BCC Minutes 04/26/2016 R BCC
REGULAR
MEETING
MINUTES
April 26, 2016
April 26, 2016
TRANSCRIPT OF THE MEETING OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, April 26, 2016
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:
CHAIRWOMAN: Donna Fiala
Tim Nance
Tom Henning
Georgia Hiller
Penny Taylor
ALSO PRESENT:
Jeffrey A. Klatzkow, County Attorney
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Crystal Kinzel, Office of the Clerk of Courts
Troy Miller, Communications & Customer Relations
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 26, 2016
9:00 AM
Commissioner Donna Fiala, District 1 — BCC Chair
Commissioner Tim Nance, District 5 — BCC Vice-Chair; CRAB Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Representative
Commissioner Penny Taylor, District 4 — CRAB Vice-Chair; TDC 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.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
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."
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April 26 2016
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.
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 Dr. Bob Scudieri - Peace Lutheran Church
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. March 22, 2016 - BCC/Regular Meeting Minutes
C. April 5, 2016 - BCC/Bayshore Gateway Triangle CRA and
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April 26 2016
Immokalee CRA Workshop
3. SERVICE AWARDS
A. EMPLOYEE
1) 20 Year Attendees
a) Sharon Keshock— Library
b) Annis Moxam - Operations & Regulatory Management
2) 25 Year Attendees
a) Debbi Maxon - Community & Human Services
b) Laurie McKenney - EMS Operations
3) 30 Year Attendees
a) Richard D'Orazio - EMS
b) Walter Kopka - EMS
4) 35 Year Attendees
b) William Peplinski - EMS
B. RETIREES
1) 13 Years of Service
a) Jim Young - Information Technology
2) 31 Years of Service
a) Bill Lorenz - Engineering & Natural Resources
4. PROCLAMATIONS
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April 26 2016
A. Proclamation recognizing the 65th Annual National Day of Prayer, a day set
aside by Congress for all Americans to unite in prayer to give thanks for the
many blessings our country has received. To be accepted by representatives
from First Baptist Church of Naples, New Hope Ministries and the Salt &
Light Advisory Council.
B. Proclamation designating May 1-7, 2016 as National Corrections Officer
Week in Collier County. To be accepted Sheriff Kevin Rambosk, Chief
Chris Roberts, Capt. Beth Richards, Cmdr. Kevin McGowan, Cmdr. Patricia
Gifford and many other Corrections Officers and Naples Jail Center staff.
C. Proclamation designating Tuesday, April 26, 2016, as CCPS Proud Day in
Collier County. To be accepted by Collier County Schools Superintendent
Kamela Patton, Deputy Superintendent David Stump, Associate
Superintendent Luis Solano and Assistant Superintendent Peggy Aune.
D. Proclamation designating May 7, 2016 as "Stuff the Bus Day" in Collier
County, in recognition of a community effort to "Stuff the Bus" with non-
perishable food to replenish the local food bank and feed the hungry. To be
accepted by Steve Carnell, Public Services Department Head; Michelle
Arnold, Public Transit and Neighborhood Engagement Division Director;
Omar Deleon, Collier County Public Transit Senior Planner; Karole Davis,
Manager with Harry Chapin Food Bank; Allan Crockett, Publix; Steve
Sanderson, United Way Executive Director; Spencer Smith, United Way
Communication Manager, Ann Bares, United Way Vice-President of
Volunteer Engagement, and Board Members of the United Way, Brandon
Box and Tom Donahue.
5. PRESENTATIONS
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
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April 26 2016
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to authorize a time certain of 5:00 PM for the RaceTrac
Gas Station item when it is scheduled for an upcoming BCC Meeting in
order to facilitate participation by working residents of the community
concerned about the RaceTrac development proposal on US41 between
Palm and Frederick Streets. (Commissioner Taylor)
B. This item to be heard at 11:00 a.m. To provide an overview of the process
for the Eastern Collier Habitat Conservation Plan (HCP) being carried out by
the US Fish and Wildlife Service. (Commissioner Taylor)
C. Recommendation directing the County Manager to solicit bids for a new
Tourism Marketing and Promotion contract. (Commissioner Taylor)
D. Recommendation that Board of County Commissioners (Board) follow
the procedures detailed in § 136.06(1), Florida Statutes, pertaining to the
execution of checks and warrants for the County. (Commissioner Hiller)
E. Recommendation to direct the County Manager to develop internal controls
over Electronic Fund Transfers (EFTs) in conformance with § 668.006,
Florida Statutes, and bring the proposed control measures back to the Board
of County Commissioners for final approval. (Commissioner Hiller)
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Bid #15-6484 to Quality Enterprises USA, Inc.,
for the "New Market Road Sidewalk Improvements" project for construction
of sidewalk improvements on both sides of New Market Road from North
15th Street to East Main Street in the amount of$1,468,940.26, Project No.
33423, and authorize the necessary budget amendment. (Jay Ahmad, Growth
Management Transportation Engineering Director)
B. Recommendation to award Bid #16-6589, "Memorial Pathway on
Vanderbilt Drive," to Haskins, Inc. for construction of pathway and roadway
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April 26 2016
improvements in the amount of$2,341,044.22, Project No. 60178. (Jay
Ahmad, Growth Management Transportation Engineering Director)
C. Recommendation to adopt five resolutions authorizing condemnation of that
land and those perpetual easement interests necessary for the construction of
roadway, drainage and utility improvements required for the expansion of
Golden Gate Boulevard from 20th Street East to east of Everglades
Boulevard. (Project No. 60145). Estimated fiscal impact: $5,737,000. (Jay
Ahmad, Growth Management Transportation Engineering Director)
D. Recommendation to consider forwarding Petition Number ASW-
PL20150002369, which seeks the granting of a waiver from the minimum
required separation distance of 500 feet between facilities with fuel pumps,
for the proposed Racetrac to be located on the south side of U.S. 41 between
Frederick Street and Palm Street, which matter is presently scheduled to be
heard by the Board of County Commissioners (Board) on May 24, 2016, to
either the Hearing Examiner or the Collier County Planning Commission
(Planning Commission) for a finding of facts and recommendation to the
Board. (Nick Casalanguida, Deputy County Manager)
E. Recommendation to adopt a Resolution to hold a public hearing to consider
vacating one 30-foot wide public right-of-way, and a portion of one 30-foot
wide public right-of-way, being a part of Col-Lee-Co Terrace, Plat Book 1,
Page 32 of the Public Records of Collier County, Florida, located in Section
11, Township 50 South, Range 25 East, Collier County, Florida. (VAC-
PL20150002788) (The subject property is located on the southwest corner of
the Tamiami Trail East (U.S. 41) and the Palm Street intersection). (Nick
Casalanguida, Deputy County Manager)
Resolution 2016- :
F. This item to be heard at 11:30 a.m. Recommendation to accept the staff
report on the County's 2016 State & Federal Legislative Priorities. (Brandon
Reed, Federal & State Legislative Affairs Coordinator)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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April 26 2016
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) This item to be heard at 10:00 a.m. Recommendation to
consider a real estate purchase agreement for the 5.27 acre
Bayshore Gateway Mini-Triangle property (Property) between
Real Estate Partners International, LLC (Purchaser) and the Board
of County Commissioners (Seller), acting as the authority for
Bayshore/Gateway Triangle Redevelopment Area.
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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 approve final acceptance and unconditional
conveyance of water and sewer utility facilities for Logan Boulevard,
PL20120000058, 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$31,692.50 to the Project
Engineer or the Developer's designated agent.
2) Recommendation to approve Petition VAC-PL20160000009 to
quitclaim and release County interest in the ingress and egress
easement running through the west side of property described in
Exhibit A attached hereto, as recorded in Official Record Book 624,
Page 1639 of the Public Records of Collier County, Florida in Section
27, Township 48 South, Range 25 East, Collier County, Florida.
3) Recommendation to approve and execute a Local Agency Program
(LAP) Agreement with the Florida Department of Transportation in
which Collier County would be reimbursed up to $261,066 for the
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April 26 2016
construction of sidewalks in East Naples (Lombardy Lane and
Orchard Lane) and to authorize the necessary budget amendment.
(Project # 33460, FPN 430879-1-58-01)
4) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
289RDUE) required for expansion of Golden Gate Boulevard from
20th Street East to east of Everglades Boulevard. (Project No. 60145)
(Estimated Fiscal Impact: $15,200)
5) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage and utility easement (Parcel
331RDUE) required for expansion of Golden Gate Boulevard from
20th Street East to east of Everglades Boulevard. (Project No. 60145)
(Estimated Fiscal Impact: $2,527)
6) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
334RDUE) required for expansion of Golden Gate Boulevard from
20th Street East to east of Everglades Boulevard. (Project No. 60145)
(Estimated Fiscal Impact: $8,150)
7) Recommendation to award Agreement #15-6456 for Construction
Engineering and Inspection (CEI) for Local Agency Program (LAP)
funded projects to Aim Engineering & Surveying, Inc.; "Construction
Engineering and Inspection (CEI) Services for LAP Funded Projects."
Growth Management Grant Fund 711.
8) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Riverstone - Plat Four
Application Number 20120002198 with the roadway and drainage
improvements being privately maintained; acceptance of the plat
dedications and authorizing the release of the maintenance security.
9) Recommendation to approve an easement agreement for the purchase
of two Road Right-of-Way, Drainage and Utility Easements (Parcels
35ORDUE and 348RDUE) required for the expansion of Golden Gate
Boulevard from 20th Street East to east of Everglades Boulevard.
Project No. 60145. (Estimated Fiscal Impact: $31,550)
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April 26 2016
10) Recommendation to approve the release of a code enforcement lien
with an accrued value of$219,726.28 for payment of$126.28 in code
enforcement action entitled Board of County Commissioners v. PNC
Bank, N.A., Code Enforcement Board Case No. CESD20130010194
relating to property located at 3245 37th Avenue NE, Collier County,
Florida, that will result in the donation of the property to Collier
County for the benefit of Conservation Collier.
11) Recommendation to approve the release of a code enforcement lien
with an accrued value of$34,362.82 for payment of$562.82 in the
code enforcement action entitled Board of County Commissioners v.
Jack and Muriel Floyd, Code Enforcement Special Magistrate Case
No. CEPM20120009545 relating to property located at 11466 Laertes
Lane, Collier County, Florida.
12) Recommendation to approve the release of a code enforcement lien
with an accrued value of$150,127.50 for payment of$577.50, in the
code enforcement action entitled Board of County Commissioners v.
C Walt, Inc. Asset-Backed CT, Code Enforcement Board Case No.
CESD20140007746, relating to property located at 5681 Dogwood
Way, Collier County, Florida.
13) Recommendation to approve the release of a code enforcement lien
with an accrued value of$92,600 for payment of$500 in the code
enforcement action entitled Board of County Commissioners v.
Sandra Sage and Carla Sage, Code Enforcement Board Case No.
CELU20130015799 relating to property located at 3123 Ravenna
Avenue, Collier County, Florida.
14) Recommendation to approve the release of a code enforcement lien
with an accrued value of$32,250 for payment of$682.13, in the code
enforcement action entitled Board of County Commissioners v.
Gabriela Guzman, Code Enforcement Special Magistrate Case No.
CEPM20100002802, relating to property located at 17034 Lockhart
Drive, Collier County, Florida.
15) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
315RDUE) required for the expansion of Golden Gate Boulevard
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April 26 2016
from 20th Street East to east of Everglades Boulevard. Project No.
60145 (Estimated Fiscal Impact: $15,200).
16) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Treviso Bay
Roadway, Phase 1, PL20130000149.
17) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Woodcrest
Drive, Phase 1, PL20140000610, and 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.
18) Recommendation to approve final acceptance and unconditional
conveyance of water and sewer utility facilities for Camden Lakes,
Phase 2, PL20140001156, and 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 Developer's designated agent.
19) Recommendation to approve a Second Amendment to the Settlement
Agreement between Dennis J. Lynch and the Board of County
Commissioners dated February 4, 1994, as amended for the purpose
of modifying the Alternative Conceptual Master Plan attached as
Exhibit A to the Settlement Agreement Amendment to reconfigure
the driveways, parking spaces and common areas, to remove two
buildings and a plaza and replace with a proposed assisted living
community, and to remove the obelisk and replace it with three
proposed flagpoles, for property located on the west side of Airport-
Pulling Road, approximately one-quarter mile north of Golden Gate
Parkway, in Section 23, Township 49 South, Range 25 East, Collier
County, Florida. [PMC-PL20160000197]
20) Recommendation to approve a standalone Growth Management Plan
(GMP) amendment cycle to allow for the removal of the existing
maximum allowable off-site runoff discharge rates by basin from the
GMP; in the interim, approve placing in abeyance the discharge rates
in the GMP; and, authorize staff to initiate amendments to the Code of
Laws and Ordinances and/or Land Development Code (LDC) to add
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April 26 2016
stormwater discharge rates; and, approve a standalone LDC
amendment cycle, if needed.
21) Recommendation to approve and authorize the Chairman to sign the
Utility Facilities Quit-Claim Deed and Bill of Sale between Collier
County and KE Talis Park Properties, LLC, in order to reconvey to
KE Talis Park Properties, LLC all irrigation utility facilities associated
with a development project at Seneca at Talis Park, PL20140001965,
which were previously erroneously conveyed to the County.
22) Recommendation to approve the name of a Collier County artificial
reef site pursuant to the Memorandum of Understanding with the
Community Foundation of Collier County and accept and appropriate
a donation in the amount of$98,000 for Artificial Reef Donations
Project No. 44038.
23) Recommendation to award Invitation to Bid #16-6616 "Right of Way
and Designated Maintenance Easements Mowing for Rural, Urban
and Aquatics" to Chuchi Bush Hog, Inc. as the primary contractor,
Duval Landscape Maintenance, LLC., the secondary contractor, and
Caribbean Lawn & Garden of SW Naples FL., Inc. as the tertiary
contractor.
24) This item has been continued from the April 12, 2016 BCC
Meeting. Recommendation to award Invitation to Bid #16-6537R
"Annual Contract for Landscape Maintenance" to primary, secondary
and tertiary contractors.
25) Recommendation to direct the County Attorney to advertise an
Ordinance amending Ordinance No. 2006-57 to add a new section
allowing for the use of golf carts upon designated roads in the Ave
Maria Stewardship Community District (the "District") and to approve
an agreement with the District whereby the District agrees to defend
Collier County against any actions related to the adoption of the
proposed Ordinance.
26) Recommendation to authorize staff to perform a one-time
maintenance cleaning of the State Road 29 Canal (Barron River) and
develop, in conjunction with State and Federal agencies, a long range
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April 26 2016
maintenance program proposal to be presented to the County
Commission at a future Board meeting for final action (Fiscal impact:
$90,000).
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners acting in its capacity as the Collier County
Community Redevelopment Agency (CRA) approve the application
and recipient agreement for the Immokalee CRA Commercial Facade
Improvement Grant Program for reimbursement of$20,000 for facade
improvements to Lozano's Restaurant located at 405 New Market
Road, Immokalee, Florida, which is located within the Immokalee
Community Redevelopment Area.
2) Recommendation that the Collier County Board of County
Commissioners (BCC) acting as the Collier County Community
Redevelopment Agency (CRA) authorize staff to notify landlord
Bayshore Drive, LCC that the CRA wishes to exercise its option to
extend the lease term for two years as allowed by the Commercial
Lease Agreement, dated July 1, 2013, between 3570 Bayshore Drive,
LLC and Bayshore/Gateway Triangle Community Redevelopment
Agency for CRA staff office space.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to approve a $255,595 work order under Request
for Quotation #14-6213-57 to Haskins, Inc., under Project Number
70019, "Cross Connection Control Program"; and approve the
necessary budget amendment.
2) Recommendation to approve a Certification of Financial
Responsibility, as required by Florida Department of Environmental
Protection, for the renewal of operating permits for the deep injection
well systems at the South County Regional Water Treatment Plant.
3) Recommendation to approve a $419,355.68 work order under Request
for Quotation #14-6213-59 to Quality Enterprises USA, Inc., for
Project #71010, "Vanderbilt Drive 12-inch Water Main Replacement."
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April 26 2016
4) Recommendation to review findings of the Risk Assessment Report
for the Utility of the City of Everglades; advise Florida Department of
Environmental Protection (FDEP) that the County is not in a position
to accept ownership or serve as the operator of the City of Everglades
Utility at this time and encourage the City of Everglades to work with
appropriate Federal and State Agencies for assistance to achieve full
permit compliance and operational reliability in the Utility.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve and authorize the Chairman to execute
five Landlord Payment Agreements, allowing the County to
administer the Rapid Re-Housing and Homelessness Prevention
Program through the Emergency Solutions Grant Program.
2) Recommendation to approve the First Amendment to the Subrecipient
Agreement with Community Assisted and Supported Living, Inc. to
clarify tenant income limits and affordable rental requirements.
3) Recommendation to approve and authorize the Chair to execute
Amendment No. 1 to the Parks and Recreation Division Facility Use
Memorandum of Understanding with the Naples BMX, Inc.
4) Recommendation to adopt by Resolution, the State Housing Initiatives
Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal
Years 2016/2017, 2017/2018 and 2018/2019, sign associated
documents, authorize submission to the Florida Housing Finance
Corporation.
5) Recommendation to approve a Substantial Amendment to Collier
County's U.S Department of Housing and Urban Development Annual
Action plans for FY2011/2012, FY2012/2013, FY2013/2014, and
FY2014/2015 for the Youth Haven Safe and Secure Homes project in
order to shift funds allocated for repaving activities to the installation
of fiber-optic cable and network equipment.
6) Recommendation to accept the preliminary needs assessment for
setting spending priorities for the U.S. Housing and Urban
Development (HUD) entitlement grant funds.
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April 26 2016
7) Recommendation to approve an "after-the-fact" amendment,
attestation statement and budget amendment award for the Nutrition
Services Incentive Program from Area Agency on Aging for
Southwest Florida, Inc. (Net Fiscal Impact: $6,574.30)
8) Recommendation to approve an after-the-fact Amendment to the
Community Care for the Elderly and Home Care for the Elderly
Programs and Attestation Statements with Area Agency on Aging for
Southwest Florida, Inc. for Services for Seniors programs. (No Fiscal
Impact)
9) Recommendation to approve and authorize the Chair to sign a lien
agreement with Habitat for Humanity of Collier County, Inc.
(DEVELOPER) for deferral of Specified Collier County impact fees
for 50 owner-occupied affordable housing units located at Legacy
Lakes, Immokalee, Florida.
10) Recommendation to reject the sole response received for Invitation to
Bid #16-6570 for Pool Heater/Cooler Repair.
11) Recommendation to approve Change Order #05 to Contract No. 14-
6320, adding one hundred twenty (120) days and increasing the total
project cost by $69,623.72, to Danella Utility Construction Inc., on
the Vanderbilt Beach MSTU (the "MSTU") Underground Utility
Conversion Project Phase II and III and approve an Agreement
wherein Florida Power & Light Company ("FPL") agrees to pay
repair costs associated with the improper installation of conduit.
12) Recommendation to approve and execute the attached time extension
to Contract Number AQQ85, Joint Participation Agreement (JPA)
with Florida Department of Transportation under the State Transit
Service Development Program, to provide funding to make necessary
improvements to bus stops in accordance with The Americans with
Disabilities Act (ADA).
13) Recommendation to approve a Release of Declaration of Restrictions
where the term has been met for renovation of rental units targeted
to low-income residents by Immokalee Non-Profit Housing, Inc.
A.K.A. Immokalee Housing & Family Services with Community
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April 26 2016
Development Block Grant funds as originally approved in the
FY 2009-2010 Action Plan.
14) Recommendation to review staffs findings and recommendations
regarding the Bristol Pines petition, render a decision regarding this
petition, and ensure the request is in harmony with all the applicable
codes and regulations in order to ensure the community's interests are
maintained; and specifically, (a) approve lien agreements with Bristol
Pines, LLC. [Sobelco] (Developer) for deferral of Specified Collier
County impact fees for 14 owner-occupied affordable housing units
located in Bristol Pines II, Naples, Florida for affordable housing units
already issued a permit, and (b) approve a settlement agreement
confirming the number of affordable units required to be occupied in
this development, and assigning the Affordable Housing Density
Bonus Agreement to the Developer.
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to approve conveyance of a Utility Facility
Warranty Deed and Bill of Sale, and Utility Easement to the Collier
County Water-Sewer District for water and wastewater infrastructure
to service EMS Station #76, 790 Logan Boulevard North, Naples
Florida.
2) Recommendation to approve a Bill of Sale conveying fire suppression
facilities installed by the Collier County Water-Sewer District to Blue
Sky's Co-Op, Inc. mobile home park for ownership and maintenance
consistent with existing Utility Standards.
3) Recommendation to award contracts under Request for Proposal
#15-6521, "Information Technology On-Call Services" to two
consultants: Executive Alliance Group, Inc. and HyperTeam USA
Business Consulting, Inc. to provide supplemental information
technology (IT) services on an as needed basis.
4) Recommendation to approve a Second Amendment to a Lease,
extending an existing lease with Drop Anchor Mobile Homeowner's
Association, Inc. for an additional ten years authorizing Drop Anchor
to occupy space within County-owned right-of-way in Goodland.
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April 26 2016
5) Recommendation to approve Amendment No 11 to the Agreement
with Collier County District School Board for the Driver Education
Program.
6) Recommendation to award Invitation to Bid (ITB) #16-6585 "Golden
Gate Community Center Re-roof/Repairs" to Crowther Roofing &
Sheet Metal FL, Inc., to remove, replace and repair deteriorated
roofing on Golden Gate Community Center in the amount of
$104,800.
7) Recommendation to approve a Second Amendment to the Radio
Tower Lease Agreement with Crown Castle GT Company LLC to
add equipment required for the approved upgrade of the County's
public safety radio system.
8) Recommendation to award Invitation to Bid (ITB) #16-6545
"Contract Laborers," to Balance Professional, Inc. as the primary, and
TRP Partners LLC as the secondary, for Countywide temporary labor
services and authorize the Chairman to execute contracts with
vendors.
9) Recommendation to approve the Corporate Partnership Agreement
between Hodges University and Collier County providing for
discounted tuition rates to employees; and authorize the County
Manager or designee to execute the agreement.
10) Recommendation to reject Request for Quote #16-6559, EMS Term
Loan and fund the replacement of the current mechanical compression
devices with the LUCAS 2 mechanical compression devices utilizing
a promotional interest free loan agreement between Physio Control
and USBank Equipment Finance.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
2) Recommendation to approve a report covering budget amendments
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April 26 2016
impacting reserves and moving funds in an amount up to and
including $25,000 and $50,000, respectively.
G. AIRPORT AUTHORITY
1) Recommendation to reject Bid #16-6557 - Automated Weather
Observation System (AWOS) Project No. 33452 and re-solicit the
project.
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint a member to Conservation Collier Land
Acquisition Advisory Committee.
2) Recommendation to reappoint three members to the Bayshore
Beautification Advisory Committee.
3) Recommendation to reappoint three members to the
Bayshore/Gateway Triangle Local Redevelopment Advisory Board.
4) Recommendation to appoint one alternate citizen member to the
Value Adjustment Board.
5) Recommendation to reappoint one member to Forest Lakes Roadway
and Drainage Advisory Committee.
6) Recommendation to consider requests from the County's Medical
Director and Deputy Medical Director for compensation modification
pursuant to their respective contracts and the Interlocal Agreement
between Collier County and North Collier Fire Control and Rescue
District.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners,
Page 17
April 26 2016
the check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between March 31 to April 13, 2013 pursuant to Florida
Statute 136.06.
2) To provide the Board a "Payables Report" for the period ending April
13, 2016 pursuant to the Board's request.
3) Recommendation to approve a budget amendment recognizing
$1,305,000 in revenues and expenditures in the Sheriffs FY206
General Fund budget.
K. COUNTY ATTORNEY
1) Recommendation to approve a Joint Motion and proposed Stipulated
Final Judgment in the amount of$12,500 for Parcel 175RDUE in the
case styled Collier County v. Christopher Warburton, et al., Case No.
15-CA-335 required for the widening of Golden Gate Boulevard,
Project No. 60040. (Fiscal Impact: $3,300)
2) Recommendation to approve hiring and authorize the expenditure
to retain Jim Nulman of Nulman Mediation Services to serve as
Mediator for a pre-suit mediation with Affordable Landscaping, as
required by the standard County Contract between the Parties.
3) Recommendation to approve and authorize the Chairman to sign the
Release and Waiver required to finalize the County's pending
litigation with the Department of Juvenile Justice as required by
Section 985.6865, Florida Statutes, Juvenile Detention. (Effective
March 29, 2016)
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
Page 18
April 26 2016
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.
A. 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 Petition VAC-
PL20150002813, to disclaim, renounce and vacate County and public
interest in the 15-foot drainage easement located along the border between
Lots 2 & 3, of North Collier Industrial Center, as recorded in Plat Book 31,
Pages 50 through 51 of the Public Records of Collier County, Florida,
located in Section 10, Township 48 South, Range 25 East, Collier County,
Florida, and to accept a replacement easement.
B. Recommendation to approve (adopt) the Hibiscus Residential Infill
Subdistrict small-scale amendment to the Collier County Growth
Management Plan, Ordinance 89-05, as Amended, for transmittal to the
Florida Department of Economic Opportunity. (Adoption Hearing)
(PL20150002354/CPSS-2015-2) [Companion to Petition PUDA-
PL20150002326]
C. 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 an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2015-25, the Hibiscus Residential Planned Unit
Development, to increase the multi-family zoned height from 45 to 50 feet
and actual height from 50 to 55 feet; and increase the number of residential
units allowed per building from 12 units to 16 units and to correct a
scrivener's error on the Master Plan. The subject property is located on the
south side of Rattlesnake-Hammock Road at the intersection of Hibiscus
Drive in Section 19, Township 50 South, Range 26 East, Collier County,
Florida, consisting of 7.9+/- acres; and by providing an effective date.
(PUDA-PL20150002326) (Companion to PL20150002354/CPSS-2015-3)
D. 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 Petition VAC-
PL20160000324, to disclaim, renounce and vacate County and public
Page 19
April 26 2016
interest in a portion of the 18-foot drainage and maintenance easement
located along the rear border of Lot 125, Villages of Monterey at
Woodbridge, Unit Four as recorded in Plat Book 17, Page 77 of the public
records of Collier County, Florida, located in Section 2, Township 49 South,
Range 25 East, Collier County, Florida.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2015-16 Adopted Budget.
F. Recommendation to amend Section Twelve of the Board's Purchasing
Ordinance (Ordinance No. 2013-69, as amended), to incorporate a procedure
to accept unsolicited proposals (through public private partnerships —
"P3's") and approve a Resolution that establishes an application fee required
by private entities wishing to submit unsolicited proposals for qualifying
public projects.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 20
April 26 2016
April 26, 2016
CHAIRMAN FIALA: Thank you very much. Welcome,
everyone. So glad you're all here with us. I notice there's more out in
the hallway. We've got a full house today, don't we?
Leo, before even begin -- well, maybe we should have the prayer
and the pledge first, and then we'll move forward.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Good morning, sir. Let's see. This is
Reverend Bob Scudieri, right?
REVEREND SCUDIERI: Yes.
CHAIRMAN FIALA: And he's from Peace Lutheran Church.
Item #1A
INVOCATION AND PLEDGE OF ALLEGIANCE
REVEREND SCUDIERI: Proverbs 36, in all thy ways
acknowledge the Lord and He shall direct your paths. Lord God, you
know this board says that it wants to exceed expectations every day.
We are keenly conscious of how you exceed our expectations and the
expectations of the people of Collier County, from the expectation of a
morning sunrise to the beauty of a beach sunset.
We unite today in giving thanks for all the blessings our country
and our county have received. Thank you for directing the paths of our
faithful employees, William, Richard, Laurie, Debbie, Annis, and
Sharon.
Direct our paths at today's meeting of the Board of County
Commissioners. Remember with the rest of the world today the
tragedy of the failure of the nuclear plant in Chernobyl. We ask your
mercy for those who have suffered and continue to suffer in
unspeakable ways, and we pray, direct our paths and give us the
wisdom and grace to exceed expectations in how we maintain the
Page 2
April 26, 2016
infrastructure of this county.
Direct our paths and help us exceed expectations in how we treat
each other at this meeting and away from here, in how we treat the
poor, the prisoner, and all citizens who are too weak or too foolish to
protect themselves.
Direct our paths, oh Lord, so today we may exceed the
expectations of the citizens of Collier County and, if it be your will,
that we may exceed even your expectations.
We ask these blessings in your holy name, amen.
CHAIRMAN FIALA: And, folks, would you say with me -- put
your hands over your hearts and say with me --
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN FIALA: And now usually I turn this meeting over
to our county manager, but I just have to tell you. I'm so excited about
all this pickle ball stuff going on, and so I just have to tell you that it
starts today. And it's just like the warm-up today, but today they're
going to have all of the children from Avalon school over there to play
as the other players are coming in and starting to practice and getting
used to the fields.
Last night I was there till after nine, and people were coming in
from Seattle and California. They're driving down from someplace in
Florida.
We've got people coming in from Australia. We've actually got
people -- players, 835 players coming from 37 states and seven
countries coming in for this pickle ball tournament. It's amazing.
This is probably going to be one of the biggest things that has hit
Collier County, and we've got a three-year contract not only with the
pickle ballers but also with CBS Sports.
So I hope that some of you stop by. It's right down here right
close to the government center down on Thomasson, and it's called
East Naples Community Park.
Page 3
April 26, 2016
And wait till you see these courts. They're -- I want to tell you,
our staff-- I'm just -- I can't brag enough about how our parks and
recreation got in there and transformed that park into something we
can all be proud of. Look at Kathy Topoleski there, waving. We've all
worked so hard for this. And please stop by sometime and see what
they do.
Okay. Leo, now you can --
COMMISSIONER NANCE: I hope that the chairwoman can
elevate her enthusiasm. I'm going to make a motion that the Board
informally designates Commissioner Fiala as the grand kosher dill of
the day as she goes forward in her duties representing the board in the
press release and the ribbon cutting, so thank you.
CHAIRMAN FIALA: Thank you.
Item #2A
APPROVAL OF TODAY'S REGULAR, CONSENT AND
SUMMARY AGENDA AS AMENDED (EX PARTE DISCLOSURE
PROVIDED BY COMMIUSSION MEMBERS FOR CONSENT
AGENDA) — APPROVED AND/OR ADOPTED W/CHANGES
MR. OCHS: Absolutely.
Well, good morning, Madam Chair and Commissioners. These
are your proposed agenda changes for the Board of County
Commissioners' meeting of April 26, 2016.
The first proposed change is to add Item 4E. This is a
proclamation regarding Comcast Cares Day. This was added at
Commissioner Fiala's request.
The next two changes are companion items. They were a request
by the Chair to move Item 17B and 17C from the summary agenda to
the regular agenda. Once the applicant was notified of that, they wrote
Page 4
April 26, 2016
us an email last night and asked that both of those items be withdrawn
at this time, and they'll re-file those at a future date. So those two
items were moved but then subsequently withdrawn by the petitioner.
The next proposed change is to move Item 16D6 from your
consent agenda to become Item 11G under the County Manager's
report. That's a discussion of a preliminary needs assessment for
spending priorities for your CDBG grant through the federal housing
and urban development department, and that move is made at
Commissioner Taylor's request.
The next proposed change is to move Item 16E3 from the consent
agenda to become Item 11H under the County Manager's regular
agenda. It's a contract award for information technology on-call
services. That move was made at Commissioner Henning's request.
The next proposed change is to continue Item 16J2 indefinitely
until such time as the Clerk certifies to the Board that the payables
presented in the report have been pre-audited as previously specified
by letter of the Board to the Clerk. That change is made at
Commissioner Fiala's request.
I have a couple of agenda notes this morning, Commissioners.
The first relates to Item 16J1. I would ask that as part of the approval
of that item that the Board declares that the expenditures contained in
that report serve a valid public purpose and authorize the Clerk to
make disbursement, and also that Commissioner Fiala will need to
excuse herself from the meeting at 11 :15 this morning and will be gone
until we resume after the lunch break. The vice-chair will run the
meeting in her brief absence.
We have three time-certain items this morning. The first is Item
11F. This is a report on your state and federal legislative priorities.
That will be heard at 9:45. At 10 a.m. you will hear Item 14B1. That's
the sale and purchase agreement proposal for the Bayshore/Gateway
mini triangle property.
Page 5
April 26, 2016
Then, finally, at 11 a.m., Item 10B will be heard, and that is, I
believe, a presentation from Commissioner Taylor regarding the
Eastern Collier Habitat Conservation Plan.
COMMISSIONER TAYLOR: Not necessarily from me.
MR. OCHS: Yes, ma'am. I'm sorry. It's your item, yes.
COMMISSIONER TAYLOR: My item, yes. I'm not going to
present anything. I'm going to learn.
MR. OCHS: Okay. And those are all the changes that I have,
Madam Chair.
CHAIRMAN FIALA: Okay. Thank you very much.
County Attorney?
MR. KLATZKOW: No changes, ma'am.
CHAIRMAN FIALA: Okay, very good.
Could I ask, would that presentation be better handled under
presentations?
COMMISSIONER TAYLOR: He's coming over from the East
Coast, so 11 o'clock was the time.
CHAIRMAN FIALA: Oh, okay. Okay.
COMMISSIONER TAYLOR: Yeah. He's not a local person.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: You want to listen to it, right?
CHAIRMAN FIALA: Well, yeah, but I'll be here at 11.
COMMISSIONER TAYLOR: Yeah.
CHAIRMAN FIALA: I'll have to be leaving right after that, and
I figured, you know, if we had it under presentations -- but, okay, very
good. Thank you. I didn't realize that. Okay. Very good.
Commissioner Taylor, as long as we're talking anyway, why don't
you take it from there.
COMMISSIONER TAYLOR: No, nothing.
CHAIRMAN FIALA: Ex parte?
COMMISSIONER TAYLOR: Ex parte, nothing today.
Page 6
April 26, 2016
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: No disclosures.
CHAIRMAN FIALA: Okay. Commissioner Nance?
COMMISSIONER NANCE: Yes. I have no disclosures under
today's regular, consent, or summary agenda, but I would -- I would
suggest that we do move Item 10B to Item 5, and the time-certain, I
don't think, doesn't -- it doesn't bother the time-certain. We can have a
presentation at a time-certain.
CHAIRMAN FIALA: Okay.
COMMISSIONER NANCE: But I think it should -- I think it
should be rightfully under presentations. I'll make that motion.
CHAIRMAN FIALA: Okay. Do I hear a second?
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay. I hear a second.
All in favor, say --
COMMISSIONER HENNING: Question on the motion.
CHAIRMAN FIALA: Pardon me?
COMMISSIONER HENNING: Question on the motion.
CHAIRMAN FIALA: Sure.
COMMISSIONER HENNING: At the last meeting we gave
direction for staff to go to the meeting on the Habitat Conservation
Plan for the Eastern Collier. This is a change from our previous
direction where we're directing staff to attend the meetings and report
back to the Board.
COMMISSIONER TAYLOR: This is -- this is the gentleman
who's head of U.S. Fish and Wildlife who's coming over from Vero
Beach just to give information about the process. That's all. There's --
it isn't coming from our staff whatsoever.
COMMISSIONER HENNING: No, I know that. But the
previous meeting, like I said, is we gave direction for staff to attend the
meetings and come back to the Board of Commissioners. So now
Page 7
April 26, 2016
we're having a presentation on the same. That's all I'm saying.
CHAIRMAN FIALA: I think, though, that, you know, we would
-- we would want to honor Commissioner Taylor's request because this
is something that's important to her, so -- okay. So we can hear it
anyway, but thank you.
COMMISSIONER NANCE: Commissioner Henning, I just
thought it should be under presentations because I don't really want to
engender a public debate --
COMMISSIONER TAYLOR: Right, no.
COMMISSIONER NANCE: -- on items on which we're not
decision makers, and I just thought it was -- it rightfully should be
under presentations.
And I think we should accommodate this gentleman and he -- you
know, I attended one of the meetings previously, but other board
members may have not heard this information, so...
COMMISSIONER TAYLOR: And the public, what is this?
What is this? Well, there is a plan, you know. It was one of those
things. Let's just get the information out there, and then I think
questions -- I think the public will respond positively.
CHAIRMAN FIALA: Okay. So, Commissioner Nance, did you
have any?
COMMISSIONER NANCE: No. There's a -- I made a motion,
and Commissioner Hiller, I believe, seconded the motion. I have no
other comments, ma'am.
CHAIRMAN FIALA: Okay, fine. And all in favor of that, the
motion, which is to take the item and put it -- what is that item? I can't
remember the number.
MR. OCHS: It's 10B, Commissioner.
CHAIRMAN FIALA: 10B.
MR. OCHS: 10B would become 5A.
CHAIRMAN FIALA: Put it under 5, under presentations.
Page 8
April 26, 2016
COMMISSIONER TAYLOR: It will be heard at 11 o'clock.
COMMISSIONER NANCE: Yes.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: Okay. All in favor of that motion, say
aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
Commissioner Henning?
COMMISSIONER HENNING: Yes.
CHAIRMAN FIALA: Any ex parte, any changes, and
corrections?
COMMISSIONER HENNING: No, ma'am.
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yes, thank you. I have no
disclosures, but I would like to ask that Items 10C, D, and E be
presented immediately after we finish the proclamation awards.
I think it's very important, Commissioner Fiala, that you be here
to hear these items, and I would be concerned if these were heard in
your absence.
So it's 10C, 10D, and 10E.
CHAIRMAN FIALA: Does anybody have any concerns with
that?
COMMISSIONER TAYLOR: Yeah, I don't think there's enough
time. I certainly don't think there's enough time for 10C. Maybe
there's enough time for D and E, but I certainly think we could move
Page 9
April 26, 2016
things to the afternoon. You'll be back in the afternoon. You're not
gone for the day.
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: That's fine. So if we could do 10D
and E first and then maybe do a time-certain. I do believe the vendor
on the -- regarding the vendor for this particular tourism marketing and
promotion contract is with us. Are you-all here? Yeah, okay. So
they're all here. So I think we should have a time-certain for Mr.
Hames and his company since he's the subject of 10C.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: What time would you recommend,
Commissioner Fiala?
CHAIRMAN FIALA: Leo, when would you think that we can fit
that in so that I'm still here?
COMMISSIONER TAYLOR: I'm not sure that you can. I was
looking at that. I was looking at the time frame. But if we've got a
9:45, a 10:00, and 11 :00, and --
COMMISSIONER HILLER: Well, we could move the
presentation. I mean, the presentation could be -- how long is the
presentation going to be?
COMMISSIONER TAYLOR: I don't know. I can't imagine
more than 20 --
COMMISSIONER NANCE: He's traveling from the east coast
of Florida.
COMMISSIONER HILLER: But he's not traveling just to make
this presentation?
COMMISSIONER TAYLOR: Yes, he is. Yes, he is. He's
coming -- that was the time-certain.
CHAIRMAN FIALA: Leo has some ideas here.
MR. OCHS: My thought is maybe 10:15 we can try for that item.
I know we have a 10 o'clock on the Bayshore item, but I'm not sure
Page 10
April 26, 2016
that that's going to take more than 15 minutes, and then we can start
that discussion at 10:15.
COMMISSIONER TAYLOR: Which discussion?
COMMISSIONER HILLER: 10C.
MR. OCHS: 10C. It's tourism.
COMMISSIONER TAYLOR: I think it's -- oh, the tourism one.
I just -- and then at 11 o'clock? I don't feel comfortable about that.
COMMISSIONER HILLER: Well, I think 45 minutes should be
plenty. I mean, I can't imagine -- if the discussion is going to be more
than 45 minutes, then that's concerning.
COMMISSIONER TAYLOR: Well, I would think that the
Bayshore -- I mean, I don't know about you, but my emails say that the
Bayshore Triangle's going to take some time. It's going to be more
than 15 minutes to discuss that.
MR. OCHS: Well, then I would defer to the afternoon, because
I'm not sure how else we could fit that in with the other time-certains.
COMMISSIONER TAYLOR: And just a point of order, the
agenda Item 10C has nothing -- it has -- it is an indirect effect to the
contractor, but it's specifically about the contract.
MR. OCHS: I understand.
COMMISSIONER HILLER: So what time, Leo, in the
afternoon?
MR. OCHS: I would say right after lunch, maybe 1 :15. There's
no public hearings.
COMMISSIONER HILLER: 1:30?
MR. OCHS: 1 :30 would be fine.
COMMISSIONER HILLER: Will you be back by 1 :30?
CHAIRMAN FIALA: I should be back by 1 o'clock. Security's
taking me over there, and they're going to get me back, so I should be
back --
COMMISSIONER HILLER: So say 1 :30?
Page 11
April 26, 2016
CHAIRMAN FIALA: -- in plenty of time.
COMMISSIONER TAYLOR: Yes.
MR. OCHS: 1 :30 would be fine.
COMMISSIONER NANCE: Don't we have two public hearings
now, sir?
MR. OCHS: No, sir. Those got -- the petitioner withdrew those
after they were moved to the regular agenda.
COMMISSIONER NANCE: Okay. I stand correct.
MR. OCHS: So your afternoon is clear except for, you know,
your public comments. So 1 :30, Madam Chair, on 10C?
CHAIRMAN FIALA: Yeah.
MR. OCHS: Thank you.
CHAIRMAN FIALA: Yes, please, I mean. Not "yeah."
COMMISSIONER HILLER: And so 10D and 10E right after the
proclamation awards, and then 1:30 for 10C?
CHAIRMAN FIALA: Okay. Very good.
COMMISSIONER HILLER: May I have a second on that?
COMMISSIONER TAYLOR: Second.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: We've got a second. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: (No verbal response.)
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good. So we move forward with
that. I didn't hear anything from Commissioner Henning, but I'm sure
that meant yes. So we'll say it's a 5-0. Okay.
And anything else, Commissioner Hiller?
Page 12
April 26, 2016
COMMISSIONER HILLER: No, that's it. Thank you.
CHAIRMAN FIALA: Okay. And for me, I have no changes, no
corrections to the agenda. Under ex parte -- well, now that we don't
have 9B anymore, I don't have anything there, so I'm free and clear as
far as ex parte goes.
I would like to talk about some items, but I'll talk about it just a
little bit later. I don't think this is the time.
Okay. Very good. So with that, I ask for a motion to approve the
agenda.
COMMISSIONER TAYLOR: Motion to approve the agenda as
amended.
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay. Motion and a second. All those in
favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good, 5-0. Thank you.
COMMISSIONER TAYLOR: We got through that.
And now we move on to Leo.
Page 13
Proposed Agenda Changes
Board of County Commissioners Meeting
April 26,2016
Add On Item 4E: Proclamation designating April 30,2016 as Comcast Cares Day in Collier
County,in recognition of Comcast's efforts to bring together more than 200 volunteers to beautify
the Cindy Mysels Park in East Naples. To be accepted by Justin Damiano representing Comcast;
Lois Ferguson representing Big Brothers Big Sisters; Hector Gonzalez representing Gulf Coast
Little League; and Susan McManus representing Champions For Learning. (Commissioner Fiala's
request)
Move Item 17B to Item 9A: Recommendation to approve(adopt)the Hibiscus Residential Infill
Subdistrict small-scale amendment to the Collier County Growth Management Plan,Ordinance 89-
05,as Amended,for transmittal to the Florida Department of Economic Opportunity. (Adoption
Hearing) (PL20150002354/CPSS-2015-2) [Companion to Petition PUDA-PL20150002326]
(Commissioner Fiala's request)
Move Item 17C to Item 9B: 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 an Ordinance of the Board of County Commissioners of
Collier County,Florida amending Ordinance Number 2015-25,the Hibiscus Residential Planned
Unit Development,to increase the multi-family zoned height from 45 to 50 feet and the actual
height from 50 to 55 feet; and to increase the number of residential units allowed per building from
12 units to 16 units and to correct a scrivener's error on the Master Plan. The subject property is
located on the south side of Rattlesnake-Hammock Road at the intersection of Hibiscus Drive in
Section 19,Township 50 South,Range 26 East,Collier County,Florida,consisting of 7.9+/-acres;
and by providing an effective date(PUDA-PL20150002326) (Companion to PL20150002354/
CPSS-2015-3). (Commissioner Fiala's request)
Move Item 16D6 to Item 11G: Recommendation to accept the preliminary needs assessment for
setting spending priorities for the U.S.Housing and Urban Development(HUD)entitlement grant
funds. (Commissioner Taylor's request)
Continue Item 16J2 Indefinitely until such time as the Clerk certifies that the payables presented in
this report have been pre-audited as previously specified by the Board: To provide the Board a
"Payables Report" for the period ending April 13,2016 pursuant to the Board's request.
(Commissioner Fiala's request)
Move Item 16E3 to Item 11H: Recommendation to award contracts under Request For Proposal
15-6521,"Information Technology On-Call Services"to two consultants: Executive Alliance Group,
Inc. and HyperTeam USA Business Consulting,Inc.to provide supplemental information
technology(IT) services on an as needed basis. (Commissioner Henning's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
April 26,2016
Page 2
Note:
Item 16J1: 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 March 31 to April 13,201x6 pursuant to Florida Statute
136.06. (Clerk's Minutes and Records Department request)
Commissioner Fiala will need to excuse herself from the meeting from 11:15 till after the lunch-
break.
Time Certain Items:
Item 11F to be heard at 9:45 a.m.
Item 14B1 to be heard at 10:00 a.m.
Item 10B to be heard at 11:00 a.m.
5/6/2016 4:41 PM
April 26, 2016
Item #2B and Item #2C
MINUTES FROM THE MARCH 22, 2016 BCC REGULAR
MEETING AND THE APRIL 5, 2016 BCC GATEWAY TRIANGLE
CRA AND IMMOKALEE CRA WORKSHOP — APPROVED AS
PRESENTED
MR. OCHS: Ma'am, we have Item 2B, which is approval of your
March 22, 2016, regular meeting minutes.
CHAIRMAN FIALA: Should have said County Manager.
COMMISSIONER NANCE: I make a motion we approve the
BCC regular meeting minutes of March 22nd and the April 5th BCC
Bayshore Gateway Triangle and Immokalee CRA workshop minutes.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay, second. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: (No verbal response.)
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good. Moving on.
Item #3A
SERVICE AWARDS - EMPLOYEE
MR. OCHS: Yes. That takes us to service awards. If the
commissioners will join us in front of the dais, please, and we'll
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April 26, 2016
recognize our award winners.
Commissioners, we're pleased this morning to recognize several
of our dedicated employees for years of service with Collier County.
We have two employees that we'll begin with this morning
celebrating 20 years of service with county government. First from
your library division, Sharon Keshock. Sharon?
(Applause.)
CHAIRMAN FIALA: Come stand right here. We're going to
take some pictures.
(Applause.)
MR. OCHS: Celebrating 20 years with our Operations and
Regulatory Management Division and Growth Management, Annis
Moxam.
(Applause.)
MR. OCHS: Congratulations.
We have two associates celebrating 25 years of services with
county government this morning. The first from our Community and
Human Services Division is Debbie Maxon.
(Applause.)
MR. OCHS: Celebrating 25 years of service with EMS, Laurie
McKenney. Laurie.
(Applause.)
MR. OCHS: We have two associates celebrating 30 years of
service with county government this morning. First from our EMS
Division, Rich D'Orazio. Rich?
(Applause.)
MR. OCHS: Rich and I both had black hair when we started this
thing.
Our next 30-year awardee, also from EMS, is our EMS Chief,
Walter Kopka.
(Applause.)
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April 26, 2016
MR. OCHS: Our next recipient celebrating 35 years of service
with county government also from our EMS Division, Bill Peplinski.
Bill?
CHAIRMAN FIALA: You don't look old enough to be here 35
years.
MR. OCHS: Congratulations.
(Applause.)
Item #3B
SERVICE AWARDS — RETIREES
MR. OCHS: Commissioners, we have two recent retirees that
we'd like to recognize this morning. The first having served 13 years
with county government before retirement from Information
Technology, Jim Young. Jim?
(Applause.)
MR. OCHS: Get your picture.
(Applause.)
MR. OCHS: Congratulations, Jim.
Our next retiree to be recognized this morning, having served 31
years with Collier County Government, from our Engineering and
Natural Resources Department, Bill Lorenz. Bill?
(Applause.)
MR. OCHS: That concludes our service awards this morning,
Commissioners. Thank you.
(Applause.)
Item #4
PROCLAMATIONS - ONE MOTION TAKEN TO ADOPT ALL
Page 16
April 26, 2016
PROCLAMATIONS
Item #4A
PROCLAMATION RECOGNIZING THE 65TH ANNUAL
NATIONAL DAY OF PRAYER, A DAY SET ASIDE BY
CONGRESS FOR ALL AMERICANS TO UNITE IN PRAYER TO
GIVE THANKS FOR THE MANY BLESSINGS OUR COUNTRY
HAS RECEIVED. ACCEPTED BY REPRESENTATIVES FROM
FIRST BAPTIST CHURCH OF NAPLES, NEW HOPE
MINISTRIES AND THE SALT & LIGHT ADVISORY COUNCIL
— ADOPTED
MR. OCHS: Madam Chair, that moves us to proclamations.
Item 4A is a proclamation recognizing 65th annual national day
of prayer, a day set aside by Congress for all Americans to unite in
prayer to give thanks for the many blessing our country has received.
To be accepted this morning by Pastor Michael Smith, New Hope
Ministries; Pastor Tom Harris, Sunrise Church; and Greg Harper,
cofounder of the Salt & Light Advisory Council.
If you'd please step forward and receive your proclamation.
(Applause.)
CHAIRMAN FIALA: Now we only have one. How are you
guys going to split -- we better give you each one.
MR. HARPER: So the National Week of Prayer is next week,
Thursday --
MR. OCHS: Sir, I'm sorry. Would you give your name for the
court reporter.
MR. HARPER: Okay. I'm sorry. My name's Greg Harper. And
I just wanted to say that next week Thursday is the National Day of
Prayer. There are two local events that I know of, and I want to just
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April 26, 2016
make you aware of it. Right here at the county courthouse at noon;
that prayer event was organized by First Baptist Church, and then in
the evening at 7 p.m. at the community -- Golden Gate Community
Center at the bandstand that was organized by New Hope Ministries. I
hope you'll come if you can. Thank you. And thank you.
(Applause.)
Item #4B
PROCLAMATION DESIGNATING MAY 1-7, 2016 AS
NATIONAL CORRECTIONS OFFICER WEEK IN COLLIER
COUNTY. ACCEPTED SHERIFF KEVIN RAMBOSK, CHIEF
CHRIS ROBERTS, CAPT. BETH RICHARDS, CMDR. KEVIN
MCGOWAN, CMDR. PATRICIA GIFFORD AND MANY OTHER
CORRECTIONS OFFICERS AND NAPLES JAIL CENTER
STAFF — ADOPTED
MR. OCHS: Item 4B is a proclamation designating May 1st
through 7th as National Corrections Officer Week in Collier County.
To be accepted by Sheriff Kevin Rambosk, Chief Chris Roberts,
Captain Beth Richard, Commander Kevin McGowan, Commander
Patricia Gifford, and many other corrections officers and Naples Jail
Center staff.
(Applause.)
CHAIRMAN FIALA: You've got a lot of equipment on, there.
SHERIFF RAMBOSK: Good morning, Commissioners. Kevin
Rambosk, Collier County Sheriff.
It is my honor to represent our deputies assigned to the
corrections division. As you know from previous conversations we've
had, they provide one of the most critical functions we have in law
enforcement in Collier County, because once those offenders,
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April 26, 2016
particularly the violent ones, are arrested and placed in jail, it is their
responsibility to safeguard them and the rest of us so that we can go
home and sleep at night.
So congratulations, everybody, and thank you very much for the
recognition. Congratulations.
(Applause.)
Item #4C
PROCLAMATION DESIGNATING TUESDAY, APRIL 26, 2016,
AS CCPS PROUD DAY IN COLLIER COUNTY. ACCEPTED BY
COLLIER COUNTY SCHOOLS SUPERINTENDENT KAMELA
PATTON, DEPUTY SUPERINTENDENT DAVID STUMP,
ASSOCIATE SUPERINTENDENT LUIS SOLANO AND
ASSISTANT SUPERINTENDENT PEGGY ALINE — ADOPTED
MR. OCHS: Madam Chair, Commissioners, the next
proclamation is Item 4C. This is the proclamation designating April
26, 2016, as Collier County Public School Proud Day in Collier
County. To be accepted -- and before you come up, I'll read who you
are, but don't come up yet. To be accepted by Collier County School
Superintendent Kamela Patton, Deputy Superintendent Dave Stump,
Associate Superintendent Luis Solano, and Assistant Superintendent
Peggy Aune.
And the Chair, at Commissioner Taylor's request, has allowed me
to read this proclamation before we bring you up so the audience here
and at home watching on television can hear about the great work that
our public school district does in Collier County.
And the proclamation reads as follows:
Whereas, Collier County Public Schools is proud to serve over
46,000 students; and,
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April 26, 2016
Whereas, Collier County Public Schools is the largest employer
in Collier County with over 7,000 employees who are dedicated to the
children of Collier County; and,
Whereas, Collier County Public School students represent diverse
demographics including, but not limited to, 63 percent of students
receiving free and reduced lunch, 52 percent of students coming from
non-English speaking homes, and students representing 86 different
languages; and,
Whereas, Collier County Public Schools prioritized student
success by allocating 97.09 percent of the General Fund directly to
schools; and,
Whereas, Collier County Public Schools has successfully ushered
in new state mandates including new teacher evaluations, new
administrator evaluations, new performance pay, new Florida state
standards for teaching, a new Florida state assessment, and a new
Florida state accountability system; and,
Whereas, Collier County Public School focuses on a pathway for
all students after graduation with an emphasis on science, technology,
engineering, arts, and math and college and career readiness; and,
Whereas, Collier County Public Schools has a strong program for
exceptional student education with outstanding programs for students
with disabilities and for students who are gifted; and,
Whereas, Collier County Public Schools has continued to increase
the graduation rate of students from 72.5 percent in 2011 to 84.3
percent in 2015; and,
Whereas, Collier County Public School students have increased
performance on state tests as evidenced by the percentage of students
meeting or exceeding the state average from 33 percent to 91 percent
from 2011 to 2015 respectively; and,
Whereas, Collier County Public Schools has been recognized as
an "A" school district in the state of Florida.
Page 20
April 26, 2016
Now, therefore, be it proclaimed by the Board of County
Commissioners of Collier County, Florida, that Tuesday, April 26,
2016, be designated as Collier County Public School Proud Day.
Done and ordered this 26th day of April, Board of County
Commissioners, Collier County, Florida, Donna Fiala, Chair.
If you'd please step up, Superintendent, and receive your
proclamation.
CHAIRMAN FIALA: Thanks for letting the kids come to the
pickle ball games today.
(Applause.)
DR. PATTON: Thank you.
COMMISSIONER HILLER: You're not going to say a word?
CHAIRMAN FIALA: Would you like to say a little something?
DR. PATTON: Absolutely. So we first want to say thank you so
much for recognizing all the work that we've been able to do with the
children. It's always a collective effort. Often with you, the county,
with our parents, with our wonderful community members and
teachers, but thank you for taking the time to recognize all the different
achievements because it's more than just data points. Kids are actually
needing a pathway to know what they're going to do afterwards, and
it's a collective effort. So a big thanks for recognizing us today.
(Applause.)
COMMISSIONER HILLER: Superintendent Patton, thank you
for all you're doing. I mean, what you've done with the school system
since you've taken over has been nothing short of miraculous.
I have two children, both a product of the public school system,
both -- my son graduated from Barron. My daughter, I hope, is going
to graduate.
DR. PATTON: Yes.
COMMISSIONER HILLER: Actually, she's going to graduate,
like, with --
Page 21
April 26, 2016
DR. PATTON: Very well.
COMMISSIONER HILLER: Incredibly well.
My -- I am -- the education they have received is nothing short of
exemplary. I can't imagine another school they could have ever gone
to and have received the education at the level of quality that they
received at Barron, which is representative of all the other schools in
the county.
So, personally, I want to thank you and all the teachers and all the
principals and all the guidance counselors because it's unbelievable. I
mean, if I knew a quarter of what my kids know as a result of
graduating from the Collier County Public School system, I'd be a lot
smarter today. So thank you.
DR. PATTON: Thank you.
COMMISSIONER HILLER: And, by the way, my son is
graduating this weekend from Florida State thanks to you guys, with a
degree in entrepreneurship, even better. So he's going to go to law
school, and thank you for prepping him for that. And I hope -- I hope
my daughter goes into the Navy. That's where she's headed, so...
CHAIRMAN FIALA: Dr. Patton, will you be at the awards
ceremony tomorrow for the entrepreneur program over at Lely High
School?
DR. PATTON: I'm sure planning on it.
CHAIRMAN FIALA: Good, good. Okay. I'll see you there.
DR. PATTON: We're very proud about that, because we're the
pipeline for your Accelerator program for our kids to start right in high
school, because we know they can come right back here, go on, or start
a business. So we're really proud of that.
COMMISSIONER HILLER: And the accelerator program is
unbelievable. I mean, what it has done in terms of germinating
companies, startup companies in this community, has been absolutely
out of this world.
Page 22
April 26, 2016
In fact, I believe -- correct me if I'm mistaken, Nick, but I think
we've got 31 companies that are incubating right now here in Collier
County, and these are not minor companies. They're -- they've got
significant product that, you know, have potential to really make a lot
of money and hire a lot of people.
DR. PATTON: Our entrepreneur teachers actually went and
toured it on (sic) January when we had them all in for a day training, so
that was one of our stops, just to go let them see firsthand how it is.
COMMISSIONER HILLER: And if they want to come back
again and again, it would be great.
CHAIRMAN FIALA: We can't keep talking like this because
she's not on the microphone, you know.
COMMISSIONER HILLER: That's true. Kamela, I mean --
CHAIRMAN FIALA: Thank you very much.
COMMISSIONER HILLER: What can I say?
DR. PATTON: Thank you, guys. We appreciate it.
Item #4D
PROCLAMATION DESIGNATING MAY 7, 2016 AS "STUFF
THE BUS DAY" IN COLLIER COUNTY, IN RECOGNITION OF
A COMMUNITY EFFORT TO "STUFF THE BUS" WITH NON-
PERISHABLE FOOD TO REPLENISH THE LOCAL FOOD
BANK AND FEED THE HUNGRY. ACCEPTED BY STEVE
CARNELL, PUBLIC SERVICES DEPARTMENT HEAD;
MICHELLE ARNOLD, PUBLIC TRANSIT AND
NEIGHBORHOOD ENGAGEMENT DIVISION DIRECTOR;
OMAR DELEON, COLLIER COUNTY PUBLIC TRANSIT
SENIOR PLANNER; KAROLE DAVIS, MANAGER WITH
HARRY CHAPIN FOOD BANK; ALLAN CROCKETT, PUBLIX;
STEVE SANDERSON, UNITED WAY EXECUTIVE DIRECTOR;
Page 23
April 26, 2016
SPENCER SMITH, UNITED WAY COMMUNICATION
MANAGER, ANN BARES, UNITED WAY VICE-PRESIDENT OF
VOLUNTEER ENGAGEMENT, AND BOARD MEMBERS OF
THE UNITED WAY, BRANDON BOX AND TOM DONAHUE —
ADOPTED
MR. OCHS: Item 4D is a proclamation designating May 7, 2016,
as Stuff the Bus Day in Collier County in recognition of a community
effort to stuff the bus with nonperishable food to replenish the local
food bank and feed the hungry. To be accepted by Steve Carrell,
Pubic Services Department Head; Michelle Arnold, Public Transit and
Neighborhood Engagement Division Director; Omar Deleon, Collier
County Public Transit Senior Plan; Karole Davis, Manager with Harry
Chapin Food Bank; Allan Crockett with Publix; Spencer Smith and
Elizabeth Morano with United Way. And congratulations.
(Applause.)
MS. MORANO: Thank you, Commissioners. I'm Elizabeth
Morano, Senior Vice President with the United Way of Collier County.
We just wanted to thank you-all for your incredible support. We
could not do our stuff-the-bus event without CAT and your amazing
leadership at CAT. This is a true community partnership. This is our
third year doing it. Last year we were able to solicit donations of over
14,000 pounds of food.
And I'm sure you're all aware, we have over 40,000 individuals in
Collier County who are food insecure.
So as we head into these summer months when our students are
no longer receiving the free and reduced lunch, it matters so much
more. So we're proud of our partnership with Publix and with Harry
Chapin and with CAT. We could not do it without that whole
community support.
Thank you, all.
Page 24
April 26, 2016
Item #4E
PROCLAMATION DESIGNATING APRIL 30, 2016 AS
COMCAST CARES DAY IN COLLIER COUNTY, IN
RECOGNITION OF COMCAST'S EFFORTS TO BRING
TOGETHER MORE THAN 200 VOLUNTEERS TO BEAUTIFY
THE CINDY MYSELS PARK IN EAST NAPLES. ACCEPTED
BY JUSTIN DAMIANO REPRESENTING COMCAST; LOIS
FERGUSON REPRESENTING BIG BROTHERS BIG SISTERS;
HECTOR GONZALEZ REPRESENTING GULF COAST LITTLE
LEAGUE; AND SUSAN MCMANUS REPRESENTING
CHAMPIONS FOR LEARNING — ADOPTED
MR. OCHS: Item 4E is a proclamation designating April 30,
2016, as Comcast Cares Day in Collier County in recognition of
Comcast's efforts to bring together more than 200 volunteers to
beautify the Cindy Mysels Park in East Naples. To be accepted by
Justin Damiano representing Comcast; Lois Ferguson representing Big
Bothers Big Sisters; Hector Gonzalez representing Gulf Coast Little
League; and Susan McManus representing the Champions for
Learning.
Please step forward.
(Applause.)
CHAIRMAN FIALA: By the way, the Cindy Mysels -- I think
that's how you say her name -- the park is named after her, and it
started out with the Gulf Coast Little League park, so you can kind of
get an idea of where it's located now.
(Applause.)
MR. DAMIANO: My name is Justin Damiano. I work for
Comcast handling their community affairs in Collier County.
Page 25
April 26, 2016
I'd just like to say thank you to the Commission for recognizing
this great day of service.
What's unique about Comcast Cares Day is it brings together
community partners not only to serve side by side and give back to a
great community park like Cindy Mysels Park but also they can raise
money for their respective organization.
So, actually, we've got representatives like from Champions for
Learning, Susan McManus; Lois Ferguson from Big Bothers Big
Sisters, and she has a board member, Doug Biddenmore (phonetic) --
did I get that right? And, of course, our -- the reason for our work at
Cindy Mysels Park is Hector Gonzalez, his son Hector, as well as
Isaiah Walton with the Gulf Coast Little League.
So they'll be working side by side to raise money for their
organizations as well as give back and beautify the park.
I've got to tell you, Commissioner, if I could echo your remarks
about Kathy at the parks and recreation department; she's just terrific.
And so it's been great to work with them. Thank you very much.
(Applause.)
CHAIRMAN FIALA: Yes. What he's talking about is they have
worked team work together to transform that park into something that
was mediocre to something that is outstanding, and there's parking, and
there's safety features to get the kids across the street. It's just been
wonderful.
And, Hector, you've been there all along rooting them on and,
Kathy, thank you for all you've done, and same with Barry Williams.
It's a great -- those kids are just wonderful. And these are the kids
we're giving a good start to life.
And I appreciate all you've done. Thank you.
MR. OCHS: Madam Chair, if I could get a motion to approve
today's proclamations, please.
COMMISSIONER NANCE: So moved.
Page 26
April 26, 2016
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay. Motion and a second. All in favor?
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Very good. 4-0.
COMMISSIONER TAYLOR: Madam Chair, Madam Chair,
sorry. I'm going to disrupt this meeting because, unbeknownst to our
Chairwoman and pickle ball beacon, Donna Fiala, a topnotch
competition was staged on Saturday, and I was graciously allowed to
photograph it with my phone. Apologies to all, but this was a
last-minute match, and my camera was left at home.
And here we have Margo Bishop on the right. Look. And there's
Barry.
CHAIRMAN FIALA: Dennis.
COMMISSIONER TAYLOR: Dennis is there. Nick. Now, Nick
is learning to serve. He didn't quite know how to serve, so they taught
him. And look at the form of Barry.
MR. OCHS: Excellent.
CHAIRMAN FIALA: Did he leave the room already? He's not
even seeing his picture.
COMMISSIONER TAYLOR: And I think we have a little clip
here. Here they are in action.
CHAIRMAN FIALA: That's what the park's looking like now.
MR. MILLER: Buffering. Well, there you go.
COMMISSIONER TAYLOR: Okay. Thank you.
MR. OCHS: All right.
Page 27
April 26, 2016
CHAIRMAN FIALA: Well, thank you. That was so nice.
(Applause.)
MR. OCHS: Madam Chair, I know the Board had indicated they
were going to hear Items 10D and 10E immediately after the
proclamations. I did want to remind the Board that we had scheduled
the item on the legislative presentation for 9:45 because one of our
presenters has to catch an early afternoon flight across the state.
So, Commissioner Hiller, if you may be so kind as to allow that
presentation to move forward before your items, we would appreciate
it. We're at your mercy.
COMMISSIONER HILLER: Are you begging?
MR. OCHS: Yes, ma'am, pretty much.
COMMISSIONER HILLER: Well, I mean, sure.
MR. OCHS: Thank you.
Thank you, Madam Chair.
COMMISSIONER HILLER: Actually, I think I should say no
just so they stay, because I really love these people, so we should just
go, no, skip your flight.
MR. OCHS: Some of them are --
COMMISSIONER HILLER: Stay with us.
MR. OCHS: Some of them are on the clock, ma'am, so the
sooner the better.
Item #11F
STAFF REPORT ON THE COUNTY'S 2016 STATE & FEDERAL
LEGISLATIVE PRIORITIES — MOTION TO ACCEPT REPORT —
APPROVED
MR. OCHS: So we're moving to 11F, and that is the 9:45 a.m.
time-certain. It's a recommendation to accept the staff report on the
Page 28
April 26, 2016
county's 2016 state and federal legislative priorities. Brandon Reed,
your Legislative Affairs Coordinator, will begin the presentation.
MR. REED: Good morning.
I'm so happy that we started the meeting with exceeding
expectations, because that's exactly what your legislative affairs
platform has done. I'm here today with our federal and our state
lobbyists. I'm also joined with Lisa Hurley from the Florida
Association of Counties. We're going to keep this very brief. I
provided you all the information in your backup materials, and if you
have questions, we're here to take them.
I'm going to allow Lisa to give you an overview of what's
happening across the state which is in reference to what we will try to
be planning towards for 2017 priorities.
I just want to mention briefly that in this brochure, we received
$2.75 million in direct contributions from the Florida Legislature this
year. So that's a huge accomplishment, and I think that that goes to the
motto that we began the meeting with, which was exceeding
expectations.
Also at the federal level, we're exceeding expectations by
cultivating new relationships with agency staff as well as cultivating
relationships with congressional staff to really help move our platform
forward.
So with that being said, thank you so much for giving me the
tools to be successful, and I'm happy to turn it over to Lisa.
MS. HURLEY: Good morning, Chair Fiala, Commissioners. My
name is Lisa Hurley, and I'm the Legislative Director for the Florida
Association of Counties.
Thank you so much for inviting me down to beautiful Collier
County. I have to admit that most of the time I see you it's because
you come see me. You take the time out of your days to travel all the
way to Tallahassee to advocate on behalf of not only your Collier
Page 29
April 26, 2016
County specific items but also statewide county items, and you also
take the time to come to our conferences.
And so -- but having said that, given the level of hospitality I was
shown by your staff yesterday since I've been in town, I can assure you
I'm going to be getting down here a heck of a lot more often.
So I was invited here today to provide you kind of a recap of the
2016 legislative session as it pertains to county matters on a statewide
level.
But before I do that I really have to stop and take a pause to both
congratulate you and to thank you for putting together such an
exceptional team. Your team is professional; they're engaged; they're
dedicated. I mean, they really care about the core mission of county
government, which is to preserve home rule authority.
Brandon Reed has been a tremendous addition to your team. And
while he's been in his position not for a very long time, he's by no
means a novice. He quickly immersed himself in the FAC family, and
he was instrumental in advancing many of our initiatives this year.
And I know Tim's in the room; Tim Durham. I cannot say
enough about him. I worked very closely with him on the DJJ issue
this year, and he is always one of the first persons to respond when
FAC reached out to our counties for information.
And then that leads to your contract lobby core. You've got Keith
Arnold and Brett Bacot and Burt Saunders, and they lend so much of
their time and effort to statewide issues, and I want to thank you for
allowing them to do it. I look to those three men for their guidance to
help with strategy and for the relationships not only with your
delegation but other members of the legislature. So thank you very
much.
So how did the -- oh, and I would be very remiss. Chair Fiala,
Commissioner Hiller, thanks for taking -- thanks for traveling to
Tallahassee as often as you did this session. You came up for our
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April 26, 2016
legislative day. You met with our legislators.
You know, your lobbying core can meet with these guys all the
time and, obviously we are effective, but there's nothing more effective
than getting our local elected officials with our state officials.
So thank you very much for your dedication to your county and
the Florida Association of Counties of.
So how did the counties fare this session? Let me first say, the
Association of Counties had unprecedented access to the governor and
his staff this year, and without the governor's support on several of our
issues, we would not have been successful.
Kim McDougal, who was his legislative director this past year, is
now his chief of staff. And I share that with you because that's very
good news for the counties for the next two years.
And so if we judge our success of our session by our priorities, I'll
tell you, we did pretty darn well. We delivered on six of the seven of
our priorities.
And our priorities were not developed by staff but rather by you.
Our priorities are developed through our policy conferences, of which
you guys attend. Chair Fiala, you get five gold stars. Because I looked
back on your attendance record, and ever since I've been with FAC,
you've been to every single one of our legislative and policy
conferences.
And I say that because it's so important because we want our
counties to drive our agenda. We don't want staff to drive agenda, and
so it's critical to have your input so FAC can be successful for you.
And so over the course of three conferences, our membership
voted on seven priorities and here they are, and this is how we did.
The first one, juvenile detention cost shares, Senate Bill 1322. I
know you all are so very familiar with this issue because it's an issue
that's been out there for 12 years now, an issue that's been litigated for
12 years now. And I'll tell you, the perseverance of our counties by
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April 26, 2016
litigating this issue paid off because without the litigation we would
not have passed the legislation we did this year. So it certainly served
its purpose.
There were some members of the legislature that were a little sore
at us for the litigation. But, again, that drove us to the place that we
were -- that we are today.
And so we had Senator Jack Latvala sponsor Senate Bill 1322. It
was our third year in a row that we had legislation filed to try to fix the
billing model, and I really do believe he was the difference maker this
year. If anyone knows Senator Latvala, once he focuses on a mission,
it's hard to get him off.
And we also had the governor's support. This was the first year
we had the governor that was actively out there advocating for the
passage of the legislation. And so as it stands, it is now the law, and
we believe we have fixed the horrible billing model that we've been
billed under for 12 years.
So we're moving away from that projection-based billing model.
You're no longer going to be billed on guestimates. There's no more
reconciliation process, but rather you're going to be paying on actual
costs, your prior year's actual costs.
Right now we are in the process of collecting for those counties
that have pending litigation. They are dismissing their lawsuits
voluntarily with prejudice, and then every county, even if they didn't
have pending litigation, we are collecting waivers and releases from
them for any actions that existed prior to the fiscal year '16/'17.
We have a goal of submitting them all to DJJ by like May 15th,
and DJJ says or indicates that they'll be in a position to actually send
you your '16/'17 billing information before June 1st.
Chair Fiala, and, again, Commissioner Hiller, I know you both
personally had conversations with Senator Latvala and the rest of your
delegation on the passage of this historic legislation, and thank you for
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April 26, 2016
your efforts.
And to end, we're working with the governor's office right now to
have a ceremonial bill signing at our annual conference in Orlando. So
more on that later.
Another one of our priorities was what we called the relocation of
utilities. It ended up being Senate Bill 416. This is one that we really
-- you know, we scored a win early on in session. This was legislation
that we saw the prior year that really sought to shift a lot of costs to
counties for moving utilities, private utilities, out of county
right-of-ways if a county works project interfered.
So we worked hard over the summer with the industry, and early
in the session it was agreed that that provision of the bill was taken out.
And so as the bill passed, it doesn't have the unfunded mandate in it.
Another one of our priorities is we were seeking a comprehensive
water policy legislation, and after years of negotiating, we finally got it
passed; Senate Bill 552. A very lengthy piece of legislation that
contains a bunch of different components. Those included would be
our conservation lands. That requires DEP to publish an updated
database of state lands.
It contains alternative water supply pilot programs within our
water management districts. We've established minimum flow levels
for our springs, and then we also have base -- basin management
programs for Lake Okeechobee watershed, St. Lucie, and the
Caloosahatchee River projects. We also had some legislation in place,
provisions of the bill in place that seeks to have remediation plans for
our Florida springs.
Kind of a nice segue into the next priority was the implementation
of Amendment I. This year we actually had a substantive bill on it. It
was House Bill 989, and it's been termed the Florida Legacy Bill. And
this legislation seeks to provide long-term funding out of the
Amendment I revenues for three things: At least $200 million a year
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April 26, 2016
for Everglades projects, $50 million per year for springs protection,
and $5 million recurring for Lake Apopka. That's just a portion of the
Amendment I funds.
Separate and apart from that legislation, you had over $900
million in Amendment I funds that are appropriated across four
different agencies. We did do a line-by-line breakdown of where the
funds are, and that's on our website, if you'd like to take a look at that.
But in the same note, what I think is important for the counties, is
with regard to funding for beach renourishment, we saw an uptick of
$4 million this year. We're at $32 million for beach renourishment.
That's a mix of Amendment I funds and general revenue funds. We
also saw 61 and a half million dollars for water projects. That is a $15
million decrease from the year before. The governor did veto about
$20 million worth of water projects, but that's where we ended up.
Another one of our priorities, tax reform, and what started out as
this huge $1 billion tax package was greatly whittled down during
session. And I'm happy to report that the anticipated fiscal impact to
the counties is a little over $8 million recurring, so that's huge.
So where that recurring is coming from is, number one, there's a
sales tax exemption on manufacturing equipment. There's been a
temporary exemption on that for the past three years, so you've already
absorbed that hit, and that's about an $8 million hit. But they just made
that sales tax exemption permanent.
So that's the biggest chunk out of the tax package that passed, and
then you've got a back-to-school sales tax holiday. It started out a
10-day; it dropped down to three days. It starts August 5th through the
7th, and that's $3.2 million in nonrecurring.
You also had two little, small sales tax exemptions for -- on food
and beverages sold by qualified veterans organizations. It's really
small fiscal but for such a great cause. It's about $120,000 a year, and
then also reducing the index tax on manufactured asphalt for public
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April 26, 2016
works projects; again, about 120,000 recurring. So overall we fared
really well.
The last priority, and this is the one we weren't able to deliver on,
unfortunately, and that was our economic development priorities. We
had, really, two prongs under that, and that is to re-establish the film
and entertainment incentive program and then to fund the governor's
Enterprise Fund.
So, again, our great friend and county champion, Senator Latvala,
did roll out a bill, Senate Bill 1646, that would have fully funded the
governor's Enterprise Fund at $250 million and also would have
revamped the film and entertainment incentive program but,
unfortunately, that bill died, and I will tell you flat out, that just came
down to just a difference in philosophy over in house leadership.
It is -- it is entrenched in the leadership in the house, particularly
with the incoming speaker designate Richard Corcoran, that the best
way to enhance economic development is not through incentive
programs -- they deem that corporate welfare -- but rather through tax
cuts and regulatory reform.
And so I think the next two years are going to be kind of rocky
for us for any sort of new incentive monies, and what I think we will
see out of the House is probably further efforts to limit our ability to
assess impact fees and further tax cut relief.
Those are our seven priorities. In the interest of time, I mean,
there's so many other pieces of legislation that passed that benefited the
county. We did a full webinar for our members, and that is posted
online, if you want to take a look at that.
But I do want to mention that almost as important as the bills that
passed were the bills that didn't pass. We went into this session facing
over 40 pieces of legislation that either tried to preempt your home rule
authority, would have passed on unfunded mandates to you, or sought
to cap your ability to assess property taxes, your main source of
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April 26, 2016
revenue.
And I'm happy to say that most of those bills didn't pass. But
that's a great way of saying, that's not an unusually high number. And
so that highlights the importance of counties sticking together and
banding together and in storming the hill, so to speak, because FAC
can't do it alone, and not one county can do it alone.
And so that's why your participation in the process with your
lobbying core and with you individually coming to Tallahassee is so
important.
And with that, I just want to do a plug for our annual conference
because I have to because I'm really excited about it. It is July (sic)
28th to July 1st. It's Hyatt Regency Orlando. It will start on Tuesday,
Gulf Consortium. I know Chair Fiala and Commissioner Taylor,
you're already registered for it. Thank you very much.
But I'm really excited about it because we're being very
aggressive in starting our policy discussions this year. We're going to
have 17 different breakout sessions, and we're going to cover
everything from Zika, to the opioid epidemic, to water, to our roads,
economic development.
So hopefully you can come join us. Happy to answer any
questions. But I just want to thank you again, Collier County, for your
dedicated support of FAC and our statewide initiatives.
CHAIRMAN FIALA: Thanks. I have a couple lights on.
Commissioner Henning?
COMMISSIONER HENNING: Do we know if studying the
effects of fracking is going to be funded? Is it in the 2016/'17 budget?
MS. HURLEY: If I may, Madam Chair?
CHAIRMAN FIALA: Sure.
MS. HURLEY: Okay. You know, it's not in the budget and, you
know -- and that would have -- that -- the fracking legislation has been
just one of the most emotionally driven debates that we've seen.
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April 26, 2016
COMMISSIONER HENNING: Look at the players.
MS. HURLEY: Yeah -- in Tallahassee. And what would have
been a perfect outcome would have been if the legislation would have
passed with a study and money. But right now nothing was put in the
budget for it. And I don't know if we're going to see legislation next
year or not. It's --
COMMISSIONER HENNING: Well, if it could be funded to
study it so it's a fact-based outcome instead of an emotional outcome,
those fear mongers, what else would they have to talk about? They
wouldn't.
So I think from that you would gain some legislation to help
protect the people because right now we don't have anything to protect
the people on that new technology. There's nothing there.
MS. HURLEY: I know.
COMMISSIONER HENNING: And that's a shame that DEP is
not able to protect natural resources and the public's resources because
of the fear mongers out there that -- there's no science behind it.
MS. HURLEY: And we would certainly embrace and welcome a
Florida-specific study on fracking, and I think that's what's needed.
COMMISSIONER HENNING: Yeah. That's exactly what's
needed, because that's what everybody's afraid of is the unknown;
however, Collier County's experts says there's nothing to worry about.
So it needs to be studied through the whole state since it's a regulatory
agency within the state of Florida that is regulated for everybody.
MS. HURLEY: Yeah. And, certainly, that sounds like certainly
a position that we should work on and develop in the next few months
leading up until the 2017 session.
COMMISSIONER HENNING: Just fund it. Thank you.
MS. HURLEY: You're welcome.
CHAIRMAN FIALA: Commissioner Hiller, I'm going to run out
for just a second, so I'm turning it over to Commissioner Nance as the
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April 26, 2016
vice-chair.
COMMISSIONER HILLER: Yeah. I want to thank you and
FAC for everything that you've done in -- for fighting on behalf of our
counties, our county and all the other counties out there.
You really have done an outstanding job lobbying on our behalf,
and you have been preserving home rule and you have been ensuring
that we are not going to be facing unfunded mandates and other
legislation that could financially burden us as well as limit our ability
to protect our local interests.
So I personally just wanted to thank you. You've -- you know,
you've really demonstrated exemplary leadership of FAC since you've
taken over, and it's been a pleasure working with you.
MS. HURLEY: Thank you so much, and it does take a team.
Thank you.
COMMISSIONER HILLER: It does. It very much does. But it
also takes leadership.
MS. HURLEY: Thank you.
COMMISSIONER NANCE: Yes, ma'am. I would also like to
thank you for your presentation. I think this is a wonderful staff report
that outlines everything very succinctly and very clearly. I'd like to
thank everybody for your good work on that.
You know, one thing that I do want to mention that wasn't
touched -- and I know you can't touch everything in this presentation,
but I'd like to point out the success that we did achieve in continuing
our support for the University of Florida Institute of Food and
Agricultural Sciences, Southwest Florida Research and Education
Center in Immokalee, and also the $2 million in funding that we got
through the legislature and approved by the governor and the great
work that it took from our legislative delegation, our lobbyists,
members of the Board of County Commissioner that went and
advocated strongly for these programs.
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April 26, 2016
This relationship that I think is in its infancy, really, compared to
its overall potential, is extraordinary, and I'm going to distribute a little
more information under public comments today about this.
But, I mean, this expanding relationship that we have to work
with the University of Florida and particularly vice president Jack
Payne at IFAS in Gainesville, and Dr. Calvin Arnold, the center
director at the University of Florida, has got extraordinary potential not
just for our economic development programs in Immokalee and our
accelerator, with which they're completely integrated, but also for
natural resources management. The things that they're doing together
with the Big Cypress Basin are just extraordinary.
And I thank everybody for working very hard. This is something
we need to continue to nurture. It's got boundless potential.
CHAIRMAN FIALA: Thank you.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I just want to support you
on that, Commissioner Nance, and without the help of FAC and our
state lobbyists, we never would have achieved the success in getting
the $2 million for the accelerator that we did this year.
When you hear that economic development funding was cut
across the state, notwithstanding, we got $2 million, that's very, very
significant. That tells you how the legislature and the governor view
the quality of the accelerator project and the accelerator's partnership
with IFAS and with the state university system.
So, again, thank you. That was a real coup.
MS. HURLEY: That's your team right there.
COMMISSIONER HILLER: It is our team.
MS. HURLEY: That's the one.
COMMISSIONER HILLER: Is our team going to speak to the
state issues? Are you --
MR. OCHS: No.
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April 26, 2016
CHAIRMAN FIALA: First, I would just like to say to Lisa, it's
always a --
COMMISSIONER HILLER: Always.
CHAIRMAN FIALA: -- pleasure working with you. You're
such a great leader for our organization, and the folks don't really
understand what Florida Association of Counties even does, but they
actually, from Tallahassee, protect our interests, and they fight for us.
And most of the time they win, too.
And then, of course, we've got this dynamic team. Brett Bacot,
he's making sure everything is set up in advance so when we get there
all the appointments are made and we have transportation and so forth,
and Brandon who is new with us but it seems like he's been an
old-timer already because he knows every place to go and he knows all
the people. I was amazed at how many people you've already come to
know.
And, of course, our team there of Keith Arnold and Burt
Saunders. They're really great because they open doors for us that
possibly we wouldn't be able to open ourselves.
So I just want to thank all of you for -- any successes we have,
have a lot to do with you. We're just along for the ride.
MR. REED: Thank you so much for the opportunity to serve.
And I also just want to mention that our federal lobbyists, Amanda
Wood and Omar Franco, are here visiting as well, doing great things
on the federal side, too.
And we'll come back with another report that maybe focuses a
little bit more on the federal side next time. Thank you again.
MS. HURLEY: Thank you so much.
COMMISSIONER NANCE: Motion to accept the report.
COMMISSIONER TAYLOR: Second.
CHAIRMAN FIALA: All in favor?
COMMISSIONER TAYLOR: Aye.
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April 26, 2016
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN FIALA: Opposed, like sign.
(No response.)
CHAIRMAN FIALA: That's an easy one, isn't it? Thank you
very much.
COMMISSIONER HILLER: I just want to -- if I can say one
thing to our federal lobbyists since they're here.
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: Thank you.
You have done an outstanding job, and what we have achieved
together as a team in the interest of this community when working with
the Federal Department of Transportation, working with EPA, working
with the White House intergovernmental office, with all the elected
officials that, you know, you took us to visit, it was absolutely
unbelievable. I mean, what we're doing as a result of your
involvement to help Immokalee is over the top, and we are going to
succeed. I mean, we are absolutely going to kick ass, take names, and
we're going to get that federal money back here in Collier County right
over to Immokalee, and we are going to see catalytic change, emphasis
added.
So thank you very much for coming, and thank you for all your
assistance. We're grateful.
Item #10D
RECOMMENDING THE BOARD OF COUNTY
COMMISSIONERS (BOARD) FOLLOW THE PROCEDURES
DETAILED IN § 136.06(1), FLORIDA STATUTES, PERTAINING
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April 26, 2016
TO THE EXECUTION OF CHECKS AND WARRANTS FOR THE
COUNTY - MOTION FOR THE COUNTY MANAGER AND
COUNTY ATTORNEY TO BRING BACK INFORMATION IN
REGARDS TO PROCEDURES AND COMPLIANCE —
APPROVED
MR. OCHS: Madam Chair, that takes us to Item 10D, which is a
recommendation that the Board follow the particular detail in Florida
Statute 136.06(1) pertaining to execution of checks and warrants, and
this item was brought forward by Commissioner Hiller.
COMMISSIONER HILLER: Thank you so much.
Commissioner Fiala, may I speak to this?
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: Thank you. 136.06(1) is a Florida
Statute that makes it clear that the checks and warrants issued by the
Board of County Commissioners have to be executed by the chair and
only attested to by either the Clerk of Courts or a secretary who would
be a member of the Board identify -- you know, voted on by the Board
as secretary. Administratively, it is not a difficult task. There should
be few checks that are signed this way. And the majority of payments
these days is done electronically.
This is a state statute. It is required, and there's a reason it's
required. It's essential to have a separation of functions. The Clerk of
Courts can't control the signature stamp and control the checkbook and
do the bank reconciliations and have the ability to do journal entries;
obviously, that would be a big problem.
So in the interest of the separation of functions and in the interest
of, in effect, creating an internal control through the legislative process,
this law was passed.
What I would suggest is that, Leo, you could work and figure out
the way these checks would be signed. You know, my guess is every
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April 26, 2016
two weeks when the Board is in session the chair can be presented with
those checks. There would be no adverse effect with respect to prompt
payment.
And I would also recommend that the Board appoint one of its
members as secretary to attest to those signatures in the absence of,
say, the Clerk being present to be able to make such attestation. And
attestation doesn't mean signature. It means that they just basically
attest that that is the chair's signature on that check.
Obviously, this is state law, which means other counties follow it.
I don't believe that we have a choice. It's very clear that the other
elements of this statute are also require -- a requirement of this board
as was expressed in the Okaloosa audit.
So I would like to say at this point what I would recommend that
we do is direct the County Manager to make a determination of how
this would work, find out how many actual checks have to be signed
versus, you know, electronic fund transfers that are processed and, you
know, bring that to the Board for approval and tell us what the process
will be so it can -- so, you know, the Board can follow the law. I
mean, it's not a choice. Would that be acceptable, Commissioner --
CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HILLER: -- Fiala, since obviously, you
would be --
CHAIRMAN FIALA: I have some comments myself on this.
COMMISSIONER HILLER: Sure, of course.
CHAIRMAN FIALA: If you don't -- I'll first listen to
Commissioner Henning, though, and then I'll make --
COMMISSIONER HENNING: You're getting all those notes,
right, Leo? Getting -- you're writing all that down?
You're saying that we're doing this because it's the law; however,
in your executive summary, you have not allowed the County Attorney
to opine on your item, and your items are the only ones on the agenda
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April 26, 2016
that hasn't gone through the County Attorney's Office.
COMMISSIONER HILLER: No. It was sent to the County
Attorney's Office --
COMMISSIONER TAYLOR: It wasn't.
COMMISSIONER HILLER: -- and I spoke to the County
Attorney about it.
COMMISSIONER HENNING: Jeff, can I ask you a question
about a court case that went through the Supreme Court, Collier
County Clerk of Courts, Dwight Brock, versus Collier County?
COMMISSIONER HILLER: It didn't go to the Supreme Court.
COMMISSIONER HENNING: Didn't the Supreme Court opine
that the Clerk of the Court is the stewardship of the county's funds?
MR. KLATZKOW: The Supreme Court, which initially had
accepted jurisdiction, eventually declined to hear the case.
COMMISSIONER HENNING: And, therefore, the Second
District's opinion stuck; is that correct?
MR. KLATZKOW: That's correct.
COMMISSIONER HENNING: And in that, the Clerk of the
Court is the steward of the county's funds?
MR. KLATZKOW: Custodian.
COMMISSIONER HENNING: Custodian of the county's funds.
So, therefore, he has the check, checking account. He oversees the
checking account and what funds come out of that checking account?
COMMISSIONER HILLER: No.
MR. KLATZKOW: Yes.
COMMISSIONER HILLER: That's not what it means.
COMMISSIONER HENNING: Okay. So, Madam Chair?
CHAIRMAN FIALA: Yes.
COMMISSIONER HENNING: I have the floor, right?
CHAIRMAN FIALA: Yes, you do.
COMMISSIONER HENNING: Okay.
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April 26, 2016
CHAIRMAN FIALA: Commissioner Hiller, would you just
refrain from comments, please.
COMMISSIONER HILLER: Of course.
CHAIRMAN FIALA: Thank you.
COMMISSIONER HENNING: So did these two executive
summaries from Commissioner Hiller come up to your office so you
can add your opinion on them?
MR. KLATZKOW: They came in very late on Wednesday.
There was really very little opportunity to review them. But having
said that, the statute clearly says that this is an attestation statute. It's
ministerial, all right. It simply says that the signature can be attested
either by the Clerk or the secretary of the board.
COMMISSIONER HENNING: Okay.
MR. KLATZKOW: That's what it says.
COMMISSIONER HENNING: If you have authority -- if you
have authority; is that correct?
MR. KLATZKOW: If you have authority? This statute gives the
authority.
COMMISSIONER HENNING: No. No, it -- the statute --
MR. KLATZKOW: There's a difference between being the
custodian of the account doing a pre-audit and then the function of
simply attesting a signature. The statute is limited to attesting
signatures, which may very well be done electronically. I mean, we're
going to have to go through the process on how we do this anyway
rather than manually.
COMMISSIONER HENNING: Uh-huh. Well, I know that
certain government entities within the county has the authority for a
secretary or treasurer to sign, such as school board, such as special
districts, but -- so the attestation of the chairman's signature -- and you
have two signatures on there; therefore, it could be paid upon, right, by
the chairman and by the secretary of the board? That's what
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April 26, 2016
Commissioner Hiller's saying.
MR. KLATZKOW: I'm just going by the executive summary,
which also ties into 10E, and I think the two of them need to be
reviewed by the County Manager as to the actual process we're using
or the actual process the Clerk is using, I should say.
COMMISSIONER HENNING: But they could be paid on if it
has two signatures on it, right?
MR. KLATZKOW: Yes.
COMMISSIONER HENNING: By the Board of Commissioners.
So the -- what Commissioner Hiller's saying is by the chairman's
signature and then by a secretary of the board, then it could be paid on
-- be paid on.
MR. KLATZKOW: Yes, but it first has to go to the Clerk's
Office. You're looking at the very last --
COMMISSIONER HENNING: It doesn't say that in the statute.
MR. KLATZKOW: But you're looking at the very last part of the
process here where you're simply attesting the chair's signature.
COMMISSIONER HENNING: It doesn't say that in the statute.
Where does it say that in the statute?
MR. KLATZKOW: This is how you draw the money out of the
account. It needs to be signed by the chair and attested by either the
Clerk or the secretary. It's a ministerial action we're fighting over right
now.
COMMISSIONER HENNING: Well, that's what's in the court
right now, correct?
MR. KLATZKOW: No. This has nothing to do with the court
case.
COMMISSIONER HENNING: Well, the ministerial of--
MR. KLATZKOW: That has to do with the County Manager's,
you know --
COMMISSIONER HENNING: Ministerial?
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April 26, 2016
MR. KLATZKOW: -- getting into contracts. It's a different issue,
sir.
COMMISSIONER HENNING: Yeah. Now, is the statute,
103.06, within -- all of it is within the executive summary?
MR. KLATZKOW: I believe it is. That section is cut and pasted.
COMMISSIONER HENNING: The whole part of it? And you
verified --
MR. KLATZKOW: Commissioner, I would have to look at the
statute and double verify it, but what I'm saying is that we are arguing
over a ministerial act that either the Clerk can attest or the secretary
can attest, and I have little doubt that it is done electronically anyway.
COMMISSIONER HENNING: So you're opining on the Florida
Statutes that -- you're assuming what's in the executive summary is all
of it?
MR. KLATZKOW: Commissioner, the statute clearly says that
the check or warrant so drawn shall be signed by the chair of the board
attested by the Clerk or secretary of the board. That's what it says.
COMMISSIONER HENNING: I'm done.
CHAIRMAN FIALA: Okay. Commissioner Nance, I'm --
COMMISSIONER NANCE: Yes. I -- you know, if
Commissioner Hiller would like this to be considered, she has made a
motion, and then I will second it with the provision that what we do is
we allow the County Manager and the County Attorney to take this
under advisement -- it certainly has to be -- the legality of it needs to be
opined on by the County Attorney -- and to bring back something
operational and functional that meets the requirements of the county
and that the Board can consider.
I don't think we can consider this at this time, but I think it's
certainly fair to allow the County Manager and the County Attorney to
examine it and come back to the Board with something.
CHAIRMAN FIALA: So that's your second?
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April 26, 2016
COMMISSIONER NANCE: That's my second, if Commissioner
Hiller --
COMMISSIONER HILLER: And I don't have a problem with
that, but let me just -- if I may.
CHAIRMAN FIALA: Let me just ask you first, will that be part
of your motion?
COMMISSIONER HILLER: Sure.
CHAIRMAN FIALA: Okay, fine.
COMMISSIONER HILLER: But let me make clear that we don't
have an option. The wording of this statute is express. It says, shall be
signed by the chair of said board, attested by the Clerk or secretary of
said board with a corporate seal thereof affixed. It is a "shall" statute,
which means we can't sit here and debate and say, oh, well, we think
we should or maybe we don't really want to or, practically, we don't
like it. It is a state mandate. We must do what this statute provides.
And we need to count on the County Manager to get it done for
us so we're sure that whoever the chair is, is able to sign those checks.
But the County Attorney is also correct in saying that right now the
majority of payments, if not probably all the payments, are made
electronically.
So to the extent that any specific check would come to the chair
for signature, I would think it would be the rare occasion, that it is not
going to be, you know, administratively difficult.
I would also say if the checks -- if payments are not being made,
in large part electronically, then we need to revisit that because they
should be. And that leads to the second item on the agenda, which is
the controls over electronic fund transfers, but we can get to that next.
So to ask the County Attorney and the County Manager to look at
what we as a board need to do operationally in order to be compliant
with 13 6.06(1), I think, is the right direction, and to bring it back at the
next board meeting and tell us how we are going to get this done
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April 26, 2016
because we have to get it done this way.
CHAIRMAN FIALA: Okay. Thank you. I'll tell you, I'm not
thoroughly convinced that this is really the way to go, to be honest
with you, but I'm willing to go along with this vote and have the
County Manager thoroughly vet this and then get back to us. Right
now I'm in doubt that this is the way to go.
COMMISSIONER HILLER: But it's not a question of what we
think, though, because --
CHAIRMAN FIALA: Let me finish.
COMMISSIONER HILLER: -- it is a "shall" statute. Of course.
CHAIRMAN FIALA: So being that I'm not thoroughly
convinced, I'm -- I would be prepared to wait until the County
Manager and his staff thoroughly vet this and then get back to us with
a more informed decision.
Okay. How about you, Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. And I would agree. I would
like the County Attorney, of course, as our interpreting master of the
law, to, you know, render an opinion on it and certainly work with the
County Manager's staff on this issue.
CHAIRMAN FIALA: Look at the smile on his face.
COMMISSIONER TAYLOR: I don't know if it was a smile or a
smirk.
CHAIRMAN FIALA: No, it wasn't.
MR. KLATZKOW: It wasn't a smirk.
CHAIRMAN FIALA: Okay. We have a motion and a second on
the floor. Any further comments?
(No response.)
CHAIRMAN FIALA: Okay. Thank you. All in favor, signify
by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
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April 26, 2016
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: And opposed?
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Okay. And that's a 4-1 vote. Thank you
very much.
Item #10E
THE COUNTY MANAGER TO DEVELOP INTERNAL
CONTROLS OVER ELECTRONIC FUND TRANSFERS (EFTS)
IN CONFORMANCE WITH § 668.006, FLORIDA STATUTES,
AND BRING THE PROPOSED CONTROL MEASURES BACK
TO THE BOARD OF COUNTY COMMISSIONERS FOR FINAL
APPROVAL - MOTION DIRECTING THE COUNTY MANAGER
TO DEVELOP INTERNAL CONTROLS OVER ELECTRONIC
FUND TRANSFERS AND BRING PROPOSALS BACK TO THE
BOARD FOR CONSIDERATION — APPROVED
MR. OCHS: The next item is 10E, and that is a recommendation
to direct the County Manager to develop internal controls over electric
-- excuse me -- electronic fund transfers, and Commissioner Hiller
brought this item forward.
COMMISSIONER HILLER: Yes. May I?
CHAIRMAN FIALA: Okay.
COMMISSIONER NANCE: Commissioner Hiller, can't we just
roll that into the previous motion? I mean, we're covering two things. I
think --
COMMISSIONER HILLER: Absolutely.
COMMISSIONER NANCE: -- the approach is fair.
COMMISSIONER HILLER: I think you're right. And let me just
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April 26, 2016
-- I'd like to get a few words on the record with respect to this
particular item.
It is the Board's responsibility to ensure that there are adequate
internal controls over electronic fund transfers, and it does tie into the
previous item.
And to that end, what I've asked is that we direct the County
Manager to develop those internal controls and bring those back to the
Board for our approval so we're, again, in compliance with Florida
Statute. And, again, it is a "shall" statute, not a "may." We have to do
this.
And so I would ask the Board to accept the motion to direct the
County Manager to develop those internal controls and -- over EFTs
and bring it back to the Board for approval.
And just so you know, this particular lack of controls issue was
something that was highlighted in the Okaloosa audit, and the Auditor
General in its recommendations to Okaloosa County stated that Board
of County Commissioners had to do this in conformance with 668.006,
Florida Statutes.
And so I'm recommending we do the same so we don't find
ourselves in face of being cited with a deficiency by the Auditor
General ourselves, which also ties back with 10D, which also was cited
in -- and in 10D, by the way, the 13 6.06(1), the Okaloosa audit --
Auditor General report didn't reference the signature issue, because I
don't believe that was an issue. They were compliant with that portion
in Okaloosa County, but it did reference the failure to disclose in the
minutes of the board who was paid, how much they were paid, when
they were paid, and what they were paid for, and that it served a valid
public purpose, which is one of the issues that we have been
addressing on this board.
COMMISSIONER NANCE: I will second your motion --
COMMISSIONER HILLER: Thank you.
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April 26, 2016
COMMISSIONER NANCE: --just on the basis, you know, that
your first item was for checks and warrants, and I think -- checks and
warrants, and I think this natural extension to electronic fund transfers
will -- you know, between these two gentlemen here makes common,
ordinary sense to me, so I'll second that.
COMMISSIONER HILLER: Thank you. Thank you very much.
CHAIRMAN FIALA: Yeah. I think it was interesting also that
you referenced or they referenced -- or you referenced Okaloosa,
because that was the one -- I'd never heard that they had a problem
before until the Clerk's Office brought it up. So it was interesting that
one ties in with the other.
COMMISSIONER HILLER: They do.
CHAIRMAN FIALA: Commissioner Henning.
COMMISSIONER HENNING: Yeah, Leo, don't you have in --
written policies on handling funds for your employees?
MR. OCHS: Yes, sir. We have some cash-handling policies and
procedures, I think, that we can --
COMMISSIONER HENNING: You have procedures for the
purchase card.
MR. OCHS: Yes, sir. Yes.
COMMISSIONER HENNING: So what would you change?
MR. OCHS: I don't know that I'd change anything. I may
supplement and improve, perhaps, based on the research that came out
of Okaloosa, and I think that's -- if I understand the motion is what is
being suggested, that we evaluate and see if there's ways to improve
our policies and bring those options and recommendations back to the
Board for better internal control purposes.
COMMISSIONER HENNING: I'm not finished.
CHAIRMAN FIALA: Say that again.
COMMISSIONER HENNING: I said I'm not finished.
CHAIRMAN FIALA: Oh, oh. I'm sorry.
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April 26, 2016
COMMISSIONER HENNING: Okay. And that's where the
tourism director bought a boat for himself; is that the issue?
CHAIRMAN FIALA: In Okaloosa, you mean?
COMMISSIONER HENNING: Yeah.
MR. OCHS: I'm not entirely sure.
COMMISSIONER HENNING: Because the whole report's not
there. It's, I think, a 66-page report, and you're only getting dribs and
drabs of it in the agenda. So do you understand what the full report is?
MR. OCHS: I have not read the entire report. I've read sections
of it, sir.
COMMISSIONER HENNING: Yeah. Me, too. I'm done.
Thank you.
COMMISSIONER HILLER: May I?
CHAIRMAN FIALA: Okay. Commissioner Hiller?
COMMISSIONER HILLER: Yes. Thank you very much.
You know, the Okaloosa Auditor General report is about the
operational audit that was conducted on the Okaloosa Clerk's Office as
well as the Okaloosa Board/County Manager's Office.
The underlying impetus was, in fact, the fraud committed by the
tourism director, but the purpose of the report was to identify what
were clearly weaknesses in the operations of the Clerk's Office and the
Board's office. And so it should be read by everyone on staff It
should be read by members of this board.
COMMISSIONER HENNING: Where is it?
COMMISSIONER HILLER: It's available online. You can go to
the Auditor General's website, and you can pull the report. I've read it.
And it would be a good education for you, Commissioner Henning. I
think you would benefit by it.
COMMISSIONER HENNING: You should put the report --
provide it for everybody.
COMMISSIONER HILLER: No. I don't need to. You can go
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April 26, 2016
online and get it yourself. I'm specifically addressing issues that I
believe are of note or are worthy of note to us right now as we are
addressing our own systems.
So thank you very much. And with that, I'll ask that the question
be called.
CHAIRMAN FIALA: Commissioner Taylor?
COMMISSIONER HILLER: Sure.
CHAIRMAN FIALA: I first need to hear from Commissioner
Taylor.
COMMISSIONER TAYLOR: Yes. Just to note that I've read
the report, Commissioner Hiller.
COMMISSIONER HILLER: I commend you.
CHAIRMAN FIALA: Okay. All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
(No response.)
CHAIRMAN FIALA: Okay. Thank you very much.
Item #14B1
CONSIDERATION OF A REAL ESTATE PURCHASE
AGREEMENT FOR THE 5.27 ACRE BAYSHORE GATEWAY
MINI-TRIANGLE PROPERTY (PROPERTY) BETWEEN REAL
ESTATE PARTNERS INTERNATIONAL, LLC (PURCHASER)
AND THE BOARD OF COUNTY COMMISSIONERS
(SELLER), ACTING AS THE AUTHORITY FOR
BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
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April 26, 2016
- MOTION TO APPROVE W/MODIFICATION RECOMMENDED
BY THE COUNTY ATTORNEY — APPROVED
MR. OCHS: Madam Chair, that takes us to our 10 a.m.
time-certain item, that is Item 14B1 one on your agenda this morning.
It's a recommendation to consider a real estate purchase agreement for
the 5.27-acre Bayshore/Gateway mini triangle property between Real
Estate Partners International, LLC, the purchaser, and the Board of
County Commissioners acting -- excuse me. This is a hearing for the
Community Redevelopment Agency, so it would be appropriate for the
chair of the CRA to chair this section of the meeting, Madam Chair.
CHAIRMAN FIALA: And that chair is Commissioner Nance?
MR. OCHS: That's correct.
Chairman Nance, if you'd like to open the CRA meeting, please.
CRA CHAIRMAN NANCE: Yes. We will gavel it to order.
MR. OCHS: Mr. Casalanguida.
CRA CHAIRMAN NANCE: Mr. Casalanguida, are you going to
start us off?
MR. CASALANGUIDA: I will, sir. For the record, Nick
Casalanguida, Deputy County Manager.
Thank you, Commissioners and CRA members.
I guess a little background, and then we'll get into some points,
and then we'll, I guess, take your questions if you have any.
This started out with the failed closure of the original purchase
that we had with the CRA parcel, and the Board directed us to solicit
both a price and concept solicitation.
We did that. There were three folks that submitted. Of those
three, they went to the CRA advisory committee, and they brought you
back a recommendation. You agreed with that recommendation and
then directed the County Manager's Office to begin negotiations for a
purchase and sale agreement with the proposer that was selected.
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April 26, 2016
This is a little different and a little atypical for a purchase and
sale, because really it's a purchase and sale and development
agreement since the proposals talked about different concepts that
came forward.
So what we did was we met with the purchaser, and -- as
identified in the executive summary, met with the CRA staff, Jean and
Ellie, and began negotiations for the project in terms of bringing it
back to the Board.
In an email I sent to the real estate partners, Mr. Starkey and Mr.
Pezeshkan and their attorney, Mr. Grant, about three weeks ago I said I
would be disingenuous if I felt I could bring this to the Board with
support. That got their attention.
So we sat down again and we went back and forth, and I think to
their credit, they stepped up and finalized a lot of the points that were
in the agreement to make it a little bit more clear.
At this point in time, I think I'm very comfortable suggesting a
recommendation that you authorize the chairman to execute the
contract and move forward with this.
That said, you have risk on both ends of this. You don't have a
financial risk in the way this is laid out as an outlay. You have a risk
of time, value, and money; the longer this project sits, goes through the
entitlement process, the opportunity costs that you may have.
But their proposal is a pretty project. They talk about, you know,
200-, $250 million capital outlay. As far as any return on that
investment back to them, it doesn't happen until they actually develop
the property. There is a clause in the contract that talks about a TIF
increment payback; 50 percent of the new TIF. So, in essence, we're
creating a TIF within a TIF, or tax increment financing.
The base value was set back in 2002 when you set this area. The
value grows for this project up to the current time -- point in time.
When they close, they would set the TIF for that new base for them,
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April 26, 2016
and then when they expend 200-, $250 million to build this project.
The new tax that comes on top of that would be split evenly with the
county for a period of 10 years.
We estimate that could be anywhere from 2 to $3 million back to
the developer. Now, that's over a 10-year period, and they would have
to expend the 200-, $250 million to get that.
For us, I think that represents the least amount of risk because that
project will be out of the ground and be, you know, developed from
that case.
Key point is to remember that this goes through a due diligence
period, about 120 days, with the option for a 30-day extension. It is
really for them to get serious about kicking the tires, whether it's for
the cell tower, the height that they'll have to deal with, with the Naples
Airport Authority and complete, you know, the final due diligence.
At the end of that period, they lock down the rest of the 10
percent down payment, only 50,000 of that is actually secured and will
become ours should they walk away after that period, and then they go
through the entitlement process.
We've done a part in the agreement where we fast-track that
process with a 15-business-day turnaround both for them and for us.
They could be back in front of the board as early as October,
November of this year or the spring of next year. And that will be
really up to them in terms of going through that due diligence and
submitting applications.
Commissioner, I gave you others options in the executive
summary. I think if this doesn't mature or come to fruition, you could
probably explore those other options. You could do so now, but we're
recommending you move forward with what's here.
The only change I would add is that the escrow agreement hasn't
been completed. I would ask that you delegate completion of the
escrow agreement to the County Manager so we could complete that if
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April 26, 2016
you decide to move forward with the project.
With that, if you have any questions of me or the purchaser or
staff. I want to thank Ellie, Jean, and the County Attorney for working
with me on this and definitely the purchasers. They put their best foot
forward.
MR. OCHS: Do we have any speakers?
MR. MILLER: No, sir. We have no registered speakers.
COMMISSIONER HENNING: Move to approve.
COMMISSIONER FIALA: Second.
COMMISSIONER TAYLOR: Second.
CRA CHAIRMAN NANCE: All right. There's a motion to
approve and a second.
I have a few comments if no one else would like to speak. You
know, it was really my hope from inception and, in fact, if you'll recall,
it was my prediction that if we went out for a best-offer methodology
on this, that somebody would return to us with a big, bold project.
And I tell you, honestly, I believe this is a tremendous project. I
think this is a project that it can -- that can be transformational, not just
for the Bayshore area but for that whole region of the county down
there.
And I think Mr. Pezeshkan and his team are coming up with some
out-of-the-box ideas. I think they are bold. I think they're aggressive.
But one thing that we need to consider and all board members need to
consider, that in order for him to be successful and for this to be
successful economically for anyone, is that there's going to be some
density and intensity changes that are going to have to be approved by
this board. And I think it is only fair for us at this time to make
comments. If any commissioners really have serious reservations
about any of the elements that have been explored up to now, it's only
fair to let Mr. Pezeshkan and his team know at the onset. I want to
make sure that --
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April 26, 2016
MR. KLATZKOW: Commissioner? Commissioner, you're
going to have a full hearing on the land use items --
CRA CHAIRMAN NANCE: I know, but if we --
MR. KLATZKOW: -- and there will be evidence presented to
you.
CRA CHAIRMAN NANCE: I know. I'm just saying, let's start
out with good faith from the very get-go, okay. I think this is an
extraordinary opportunity, and I just want to -- I just want to say that,
that I'm in complete support, and I hope that everyone is entering this
period of 150 days with good faith.
COMMISSIONER TAYLOR: Thank you.
Well, I am very excited about this project. And hats off to all
parties. Hats off to the county.
When I read the balance that I see in this agreement, it gives me
great hope that this is a project that is not a slam dunk on any side, but
to me it's emblematic of the way we are looking at our future in Collier
County. This is the future.
Now, folks are going to say, oh, my God. The height. What are
we doing in Naples? This is a very small part of the whole eastern
corridor. This is the gateway. And we -- it is the most extraordinarily
shaped piece of property, perhaps, in Collier County.
Now, I'm not sure that that's true but, boy, is it a strange one. And
the talent and the creativity of this project to make it work, to make it
beautiful, to make it 21st century, and to allow an area that has been
neglected and sluggish to take a courageous step forward is
extraordinary.
And I compliment all the parties because I know this wasn't easy.
I wasn't part of it, but I can imagine it wasn't easy. And I look forward
to this project blossoming and the renaissance happening in this area.
So I'm very, very excited about it.
COMMISSIONER FIALA: I can't push a button.
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April 26, 2016
CRA CHAIRMAN NANCE: Wonderful.
Commissioner Fiala?
COMMISSIONER FIALA: Thank you. The two of you could
have never said it better. I would love to add a few words, but you've
made it so clear that this area definitely is prime and ready for
redevelopment, but in -- the area, as you say, has long been run down
and blighted for so long that it needs to have a strong impetus.
It needs to have -- it needs to have something so courageous, and
this is what I feel they have done. This is a courageous, bold move, as
you said, Commissioner Nance, to move forward. But what it will be,
it will be the catalyst for new development and for bringing that area
up to a better quality.
But it couldn't start with something very, very small. It would
have to be something like this. And so I am fully in support of this.
Thank you very much.
CRA CHAIRMAN NANCE: Wonderful.
Commissioner Henning, does your motion include delegation of
the necessary --
MR. OCHS: Escrow?
CRA CHAIRMAN NANCE: -- escrow ability to the County
Manager and the second?
COMMISSIONER HENNING: Within the executive summary.
MR. CASALANGUIDA: Sir, that's not laid out only because we
expected to have an escrow agreement completed with the Clerk by
today. We didn't get there, so it is not --
COMMISSIONER HENNING: I'm sorry. Say that again.
MR. CASALANGUIDA: We expected to have an escrow
agreement with the Clerk's Office completed by today. We didn't
complete that. You're not binding any money with that.
COMMISSIONER HENNING: That includes -- that is included.
CRA CHAIRMAN NANCE: And with the second?
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April 26, 2016
COMMISSIONER FIALA: Yes.
COMMISSIONER TAYLOR: Yes.
COMMISSIONER FIALA: Well, she's the second. You be the
second.
COMMISSIONER TAYLOR: Are you sure? All right. Yes.
COMMISSIONER FIALA: Sure.
CRA CHAIRMAN NANCE: Oh, okay. That having been said --
that having been said, there's a motion and a second.
Any additional comment?
MR. KLATZKOW: Yeah. Just one comment. If for whatever
reason we can't get into an escrow agreement with the Clerk, that the
County Manager would have the ability to find a replacement escrow
agent.
COMMISSIONER HILLER: I don't understand why we're using
the Clerk as an escrow agent. I have a concern about that.
MR. KLATZKOW: I think he makes the best escrow agent. I
mean, he would ensure that all documents were properly submitted
before releasing the payment.
COMMISSIONER HILLER: Well, I just want to make sure it
doesn't get politicized, because I can see that happening.
MR. KLATZKOW: Ma'am, I have full faith --
COMMISSIONER HILLER: I would support the motion under
the condition that if the Clerk does not cooperate in the drafting of the
escrow agreement that you go out and find someone else to --
MR. CASALANGUIDA: That's fine.
COMMISSIONER HILLER: I mean, you could can have a law
firm be the escrow agent. You could have Nabors --
MR. KLATZKOW: I wouldn't put it as not cooperating. If for
whatever reason we're unable to, you know, finalize an agreement --
COMMISSIONER HILLER: Yeah, but Nabors Giblin, for
example, could be the escrow agent.
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April 26, 2016
MR. KLATZKOW: That County Manager would have the
ability to find -- to work with the purchaser and find a secondary
escrow agent.
COMMISSIONER HILLER: Yeah. Absolutely. And with that
modification, I would approve.
CRA CHAIRMAN NANCE: Okay. There's a motion and a
second. Any further comment?
(No response.)
CRA CHAIRMAN NANCE: Hearing none, all those in favor,
signify by saying aye.
COMMISSIONER TAYLOR: Aye.
CRA CHAIRMAN NANCE: Aye.
COMMISSIONER FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CRA CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
CRA CHAIRMAN NANCE: Very well. It passes unanimously
5-0.
COMMISSIONER HILLER: And that is with the modification
recommended by the County Attorney, right?
CRA CHAIRMAN NANCE: Yes.
COMMISSIONER HILLER: Thank you.
CRA CHAIRMAN NANCE: And --
COMMISSIONER FIALA: Close that meeting?
CRA CHAIRMAN NANCE: If there's no further business on
this topic, we'll close the CRA board meeting at this time.
MR. OCHS: Thank you, Mr. Chairman.
CHAIRMAN FIALA: Take a break for the --
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: -- court reporter.
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April 26, 2016
MR. OCHS: Ten minutes, ma'am?
CHAIRMAN FIALA: Oh, yes. Well, we could be back -- let's
make it all the way to 11 o'clock.
MR. OCHS: 11 o'clock. We'll be back at 11 a.m. Thank you.
(A brief recess was had.)
CHAIRMAN FIALA: Everyone take their seats.
MR. OCHS: Madam Chair, you have a live mike.
CHAIRMAN FIALA: Thank you very much.
I'm going to ask, in the interest of time and because for today
only, I just have to leave here at 11:15 promptly. I've got somebody
waiting for me -- a security guy right in the audience to make sure I get
out of here on time.
So I was going to ask if we could please just -- quickly just get to
No. 11D and just discuss that. That was about the RaceTrac.
MR. OCHS: Yes, ma'am.
CHAIRMAN FIALA: But we have to have Commissioner
Taylor here, too. I don't know where she is.
COMMISSIONER HILLER: Do you want it at 5 o'clock?
MR. OCHS: We'll go ahead and --
CHAIRMAN FIALA: No. This isn't -- that isn't what it is. Well,
we can -- 11D —
Item #11D
FORWARDING PETITION NUMBER ASW-PL20150002369,
WHICH SEEKS THE GRANTING OF A WAIVER FROM THE
MINIMUM REQUIRED SEPARATION DISTANCE OF 500 FEET
BETWEEN FACILITIES WITH FUEL PUMPS, FOR THE
PROPOSED RACETRAC TO BE LOCATED ON THE SOUTH
SIDE OF U.S. 41 BETWEEN FREDERICK STREET AND PALM
STREET, WHICH MATTER IS PRESENTLY SCHEDULED TO
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April 26, 2016
BE HEARD BY THE BOARD OF COUNTY COMMISSIONERS
(BOARD) ON MAY 24, 2016, TO EITHER THE HEARING
EXAMINER OR THE COLLIER COUNTY PLANNING
COMMISSION (PLANNING COMMISSION) FOR A FINDING
OF FACTS AND RECOMMENDATION TO THE BOARD -
MOTION TO REMAND THIS ITEM TO THE COLLIER COUNTY
HEARING EXAMINER FOR HIS REVIEW — APPROVED
MR. OCHS: Yes, ma'am. 11D is to ask the Board if they want to
consider forwarding the petition having to do with the requested
waiver of the minimum required separation distance between fuel
pumps for the proposed RaceTrac project at the corner of U.S. 41 and
Frederick and Palm Streets. That is scheduled to be heard by the Board
to, perhaps, remand that for a hearing first to either your Hearing
Examiner or the Collier County Planning Commission for a finding of
fact.
CHAIRMAN FIALA: Right, right. And so, Commissioner
Nance?
COMMISSIONER NANCE: Yes. I think this is a very
thoughtful and wise agenda item. I'm -- based on his previous works,
I'm going to make a motion to remand this to Mr. Strain and allow him
to put us together an analysis and deliver the facts to the Board for
their consideration.
I think he's done an excellent job in this sort of work in the past,
and it's been to our benefit, and I think that will help us --
COMMISSIONER HILLER: I'll second that.
COMMISSIONER NANCE: -- put this in perspective.
COMMISSIONER HILLER: I'll second it.
CHAIRMAN FIALA: Okay. There's a second.
Commissioner Taylor?
COMMISSIONER TAYLOR: Yes. I was going to make the
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April 26, 2016
same motion. I think, clearly, from his work at Haldeman Creek,
which was kind of-- well, it wasn't my introduction, but close to it, in
my beginning of my term as a commissioner. It was, I think --
CHAIRMAN FIALA: A fire ring.
COMMISSIONER TAYLOR: Yeah, yeah. It was -- it was well
done. It will be a public meeting. I think he can certainly -- he has
shown that he will be very professional, get rid of the politics and deal
with the facts and do the research. So I would agree.
CHAIRMAN FIALA: Okay. Any further comments?
COMMISSIONER HILLER: No.
CHAIRMAN FIALA: Okay. Then all in favor of this motion,
signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
Item #1 lE
RECOMMENDATION TO ADOPT A RESOLUTION TO HOLD A
PUBLIC HEARING TO CONSIDER VACATING ONE 30-FOOT
WIDE PUBLIC RIGHT-OF-WAY, AND A PORTION OF ONE 30-
FOOT WIDE PUBLIC RIGHT-OF-WAY, BEING A PART OF
COL-LEE-CO TERRACE, PLAT BOOK 1, PAGE 32 OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA. (VAC-PL20150002788)
(THE SUBJECT PROPERTY IS LOCATED ON THE
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April 26, 2016
SOUTHWEST CORNER OF THE TAMIAMI TRAIL EAST (U.S.
41) AND THE PALM STREET INTERSECTION) - MOTION TO
FORWARD THIS ITEM TO THE COLLIER COUNTY HEARING
EXAMINER FOR HIS DETERMINATION — APPROVED
MR. OCHS: Madam Chair, thank you.
And, Commissioners, there's a companion, 11E. This will take
just a moment, I believe. It was a request for the Board to schedule a
public hearing to consider vacating some public right-of-way on that
same project site. You can either approve that, deny it, or continue that
to a later date to synchronize it with the hearing that's scheduled after
you get your report from your Hearing Examiner.
COMMISSIONER TAYLOR: I would make a --
MR. OCHS: It is required -- the hearing is required as part of the
state statutory process. I'm looking at my colleague across the room
there for some guidance.
MR. KLATZKOW: Yeah. If you want to hear both items in a
public hearing at the same date, then I would suggest you do that. But
my recommendation on 11E is simply continue it.
COMMISSIONER TAYLOR: I would make a motion to
continue.
CHAIRMAN FIALA: And second?
COMMISSIONER HILLER: Second.
CHAIRMAN FIALA: Okay.
COMMISSIONER HENNING: Question on the motion.
CHAIRMAN FIALA: Pardon me?
COMMISSIONER HENNING: Question on the motion.
CHAIRMAN FIALA: Sure.
COMMISSIONER HENNING: Is this -- this doesn't have to go
to the Planning Commission?
MR. KLATZKOW: No, sir.
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April 26, 2016
COMMISSIONER HENNING: Wouldn't you want to send it to
the Planning Commission so it can be aired?
CHAIRMAN FIALA: Actually, I like that idea.
MR. OCHS: Sir, are you referring to 11E, the vacation of the
right-of-way?
COMMISSIONER HENNING: Right.
COMMISSIONER NANCE: That's a resolution.
COMMISSIONER HENNING: Is that the one we're on?
MR. OCHS: Yes, sir.
COMMISSIONER HENNING: That's what I thought.
MR. OCHS: There's a statutory process, I think, that's defined
there. Jeff?
MR. KLATZKOW: Well, the statutory process is the Board
would adopt a resolution to set an advertising date, and then we would
bring it back. If you're asking that this be heard at the same time with
the prior item, the 500-foot waiver item, that -- the Board could do that
if it would like.
I would suggest, rather than the Planning Commission, since
you're sending it to Mr. Stain, you'd send this one to Mr. Strain as well.
COMMISSIONER HILLER: I agree.
COMMISSIONER HENNING: Okay.
COMMISSIONER TAYLOR: Can we -- what would you --
COMMISSIONER HENNING: You have to modify your
motion.
COMMISSIONER TAYLOR: To be held at the same time? In
conversations, I don't think it should be held at the same time. In the
same day --
MR. KLATZKOW: Yes, ma'am.
COMMISSIONER TAYLOR: -- but I think it could be -- you're
talking --
CHAIRMAN FIALA: After.
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April 26, 2016
COMMISSIONER TAYLOR: -- the same day? Maybe one
hearing after another, I would agree, but not the same day (sic).
CHAIRMAN FIALA: But this can't be heard before the other
because --
COMMISSIONER TAYLOR: That's correct.
CHAIRMAN FIALA: -- it changes the outcome --
COMMISSIONER TAYLOR: Right.
CHAIRMAN FIALA: -- and we all know that.
COMMISSIONER TAYLOR: Yeah.
MR. KLATZKOW: You have similar facts and circumstances
between the two. I'd allow Mr. Strain to -- if you're going to send both
items there -- to use his discretion on how he thinks best to hear it.
COMMISSIONER TAYLOR: Okay. Then I'll withdraw my
motion to continue and make a motion that we'll send this -- forward
this to Mr. Strain for his determination how he wants to handle it but
that he also addresses the waiver.
CHAIRMAN FIALA: Okay. This would be --
MR. KLATZKOW: It would be the vacation.
CHAIRMAN FIALA: -- following -- this would be -- this would
be the second one he would hear after the first one, correct?
COMMISSIONER TAYLOR: That is correct. Whether it's the
same day or next week or the next month, that's going to be up to his
schedule.
MR. KLATZKOW: Because you're going to have the same --
you're going to have the same members of the public on both.
COMMISSIONER NANCE: It would be very convenient for
them.
MR. KLATZKOW: It would be convenient for them if--
CHAIRMAN FIALA: I just want to make sure that it's in the
right order.
MR. KLATZKOW: Yeah.
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April 26, 2016
CHAIRMAN FIALA: Okay. Did I hear a second?
I'll second it.
All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: And opposed, like sign.
(No response.)
CHAIRMAN FIALA: Very good.
MR. OCHS: Thank you, Madam Chair, Commissioners.
Item #5A
AN OVERVIEW OF THE PROCESS FOR THE EASTERN
COLLIER HABITAT CONSERVATION PLAN (HCP) BEING
CARRIED OUT BY THE US FISH AND WILDLIFE SERVICE —
PRESENTED
MR. OCHS: That takes us to your 11 a.m. time-certain hearing
this morning. That was Item 10B that was moved on the agenda to
become Item 5A under presentations.
This is a presentation to provide an overview of the process for
the Eastern Collier Habitat Conservation Plan being carried out by the
U.S. Fish and Wildlife Service, and this item was brought forward on
the agenda by Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you very much. Are you
Mr. McDonald?
MR. McDONALD: I am.
COMMISSIONER TAYLOR: Nice to meet you.
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April 26, 2016
MR. McDONALD: Nice to meet you.
COMMISSIONER TAYLOR: I asked Mr. McDonald to come to
speak to us to give us an overview of the process. I had lots of
comments and concerns about what is going on here, and how does
this work with the RSLA (sic) plan of the -- that is currently in place,
and where are we going with this, and so --
COMMISSIONER HILLER: What is your title?
COMMISSIONER TAYLOR: -- welcome.
MR. McDONALD: I'm fish -- I'm a Fish and Wildlife Biologist
with U.S. Fish and Wildlife Service.
COMMISSIONER HILLER: Oh, you're a biologist?
MR. McDONALD: Yes.
COMMISSIONER HILLER: Okay. Are you the executive
director of that office or --
MR. McDONALD: No. I'm just a staff biologist that has been
charged with the technical review of this particular project.
COMMISSIONER HILLER: Oh, I see. Are you one of the -- I
just need to understand who's presenting to us and in what capacity.
COMMISSIONER TAYLOR: I believe you -- I believe you
signed the letter that was sent to Commissioner Fiala regarding the
scoping process.
MR. McDONALD: It may have been our field supervisor,
Roxanna Hinzman. She's actually in charge. I work for her.
COMMISSIONER HILLER: And is she aware that you're here
presenting today?
MR. McDONALD: Yes.
COMMISSIONER HILLER: Thank you.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER TAYLOR: All right. Well, thank you, and
welcome, and thank you for your drive from Vero, was it?
MR. McDONALD: Vero Beach, yes.
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COMMISSIONER TAYLOR: Yeah, thank you. I hope it was a
good drive.
MR. McDONALD: It was. It was a pleasant drive. I saw some
of the species that we'll be talking about today along the way.
Today's presentation is not so much as an introduction to the
scoping process, since it closed yesterday, but more of an introduction
overall to the process that we'll be utilizing to review an application for
an incidental take permit and corresponding Habitat Conservation Plan
put forward by nine Collier County landowners, and that is why we're
here.
We received an application for an incidental take permit for
federally listed, threatened, and endangered species from nine
landowners here in Collier County. We are obligated by law to review
this application and to weigh its merits towards the survival or
recovery of the species as well as the impact it would have on species
of conservation concern, which may be primarily listed by the state at
the moment but could eventually become listed by the federal
government if further action wasn't taken.
The applicants for this incidental take permit, which has been
applied for under Section 10.A.1.B of the Endangered Species Act, are
Alico, Incorporated; Barron Collier Investments, LTD; Collier
Enterprises Management, Incorporated; Consolidated Citrus Limited
Partnership; English Brothers Partnership; Heller Brothers Packing
Corporation; John E. Price, Jr., Trust; Pacific Land, LTD; and
Sunniland Family Limited Partnership.
To receive an incidental take permit under this provision of the
incidental -- of the environmental -- of the Endangered Species Act, I
apologize, the applicants have to meet several criteria; that the take that
they anticipate would occur as a consequence to their proposed
activities would be incidental, meaning it is not the purpose of the
activity which they intend to pursue;
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April 26, 2016
That the applicants will, to the maximum extent practicable,
minimize and mitigate the impact of that taking;
That the applicant will develop alongside the application for the
incidental take permit a Habitat Conservation Plan which will identify
the impact of their action, the anticipated impacts of their actions, and
their strategy for minimizing mitigating those impacts;
And the HCP will ensure that the activities they anticipate
pursuing to minimize and mitigate the impact will be adequately
funded.
Additionally, the taking that they propose cannot appreciably
reduce the likelihood of the survival or recovery of federally listed
species in the wild, and the applicant will carry out any other measures
that we might require for the purpose of fulfilling the HCP.
As I mentioned, Habitat Conservation Plan always accompanies
an incidental take permit. It itself has requirements in addition to those
that are required for an incidental take permit.
It has to identify the impacts that are likely to result from their
proposed taking, the measures that they will undertake to minimize and
mitigate those impacts, and the funding mechanisms that they'll utilize
to fund those measures.
Alternative actions that the applicant considered that would have
resulted in less take but why they're not pursuing those alternatives,
and additional measures that they may have identified in discussion
with us as necessary or appropriate for the purposes of the plan.
I might add that between the incidental take permit criteria and
the HCP requirements, that should the service determine that the
application is complete and that all of these conditions are met, we are
obligated by the Endangered Species Act to issue the incidental take
permit.
What the applicants are proposing currently is development,
residential commercial development, and earth mining activities that
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April 26, 2016
could occur anywhere within a 45,000-acre footprint, and they
anticipate this activity could occur anywhere between now and a
period of 50 years from now.
To offset the impacts of development that occur inside the
45,000-acre footprint that we call the covered activities area, they're
proposing 107,000 acres to be permanently protected through
easements and other structures from further development in the future.
The HCP makes provisions for other landowners to participate in
it, to seek the protections that would be authorized under the incidental
take permit; however, if they do join the HCP, the 45,000-acre cap
would be maintained. They could not add more lands to be utilized for
commercial or residential development or earth mining, but they could
enter their lands for use as preserves.
The covered activities that would occur inside the orange area that
you might see on the map could include single-family multi-unit
housing, public and private and institutional facilities, commercial
office -- commercial and office space, retail establishment, surface
water management activities, roadways, parks and landscaping, and
utility infrastructure, et cetera, all the kinds of activities we would
expect with a typical urban development.
In addition to that, earth mining -- earth mining might be pursued
at some points inside the covered activities area, and these would be in
pursuit of sand, soils, limestones, and other materials that are
commonly mined in this area.
The preserve area is defined as being an area that has -- has been
designated as a sending area under the RLSA program. They're
offering 2.5 in the current draft of the HCP, 2.5 base ratio, which
basically comes to, for every one acre of development that would
occur inside the covered activities area, they would identify 2.5 acres
in the preserve area to be permanently preserved, enhanced, or
restored.
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April 26, 2016
In addition to that, they would continue to utilize habitat
management practices to the benefit of listed species and would seek
for other relationships for the service and state agencies to improve
how they manage their properties for the benefit of listed species and
the control of exotic invasives.
In addition to this, they also propose a mitigation fund to address
unforeseen circumstances that might arise during the 50-year lifespan
of the HCP, and these funds would be used to aid primarily in the
survival or recovery of the Florida panther.
The species that the applicants have identified as could be
impacted include Florida scrub jay, northern crested caracara, wood
stork, red-cockaded woodpecker, snail kite, eastern indigo snake,
Florida bonneted bat, and Florida panther.
In addition to these proposed or partitioned or under consideration
for listing on the Endangered Species Act are the gopher tortoise and
the eastern diamondback rattlesnake.
The state listed species that they've identified that could be
affected include the burrowing owl, the sandhill crane, the little blue
heron, the Southwestern (sic) American kestrel, tricolored heron, and
Big Cypress fox squirrel.
The review process is lengthy and thorough. We are at the very
beginning of this process. We will have, in addition to the federal
register notice of the notice of intent to prepare a draft EIS, as you can
see from our diagram, three other federal register notices that will
occur, one of which will include an additional comment period, and
that will be when we have completed the preparation of the draft
Environmental Impact Statement.
In addition to the NEPA review that this project will be subject to,
we will also be reviewing the impacts of this proposed activity under
Section 7 of the Endangered Species Act, which will result in the
preparation of a biological opinion.
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April 26, 2016
So there's been some confusion I've seen or become aware of
about what is an Environmental Impact Statement and why would we
prepare one. Federal agencies are required to prepare an
Environmental Impact Statement any time that they're going to embark
upon what would be considered a major federal activity, and these are
things that could significantly change the human environment for the
better or for the worse.
It is a document that we prepare to comply with that requirement
in the Endangered Species Act that we disclose and study the effects of
any proposed action that we are considering. And in this case it would
be the proposal to issue an incidental take permit.
The Environmental Impact Statements typically are much broader
than the biological opinions that we issue under the Endangered
Species Act because they also consider effects to resources such as
waters, geology and soils, even the view shed, whether or not it would
be affected by the proposed action, socioeconomics, environmental
justice, who's going to gain jobs, who's going to lose jobs, how is the
economy going to change, and how would your tax base be affected.
How transportation infrastructure may be expanded or changed or
differently utilized as a consequence of the issuance of the incidental
take permit will also be considered, as well as the impact of
implementing the Habitat Conservation Plan on ecological
communities within the area and downstream or otherwise affected.
The affected area is not defined simply as the boundary of the permit,
but we also look outside the boundary. As far as the effects can be felt
by nature, we consider -- we consider that impact.
General wildlife to include game species over which the U.S. Fish
and Wildlife Service does not typically have management roles but
under NEPA, we do consider the impacts of those as well.
In addition to this, we will be looking at habitat connectivity. Of
course, listed and candidate species, migratory birds, and the effects
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April 26, 2016
that would occur inside this area from climate change were we to
implement this Habitat Conservation Plan.
The Environmental Impact Statement, the process of developing
it is long, and it could take up to a year. I've seen some take multiple
years.
In this particular instance we have just finished the scoping
component in which we solicit from the public any comments,
suggestions, concerns or items that they believe we should study while
preparing an Environmental Impact Statement.
We have just now ended the scoping period, and at this point we'll
be moving forward looking at the comments that we've received which
are nearing 2,400 comments submitted through email, through oral
presentations, and through classic mail.
We will go through those, and we will identify issues that have
been brought up that would merit study while preparing the draft
Environmental Impact Statement and whether or not these couldn't
form the establishment of alternatives to the action.
Roughly speaking, right now, you have three basic alternatives
we would consider as a part of the study. One would be to accept the
HCP as it's been given to us, another would be to reject the HCP as it's
been given to us, and a third would be to accept the HCP with some
modification.
And we're hoping that, looking through those comments that
we've received, if there are reasonable alternatives that can be derived
from them, we will analyze them.
Then becomes the long and torturous part where we spend
probably a year actually performing scientific analyses of the impacts
of those different alternatives on a suite of topics that I just identified,
at the end of which we will publish a draft EIS which will not identify
a preferred alternative at that time, and will be available for public
review and comment.
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April 26, 2016
We will have another comments meeting in which the public will
come. They'll give us -- we will give them the opportunity to tell us
how we did in conducting the study that we did. Did we use all the
information available? Did we use the best scientific practice to be
found?
We will go back after that comment period. We will look at the
comments we receive. We will adjust the Environmental Impact
Statement, the draft that we have in our hand, and include any
additional issues that were found lacking or were not studied
sufficiently. And when we have completed that process of finalizing
the Environmental Impact Statement, we will release it to the public as
well as our record of decision regarding which alternative that we as an
agency have chosen.
Preliminary issues that we sort of knew going into this were the
impacts of habitat loss and fragmentation on the survival and recovery
of the Florida panther, so we will be studying that. In addition to that,
the impact of traffic -- changing traffic patterns on Florida panther
survivorship.
There was a little bit of confusion, I think, from one meeting
where I tried to describe what would actually be included on an
incidental take permit versus what we would study.
In terms of the incidental take permit, the applicants have not
asked for authorization to engage in take of Florida panthers that were
struck by vehicles because that would be outside of the scope of their
discretion to control; however, it is an indirect effect that we would
analyze in the context of determining whether or not jeopardy would
occur to the species.
What comes next? Kind of to reiterate that, we will review those
comments that we've received. We will identify alternatives. We will
collect. We will conduct a very long and thorough study on all those
subject in sum. We will publish the draft Environmental Impact
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Statement, receive additional comments on our performance there,
publish the final EIS with a record of decision.
We will then have a Section 7 consultation internally. We will
prepare a biological opinion that determines whether or not any species
in this would be -- that their existence would be jeopardized or if there
would be any adverse modification to critical habitat.
And then our agency, thankfully people much higher pay-graded
than myself, will make the ultimate decision whether or not to issue the
incidental take permit.
And with that, I thank you all. And questions, if you have any.
VICE-CHAIRMAN NANCE: Yes, sir. We're going to take
questions from the Board now, starting with Commissioner Taylor.
COMMISSIONER TAYLOR: I think you answered it. I was
wondering, when you said, "we were going to make a decision," where
is this decision made? Are they based in Florida? Are they based in
Washington? Where is this decision made?
MR. McDONALD: Generally these decisions are made at the
regional office in Atlanta. They, of course, would -- you know, of a
project of this scope, you know, have the discretion to consult higher if
they felt necessary. But this one, the authority to make decisions to
issue incidental take permits is in the hands of regional directors,
typically.
COMMISSIONER TAYLOR: Okay. Good. Thank you.
VICE-CHAIRMAN NANCE: All right. Sir, thank you very
much. We may have some additional questions.
I'd just like to thank you for the public presentation that you
previously made. And, of course, our staff is participating through an
inner agency invitation that you so kindly extended, and they will be,
you know, participating with you at your request, and together with the
-- in the format that you have for engaging us, and we stand at the
ready to answer any questions or provide you with any help or
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April 26, 2016
information that you might request of us through your process.
Commissioner Taylor?
COMMISSIONER TAYLOR: Just another question. I think
there was some confusion I heard -- and, Commissioner Nance, you
were there -- with the public. They felt that this was a brand new plan
being brought forward, and it's not, it's my understanding. The HCP
that was submitted to the U.S. Fish and Wildlife is based on the RSLA
(sic) HCP; is that correct?
VICE-CHAIRMAN NANCE: Well, the Rural Land Stewardship
Area, as a whole -- and I'll just give you my impression, personally, as
the commissioner for District 5.
The Rural Land Stewardship Area was a plan that was crafted to
avoid having development happen on a one-home-per-five-acre basis.
And I will say although it has been at times a very difficult process, I
believe what it has done is it has allowed us to go forward with growth
management planning out there in a fairly comprehensive way.
I believe that this Habitat Conservation Plan in this study which is
going to evaluate its impact absolutely necessary. And I actually
commend the property owners out there for approaching it in a
comprehensive way rather than an incremental way rather than --
trying to discuss this and make sense of it in how it impacts species of
concern, endangered species, and whatnot, all the animals out there, in
an incremental way invites disaster because -- in my view, and I think
many of the environmental advocates will tell you that a systemic
review and approach to this makes complete sense, as it does for all the
other planning that we do.
So, you know, I commend this process. I'm very anxious to see
what results come out of it, but I think -- I think the approach is proper,
but that's just my opinion.
MR. McDONALD: And I would add that anyone developing
here, no matter what the authority they were developing under, would
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probably approach the service for an incidental take permit. They have
been sought for single-family dwellings that have been developed
inside the panther range and a whole host of other things.
So for us it's not unusual for someone to approach us for an
incidental take permit, but this is the first time that it has been applied
to such a large endeavor to plan development inside of a county.
COMMISSIONER TAYLOR: First time in Collier County or
first time?
MR. McDONALD: First time in Florida, in Collier County.
We've had statewide HCPs. We've had countywide HCPs in other
locations, but I'm not aware of countywide HCPs that have been
implemented in Florida myself They may have, but I just got here in
January, so...
COMMISSIONER HILLER: So you don't know. You're just not
aware of it?
MR. McDONALD: I'm not aware of it.
COMMISSIONER HILLER: You're not saying that it hasn't
happened?
MR. McDONALD: Yeah. I'm not aware of large-scale HCPs
that have been implemented in Florida. Where I came from in
Tennessee, we had two underway when I left.
COMMISSIONER HILLER: Oh.
VICE-CHAIRMAN NANCE: Well, you know, the stewardship
concept since this one, which is the -- I believe the first in the state,
Commissioner Henning; isn't that correct?
COMMISSIONER HENNING: Yes.
VICE-CHAIRMAN NANCE: I believe it was. It's been adopted
as a methodology across Florida. So I predict that, you know, you're
going to be a busy person.
MR. McDONALD: Possibly.
VICE-CHAIRMAN NANCE: Commissioner Hiller?
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April 26, 2016
COMMISSIONER HILLER: I think this is a very efficient way
of making application for a take permit, to look at it comprehensively
like this. I have to say that the landowners are to be commended for
working together and applying jointly so you could look at it from a
more global perspective as opposed to take, take, take, take, and then
you'd have to figure out, you know, at different points in time what
impact, you know, one take permit has on another application and so
forth.
So I think it's very good and, obviously, the process that you've
defined here is the legal process. It's statutorily mandated, and that's
what you have to follow, and you should, and that's great. And I,
really -- I'm not quite sure why we're hearing this today, but...
COMMISSIONER TAYLOR: Because I put it on the agenda.
COMMISSIONER HILLER: No. I appreciate that, but I'm not
sure why we specifically needed this education. I'm -- but I thank you
nonetheless for coming.
COMMISSIONER TAYLOR: Maybe all of us aren't as clever as
you are, ma'am.
COMMISSIONER HILLER: It's not a matter of clever. The
question is, what is the purpose of the information? I mean, there's a
lot of information out there. You know, it benefits me to know why
I'm receiving information towards a specific objective.
COMMISSIONER TAYLOR: Because I had many inquiries
about this issue. There was somewhat of controversy in two scoping
meetings, and it was important, I thought, to bring it to the public.
COMMISSIONER HILLER: Thank you.
VICE-CHAIRMAN NANCE: Thank you very much, sir. Thank
you for traveling a great distance and taking your time for, I'm sure, a
very short presentation relative to your investment of time. We
appreciate it very much, and we look forward to working together with
you as we can and should to assist you in your duties. Thank you very
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much.
MR. McDONALD: Thank you, sir.
COMMISSIONER TAYLOR: Thank you.
VICE-CHAIRMAN NANCE: Mr. Ochs?
Item #10A (Discussed; Continued to later in the meeting)
AUTHORIZING A TIME CERTAIN OF 5:00 PM FOR THE
RACETRAC GAS STATION ITEM WHEN IT IS SCHEDULED
FOR AN UPCOMING BCC MEETING IN ORDER TO
FACILITATE PARTICIPATION BY WORKING RESIDENTS OF
THE COMMUNITY CONCERNED ABOUT THE RACETRAC
DEVELOPMENT PROPOSAL ON US41 BETWEEN PALM AND
FREDERICK STREETS — MOTION TO CONTINUE — FAILED
DUE TO LACK OF A MAJORITY
MR. OCHS: Mr. Chairman and Commissioners, that takes us
back to item 10A under Board of County Commissioners. This is a
recommendation to authorize a time-certain of 5 p.m. for the RaceTrac
gas station item when it is scheduled for BCC meeting in order to
facilitate participation by the working residents of the community
concerned about the RaceTrac development proposal on U.S. 41
between Palm and Frederick Streets, and Commissioner Taylor
brought this item forward.
COMMISSIONER TAYLOR: And, again, this comes from the
public. They're -- have been --
COMMISSIONER HENNING: Move to approve.
COMMISSIONER TAYLOR: Thank you. Second.
VICE-CHAIRMAN NANCE: Any other comment?
(No response.)
VICE-CHAIRMAN NANCE: You know, I'm just personally
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concerned that if we start having late-in-the-day or evening meetings
for one topic of concern, that we're going to extend this into many,
many meetings.
And I realize that there's a great deal of public interest in this, but
there's, frankly, public interest in many things, and I don't think that
there has been a lack of opportunity for the concerned citizens to
communicate with the Board. There's been numerous meetings.
There's currently additional meetings where their input can be
received.
So I'm -- you know, I just -- I think it's going to be unfair to many
others, because I don't think the board, frankly, is ready to have -- start
having nighttime meetings whenever we have an issue where the
public wants to be engaged.
I don't have any idea who was first.
COMMISSIONER HILLER: I believe I was.
VICE-CHAIRMAN NANCE: Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
That is a concern of mine. And the reason I say that, we've had a
lot of issues that have come before this board that have involved a lot
of public input. I mean, fracking being one of them. We didn't have
meetings at 5 o'clock on fracking, which had a countywide impact.
And so I'm afraid to carve out -- while I completely understand
the concerns of the neighborhood with respect to the development of
that station, I have to agree with you, Commissioner Nance. I mean,
we currently have a policy that provides for meetings being held
during the hours that we're having them, like, for example, right now,
and I don't believe that we should be arbitrarily changing the hearing
times issue by issue. I think we have to be very careful about that.
So -- and in addition they've had a lot of-- I mean, they could
have their own -- they could have a meeting with the developer during
hours that are convenient for them.
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So I would tend to agree with you. And, again, it's not because I
don't think that this is a very important issue but because, as with so
many important issues, we've never done this, and we don't do it for a
reason. You know, this is the time that we conduct business.
VICE-CHAIRMAN NANCE: Well, I do think it speaks to
fundamental fairness. And nobody is more concerned about the
impact on working residents than I am. And, frankly, the residents and
working citizens in my district have to travel farther than anyone else
COMMISSIONER HILLER: No question.
VICE-CHAIRMAN NANCE: -- to reach this venue --
COMMISSIONER HILLER: And the fracking --
VICE-CHAIRMAN NANCE: -- whether it's a plan commission
meeting or a Hearing Examiner meeting or whatever, they're always
over here on the west side of the county. And, you know, it's not that
I'm not concerned. I just don't want to begin a process that I don't
think is -- that staff or the Board is really wanting to engage.
COMMISSIONER HILLER: And I agree with you.
VICE-CHAIRMAN NANCE: What are we going to do the next
time?
COMMISSIONER HILLER: And the -- if we want to explore
having evening meetings or having meetings in different locations, we
can do that, but that's separate and apart from this particular meeting
request on this particular issue.
VICE-CHAIRMAN NANCE: Commissioner Henning, then
back to Commissioner Taylor.
COMMISSIONER HENNING: Commissioner Taylor, remove
your motion, ask for a continuance of this item.
COMMISSIONER TAYLOR: When we have a full -- full
commission?
COMMISSIONER HENNING: Yeah. You know, we always try
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April 26, 2016
to accommodate the public, at least that's why we're here. We have
several items on today's agenda that was accommodating to people
outside county government. We always grant this. It just appears that
our meetings are too short, and we don't want to accommodate the
public. That's what I'm hearing.
COMMISSIONER HILLER: No, it's not.
COMMISSIONER HENNING: However, I'm going to remove
my motion so, therefore, there's not a motion, and I'm going to make a
motion to continue.
COMMISSIONER TAYLOR: And I would second that motion
-- I will remove my second, and I will second that motion, because I
think we need a full commission in order to make this decision.
COMMISSIONER HILLER: Commissioner Nance, what are
your thoughts?
VICE-CHAIRMAN NANCE: My thoughts are exactly what I've
already expressed, so if there's -- if there's -- do you have further
comment, ma'am?
COMMISSIONER TAYLOR: No.
COMMISSIONER HILLER: So are you against continuing this?
VICE-CHAIRMAN NANCE: Yes, I am. There's a motion on
the floor and a second.
All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN NANCE: All those opposed?
Aye.
COMMISSIONER HILLER: Aye.
VICE-CHAIRMAN NANCE: So it's 2-2, so the motion fails for
lack of a majority.
Item #11A
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April 26, 2016
AWARD BID #15-6484 TO QUALITY ENTERPRISES USA, INC.,
FOR THE "NEW MARKET ROAD SIDEWALK
IMPROVEMENTS" PROJECT FOR CONSTRUCTION OF
SIDEWALK IMPROVEMENTS ON BOTH SIDES OF NEW
MARKET ROAD FROM NORTH 15TH STREET TO EAST MAIN
STREET IN THE AMOUNT OF $1,468,940.26, PROJECT NO.
33423, AND AUTHORIZE THE NECESSARY BUDGET
AMENDMENT — APPROVED
MR. OCHS: Mr. Chairman, that moves us to Item 11A, and this
is a recommendation to award a construction contract for sidewalk
improvements on both sides of New Market Road to Quality
Enterprises USA, Incorporated, in the amount of$1,468,940.26, and
authorize the necessary budget amendments.
Mr. Jay Ahmad, your Transportation Engineering Director, is
available to present or respond to questions from the Board.
MR. AHMAD: Good morning, Mr. Chairman, Commissioners.
Jay Ahmad --
VICE-CHAIRMAN NANCE: I'll make a motion to approve. I
think it's a -- I think it's a tremendous project, and I know it's going to
be exceedingly well received out there in Immokalee.
COMMISSIONER TAYLOR: Second.
VICE-CHAIRMAN NANCE: This is something they've worked
for, for a long time.
COMMISSIONER HILLER: It is. Second.
VICE-CHAIRMAN NANCE: Commissioner Henning, then, I
think, Commissioner Taylor.
COMMISSIONER HENNING: How many -- how long is this
project, both sides?
MR. AHMAD: It's -- the project is from 111th to Bonita Beach.
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April 26, 2016
The motion that you are acting on today --
MR. OCHS: Jay, the first one. New Market Road.
MR. AHMAD: Oh, I'm sorry. This is New Market.
MR. OCHS: Yes, sir.
MR. AHMAD: It's approximately a mile.
MR. HALL: It's from -- Dan Hall, for the record. It's from State
Route 29 to State Route 29 or North 15th Street and Main Street.
COMMISSIONER HENNING: How many feet and inches?
MR. AHMAD: I'll get to it in a second, sir. I have a slide, if I
could. It shows the Station 8.
If I can have visualizer, Leo. Thank you.
Thank you. It's roughly from Station 10 to 127, so it's 117
stations; 11,700 feet; approximately two miles.
COMMISSIONER HENNING: Okay. Is that -- is this -- this is
federal money so it has to be a project managed by an outside
consultant?
MR. AHMAD: Yes, sir.
COMMISSIONER HENNING: Is that included in that?
MR. AHMAD: In your agenda today, there is a ranking
recommendation for a CEI. We don't have to use a CEI, but because
of staffing constraints, we are using an external CEI, and it's also paid
by -- a portion of that is paid by the state.
COMMISSIONER HENNING: Okay. Well, great. This is
definitely a walking community in Immokalee.
MR. AHMAD: Yeah. We think it's a great project for the city of
Immokalee, and it will be beneficial for those folks who walk there.
VICE-CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER TAYLOR: I'm wondering -- Mr. Ahmad, if
we could just have some -- you know, I'm a visual person -- some
pictures of exactly what's there now, if there's drainage there and
where these sidewalks are going to be laid. Thank you very much for
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April 26, 2016
that.
MR. AHMAD: Yeah. If I can have just a second, I'll get you to
the slide where it shows it.
COMMISSIONER TAYLOR: Thank you.
MR. AHMAD: The project is to add a 6-foot sidewalk on either
side of the street, and the street is -- roughly, it goes north/south. And
as you can see here, there's a 6-foot sidewalk and a 6-foot sidewalk.
Every time we cross a driveway or a street, there's culverts and
direct drainage, so we're not blocking drainage with our sidewalk.
That's essentially the project.
After we finish, I know our roadway maintenance is coming with
a project to resurface the roadway for the entire length of it.
COMMISSIONER TAYLOR: Okay. And there's drainage there
right now that's working; is that correct?
MR. AHMAD: Correct. If you could -- this is an eye chart, but if
you could see that there is swale on each side currently exists --
COMMISSIONER TAYLOR: Oh, I see.
MR. AHMAD: -- on either side of the street, and the sidewalk
will go on the other side of the swale.
COMMISSIONER TAYLOR: Good.
VICE-CHAIRMAN NANCE: Just for the interest of the
commissioners, on the northern leg of this road, it is very much
residential on both sides of the road, and there's going to be a lot of
foot traffic, particularly people traveling to and from the schools, from
Immokalee High School, I-Tech. There's a lot of people that are going
to be heading south to those.
From First Street south it is very much a business district. When
you get into that, you're into the farmers market, into the boneyard,
into business district that's very agribusiness centered. So it's going to
be -- it's going to be very -- very important to do this.
And I don't think there'll necessarily be that many schoolchildren
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April 26, 2016
on that leg, but there may be a lot of workers and people going to and
from work in their businesses during the day.
So I think this is going to be a -- it really is an issue of safety,
because there's a lot of a lot more heavy truck traffic on this part than
you would imagine that's coming out of the business district in
Immokalee on the south.
Commissioner Taylor?
COMMISSIONER TAYLOR: And I'm not familiar --
Commissioner Nance, you can help me with this. But that's what my
understanding is. When you start repaving roads, they become easier
to trans -- you know, to go across. They become faster. Are we -- is
this going to be a main thoroughfare for the large trucks?
VICE-CHAIRMAN NANCE: Well, it currently is.
COMMISSIONER TAYLOR: No matter what, right?
VICE-CHAIRMAN NANCE: Well, you know, ma'am, honestly,
it was my hope that the Immokalee loop road, which would have been
on your right on this photograph and it would have -- it would have
kind of been outside this road -- it was my hope that that was going to
happen sooner than later, but probably because of the $65 million
expenditure -- unexpected expenditure for State Road 82, it may delay,
unfortunately, the construction of the Immokalee loop road.
But the Immokalee loop road would be slightly to the east of this
road, and then probably at some point it would -- it would peel off so
that travelers on the loop road could get into the Immokalee business
district and not force that traffic in that -- kind of your upper left
segment of New Market Road, which is primarily residential.
That, hopefully one day, is going to be a more walkable and safer
community when the loop road is in and there is an alternative route
for people to travel.
But at present, let's just take the worst-case scenario. Let's say
that the proposed landfill project would have taken place. That would
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April 26, 2016
have put an increased volume of industrial sorts of vehicles not only on
Main Street but also, you know, maybe most likely on New Market
Road.
And this is the place where small businesses are, the state farmers
market is there, the local fruit harvesters and vendors, packers, are
located there.
So I think -- I think this is going to be critical for safety for some
time to come.
COMMISSIONER TAYLOR: And --
MR. AHMAD: To help you a bit, we are not widening the
roadway. This is just strictly sidewalks on either side of the roadway.
So it can't be anything but improvements to pedestrian safety.
COMMISSIONER TAYLOR: Okay.
MR. AHMAD: There's no issue with the increasing capacity.
We're not adding lanes or width here. We're just adding sidewalks.
COMMISSIONER TAYLOR: Okay. Very good. Yeah, I think
-- yeah, the concept of speed bumps would probably not work. So that
was my concern, but thank you very much.
MR. AHMAD: Welcome.
COMMISSIONER TAYLOR: I think -- yeah, I think when you
repave and you widen those shoulders, I think, is when it really
becomes a racetrack, you know, so to speak. So this is fine. Thank
you very much.
MR. AHMAD: You're welcome.
COMMISSIONER TAYLOR: Yeah, congratulations.
VICE-CHAIRMAN NANCE: Any other comments from
commissioners?
(No response.)
VICE-CHAIRMAN NANCE: Hearing none, there's a motion
and a second. All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
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April 26, 2016
VICE-CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
VICE-CHAIRMAN NANCE: Thank you very much. That
passes 4-0.
Item #11B
AWARD BID #16-6589, "MEMORIAL PATHWAY ON
VANDERBILT DRIVE," TO HASKINS, INC. FOR
CONSTRUCTION OF PATHWAY AND ROADWAY
IMPROVEMENTS IN THE AMOUNT OF $2,341,044.22,
PROJECT NO. 60178 — APPROVED
MR. OCHS: Item 11B is a recommendation to award a
construction contract for pathway and roadway improvements for the
Memorial Pathway on Vanderbilt Drive to Haskins, Incorporated in the
amount of$2,341,044.22. And Mr. Ahmad will --
COMMISSIONER HILLER: Motion to approve.
VICE-CHAIRMAN NANCE: Commissioner Hiller makes a
motion to approve. I will second that.
Is there any further --
COMMISSIONER HILLER: Can I speak to it?
VICE-CHAIRMAN NANCE: Yes, ma'am.
COMMISSIONER HILLER: This project, obviously, has been a
long time coming to Vanderbilt Drive, and the residents of the
community are really looking forward to having it.
What I would ask is staff update the community. They haven't
heard as to what is going on and would like to know the timetable as to
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April 26, 2016
when this will be started, when it will be completed, and, you know,
keep them apprized along the way if there are any delays. Stay
engaged with the community.
Again, this was a project that this community really, really
wanted. They need to be kept informed.
MR. AHMAD: Absolutely, Commissioner. Jay Ahmad, for the
record, director of transportation, engineering division.
You're absolutely correct. And it is our normal practice, once we
get the award by the Board, to hold a public information meeting
informing the public of our project and the construction, and the
contractor would be in attendance, and we are on track to do that as
well.
COMMISSIONER HILLER: Please let me know when that
meeting is going to take place.
MR. AHMAD: And we'll do that as well.
COMMISSIONER HILLER: Thank you.
VICE-CHAIRMAN NANCE: Any other comments?
(No response.)
VICE-CHAIRMAN NANCE: Hearing none, there's a motion
and a second. All those in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
VICE-CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
COMMISSIONER NANCE: That also passes 4-0. Thank you
very much.
Item #1 1 C
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April 26, 2016
RESOLUTION 2016-86: SEGMENT 1 — PARCELS 281 RDUE
THROUGH 305RDUE; RESOLUTION 2016-87: SEGMENT 2 -
PARCELS 306RDUE THROUGH 327RDUE;
RESOLUTION 2016-88: SEGMENT 3 — PARCELS 328RDUE
THROUGH 348RDUE; RESOLUTION 2016-89: SEGMENT 4 —
PARCELS 349RDUE THROUGH 375RDUE;
RESOLUTION 2016-90: SEGMENT 5 — PARCELS 377RDUE
THROUGH 404RDUE - AUTHORIZING CONDEMNATION OF
THAT LAND AND THOSE PERPETUAL EASEMENT
INTERESTS NECESSARY FOR THE CONSTRUCTION OF
ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS
REQUIRED FOR THE EXPANSION OF GOLDEN GATE
BOULEVARD FROM 20TH STREET EAST TO EAST OF
EVERGLADES BOULEVARD. (PROJECT NO. 60145).
ESTIMATED FISCAL IMPACT: $5,737,000 — ADOPTED
MR. OCHS: Mr. Chairman, Item 11C is a recommendation to
adopt a series of resolutions authorizing condemnation of land and the
easement interests necessary for the construction of roadway drainage
and utility improvements required for the expansion of Golden Gate
Boulevard from 20th Street East to east of Everglades Boulevard. The
estimated fiscal impact is $5,737,000, and Mr. Ahmad, again, will
present or respond to questions.
VICE-CHAIRMAN NANCE: Mr. Ahmad, I have one question
to start it off, and maybe that will -- this -- it's my understanding that
these resolutions will enable acquisition of property in eminent domain
if necessary.
MR. AHMAD: Yes, sir. This is, of course, condemnation of land
as our last resort, and this will allow us to proceed in a timely fashion
with our schedule to get to construction in 20 -- in 2020, which is the
year that's designated with the funding every year --
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April 26, 2016
VICE-CHAIRMAN NANCE: And funding is primarily to be
made through impact fees?
MR. AHMAD: Yes.
VICE-CHAIRMAN NANCE: Thank you very --
MR. AHMAD: Impact fees or other funding from the county.
VICE-CHAIRMAN NANCE: Yes, sir. Thank you very much.
I'll make a motion to approve --
COMMISSIONER HILLER: Second.
VICE-CHAIRMAN NANCE: -- the resolutions.
There's a motion and a second.
Comments from commissioners?
(No response.)
VICE-CHAIRMAN NANCE: Hearing none, all those in favor,
signify by saying aye.
COMMISSIONER TAYLOR: Aye.
VICE-CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
VICE-CHAIRMAN NANCE: That is approved 4-0. Thank you
very much.
MR. AHMAD: Thank you very much.
MR. OCHS: Item 11G was previously Item 16D6. It was moved
to the regular agenda at Commissioner Taylor's request.
This is a recommendation to accept the preliminary needs
assessment for setting spending priorities for the U.S. Housing and
Urban Development Entitlement Grant Funds.
And Ms. Grant will make the presentation.
VICE-CHAIRMAN NANCE: Commissioner Taylor?
COMMISSIONER HILLER: Do we have enough --
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April 26, 2016
COMMISSIONER TAYLOR: Yes.
COMMISSIONER HILLER: Can I ask a question? Do we have
enough time to hear this and -- before we break for lunch, or do we
want to wait for Commissioner Fiala's return?
COMMISSIONER HENNING: I think we ought to wait till
Commissioner Fiala's return.
COMMISSIONER TAYLOR: That's fine.
COMMISSIONER HILLER: Maybe we should do that.
VICE-CHAIRMAN NANCE: Okay. You want to go to 11 --
COMMISSIONER HILLER: 11H.
VICE-CHAIRMAN NANCE: You want to go to 11H? If that's
the will of the board, we'll do that.
Excuse me, ma'am. We'll take -- we'll take you up after the lunch
break.
Item #11H
AWARD CONTRACTS UNDER REQUEST FOR PROPOSAL
#15-6521, "INFORMATION TECHNOLOGY ON-CALL
SERVICES" TO TWO CONSULTANTS: EXECUTIVE
ALLIANCE GROUP, INC. AND HYPERTEAM USA BUSINESS
CONSULTING, INC. TO PROVIDE SUPPLEMENTAL
INFORMATION TECHNOLOGY (IT) SERVICES ON AN AS
NEEDED BASIS — APPROVED
MR. OCHS: 11H was previously 16E3. It was moved to the
regular agenda by Commissioner Henning, and this is a
recommendation to award a contract for Information Technology
On-Call services to two consulting firms, and Mr. Berrios is available
to make the presentation or respond to questions from the Board.
VICE-CHAIRMAN NANCE: Commissioner Henning?
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April 26, 2016
COMMISSIONER HENNING: Yeah, thanks. What is this -- the
total of two contracts? What's the value of it?
MS. MARKIEWICZ: Joanne Markiewicz, Procurement Services
Director.
In the past, Commissioner, we have issued about three-quarters of
a million dollars over four-and-a-half years.
COMMISSIONER HENNING: No, no, no. Not in the past.
What are these contracts' values?
MS. MARKIEWICZ: They are on-call service contracts. So as
the needs arise --
COMMISSIONER HENNING: Is there a limit? Is there a limit?
MS. MARKIEWICZ: There is a limit. For each purchase order,
it's not to exceed $200,000.
COMMISSIONER HENNING: Could it be a billion dollars?
MS. MARKIEWICZ: No. No, sir, it couldn't.
COMMISSIONER HENNING: So there is a limit?
MS. MARKIEWICZ: The contract has a limit for each of the
vendors at $750,000 a year.
COMMISSIONER HENNING: Seven hundred fifty --
MS. MARKIEWICZ: Yes, sir.
COMMISSIONER HENNING: -- for one of the contractors,
right?
MS. MARKIEWICZ: Yes, sir.
COMMISSIONER HENNING: Okay. Well, see, that was my
question. I wanted to know what the value of it was. You understand?
MS. MARKIEWICZ: Yes, sir.
COMMISSIONER HENNING: Okay. Now, what's confusing
about this is Attachment Schedule A of payment reimbursement. And
I think this goes to some of the problems that we have about payment.
We don't know if it's lump sum. We know -- we know that the
contractors are -- they give their hourly rate within the bid, right?
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April 26, 2016
MS. MARKIEWICZ: They did, sir, yes.
COMMISSIONER HENNING: Okay. But that's -- that's the
only thing that we know about the pricing on this. We don't -- how are
they going to be paid?
MS. MARKIEWICZ: For each order there is a purchase order
that is issued. On that purchase order will either be a lump sum quote
or a time and material quote. That quote, then, will be referenced in
the contractor's invoice, and the Clerk will audit to that invoice and to
that quote.
COMMISSIONER HENNING: Where's that in the contract?
Because I was looking for it. I may have overlooked it.
MS. MARKIEWICZ: I believe it was section --
MR. CASALANGUIDA: Article 5.
MS. MARKIEWICZ: Article 5, yes.
MR. CASALANGUIDA: It's in compensation, sir.
MS. MARKIEWICZ: And the language in Section 5 is the
Board-approved language.
MR. CASALANGUIDA: I can scroll down, and you can tell me
when you want me to stop. It talks about either -- lump sum, then it
goes to time and materials, or unit price.
COMMISSIONER HENNING: Well, is there any materials in
this? I mean, it's --
MR. CASALANGUIDA: They could, and there's a markup limit,
I believe, of 50 percent or actual costs. I'll have to look in one, but
there's a limit. So if they have to go buy a switch to go do the job, a
router switch, they would bring it back to the county and say, I
purchased a switch. Here's my copy of the purchase, if they bought
materials.
COMMISSIONER HENNING: How -- are you going to ask
each of the vendors for a quote on -- before utilizing them?
MS. MARKIEWICZ: Yes, sir. Schedule A is the way we would,
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April 26, 2016
in essence, ask a contractor to quote out a job for us. That's on Page
31, Nick?
MR. CASALANGUIDA: I'm going to get there.
COMMISSIONER HENNING: Would it be Packet Page 2010?
MR. CASALANGUIDA: There's two Schedule A's sir.
Schedule A is your -- how you would issue the work order, and two
contracts have them in there. They both have them. And then there's a
fee schedule that's Schedule B. That's the rates.
So each one has a Schedule A, which would be how you would
issue the work. So you'd identify the task, you would identify whether
it was lump sum, lump sum reimbursables, time and materials, or cost
plus, and then you'd use Schedule B to develop the time and materials
or an estimate for a lump sum.
COMMISSIONER HENNING: Okay. Now I understand it
because in the -- in the past, we had payments it will have, like tasks,
Task 1, Task 2.
MR. CASALANGUIDA: Yes, sir.
COMMISSIONER HENNING: Actually what's going to be
done. So you're only using this as a template for the work order?
MR. CASALANGUIDA: That's exactly correct, sir.
COMMISSIONER HENNING: Now I understand.
All right. Motion to approve.
COMMISSIONER TAYLOR: Second.
VICE-CHAIRMAN NANCE: There's a motion to approve and a
second. Any further comment?
(No response.)
VICE-CHAIRMAN NANCE: Hearing none, all those in favor,
signify by saying aye.
COMMISSIONER TAYLOR: Aye.
VICE-CHAIRMAN NANCE: Aye.
COMMISSIONER HILLER: Aye.
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April 26, 2016
COMMISSIONER HENNING: Aye.
VICE-CHAIRMAN NANCE: Any opposed, like sign.
(No response.)
VICE-CHAIRMAN NANCE: That passes 4-0.
All right. Lacking another -- do we have any other items, Mr.
Ochs, that are short time?
MR. OCHS: No, sir.
VICE-CHAIRMAN NANCE: Why don't we break for lunch, and
we will reappear in this room and continue at 1 p.m.
MR. OCHS: Well, you have one item -- you have public
comments and one item, and then you have an 11 -- excuse me -- a
1 :30 time-certain, so...
COMMISSIONER HENNING: 1:30 time-certain.
MR. OCHS: Excuse me, a 1 :30 time-certain. You come back at
1 :15, or if you think it will take you between 1:00 and 1 :30 to do
public comments and staff--
VICE-CHAIRMAN NANCE: At the pleasure of the Board.
When would the Board like to return?
MR. MILLER: I have no registered public comment at this time,
sir.
VICE-CHAIRMAN NANCE: Okay. Well, we'll come back at
1 :15. That will give you a couple more minutes to enjoy eating a
cookie or whatever you need to do to steel yourself for the afternoon's
activities.
MR. OCHS: Very good.
VICE-CHAIRMAN NANCE: Thank you very much. We're in
adjournment till 1 :15.
(A luncheon recess was had.)
COMMISSIONER NANCE: Are we back in action?
MR. OCHS: Yes, sir.
COMMISSIONER NANCE: Before I -- before I return the gavel
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April 26, 2016
back over to Commissioner Fiala, I had something occur to me here.
You know, it's no secret that my office is the messiest of any of the
commissioners. I mean, this is definitely not a secret. And I've been
accused -- my office has been accused (sic) of something akin to a
landfill from time to time because I use a lot of paper, and I've been
done -- you know, I kind of work on the idea that piling is filing
sometimes. So I have these dangerous piles of things.
Anyways, I was thinking about today's activities, and I was
looking around and looking through my inventory of different things I
keep for special occasions, and it occurred to me that under the
circumstances, there's something that's probably in order, and so I was
looking for something, and darned if I didn't find something here.
So in honor of-- you know, we have kind of this informal
proclamation to establish Commissioner Fiala as the pickle queen for
2016, so I wanted to present her with this and allow her to get her
photograph taken with a jar of pickles.
So stand up and get your picture taken, Commissioner.
CHAIRMAN FIALA: Okay. Well, thank you so much,
Commissioner Nance. Shall I eat one right now?
COMMISSIONER NANCE: You can.
CHAIRMAN FIALA: Maybe I'll save it.
COMMISSIONER NANCE: Don't -- let's not drop it on the floor
because then facilities would probably have to declare an emergency.
So I'll set it back here for you.
CHAIRMAN FIALA: Oh, thank you so much. Thank you. That
was so cute.
COMMISSIONER HILLER: That was funny.
CHAIRMAN FIALA: Oh, my goodness.
COMMISSIONER NANCE: And now I'll return the gavel to the
chair.
CHAIRMAN FIALA: Thank you. So the meeting is back in
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April 26, 2016
order, kind of.
Item #7
PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE
CURRENT OR FUTURE AGENDA
MR. OCHS: Commissioners, that moves us to Item 7, which is
public comments on general topics not on the current or future agenda.
MR. MILLER: I have no registered speakers for public
comment, ma'am.
CHAIRMAN FIALA: Okay.
Item #1 1 G
ACCEPTING THE PRELIMINARY NEEDS ASSESSMENT FOR
SETTING SPENDING PRIORITIES FOR THE U.S. HOUSING
AND URBAN DEVELOPMENT (HUD) ENTITLEMENT GRANT
FUNDS — APPROVED
MR. OCHS: Then, Madam Chair and Commissioners, that
would take us to Item 16D6 that was moved to Item 11G on your
agenda. This is a recommendation to accept the preliminary needs
assessment for the -- for setting spending priorities for the U.S.
Housing and Urban Development Entitlement Grant Funds.
Commissioner Taylor had moved this to the regular agenda, and
Ms. Grant will present.
MS. GRANT: Good afternoon. Kim Grant, Director of
Community and Human Services, for the record.
I can present this, or I can take questions, whichever you prefer.
COMMISSIONER TAYLOR: Well, the reason I wanted it
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moved -- it's very straightforward. It's very clear.
My thought was if we could narrow the choices down in each
category to target certain areas for -- that HUD would support. For
instance, support for rental housing or -- and especially transit. And
those two items are listed within the hierarchy of which you gave us.
I was just thinking, is it more effective instead of spreading it out?
Because it's not a lot of money, but it's money. Instead of spreading it
all out, would it be more effective to target? I'm talking with my hands.
I do apologize, but I'm just trying to express what I was thinking.
CHAIRMAN FIALA: It's easier to express with your hands.
COMMISSIONER TAYLOR: Yeah. So I'll wait to hear from
you, ma'am.
MS. GRANT: Okay. Well, the needs assessment is developed
based on both data about the needs in our community and also
extensive community input.
So when this list is put together, it's already been culled through
to come to the highest priority needs.
Also, each year we accept applications through a competitive
round for funding, and every year we do not necessarily get an
application for every type of project.
So my recommendation would be that we keep with the basic
categories as has been identified because they are the priority needs;
however, one thing I could offer to the commissioners is in subsequent
years after this year -- and I'll come back in a second to explain why
not this year -- the commissioners could choose to award additional
points for projects that meet certain categories or certain priority needs.
So, for example, in a particular year there was a substantial desire to do
more with rental, we could consider awarding more points in the
process for that. So that would be my response.
Now, why not this year? Because each -- every five years, as is in
the executive summary we're required to do, consolidate a
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April 26, 2016
plan/strategic plan. The way HUD has put their regulations together,
we do this simultaneously with our solicitation for projects, which we
are already, essentially, through.
We're doing the final vetting of those projects, so I'm not able to
go back and award additional points for this particular round. But
these needs are for the next five years.
So in the next four years, should the Commission desire to sort of
prioritize or give additional favor or points to particular of the needs,
we could certainly do that.
COMMISSIONER TAYLOR: Okay. So the housing and
homeless needs -- and you have them -- you have categories and the
subcategories within those categories. So those categories are
standard? That's -- those are the -- what HUD gives you; is that
correct?
MS. GRANT: There could be broader categories. These are the
categories --
COMMISSIONER TAYLOR: No, I want narrower.
MS. GRANT: Yeah. These categories do fit within HUD's
requirements, but they are the ones that surfaced through the data,
analysis, and the community input as being most significant in our
community.
COMMISSIONER TAYLOR: Okay. Very good.
So I'm really quite satisfied with that response. And this was
never challenging what you did. It was wondering if we could even
hone it down and silo it more, but I understand from your explanation
that's probably not the wisest thing to do.
MS. GRANT: Okay.
COMMISSIONER TAYLOR: Thank you.
CHAIRMAN FIALA: Are we also in this -- as long as we're
talking about this one, are we also trying to -- and I don't know if these
categories, any of them, do this -- trying to encourage income -- jobs
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April 26, 2016
for new people that are coming to the community who are just starting
a new job, you know, or being hired by a company that's bringing them
down, down to this area? Is any of this money going to that, or is it
just going -- I saw that it was doing repairs and assistance to help buy a
place and so forth. I didn't know if any of this can even target that
category.
MS. GRANT: May I ask a clarifying question? Are you asking
whether we can specifically use this money to create jobs?
CHAIRMAN FIALA: No, no, no.
MS. GRANT: Are you talking about --
CHAIRMAN FIALA: If somebody's already being brought
down here to work a job. Say, for instance, the county is bringing
somebody out of New Jersey to work in your department, and -- a
qualified person who really would be good in the housing community
but right now the person isn't hired at very much money and probably
doesn't even have money to get down here but they would love to
move down and stay here. Is there money to help them?
COMMISSIONER HILLER: Like, relocation money?
MS. GRANT: For relocation?
CHAIRMAN FIALA: No, not relocation. Just to get a place to
live or --
COMMISSIONER TAYLOR: Establish.
COMMISSIONER HILLER: That's typically a relocation.
CHAIRMAN FIALA: But they're not -- you know, they're not
very, very low income. They would be paid by us so -- you know, but
moderate.
MS. GRANT: Okay. Let me answer that question very broadly.
The vast majority of the funds for this plan here, the entitlement funds,
HUD -- I'm sorry, CDBG, HOME, and ESG, are for persons making
80 percent or below of the area median income.
CHAIRMAN FIALA: Okay. Well, then it would help them.
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April 26, 2016
MS. GRANT: Within that we do have housing priorities. So if
you have someone at 70, 75 percent, they may very well qualify for
one of the programs or go into a rental unit that's being constructed
with these funds.
CHAIRMAN FIALA: Uh-huh. That's what I was wondering.
So that's good.
MS. GRANT: Okay.
CHAIRMAN FIALA: All right.
COMMISSIONER HILLER: I do have -- may I ask a question?
CHAIRMAN FIALA: Sure.
COMMISSIONER HILLER: But all of this is contingent on
them having the credit available to get funding from a bank.
MS. GRANT: Absolutely. Yeah. If we were doing -- for
example, purchase assistance, we would be the second, you know,
mortgage, and there would be a primary lender, correct.
COMMISSIONER HILLER: And so we would actually hold a
mortgage.
MS. GRANT: Correct.
COMMISSIONER HILLER: Right. That's my understanding.
COMMISSIONER TAYLOR: Okay. Well, I make a motion to
approve it as submitted.
CHAIRMAN FIALA: Do I hear a second?
COMMISSIONER NANCE: Second.
CHAIRMAN FIALA: Okay. And a second.
No other comments, all in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed, like sign.
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April 26, 2016
(No response.)
CHAIRMAN FIALA: Thank you.
MS. GRANT: Thank you.
MR. OCHS: Thank you, Madam Chair and Commissioners.
I don't believe that we have anything else, pending our 1 :30.
Item #10A (Continued from earlier in the meeting)
AUTHORIZING A TIME CERTAIN OF 5:00 PM FOR THE
RACETRAC GAS STATION ITEM WHEN IT IS SCHEDULED
FOR AN UPCOMING BCC MEETING IN ORDER TO
FACILITATE PARTICIPATION BY WORKING RESIDENTS OF
THE COMMUNITY CONCERNED ABOUT THE RACETRAC
DEVELOPMENT PROPOSAL ON US41 BETWEEN PALM AND
FREDERICK STREETS - MOTION TO APPROVE TIME
CERTAIN — APPROVED
COMMISSIONER HENNING: We have -- we have one 11A
(sic) that we made a motion to continue and it failed; however, we
never did vote on it up or down.
MR. OCHS: Okay. I think you mean 10A, sir?
COMMISSIONER HENNING: 10A, yeah.
COMMISSIONER TAYLOR: 10A.
COMMISSIONER HENNING: 10A is --
MR. OCHS: That's the recommendation to authorize a
time-certain at 5 p.m. for the RaceTrac gas station hearing when it
comes before the Board.
COMMISSIONER HENNING: I'll make a motion to approve. I
think there's going to be certain circumstances in the future where you
have a working community that wants public input, and this is a
perfect example of why you want to hold it in the evening.
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Quite frankly, when Commissioner Fiala and I started, for the last
10 years it was always after 5 o'clock. That's my motion.
CHAIRMAN FIALA: I'll second. Thank you.
Commissioner Hiller? Oh, I'm sorry. Did you have your button
on first?
COMMISSIONER TAYLOR: I did.
CHAIRMAN FIALA: Go ahead.
COMMISSIONER TAYLOR: The -- Commissioner Fiala, you
weren't here, but we brought it back through procedurally, and the
issue that was expressed by two of my colleagues up here was that,
you know, oh, my gosh, we're going to set a precedent, but I don't
think so.
This is -- this is a vote of the commissioners. This isn't one
commissioner saying, okay, I'll -- you know. And so it has to be
decided in a public meeting, and there are conditions that need to be
met to get the support.
And so I don't see this as precedent setting or, you know, sending
a signal that everybody can come here late or, you know, whatever.
This is -- to me, this has been a very passionate, almost
heart-wrenching and, certainly I've seen it, tearful eyes when people
talk about the impact of this gas station. And these are working-class
folks, and they just need to know that the Commission is open to hear
them. And so I thank you very much for your second.
CHAIRMAN FIALA: I agree, by the way.
Commissioner Hiller?
COMMISSIONER HILLER: Yeah. I feel very strongly that we
shouldn't be singling one group out and benefiting them. There are so
many issues that we hear that involve the working community that, if
we're going to do this, I think we have to have a policy and maybe, you
know, one meeting a month should be held at 5 p.m. and should be
hosted in the evening.
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April 26, 2016
I don't think it's fair to benefit one group when we haven't
benefited other groups the same way that are groups that involve, you
know, the working community.
I would like to see a policy that we have, you know, a certain
number of meetings a year or a month in the evening. If we're going to
go that route, I want to see it as an opportunity for everyone who
works out there, not just this one group.
And like I said, I don't believe that one group should be benefited
by a majority vote and all the other citizens in this community, you
know, not have that same opportunity on the issues that are just as
passionate, just as concerning, and just as worrisome to them as this
issue might be to this group.
So, I mean, I can't support it individually. I will support it if you
support it for the whole county.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: Because it's not one group of
working citizens. It's for all working citizens.
CHAIRMAN FIALA: I don't know. I think right now this is --
this is the first time we've been asked to do this in a long time. We did
it many years ago. I haven't had one ask.
Usually anybody -- any of the retirees anyway, don't drive at
night. They want to be here.
COMMISSIONER HILLER: But it's --
CHAIRMAN FIALA: I would think we could take it on a
per-basis right now and just see how it goes. I don't know if everybody
else agrees with me.
Commissioner Nance?
COMMISSIONER NANCE: I don't have any comment.
CHAIRMAN FIALA: Okay. Okay.
COMMISSIONER HILLER: I think we have to help everybody.
And, you know, we're here to serve the public, and if we're here to
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serve the public, we should be serving the working community, and we
should have, you know, one meeting a month that's in the evenings so
that the working community can come. And, you know, we can work
on trying to schedule those issues that related to more of the working
community than retirees accordingly.
COMMISSIONER HENNING: This is not -- that's not on the
agenda.
COMMISSIONER HILLER: Oh, but it very much is, because
that's what this is.
COMMISSIONER HENNING: That's not on the agenda.
CHAIRMAN FIALA: It makes it difficult for the TV stations,
too, because they don't -- they can't send their people over.
COMMISSIONER HILLER: Sure, they can.
CHAIRMAN FIALA: And newspapers don't hire their people
after 5 o'clock.
COMMISSIONER HILLER: Well, they're working all the time.
CHAIRMAN FIALA: Okay. Well, I'm not going to argue with
you.
We have a motion on the floor and a second. Any further
comment?
(No response.)
CHAIRMAN FIALA: All in favor, signify by saying aye.
COMMISSIONER TAYLOR: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HENNING: Aye.
CHAIRMAN FIALA: Opposed?
COMMISSIONER NANCE: Aye.
COMMISSIONER HILLER: Aye.
CHAIRMAN FIALA: Okay. That's two.
Very good. Moving on.
MR. OCHS: We have one item -- pardon me?
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April 26, 2016
COMMISSIONER HENNING: Read it slow.
MR. OCHS: There we go. Thank you, sir, for that little segue.
Item #1 OC
DIRECTING THE COUNTY MANAGER TO SOLICIT BIDS FOR
A NEW TOURISM MARKETING AND PROMOTION
CONTRACT - MOTION TO DENY — APPROVED
MR. OCHS: Now we're moving to Item 10C. It's a
recommendation directing the County Manager to solicit bids for a
new tourism marketing and promotion contract. This item was
brought forward by Commissioner Taylor.
COMMISSIONER TAYLOR: Thank you very much. I have --
as chairman of the TDC, the meeting before last I brought an issue to
ask the TDC regarding the contract again and the fact that it was a very
large contract if it was let out for the six full years with two renewals
and that perhaps based on that it shouldn't be, and the TDC decided, I
think it was 5-3, not to rebid the contract but to look at it again in two
years.
I'm bringing this forward now because I didn't have the
information to present to the TDC that I have now. And this is
specifically and clearly about the contract, a contract that basically
rewards a contractor, whomever that contractor is, to spend more
because then their fee is higher, a contract that basically doesn't require
a vendor or a subcontractor or sub-vendor to submit quotes, a contract
that basically, because of just the way it's constructed, turns its back on
local people and the local businesses, because when you don't go out
and ask for quotes, you don't know who -- you don't have the
opportunity to bid on these jobs.
And so when I immersed myself in this and brought this forward,
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I realized that the current contractors -- this contract is up in September
of this year, and, certainly, I think that's -- you know, I think the
vendor -- I would encourage the current contractor to come back and
bid again.
I'm -- this is, again, not about the current contractor, but that in
September when the contract expires, that we should create a new
contract, a new contract that doesn't reward a contractor because they
spend more money.
And I understand it's tourist dollars. I understand it's a very
lucrative fund, but at the same time it's -- it is money that we need to
oversee and we need to look at and, frankly, we need to make sure that
in the process of the way that we do business in this county we include
local vendors, we give them the opportunity to bid on jobs, and when
there's no bidding we don't know.
The other aspect of this is the fact that the expenses are -- you
know, when we travel as commissioners, we have a per diem. There's
no per diem in this contract. They hired -- there's no this is how much
you could spend. We don't know what was spent on these -- these --
well, they're called "campaigns," for lack of better word, but these
projects. We don't know what's spent.
And I think that's important. I think we -- I think if
commissioners are required to have a per diem, certainly when we go
out there, we need to have that incorporated in all of the work that we
do. Not we do, but we as a county does.
And then, finally, I think that it would be a great opportunity to
show our local community who feels that, in particular, the tourism
and marketing department of Collier County has turned its back on
them, because I've heard it from several areas and in several ways.
And I'm not sure that's true but, frankly, if you're going to bring in
photographers from California and models from Miami and production
companies from Miami, you're going to spend more money because
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there's lodging, there's meals, there's all those things that go into
keeping a budget high enough. And when you base your fee on how
high the (sic) budget, you know, one and one makes two here, the
more money you spend, the more money you make, and I don't think
that's the way we do business in Collier County.
CHAIRMAN FIALA: You know, usually I wait my turn and I
take up last seat because, naturally, as the chair that's what you should
do. But in this case, I just have to say a couple things because I come
from that industry, and I was very, very involved in producing things
for the airline, right --
COMMISSIONER TAYLOR: Yes, yes.
CHAIRMAN FIALA: -- and so forth. And one of the things I
learned is, you get -- if you want to go first class, you have to go get
the first-class people to work for you.
Like, for instance, we all know a lot of movie stars and so forth
live in Miami. That's where they get their big production things going.
They film things there, but especially -- I read about the movie stars
living there all the time, and I would guess that there's a great
modeling community in there as well. Possibly that's why they go
there.
And I know the hoteliers -- and I talk with the hoteliers a bit here
and there -- actually a lot and -- because, of course, on Marco Island
that's --
COMMISSIONER TAYLOR: That's the --
CHAIRMAN FIALA: -- they're the king over there. And they
prefer to pay for the highest quality advertising that they can get.
I understand that because we all, all of us, reap benefits from it.
The more money they take in as far as the tourism industry goes and
the TDC dollars, they renourish the beaches. Yes, it's in their contract
to renourish the beaches, and they renourish them, and we don't have
to renourish them.
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And they donate into the -- not donate. They pay into the
museum fund. They pay -- well, they do a lot in the parks. We find a
lot of things; like, for instance, with pickle ball today. You know, the
TDC donated money into that to -- you know, to generate more
tourism.
Well, I think in this case what they're trying to do is hire the best
of the best. Talking with some of the people from the industry, they
don't want a change. They like it the way it is because they feel like
they're getting the highest quality.
I think they're heartbroken that we already owe this vendor over a
half-- nearly a half a million dollars that we've never paid them. I
think that's so wrong. I think that's wrong. Why should he have to
suffer because there's some kind of stuff going on here? I think that's a
shame.
And you were talking about contracts. Crystal, did you help them
create that -- did you participate in the development of their contract?
MS. KINZEL: No, ma'am.
CHAIRMAN FIALA: Are you sure? You didn't --
MS. KINZEL: I'm sure.
CHAIRMAN FIALA: You didn't -- you didn't participate in the
creating of the TDC contract --
MS. KINZEL: No.
CHAIRMAN FIALA: -- for this firm? Okay. I had understood
that you did.
COMMISSIONER HILLER: Staff, was Crystal involved when
this contract was being developed? I mean, what was Crystal's
involvement with this?
MR. OCHS: You want -- Madam Chair, you want the staff to
make their presentation now, or do you --
CHAIRMAN FIALA: Oh, sure.
COMMISSIONER TAYLOR: Madam Chair, may I respond just
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April 26, 2016
to what -- your remarks?
CHAIRMAN FIALA: Sure.
COMMISSIONER TAYLOR: And, specifically -- and I think it's
wonderful. I think the advertising has been very effective. I think the
vendor has been very effective advertising. The outreach has been
incredible.
We're down a little bit but, you know, that has a lot to do with a
lot of other factors, and I don't think it's put directly on the shoulders of
the vendor.
And I want the vendor to come back and rebid, but I think the
contract, the contract, not -- not what we agree on the budget. Not
what the -- how skillful the vendor is. What we have to do is rewrite
that contract so that it's -- it doesn't reward a vendor to spend more
money to get more.
CHAIRMAN FIALA: But like you said, spend more money. So
you were talking about getting models from Miami?
COMMISSIONER TAYLOR: No. I'm talking about the 10
percent fee. There's a 10 percent fee that is based on the budget. So
they come to us, whomever it is --
CHAIRMAN FIALA: So, in other words, it almost sounds like
you're calling them crooks, and it doesn't sound --
COMMISSIONER TAYLOR: No, ma'am. That's the way the
contract is written.
CHAIRMAN FIALA: Well, I --
COMMISSIONER TAYLOR: The contract is written that they
get 10 -- their fee. Their fee is 10 percent of the budgeted that we
approve. Now, it comes before us. We have to approve this budget.
It's 10 percent.
So rather than say there's a flat fee here, it's not predicated on how
large the budget is -- because, remember, under this contract, the
budget's gone from four million five hundred to five -- five million five
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hundred to six million five hundred.
CHAIRMAN FIALA: So, you know, the Clerk already owes him
a half a million dollar he won't pay --
COMMISSIONER TAYLOR: May I speak --
CHAIRMAN FIALA: What is he getting 10 percent of when
they can't even get a paycheck? They're driving them out of business.
COMMISSIONER TAYLOR: May I speak to that?
CHAIRMAN FIALA: Yeah.
COMMISSIONER TAYLOR: Okay. I was at -- that happened
in the TDC yesterday.
CHAIRMAN FIALA: You know I was sitting in on it?
COMMISSIONER TAYLOR: Oh, you were? Okay. So then
you heard what Mr. Hames said. He said, we always had -- we always
gave you itemized invoices. He said, you know -- and I think the
question was posed from the Clerk's -- well, why did you stop? And
that wasn't answered.
So they're going to get paid because he's already got the
documentation. It was the documentation that's lacking. And
somewhere in the -- in the communication, I guess, there's been some
misunderstanding. But yesterday right in this chambers --
CHAIRMAN FIALA: I had to leave then, too, so I probably
didn't hear that.
COMMISSIONER TAYLOR: Okay. Right in this chambers, it
was decided that this week -- I don't know if the Clerk's Office is going
up to Tampa -- but they're going to get paid, because they weren't
giving the documentation that the contract required. That's all.
CHAIRMAN FIALA: To the specificity that it --
COMMISSIONER TAYLOR: That the contract required. That
was my understanding. But they're coming back before us in 30 days
to make sure he got paid, but that's my understanding what happened.
CHAIRMAN FIALA: So, Leo, would you tell me about that -- I
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want to call on you, Jack, but --
MR. WERT: Okay.
CHAIRMAN FIALA: -- I made a statement that I thought
Crystal helped to develop that contract. Can you tell me -- this is what
I heard from staff, so I just want to clarify it before I go any further.
MR. OCHS: Yes, ma'am. It would be answered in part of Jack's
response if you would allow him to kind of go through the chronology.
CHAIRMAN FIALA: Sure, sure.
MR. OCHS: And if it isn't answered, then we'll be -- we'll be
happy to answer it directly again for you.
CHAIRMAN FIALA: Thank you.
MR. WERT: For the record, Jack Wert, your tourism director.
And I have just a few slides that I think will kind of state some of
the answers to the questions that have been asked.
First of all, Paradise Advertising has been our agency of record
for 12 years. They first won the account in a competitively bid
process, and they won over several other firms. Each time that that
contract was up, we rebid it again with that same process through
county purchasing, following the purchasing policy and procurement
policy.
MR. OCHS: Jack?
MR. WERT: Yes.
MR. OCHS: Excuse me. Let me interrupt.
MR. WERT: Yes.
MR. OCHS: This most recent contract started in October 1st of
2014?
MR. WERT: 2014, correct.
MR. OCHS: In that solicitation, were there more than one --
MR. WERT: Yes, yes, there were.
MR. OCHS: -- bidders?
MR. WERT: Actually, I do have a slide that shows what that
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history was. If you go back in the early days, four firms responded
when the budget was around a million dollars in '10. Again, four firms
responded, and three additional sent a no-bid message, so a total of
seven. The budget at that time was $2 million.
And then in '14 there were five firms that responded to the RFP,
and one sent a no bid message, and at that point the budget was $2
million.
So that's kind of the history. Each of those was done with an RFP
process following the procurement policy, so it was competitively bid.
This kind of gives you a bit of a history going back. I went back
to 2008 and looked at what the budgets were for our -- the contract,
what the service fee was. In those days we had some emergency
situations, as you will recall. In '9 we had the downturn in the
economy; '10 we had the oil spill in the gulf. Started coming out of it.
And at that point we had an ongoing discussion about how can we
get more dollars for destination marketing? And in '13 you may recall
we actually reallocated the tourist tax and gave us some additional
dollars.
Four -- beginning in '14 and '15, you'll see that the change orders
stopped because the contract at that time, we structured it. And I'd call
your attention to a meeting that happened in -- August 12th of 2014 in
the purchasing department. That was -- the County Manager was
represented, Crystal was there, Joanne Markiewicz, Adam Northrup
from purchasing, and myself.
We went through the RFP and the fact that Paradise had been
chosen. We went through a draft of the contract at that time. And we
left that meeting with agreement from the Clerk's finance department
and from the County Manager and ourselves that this contract
adequately answered everything that the RFP asked for and that the
contract, in fact, would do two things.
First of all, it would eliminate change orders in the future,
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because the budget for the agency was based on the County
Commission approved budget for destination marketing, and that plan
-- each year you see that plan. Here's this current year's plan.
And in the back of this book -- again, this is a detailed budget on
virtually everything we're going to do for the year. It goes into the
sales. It goes into public relations, the international market.
Everything is laid out here in terms of what we're going to spend, what
markets we're going to go after, what cities specifically during the time
of year that we go after it.
So that plan is -- so let's say halfway through the year we do have
a hurricane and we have an emergency situation and that we have to go
to our emergency funds and say, we need a little bit more to get the
word out that, perhaps, our coast is clear and other places have been
damaged by the storm.
Those dollars would raise the dollar amount of the destination
marketing, but it would come to this board, and if you approved it, that
would increase the approved budget for destination marketing and, yes,
the fee would go up some.
But that's not at the behest of the ad agency, nor is that budget,
honestly. That budget -- in this case, this year $5 million is the
destination marketing budget, and it is in this plan that you approved
last October.
That amount of money for destination marketing came out of a
series of meetings that we have every year, quarterly, and a summer
meeting where we bring the whole tourism industry together and we
put this plan together, and we then build what will it take to deliver
that plan in dollars.
That's tempered by what amount of money we see from the
budget office that they're anticipating we're going to get in tourist tax
revenue.
So all of that is planned. That is not any vendor coming to us and
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saying, we've got to spend $5 million this year. That is not how that
works at all. There truly is not an incentive for the agency to do
anything other than to stay within the budget that is approved by the
County Commission.
I just did a quick analysis here of last year -- I have this up on the
screen now -- of showing you how much last year went through the
advertising agency. The budget last year was $4 million for
destination marketing. We had a stellar year in 2015. So we invested
more dollars this year in finding more ways to be in the marketplace
year round. That was a goal of the industry.
Commissioner Hiller had a special committee that we worked on
for almost two years to come up with a plan of, where do we need to
be here in five years? How much will it take to be in the marketplace
year round like our competitors were? And, honestly, we were in the
marketplace five months a year. We weren't beginning to recognize
the potential that we had.
So last year that budget for paid media was a little over $3.1
million. And I want to point out that's a pass through. That -- all of
that media is bought at net, at cost. There is no commission. The 10
percent that Commissioner Taylor mentioned is 10 percent of the total
budget, not the media budget.
So that pays for not just the media department doing all of the
negotiating and buying and checking of media. It also pays for all the
account service team, it pays for senior management. All of the things
that, honestly, most other agencies would charge you an hourly fee for.
Every time you pick up the phone and say to your account rep, we
need this project, the clock starts ticking, and the money starts ticking.
In this case, there is no -- there's no fee. There is no incentive for
the ad agency to say we want to do this project over that project
because it's going to get us more money.
First of all, it's in the plan, and we don't deviate from that plan
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much unless we have an emergency of some kind. And most of you
have been through those discussions when we have come to you and
said we think we need more dollars. So that's -- that was '15.
Sixteen is much the same; the difference is we increased the
destination marketing budget to 5 million this year, so the $500,000 is
that monthly service fee, again, that covers all of the marketing -- the
media, planning, buying, and all of that. They don't make any
additional money on that.
Production is another story. That is based on hourly rates that are
in the contract. They are pre-negotiated in the contract for probably 25
different types of services that the destination marketing agency
provides.
Digital and social media posts. We all know how important
social media is, and they're doing a big part. A little over $78,000 this
year has gone into that. And the monthly service fee. If you add those
three together, you see this year through six months of the fiscal year,
31.8 percent of the budget does go back to the agency. That's what
they keep to pay for salaries and all the creative folks that are sitting
there working on our account. But the lion's share of it is paid media
that goes straight through them, and they earn nothing more on that.
So that kind of gives you a breakdown of what the budget is.
I also took a look at -- and I know this is a little hard to read, and
a lot of statistics there. But I went back to 2003 all the way through '15
to see what our tourist development tax revenue was each of those
years.
I think it's important to look. First year that we started promoting
this destination, when I came here and we started the tourism office,
we were $8.6 million. Last year, $21.1 million. Yes, there was a tax
increase of 1 percent in 2005. And you can see it took a while for that
to take place, but by 2008 we were doing pretty well.
Then the recession hit, the oil spill hit; took us a while to get
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back, but we are really, I think, to use a sports metaphor, knocking it
out of the park in terms of revenue.
Number of visitors has also increased over that period of time,
and visitor spending has more than doubled; 800 and -- $885 million
that first year in 2003. We're now close to $2 billion in destination
visitor spending.
The number of jobs has also gone up. Goodness, we were about --
a little over 25,000 jobs in the hospitality and tourism industry. We're
over 36,000. We've had 50 -- excuse me. We have had 63 straight
month of job growth in Collier County. The Governor has recognized
Collier County twice for that job growth. And I think we can be very
proud that at least the hospitality and tourism helped that recognition
from the Governor.
And, finally, tax savings. And I've talked to you commissioners
about this a number of times. But our residents really get a benefit
from what we did in promoting this destination. We're $900 for
homeowners in taxes they would have had to pay had we not had
visitors coming to the area.
The next couple of slides -- and I won't go through these in detail,
but these are the detailed policies that we go through in the tourism
department to check every single project that we do. Every job that the
ad agency does for us, we -- if it's a production job, we create what we
call a creative brief that tells the creative people what the target market
is. What is the message we want to deliver? They, then, create those
plans or those ads from that. Same thing for television and so forth.
So there's a lot of internal controls that we do overseeing exactly
what this agency does. It is not just whatever they want to do. It truly
is directed by your county staff.
I've shown you both media and production here. And then the
invoicing part of it where we actually -- we see each and every invoice
that goes to the Clerk's Office for payment because they scan
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everything, and they send it back to us, and we have to look through
that documentation to see, is this what we contracted with the agency
to do? Is this what was in that estimate to provide us a destination
marketing effort?
These next couple of slides, you see every quarter. I just got
these, so January through March of this year, and I just want to point
out, the one in the lower right-hand corner is return on investment.
That's the number of dollars that visitors who are attracted by our
advertising spent in this destination as compared to how much we
spent to get them here. It's a $101-to-1 return on investment. That's
the spending we're getting from visitors.
And you don't get that spending from just any type of visitor. We
are a luxury destination. That's the reason we've done as well in the
downturn of the economy and everything else that most of the visitors
we get are not as affected by a downturn in the economy. They still
come. And they are spending in great numbers.
And you can look and see on the -- I think it's the next slide here,
a lodging occupancy average daily rate. For March of this year,
average daily rate in our hotels of$353.20. What that says is there's a
tremendous demand for people to come here, and that demand doesn't
get driven by people just saying, hey, let's go to Naples. We have to be
constantly in the marketplace with our message saying why our
potential visitors should come here versus Clearwater, St. Pete, or
Orlando or Daytona or wherever it might be that -- places that we
compete with every single month of the year.
Okay. We talked about -- and Commissioner Taylor indicated
that we did discuss the renewal of the contract with the TDC at the --
our March TDC meeting, and the impetus of that was, at the time, to
rebid it, not to renew it. And the TDC instead said, we want to renew
it for another two years, and we will review it again in another two
years -- in two years.
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Rick Medwedeff, who is the General Manager of the Marco
Island Marriott, our largest hotel, our largest group hotel, indicates
how important and what a great relationship he feels that the
destination and the tourism has had with Paradise Advertising and
Marketing.
And you-all got this letter, so I won't read it. But it's really
important to know that it's not just the low bid that's important. It's we
have an image. We have a brand. Florida's paradise coast. Come
discover your paradise. That quality luxury brand has got to be
supported by the best-looking advertising you can possibly get, and
you go out and you find the best people to deliver that.
First of all, I think that our ad agency does that but, more
importantly, they go out and find the best talent, and they do bid that
out. In the case of this invoice that Commissioner Taylor is indicating,
there were three photographers that bid on that, and the lowest bidder
did get it. And, yes, he's from Miami and, yes, we have used him
before because he's the best in the business, and why wouldn't we want
to use the best in the business?
And that particular photo shoot, along -- and we did video at the
same time. One of the things this ad agency has done for a long time is
they combine both the photography and the video together in the same
shoot. So you use one set of models one time. You use one set of
crew one time. You don't duplicate it. And most others companies
would do that. They would do a photo shoot with a set of models and
a photographer, and they'd go get a video company, and they'd bring
more models in and do it again.
What you lose is continuity, and you lose a lot of money because
that just isn't practical to do two separate ones when you can do it
together, and that's what they've been doing for years for us.
So our recommendation to this board is to exercise the two-year
renewal option in the contract with Paradise Advertising and
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Marketing. As -- this was recommended by the -- 5-3 vote to do so by
the Tourist Development Council. And this board has been very
supportive of what your Tourist Development Council recommends in
the past, and we hope that you would continue with that.
I would like at this time, if it's all right with the chair, to ask Mr.
Cedar Hames, the President of Paradise Advertising, to come up and
make a short presentation as well, if that's acceptable.
CHAIRMAN FIALA: Sure.
COMMISSIONER HENNING: Is this on the issue?
MR. OCHS: Yes.
COMMISSIONER TAYLOR: See, we're not talking about the
quality of the advertising agency. We're talking about the contract.
MR. WERT: Yeah, very true. And let me specifically talk about
the contract. The contract has two options in it. It can either be every
job can be estimated on time and materials or lump sum. It is an "or"
situation that the county can decide which they would like to do.
Again, a meeting with -- and I believe it was the purchasing
department with Crystal's -- most of her staff were there. We went
through whether or not this process of lump sum would be acceptable,
and the answer was yes, it was. And we began to follow that policy
starting in March of last year.
From March until November of last year, all of the production
invoices were paid using the lump sum estimating and invoice process,
which is a process that this board has supported. So all of a sudden in
November they stopped. And there has really not, until yesterday,
been a definitive reason why.
COMMISSIONER HENNING: No. We're deviating from the
item.
CHAIRMAN FIALA: Commissioner --
MR. WERT: We don't want --
COMMISSIONER HENNING: Put it back on the agenda.
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CHAIRMAN FIALA: Commissioner Henning, let him finish.
MR. WERT: All right, fine. I'm sorry. The contract is what's
being questioned, and I'm trying to answer --
MS. KINZEL: And, Commissioner Fiala, I have to respond to
some of the things that are being put on the record, too.
CHAIRMAN FIALA: One at a time. You can't keep
interrupting. Let them --
MS. KINZEL: I didn't interrupt. I asked for your attention.
CHAIRMAN FIALA: And then I'll -- I don't have a button for
you, but if you want to go before everybody else, that's fine, too. I
don't care.
The way I have it listed right now is Nance, Henning, Hiller, and
Taylor but, Crystal, I'll put you before them.
But let us -- let him finish. We're talking about contracts. He's
explaining contracts. And would you finish then, please.
MR. WERT: Yes.
COMMISSIONER HENNING: The item -- Madam Chair, the
item is to whether to put it out to bid. That's the item on the agenda.
It's not about payment on the contract. That's the only point.
CHAIRMAN FIALA: No, it's --
COMMISSIONER HILLER: No. It's to terminate this contract.
COMMISSIONER HENNING: Well, okay. It is to terminate
this contract and go out to bid. It's not about -- it's not about payment.
CHAIRMAN FIALA: Well, I want to hear what he has to say.
Go ahead.
MR. WERT: Thank you, Madam Chair. The contract was
acceptable using the lump sum format, and so that's what has been --
has been followed.
The issue here is whether or not this contract should be rebid, but
it's being presented in the format that this vendor has somehow done
something wrong. And I think that that needs to be heard, and I think
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-- I alone can't -- I can talk to you about the contract, but what the
agency has done in support of that contract that they signed, as well as
the County Commission signs, how they have followed that contract.
And that is the issue, because the executive summary clearly says
this agency has not followed the contract or they've done something
that is costing the taxpayers of Collier County more than they should,
and I think it's very important.
COMMISSIONER TAYLOR: And as I wrote that executive
summary, would you please point that out? That's a supposition on
your part that's not on the --
MR. WERT: No. It is in the executive summary.
COMMISSIONER TAYLOR: Show me.
MR. WERT: Okay.
COMMISSIONER TAYLOR: This is about the contract, not
about how it's followed. This is about the contract, sir, the way it's
been written, and way it's been -- and it allows what I stated in the
executive summary to happen because of the way it's written. Rewrite
the contract; it won't happen.
MR. WERT: The contract is in compliance with the RFP, and the
contract is in compliance with every --
COMMISSIONER TAYLOR: Oh, there's no question.
MR. WERT: -- other service --
COMMISSIONER TAYLOR: Mr. Wert, you're very defensive.
MR. WERT: I'm telling you what the facts are.
COMMISSIONER TAYLOR: I'm not saying -- I know
Commissioner Hiller questioned it -- your -- the contract several years
ago. I know there was a question whether it followed the RFP. Please
don't mix this up. That's not what I'm saying.
What I'm saying is the contract as written is probably not the best
contract that we could have going forward because I don't care who the
vendor is, I don't care if it's an agency out of New York City, an
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agency that's based in Sarasota, an agency that's based in Miami. I
don't care. I don't care if it's roads. I don't care if it's pickles. I don't
care if it's athletics. When you base a fee an agency fee gets on the
size of the budget, there is no incentive to keep costs down. That
simple.
MR. WERT: I beg your pardon. That is not the case, ma'am.
COMMISSIONER TAYLOR: The more you make --
MR. WERT: That is not the case.
COMMISSIONER TAYLOR: -- the more budget you --
MR. WERT: It is not their budget; it's our budget. It is not their
budget. Honestly, it's not. They don't decide.
COMMISSIONER TAYLOR: That's what I'm saying. That's the
budget. But you submit the budget. We don't -- we do not sit up here
as five people.
MR. WERT: And you approved it.
COMMISSIONER TAYLOR: And there is no question, sir --
please don't be so defensive. There is no question that we approved the
budget. There is no question. There's no question that it was legally
approved, the contract.
I'm just looking at this contract saying this is probably not the best
we could do in Collier County. There's probably other ways to even
get more quotes available for local -- local businesses. There's
probably another way to write this contract so it's what -- whoever the
contractor is, whoever that contractor is.
The more money that they budget, the more money they make. I
know there's another way of doing this.
CHAIRMAN FIALA: You know, but Commissioner Taylor --
MR. WERT: They did not budget it.
CHAIRMAN FIALA: -- you're trying to suggest that they
changed the way they do business. And I know you're next, really. I
know you're next, and I shouldn't be answering this.
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But if-- if it's successful and they're making more money than
we've ever made, why would you want to change it? But I'm going to
stop there.
Go ahead. Commissioner Nance is going to jump off his chair, so
go ahead.
COMMISSIONER NANCE: No. I want to tell you something
here. Let's talk a little bit about somebody who worked all my life in
operations, okay. I was paid to produce widgets at the cheapest per
unit cost I could possibly do it. I needed to get as many of them as I
could as cheap as I could.
Nobody that works in operations ever has anything good to say
about anybody in sales and marketing because sales and marketing is
always the flashy part of the business, okay.
But, you know what, you absolutely have to have superior
performance in sales and marketing. Sales and marketing is a cost
center. It's not a savings center. You never enter into sales and
marketing with the idea that you're going to save money doing it. You
enter into it with the idea that you're going to get the most bang for the
buck out of monies that you're dedicating to that purpose.
The Board of County Commissioners endorsed by the TDC
decided to dedicate $5 million to this endeavor. They didn't say, go
out and put together the cheapest marketing program you can come up
with. No. We said we wanted to spend $5 million, and we wanted to
procure a professional to go out and use all his skills to spend that
money wisely in a program over a period of time that was going to
generate results, okay?
This decision needs to be made on results only. It's not to be
made on whether you like the style of the person that's doing it.
You want somebody to help you make money? You go get the
best. We're in an upper-end business. We want the best. We want to
be as flashy and as professional as we can possibly be. We don't want
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to employ locals. We don't want to save money. We don't want to
save nickels and dimes on meals. What we want to do is we want to
look at these statistics at the end of the day, and we want to see what
we're getting for our $5 million.
This whole nonsense is typical BS coming out of this clerk.
We're sitting here and we're saying, this gentleman has done an
outstanding job. Everybody likes his results who gets superior results.
I only saw one year in those statistics when we had a reduction in
year-over-year dollars spent in the middle of a recession. That was
2009. That is extraordinary.
For us to be saying we need to terminate our relationship with this
man because somebody doesn't like the format of the contract that
we've got with him at this time is the most preposterous BS I've ever
heard in my life. And anybody that tells me any different is crazy.
We have to look at results. Results are all that counts here.
You're not getting -- you're not getting anything back for any style
points or any credit. This is nonsense.
This is a cost center. We're dedicating monies. We're spending
money to make money, and we're making $101 for every dollar we
spend.
This is the most ridiculous conversation I've ever heard of in my
life, excuse me.
CHAIRMAN FIALA: Okay.
COMMISSIONER TAYLOR: May I respond to that? I was
called crazy. I was -- it was a direct --
CHAIRMAN FIALA: Commissioner Henning's next, then
Hiller, then you.
COMMISSIONER TAYLOR: Okay.
CHAIRMAN FIALA: Just add -- you know, just write down
what you want to do -- what you want to say.
COMMISSIONER TAYLOR: Thank you.
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CHAIRMAN FIALA: Commissioner Henning?
COMMISSIONER HENNING: Okay. Reading this contract, it
commences, it started in 2014. And it has two two-year renewals?
MR. WERT: Correct.
COMMISSIONER HENNING: So that's 2018, right?
MR. WERT: Correct.
COMMISSIONER HENNING: Okay. Well, yeah. You don't --
you don't want to -- the marketing dollars is all about how much
money you spend. It's not how much money you don't spend.
And, quite frankly, by the results of the spending is more money
for things like beaches and --
MR. WERT: Yes, sir.
COMMISSIONER HENNING: -- other things.
And I just want to stay on the contract. I mean, to get off on other
tangents is not productive at all.
But Cedar has decided to put an office here in Naples.
MR. WERT: Correct.
COMMISSIONER HENNING: So he is and has been a local.
MR. WERT: Yes, sir.
COMMISSIONER HENNING: How many employees does he
have in that office?
MR. WERT: Three full-time.
COMMISSIONER HENNING: Three full-time employees. And
out of the $5 million, he makes 10 percent, approximately half a
million dollars.
MR. WERT: That pays for those positions.
COMMISSIONER HENNING: So the overhead -- I don't know.
I can only guess what the overhead costs are. I don't see where he's
making an exorbitant amount of money under this contract, quite
frankly. I'm not -- I don't see that as a particular problem. As far as --
as far as travel expense or per diem expenses, what would that include?
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MR. WERT: It is true that we don't use a per diem method for --
COMMISSIONER HENNING: We -- yeah.
MR. WERT: We use the Florida Statute 125.0104 which
authorizes us actual expenses. So actual expenses are what both our
staff and our contractors who are also helping us to promote the
destination are under.
So actual expenses -- and they have to estimate those ahead of
time just like any other production job. If they are traveling anywhere
in the state, we've never been charged for travel from their office down
to --
COMMISSIONER HENNING: So, Jack, what are you seeing
per year on travel?
MR. WERT: Very little. Very little. They do very little travel
for us. They do maybe two photo shoots a year, and they do -- we also
do some out-of-market travel to do focus groups. So we did one in
New York -- excuse me, Boston and one in Chicago this last year.
Well, the agency goes along to listen to what our customers are saying.
And, in fact, boy, that really paid off, because we actually made
some on-the-fly changes to our spring campaign based on what we
were hearing and the winter campaign as well. Just some things that
people said about, I like this look or this feel or that photography better
than something else. And it was really helpful. So they were there,
but that's the extent of it.
COMMISSIONER HENNING: What I don't like about the
contract -- and the 10 percent on the total marketing dollar, I -- you
know -- and what we get back or what is invested in Collier with an
office here, I don't have a problem with that. Again, I won't repeat
myself.
But how much are we spending on travel per year?
MR. WERT: I don't have that -- well, the majority of travel for
our budget is our staff travel. It's not the agency at all.
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COMMISSIONER HENNING: No, the agency. I mean, in the
contract for the agency is a travel expense.
MR. WERT: I don't think so.
COMMISSIONER HENNING: No. There's just 10 percent?
MR. WERT: No.
MR. OCHS: Commissioners, it's referenced in the contract. And
we'll remind the Board that as far back as, I believe, two thousand and
-- oh, let me see here.
MR. WERT: I've got it up here, if you --
MR. OCHS: Do you, Jack?
MR. WERT: I've got it.
MR. OCHS: 2006 the Board adopted a separate resolution
approving policy for funds for travel expenses for persons conducting
official tourism business, and it acknowledged the fact that this was
different than our regular reimbursement schedule.
COMMISSIONER HENNING: Right. I know that about staff
MR. OCHS: Correct.
COMMISSIONER HENNING: But is there any reimbursement
for travel in this contract?
MR. WERT: Yes, there is.
COMMISSIONER HENNING: Okay.
MR. WERT: It's Item 4, I guess.
COMMISSIONER HENNING: But you don't recall --
MR. WERT: 4.4, and it specifically talks about travel and
reimbursement expenses must be approved in advance in writing by
the county. Travel expenses shall be reimbursed in accordance with
Collier County Resolution 2006-40, Florida Statute 125.0104. And
any trips within Collier County and Lee County by account service,
media, data entry, account billing, clerical, are expressly excluded.
Any trips to and from and within Collier County and Lee County by
the creative department will be reimbursed in accordance with Exhibit
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A, rate schedule, and must be approved in advance in the writing -- in
writing by the county.
COMMISSIONER HENNING: Okay.
MR. WERT: So that -- those expenses were contemplated, and
they must be estimated and can't be in excess of what the approved
budget for the year is.
COMMISSIONER HENNING: Well -- so you just don't recall
on what --
MR. WERT: I don't have the figure exactly for that.
COMMISSIONER HENNING: You don't have to try to answer
that, then, if you don't have it.
MR. WERT: I don't have it.
COMMISSIONER HENNING: But unless something jumps out
at me, I'd say let's wait till 2018 when the contract is expired anyways.
MR. WERT: Has another renewal, yeah.
COMMISSIONER HENNING: But we are -- Commissioner
Taylor did bring up a good point. When the original contract was --
went out to bid, it was 2 million -- approximately $2 million. You
were told that's what we're going to have in advertising budget. Well,
now it has doubled --
MR. WERT: Uh-huh.
COMMISSIONER HENNING: -- from that. So you may get a
bigger net of firms to bid on that but, you know, the proof is we have
been getting our bang for the buck. When you create employment,
create monies for other projects for beaches, museums and so on and
so forth, I don't, at this time, see any reason to change.
MR. OCHS: Sir, and this did go out in 2014 for competitive --
COMMISSIONER HENNING: Yeah.
MR. OCHS: -- re-solicitation, and we did get multiple proposals.
CHAIRMAN FIALA: Bless you.
Okay.
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COMMISSIONER HENNING: I'm done.
CHAIRMAN FIALA: That was good.
Commissioner Taylor?
COMMISSIONER TAYLOR: Oh, is it me? I think it's
Commissioner Hiller next.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER HILLER: It doesn't matter.
CHAIRMAN FIALA: She said it doesn't make any difference.
Go ahead.
I'm sorry. You're right.
COMMISSIONER TAYLOR: No, no. That's quite all right. I
think -- I think it's probably -- and I say this respectfully in that true
sense of the word "ignorance" -- and I don't mean that in a negative
way. I mean just lack of knowledge of the industry to say that the
quality's in Miami and not locally and that somehow if we hire local
we're doing less and we're not doing as good. That's kind of saying
that we need to buy our tomatoes from Mexico because they're prettier
than the ones in Florida, and I don't think we'd want to say that.
I know -- I can count heads. I know the way this is going. I think
-- I will say that I think this contract should be rewritten. I would
welcome Paradise bidding on it again. I don't see -- I don't see any loss
in doing it, I really don't.
I think it needs to be written so that the more -- the higher the
budget, the more the contractor makes. There's no incentive to hold
costs down. And I don't mean go the cheap way. I mean hold costs
down. I mean, we are requiring every department in this government
to keep -- to have a ceiling on their costs.
And marketing is expensive, but let's remember the numbers that
we saw on this screen. Are we discounting the fact that Arthrex brings
12 books -- buys 12,371 rooms last year? That Arthrex alone brought
7,000 visitors here? Are we discounting the marketing that the Ritz
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does and the Marriott does and the Hilton does? Are we discounting
all of that?
Yes, I am not saying that our -- we should be proud of our
program. We're doing it, but we aren't the only ones. This has been a
very important group effort.
But, in closing, I'm going to say this: I was probably nine months
into this job when the County Clerk sued the County Manager, and I
was warned by folks much smarter than me, folks that went through
the last suit, that, watch out because this suit, this disagreement, will
color every part of county government and of the way people look at
doing business.
It was even suggested to me by a long-time watcher of county
government that if this issue of the contract came up five years ago, it
would be five zip to rebid it. There wouldn't be a problem.
But even my colleague to my left brought in the Clerk. I mean,
I'm looking. Where did I write about the Clerk? Am I the only one,
the odd duck here that believes that we can do business in a rational,
logical way without subterfuge? Without political overtones that -- it's
so destructive. It's a cancer that has seeped into every part of what we
do as policymakers, and it makes me very, very sad.
And I don't know what the solution is. The only thing that I
would ask my colleagues is to take -- to understand that this seems to
be an extremely bitter and a highly destructive dispute, and I would
hope that we can take a step back sometimes and look at it in a logical
fashion.
This is about a contract that I feel is wrongly written, and we have
an opportunity to rewrite it. I would welcome and hope that Paradise
comes and bids. I would expect them to and, frankly, they have such
an upper edge because they have such a great program. I don't worry
about them coming back here. What I worry about is what we do
going forward as policymakers when everything that we do has to do
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with the background of the Clerk versus the County Manager, and
shame on us.
CHAIRMAN FIALA: Crystal, being that she's talking about
contracts, and you had wanted to talk before -- and I just asked Mr --
Commissioner Hiller if she wouldn't mind if I put you first, so...
MS. KINZEL: The commissioners can go first. I'll wait my turn.
Thank you.
CHAIRMAN FIALA: Well, we're talking about contract. Go
ahead.
MS. KINZEL: Let her go ahead.
COMMISSIONER HILLER: Let her respond.
CHAIRMAN FIALA: She just said let you go ahead.
COMMISSIONER HENNING: Motion to deny or not approve.
Motion to --
COMMISSIONER HILLER: No. We're still in discussion. I'm
sorry, Commissioner Henning.
MS. KINZEL: I just wanted to put on the record, Commissioner
Fiala, you know, it amazes me and it -- and I have to say with
Commissioner Taylor's comments, there should be a sense of rational
and reasonable discussion on business items.
The Clerk's Office nor I write the county's contracts. I can
certainly assure you that I would not propose nor promote a contract
that allows lump sum with the comment in the contract that no backup
is required to support the costs within those contracts.
I believe that all of the costs need to be supported in some
manner. There is an appropriate way to do a lump sum agreement, and
there is an appropriate way to do time and materials agreements.
On the record yesterday Mr. Hames even indicated he was giving
us the backup. County staff told him, you don't need to do that
anymore.
I have minutes of the meetings. Yes, we try to work with county
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staff. I go to a lot of meetings, but I can assure you I would never have
agreed that they can do a one-line invoice with absolutely no backup or
support for the time.
We have brought to this board, numerous occasion, one of the
most recent within the last year and a half there was a 19 -- over
$19,000 overbilling and unsubstantiated costs from a Paradise project.
They couldn't find the wardrobe. We bought them cameras. We
couldn't find them. There were questions regarding the Paradise
invoicing, and we brought a presentation to this board.
The consequence was we did not pay over $19,000 because we
had reviewed that backup. The solution seems to be, we will now
write contracts that requires no backup, and the Clerk can't get the
backup.
I can assure you, we will be still looking for substantiating
evidence and materials in order to make the payments.
There are appropriate constructs of the contract, and that's what
we audit to. But to simply do a blanket lump sum where an invoice of
any amount of money can be submitted for payment without
supporting evidence -- you know, on the one hand we're criticized, oh,
you should ask for more evidence, and then this one, we get the
contract that says no evidence is required. Just pay the bills.
I could go over each and every item that's been brought before
this board, and maybe that's what we need to do, so that we put agenda
items on that we can really vet some of the issues that we're seeing
with these invoices. But this discussion wasn't about the Clerk's
Office. It didn't have anything on there. We're obviously embedded in
it.
The same thing happened yesterday at the Tourism Council. We
weren't made aware of any of the agenda items. I heard what was
going on. The Clerk's getting bashed in the public forum. I think it's
only fair that we come down and articulate our position.
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And I'll be glad to go over any invoice that we have either paid or
not paid to go over with you the justification in that regard.
The contract decision is your decision. The renewal -- to renew a
contract is obviously this board's decision. It is not the Clerk's
decision.
But to have accusations like I helped them write the contract or
something and to have you misled in that regard somewhat offends me
professionally.
MR. OCHS: May we?
CHAIRMAN FIALA: Yes.
MR. OCHS: I'm going to ask Ms. Markiewicz just to fill in a
little bit of the detail for you.
MS. MARKIEWICZ: Joanne Markiewicz, Collier County
Procurement Director.
In early 2014 there were a number of discussions between the
Clerk's Office, the procurement office, and Paradise Advertising, along
with the tourism department.
When we began to put the solicitation together, when all the
proposals came in, we sent out an agenda notice to Ms. Kinzel and a
number of her staff members on August 7, 2014, which included a
copy of the draft contract, the solicitation. We offered to present them
with Paradise Advertising's proposal.
And on August 12th -- and Leo is going to be putting up minutes
of that meeting -- you'll see that, I think, three or four members from
the Clerk's staff attended. And we specifically talked about the RFP,
we talked about the review by the selection committee, and we talked
about the major points in the contract, including lump sum versus time
and material.
We asked the Clerk to weigh in on any issues with lump sum or
time and material. Nothing became apparent at that time. We
proceeded with the final contract review of the County Attorney, and
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we offered that up to you in September of 2014.
Beyond that, there are invoices that jobs were quoted out as lump
sum and, in fact, were paid lump sum by the Clerk's Office with
documentation that included the invoice, the signed off quote from the
tourism director, and there were emails attached along with the final
product that was given, and I have information that documents that the
Clerk, in fact, did pay that within a three- or four-week period of time.
CHAIRMAN FIALA: Crystal, do you want to reply to that?
MS. KINZEL: Commissioner Fiala, we've indicated numerous
times on the record.
Now, the first thing is, we attend a meeting and we have a
discussion, and no objection became apparent. I don't know. My
philosophy is, I think, pretty broadly known with everyone in the
county. I would never suggest that we have less, little, or no backup
supporting documentation to pay an invoice.
Now, in regard to paying lump sum invoices, sure, some lump
sum invoices are appropriate. Some may have been processed based
on Mr. Wert's -- put forth the evidence and approval.
But when we then go back and audit or when we have had an
indication that there might be a weakness in the supporting
documentation, we ask, then, for some backup and substantive
information.
On the lump sum, the original agreement -- and Jack stated it on
the record yesterday in the tourism item that he was receiving detailed
time and material quotes to determine the lump sum. We've not had
those forthcoming. Those are why the invoices haven't been paid.
That was part of the agreement on a lump sum, that the quotes had to
be based at least on the contractual rates included in the contract.
You can't just say, oh, 13,000 for this. What's the basis? And
particularly when you have just the project director involved with the
contract making those determinations and signing off and approving
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what you're submitting. There needs to be additional controls, and part
of those controls is that we will go back and we will ask for additional
evidence.
They don't want to provide it. We've asked Jack -- I showed on
the screen, all of my accounts payable clerks send back to the tourism
staff and say, we need to see some more backup. We need to see some
more backup.
If it's not forthcoming, we don't process those invoices. We've
rejected them telling them we would like additional information
provided.
So, you know, to stand and say we were in a meeting and some of
my staff was in a meeting and nothing became apparent on the
contract, so that means the Clerk's Office has blessed forevermore any
payment that is produced to us is ridiculous. It's ridiculous accounting.
It is ridiculous auditing procedures and would not seem to be
something that we would want to be doing for the taxpayers.
I appreciate quality and what you determine. We don't determine
that at the Clerk's Office. But when you sign a contract for certain
expectations and things to transpire, we then have to follow up and try
to monitor those costs accordingly, and that's what we do as the Clerk's
Office.
MR. OCHS: Madam Chair, just briefly.
CHAIRMAN FIALA: We're not going anyplace.
MR. OCHS: You know, the meetings aside, but the fact is that if
you submit an invoice for a lump sum payment per the contract
requirement for lump sum and that payment is processed and disbursed
for a period of several months, yes, there's some reliance by the staff
that apparently that is a proper invoice.
Now, when that stops at a certain point in time with no
explanation other than we've changed our requirement, our criteria,
that's not good enough.
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MS. KINZEL: Okay. And, Leo, it also came on the record
yesterday that Mr. Hames had provided far more detail for
12-and-a-half years. But under this contract, county staff has
repeatedly told them, you don't have to provide that anymore. You
don't have to do that anymore.
So who has changed the construct of how we are doing business?
Your contracts have changed. Over the course of this --
MR. OCHS: Correct.
MS. KINZEL: -- business, they are changing. They are becoming
more ambiguous, requiring less documentation, and that is a control
concern that any auditor any/or elected official should have.
MR. OCHS: Well, we would have like to have seen you point
that out when we gave you an opportunity to review the contract. I
mean, the contract is the contract.
MS. KINZEL: Leo, the Clerk's role is not to approve your
contracts nor review them. You have ample staff and legal counsel to
review your agreements.
We have worked and worked and worked with you for hundreds
and hundreds of hours, and we have articulated these concerns over
and over.
You still issue the contracts the way you choose to issue them.
The Clerk will continue to audit as we see necessary.
MR. OCHS: Audit?
These are the kinds of things that we rely on. This is the SAP
system. I'll ask Joanne to point out what's what in here, but --
MS. MARKIEWICZ: Where Leo has the pointer, I would point
out there's a reference to the bid number, BCC approved 9/9/14, Item
11C, lump sum, which did not exceed quote, audit completed, and
that's a comment made by the accounts payable staff.
MS. KINZEL: And, Commissioners, we're not denying that we
have never paid a lump sum invoice. What we are saying is even with
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a lump sum invoice, you should be able to produce the backup and
supporting if, in fact, then you're subsequently audited.
There had to have been some basis for Jack to have approved
these estimates. What we're getting is a one-line estimate for whatever
amount of money, and the invoice comes in, and it's got the same
amount in the line item with no justification about what was actually
done. And we're asking, what did you approve, Jack?
MR. OCHS: You're asking as part of what kind of an audit?
MS. KINZEL: An audit of the expenditure, because we're
looking for substantial documentation that complies with the contract
rates.
MR. OCHS: So that's a pre-audit?
MS. KINZEL: Leo, quite frankly, pre-audit, post audit, whatever
the audit. The Clerk's role is to audit the expenditure before it's made
and to do follow-up audits as necessary.
MR. OCHS: Yes, ma'am.
MS. KINZEL: So that's already been determined.
MR. OCHS: But you paid on a lump sum for several months,
then stopped based on what I'm hearing now, is some audit
requirement that's part of the payment audit process. You can't have it
both ways.
MS. KINZEL: Leo, it's not both ways. It's one audit process.
You audit an individual item, but that doesn't mean that you can't go
back once you've identified something of a concern --
MR. OCHS: Okay.
MS. KINZEL: -- and look at the totality of what's been
submitted. That's an ordinary audit.
MR. OCHS: A post payment audit, essentially?
MS. KINZEL: You can do either, pre or post-payment audit.
That's why you have an internal audit function. That is why you have
the general accounts payable clerks auditing within our department.
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There's not really a differentiation in the Clerk's role to try to
determine that the payments going out the door remain legal.
MR. OCHS: Okay. So the testing in March is different than the
testing in November for the same -- the same work order, same lump
sum purchase?
MS. KINZEL: Leo, we process 100,000 invoices plus-or-minus
every single year. Every single invoice we review for different things.
Mostly compliance to the contract, board approval, determination of
valid public purpose. All of those things that are outlined in law, okay.
We might have a different clerk looking. She might see, wait a
minute. They've billed for that before. So we might go back and say,
wait a minute. We've looked at that and seen that before. Yes, our
audit procedures will change based on the documents presented before
us. It's not a checklist.
MR. OCHS: Interesting.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER HILLER: Well, this has been a very
interesting discussion.
CHAIRMAN FIALA: I think we lost Commissioner Henning.
COMMISSIONER HILLER: Yeah. The Board of County
Commissioners received goods and services, and by goods I mean we
received -- and let's just call it services. We received the advertising
that we bargained for. And because of the Clerk's, quote, extended
audits, this vendor now has been deprived of 432,000 in payments, not
including the invoice that will be coming forward this month, which
I'm sure will take us over a half a million dollars, that relates to, what,
120 or -- about 122 invoices that have been held up since November
on this contract.
Now, from March of 2015 to November of 2015, the Clerk's
Office paid all the invoices that were submitted by this vendor with the
same underlying evidence that was submitted by this vendor after
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November.
But, for whatever reason, the Clerk's Office decided that while
they felt they were justified in making payments with the information
that they received as backup between March and November, suddenly
they felt that same information became inadequate after the month of
November.
That's of very, very serious concern, particularly when you have
other companies that are providing similar type services paid with
TDC dollars in the same way as this contract is being paid for,
specifically Paradise Reef. Paradise Reef, another company, no
relationship to Paradise Advertising, submits an invoice for somewhere
between 120-, 130,000, and they said that it was going to cost in the --
their initial quote they said it was going to cost that amount of money
to produce, you know, so many minutes of film.
They delivered the film. The film was accepted by staff. And
then they presented an invoice that said 130,000 for, you know, the
film produced, and the Clerk's Office paid it. And the Clerk's Office
didn't ask for underlying evidence of hours spent or materials
purchased or anything like that and, yet, with Paradise Advertising
since November, now the standard of review is different.
And I will tell you, I have spoken to the Clerk about Paradise
Advertising going back a number of years, and the Clerk and Crystal
did everything in their power to convince me that Paradise Advertising
was an organization that should be doubted, that -- you know, I
wouldn't go as far as saying, you know, they wanted to suggest to me
that Paradise Advertising was dishonest in their billings and in the
work that they were doing.
And I listened to them, and I brought it forward to the Board.
And when I brought it forward to the Board, the Board listened. They
didn't do anything, and I proceeded to go to the Clerk's Office and even
brought them an expert in the local community to assist them in
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reviewing these allegedly suspect invoices. And this is going back in
2011.
Now, I will submit to you that between 2011 and today, which is
five years later in 2016, the Clerk of Court has not been able to
establish, notwithstanding all the audits that they have subjected this
company to, with any proof that this company has engaged in any
wrongdoing. And they have subjected this company to audit after
audit after audit after audit. How many audits have they been
subjected to this year?
MR. OCHS: I know there's three in the last four years or -- three
or four.
COMMISSIONER HILLER: Now, the Clerk's ability to audit is
limited. He is limited by the Supreme Court case known as Alachua.
And the scope of his audit is to test strictly for legality which goes to
three issues: To test to determine that the amount of money that is
going to be spent for that particular expenditure is budgeted for; to
ensure that the item was procured according to local law or according
to state law, whichever applies; and to ensure that the money is being
spent for a public purpose, not a valid public purpose. The validity of
the public purpose is set -- is determined by the Board, not by the
Clerk. That's it.
And, yes, he tests before we approve for payment. That's the pre-
audit function. And, yes, he can do subsequent events testing after the
payment is made to ensure that his preliminary conclusions were valid,
but that's it. That's the scope of his testing.
He's not empowered to do operational audits. He's not empowered
to do fraud audits. He's not empowered to violate the Prompt Payment
Act and hold up what comes before the Board with his
recommendation with approval or denial of an invoice that's submitted
to payment forever and ever and ever. He can't do that. He can't use
his, quote, internal audits to violate the Prompt Payment Act.
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And I will submit to you that on this particular vendor and this
particular instance involving this half a million dollars that hasn't been
paid, I assure you he has not been following the Prompt Payment Act,
and I assure you he has not been testing strictly to legality, which is the
only objective, according to the Supreme Court, that he can test to.
Did he submit a notice to you within 10 days of receiving the
invoice as to, in the case of these 120-plus invoices, that he identified
specific deficiencies and that these were the specific documents for the
cure to cure those deficiencies? Did you ever receive written notice
within 10 days so you could turn it around to the vendor and do that?
MR. WERT: For the record, Jack Wert, tourism director.
The invoices that have been rejected for payment, we received a
-- and Crystal brought some evidence of those messages yesterday in
the payment system back to us.
The -- some result of what those messages are, we need more
backup. Not specific as to what specifically they're looking for.
COMMISSIONER HILLER: Right.
MR. WERT: So we answer back, you know, the contract
indicates that this particular vendor is under a lump sum agreement
and, therefore, we have provided all that the contract requires, and then
no answer back or an answer back with --
COMMISSIONER HILLER: So they're not following the
Prompt Payment Act?
MR. WERT: They are not being specific as to what they need.
COMMISSIONER HILLER: Okay. So the Prompt Payment Act
is very clear, and we spoke about this at the last meeting.
MS. KINZEL: Commissioner Fiala?
COMMISSIONER HILLER: I'm speaking now. I'm sorry.
The Prompt Payment Act says, define specifically what the
deficiency is. Define specifically what the vendor has to provide to
cure that deficiency, period.
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The vendor has to know exactly what they are being accused of,
and they have to have the opportunity to present the documentary
evidence, or whatever type of evidence is necessary, to satisfy
whatever is identified as the problem.
I mean, that's what the law says. I'm not making this up. So we
have a vendor right now who is out a half a million dollars. The
Prompt Payment Act has been violated, very clearly, and we have
disparate standards for disparate vendors on identical fact patterns.
Paradise Advertising, Paradise Reef. Paradise Advertising now,
all of a sudden, notwithstanding that they were paid with Underlying
Evidence A, is now being required to provide Underlying Evidence B,
notwithstanding that the contract hasn't changed, and Paradise Reef
only has to provide evidence at Level A with the same type of contract.
MS. KINZEL: That's incorrect.
COMMISSIONER HILLER: With the same type of service for
-- paid from the same source of funds.
I mean, this makes no sense at all. My concern is we're here
talking about this contract and whether or not it should be rewritten or
put back out to bid. And what I'm telling you is we have a problem
with this contract, and that is we are in breach, and we're in breach
because of what the Clerk is doing.
And I'm not sure what we as a board do under the circumstances
when we have a vendor who is going to go into bankruptcy because
the Clerk will not advance the information to the Board with
specificity to allow us to determine whether or not we should approve
or deny payment --
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: -- because he's got these ongoing
audits that, again, I don't know under what legal basis he's acting, but
they're basically starting in November and just going on and on and on.
MS. KINZEL: Commissioner Fiala, could I respond, please?
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COMMISSIONER HILLER: No. I'd like to speak to the County
Attorney.
County Attorney, what do we do? We have a duty as a board.
How do we act?
MR. KLATZKOW: What is it that you want to do?
COMMISSIONER HILLER: We have to do what is legally
correct. I mean, if this vendor has performed, if it is a fixed-price
contract, this vendor has to be paid. But how do we proceed in light of
the fact that the Clerk, you know, refuses to come forward with a
conclusion on his pre-audit?
I mean, he could hold a vendor hostage forever under the
circumstances. That's why you have the dispute resolution process
under the Prompt Payment Act which has clearly not been in place as it
should be.
MS. KINZEL: Commissioner Fiala, I really need to put
something on the record.
As we discussed yesterday --
COMMISSIONER HILLER: No, no. Commissioner --
MR. KLATZKOW: Crystal, Crystal, Crystal, please.
COMMISSIONER HILLER: Commissioner Fiala, she can wait.
MR. KLATZKOW: I know you're up on the dais, but you're not
a commissioner.
COMMISSIONER HILLER: That's correct.
MR. KLATZKOW: Okay. Let me just bring this in a little bit, if
you don't mind. Okay. The executive summary is to -- whether or not
to rebid this contract. That's all, really, we're deciding up here, all
right. And we've gotten off on a different type of discussion.
If what you're asking me is whether or not the Board wishes to
compel the Clerk to make payment, all right, I would suggest bringing
back an executive summary at the next meeting on that issue. The
Board can decide whether or not they want to direct the County
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Attorney to bring suit. But that would have to be a separate executive
summary for the next meeting.
COMMISSIONER HILLER: I mean, how do you we --
CHAIRMAN FIALA: So, actually, we have two subjects,
whether we want to approve Commissioner Taylor's recommendation
to send this out for bids --
MR. KLATZKOW: Yeah. And that's the only thing in front of
you right now.
CHAIRMAN FIALA: Pardon me?
MR. KLATZKOW: And that's the only issue in front of you.
CHAIRMAN FIALA: That's right. And then the second one is
because -- that nobody has paid this gentleman even though he's
worked -- done all of our work, and we're benefiting by him right now,
so we have to ask the Clerk, then, to pay him. But then if the Clerk
doesn't then --
MR. KLATZKOW: You can ask the Clerk from here to
sundown. It's not going to --
CHAIRMAN FIALA: I know.
MR. KLATZKOW: I mean, the Clerk -- well, the Clerk has his
reasons, whatever they might be, okay.
If you're asking me what this board can do as far as compelling
the Clerk, you can't do anything other -- other than a court can do it.
And if you're asking me to commence suit, then you're going to
need a separate executive summary to come up at a future board
meeting so that we can have a publicly noticed discussion on this.
CHAIRMAN FIALA: Okay. Let's just break that apart.
Now, you're finished now. We've talked to the attorney. And, by
the way -- and then we'll talk with Crystal, and then we're going to start
voting on this.
COMMISSIONER TAYLOR: Okay.
COMMISSIONER HILLER: I'd like to make a motion.
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April 26, 2016
CHAIRMAN FIALA: Oh, we have one speaker also.
COMMISSIONER TAYLOR: And I have -- I have -- my light's
on.
CHAIRMAN FIALA: Well, okay. Wait, wait, wait. First
Crystal.
COMMISSIONER TAYLOR: Okay.
MS. KINZEL: Commissioner Fiala, thank you.
I think that this really does seem to go south every time it maybe
becomes political.
At the end of the meeting yesterday with the tourism department
-- we have already been in contact with Mr. Hames' attorney. His
attorney was in contact with us. At the end of the meeting yesterday,
we mutually agreed to meet with them, including their office, our
office, go over each of the outstanding invoices, and resolve them right
away.
We've already put forth that effort. I believe we had agreement
from Mr. Hames we would either go to St. Petersburg -- we will do
what we need to do to meet with him to resolve these items.
We have been communicating back to the department, and -- all
along the way. This did not just happen this month. And I can assure
you a couple of things. Number one, the two contracts that the --
Commissioner Hiller has indicated are exactly the same situation, they
are not. The Reef contract is a different construct than the contract
with Paradise. So a lot of information is getting put on the record that
is either inaccurate or incorrect.
We believe that we did have an agreement with Paradise as of the
end of the tourism meeting yesterday to get together. His attorney has
talked to our attorneys. We are working on resolution of the
outstanding items.
And so we have moved forward. We do have a method to clear
this up, and we believe that talking vendor to the Clerk, perhaps, we
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can resolve these a little more expeditiously in the future.
CHAIRMAN FIALA: So, Crystal, if they can get together with
you almost immediately --
MS. KINZEL: Yes. We indicated the end of this week.
Absolutely.
CHAIRMAN FIALA: -- and resolve this right away, you will
definitely pay this, right?
MS. KINZEL: Right. If we can get the backup, we're going to
work with them to do that.
CHAIRMAN FIALA: Excuse me. Let me just finish. And if
you don't pay it, if you find some other reason not to, then you're going
to get right back to us? I mean, we have to know -- this man who is --
who is making us money while we're sitting here, by the way, because
of the ads he's put in there, we've got to get him paid, Crystal, and we
can't just keep putting it off and putting it off.
And I think we all need to -- you know, we need to get together
and get this thing done. It's a shame that somebody has to be sacrificed
and we have to go through this anymore.
And, by the way, when you finish this meeting with Mr. Hames, I
want to make sure that from here on in whatever contract is put in his
hands and your hands is approved and we move forward. We do not
need to do this again.
MS. KINZEL: We agree with you, Commissioner Fiala.
CHAIRMAN FIALA: Excuse me. Everybody understand? We
need to --
MR. OCHS: No.
CHAIRMAN FIALA: We cannot go this way anymore.
MR. OCHS: Yeah, I understand that.
CHAIRMAN FIALA: Right.
COMMISSIONER HILLER: That is what our --
MR. OCHS: But understand this is your contract with your
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vendor, not the Clerk's contract --
CHAIRMAN FIALA: I understand that.
MR. OCHS: -- with your vendor. You have in front of you on
the visualizer what's required for him to get paid under the lump sum
invoice process. He's completely complied with that, and he has not
been paid.
Now, I know that the Clerk's Office would like additional
information, and there's different standards, apparently, for different
times of the year, but this is the requirement in your contract.
MS. KINZEL: My question would be, Leo, do you want to
resolve this or don't you? Because we came up with an agreeable
methodology to get them paid to the satisfaction of the Clerk, and I
thought the vendor indicated that at the meeting, or are you looking for
additional litigation? I'm really not sure where you're heading.
If the vendor's agreed to work with us and we've agreed to work
with them, where is the issue now?
MR. OCHS: Because the contract is between the vendor and the
Board, and the Board has specified the payment methodology in the
contract. The contractor has satisfied that. For some reason your
office doesn't find that acceptable. That's a problem. We don't know
what the standard is.
COMMISSIONER HILLER: And didn't -- and did find it
acceptable between March and November.
MR. OCHS: Right, right.
COMMISSIONER HILLER: For hundreds of thousands of
dollars, and now all of a sudden it's changed.
MR. OCHS: Without a change in the contract or the law.
MS. KINZEL: Commissioner Hiller, we routinely send back
rejections to the departments for a lack of evidence or information.
That didn't just change. That didn't just happen. It is routine for our
office to reject items back to the departments for additional
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information if we cannot link them to the contracts, so --
MR. OCHS: Listen, I --
MS. KINZEL: -- we can just keep --
MR. OCHS: Crystal, I agree with you on that statement,
absolutely. But you must agree that you've paid these lump sum
invoices.
MS. KINZEL: I believe I've said that, but that does not preclude
us after we find something else that we're interested in, into going and
look at the totality of the backup that's required, or sample an
additional invoice to make sure that the backup that Jack is basing his
approval on is there.
COMMISSIONER HILLER: That's not what the contract says.
MS. KINZEL: Part of the lump sum issue --
CHAIRMAN FIALA: Excuse me.
MS. KINZEL: Okay.
CHAIRMAN FIALA: Let's -- County Attorney.
MR. KLATZKOW: If the core issue that the Board is concerned
with here is getting the vendor paid, then I would recommend that the
Clerk's people meet with the vendor's people in the next couple of
days. If they can't work it out, we can bring back an executive
summary to compel payment.
CHAIRMAN FIALA: Okay.
COMMISSIONER HILLER: What's the deadline? I mean,
according to the Prompt Payment Act --
MR. KLATZKOW: Our next -- our next meeting is in two
weeks. So, you know, if Crystal is honest about working with the
vendor and working this through and the vendor gets paid --
COMMISSIONER HILLER: Hundred and twenty invoices since
November?
MR. KLATZKOW: Sure.
COMMISSIONER HILLER: And that's going to be resolved in
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10 days?
MR. KLATZKOW: I don't know. I've heard from Crystal that
they've got everything worked out. Maybe they do; maybe they don't,
all right. But, you know, the Clerk would have the opportunity now to
resolve this in the next couple of days, then we're done with the issue
of getting paid.
You still, now, have the issue, by the way, of getting other
vendors paid and what happens down the road. Because there has
been inconsistencies.
COMMISSIONER NANCE: I would love that methodology that
you just outlined, sir, to be the way we conduct business in this county.
If we would just simply proceed like that, when -- if and when we had
a problem, it would be wonderful. I think for many years that's what
happened, and I don't know when it started to go south, but it's
certainly not working now.
So I hope that everybody agrees that that's the best thing for all
and that we go forward. I would be personally delighted and thankful
if people could work in that way.
CHAIRMAN FIALA: That's what we hoped for all along.
COMMISSIONER NANCE: That's what I hope for.
CHAIRMAN FIALA: We don't want to be fighting about this.
It's a shame, but I agree. I agree.
So, Commissioner Taylor.
COMMISSIONER TAYLOR: Yes. I think it would be very
helpful, Leo, if we could transcribe the TDC meeting, the opening,
setting the agenda, which is when this conversation came up and then,
specifically -- I believe it's only in that one part. But specifically when
-- the dialogue between Mr. Hames and Ms. Kinzel part of it.
Certainly, it doesn't get into anything beyond, I believe, the setting of
the agenda. I'm not saying it's two sentences, though, but there's
enough there that I think it would be very helpful to see what was put
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on the record, what everyone said. I think it would be helpful for my
colleagues here, please.
CHAIRMAN FIALA: Commissioner Hiller?
COMMISSIONER TAYLOR: Thank you.
COMMISSIONER HILLER: Thank you.
Again, sitting here and saying that now you want to work with the
vendor after not paying them since November and putting them in a
position where they have to come before this board to avoid being
bankrupted is anything but being -- I would hardly call that
cooperative.
Again, we have the Prompt Payment Act. You need to deliver in
writing with specificity if you object to something and, again, deliver
in writing with specificity what the vendor has to provide to satisfy
your specific complaint.
That needs to come to our staff as soon as we submit the invoice
to you within no later than 10 days of having submitted the invoice to
you so our staff can turn it back to the vendor to get that evidence.
And then the process is, between Day 10 and Day 45, work
through these issues with the vendor. If there's a dispute at the end of
that time, we have a dispute resolution process which the County
Manager is bringing forward between Day 45 and Day 60. There will
be a hearing on that dispute if there is a dispute and the decision is
made not to pay. And at the end of that period of time, there is a final
decision at the end of Day 60.
You can't drag this out from November to now. There is finality.
And if the decision is made not to pay, the decision is made not to pay,
and the vendor can sue us civilly. If the decision is made to pay, the
decision is made to pay at the end of that period of time after the
dispute resolution process has been worked through.
But we cannot continue to do business in the manner in which
you are doing business, Crystal.
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April 26, 2016
CHAIRMAN FIALA: Leo wants to say a little something.
COMMISSIONER HILLER: Yes, sir.
MR. OCHS: No, no. I was just going to remind the chair, I
believe there is a speaker on this item before you take your vote.
COMMISSIONER HILLER: Yes, but this is --
CHAIRMAN FIALA: Thank you.
COMMISSIONER HILLER: -- a very serious -- you know, the
framework that the legislatures (sic) have created have been created for
a reason.
And we cannot sit here and hold vendors hostage where they
don't have any idea where they stand for months on end not knowing if
they should sue, shouldn't sue. Whether they will or won't be paid.
That's just impossible. No one can do business with the county like
that.
CHAIRMAN FIALA: Let's move this one along.
COMMISSIONER HILLER: And I make a motion that we deny
Commissioner Taylor's request.
CHAIRMAN FIALA: You mean to solicit bids for new tourism
marketing?
COMMISSIONER HILLER: Correct, that we renew this -- I
mean, is it going to come back to us for a renewal automatically in
September, or what happens?
COMMISSIONER TAYLOR: No, it can be done
administratively.
MR. OCHS: It can be done administratively if they agree to the
same terms.
COMMISSIONER HILLER: So just to deny -- to deny
Commissioner Hiller's -- Commissioner Taylor's recommendation to
solicit.
CHAIRMAN FIALA: You're Hiller.
COMMISSIONER HILLER: Yeah, I'm Hiller. To deny
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April 26, 2016
Commissioner Taylor's recommendation to solicit bids for a new
marketing and promotion contract.
CHAIRMAN FIALA: Okay. And I'll second the motion.
We have a speaker.
MR. MILLER: Yes, ma'am. We have one registered speaker on
this item. John Sorey.
CHAIRMAN FIALA: Mayor Sorey, hello.
COMMISSIONER NANCE: Welcome to Collier County, sir.
MAYOR SOREY: Well, I'll tell you --
CHAIRMAN FIALA: I'm sorry you had to sit through this.
MAYOR SOREY: -- it's been an interesting discussion, but -- for
the record, John Sorey. And I'm going to speak to the item on the
agenda, which we spent about 10 percent of the time on,
recommendation directing the County Manager to solicit bids for a
new tourism marketing promotion contract.
And the key -- and I thought Mr. Nance did a great job of
summarizing. But the key here is we need a firm that can provide
support and improvement of the luxury brand that we are marketing.
And I know that I got lots of pressure from local vendors that
thought they could do X, Y, and Z, but when you look at the results --
and the way I read the two-year review, the County Manager has the
authority administratively to approve based on performance, and we
spent an hour and a half talking about things that have nothing to do
with the item on the agenda today.
But as you look at the effort and the results, I think they're pretty
clear. I think this agency has done a superb job. I've done a lot of
work with marketing agencies over the years. Ten percent is on the low
end of the scale. I think they provide a great deal of value for what
they charge.
And there was a question asked, well, you know, what difference
does it make if it goes out to bid again? Well, putting bid packages
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together aren't something you just do in five minutes. There's a cost.
This contract was set up with the provision to allow this particular
vendor to be reapproved two more two-year cycles, and part of that is
to reward them for performance and going through the bid process. So
there is a cost for bid.
And all the discussions about per diem and all that, it's just not
relevant to the situation. I mean, this is not a goman entity. And I
know we all, elected officials, start thinking like elected officials, and
this is the rules. Well, that's not the rules in the private sector. I mean,
there are times when you have to do things with a particular project or
whatever that don't meet the rules.
So I would strongly recommend that you approve another two
years for this vendor because they've done an outstanding job. Thank
you.
CHAIRMAN FIALA: Thank you.
MR. OCHS: Madam Chair?
CHAIRMAN FIALA: Yes, sir.
MR. HAMES: I think we can address a couple of specific
questions -- concerns that you had, and we can resolve them in about
three minutes, if that would be okay with the Board.
CHAIRMAN FIALA: Yes. We're ready to vote, but go ahead.
MAYOR SOREY: Don't talk them out of it, Sid.
MR. HAMES: So we've got the -- can you work that? So
basically --
MR. OCHS: Talk into the microphone.
MR. HAMES: Basically the budget here is 169,000. Of that,
69,000 went to Paradise and for that we were able to help facilitate
6,000 photos and numerous videos and so forth.
But, more importantly, I just want to address the -- Rudy's going
to address the specific questions that Commissioner Taylor was
questioning.
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MR. WEBB: Sure. Thank you very much. For the record, Rudy
Webb, vice president of accounts services at Paradise. I've been with
the agency eight years.
So we just wanted to identify some of the -- clarify some of the
items addressed in the executive summary that was attached to the
agenda today. So just to -- I won't read each one of these, but we just
wanted to provide additional information for you.
Some of the subcontractors to the project, such as models,
photographers, are not required to submit quotes per the contract.
Well, that is true during -- through the contract, yes. But what we do
as an agency is we go out and solicit those estimates and quotes on
your behalf.
So in this instance, we identified three potential photographers for
the project. Two actually submitted bids, and we negotiated Mr. Steve
Beaudet down to the rate there of 61,000, and you can see the other
competitive bids as well. We have those example bids here for -- if
you'd like to see them. So we do go out and solicit quotes on your
behalf in order to be responsible with the county's budget.
So this -- sort of to summarize this portion, it looks like we're
actually invoicing twice on the same particular project or double
dipping, and actually we are invoicing twice, but we call it pre -- pre-
-- progress billing. Thank you, Jack. Progress billing.
So sometimes a photographer, for example, requires payment up
front, and Paradise provides them with that payment, then we invoice
the county. And we get payment from the county, and then we are
reimbursed for that upfront payment. So we did invoice twice on that
particular protect, but it was the same --
COMMISSIONER TAYLOR: But those were your words. I
never -- I don't think my executive summary says you're double
dipping. I never indicated that. I never thought you did.
MR. WEBB: Okay. So I was just clarifying.
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COMMISSIONER TAYLOR: Oh, yeah. No, no, no, no. There
were distinct invoices for one job that were spread over a period of
time.
MR. WEBB: Correct.
COMMISSIONER TAYLOR: And I just consolidated. Oh, no. I
would -- no, no. I never, ever -- no, no. That's -- no. Please.
MR. WEBB: We wanted to make sure that you didn't --
COMMISSIONER TAYLOR: Yeah. A lot of things -- no. I
didn't even assume it.
MR. WEBB: It's just a progress billing for that --
COMMISSIONER TAYLOR: Yes, of course. Yes.
MR. WEBB: Great, thank you.
So on this one, there's no budget given to the crew for food. We
can -- they ate at Avenue 5. They can stay at the -- have dinner at the
Ritz. They can spend $200 on dinner, all coming out of the funds.
What we do -- we --just to clarify, we did not stay or eat at the
Ritz. We did not stay or eat at Truluck's. We did have lunch at
Avenue 5. Actually, if you saw some of the photography that we shot,
that was the actual location we used during that shoot. We were
shooting there in the morning, shooting there in the afternoon, so it just
made sense to keep the crew and team in that one location rather than
pack everything up, move, go get something for lunch, and come back,
and I think, actually, the general manager provided a discount on that
actual meal.
They provided all the meals during the shoot, which we were able
to use in our advertising, so it was a great benefit to us, so we
appreciate that.
We stayed at a lodging, you can see, at $79 per night. That's
pretty hard to find in Collier County, but we were able to manage that.
And then, yes, we do go to Miami to find models, actors, talent.
Miami's a great location for that type of pool. Actually, Orlando's
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another good location, but we did solicit a local talent agency here in
Collier County to provide talent. It just so happened that it wasn't the
look that we were going for, for what we thought would provide the
destination the best image out in the market, which is so important,
which Jack mentioned earlier.
And the photographer actually did not come from California. He
lives in Boca Raton. He flew, from New Hampshire, home on his own
dime, drove over here. He has family in the area. He's very familiar
with the destination, so he's a great, great photographer.
And then, according to the contract, we talked about this a little
bit, a 10 percent fee based on the overall budget. The budget's the
budget. Jack and his team set that budget approved by you, and then
we work within that budget. We are stewards of that budget. We try
to be as fiscally responsible as possible, because the further we extend
that budget, the better it makes us look, the better it makes you look,
the more impacting results we get.
MR. HAMES: I'm just going to make one final thought or
mention. We had a $179,000 budget and quote that was approved by
Jack and his team, and we came in $10,000 under. And no agency that
I know of would give that $10,000 back. And we didn't even tell Jack
that we were coming in under. We just invoiced that.
And so we're not -- we're trying to work as diligently as we
possibly can to keep those costs down.
That's all that we wanted to say. I know, Commissioner Taylor,
you had some questions, and I thought we could maybe address them
and shed some light on it. So that wraps it up from our point of view
unless you have any questions.
CHAIRMAN FIALA: Thank you very much. I think we should
go -- do you want to speak again?
COMMISSIONER TAYLOR: No.
CHAIRMAN FIALA: Okay, fine.
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Then, with that, we have a motion on the floor and a second to not
go out to -- to -- let's see. How do you say it when you don't want to
solicit for bids?
COMMISSIONER HILLER: Not solicit.
CHAIRMAN FIALA: Not to solicit.
COMMISSIONER HILLER: We're going to renew the existing
contract.
CHAIRMAN FIALA: Yeah, for a new contractor. Motion and a
second. Any further suggestions?
COMMISSIONER NANCE: Is it a motion to deny?
CHAIRMAN FIALA: Yeah.
COMMISSIONER HILLER: Commissioner Taylor's
recommendation --
COMMISSIONER NANCE: Okay.
COMMISSIONER HILLER: -- regarding the solicitation.
COMMISSIONER NANCE: So an affirmative bid is a vote to
deny?
CHAIRMAN FIALA: Yes.
COMMISSIONER NANCE: Yes, okay.
COMMISSIONER HILLER: An affirmative vote is a vote to
deny Commissioner Taylor's recommendation.
CHAIRMAN FIALA: Okay. Okay. We've got that all set, right?
All in favor, signify by saying aye.
COMMISSIONER NANCE: Aye.
CHAIRMAN FIALA: Aye.
COMMISSIONER HILLER: Aye.
COMMISSIONER HENNING: (Absent.)
CHAIRMAN FIALA: Opposed?
COMMISSIONER TAYLOR: Opposed.
CHAIRMAN FIALA: Okay. So that's a 3-1 vote.
Commissioner Henning has left.
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And let's go give our --
COMMISSIONER HILLER: Leo, you're going to --
CHAIRMAN FIALA: -- court stenographer a little bit of a break,
please.
COMMISSIONER HILLER: I just want to confirm. So you're
administratively renewing this contract then?
MR. OCHS: We'll evaluate it at the time and act according to our
authority at the right time before the contract expires.
COMMISSIONER HILLER: Right. Thank you.
CHAIRMAN FIALA: Okay. Let's take a break, folks; 10
minutes, please.
(A brief recess was had.)
CHAIRMAN FIALA: Okay. We're back in session.
Item #15
STAFF AND COMMISSION GENERAL COMMUNICATIONS
MR. OCHS: Yes, ma'am. That takes you to Item 15, staff and
commission general communications.
CHAIRMAN FIALA: Did we get everything else done? No.
11A, we didn't get 11A done. Oh, maybe you did them while I was
gone.
MR. OCHS: Yes. Yes, ma'am.
COMMISSIONER NANCE: We did all the juicy stuff while you
were gone.
CHAIRMAN FIALA: Oh, okay.
MR. OCHS: I have nothing this afternoon, Commissioners.
COMMISSIONER HILLER: My turn?
MR. OCHS: County Attorney?
MR. KLATZKOW: I have nothing.
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CHAIRMAN FIALA: I don't blame you. This has been awful.
MS. NANCE: Except for the pickles.
CHAIRMAN FIALA: The pickles are good.
Commissioner Hiller?
COMMISSIONER HILLER: Thank you.
Leo, of the other vendors that came before this board, what's the
resolution? What happened to Surety? What happened to PBS? Not
paid? And this was a situation where we had vendors stand before this
board, general contractors that had fixed price contracts, and where we
had a discussion that Ms. Kinzel said that she was going to work with
them and get them paid and that if that didn't happen, the County
Attorney was going to come back. Didn't you say you were going to
come back and ask for payment under quantum meruit?
MR. KLATZKOW: I said that was a possibility that the Board
could consider, yeah.
COMMISSIONER HILLER: Well, we need to do something
because, I mean, again, this is how long -- when did they come before
this board?
MR. CASALANGUIDA: Several months ago.
MR. OCHS: Several months ago.
COMMISSIONER HILLER: Okay. Well, what are we going to
do? Okay. This is a situation like Paradise. You know, we had this
discussion in front of the Board. The discussion was, was that they
were going to work together and get it resolved, and now two months
later these vendors -- there's no resolution, and we're in the same
position that we were in before.
MR. KLATZKOW: Well, I'd happy to work with you to put
together an executive summary, and the County Manager, and bring it
forward.
COMMISSIONER HILLER: We -- I just don't see that we can
sit here and do nothing if we have received those services, it's under a
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fixed price contract, and the Clerk just simply refuses to come before
this board and state with specificity the reason for his denial of the pre-
audit.
MS. KINZEL: Commissioner Fiala?
CHAIRMAN FIALA: Yes.
MS. KINZEL: We are working with those vendors. We haven't
reached resolution with each of them, but we are working with the
general contractors, and we will get back to the Board.
CHAIRMAN FIALA: Could you give us a date, Crystal, so that
we know they're going to get paid?
COMMISSIONER HILLER: In two months.
CHAIRMAN FIALA: Just a minute, Georgia, please -- I mean,
Commissioner Hiller.
COMMISSIONER HILLER: No. Go ahead.
MS. KINZEL: We've discussed the items. We most recently
received a letter from one of the attorneys on -- from one of the general
contractors, and we're working with them.
It is a factor of when they respond to us when we respond to
them. But we are in communication with them, and we're working
through the documentation so that we can pay them.
So we're working with the general contractors, we're working
with fencing contractors and several of the other contractors to resolve
the issue.
But I didn't want the Board's impression to believe that we have
done nothing. We are working with them.
MR. KLATZKOW: Have any of them been paid?
CHAIRMAN FIALA: Pardon me?
MR. KLATZKOW: Have any of them been paid?
CHAIRMAN FIALA: Have any of them been paid, Crystal?
MS. KINZEL: We pay vendors every day. If you're talking
specifically of the general contractors that were under the evidence, I
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would have to go back and check on any of the five.
CHAIRMAN FIALA: Nobody's --
MS. KINZEL: I didn't check. That wasn't on the agenda for this
meeting. I apologize. I'll be glad to give you a status after I go back
and review the records.
COMMISSIONER HILLER: Leo? Leo, according to what I see
in the back of the room, which it looks like Len's head going "no." So
those contractors have not been paid on these fixed-price contracts, is
that correct, Len?
MS. PRICE: (Nods head.)
COMMISSIONER HILLER: Yes. So they haven't been paid.
CHAIRMAN FIALA: Oh, I thought they'd taken care of that.
COMMISSIONER HILLER: Yeah. No. So, you know, the --
like I said, I mean, we've got a very serious issue here. We -- you
know, we're guided by the Prompt Payment Act, and we've got
vendors who are not being paid and who are not being told why they
are not being paid in the time frame and in the manner prescribed by
the law. That's a problem. And it's -- this is not an ongoing debate,
and it constantly turns into an ongoing debate.
How many audits are pending right now? How many audits are
you facing?
MR. OCHS: Internal audits?
COMMISSIONER HILLER: Uh-huh.
MR. OCHS: I'd have to -- I'd have to check with staff and get
back to you, ma'am.
COMMISSIONER HILLER: When are the audits that's -- there
was one audit that just came out on the tax, on the gas tax. When is
that going to be presented?
MR. OCHS: I don't know if-- my understanding is it may come
at the next agenda. I don't know that it will be a presentation item or a
consent agenda submittal. That's up to the Clerk's Office.
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COMMISSIONER HILLER: When are you going to present that
audit, Crystal?
MS. KINZEL: Pursuant to our prior agreements, we're putting all
of them on the consent. And then if a commissioner would like to
address them separately, that will be on the next agenda.
COMMISSIONER HILLER: Okay. Thank you.
I think that Commissioner Nance, Commissioner Fiala, and
myself are all very concerned about these unpaid vendors. I mean, I
think this is a serious matter and, you know, we as a board have a duty
to act, and we need to do something about this situation.
If it's not proper to pay these vendors, they need to know that
right away so that they can take legal action to defend themselves if
they believe we're wrong. Conversely, if they deserve to be paid, they
need to get paid right away because we are way overdue, and it's a very
serious, serious problem.
Commissioner Fiala, do we have any holidays coming up that I
don't know about that I've forgotten?
CHAIRMAN FIALA: That I'm going away on?
COMMISSIONER HILLER: No. Just generally. Because I like
to follow up. I know we -- oh, my God. I completely remembered that
I've just forgot, Mother's Day. It's Mother's Day in May.
CHAIRMAN FIALA: Yes.
COMMISSIONER HILLER: The beginning of May is Mother's
Day, correct?
CHAIRMAN FIALA: Yeah.
COMMISSIONER HILLER: So all hail to all mothers.
CHAIRMAN FIALA: Oh, okay.
COMMISSIONER HILLER: And Happy Mother's Day to
everyone in the community, and thank you to all the women that
contribute to our society and make such a difference.
CHAIRMAN FIALA: Thank you, Commissioner Hiller.
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Commissioner Taylor?
COMMISSIONER TAYLOR: No. Commissioner Nance. That's
fine. I want --
COMMISSIONER NANCE: Oh, okay.
I just wanted to end my -- I want to apologize to everybody for
coming -- for losing my composure there a little. Please accept my
heartfelt apologies.
CHAIRMAN FIALA: Your words were profound. Don't
apologize for them.
COMMISSIONER NANCE: Well, okay. Well, it's just not
always my style, and I hope to do better. Thank you for your
understanding.
I wanted to give you some very positive, positive information on
what's taking place with our relationship with the University of Florida
and our accelerator, so I gave you this little package, this little flier on
how to start a food business in Florida, an introduction to food
entrepreneurship.
COMMISSIONER TAYLOR: Maybe Leo could put that on the
visualizer so that people could see this wonderful --
COMMISSIONER NANCE: Yeah, Leo. Can you put that up on
the visualizer there. This is the tentative agenda for a workshop that is
being put on by faculty members from the University of Florida. And
Vanessa Bielema, our Extension sustainable food systems agent, is
hosting one of them in Immokalee on May 27th.
This is extraordinary. If you look at these individuals, all these
individuals that are presenting on this agenda are PhD's from the
University of Florida.
And together, working with our incubator and in direction of food
science, Ms. Bielema reminds us that Dr. Paine in Gainesville has been
considering for quite a while hiring and involving a food science
faculty member, a new -- brand new position that we could potentially
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get in -- at the Immokalee Research and Education Center, which
would be a center of excellence for us in sustainable food science.
And I've talked to the County Manager, Marshal Goodman, Jace
Kentner about getting together with Dr. Arnold at our earliest
convenience and reviewing with Dr. Arnold and with Dr. Paine in
Gainesville our funding through the legislature to push forward on the
accelerator out there and see if we can continue to engage them.
They've kind of been in suspended animation up there wondering if we
were going to get that funding.
So together with the funding that I hope we're going to get
through a USDA grant, we can start moving this forward. This has
really got a lot of energy, and it can really be a success story for
everyone. So everybody's got an interest in the success of this. So I
just wanted to share this with you.
Also attached is a little two-page handout that's just a little blurb
on the Centers of Excellence program that the Florida state university
system is engaged in. And it talks about the different areas. From
three original centers, they've expanded to 11. And I'm hoping that we
can -- we can work our way into having a center of excellence in food
science here. I think it's completely possible. And if we could do that,
it would really be a game changer for you.
So I just wanted to leave you with something really positive, but
we've got to -- you know, we've got to get aggressive about pushing
forward on this. I think it's a great opportunity without limits, so...
COMMISSIONER TAYLOR: Leo, would you put this one up --
MR. OCHS: Yes, ma'am.
COMMISSIONER TAYLOR: -- so people can see where.
COMMISSIONER NANCE: And Vanessa, as you'll remember,
was appointed as a sustainable food system agent when one of the
positions in our extension office there was re-purposed. And that was
a decision that was made instantly by Dean Nick Place in Gainesville
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in conjunction with our visit up there.
So, I mean, we added a -- we added a team player right then with
stunning -- that was stunning speed. That normally doesn't happen. I
mean, the University of Florida might even grind slower than Collier
County, I'm not sure, but it's right in the same league, okay. It's one of
those glacial systems.
But, anyway, I think that's really good news. I'm really delighted
about the pickle ball event. Commissioner Fiala is going to -- she's
creating a legacy here in this sport somehow. I don't know how she's
become the face of pickle ball in the nation, but somehow she's done
that.
And, actually, I intercepted Mr. Wert coming into the building
today, and I'm really going to ask the County Manager. I told him with
all -- I wasn't making this up, and I wasn't making a joke. I told him,
they need to be reaching out to Vlasic and Heinz and all these sports
companies that make the -- you know, the rackets and the balls and
everything for this pickle ball. We need to go out there and solicit a
best-offer bid to be, like, our platinum sponsor. You know, we've got
two years left to go on this. We need to give them a facility to name or
something.
CHAIRMAN FIALA: You mean like a pickle ball -- pickle
company; is that what you're saying, Vlasic?
COMMISSIONER NANCE: Well, I thought that, you know,
Heinz and Vlasic are famous for having a boatload of money. It would
be a very small blip in their advertising campaign. They'd be -- I think
they could really milk, you know, being the national sponsor for pickle
ball. I mean, how could you lose on that?
You know, anyway, we need to dispatch our best people to go up
there and make a deal with them so they send us a couple million
bucks.
CHAIRMAN FIALA: You know, I just took your idea -- and I
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told them it was your idea. It wasn't mine. I took it to the pickle
bailers last night. I was hanging out there till about 9:30 last night.
COMMISSIONER NANCE: You were cavorting with the pickle
ballers.
CHAIRMAN FIALA: Yes, again. And I gave them your idea.
COMMISSIONER NANCE: Were they consuming any adult
beverages there before the event?
CHAIRMAN FIALA: I'll get on to my subject here.
COMMISSIONER NANCE: Okay.
MR. CASALANGUIDA: Pickle juice, sir.
CHAIRMAN FIALA: And they said that they've already
contacted a pickle company, and they named it. And it started with an
M, but I'd never heard of it before.
COMMISSIONER NANCE: Oh, that's Mount Olive. That's the
North Carolina one.
CHAIRMAN FIALA: Yeah, that is. That is.
COMMISSIONER NANCE: That's right. Don't underestimate
those North Carolina pickle guys.
CHAIRMAN FIALA: So they've got them signed on for next
year. Yeah. So anyway...
COMMISSIONER NANCE: I'll have to make a trip to Mount
Olive, North Carolina, as your emissary. You'll have to knight me
before I go.
CHAIRMAN FIALA: Oh, all right. I'll do that. Would you wear
a crown or anything?
COMMISSIONER NANCE: A big pickle badge or something.
We need to talk to Mr. Wert about the name badges that look like a
pickle or something.
CHAIRMAN FIALA: But that was a great idea, yeah. I said,
well, there's no harm in having more than one. They said, no, it's
going to be a -- you know, one -- what do they call it? An exclusive
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April 26, 2016
contract.
COMMISSIONER NANCE: Oh. I'm liking that. That comes
with a lot of zeros.
CHAIRMAN FIALA: Oh. Okay. Thank you. Anything else?
COMMISSIONER NANCE: No, ma'am. I've exhausted my
sense of human.
CHAIRMAN FIALA: Well, that was a good one. That was just
great.
I had a couple other things to say but, you know what, I don't feel
like saying them now. They're -- I'm so tired of hearing all of this stuff.
COMMISSIONER NANCE: Have a pickle, ma'am. You've got a
whole jar of them.
CHAIRMAN FIALA: You know what -- well, Commissioner
Taylor, every time you bring up this thing about the Clerk and, you
know, you put it back on again about paying the bills and everything,
and we have to -- we just keep responding for his pre-audit, right?
You know, I still can't -- I've mentioned it before, but I'll just make it
clear one more time.
I thought a pre-audit was your pre-audit and then, when it comes
back, yes, that's a good -- that's okay to pay, you know, then you pay it,
instead of voting to pay it and then they go to pre-audit it. I don't
know. That's post audit, I would think, rather than a pre-audit.
And I think that that's where the confusion lies. If everybody says
-- because we always did pre-audit before we paid. It was just the way
we always did it. I don't know where it changed or why it changed, but
I think in keeping with your will to -- let's see what we can do together,
you know. And unless somebody doesn't agree with me, you pre-audit
so that you can pay. That's what pre mean. And I was hoping that
maybe that could be an answer to -- to what you're suggesting.
And I know I've suggested it elsewhere, and it used to work just
fine. We've been doing that for years and years and years. Just maybe
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April 26, 2016
we can go back to just doing it the same way again.
So, anyway, that was just a suggestion I might bounce into your
court. Bounce, like with a pickle ball or something. Anyway, I think
that's what's made it so difficult for us.
All right. I want to thank all of you for being here. I charge --
COMMISSIONER TAYLOR: I want to say --
MR. OCHS: Madam Chair, I don't think you went to
Commissioner Taylor yet.
COMMISSIONER TAYLOR: No. And I want to say --
CHAIRMAN FIALA: Oh, okay.
And I also wanted to charge each and every one of you -- you
have to sign a sheet that -- when you've gone down to see how the
courts look and watched a game, you have to sign your sheet so that I
can mark you off as perfect attendance, okay. Everybody's got that
charge. Okay. Good.
Commissioner Taylor?
COMMISSIONER TAYLOR: I had the opportunity to walk
around the campus just a little bit, and I cannot tell you -- in the middle
of the day -- and how beautiful this campus is and how artistically and
cleverly put are benches and shades so people can enjoy it. And it's
not just for government workers. It's for the public also.
And I hope that when -- and I'm leading up to this, Leo, so be
prepared. I hope that when we -- when the -- when -- the office of
elections, when they move out, we talked a little while ago about
maybe putting some kind of exercising space in there.
No? I heard no, right? Who said no? Troy said no. Troy.
And maybe, you know, something where -- and maybe showers
and -- however you want to do it, but I'd like it to be part of this
campus. This campus is really beautiful. It's an urban campus. There's
cement and parking. But the trees soften it, and the benches make it
great for pedestrians and for people who want to walk around.
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April 26, 2016
And I want to say I had nothing to do with this, public. It's
compliments to the staff and the planning.
MR. OCHS: Well, thank you for your kind remarks, and we are
updating our facilities master plan now, so all suggestions are good
ones, and we'll try to incorporate those into the plan.
COMMISSIONER TAYLOR: Oh, pickle ball. Oh, my gosh.
She wants pickle ball courts built. Oh, my gosh. I was thinking of a
rowing machine and a stair climber.
CHAIRMAN FIALA: Oh, those exercises.
COMMISSIONER TAYLOR: Those exercises.
CHAIRMAN FIALA: Okay. Yes.
COMMISSIONER HILLER: One thing I would like to ask, if it
would be possible. There's a great photographer in town that had a
great exhibit down at Von Liebig, and I was talking to him the other
day. And, you know, we had talked in the past about, like, art in public
places, and he would be happy to lend us his exhibit. They traveled
across the country, and their photography is unbelievable.
And I thought maybe just for a short period of time put it on
exhibit down in the lobby. Just take down some of our old pictures,
put these photographs up. They're in -- the guy's name is Gareth
Rawcliffe. I'm sure you've heard of him.
CHAIRMAN FIALA: Oh, I saw him, yeah.
COMMISSIONER HILLER: Yeah. He's, like, absolutely
amazing art, and he said he would be happy -- I mean, you know, no
cost or anything, just so we could have the exhibit. And it was on full
display at Von Liebig. They had a huge, you know, show. I'll give
you the name after. It's Rawcliffe.
MR. OCHS: Yeah. If the --
COMMISSIONER HILLER: I'll -- would that be okay, I mean,
to put it on display downstairs for --
CHAIRMAN FIALA: I think it's good, but then I think we
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April 26, 2016
should follow it up with a Penny Taylor display.
COMMISSIONER TAYLOR: Oh, oh, oh.
CHAIRMAN FIALA: Yeah.
COMMISSIONER TAYLOR: No, we can't do that. That's too --
that's too close to home. I mean, I would be happy to. But, you know,
what we did talk about a long time ago was the concept of having
rotated --
COMMISSIONER HILLER: That's what I'm talking about.
COMMISSIONER TAYLOR: And we have -- look at the wall
space in here, ladies and gentlemen.
COMMISSIONER HILLER: I know. You could put some of
those photographs up here, whatever you think is appropriate. Like,
maybe we just put it on two walls just so it doesn't clutter everything
up.
But I can get you all the information. You can call the
photographer and just put up the display for whatever period of time
you think is reasonable, you know, and let's start this
art-in-public-places thing going.
COMMISSIONER TAYLOR: Yeah. And we could -- what we
could do is use these -- this wall space but also rotate it with -- we did a
long time ago talk to the Von Liebig, and it never came -- everyone's a
little worried, how's this going to happen? But these -- this space has
remained vacant.
COMMISSIONER HILLER: Right.
COMMISSIONER TAYLOR: And it's perfect.
COMMISSIONER HILLER: So -- exactly. And since I've got
an artist who's willing to do it, let's experiment, work with him, see
how it works, see what you like, don't like, see, you know, what the
best way to establish this as a program is, and take it from there. And
I'll give you the contact information; you can get ahold of him.
MR. OCHS: Thank you. Thank you.
Page 175
April 26, 2016
CHAIRMAN FIALA: All right.
COMMISSIONER TAYLOR: All right.
COMMISSIONER HILLER: We'll make it pretty. I like that
kind of stuff.
COMMISSIONER TAYLOR: And maybe not just limited to
photography, but there's some artists.
MR. OCHS: Sure.
COMMISSIONER HILLER: Yeah, or course. And just do --
what I would suggest is just do -- like, do a rotating show and like you
-- for -- this time we can start with this one photographer. Maybe next
time we do all -- I don't know --
CHAIRMAN FIALA: Painting.
COMMISSIONER HILLER: -- nature paintings or whatever,
you know, like, we can come up with a -- whatever we decide.
CHAIRMAN FIALA: Old time Florida, Paul Arsenault.
COMMISSIONER HILLER: Or old time -- right. We could do
like a Paul Arsenault exhibit, like, next, whatever. But, again, the artist
has to be willing to do it, and they have to assume all risk and all that
good stuff.
MR. OCHS: Okay.
COMMISSIONER HILLER: I think it would be nice to make
that available for the public, you know.
CHAIRMAN FIALA: Okay. So do we have any other
comments from anybody else?
(No response.)
CHAIRMAN FIALA: Then take a deep breath, smile, and have a
nice evening. Go out to the pickle ball courts, and I'll see you in two
weeks, okay.
The meeting is adjourned.
Page 176
April 26, 2016
**** Commissioner Taylor moved, seconded by Commissioner
Nance and carried unanimously that the following items under the
Consent and Summary Agendas be approved and/or adopted ****
Item #16A1
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
LOGAN BOULEVARD, PL20120000058, 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
$31,692.50 TO THE PROJECT ENGINEER OR THE
DEVELOPER'S DESIGNATED AGENT - LOCATED NORTH OF
IMMOKALEE ROAD AT THE SEVEN SEAS BLVD.
INTERSECTION
Item #16A2
PETITION VAC-PL20160000009 TO QUITCLAIM AND
RELEASE THE COUNTY'S INTEREST IN THE INGRESS AND
EGRESS EASEMENT RUNNING THROUGH THE WEST SIDE
OF THE PROPERTY DESCRIBED IN EXHIBIT A ATTACHED
HERETO, AS RECORDED IN OFFICIAL RECORD BOOK 624,
PAGE 1639 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA — LOCATED
AT THE CORNER OF GOODLETTE-FRANK ROAD AND
IMMOKALEE ROAD
Item #16A3
Page 177
April 26, 2016
RESOLUTION 2016-72: A LOCAL AGENCY PROGRAM (LAP)
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION IN WHICH COLLIER COUNTY WOULD
BE REIMBURSED UP TO $261,066 FOR THE CONSTRUCTION
OF SIDEWALKS IN EAST NAPLES (LOMBARDY LANE AND
ORCHARD LANE) AND TO AUTHORIZE THE NECESSARY
BUDGET AMENDMENT (PROJECT #33460, FPN 430879-1-58-
01) — LOCATED OFF OF THOMASSON DRIVE NEAR SUGDEN
PARK
Item #16A4
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 289RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH
STREET EAST TO EAST OF EVERGLADES BOULEVARD.
(PROJECT NO. 60145) (ESTIMATED FISCAL IMPACT: $15,200)
— A PORTION OF FOLIO #39327720005
Item #16A5
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 331RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH
STREET EAST TO EAST OF EVERGLADES BOULEVARD.
(PROJECT NO. 60145.) ESTIMATED FISCAL IMPACT: $2,527 —
FOLIO #40623700006
Page 178
April 26, 2016
Item #16A6
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 334RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH
STREET EAST TO EAST OF EVERGLADES BOULEVARD.
(PROJECT NO. 60145) (ESTIMATED FISCAL IMPACT: $8,150) —
FOLIO #40922480001
Item #16A7
AWARD AGREEMENT NO. 15-6456 FOR CONSTRUCTION
ENGINEERING AND INSPECTION (CEI) FOR LOCAL AGENCY
PROGRAM (LAP) FUNDED PROJECTS TO AIM ENGINEERING
& SURVEYING, INC.; "CONSTRUCTION ENGINEERING AND
INSPECTION (CEI) SERVICES FOR LAP FUNDED PROJECTS."
GROWTH MANAGEMENT GRANT FUND 711
Item #16A8
RESOLUTION 2016-73: FINAL APPROVAL OF THE PRIVATE
ROADWAY AND DRAINAGE IMPROVEMENTS FOR THE
FINAL PLAT OF RIVERSTONE - PLAT FOUR APPLICATION
NUMBER 20120002198 WITH THE ROADWAY AND
DRAINAGE IMPROVEMENTS BEING PRIVATELY
MAINTAINED; ACCEPTANCE OF THE PLAT DEDICATIONS
AND AUTHORIZING THE RELEASE OF THE MAINTENANCE
SECURITY — LOCATED OFF OF LOGAN BLVD. EXTENSION
Item #16A9
Page 179
April 26, 2016
AN EASEMENT AGREEMENT FOR THE PURCHASE OF TWO
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENTS (PARCELS 350RDUE AND 348RDUE) REQUIRED
FOR THE EXPANSION OF GOLDEN GATE BOULEVARD
FROM 20TH STREET EAST TO EAST OF EVERGLADES
BOULEVARD. PROJECT NO. 60145 (ESTIMATED FISCAL
IMPACT: $31,550) — A PORTION OF FOLIO #40925880006 AND
#40925760003
Item #16A10
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $219,726.28 FOR PAYMENT OF $126.28
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. PNC BANK, N.A., CODE
ENFORCEMENT BOARD CASE NO. CESD20130010194
RELATING TO PROPERTY LOCATED AT 3245 37TH AVENUE
NE, COLLIER COUNTY, FLORIDA, THAT WILL RESULT IN
THE DONATION OF THE PROPERTY TO COLLIER COUNTY
FOR THE BENEFIT OF CONSERVATION COLLIER — THE
PROPERTY WILL BECOME PART OF THE WINCHESTER
HEAD PRESERVE IN GOLDEN GATE ESTATES
Item #16A11
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $34,362.82 FOR PAYMENT OF $562.82
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. JACK AND MURIEL
FLOYD, CODE ENFORCEMENT SPECIAL MAGISTRATE
Page 180
April 26, 2016
CASE NO. CEPM20120009545 RELATING TO PROPERTY
LOCATED AT 11466 LAERTES LANE, COLLIER COUNTY,
FLORIDA — VIOLATION FOR AN UNSECURE DWELLING IN
NEED OF REPAIR; BROUGHT INTO COMPLIANCE ON
FEBRUARY 26, 2013
Item #16Al2
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $150,127.50 FOR PAYMENT OF $577.50,
IN THE CODE ENFORCEMENT ACTION ENTITLED BOARD
OF COUNTY COMMISSIONERS V. C WALT, INC. ASSET-
BACKED CT, CODE ENFORCEMENT BOARD CASE NO.
CESD20140007746, RELATING TO PROPERTY LOCATED AT
5681 DOGWOOD WAY, COLLIER COUNTY, FLORIDA —
VIOLATIONS FOR A TIKI HUT, GARAGE
CONVERSION/ALTERATION AND A CHAIN LINK FENCE
WITHOUT THE PROPER PERMITS; BROUGHT INTO
COMPLIANCE ON MARCH 8, 2016
Item #16A13
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $92,600 FOR PAYMENT OF $500 IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. SANDRA SAGE AND CARLA
SAGE, CODE ENFORCEMENT BOARD CASE NO.
CELU20130015799 RELATING TO PROPERTY LOCATED AT
3123 RAVENNA AVENUE, COLLIER COUNTY, FLORIDA —
VIOLATION FOR STORAGE OF SEVERAL RECREATIONAL
Page 181
April 26, 2016
VEHICLES AND TRAILERS ON THE PROPERTY; BROUGHT
INTO COMPLIANCE ON FEBRUARY 2, 2016
Item #16A14
THE RELEASE OF A CODE ENFORCEMENT LIEN WITH AN
ACCRUED VALUE OF $32,250 FOR PAYMENT OF $682.13, IN
THE CODE ENFORCEMENT ACTION ENTITLED BOARD OF
COUNTY COMMISSIONERS V. GABRIELA GUZMAN, CODE
ENFORCEMENT SPECIAL MAGISTRATE CASE NO.
CEPM20100002802, RELATING TO PROPERTY LOCATED AT
17034 LOCKHART DRIVE, COLLIER COUNTY, FLORIDA —
VIOLATION FOR A VACANT MOBILE HOME WITH SEVERAL
PROPERTY MAINTENANCE VIOLATIONS; BROUGHT INTO
COMPLIANCE ON JANUARY 13, 2011
Item #16A15
AN EASEMENT AGREEMENT FOR THE PURCHASE OF A
ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY
EASEMENT (PARCEL 315RDUE) REQUIRED FOR THE
EXPANSION OF GOLDEN GATE BOULEVARD FROM 20TH
STREET EAST TO EAST OF EVERGLADES BOULEVARD.
PROJECT NO. 60145 (ESTIMATED FISCAL IMPACT: $15,200) —
A PORTION OF FOLIO #40622520009
Item #16A16
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
TREVISO BAY ROADWAY, PHASE 1, PL20130000149 — A
Page 182
April 26, 2016
FINAL INSPECTION OF THE FACILITIES BY THE
ENGINEERING SERVICES STAFF WAS CONDUCTED ON
OCTOBER 8, 2015 AND FOUND TO BE SATISFACTORY
Item #16A17
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
WOODCREST DRIVE, PHASE 1, PL20140000610, 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
OF THE FACILITIES BY THE ENGINEERING SERVICES
STAFF WAS CONDUCTED ON DECEMBER 10, 2015 AND
FOUND TO BE SATISFACTORY
Item #16A18
FINAL ACCEPTANCE AND UNCONDITIONAL CONVEYANCE
OF THE WATER AND SEWER UTILITY FACILITIES FOR
CAMDEN LAKES, PHASE 2, PL20140001156, 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
OF THE FACILITIES BY THE ENGINEERING SERVICES
STAFF WAS CONDUCTED ON FEBRUARY 4, 2016 AND
FOUND TO BE SATISFACTORY
Item #16A19
Page 183
April 26, 2016
RESOLUTION 2016-74: A SECOND AMENDMENT TO THE
SETTLEMENT AGREEMENT BETWEEN DENNIS J. LYNCH
AND THE BOARD OF COUNTY COMMISSIONERS DATED
FEBRUARY 4, 1994, AS AMENDED FOR THE PURPOSE OF
MODIFYING THE ALTERNATIVE CONCEPTUAL MASTER
PLAN ATTACHED AS EXHIBIT A TO THE SETTLEMENT
AGREEMENT AMENDMENT TO RECONFIGURE THE
DRIVEWAYS, PARKING SPACES AND COMMON AREAS, TO
REMOVE TWO BUILDINGS AND A PLAZA AND REPLACE
WITH A PROPOSED ASSISTED LIVING COMMUNITY, AND
TO REMOVE THE OBELISK AND REPLACE WITH THREE
PROPOSED FLAGPOLES, FOR PROPERTY LOCATED ON THE
WEST SIDE OF AIRPORT-PULLING ROAD, APPROXIMATELY
ONE QUARTER MILE NORTH OF GOLDEN GATE PARKWAY,
IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA [PMC-PL20160000197]
Item #16A20
A STAND ALONE GROWTH MANAGEMENT PLAN (GMP)
AMENDMENT CYCLE TO ALLOW FOR THE REMOVAL OF
THE EXISTING MAXIMUM ALLOWABLE OFF-SITE RUNOFF
DISCHARGE RATES BY BASIN FROM THE GMP; IN THE
INTERIM, APPROVE PLACING IN ABEYANCE THE
DISCHARGE RATES IN THE GMP; AND, AUTHORIZE STAFF
TO INITIATE AMENDMENTS TO THE CODE OF LAWS AND
ORDINANCES AND/OR LAND DEVELOPMENT CODE (LDC)
TO ADD STORMWATER DISCHARGE RATES; AND,
APPROVE A STANDALONE LDC AMENDMENT CYCLE, IF
NEEDED — AS DETAILED IN THE EXECUTIVE SUMMARY
Page 184
April 26, 2016
Item #16A21
THE CHAIRMAN TO SIGN THE UTILITY FACILITIES QUIT-
CLAIM DEED AND BILL OF SALE BETWEEN COLLIER
COUNTY AND KE TALIS PARK PROPERTIES, LLC, IN ORDER
TO RECONVEY TO THE KE TALIS PARK PROPERTIES, LLC
ALL IRRIGATION UTILITY FACILITIES ASSOCIATED WITH
THE DEVELOPMENT PROJECT AT SENECA AT TALIS PARK,
PL20140001965, WHICH WERE PREVIOUSLY ERRONEOUSLY
CONVEYED TO THE COUNTY
Item #16A22
NAMING OF A COLLIER COUNTY ARTIFICIAL REEF SITE
PURSUANT TO THE MEMORANDUM OF UNDERSTANDING
WITH THE COMMUNITY FOUNDATION OF COLLIER
COUNTY AND ACCEPT AND APPROPRIATE A DONATION IN
THE AMOUNT OF $98,000 FOR ARTIFICIAL REEF
DONATIONS PROJECT NO. 44038 — RENAMING COLLIER 2
ARTIFICIAL REEF TO JACKSON'S FISH CAMP MEMORIAL
REEF
Item #16A23
INVITATION TO BID #16-6616 "RIGHT OF WAY AND
DESIGNATED MAINTENANCE EASEMENTS MOWING FOR
RURAL, URBAN AND AQUATICS" TO CHUCHI BUSH HOG,
INC. AS THE PRIMARY CONTRACTOR, DUVAL LANDSCAPE
MAINTENANCE, LLC., AS THE SECONDARY CONTRACTOR,
Page 185
April 26, 2016
AND CARIBBEAN LAWN & GARDEN OF SW NAPLES FL.,
INC. AS THE TERTIARY CONTRACTOR
Item #16A24
AWARD INVITATION TO BID (ITB) #16-6537R "ANNUAL
CONTRACT FOR LANDSCAPE MAINTENANCE" TO
PRIMARY, SECONDARY AND TERTIARY CONTRACTORS
Item #16A25
DIRECTING THE COUNTY MANAGER TO ADVERTISE AN
ORDINANCE AMENDING ORDINANCE NO. 2006-57 TO ADD
A NEW SECTION ALLOWING FOR THE USE OF GOLF CARTS
UPON DESIGNATED ROADS IN THE AVE MARIA
STEWARDSHIP COMMUNITY DISTRICT (THE "DISTRICT")
AND TO APPROVE AN AGREEMENT WITH THE DISTRICT
WHEREBY THE DISTRICT AGREES TO DEFEND COLLIER
COUNTY AGAINST ANY ACTIONS RELATED TO THE
ADOPTION OF THE PROPOSED ORDINANCE
Item #16A26
STAFF TO PERFORM A ONE-TIME MAINTENANCE
CLEANING OF THE STATE ROAD 29 CANAL (BARRON
RIVER) AND DEVELOP, IN CONJUNCTION WITH STATE AND
FEDERAL AGENCIES, A LONG RANGE MAINTENANCE
PROGRAM PROPOSAL TO BE PRESENTED TO THE COUNTY
COMMISSION AT A FUTURE BOARD MEETING FOR FINAL
ACTION (FISCAL IMPACT $90,000) — FROM IMMOKALEE
SOUTH TO 1-75
Page 186
April 26, 2016
Item #16B1
AN APPLICATION AND RECIPIENT AGREEMENT FOR THE
IMMOKALEE CRA COMMERCIAL FACADE IMPROVEMENT
GRANT PROGRAM FOR REIMBURSEMENT OF $20,000 FOR
FACADE IMPROVEMENTS TO LOZANO'S RESTAURANT
LOCATED AT 405 NEW MARKET ROAD, IMMOKALEE,
FLORIDA, WHICH IS LOCATED WITHIN THE IMMOKALEE
COMMUNITY REDEVELOPMENT AREA — REPLACING OLD
WINDOWS, EXTERIOR STUCCO AND PAINTING, SECURITY
LIGHTING AND A DUMPSTER ENCLOSURE
Item #16B2
NOTIFYING LANDLORD BAYSHORE DRIVE, LCC THAT THE
CRA EXERCISES ITS OPTION TO EXTEND THE LEASE TERM
FOR TWO YEARS AS ALLOWED BY THE COMMERCIAL
LEASE AGREEMENT, DATED JULY 1, 2013, BETWEEN 3570
BAYSHORE DRIVE, LLC AND BAYSHORE/GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AGENCY FOR
CRA STAFF OFFICE SPACE
Item #16C1
A $255,595 WORK ORDER UNDER REQUEST FOR
QUOTATION #14-6213-57 TO HASKINS, INC., UNDER
PROJECT NUMBER 70019, "CROSS CONNECTION CONTROL
PROGRAM"; AND APPROVE THE NECESSARY BUDGET
AMENDMENT - REPLACING 1,000 UNDERGROUND DOUBLE
Page 187
April 26, 2016
CHECK VALVES APPROXIMATELY 20 YEARS OLD WITH
ABOVE GROUND BACKFLOW DEVICES
Item #16C2
A CERTIFICATION OF FINANCIAL RESPONSIBILITY, AS
REQUIRED BY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FOR THE RENEWAL OF
THE OPERATING PERMITS FOR THE DEEP INJECTION WELL
SYSTEMS AT THE SOUTH COUNTY REGIONAL WATER
TREATMENT PLANT — REQUIRED FOR THE PERMIT
RENEWAL APPLICATION
Item #16C3
A $419,355.68 WORK ORDER UNDER REQUEST FOR
QUOTATION #14-6213-59 TO QUALITY ENTERPRISES USA,
INC., FOR PROJECT NUMBER 71010, "VANDERBILT DRIVE
12-INCH WATER MAIN REPLACEMENT." — BETWEEN THE
DUNES AND THE MARINA BAY CLUB
Item #16C4
REVIEW THE FINDINGS OF THE RISK ASSESSMENT REPORT
FOR THE UTILITY OF THE CITY OF EVERGLADES; ADVISE
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) THAT THE COUNTY IS NOT IN A
POSITION TO ACCEPT OWNERSHIP OR SERVE AS THE
OPERATOR OF THE CITY OF EVERGLADES UTILITY AT
THIS TIME AND ENCOURAGE THE CITY OF EVERGLADES
TO WORK WITH APPROPRIATE FEDERAL AND STATE
Page 188
April 26, 2016
AGENCIES FOR ASSISTANCE TO ACHIEVE FULL PERMIT
COMPLIANCE AND OPERATIONAL RELIABILITY IN THE
UTILITY — AS DETAILED IN THE EXECUTIVE SUMMARY
Item #16D1
FIVE LANDLORD PAYMENT AGREEMENTS, ALLOWING
THE COUNTY TO ADMINISTER THE RAPID RE-HOUSING
AND HOMELESSNESS PREVENTION PROGRAM THROUGH
THE EMERGENCY SOLUTIONS GRANT PROGRAM —
AGREEMENTS WITH BIG CYPRESS HOUSING CORP., EDEN
GARDENS APARTMENTS LIMITED PARTNERSHIP, EDEN
GARDENS II, LLC, EVERGLADES SUPPORTIVE HOUSING,
LLC AND OAK MARSH, LLC
Item #16D2
FIRST AMENDMENT TO THE SUBRECIPIENT AGREEMENT
WITH COMMUNITY ASSISTED AND SUPPORTED LIVING,
INC. TO CLARIFY TENANT INCOME LIMITS AND
AFFORDABLE RENTAL REQUIREMENTS — REMOVING
LANGUAGE THAT IS INCONSISTENT WITH THE
REQUIREMENTS
Item #16D3
AMENDMENT NO. 1 TO THE PARKS AND RECREATION
DIVISION FACILITY USE MEMORANDUM OF
UNDERSTANDING WITH THE NAPLES BMX, INC —
PROVIDING THE OPTION TO RENEW FOR TWO ONE-YEAR
Page 189
April 26, 2016
PERIODS, SCHEDULE CHANGES AND NAPLES BMX
OBLIGATIONS
Item #16D4
RESOLUTION 2016-75: THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING
ASSISTANCE PLAN FOR FISCAL YEARS 2016/2017, 2017/2018
AND 2018/2019, SIGN ASSOCIATED DOCUMENTS,
AUTHORIZE SUBMISSION TO THE FLORIDA HOUSING
FINANCE CORPORATION
Item #16D5
A SUBSTANTIAL AMENDMENT TO COLLIER COUNTY'S U.S
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL ACTION PLANS FOR FY2011/2012, FY2012/2013,
FY2013/2014, AND FY2014/2015 FOR THE YOUTH HAVEN
SAFE AND SECURE HOMES PROJECT IN ORDER TO SHIFT
FUNDS ALLOCATED TO REPAVING ACTIVITIES TO THE
INSTALLATION OF FIBER-OPTIC CABLE AND NETWORK
EQUIPMENT
Item #16D6 — Moved to Item #11G (Per Agenda Change Sheet)
Item #16D7
AN "AFTER-THE-FACT" AMENDMENT, ATTESTATION
STATEMENT AND BUDGET AMENDMENT AWARD FOR THE
NUTRITION SERVICES INCENTIVE PROGRAM FROM AREA
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April 26, 2016
AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. (NET
FISCAL IMPACT $6,574.30) — WITH REGARDS TO NSIP 203.15
Item #16D8
AN AFTER-THE-FACT AMENDMENT TO THE COMMUNITY
CARE FOR THE ELDERLY AND THE HOME CARE FOR THE
ELDERLY PROGRAMS AND ATTESTATION STATEMENTS
WITH AREA AGENCY ON AGING FOR SOUTHWEST
FLORIDA, INC. FOR SERVICES FOR SENIORS PROGRAMS
(NO FISCAL IMPACT) — CHANGES REGARDING ADVANCE
PAYMENTS, INVOICE SUBMITTAL AND REQUESTS FOR
PAYMENT EFFECTIVE FEBRUARY 19, 2016
Item #16D9
A LIEN AGREEMENT WITH HABITAT FOR HUMANITY OF
COLLIER COUNTY, INC. (DEVELOPER) FOR DEFERRAL OF
SPECIFIED COLLIER COUNTY IMPACT FEES FOR 50
OWNER-OCCUPIED AFFORDABLE HOUSING UNITS
LOCATED AT LEGACY LAKES, IMMOKALEE, FLORIDA —
DEFERING $821,508 IN IMPACT FEES
Item #16D10
REJECTING THE SOLE RESPONSE RECEIVED FOR
INVITATION TO BID #16-6570 FOR POOL HEATER/COOLER
REPAIR — STAFF TO MODIFY THE SOLICITATION TO
PROMOTE A BROADER PARTICIPATION/COMPETITION BY
UTILIZING DIFFERENT PRICE METHODOLOGY ON LABOR
AND MATERIAL COSTS
Page 191
April 26, 2016
Item #16D11
CHANGE ORDER #05 TO CONTRACT NO. 14-6320, ADDING
ONE HUNDRED TWENTY (120) DAYS AND INCREASING THE
TOTAL PROJECT COST BY $69,623.72, TO DANELLA UTILITY
CONSTRUCTION INC., ON THE VANDERBILT BEACH MSTU
(THE "MSTU") UNDERGROUND UTILITY CONVERSION
PROJECT PHASE II AND III AND APPROVE AN AGREEMENT
WHEREIN FLORIDA POWER & LIGHT COMPANY ("FPL")
AGREES TO PAY REPAIR COSTS ASSOCIATED WITH THE
IMPROPER INSTALLATION OF CONDUIT
Item #16D12
TIME EXTENSION TO CONTRACT NUMBER AQQ85, JOINT
PARTICIPATION AGREEMENT (JPA) WITH FLORIDA
DEPARTMENT OF TRANSPORTATION UNDER THE STATE
TRANSIT SERVICE DEVELOPMENT PROGRAM, TO PROVIDE
FUNDING TO MAKE NECESSARY IMPROVEMENTS TO BUS
STOPS IN ACCORDANCE WITH THE AMERICANS WITH
DISABILITIES ACT (ADA) — EXTENDING THE GRANT UNTIL
DECEMBER 31, 2017
Item #16D13
A RELEASE OF DECLARATION OF RESTRICTIONS WHERE
THE TERM HAS BEEN MET FOR RENOVATION OF RENTAL
UNITS TARGETED TO LOW-INCOME RESIDENTS BY
IMMOKALEE NON-PROFIT HOUSING, INC. A.K.A.
IMMOKALEE HOUSING & FAMILY SERVICES WITH
Page 192
April 26, 2016
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS
ORIGINALLY APPROVED IN FY 2009-2010 ACTION PLAN —
LOCATED AT 2449 SANDERS PINE COURT, FOLIO
#00082961109
Item #16D14
STAFF'S FINDINGS AND RECOMMENDATIONS REGARDING
THE BRISTOL PINES PETITION, RENDER A DECISION
REGARDING THIS PETITION, AND ENSURE THE REQUEST IS
IN HARMONY WITH ALL THE APPLICABLE CODES AND
REGULATIONS IN ORDER TO ENSURE THAT THE
COMMUNITY'S INTERESTS ARE MAINTAINED; AND
SPECIFICALLY, (A) APPROVE LIEN AGREEMENTS WITH
BRISTOL PINES, LLC. [SOBELCO] (DEVELOPER) FOR
DEFERRAL OF SPECIFIED COLLIER COUNTY IMPACT FEES
FOR 14 OWNER-OCCUPIED AFFORDABLE HOUSING UNITS
LOCATED AT BRISTOL PINES II, NAPLES, FLORIDA FOR
AFFORDABLE HOUSING UNITS ALREADY ISSUED A
PERMIT, AND (B) APPROVE A SETTLEMENT AGREEMENT
CONFIRMING THE NUMBER OF AFFORDABLE UNITS
REQUIRED TO BE OCCUPIED IN THIS DEVELOPMENT, AND
ASSIGNING THE AFFORDABLE HOUSING DENSITY BONUS
AGREEMENT TO THE DEVELOPER — AS DETAILED IN THE
EXECUTIVE SUMMARY
Item #16E1
CONVEYANCE OF A UTILITY FACILITY WARRANTY DEED
AND BILL OF SALE, AND UTILITY EASEMENT TO THE
COLLIER COUNTY WATER-SEWER DISTRICT FOR WATER
Page 193
April 26, 2016
AND WASTEWATER INFRASTRUCTURE TO SERVICE EMS
STATION #76, 790 LOGAN BOULEVARD NORTH, NAPLES
FLORIDA — ALONG VANDERBILT BEACH ROAD, FOLIO
#41820800009
Item #16E2
A BILL OF SALE CONVEYING THE FIRE SUPPRESSION
FACILITIES INSTALLED BY THE COLLIER COUNTY WATER-
SEWER DISTRICT TO BLUE SKY'S CO-OP, INC. MOBILE
HOME PARK FOR OWNERSHIP AND MAINTENANCE
CONSISTENT WITH EXISTING UTILITY STANDARDS —
LOCATED ON RADIO ROAD, FOLIO #24207502866
Item #16E3 — Moved to Item #11H (Per Agenda Change Sheet)
Item #16E4
A SECOND AMENDMENT TO LEASE, EXTENDING AN
EXISTING LEASE WITH DROP ANCHOR MOBILE
HOMEOWNERS ASSOCIATION, INC. FOR AN ADDITIONAL
TEN YEARS AUTHORIZING DROP ANCHOR TO OCCUPY
SPACE WITHIN COUNTY-OWNED RIGHT-OF-WAY IN
GOODLAND — ALONG PAPAYA STREET
Item #16E5
AMENDMENT NO. 11 TO THE AGREEMENT WITH COLLIER
COUNTY DISTRICT SCHOOL BOARD FOR THE DRIVER
EDUCATION PROGRAM
Page 194
April 26, 2016
Item #16E6
AWARD INVITATION TO BID (ITB) #16-6585 "GOLDEN GATE
COMMUNITY CENTER RE-ROOF/REPAIRS" TO CROWTHER
ROOFING & SHEET METAL FL, INC., TO REMOVE AND
REPLACE AND REPAIR THE DETERIORATED ROOFING ON
THE GOLDEN GATE COMMUNITY CENTER IN THE
AMOUNT OF $104,800 — FOR REMOVAL AND
REPLACEMENT OF THREE SECTIONS DUE TO WATER
PENETRATION AND REPAIRS TO OTHER FOUR SECTIONS
Item #16E7
A SECOND AMENDMENT TO RADIO TOWER LEASE
AGREEMENT WITH CROWN CASTLE GT COMPANY LLC TO
ADD EQUIPMENT REQUIRED FOR THE APPROVED
UPGRADE OF THE COUNTY'S PUBLIC SAFETY RADIO
SYSTEM — LOCATED IN NORTH NAPLES
Item #16E8
AWARD INVITATION TO BID (ITB) #16-6545 "CONTRACT
LABORERS," TO BALANCE PROFESSIONAL, INC. AS THE
PRIMARY, AND TRP PARTNERS LLC AS THE SECONDARY,
FOR COUNTYWIDE TEMPORARY LABOR SERVICES AND
AUTHORIZE THE CHAIRMAN TO EXECUTE CONTRACTS
WITH THE VENDORS
Item #16E9
Page 195
April 26, 2016
CORPORATE PARTNERSHIP AGREEMENT BETWEEN
HODGES UNIVERSITY AND COLLIER COUNTY PROVIDING
FOR DISCOUNTED TUITION RATES TO EMPLOYEES; AND
AUTHORIZE THE COUNTY MANAGER OR DESIGNEE TO
EXECUTE THE AGREEMENT
Item #16E10
REJECT REQUEST FOR QUOTE #16-6559 EMS TERM LOAN
AND TO FUND THE REPLACEMENT OF THE CURRENT
MECHANICAL COMPRESSION DEVICES WITH THE LUCAS 2
MECHANICAL COMPRESSION DEVICES UTILIZING A
PROMOTIONAL INTEREST FREE LOAN AGREEMENT
BETWEEN PHYSIO CONTROL AND USBANK EQUIPMENT
FINANCE — TAKING ADVANTAGE OF 0% INTEREST FOR A 5
YEAR TERM
Item #16F1
RESOLUTION 2016-76: AMENDMENTS (APPROPRIATING
GRANTS, DONATIONS, CONTRIBUTIONS OR INSURANCE
PROCEEDS) TO THE FISCAL YEAR 2015-16 ADOPTED
BUDGET
Item #16F2
A REPORT COVERING BUDGET AMENDMENTS IMPACTING
RESERVES AND MOVING FUNDS IN AN AMOUNT UP TO
AND INCLUDING $25,000 AND $50,000, RESPECTIVELY —
BUDGET AMENDMENTS #16-325 (DOMESTIC ANIMAL
Page 196
April 26, 2016
SERVICES DONATIONS) AND #16-326 (ANIMAL CONTROL
SPAY/NEUTER TRUST)
Item #16G1
REJECT BID NO. 16-6557 - AUTOMATED WEATHER
OBSERVATION SYSTEM (AWOS) PROJECT NO. 33452 AND
RE-SOLICIT THE PROJECT — THE LOWEST BIDDER WAS 47%
HIGHER THAN THE ESTIMATED COST
Item #16H1
RESOLUTION 2016-77: APPOINTING JOHN PSARAS TO
CONSERVATION COLLIER LAND ACQUISITION ADVISORY
COMMITTEE TO A THREE YEAR TERM EXPIRING
FEBRUARY 11, 2019
Item #16H2
RESOLUTION 2016-78: RE-APPOINTING MAURICE
GUTIERREZ, SANDRA E. ARAFET AND VICTORIA NICKLOS
TO THE BAYSHORE BEAUTIFICATION ADVISORY
COMMITTEE
Item #16H3
RESOLUTION 2016-79: RE-APPOINTING CHARLES
GUNTHER, PETER DVORAK AND KAREN BEATTY TO THE
BAYSHORE/GATEWAY TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD WITH TERMS
EXPIRING MAY 22, 2019
Page 197
April 26, 2016
Item #16H4
RESOLUTION 2016-80: APPOINTING DR. SHAWN J. KHAN AS
AN ALTERNATE CITIZEN MEMBER TO THE VALUE
ADJUSTMENT BOARD
Item #16H5
RESOLUTION 2016-81 : APPOINTING GEORGE FOGG TO THE
FOREST LAKES ROADWAY AND DRAINAGE ADVISORY
COMMITTEE TO A TERM EXPIRING APRIL 21, 2020
Item #16H6
REQUESTS FROM THE COUNTY'S MEDICAL DIRECTOR AND
DEPUTY MEDICAL DIRECTOR FOR COMPENSATION
MODIFICATION PURSUANT TO THEIR RESPECTIVE
CONTRACTS AND THE INTERLOCAL AGREEMENT
BETWEEN COLLIER COUNTY AND THE NORTH COLLIER
FIRE CONTROL AND RESCUE DISTRICT — AS DETAILED IN
THE EXECUTIVE SUMMARY
Item #16I1
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
Page 198
MISCELLANEOUS CORRESPONDENCE
BOARD OF COUNTY COMMISSIONERS
April 26, 2016
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. CLERK OF COURTS:
1) Items to be Authorized by BCC for Payment:
B. DISTRICTS:
1) Cedar Hammock Community Development District:
Meeting Agenda 02/08/2016
Meeting Minutes 02/08/2016
2) Heritage Greens Community Development District:
Meeting Agenda 02/22/2016
Meeting Minutes 02//22/016
3) Naples Heritage Community Development District:
Meeting Agenda 03/01/2016
Meeting Minutes 03/01/2016
4) Port of the Islands Community Improvement District:
Meeting Agenda 01/15/2016
Meeting Minutes 01/15/2016
5) Winding Cypress Community Development District:
Proposed FY16/17 Budget
C. OTHER:
Collier County Housing Authority:
Annual Filing Notice; FY15/16 Meeting Schedule; Independent
Auditors, Barton, Gonzalez & Myers, P.A Audit Report for the
Year Ending September 30, 2015
April 26, 2016
Item #16J1 — Year corrected (Per Agenda Change Sheet)
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 MARCH 31 TO APRIL 13, 241-3-
2016
41-32016 PURSUANT TO FLORIDA STATUTE 136.06
Item #16J2 — Continued Indefinitely (Per Agenda Change Sheet)
TO PROVIDE A "PAYABLES REPORT" FOR THE PERIOD
ENDING APRIL 13, 2016 PURSUANT TO THE BOARD'S
REQUEST
Item #16J3
A BUDGET AMENDMENT RECOGNIZING $1,305,000 IN
REVENUES AND EXPENDITURES IN THE SHERIFF'S FY206
GENERAL FUND BUDGET — FOR UNSPENT FEES THAT ARE
TURNED BACK TO THE BOARD AFTER THE CLOSE OF THE
FISCAL YEAR
Item #16K1
A JOINT MOTION AND PROPOSED STIPULATED FINAL
JUDGMENT IN THE AMOUNT OF $12,500 FOR PARCEL
175RDUE IN THE CASE STYLED COLLIER COUNTY V.
CHRISTOPHER WARBURTON, ET AL., CASE NO. 15-CA-335
REQUIRED FOR THE WIDENING OF GOLDEN GATE
BOULEVARD, PROJECT NO. 60040. (FISCAL IMPACT: $3,300)
Page 199
April 26, 2016
Item #16K2
THE EXPENDITURE TO RETAIN JIM NULMAN OF NULMAN
MEDIATION SERVICES TO SERVE AS MEDIATOR FOR A
PRE-SUIT MEDIATION WITH AFFORDABLE LANDSCAPING
AS REQUIRED BY THE STANDARD COUNTY CONTRACT
BETWEEN THE PARTIES
Item #16K3
THE RELEASE AND WAIVER REQUIRED TO FINALIZE THE
COUNTY'S PENDING LITIGATION WITH THE DEPARTMENT
OF JUVENILE JUSTICE AS REQUIRED BY SECTION 985.6865,
FLORIDA STATUTES, JUVENILE DETENTION (EFFECTIVE
MARCH 29, 2016) — PROVIDING A 50/50 SPLIT BETWEEN THE
COUNTIES AND STATE FOR THE JUVENILE DETENTION
COSTS
Item #17A
RESOLUTION 2016-82: PETITION VAC-PL20150002813, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN THE 15-FOOT DRAINAGE
EASEMENT LOCATED ALONG THE BORDER BETWEEN
LOTS 2 & 3, OF NORTH COLLIER INDUSTRIAL CENTER, AS
RECORDED IN PLAT BOOK 31, PAGES 50 THROUGH 51 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA,
LOCATED IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, AND TO ACCEPT A
REPLACEMENT EASEMENT
Page 200
April 26, 2016
Item #17B — Moved to Item #9A (Per Agenda Change Sheet)
Item #17C — Moved to Item #9B (Per Agenda Change Sheet)
Item #17D
RESOLUTION 2016-83: PETITION VAC-PL20160000324, TO
DISCLAIM, RENOUNCE AND VACATE THE COUNTY AND
THE PUBLIC INTEREST IN A PORTION OF THE 18-FOOT
DRAINAGE AND MAINTENANCE EASEMENT LOCATED
ALONG THE REAR BORDER OF LOT 125, VILLAGES OF
MONTEREY AT WOODBRIDGE, UNIT FOUR AS RECORDED
IN PLAT BOOK 17, PAGE 77 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 2,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA
Item #17E
RESOLUTION 2016-84: AMENDMENTS (APPROPRIATING
CARRY FORWARD, TRANSFERS AND SUPPLEMENTAL
REVENUE) TO THE FISCAL YEAR 2015-16 ADOPTED
BUDGET
Item #17F
ORDINANCE 2016-11 & RESOLUTION 2016-85: AMENDING
SECTION TWELVE OF THE BOARD'S PURCHASING
ORDINANCE (ORDINANCE NO. 2013-69, AS AMENDED), TO
INCORPORATE A PROCEDURE TO ACCEPT UNSOLICITED
PROPOSALS (THROUGH PUBLIC PRIVATE PARTNERSHIPS —
Page 201
April 26, 2016
"P3'S") AND APPROVE A RESOLUTION THAT ESTABLISHES
AN APPLICATION FEE REQUIRED BY PRIVATE ENTITIES
WISHING TO SUBMIT UNSOLICITED PROPOSALS FOR
QUALIFYING PUBLIC PROJECTS
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 3:47 p.m.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF 4a714CIAL DISTRICTS UNDER ITS CONTROL
4o
DONNA FIALA, CHAIRWOMAN
ATTEST
DWIGHT ` BROCK, CLERK
IC ,WU.19-1C9A-1464'(-
(.. ; as to Ch' ' anS
4.
4� �°lli+ 11t'IY
These minutes approved by the Board on cJau 116 , as
presented or as corrected .
Page 202