility costs since those are normally paid for by the tenant directly.
In my research, it is my opinion that the square foot rent for the space available at the Kraft Office
Center is within the fair market value for similar office space within the area. It is also important to
note that the landlord of the Kraft Office Center is willing to make tenant improvements, according
to the County's specifications in order to bring the space to Class A status, that will be included in
the per square foot rent. (To define `tenant improvements,' those are the improvements that the
landlord agrees to make according to the tenant's specifications.) It is also worth noting that
considering the rent cost, the CAM charges, and the tenant improvements for the Kraft Office
Center space, seems to be the mid-range square foot price for the rent alone on those properties
attached. CAM charges normally include all costs associated with the actual costs of the landlord's
operation of the property such as, but not limited to, property taxes, property insurances including
flood and wind damage,utility costs for common areas—irrigation, landscaping, water, sewer,
Page Two
Western Collier County Accelerator Program Office Space Cost Evaluation
electricity, property management fees, and maintenance costs. If CAM and construction
improvements were factored into those properties, the square foot price range would increase
substantially.
Based on the information above regarding costs, the rent for the interim space of $8.50 is well
within, if not below, fair market for comparable properties. Further, the permanent rent of$20.50,
taking into consideration all of the additional costs stated above, is also below fair market value for
a property of this type.
With respect to the $100,000 allowance for additional leasehold improvements, for a space of this
size, and taking into consideration the per square foot price for the permanent space, the allowance
broken down to a per square foot price again keeps the square foot rice for the built-out space to be
well below fair market value for a property of this type.
Please contact me at extension 8743 with any questions or if you require additional information.
Thank you.
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